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HomeMy WebLinkAbout1998-11-02 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 2, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, Monday, November 2, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley (arrived at 3:37 p.m.), 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. City Manager Johnson requested that the public defender contracts be removed from the Consent Items for discussion. Minutes - June 1. 1998. June 15. 1998. June 29. 1998. Sectember 8. 1998. October 19. 1998 and October 26. 1998 . It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the minutes of the meeting of October 19, 1998, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Mayor Stiff deferred action on the minutes of the meetings of June 1, June 15, June 29, September 8 and October 26 to a later date. Authorize City Manager to sign - Agreements for Public Defender with Valerie Cairns and ChristoDher K. Williams: continaent ucon other carties' execution of agreements Drior to City sianature Mr. Christopher Williams distributed to the Commissioners a copy of the language which he wishes to have incorporated into Paragraph 3 of the agreement for public defender prior to . his signing the agreement, which reads: "If the City budget is amended in order adjust the sum payed to the Public Defender, the City shall pay the Public Defender the new monthly rate as approved by the Bozeman City Commission." City Attorney Luwe noted that Valerie Cairns has been serving as a public defender since late 1997, and this contract is a renewal of the contract for her services. He stated that the 11-02-98 .. -.-.......-..-.-.......--..- - 2 - City recently went through the request for proposals process to select a second public defender and, during that process, Christopher Williams submitted a response. Since he had terminated his employment with the City less than six months before submitting the proposal, the Commission considered and waived the six-month statutory prohibition, so his proposal could . be considered. He noted that, subsequently, City Judge Carlson negotiated with Christopher Williams and arrived at a $1,200 per month fee for each of the two public defenders. The City Attorney stated that, at the City Judge's request, his office prepared the agreements for the public defenders to sign. He then asked the public defenders to come into his office to review and sign the agreements and, after receiving no response, he sent letters to both of the individuals notifying them that they must sign the contracts prior to this meeting or he would request authorization from the Commission to terminate the contracts in thirty days. He noted that Valerie Cairns has signed the contract, but Christopher Williams has not. He indicated that one addition has been made on the agreements since the drafts were distributed in the Commissioners packets, to ensure that the workload is divided as evenly between the public defenders as possible. He concluded by requesting that the Commission . authorize the City Manager to sign the agreement with Valerie Cairns and authorize him to write a letter terminating the agreement with Christopher Williams in thirty days. Mr. Christopher Williams characterized this as a matter of principal, noting that he submitted his proposal at $1,400 per month and, after the Commission's approval for consideration of proposal on September 8, he began working on September 9. He noted that 2 % weeks after he began work, he was notified that the City was not obligated to pay the $1,400 contained in his proposal, and this is now 1 % months later, and the Commission is considering the agreement. He then stated the purpose of the additional language is to ensure that. if the Commission approves a mid-year budget amendment to increase the amount paid to public defenders, he receives the additional amount. In response to Commissioner Frost, Mr. Williams stated that he would agree to the . $1,200 per month in the contract, if necessary. Responding to Commissioner Rudberg, City Attorney Luwe stated that he recognizes what Mr. Williams is attempting to do with his additional language; however, he does not support its addition and encourages the Commissioners to act on the agreements as submitted. 11-02-98 ~ 3 - Responding to additional questions from Commissioner Rudberg, City Manager Johnson stated that the City Court budget for this year includes $1,000 per month for each of two public defenders. He noted he has reminded the City Judge that she must operate within her approved budget, and she has determined that it will accommodate $1,200 per month for each . of the public defenders. Responding to Commissioner Rudberg, City Attorney Luwe stated the only issue upon which the Commission acted on September 8 was whether or not to waive the six-month waiting period contained in State statutes. He indicated that the $1 AOO contained in the proposal was simply a proposal, and the City was not bound to pay that amount. Commissioner Rudberg compared the proposed additionallanguageto conditional zoning, and stated her opposition to that approach. Responding to Commissioner Youngman, the City Attorney explained the differences between a request for proposals and a bid situation. He noted that under a request for proposals, the City negotiates the fee with the individual or firm. He then stated that in this situation, the City could have chosen to negotiate with an individual to provide the public . defender services rather than going through the request for proposals process. Responding to Mayor Stiff, the City Attorney stated there has been no signed contract for $1 AOO per month; the written agreement is now before the Commission for action and includes the amount of $1,200 per month. Commissioner Youngman expressed concern that an amount was listed in the proposal and that Mr. Williams began work with no communication that that was not an acceptable amount or that circumstances would change. City Judge Patty Carlson stated that when she prepared the budget for Fiscal Year 1998- 1999, the City Court had two public defenders who had worked for less than one year, and she anticipated that both would continue to work for $1,000 per month through this fiscal year. She noted that, to fill the subsequent vacancy, in the most unbiased manner possible, . she developed a committee to consider the proposals, and that committee included her, City Attorney Luwe and Commissioner Frost. She recognized that the $1,000 per month figure was low; however, she made the assumption when reviewing the proposals that the City would accept the lowest amount in a qualified proposal. She made the determination that both public defenders should be paid the same amount and, when reminded by the City Manager that she 11-02-98 ---...-.-- - . . -..... --.,..-.-- - 4 - must live within her budget, she realized $1,400 per month was not possible. She stated that, with assistance from Administrative Services Director Gamradt, she was able to identify a way to pay $1,200 to each of the public defenders and still remain within the amount budgeted for the fiscal year. . City Judge Carlson stated that, because she did not talk to Mr. Williams about the amount to be paid for his services until 2 % weeks after he started, she paid him $700 for the first one-half month worked, but he has received $1,200 per month since then. She indicated that she has also made a commitment to consider seeking a mid-year budget amendment if the amount of work and the need for public defenders justifies the additional amount. Responding to Commissioner Frost, City Judge Carlson stated that Ms. Valerie Cairns has averaged 80 cases and works an average of 100 hours per month. She noted that means Ms. Cairns works for approximately $10 per hour, which is well below the average cost of a retained lawyer. Commissioner Rudberg noted that in the past, it was not uncommon for attorneys to do pro bono work. . Commissioner Frost suggested that Mr. Williams be given ten minutes to sign the agreement, rather than terminating the agreement as suggested by the City Attorney. Commissioner Smiley arrived at 3:37 p.m. City Manager Johnson stressed his only concern is that departments operate within the bottom lines of their respective budgets. He noted the City Judge has determined that, without a budget amendment, she cannot pay the $1,400 per month contained in the proposal, particularly since she has made the determination that both public defenders shall be paid the same amount. He stressed that much of the discussion today is the type of discussion that would revolve around a mid-year budget amendment rather than the signing of an agreement. Following discussion, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize the City Manager to sign the Agreement with . Christopher K. Williams for Public Defender, contingent upon his execution of the agreement. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stiff; those voting No, none. Commissioner Smiley abstained. 11-02-98 - 5 - It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission authorize the City Manager to sign the Agreement with Valerie Cairns for Public Defender. 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. Consent Items City Manager Johnson presented to the Commission the following Consent Items. ADDlication for SDecial Beer and Wine License - MSU Marketing Association - Gallatin County Fairgrounds - November 2. 1998 ADDointment of Commissioner Rudbera and Commissioner Frost to sub-committee to review Pledaed Securities as of SeDtember 30. 1998 Commission Resolution No. 3269 - authorizing City Manaaer to sign Chanae Order No. 1 for 9-1-1 system - IntearaDh Public Safety - add one-half of $8.100.00 and 0 calendar days COMMISSION RESOLUTION NO. 3269 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH INTEGRAPH PUBLIC SAFETY. Commission Resolution No. 3270 - authorizing City Manager to sian Chanae Order No. 12 for remodeling of Professional Buildina - Walker Construction. Inc.. Bozeman. Montana - add $1,002.10 and 0 calendar days COMMISSION RESOLUTION NO. 3270 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH WALKER CONSTRUCTION, INC., BOZEMAN. MONTANA. Authorize City Manaaer to sign - Agreement. includina Addendum One. between Bayliss Architects and City of Bozeman for remodelina of the Professional Buildina ADDrove City sDonsorshiD of Droposal for CDBG economic develoDment arant monies on behalf of Gallatin DeveloDment CorDoration to Droyide technical assistance services under federal Droarams. including Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STIR): authorize City Manaaer to sian DrODosal . Award bid - two 1999 four-door sedan Dolice cars - Danhof Cheyrolet. Manhattan, Montana - in the total bid amount of $41.498.00 Award bid - 1999 motor arader for Street DeDartment - Tractor & EauiDment ComDanv. Billings. Montana - in the bid amount of $129.926.00 Award bid - 1999 automated garbage collection truck - Schedules I and II - Billings Truck Center. Billings. Montana - in the total bid amount of $136.209.08 11-02-98 ----....-..- .,,-.--- - 6 - Award bid - 1998 commercial 4-wheel-drive rotary mower for Parks Department - Midland Implement Com pan v . Inc.. Billings. Montana - in the bid amount of $33.322.00 Reauest for authorization to use annual leave - Clerk of the Commission Sullivan - November 16-20. 1998: appoint City Attornev Luwe as Actina Clerk of the Commission . Acknowledae receiPt of reauest to deannex cas No. 1877 (the Old Story Mill): refer to staff Buildina Inspection Division report for SePtember 1998 Claims It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, 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 Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Discussion - FYI Items . items. City Manager Johnson presented to the Commission the following "For Your Information" (1 ) Memo from Administrative Services Director Miral Gamradt, dated October 29, regarding the IBM System 400 computer. Administrative Services Director Gamradt stated that, since July, staff has encountered problems with the mainframe computer as new software has been installed and more users are added to the system. He noted that, as more users are added, the time it takes to complete an entry on the computer increases, and it is now at an unacceptable level. He stated that he has talked to the Cities of Billings, Great Falls and Helena, and has talked to IBM and HTE, the software vendor, in an effort to determine how to correct the problem. He indicated that resolving the problems could cost up to $125,000. . The Administrative Services Director stated that, when the computer is working properly, it takes 1 to 1 Y2 seconds for the screen to change. At the present time, delays of 20 to 30 seconds for a change of screen are normal, and the delays may be as long as 20 minutes. He noted that, in an effort to partially alleviate the problems, staff is working some staggered 11-02-98 .--..--.-------- -..-...---. -..--...--- - 7 - hours. He stated that the number of users has increased from 11 to 35 at a time recently, and with additional people being continually added, problems will only increase. The Commissioners indicated general support for the request to consider a mid-year budget amendment to address this computer problem if determined necessary. . (2) Memo from the Montana League of Cities and Towns, dated October 23, regarding CI-75. City Manager Johnson stated that, based on the legalities of discussing ballot issues, he is hesitant to discuss this issue in detail. He noted, however, that a voicemail message from bond counsel has suggested the passage of CI-75 could jeopardize the City's ability to create special improvement districts and could affect the City's bond rating. He stressed that, if this initiative passes, it could dramatically impact the manner in which the Commission operates. Commissioner Rudberg expressed concern about the lack of clear direction on what people in local government mayor may not do when a ballot issue is involved, and suggested that an Attorney General's opinion is needed. Responding to Mayor Stiff, City Attorney Luwe cautioned that this item was not listed . on the agenda and advised against taking any action. Responding to Commissioner Frost, the City Attorney suggested it may be time to discuss the differences between public officials and public employees and what is and what is not prohibited. He stressed that the legislative body is different from a board or a public employee. He then indicated that a private individual does have the right to express an opinion outside this forum. (3) Memo forwarding comments from a telephone call from Steve Palmer, received on October 28. (4) Letter from Bozeman Interfaith Housing, Inc., dated October 23, regarding Resource Property Management. (5) Letters from Maxine P. Glueckert, dated October 23; B.J. Block, dated October . 26; Cindy L. Fredrickson; Vickie P. Reese; Carlyn Murdy, dated October 27; and Marcie Behring, encouraging the Commissioners to allow the Farmers' Market to remain at Bogert Park. (6) Late submittal from Carol Wester, 2601 Westridge Drive, regarding the Allison Minor Subdivision preliminary plat. 11-02-98 - 8 - (7) Memo from .Planning Director Andy Epple, dated October 28, regarding the State/Local Transportation meeting scheduled for 10:00 a.m. on Wednesday, November 18, in the Community Room at the Bozeman Public Library. (8) Letter from Lowell Springer, dated October 22, requesting that the Commissioners . give further consideration to the impact fees for the Osterman Mini-Warehouses. (9) Newsletter from Headwaters Recycling, announcing that the next meeting will be held at 10:00 a.m. on November 4 at Three Forks. (10) Minutes from the October 15 Stakeholders' meeting for the Drug Court Planning Coalition. (11 ) Notice that there will be no public meeting of the County Commission on Tuesday, November 3, due to the Election Day holiday. ( 12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, November 4, in the Commission Room. Discussion - Commissioner oroiects . No Commissioners forwarded any comments under this agenda item. Work Session - Continued discussion re writing of minutes Due to the late hour of the meeting, the Commissioners requested that this item be placed on next week's agenda. Reauest for oermission to address Commission - Gordon Vance Mr. Gordon Vance, member of the City-County Planning Board, read a statement in which he made two requests. He noted that, at the October 20 meeting of the Planning Board, several members of the public scolded, and even yelled at, the Planning Board members for endorsing the guest editorial which Lonny Walker wrote for the Bozeman Daily Chronicle. He . then stated that the Board members did not see the City Attorney's opinion until that meeting. Mr. Vance stated he personally feels that under no circumstances should the members of a board of volunteers be subjected to this type of treatment, from either the public or members of the Commission. He asked for a public apology to the Board and its members for 11-02-98 -- - -- - 9 - the way they were treated. He expressed concern that if the Commission does not voice support for the board members, it will be difficult to get volunteers to serve in the future. Mr. Vance then forwarded his second request, that, beginning with the November 17 City-County Planning Board meeting, a member of the City Attorney's office be present at all . meetings. Commissioner Rudberg stated that, while she was not present at the Planning Board meeting, she personally apologizes to every Board member. She noted it is important to remember that some of the members on the Board are appointed by the County Commission, not the City Commission. Commissioner Frost stated that he stands behind what he said at the Planning Board meeting. He noted that the Board had an opportunity to seek counsel prior to taking action and, in fact, one did receive input from counsel and then chose to ignore it. He stated that, in nine years, this is the first time he has seen a board take this kind of action. Commissioner Frost stated that the issue of public trust is an extremely important one and, if there is any perception that a board is making decisions on items which are not on the . agenda and which have not been properly noticed, then it is not open government and democracy will be lost. Commissioner Frost recognized that the initial decision may have been one of poor judgment. He stated, however, the second step borders on arrogance; and he feels it was inappropriate. He then forwarded his position that all of the City members on the Planning Board should be fired and replaced. Commissioner Smiley forwarded her "heartfelt apology", stating she was shocked at the yelling and name calling that occurred. She noted that the Planning Board members had not seen the City Attorney's opinion prior to the meeting, making the situation even more difficult. Commissioner Youngman stated she is concerned about opening the City to legal action, and she feels the Planning Board did that. She recognized the initial action was an honest . mistake, and she attempted to deal with it behind the scenes before it became a major issue. She stated that when she learned the Board took action at a special meeting without notice, she asked the City Attorney about the situation. She noted that staff informed the President of the Planning Board it was inappropriate for the Board to take a position, although he could 11-02-98 -.---.-.----..- - 10- take a position as an individual. She noted that when the Board ignores that type of advice, it should be prepared for anger from the public. Commissioner Youngman stated that what she heard at the Planning Board meeting were "firm, upset community voices". She then noted that four of the seven members voting on this . issue were County appointees. She concluded by stating she is unwilling to apologize to the Board. She suggested that the Board be provided the guidance and legal advice they need. Mayor Stiff stated he is "not in the habit of apologizing for something I'm not part of", however, as Mayor, he apologized and characterized the government as being embarrassed. Responding to questions from the Commissioners, City Manager Johnson and City Attorney Luwe advised the Commission to take no action. They further cautioned that if this item is opened to input from anyone else, it must be opened to anyone who wishes to speak. Mr. Lonny Walker, President of the City-County Planning Board, stated that he initially wrote his letter for the benefit of the City-County Planning Board, and the Board subsequently voted to support it. He stated that, after the Board action and prior to the letter being published, he did talk to the City Attorney. He stressed that the Board had no intent to . circumvent public meeting laws. He characterized the Board members as individuals who are hardworking and care about the community. He stated the Board recognizes the importance of being proactive whenever possible and not just reactive. Mr. Walker indicated his concurrence with Gordy Vance's comments, stating he feels it would be beneficial to have legal counsel at all Planning Board meetings. He noted that the Commission's discussion on CI-75 earlier in this meeting pointed out the need for counsel when discussing this type of issue. Mr. Jeff Krauss spoke on behalf of one of his friends, who is a new member on the City- County Planning Board and unable to be present at this meeting. He asked of which entity the Planning Board members are public officers or public employees, since the Board is comprised of both City and County appointees. He also asked who provides legal counsel to the Planning . Board. He further questioned whether proper notice was given that three Commissioners would be in attendance at the Planning Board meeting. City Attorney Luwe responded that, because of the interlocal agreement, Planning Board members are likely to be considered public employees of both the City and the County. He also noted that the by-laws adopted by the Planning Board indicate both the City Attorney and 11-02-98 - 11 - County Attorney offices will provide legal advice although, he noted, neither office has the legal staff to meet this need. He stated that, since the Planning Board meeting was an open, duly noticed, meeting and the three Commissioners in attendance were not acting as a body, no additional notice was needed. . Commissioner Rudberg suggested that this may be the time for a work session at which the Commissioners could forward their concerns about some of the other boards. She noted that, in some instances, an Attorney General's opinion may be needed. City Attorney Luwe noted that on some issues, the opinions would come from the Commissioner on Political Practices. Commissioner Frost requested that this item be placed on an upcoming agenda for further discussion. Decision - Conditional Use Permit for Planned Unit DeveloDment - Lowell SDringer for Castle bar Limited Partnershio - allow the develooment of a 72-unit aoartment comolex on 6.748-acre tract of land described as Lot 3. Annie Subdivision. Phase II ( 1200 North 25th Avenue) (Z-98144) . This was the time and place set for the decision on a Conditional Use Permit for a Planned Unit Development, as requested by Lowell Springer on behalf of Castlebar Limited Partnership under Application No. Z-98144, to allow the development of a 72~unit apartment complex on a 6. 748~acre tract of land described as Lot 3, Annie Subdivision, Phase II. The subject property is more commonly located at 1200 North 25th Avenue. Included in the Commissioners' packets were a notebook prepared by the Human Resource Development Council in response to questions raised by the Commission and a memo from Senior Planner Dave Skelton, dated October 27, forwarding staff comments on the issues that have been identified. Senior Planner Skelton stressed that the memo provides his preliminary responses to the handbook which has been submitted to the Commission. He reminded the Commission that . the Planning Board, on a vote of 8 to 1, has forwarded a recommendation for conditional approval, and the applicant has requested modifications to Condition No. 11 to allow for foundation only permits prior to the installation of the traffic signal and to Condition No. 37 regarding the trail system. 11-02-98 - 12 - Mayor Stiff stated his appreciation for the manual, recognizing that, to some extent, the issues are Bozeman issues rather than issues revolving around this specific application. He then asked about the enforceability of the management plan and ensuring that the site does not have a negative impact on the area. . City Attorney Luwe indicated that he has not had an opportunity to review the materials which have been submitted and is, therefore, unable to respond at this time. Assistant City Manager Brey stated that under the tax credit program, the affordability of these units is guaranteed for forty years. He noted that if any penalties are incurred, they date back to day one of the project, which makes it cost prohibitive to depart from compliance. He noted that violations also result in a permanent inability to participate in the program in the future. Responding to questions from Mayor Stiff, the City Attorney stated he will try to be ready to address the issues during next week's work session. He also indicated that staff will attempt to identify the problems created by Arcadia Gardens and how to mitigate them with this project. . Responding to Commissioner Rudberg, the Senior Planner stated that the six points on Page 3 of his memo are designed to serve as points of discussion and are not necessarily recommended as conditions. Commissioner Smiley stated that, with on-site management, she feels this housing development will be substantially different from Arcadia Gardens. She then stated that "people act out at every level of income", and it is not fair to classify everybody who lives in affordable housing. She stated that she lives only a block from the student housing on campus and she finds "it's just not a big deal". She recognized that the project looks like apartments, simply because that is what they are. Responding to Mayor Stiff, the City Attorney stated that, since the Commission has closed the public hearing and no additional public comment may be received, it may vote at this . meeting. Responding to Commissioner Youngman, the City Attorney stated that on previous projects, the restrictive covenants have been approved by the Planning Department, based on the conditions imposed by the Commission and confirmed that the City has been a party to the covenants and any amendments. 11-02~98 -.------ - 13 - Commissioner Frost announced that he will abstain from voting on this item to avoid the appearance of a conflict of interest. Mayor Stiff stressed that none of the Commissioners are opposed to affordable housing. He stated, however, that because of the concerns raised by his neighbors, if the Commission . chooses to vote today, he may be unable to support this application. Responding to Commissioner Rudberg, City Attorney Luwe stated that Commissioner Frost is subject to the provisions of both State law and the Bozeman Municipal Code regarding a conflict of interest. He noted that the City code is more restrictive than State law, including personal and financial gain, and direct or indirect benefit. He suggested that when an employer benefits from a contract, then the employee could accrue an indirect benefit, and that would result in a conflict of interest under the City code. He stated that Commissioner Frost has made the decision that an appearance of conflict exists and, under the Commission's rules of procedure, he has declared that conflict and not participated in discussion. He then stressed that, even though the employer may segregate the funds for the various programs, the employer still benefits from this decision. . The City Attorney noted that the doctrine of necessity may be invoked if a quorum is needed or a Commissioner is required to vote so the Commission can reach a decision. He stated that, before it can be invoked, the Commission must reach a 2 to 2 vote. He then indicated that, if the Commission wishes, it may choose to operate outside its rules of procedure, which will address the City's code of ethics but does not address the State statutes. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission operate outside its rules of procedure on this agenda item. 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. Break - 5:05 to 5:22 om. . Mayor Stiff declared a break from 5:05 p.m. to 5:22 p.m., in accordance with Commission policy. 11-02-98 ..---- --..--- -- ..- - -- .-.- - 14 - Decision (continued)- Conditional Use Permit for Planned Unit Develooment - Lowell Sorinaer for Castlebar Limited Partnershio - allow the develODment of a 72-unit aDartment comDlex on 6.748-acre tract of land described as Lot 3. Annie Subdivision. Phase II ( 1200 North 25th Avenue) (Z-98144) City Attorney Luwe advised Commissioner Frost that he has a conflict of interest, and . noted that he may choose to proceed outside that legal advice if he wishes. He noted that if Commissioner Frost abstains at this time and the Commission reaches a 2 to 2 decision, he may then invoke the doctrine of necessity and the next step would be to disclose the potential conflict to the Secretary of State prior to action being taken on this agenda item. He stressed that this process would result in better protection for the Commissioner. Commissioner Frost stated he will not go against counsel's advice and will, therefore, abstain from voting. Senior Planner Dave Skelton suggested that the Commission may wish to consider adding conditions to ensure that the restrictive covenants address the nuisances outlined in the zone code, provide additional restrictions regarding the limitation of outside storage of materials, equipment and accessory items, and provide that the City is a party to the covenants . and any amendments. Commissioner Youngman suggested that potential concerns about social activities could possibly be addressed through establishing time limitations for those activities which are large or held outdoors; a majority of the Commissioners indicated they were not interested in adding that type of condition. Commissioner Youngman then suggested that, in addition to the added conditions suggested by Senior Planner Skelton, the Commission add language to Condition No.1 0 to require access to the construction site from West Oak Street only; change Condition No. 11 to allow for the issuance of foundation only permits prior to the installation of the traffic signal; change Condition No. 37 as suggested by the applicant; and add Condition No. 38 to require that the applicant install playground equipment, a tot lot and picnic tables in the open space. . Commissioner Rudberg stated she cannot support giving this area in the community "bookends" by approving this project, particularly in light of the concerns voiced by the residents of the Brentwood Subdivision. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the Conditional Use Permit for a Planned Unit Development, as requested 11-02-98 -.---------. - . ..-.--.-. --.---------- - -..-". - 15 - by Lowell Springer on behalf of Castle bar Limited Partnership under Application No. 2-98144, to allow the development of a 72-unit apartment complex on a 6.748-acre tract of land described as Lot 3, Annie Subdivision, Phase II, subject to the following conditions: 1. The applicant is advised that the subject property is in the SID No. 621 . (sewer) payback area. The complete payback will be required prior to issuance of building permits. The developer is also advised that the subject property is in the Northwest Water Line pressure zone, hence the primary water main extension for this development must originate from the main in West Oak Street. The West Oak Street water main, currently funded under SID No. 665 and under design, is tentatively scheduled for construction in early 1999. Additionally, as a consequence of the City's seven year street cut moratorium for new streets, the developer will want to make sure that this water main installation precedes the paving of West Oak Street; 2. The developer shall provide and file with the County Clerk and Recorder's office executed waivers of right to protest creation of SIOs for the following: a. Street improvements to West Oak Street, North 27th Avenue and North 25th Avenue including paving, curb and gutter, sidewalk and storm drainage improvements. b. Signalization of the intersection of West Oak Street and North 19th Avenue. . The document filed shall specify that in the event an SID 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; 3. The full extent of all improvements proposed for each phase shall be clearly identified on all submittals; 4. Stormwater master plan: A stormwater master plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/detention basin location, and locate 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 for the basin sites, drainage ways, and lot finished grades, typical stormwater retention basin details including basin typical sections and basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds may not be located in public rights of way or street easements; 11-02-98 . ....--.-.-- - 16 - 5. Plans and specifications for the water and sewer main extensions and a comprehensive utilities design report prepared by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post- construction certification and preparation of mylar record drawings. . Construction shall not be initiated on the public infrastructure until the plans and specifications have been approved by the City Engineer and a pre- construction conference for the work has been conducted. No building permits for any phase of development will be issued prior to City of Bozeman acceptance of water and sewer infrastructure improvements for that phase; 6. Water mains shall be fully looped with each phase of development; 7. The location of and distinction between existing and proposed sewer and water mains and easements shall be clearly depicted on the preliminary plan submittal. All proposed water and sewer mains shall be extended to the property lines to adequately accommodate future extension and/or looping. We recommend that the applicant consider revising the proposed sewer plan to take advantage of the fact that a sewer main is already available in North 27th Avenue; 8. The rights of way for North 25th Avenue, North 27th Avenue and West Oak Street adjacent to this development shall be properly dedicated or otherwise granted to the City prior to final site plan approval; . The right of way to be dedicated for North 25th Avenue is one-half of 60 feet, that is, 30 feet. The developer shall dedicate one-half of a 120 foot right-of-way (60 feet) for West Oak Street adjacent to this development unless an alternative geometric street design which addresses the necessary transition in width and alignment of West Oak Street is approved by the Director of Public Service, the City Engineer and the City Planning Director. The design submitted must demonstrate conformance with the future alignment and right-of-way of West Oak Street at North 27th Avenue as shown in the approved preliminary plat for Harvest Creek Subdivision. The developer should also coordinate any such design with the proposed Rose Park Subdivision located immediately to the east. The specific geometry of the transition shall be included in the design documents for the improvements to West Oak Street. The developer shall also dedicate one-half of a 110 foot right-of-way (55 feet) for North 27th Avenue adjacent to this development unless an alternative geometric street design which addresses the necessary transition in width of North 27th Avenue is approved by the City Planning Director, Director of Public Service and the City Engineer; . 9. Should North 25th Avenue be connected to Annie Street rather than North 25th Avenue, a detailed traffic study report, prepared by a professional engineer (P.E.) registered in the State of Montana and qualified in the area of traffic engineering, shall be provided to and approved by the City Engineer. The report shall address existing and projected traffic volumes on all internal and perimeter streets and level of service evaluations at the intersection of Durston Road and North 22nd Avenue. The report shall include recommendations for any necessary off-site roadway improvements 11-02-98 ------.- ----.--..--- -----. .._,,-_.. - 17 - and shall account for impacts from all projects which have already received preliminary plat approval from the City of Bozeman; 10. North 25th Avenue adjacent to this development must be constructed or financially guaranteed prior to final site plan approval of Phase I. The developer shall provide the design for a City standard street, that is, 37 feet from back of curb to back of curb, however, if participation of adjoining . landowners cannot'be obtained, a 32 foot wide street with curb, gutter and sidewalk on the west side of the street (adjacent to the subdivision) will be accepted. The approved street improvements must be completed and accepted by the City of Bozeman or financially guaranteed with the curb, gutter and gravel courses in place prior to issuance of building permits for Phase I. Both West Oak Street and North 27th Avenue adjacent to this development must be constructed or financially guaranteed prior to final site plan approval of Phase II. Both streets must be completed and accepted by the City of Bozeman or financially guaranteed with the curb, gutter and gravel courses in place prior to issuance of building permits for Phase II. The designs of North 27th and West Oak Street must account for and accommodate the transitions to a split facility at the intersection of West Oak Street and North 27th Avenue, i.e., two lanes of travel with a median for the existing power poles. A preliminary design of these two streets must be received prior to approval of the Phase I final site plan. The final design must be approved by the City Engineer prior to approval of the Phase II final site plan. Access during development of the site shall be from West Oak Street only. The applicant shall install a barricade on North 25th Avenue, south of the . access to the development, to preclude access from that roadway during construction; 11. A traffic signal system at the intersection of West Oak Street and North 19th Avenue must be in place and fully operational prior to issuance of building permits, except for foundation only permits, for any housing units in the development; 12. Plans and specifications for the public streets, including curb, gutter and sidewalk and related storm drainage infrastructure improvements and signalization improvements, prepared by a Professional Engineer (P.E.) registered in the State of Montana, shall be provided to and approved by City Engineer for each phase of the development. 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 street infrastructure for any phase until the plans and specifications for that phase have been approved by the City Engineer and a pre-construction conference for that work has been conducted; 13. City standard sidewalk shall be installed and properly depicted at the standard location (Le., 1 foot off property line) along the public street . frontages concurrent with the construction of each street. Any deviation to the standard alignment or location mu~t be approved by the City Engineer; 14. Public street intersection sight triangles shall be free of plantings which, at mature growth, will obscure vision within the sight triangle; 15. Where project phasing results in dead-end streets, temporary cul-de-sacs shall be designed and constructed with each phase. Cul-de-sacs shall be 100 foot diameter with a minimum finished surface diameter of 70 feet. 11-02-98 .--.-".. ....-.-.-. -.- - 18 - If cul-de-sacs are located off the subject property, easements from the adjacent property owners to the City will be required. The cul-de-sac(s) shall be posted no parking; 16. Turning templates shall be shown on the final site plan which verify that larger vehicles such as fire trucks will be able to negotiate the proposed private drive radii; . 17. Easements for the water and sewer main extensions shall be a minimum of 30 foot 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 the easement. All required easements shall be provided prior to final site plan approval; 18. 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); 19. Any sewer manholes located outside of an improved surface as a result of project phasing shall be made accessible for maintenance purposes by constructing a 12 foot wide, all-weather access road capable of supporting the City's maintenance equipment; 20. That the applicant verify on the site plan that a twenty-five (25) foot front yard setback, exclusive of any required dedicated right-of-way or public easement for construction of City streets, will be maintained along North 25th Avenue, West Oak Street, and North 27th Avenue, for review and approval by the Planning Office prior to final site plan approval; . 21. That the applicant submit to the Planning Office a legal instrument setting forth a plan providing for the permanent care and maintenance of open spaces, recreational areas, and parking lots, for review and approval by the City attorney, and that said instrument be executed at the Gallatin County Clerk and Recorder's Office prior to final site plan approval; 22. That the applicant delineate on the landscape plan all areas designated as open space that are intended to satisfy the required thirty (30) percent open space provision of the zoning ordinance, for review and approval by the Planning Office prior to final site plan approval; 23. That the site plan accurately dimension off-street parking stalls, driving aisle widths, points of egress/ingress, sidewalks, landscape island widths, and yard setbacks to ensure compliance with the zoning ordinance, for review and approval by the Planning Office prior to final site plan approval; 24. Storm water runoff retention ponds located in the required yard setbacks shall not exceed a maximum slope of 1-in-4 and shall be noted accordingly on the site plan, for review and approval by the Planning Office prior to final site plan approval; 25. That the interior pedestrian circulation system (i.e., sidewalks) provide a . link with each of the three perimeter pubic streets (North 25th Avenue, North 27th Avenue, and West Oak Street) by installing a five (5) foot wide City standard sidewalk, and that it be delineated accordingly on the site plan, for review and approval by the Planning Office prior to final site plan approval; 26. That prior to Phase II the applicant shall revise the development master plan of the apartment complex such that the on-site vehicular system addresses the need for a secondary access to the development from a City approved 11-02-98 .----- -.--- -----...-... -----------.--. - 19 - public street, for consideration, review and approval by the City Engineer's Office and Planning Office prior to final site plan approval; 27. That seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the Development Review Committee (DRC) shall be submitted for review and approval by the Planning Director within six months of the date of DRC approval. A copy . of the approved final site plan shall be forwarded to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by the Planning Office; and one copy shall be retained in the Planning Office file; 28. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; 29. That a building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAYBE POURED UNTIL A BUILDING PERMIT IS OBTAINED; 30. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less . than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security; 31. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; 32. That all of the special conditions shall constitute restrictions running with the land use, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to issuance of any building permits, final site plan approval or commencement of the conditional use; 33. That all conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successors or assigns; 34. That all of the special conditions shall be consented to in writing by the applicant; . 35. That the applicant, upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, also submit a written narrative outlining how each of the above conditions of approval have been satisfied; 36. That the applicant revise the landscape plan whereby the landscape along the south boundary of the property includes a mix of semi-continuous hedges with coniferous and deciduous trees, and that each phase include five (5) clustered landscape features containing a mix of large bushes, shade and common ornamental trees, in addition to the landscape already 11-02-98 - 20 - proposed, for review and approval by the Planning Office prior to final site plan and approval; 37. That the applicant provide written documentation of a determination by the Recreation and Parks Advisory Board regarding the need for a public trail system through the subject property. Should the Recreation and Parks Advisory Board determine that a public trails is appropriate through said . property, the applicant will design and install a public trail to current City trail standards connecting both phases during the development of Phase II of the project, and that the site plan will be revised accordingly to delineate the location of the trail, for review and approval by the Planning Office prior to final site plan approval; 38. The applicant shall install playground equipment, a tot lot and picnic tables in the common open space, and the site plan shall be revised accordingly to depict said improvements, for review and approval by the Planning Office prior to final site plan approval; 39. The protective covenants shall be revised to address the nuisances outlined in the zone code and to provide additional restrictions regarding limitations on the outside storage of materials, miscellaneous equipment and accessory items, for review and approval by the Planning Office prior to final site plan approval; and 40. The protective covenants shall include provisions making the City of Bozeman a party to the covenants and any amendments thereto, for review and approval by the Planning Office prior to final site plan approval. The motion failed by the following Aye and No vote: those voting Aye being Commissioner . Youngman and Commissioner Smiley; those voting No being Commissioner Rudberg and Mayor Stiff. Commissioner Frost abstained. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that this item be brought back in a special meeting on November 9 for a decision. 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. Recess - 5:40 c.m. Mayor Stiff declared a recess at 5:40 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. . Reconvene - 7:00 c.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. 11-02-98 -...--..-------- - --- -.--.".-- ... .----- - 21 - Preliminarv Dlat for Rose Park Subdivision - SDrinaer Group for Rose Park Holdings L.L.C. - subdivide lot 4. Annie Subdivision. Phase II. into 24 lots for multi-family residential develoDment (southeast corner of intersection of West Oak Street and North 25th Avenue extended) (P-984~) This was the time and place set for continued review of the preliminary plat for Rose Park Subdivision, as requested by Springer Group on behalf of Rose Park Holdings L.L.C., under . Application No. P-9843, to subdivide a 9.64-acre parcel described as lot 4, Annie Subdivision, Phase II, into 24 lots for multi-family residential development. The subject property is more commonly located at the southeast corner of the intersection of West Oak Street and North 25th Avenue extended. Assistant Planning Director Debbie Arkell presented the staff report. She indicated that the subject property, which is located at the west end of West Oak Street, is zoned "R-3", Residential--Medium-density. She stated that, in conjunction with this proposed subdivision, North 25th Avenue, from West Oak Street to the south edge of the property, and West Oak Street, from its current terminus to the west edge of the property, are to be developed to a City street standard. She noted that the two interior subdivision streets are also to be improved to . City standards. She stated the applicant has proposed two small parks at the ends of the cul- de-sac streets, and those parks would abut the parkland in Brentwood Subdivision. Staff has expressed concern that the proposed lots at the ends of the cul-de-sacs are not large enough for the proposed four-plexes, and the applicant has reviewed the plan and found that those lots are, indeed too small. As a result, the amount of parkland at the ends of the cul-de-sacs will be decreased, resulting in more of a linear park than a park. She noted that the Parks Department has indicated its interest in having these areas identified as open space rather than parkland, since they will be unable to maintain it. The Assistant Planning Director noted that the subject lot was created with the filing of Annie Subdivision, Phase II, and the parkland dedication was met with the original platting of Annie Subdivision. She stated that the City-County Planning Board conducted the public . hearing on this application at its October 6 meeting. At that meeting, three people expressed concern about the additional traffic, proximity to the school and density. She reminded the Commission that this property was zoned "R-3" in the mid 19805, when the property was annexed, and this type of development is allowed under the existing zoning designation. 11-02-98 . 22 - The Assistant Planning Director stated that, following consideration of the criteria, staff's comments and the public comment, the Planning Board concurred in staff's recommendation for approval, subject to 25 conditions. She briefly highlighted some of the conditions which are unique to this project, noting that the applicant has requested some modifications. She . stated one of the conditions requires that the traffic signal be installed prior to the issuance of building permits; the developer wishes to proceed with the construction of the structures but not allow occupancy until after the traffic signal is in place. She stated the applicant has also requested that Condition No. 14 be modified so he is not required to pave North 25th Avenue from the south edge of the property south to the existing paving because the waterline for Durston Meadows will be extended under the street as that development extends northward. She noted staff recognizes the waste of resources that would result in the tearing up of new pavement to install the water main if this condition is not modified as requested and feels that a gravel road is acceptable. She then indicated that Condition No. 25 should be amended to ensure that the street lighting is acceptable to the Director of Public Service. Responding to Commissioner Rudberg, the Assistant Planning Director confirmed that . the Project Engineer feels that it makes sense to construct North 25th Avenue to a gravel standard rather than paving it prior to the installation of the water main for Durston Meadows. She then noted there is a possibility that by the time the applicant is ready to file the final plat for this subdivision, Durston Meadows may be completed and this will not be an issue. Mr. Brad Daws, applicant, stated he understands the concerns that have been voiced by residents of Brentwood Subdivision, and he has attempted to design a neighborhood that would fit well with the "R-3" zoning and the manner in which Brentwood Subdivision has developed. He stated that the design is to create the feel of a condominium development rather than a "hodgepodge of apartment buildings". He also stated that very strict covenants are being developed; all lots will be sprinklered; and the homeowners' association will be responsible for lawn maintenance and snow removal to ensure a uniform appearance throughout the . development. He indicated that the property and the streets will be well lit and, through the use of four or five building designs, with specific types of exterior siding and roofing, the subdivision will be assured of an architectural theme and some consistency. Mr. Daws stated he recognizes the need for signalization of the intersection of North 19th Avenue and West Oak Street and indicated his willingness to pay his fair share. He 11-02-98 - 23 - stated, however, he would like to proceed with development of the subdivision prior to installation of the traffic signal and requested that the conditions be amended to tie the traffic signal to the Certificate of Occupancy. He also encouraged the Commission to revised the condition pertaining to North 25th Avenue as suggested by staff. . Responding to Commissioner Frost, Mr. Daws stated he plans to construct a fence along the south boundary of his property as well as plant a hedge of cotoneasters to create an attractive buffer between this property and the school playground immediately to the south. Commissioner Youngman stated her interest in maintaining consistency for both this application and the previous application, although she recognizes that the Commission is dealing with two different processes. She then suggested that the Commission consider allowing the issuance of foundation only permits for this subdivision, remaining consistent with the discussions on the previous item. The Assistant Planning Director reminded the Commission that this is a subdivision application, under which the lots are being created. She then noted that the applicant may choose to sell the lots rather than building on them. . Commissioner Youngman stated she is supportive of good lighting. She noted, however, MSU studied this issue and found that short lights can create a glare for drivers and diminish their view of pedestrians. On that basis, she suggested that, if short lights are used, they be shielded, or that taller lights be used to avoid the glare for drivers, particularly since this is a multi-family residential area. Responding to Commissioner Rudberg, Mr. Brad Daws stated he would prefer flexibility in working on his subdivision and its development while the traffic signal installation is being undertaken. Responding to Commissioner Rudberg, City Manager Clark Johnson stated that North 19th Avenue north of West Oak Street will require re-engineering and reconstruction and he is not certain when the construction will begin, although he anticipates it will not be completed . until mid to late summer next year. Responding to additional questions from Commissioner Rudberg, Mr. Tom Hennish, Morrison-Maierle, stated that a water main is stubbed past the end of the cul-de-sac on West Oak Street and the sewer is stubbed to the intersection of West Oak Street and North 27th Avenue. He then indicated that he anticipates the plans for the water and sewer extensions 11-02-98 - 24 - will be completed shortly and, depending on approval from the City's Engineering Department and the weather, it is possible the main extensions could be constructed in January. Commissioner Rudberg stated her support for tying the installation of the traffic signal to occupancy. . Commissioner Frost expressed concern about not treating all developments the same. He then stated that when Castlebar is considered next week, it should be subject to the same timing as this application. Commissioner Youngman suggested that a condition be added similar to the condition added to Castlebar regarding covenants. Responding to Commissioner Rudberg, Mr. Daws stated that it is possible to purchase units in this subdivision, or an individual may purchase an entire building and live in one of the units. Following discussion, the Commissioners generally agreed on a simple condition that indicates staff and the applicant will reach mutual agreement on additions to the restrictive covenants designed to protect neighborhood. . It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the preliminary plat for Rose Park Subdivision, as requested by Springer Group on behalf of Rose Park Holdings L.L.C., under Application No. P-9843, to subdivide a 9.64-acre parcel described as Lot 4, Annie Subdivision, Phase II, into 24 lots for multi-family residential development, subject to the following conditions: 1. The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations (August 1997 version) and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, including covenants, certification by the State Department of Environmental Quality approving the plans and specifications for water or sanitary facilities, certification from the City Engineer certifying that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Two cloth back (or equivalent) and mylar (or equivalent) 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 Y2 -inch floppy disk. . 2. The following certificates shall be corrected on the final plat: a) the Certificate of Dedication shall be corrected to include the correct legal reference in paragraph 2; the last paragraph must indicate this is Rose Park Subdivision, City of Bozeman, Gallatin County...., and the correct acceptance used (e.g., City of Bozeman, not Gallatin County); b) the Certificate of Planning Director shall be eliminated; and c) the Certificate of Completion of Waiver of RIDs shall be eliminated. 11-02-98 - 25 - 3. The two park areas shown at the ends of Wheeler Drive and Daws Drive shall be shown as common open space, owned and maintained by the homeowners' association. A copy of the covenants shall be submitted to the Planning Office with the final plat, with provisions that the common open space will be owned and maintained by the homeowners' association. 4. Notes shall be added to the final plat that reference the presence of high . groundwater in the area and that structures with basements are not recommended, and prohibiting access from the subdivision to West Oak Street. 5. The numbering in each block shall begin with Lot NO.1. 6. City standard sidewalks shall be constructed on all public street frontages of the subdivision at the time street improvements are installed. 7. Stop signs shall be installed on Daws and Wheeler Drives at their intersections with North 25th Avenue. 8. The final plat shall correct the reference of North 25th Street to North 25th Avenue. 9. Payment to SID No. 621 sewer payback area shall be paid prior to final plat approval. 10. The subject property is located in the Northwest Water Line pressure zone. The primary water main extension for this development must originate from the water main in West Oak Street. The West Oak Street water main, currently funded under SID No. 665, which is under design, is tentatively . scheduled for construction in early 1999. As a consequence of the City's seven year street cut moratorium for new streets, the developer will want to make sure that this water main installation precedes the paving of West Oak Street. 11. EASEMENTS: a. An easement for the existing 48-inch culverts located in the northwest corner of Lot 6, Block 1, shall be provided on the plat. In no case, shall the utility be less than 10 feet from the edge of the easement. b. Easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat, when appropriate. c. The final plat shall provide easements (e.g., 20 feet centered on side and rear lot lines, when practical) and the easement note required in Section 16.14.050, Bozeman Municipal Code. . d. All existing easements must be shown on the final plat. 12. Plans, specifications and a comprehensive utilities design report for water and sewer main extensions, prepared and signed by a professional engineer (P.E.) registered in the State of Montana, shall be provided to and approved by the City Engineer. The plans shall show the water main in West Oak Street as a 10-inch main, not an 8-inch main as shown on the preliminary plat. The interior looping of the 8-inch water main within the project with the proposed easement is acceptable, providing access to the easement 11-02-98 ------------ - 26 - and main is not impeded. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide P.E. 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 reconstruction conference has been conducted. No building permits shall be issued prior to substantial . completion and City acceptance of the required water and sewer infrastructure improvements. 13. A fully operational traffic signal system at the intersection of West Oak Street and North 19th Avenue must be in place or financially guaranteed prior to final plat approval. If the plat is filed with a financial guarantee for the signal, the signal must be fully operational prior to issuance of any occupancy permits in the subdivision. 14. In order to provide secondary to the subdivision, North 25th Avenue must be constructed from West Oak Street to either the existing end of pavement on Annie Street or to the existing end of pavement on North 25th Avenue (Durston Meadows Subdivision). If North 25th Avenue is extended from West Oak Street to Annie Street, the developer shall provide the design for a City standard street that is 37 feet from back of curb to back of curb. However, if participation of adjoining landowners cannot be obtained, a 32 foot wide street with curb, gutter and sidewalk on the east side of the street (adjacent to the subdivision) shall be in place prior to issuance of building permits. If North 25th Avenue is extended from West Oak Street to Durston Meadows Subdivision, the developer shall construct the road to a gravel standard if the water main has not been extended for Durston Meadows Subdivision. . Should North 25th Avenue be connected to Annie Street rather than the existing North 25th Avenue, a detailed traffic study report, prepared by a professional engineer (P.E.) registered in the State of Montana and qualified in the area of traffic engineering shall be provided to and approved by the City Engineer prior to final plat approval. The report shall address existing and projected traffic volumes on all internal and perimeter streets and level of service evaluations at the intersection of Durston Road and North 22nd Avenue. The report shall include recommendations for any necessary off- site roadway improvements and shall account for impacts from all projects which have already received City of Bozeman preliminary plat approval. 15. The applicant shall dedicate to the City one-half of a 60-foot right-of-way for North 25th Avenue. The applicant shall also dedicate one-half of a 120- foot right-of-way (60 feet) for Oak Street adjacent to this development unless an alternative geometric street design which addresses the necessary transition in width and alignment of Oak Street is approved by the City-County Planning Director, City Director of Public Service, and the City Engineer. The design submitted must demonstrate conformance with the future alignment and right-of-way of Oak Street at North 27th Avenue as shown on the approved preliminary plat for Harvest Creek Subdivision. West Oak Street shall be designed and either constructed or financially . guaranteed to a width of 42 feet from back-of-curb to back-of-curb from its current terminus along the north side of this subdivision. Oak Street must be constructed prior to issuance of building permits within the subdivision. 16. The streets within the subdivision (Wheeler and Daws Drives) shall be constructed within 60-foot dedicated rights-of-way to a City standard width of 37 feet back of curb to back of curb, and City standard curb, gutter and sidewalks shall be provided along all streets in the subdivision (Wheeler, Daws, east side of North 25th Avenue, and south side of West Oak Street). 11-02-98 ------.---- --- - 27 - 17. Plans and specifications for the public street improvements, including curb and gutter, sidewalk and related storm drainage infrastructure, prepared by a professional engineer (P.E.) registered in the State of Montana, shall be provided to and approved by the City Engineer. The applicant shall also provide P.E. 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 preconstruction conference has been conducted. 18. Cul-de-sac rights-of-way must be 100 feet in diameter, with a minimum paved diameter of 70 feet. Easements are required where cui-de sacs are located off the subject property. "No Parking" signs shall be installed at the ends of both cul-de-sacs, and the signs must be in compliance with MUTCD standards. 19. 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 public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/ detention basin location, and locate 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 sites, drainage ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed . and constructed to be conducive to the normal use and maintenance of the park or open space. Stormwater ponds shall not be located on private lots. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification process. 20. The applicant shall provide and file with the County Clerk and Recorder's Office executed waivers of right to protest creation of special improvement districts for the following: a. Signalization of the intersection of North 19th Avenue and West Oak Street. b. Signalization of the intersection of North 27th Avenue and West Oak Street. c. Intersection improvements at the intersection of Durston Road and North 22nd Avenue if North 25th Avenue is connected to Annie Street rather than the existing North 25th Avenue. The document shall specify that in the event an SID is not utilized for the completion of these improvements, the property owner 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. 21. The existing fence shall be removed prior to final plat approval. 22. The subdivider shall carefully consider the size and configuration of Lots 6, 7, 18 and 19 to ensure adequate area is provided for the proposed four- plex construction and required parking. 11-02-98 ----..--------- - 28 - 23. If construction activities related to the project result in the disturbance of more than five (51 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the Department, the developer shall demonstrate to the City full permit compliance. . 24. The Montana Department of Fish, Wildlife and Parks; Natural Resource Conservation Service; Department of Environmental Quality; and/or Army Corps of Engineers may need to be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final plat approval. 25. Street lighting shall be incorporated into the final design of the subdivision, with the final design approved by the Director of Public Service. 26. The protective covenants shall be revised to address the nuisances outlined in the zone code and to provide additional restrictions regarding limitation on the outside storage of materials, miscellaneous equipment and accessory items, for review and approval by the Planning Office prior to final plat approval. 27. The protective covenants shall be revised to make the City of Bozeman a party to the covenants and any amendments thereto, for review and approval by the Planning Office prior to final plat approval. 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. Preliminarv vlat for Gallatin Park Subdivision - Thomas. Dean and Hoskins for Tablerock Ventures - subdivide 29.686 acres described as a vortion of COS No. 1988. located in the NE%. SE%. Section 36. T1 S. R5E. MPM. into 1 commercial lot and 33 business and light industrial lots {along west side of Manlev Road} {P-9844} This was the time and place set for review of the preliminary plat for Gallatin Park Subdivision, as requested by Thomas, Dean and Hoskins for Tablerock Ventures under Application No. P-9844, to subdivide 29.686 acres described as a portion of Certificate of Survey No. 1988, located in the Northeast one-quarter, Southeast one-quarter, Section 36, Township 1 South, Range 5 East, Montana Principal Meridian, into 1 commercial lot and 33 business and light industrial lots. The subject property is located along the west side of Manley . Road. Associate Planner Chris Saunders presented the staff report. He stated that the subject property is located across Manley Road from the East Gallatin Recreation Area and was recently annexed to the City. He noted that it has long been master planned and zoned for commercial uses. 11-02-98 - .-- -.-.-- - 29 - The Associate Planner stated that the City-County Planning Board conducted the public hearing on this application at its October 20 meeting. He noted that four members of the public spoke at that meeting, and issues raised included concerns about the wetlands and proper use of the property. He then indicated that, following the public hearing and . consideration of the criteria and the staff's written staff report, the Planning Board forwarded a recommendation for approval with some revisions to the conditions suggested by staff. He noted those revisions included the deletion of Condition No. 24, which was the installation of a traffic signal at the intersection of North 7th Avenue and Griffin Drive and amending Condition No. 13a accordingly. He then asked that the Commission drop the last sentences in Condition Nos. 8 and 9. The Associate Planner stated that, in addition to creating 34 lots for commercial uses, this application will create open space tracts in the center of the subdivision. He noted that there are wetlands on the subject property, with some of those wetlands being on the northern edge and other portions of the property. He stated the applicant has applied for a 404 permit from the Army Corps of Engineers, and staff will evaluate this application against that permit . to ensure that all issues pertaining to wetlands are properly addressed. Responding to City Attorney Luwe, the Associate Planner stated the sentences which staff has recommended for deletion reference a planned unit development, and this is not a planned unit development. Mr. Larry Vosti, applicant, stated he has no problem with the conditions as recommended by the City-County Planning Board. He asked, however, that the Commission consider the requirement for a sidewalk along Manley Road, characterizing it as a sidewalk that goes "from nowhere to nowhere". He stressed that an internal trail system will connect all the lots through the greenbelt, and a trail will connect the Fish, Wildlife and Parks area with the East Gallatin Recreation Area. He noted that he must dedicate 45 feet for Manley Road and he is being required to pave 24 feet, which will leave a substantial distance between the road and the . sidewalk. He stated that, while he is willing to install the sidewalk at the appropriate time, he feels that it is a waste of money to install it at this time. Commissioner Frost noted that if development occurs on both ends of this property, people may wish to use a sidewalk to move through this portion of the community. 11-02-98 --- --. --.--.. - ---...--.-.------.--- ..--- _._._-_._~. .-- ... - 30 - Mr. Vosti noted that the road improvements will include bicycle paths on both sides of the street and asked that the Commission consider an additional four feet of pavement for pedestrians rather than a sidewalk. At Commissioner Rudberg's request, Associate Planner Chris Saunders drew a diagram . of the road improvements that will be required in conjunction with this application, confirming that an "oversized boulevard" would be located between the sidewalk and the paved roadway. He then reminded the Commission that much of the sidewalk along Durston Road west of North 19th Avenue has been installed in a piecemeal manner as development has occurred. Responding to Commissioner Youngman, Commissioner Smiley stated that she received written information regarding the meeting between the Department of Fish, Wildlife and Parks and the Army Corps of Engineers after their meeting on Friday, and she felt it was important to forward that information the Commissioners so they could consider it when acting on this application. Ms. Donna Lovell, Wetlands West, stated her firm is assisting the applicant in obtaining the 404 permit. She then noted that several agencies work in close cooperation when . reviewing this type of application, particularly if one agency has expressed a concern. Commissioner Youngman forwarded her concern that Condition No. 24 was deleted. She stated she is not concerned about the method of payment, but she is concerned about the timing of the installation of the traffic signal and feels it is imperative that the level of service and the safety of this intersection are not negatively impacted by development of this subdivision. Following a brief discussion, a majority of the Commissioners voiced support for requiring a pedestrian facility on the paved roadway rather than the installation of a sidewalk at this time, which will require a revision to Condition No. 22 and deletion of Condition No. 21. Responding to Commissioner Frost, Mr. Vosti expressed concern about the possibility of adding Condition No. 24 back into approval of this application. He stated that the Planning . Board recognized it was unfair to expect him to bear the burden of installing the traffic signal at the intersection of North 7th Avenue and Griffin Drive, particularly when it has been substandard since 1984. He noted that several developments have occurred along North 7th Avenue between 1984 and now, and they have not been required to install the light. 11-02-98 . - 31 - Responding to Commissioner Smiley, the Associate Planner stated the Engineering Office has prepared a list of the waivers that have been signed for this traffic signal, and that information has been provided to the applicant. He noted that Mr. Vosti has contacted the individuals on that list as well as other property owners in the area, but he does not know if . there are enough property owners willing. to participate in the costs of installing the traffic signal to make the creation of a special improvement district a possibility. Associate Planner Saunders stressed that, with the language suggested by staff, the applicant is not required to install the improvements, rather, that the improvements must be constructed and the applicant has an interest in seeing the work happen expeditiously. He recognized that this may appear to place a burden on the applicant; however, he noted that, as previously expressed, the City is not ready to devote its resources to organizing the project at this time. Mr. Vosti stated he is concerned that requiring the installation the traffic signal prior to development of the subdivision could slow down his development for several years. He then stated he has written letters to every party on the list and received two responses to date. . Commissioner Frost noted that, if there is a problem at the intersection now, it will only get worse with more development. He then stressed that the City is not attempting to put the full load on the developer but, since development is proposed to occur in this area before the City is ready to deal with it, then the developer assumes some additional organization duties. Mr. Vosti noted that, since his property is now inside city limits, he received a bill for $35,000 for street maintenance and tree maintenance. He concluded by characterizing Condition No. 24 as unreasonable, particularly since North 7th Avenue is a state highway. Responding to Mayor Stiff, Associate Planner Saunders estimated the distance from the intersection of North 7th Avenue and Griffin Drive to Manley Road at 1,800 to 2,000 feet. Commissioner Youngman suggested that, to partially address Mr. Vosti's concerns, Condition No. 24 be revised from no building permits to no occupancy permits. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the preliminary plat for Gallatin Park Subdivision, as requested by Thomas, Dean and Hoskins for Tablerock Ventures under Application No. P-9844, to subdivide 29.686 acres described as a portion of Certificate of Survey No. 1988, located in the Northeast one- quarter, Southeast one-quarter, Section 36, Township 1 South, Range 5 East, Montana 11-02-98 ---- - 32 - Principal Meridian, into 1 commercial lot and 33 business and light industrial lots, subject to the following conditions: 1. A 1-foot-wide "no access strip" shall be placed on the plat along Manley Road except where the County Road and Bridge Office has allowed encroachments. . 2. Lots 10, 11, and 12, Block 1, shall be made into two lots. Lot 1 2 is too narrow to use on its own and the 3: 1 lot depth to width ratio can't be met on Lots 10 and 11 if they are reduced in width. 3. The septic systems currently in place on the property shall be abandoned, pumped and filled or removed prior to any site development on lots where they are located. 4. Open space on the plat shall be labeled as common or private open space as applicable. A property owners' association shall be formed and must have responsibility for all maintenance of the common open space including weed control. The articles of association shall comply with Chapter 16.34 of the Bozeman Municipal Code. The signed articles shall be submitted with the final plat application and shall be filed along with the final plat. The corners of lots bordering on the open space shall be marked as described in Section 16.14.090.G.2 of the Bozeman Municipal Code or an alternative standard acceptable to staff. 5. The proposed trail through the common open space will need to be constructed to Recreation and Parks Advisory Board standard. . 6. A note shall be placed on the face of the plat which reads "Due to the relatively high groundwater within the subdivision, construction of basements or other below grade spaces is not recommended". The letters of the note shall be a minimum of one-quarter inch in height. 7. Twenty-foot rear yards shall be provided on Block 3 because of residential adjacency. The sUbmitted Environmental Impact Assessment shows an emergent marsh which is to be protected in the same area. Unless other another acceptable alternative is proposed a 20-foot landscape easement along the northern edge of Block 3 shall be provided to assure protection of yards and marsh. 8. The developer shall have two (2) years from the date of preliminary approval to complete the conditions, conform to all regulations, and submit a complete application for final plat and final plan approval. 9. The final plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and shall be accompanied by all required appropriately worded certificates and a Platting Certificate. The final application shall include two signed cloth-backed, or equivalent, copies; two signed reproducible copies on a stable base polyester film, or equivalent; two digital copies on 3 Y2-inch . DS/DD; and five (5) paper prints. 10. Water rights shall be provided as agreed to in the Annexation Agreement filed on Pages 4595-4611, Film 186, at the Gallatin County Clerk and Recorder's Office. 11. Plans and specifications and a detailed engineer's design report for water and sewer main extensions, storm sewer and public/private streets, prepared by a professional engineer (PEL shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the 11-02-98 . .----.--- ---.---- .--..". - 33 - Montana Department of Environmental Quality (DEQ). The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. . 12. All infrastructure improvements including, 1) water main extensions and water improvements (including any required pressure reduction valves), 2) sewer main extensions, and 3) public streets, sidewalks, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval. No building permits will be issued prior to substantial completion and City acceptance of all public infrastructure improvements. 13. The applicant shall provide and file with the County Clerk and Recorder's office executed waivers of right to protest creation of SIDs for the following, unless otherwise provided: a. Street improvements to Griffin Drive including paving, curb/gutter, sidewalk, and storm drain facilities, and signalization of the intersection of Griffin Drive and North 7th Avenue. b. Street improvements to Manley Drive including paving, curb/gutter, sidewalk, and storm drain facilities. The document filed shall specify that in the event an SID 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. 14. Storm Water Master Plan: A Storm Water Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private/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. . The Maintenance Plan shall include the following: description of maintenance operations, frequency of inspections and maintenance, responsible parties and record keeping methodology. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater shall not be discharged directly to the "spring-fed pond". Storm water pretreatment and detention facilities shall be provided. 11 ~O2~98 - 34- While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. The applicant shall provide a phasing schedule for the installation of the . stormwater improvements with the infrastructure plans. If the common open space will be used to conduct storm runoff as depicted in the submittal, detention ponds to filter pollutants as well as maintenance easements shall be provided. The open space shall be topographically configured to serve as an emergency stormwater overflow channel from east to west. The Montana Department of Fish, Wildlife and Parks shall also approve the Storm Water Master Plan. The Storm Water Master Plan must provide protection from groundwater contamination in perpetuity. 15. The location of proposed water and sewer easements need to be clearly depicted. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement. All required easements, including Montana Rail Link crossing easements, shall be provided prior to final plat approval and shown on the plat. Any easements located outside the subject property shall be provided prior to approval of the plans and specifications for that utility located within the subject easement. . 16. All proposed water mains shall be extended to the east property lines to adequately accommodate future extensions and/or looping. 17. A 12-foot wide all weather access road shall be provided for proposed sewer and water main that traverse through/between lots/open space. 18. Pursuant to the 50 Year Main Extensions Map included in the Water Facilities Plan a 10-inch water main extension shall be installed in Manley Road. 19. Section A. Water SUDDlv. Item 7. of the Communitv ImDact ReDart dated August 1998, prepared and submitted by Thomas, Dean & Hoskins shall be reviewed and approved by the Engineering Department to determine if any over waterline sizing exists. Additional hydraulic analysis may be required with the Engineer's Design Report. 20. The developer's engineer shall prepare and submit with the Engineer's Design Reports an evaluation of water pressures for this proposed subdivision. Any pressure reduction valves required shall be financially guaranteed or constructed prior to final plat approval. 21. As stated in Section D. Streets and Roads. Item 1. of the Community . ImDact ReDort dated August 1998, prepared and submitted by Thomas, Dean & Hoskins and shown on the Preliminary Plat of Gallatin Park Subdivision, one-half (45 feet) of a 90-foot arterial right-of-way will need to be dedicated for Manley Road with the plat. Also the street width and character of improvements shall consist of a County character road, (i.e., no curb and gutter), a minimum width of 36 feet (2 - 12-foot driving lanes, plus 2 - 4-foot bike lanes plus 1 - 4-foot pedestrian lane, designed to meet AASHTO standards, on the west side of the road). 11-02-98 - 35 - 22. Section D. Streets and Roads. Item 8. of the Community Imoact Reoort dated August 1998, prepared and submitted by Thomas, Dean & Hoskins regarding traffic and intersection studies performed on the intersection of Manley Road and Griffin Drive will be further evaluated by the Engineering Department. Prior to final plat approval the recommended and approved improvements at the intersection of Manley Road and Griffin Drive shall be financially guaranteed or constructed. No building permits will be issued . prior to completion and City acceptance of the intersection improvements. 23. Intersection improvements and signalization of the intersection of North 7th Avenue and Griffin Drive shall be financially guaranteed or constructed prior to final plat approval in order to raise the level of service to a level of "C" for the design year which shall be fifteen years following construction of the improvements. No occupancy permits will be issued prior to completion and City acceptance of the intersection improvements and signalization. 24. The Montana Department of Fish, Wildlife and Parks; 'SCS; Montana Department of Health and Environmental Sciences; and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (Le. 310, 404, Turbidity exemption, etc.) shall be obtained. Army Corps of Engineers approval of the requested 404 permit must be received and a copy of the permit and the final mitigation plan provided to the City of Bozeman prior to the beginning of work, including placement of infrastructure, which will affect wetlands. 25. Project infrastructure phasing, including all utility phasing, shall be clearly defined. 26. Utility Occupancy Permits must be obtained from the County or appropriate . governing body for locations of water and sewer mains within the public right-of-way. 27. Prior to initiation of construction the applicant shall demonstrate that he has contacted and is in compliance with the Montana Department of Environmental Quality Permitting and Compliance Division Storm Water Control and Permitting Program. 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 being Commissioner Frost. Ordinance No. 1481 - amending Section 10.32.410 of the Bozeman Municioal Code. orovidina for adiustments in fines for Darkina in designated fire lanes Previously distributed in the Commissioners' packets was a copyof Ordinance No. 1481, as approved by the City Attorney, entitled: . ORDINAN CE NO. 1481 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 10.32.410 OF SAID CODE. AS AMENDED BY ORDINANCE NO. 1469. WHICH ORDINANCE IS NOT CURRENTLY CODIFIED; PROVIDING FOR ADJUSTMENTS IN FINES FOR PARKING IN DESIGNATED FIRE LANES. 11-02-98 - - --- -......-. -.... _._--~- - 36 - It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Ordinance No. 1481, providing for adjustments in the fines for parking in designated fire lanes, be finally adopted. 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 - Master Plan Amendment - City of Bozeman - amend Section 6 of the Parks. ODen SDace and Trails (POST) Plan to satisfy the statutory reauirements for the eXDenditure of cash-in-lieu of Darkland funds (P-9829) This was the time and place set for the public hearing on a Master Plan Amendment, under Application No. P-9829, to amend Section 6 of the Parks, Open Space and Trails (POST) Plan to satisfy the statutory requirements for the expenditure of cash-in-lieu of parkland funds. Mayor Stiff opened the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission continue the public hearing to December 21, to give the City-County Planning Board an opportunity to forward a recommendation. 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 hearina - Variances from Sections 18.20.030.B. and 18.50.110.A.. Bozeman Municical Code, to allow width of each townhouse lot. measured at setback line. to be less than reauired 30 feet and lot frontage to be less than reauired 25 feet on Lot 47. Bridaer Creek Subdivision. Phase I (2404 Par Court) (P-9848) This was the time and place set for the public hearing on variances from Sections 18.20.030.B. and 18.50.11 O.A., Bozeman Municipal Code, as requested by Morrison-Maierle for David Veeder under Application No. P-9848, to allow the width of each townhouse lot, as measured at the setback line, to be less than the required 30 feet and to allow the lot frontage to be less than the required 25 feet on Lot 47, Bridger Creek Subdivision, Ph'ase I. The subject . property is more commonly known as 2404 Par Court. Mayor Stiff opened the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the public hearing be continued to December 7, 1998. The motion carried by the following Aye 11-02-98 - 37 - and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Public hearing - Amended Dreliminary Dlat for Lot 47. Bridaer Creek Subdivision. Phase I - Morrison-Maierle for David Veeder - subdivide O.61-acre lot into four townhouse lots (2404 Par . Court): variances from Sections 16.14.020.H and 16.14.020.F.. Bozeman MuniciDal Code. to allow townhouse lot frontaae of less than 30 feet and to allow deDth of lot to be greater than three times average width of lot (P-9848) This was the time and place set for the public hearing on the amended preliminary plat for Lot 47, Bridger Creek Subdivision, Phase I, as requested by Morrison-Maierle for David Veeder under Application No. P-9848, to subdivide a 0.61-acre lot described as Lot 47, Bridger Creek Subdivision, Phase I, into four townhouse lots. In conjunction with this application are requested variances from Sections 16.14.020.H and 16.14.020.F., Bozeman Municipal Code, to allow townhouse lots with a lot frontage of less than 30 feet and to allow the depth of the lots to be greater than three times the average width of the lots. The subject property is more commonly known as 2404 Par Court. Mayor Stiff opened the public hearing. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the public hearing be continued to December 7, 1998, to give the Planning Board an opportunity to forward a recommendation. 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. Public hearing - COA with deviations from Sections 18.50.050.C.. and 18.50.050.F.1.. Bozeman MuniciDal Code. to allow new aaraae to exceed heiaht of DrinciDal residence by aDDroximately 3 feet and to allow accessory structure to encroach 7 feet into reauired 10-foot rear yard setback on lots 17-18. Block 11. Fairview Addition - Cecily and Thomas Johnson. 708 South Grand Avenue (Z-98181) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviations from Sections 18.50.050.C. and 18.50.050.F.1. of the Bozeman Municipal . Code, as requested by Cecily and Thomas Johnson under Application No. Z-98181, to allow a new garage to exceed the height of the principal residence by approximately 3 feet and to allow an accessory structure to encroach 7 feet into the required 10-foot rear yard setback on Lots 17 and 18, Block 11, Fairview Addition. The subject property is more commonly known as 708 South Grand Avenue. 11-02-98 - 38 - Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, an existing garage is to be replaced with a 30-foot by 22-foot, two-car, 1 %-story garage. He noted that the new garage will be 21 feet in height, which is . approximately three feet higher than the existing principal structure. He also noted that the garage will encroach seven feet into the required 10-foot rear yard setback. The Historic Preservation Planner stated that staff has reviewed this application in light of the criteria established in the Bozeman Municipal Code, and staff's comprehensive findings are contained in the written staff report. He then stated that, following review of the application, staff has forwarded a recommendation for approval, subject to the two boilerplate conditions. Mr. Tom Johnson, applicant, stated that the requested deviations will result in an appearance similar to other garages in alleyway. He stressed that the new garage will be adjacent to the alley and will be no higher and no bigger than the other garages. 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 Certificate of Appropriateness with deviations from Sections 18.50.050.C. and 18.50.050.F.1. of the Bozeman Municipal Code, as requested by Cecily and Thomas Johnson under Application No. Z-98181, to allow a new garage to exceed the height of the principal residence by approximately 3 feet and to allow an accessory structure to encroach 7 feet into the required 10-foot rear yard setback on Lots 17 and 18, Block 11, Fairview Addition, 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 Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. 11-02-98 -----. - - . -. - 39 - Continued Dublic hearina - Variance from Section 18.50.120.F.. Bozeman MuniciDal Code. to allow for reduction in reauired Darkina SDaces for a two-familv dwellina on Lot 1. Block 14. Normandv Rearranaement of Blocks 11-14. inclusive and 19-22. inclusive. West Side Addition. from four on-site SDaces to two on-site SDaces - Gerrv and Ella Hi9ains. 503 South 13th Avenue (C-9811) This was the time and place set for the continued public hearing on the variance from . Section 18.50.120.F. of the Bozeman Municipal Code, as requested by Gerry and Ella Higgins under Application No. C-9811, to allow for a reduction in the number of required parking spaces for a two-family dwelling on Lot 1, Block 14, Normandy Rearrangement of Blocks 11 through 14, inclusive, and Blocks 19 through 22, inclusive, West Side Addition, from four on- site spaces to two on-site spaces. The subject property is more commonly known as 503 South 13th Avenue. Mayor Stiff reopened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that the requested variance is to allow reduction of parking spaces from four to two on-site spaces for a two-family dwelling. He stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court, and the staff's comprehensive . findings are contained in the written staff report which has been submitted to the Commission. He briefly reviewed those findings, concluding that staff supports a partial reduction in parking spaces, from four spaces to three spaces. He noted that, in light of the fact that staff's recommendation is different from the applicant's request, staff is recommending a condition that requires the submittal of a revised site plan to include on additional on-site parking space. The Historic Preservation Planner stated that staff recognizes the applicant's hesitance to meet the full off-street parking requirements because it would result in destroying mature vegetation and, thus, affect the character of the property. He then noted that no public comment has been received regarding this application. The Historic Preservation Planner forwarded staff's concern that approval of this application could set a precedent that might be unfortunate in the future. He noted that is one . reason the staff has recommended the reduction of only one parking space instead of the requested two spaces. Mr. Gerry Higgins, applicant, noted that the area in which he lives allows duplex development. He stated, however, many single-family houses in the area are rented to college students, which can have a significant impact on the parking in the area. 11-02-98 - 40 ~ Mrs. Ella Higgins, applicant, showed the Commissioners some pictures of how nice the site looks at the present time. She stated they have a land yacht parked on the side of their house, and they still have room for five cars. She then stated there are few cars parked on the street in this area, which is too far from the University for people to park and then walk to . campus. She concluded by encouraging the Commission to look at the total picture. Mr. Gerry Higgins stated that, since their property is a corner lot, they have five spaces on the West Story Street side and two spaces on the South 13th Avenue side, so they have a total of seven on-street parking spaces adjacent to their lot. He characterized this as being significantly different from a GO-foot-wide interior lot that may have two parking spaces in front of it. Mrs. Higgins noted the Planning staff has suggested that one more on-site space be provided. She encouraged the Commissioners to also consider the benefit of keeping as much of the site green as possible. She stated that adding one more on-site parking space will result in the removal of a portion of the hedge and replacing some of the lawn with gravel or asphalt, and she feels that is not necessary in light of the adequate parking that already exists. . Historic Preservation Planner noted that the removal of mature landscaping is not considered a hardship unique to the property, especially since virtually every property in the area has mature vegetation. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Commissioner Rudberg stated that, if asked to choose between vegetation and asphalt, she would choose vegetation. She also noted that, since this is a corner lot, the need for on- site parking isn't as critical. Commissioner Frost stated his support for the compromise proposed by staff, stating he feels it meets the criteria established by the Montana Supreme Court. Commissioner Youngman stated her concurrence with Commissioner Frost's comments. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the . Commission approve the variance from Section 18.50.120.F. of the Bozeman Municipal Code, requested by Gerry and Ella Higgins under Application No. C-9811, by allowing for a reduction in the number of required parking spaces for a two-family dwelling on Lot 1, Block 14, Normandy Rearrangement of Blocks 11 through 14, inclusive, and Blocks 19 through 22, 11-02-98 - 41 - inclusive, West Side Addition, from four on-site spaces to three on-site spaces, subject to the following condition: 1. Prior to final approval of required building permits, the applicant shall provide a revised site plan for the review and approval of the Planning Department. . a. Said site plan shall indicate the location of one additional on- site parking space that is nine (9) feet by eighteen (18) feet in dimension. b. Said parking space shall not protrude over property lines, nor be located within any required front or side yard, and shall in other ways comply with the provisions outlined in Section 18.50.120 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. Continued Dublic hearina - Variance from Section 18.50.030.0.1" Bozeman MuniciDal Code. to allow construction of a 4.000-sauare-foot Chamber of Commerce buildina on an artificial lot in the NEY4. Section 2. T2S. R5E. MPM. Drior to installation and utilization of central water and sanitary sewer systems (southeast corner of Baxter Lane and North 19th Avenue) - CaDe- France. Inc. (C-9810) . This was the time and place set for the continued public hearing on the variance from Section 18.50.030.0.1. of the Bozeman Municipal Code, as requested by Cape-France, Inc., under Application No. C-9810, to allow the construction of a 4,OOO-square-foot Chamber of Commerce building on an artificial lot in the Northeast one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, prior to the installation and utilization of central water and sanitary sewer systems. The subject property is more commonly located at the southeast corner of the intersection of Baxter Lane and North 19th Avenue. Mayor Stiff reopened the continued public hearing. Senior Planner Dave Skelton presented the staff report. He stated that under this requested variance, construction of the building could be undertaken prior to completion of the . water and sewer systems. He reminded the Commission that the subject 1-acre parcel is located at the southeast corner of the intersection of Baxter Lane and North 19th Avenue, and is an artificial lot which will later become one lot of the four-lot minor subdivision of StoneRidge No.2. He noted that conditional approval of the minor site plan for the new Chamber of Commerce building has been granted, and one of the conditions of that approval is the 11-02-98 - 42 - installation of infrastructure prior to filing of the plat and obtaining a building permit. He noted that a 24-inch sewer main is currently located in Baxter Lane and a 12-inch watermain is currently being installed to the property. Senior Planner Skelton stated that staff has reviewed this application in light of the three . criteria established by the Montana Supreme Court, and the comprehensive staff findings are contained in the written staff report. He stated that, since the infrastructure is so near completion and because of the short-term nature of the variance, staff has found it would not be contrary to the public interest. He noted that this variance would serve as an interim measure to allow the issuance of a building permit to begin construction prior to the end of this construction season, while the infrastructure is being completed; and it will be in place, inspected and certified prior to final plat approval. He then stated that, at the present time, groundwater is being pumped to keep the water table low enough to pour the footings and foundation. He noted, once again, that the requested variance is for a temporary situation and, on that basis, staff feels the variance is appropriate. He noted that a significant portion of the infrastructure is complete, and it will benefit this entire portion of the community and not just . this parcel when completed. Mr. Lowell Springer, representing applicant, noted that at the public hearing two weeks ago, he submitted the applicant's responses to the criteria. He characterized the improvements which Cape/France is making to this area as a generous contribution to the community. He noted that they have been involved in development of the entryway corridor guidelines and have been involved in extending waterlines to this portion of the community, which is located in the solvent site plume. He stated that the waterline is current extended to the north side of this property and recognized that the crew could stop construction and pressure test the line at any time. He stated, however, that by doing that, they jeopardize completion of the line prior to bad weather. He characterized that issue as one of the hardships. Mr. Springer stated the Mr. Cape has also committed to, and been the impetus for, a . program to improve North 19th Avenue from Durston Road to Baxter Lane, at an estimated cost of $705,000, to make the roadway safer. He stated that, without the building permit for the Chamber of Commerce building, he cannot get other agreements in place that are needed for continuing this project, and that could affect financing of the project. He concluded by 11-02-98 - 43 - saying that the Chamber of Commerce needs a home, and encouraged the Commission to approve the variance. Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, stated that they have sold their building on East Main Street, and the new owner would like to take . possession as quickly as possible. He noted that the Chamber has greeted customers in the same 1 ,400-square.foot building for the past twenty years. He also noted that the Chamber now has eight staff people, and the demands on their services have grown with the community. Mr. Smith stated it is important to expedite the safety improvements to North 19th Avenue. He then indicated that, if this were early summer, he would not seek a variance; however, he is concerned that if construction is not undertaken quickly, it will not be undertaken until spring. Mr. Ken Walker, Walker Construction, stated he is ready to pour footings and would like to do so before it turns cold. He noted that the pumps are currently running to keep the water down so they can pour the footings and foundation. He indicated that when it turns cold, the . ground will freeze and they will have to wait until spring to pour. Mr. Lowell Springer stated that if the concrete is not poured this fall, with the high water table in the area, it is possible that the fill will need to be redone next year before the footings and foundation can be poured. Responding to Commissioner Frost, Mr. Springer stated the safety improvements to North 19th Avenue include five lanes, all directional indicators, curbs, a center median where necessary and traffic signals. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Break - 9:03 to 9:10 D.m. Mayor Stiff declared a break from 9:03 p.m. to 9: 1 0 p.m., in accordance with . Commission policy. 11-02-98 - 44- Continued Dublic hearing (continued) - Variance from Section 18.50.030.D.1.. Bozeman MuniciDal Code. to allow construction of a 4.000-sauare-foot Chamber of Commerce buildina on an artificial lot in the NE%. Section 2. T2S. R5E. MPM. Drior to installation and utilization of central water and sanitary sewer systems (southeast corner of Baxter Lane and North 19th Avenue) - CaDe-France. Inc. (C-981Q) Commissioner Youngman recognized that there are physical constraints on this site . which make it different from the- similar application for the Holiday station. She noted that those include the high groundwater and the fact that this site is located within the solvent site plume. She then stated that, based on the hardships which have been identified and the public safety issues, she feels that this application meets the criteria established by the Montana Supreme Court. Commissioner Rudberg stated her support for the requested variances, noting that the plume is one of her biggest concerns. Commissioner Frost stated that he will support the requested variances, noting he feels there are sufficient grounds upon which to base it. He then suggested that a zone code change be considered to alleviate this type of situation and variance request, which seems to be generated by then impending winter weather. . Senior Planner Skelton stressed the importance of recognizing that concrete may be poured year round. He then cautioned against considering an amendment to the code to accommodate this type of issue. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the variance from Section 18.50.030.0.1. of the Bozeman Municipal Code, as requested by Cape-France, Inc., under Application No. C-9810, to allow the construction of a 4,000-square-foot Chamber of Commerce building on an artificial lot in the Northeast one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, prior to the installation and utilization of central water and sanitary sewer systems, subject to the following conditions: 1. That the applicant obtain final site plan approval from the Planning Director . prior to obtaining a building permit to proceed with the project; 2. That the applicant execute a Hold Harmless Agreement with the City of Bozeman releasing the City from any responsibility or liability from proceeding with the project prior to installation and utilization of municipal infrastructure; and 3. That the municipal infrastructure required to service the project will be installed, certified, inspected and accepted by the City of Bozeman prior to occupancy of said structure. 11-02-98 - 45 - 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 - Variance from Section 18.65.190.D. Bozeman MuniciDal Code. to allow existina sianaae to remain on Lots 11-18. Block 2. Northern Pacific Addition. and a Dortion of vacated Switzler Avenue - Story Distributing for Story Exxon. 1211 East Main Street (C-9813) This was the time and place set for the public hearing on the variance from Section 18.65.190.0., Bozeman Municipal Code, as requested by Story Distributing for Story Exxon under Application No. C-9813, to allow the existing signage to remain on Lots 11 through 18, Block 2, Northern Pacific Addition, and a portion of vacated Switzler Avenue. The subject property is more commonly known as 1211 East Main Street. Mayor Stiff opened the pUblic hearing. Associate Planner John Sherman presented the staff report. He stated that under the requested variances, the existing non-conforming signs would remain on this site, which is located in the East Main Street entryway overlay corridor. He noted that structural . modifications have been proposed to the gas pump canopy, because of federal requirements mandating the replacement of the existing fuel tanks. He noted the applicant is also proposing site modifications, including additional parking, landscaping and entrances, which have triggered the minor site plan review and Certificate of Appropriateness processes. The Associate Planner stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court for consideration of variances. He noted that the existing signage on the building is in compliance with the zone code; however, the two freestanding signs on the western property line and the eastern property line are not in compliance. He noted that the sign on the eastern property line is 40 feet tall and contains 188 square feet, and the sign on the western property line is 16 feet tall and contains 53 square feet. He reminded the Commission that only one freestanding sign is allowed per lot and . indicated that neither freestanding sign complies with the sign code. He then noted that the existing placard signs and banners also do not comply with the sign code. Associate Planner Sherman briefly reviewed the staff findings contained in the written staff report, forwarding staff's conclusion that the application does not meet the criteria contained in the zone code. He noted that, since the subject property is located in the 11-02-98 . - ------.----- - 46 - entryway overlay corridor, the applicant could seek a deviation of up to 20 percent for the signage. Mr. Lowell Springer, representing applicant, stated that the applicants have been working with various City departments to gain the approvals needed to complete the replacement of the . fuel tanks as mandated under federal regulations. He stressed that, if the applicants had not been required to remove the fuel tanks and lines, the existing signage would have been allowed to remain. He then stated that the placards and banners are not part of the variance request and will be removed. He noted that once the tanks were removed, the applicants found they needed to take down the canopy because it was located over the pumps and lines and, because it was so old and outdated and no longer meets standards, it had to be replaced. Mr. Springer stated it will be difficult for this gas station to compete if they are required to replace the signs. He concluded by encouraging the Commission to allow this business to compete on an equal basis at this location. Responding to Mayor Stiff, Mr. Doug Alexander, President of Story Distributing, estimated the cost of the tanks, lines, pumps and detectors at $195,000. He also noted that, . since the canopy was old and smaller than the company's standards, he is being required to replace it, and the costs of the landscaping, parking spaces and entrance are in addition to that. He stated that under the federal mandates, all fuel tanks must be upgraded by December 22, 1998, and he has been working on this process for three years. He noted that when they did the work, he found a lot of the existing lines were built into the islands and the canopy base structure, necessitating the removal of the canopy. He then stressed that, if the EP A guidelines had not required the replacement of the underground tanks, the remainder of the issues would not exist. Responding to Commissioner Rudberg, Associate Planner Sherman stated that, in conjunction with the replacement of the tanks, the applicant has proposed a larger canopy and additional parking and an additional access to the site, which have triggered the Certificate of . Appropriateness process. Commissioner Rudberg expressed concern that federal mandates have resulted in the need to seek this variance for signage. Mayor Stiff characterized the requirement to replace the fuel tanks as an unfunded mandate. 11-02-98 - 47 - Commissioner Frost reminded the Commission that, while the gas station across the street may have an unfair advantage for a while, as soon as they do any site improvements, they will also be required to come into compliance with the sign code. He noted that the amortization schedule in the initial zone code would have resulted in a more level playing field . for business owners as signs were brought into compliance; however, he suggested that the sign across the street will probably need to be brought into compliance within a short period of time because of new site improvements. He recognized the applicant's arguments for retaining the existing signage; however, he stated this application does not meet the criteria for approval of a variance. Mayor Stiff stated he does not believe it is appropriate to require that the signage be brought into compliance simply because the applicant was reacting to a federal mandate. He noted that only one additional diesel pump is being installed, and he does not view that as enough to trigger bringing the signage into compliance. Responding to questions from the Commissioners, Assistant Planning Director Debbie Arkell stated that the zone code allows for repair and replacement of existing facilities, which . means the canopy could have been removed, the tanks removed and replaced and the canopy put back or replaced without triggering a site review. She stressed that as long as the new canopy was not more than 20 percent larger and as long as no hazardous situations were triggered, no site review would be required. Mr. Doug Alexander stressed that, under the EPA requirements adopted in 1988, the tanks must be in compliance with the new regulations or the station is out of business. He stated that when the canopy, which was installed in 1970, was removed, it was found too unstable to put back up, and he recognizes the visual benefits of a newer, more updated canopy. He reiterated that, without the federal mandates and company requirements, he would not have been required to submit this application. Responding to Commissioner Frost, Associate Planner John Sherman stated that several . conditions were required in conjunction with prior renovations to the building, and not all of those conditions were met. He noted that the applicant is now seeking other site improvements which trigger the site review process. Mr. Springer stated that the parking area and access have been used for quite some time 11-02-98 ..-------- .. - 48 - in an unimproved state, and the applicant is proposing to improve them in conjunction with this project. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Mayor Stiff stated he feels this application meets the criteria for a variance and, on that . basis, he will support it. Commissioner Smiley stated she does not view this property as competing with The Store across the street because of the sandwich shop and liquor store. She then characterized the existing sign as being a "ratty mess", particularly since it has often been broken in the past; however, she recognized that the site looks better than it has for several years. She encouraged the applicant to lower the freestanding sign, stating she feels it will be more attractive. Commissioner Frost stated he does not believe this application meets the three criteria and, therefore, cannot support it. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the variance from Section 18.65.190.0., Bozeman Municipal Code, as . requested by Story Distributing for Story Exxon under Application No. C-9813, to allow the existing signage to remain on Lots 11 through 18, Block 2, Northern Pacific Addition, and a portion of vacated Switzler Avenue. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No being Commissioner Frost and Commissioner Smiley. Public hearing - variances from Sections 18.50.120.8.7 and 18.50.120.8.11.. to reduce parking surfacing and curbina reauirements on property located in the NE%. Section 15. T2S. R5E. MPM - Allied Enaineerina for Richard Kountz (Z-98156) This was the time and place set for the pUblic hearing on variances from Sections 18.50.120.B.7 and 18.50.120.B.11 of the Bozeman Municipal Code, as requested by Allied Engineering for Richard Kountz under Application No. Z-98156, to reduce the parking surfacing . and curbing requirements on property located in the Northeast one-quarter of Section 15, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly known as 8606 Huffine Lane. Mayor Stiff opened the public hearing. 11-02-98 -.-.-.---- - 49 - Assistant Planning Director Debbie Arkell presented the staff report. She stated the applicant is seeking two variances in conjunction with a conditional use permit, which is the subject of the next public hearing. She noted that one variance is from Sections 18.50.120.8.7 and 18.50.120.8.11., to eliminate the parking lot surfacing and curbing . requirements in the staging area between the existing building and the proposed new 4,000- square-foot building which is to serve as a transfer station; and the second variance is from Section 18.50.120.8.11., to not require continuous curbing around the newly paved driveways and parking area in front of the existing building. The Assistant Planning Director stated the applicant has indicated that the staging area between the buildings is not accessible to the public, and he is concerned that the large, heavy trucks will destroy paving as they maneuver into the building. She stated he is also requesting that concrete wheel stops be allowed at the parking spaces in the front since the water currently sheets off the parking lot and provides irrigation for the landscaping in front of this business. The Assistant Planning Director stated that staff has reviewed this application in light of . the three criteria established by the Montana Supreme Court, and staff's comprehensive findings are contained in the written staff report. She reviewed those findings, stressing that the Commission must ensure the substantial protection of the public health, safety and welfare when considering variances. The Assistant Planning Director briefly reviewed the staff findings, stating that staff can support the requested variance from paving and curbing the staging area between the two buildings because it is not open to the public. She noted that, in reviewing this application, she found references to case laws which indicate it is appropriate to consider a use when considering a variance. She stated that in this instance, the property is in an agricultural area and, in fact, the subject site is on a 280-acre farming site. She then indicated that staff cannot fully support the applicant's request for no curbing around the paved parking area in the front. . She suggested that, if the Commission chooses to approve it, it be with the requirement that a concrete header be provided. City Attorney Luwe requested that the Commission include a condition that ties these requested variances to the conditional use permit that will be considered in the next agenda item. 11-02-98 -------- ~ 50 - Mr. Doug Chandler, consulting engineer representing the applicant, briefly reviewed the site plan, noting that the applicant generally concurs with the staff report as submitted. He noted that in front of the existing building, there is a large depression into which the stormwater runs and into which snow is plowed in the winter. He expressed concern that if . curbing is required, it will be extremely difficult to plow the snow into that area. He also noted that the large brick planters which exist along the edge of the parking area will delineate the edge of the pavement. He then indicated they would not object to a flat curb, as suggested by staff. Responding to Commissioner Rudberg, Mr. Chandler stated that the garbage trucks can use either driveway to access the site. Responding to Commissioner Frost, Mr. Chandler stated that the heavy trucks currently use the site behind the building, which is graveled, and they have not encountered any problems to date. He stated, however, that when making tight turns on hot summer days, there is a strong potential that paving would be torn up. Mr. Dick Kountz, applicant, indicated that he has used this site for the past thirty years. . He stated that he hauled in six loads of gravel after the original base was developed. He also noted that, with the fill he has brought in, the building and the site are high enough to promote good run-off. He then indicated he has no objection to installing flat curbs around the paved area. Responding to Commissioner Frost, the Assistant Planning Director stated that concrete headers or rolled curbs can be used in areas for snow removal or drainage, as approved by the City Engineer. Responding to Commissioner Rudberg, Mr. Dick Kountz stated that all loads going to and from the site will be fully enclosed. Responding to Commissioner Frost, the Assistant Planning Director confirmed that it is . possible to approve one portion of the variances and not all of the requested variances. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Commissioner Frost stated he feels the first variance meets the criteria but the second variance, as requested, does not. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the variances from Sections 18.50.120.8.7 and 18.50.120.8.11 of the 11-02-98 - 51 - Bozeman Municipal Code, as requested by Allied Engineering for Richard Kountz under Application No. Z-98156, to reduce the parking surfacing and curbing requirements on property located in the Northeast one-quarter of Section 15, Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: . 1. If the area between the two buildings is paved in the future, plans must be submitted to and approved by the City Engineer to ensure that the pavement and perimeter curbing are completed as required by Section 18.50.120.B. of the Bozeman Municipal Code. 2. If perimeter curbing is not required in the front parking area, wheel stops shall be provided in front of each parking space, and the asphalt along the perimeter of the lot shall be protected with a concrete header. 3. If the conditional use permit which is the subject of the next public hearing is not approved or if the use lapses, then the approval of these variances shall be terminated. 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 - Conditional Use Permit - Allied Enaineering for Richard Kountz - allow eXDansion of existina non-conformina use for solid waste transfer station on Dropertv located in the NE%. Section 15. T2S. R5E. MPM (8606 Huffine Lane) (Z-98156) This was the time and place set for the public hearing on the Conditional Use Permit, as requested by Allied Engineering for Richard Kountz under Application No. Z-98156, to allow the expansion of an existing non-conforming use on property located in the Northeast one- quarter of Section 15, Township 2 South, Range 5 East, Montana Principal Meridian, to include a solid waste transfer station. The subject property is more commonly known as 8606 Huffine Lane. Mayor Stiff opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She stated this application is for a Conditional Use Permit to expand an existing non-conforming use in an . "AS", Agricultural Suburban, zoning district. She noted that this application is for the construction of a 4,028-square-foot metal building to house a solid waste transfer station which is to be used solely by the applicant. She noted that under this proposal, garbage trucks will dump the garbage onto a concrete floor, where it will be compacted and loaded into a larger truck for hauling to the landfill. 11-02-98 - 52 - The Assistant Planning Director stated that the City-County Planning Board conducted its public hearing at the October 20 meeting. Following the public hearing, consideration of the criteria for review of conditional use permits, consideration of the staff report and public comment, the Planning Board forwarded a recommendation for approval, subject to twelve . conditions. She then indicated that staff has also reviewed the criteria for expansion of a non- conforming use, and has found that this is a natural, healthy expansion of an existing business. She then asked that Condition No.6 be modified, in light of the Commission's action on the previous agenda item. Mr. Doug Chandler, consulting engineer, forwarded his concurrence with the staff report and recommendations. 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 Conditional Use Permit, as requested by Allied Engineering for Richard Kountz under Application No. Z-98156, to allow the expansion of an existing non-conforming use on property located in the Northeast one-quarter of Section 15, Township 2 South, Range . 5 East, Montana Principal Meridian, to include a solid waste transfer station, subject to the following conditions: 1. Seven copies of the final site plan showing how all conditions of approval will be addressed must be submitted to the Planning Office within six months of final approval of the application. An Improvements Agreement must be signed by the applicant prior to final site plan approval, and a building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. A building permit will not be issued until the final site plan is approved. If occupancy of any structure within any phase is to occur prior to completion of all required improvements, the Improvements Agreement shall be financially guarantee as outlined in the zone code. 2. The final site plan shall conform to all requirements of the zone code, be adequately dimensioned, and in addition to the information shown on the preliminary plan, shall show the following: a. Sheet 1 of 4 must better show existing versus proposed new landscape. The METHOD of landscape irrigation must be . i nd icated . A detail of the 8-foot high chain link fence must be provided. b. c. The final color of the new structure. The color of the new structure shall be similar to the existing structure. 3. A copy of the Montana Department of Environmental Quality Class II Transfer Station license must be submitted to the Planning Office prior to commencement of the use. 11-02-98 ---..-.-.....--....-- .--.-.. ------- - 53 - 4. Prior to approval of the final site plan, the applicant shall demonstrate to the City Engineering Department, that he has contacted and is in compliance with the Montana Department of Environmental Quality Permitted and Compliance Division Storm Water Control and Permitting Program. If this is a categorical facility, DEQ will take the primary role in storm water control. If the facility is not rated as a categorical facility, then a Stormwater Drainage Plan/Treatment Plan and Maintenance Plan for a . system designed to remove solids, silt, oils, grease and other pollutants from the run-off 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), stormwater detention/retention basin details (including basin sizing and discharge calculation 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. The stormwater drainage/ treatment plan shall include a Maintenance Plan which shall include the following: description of maintenance operations, frequency of inspections and maintenance, responsible parties, and record keeping methodology. 5. The applicant shall sign and file with the County Clerk and Recorder's Office, a waiver of right to protest creation of special improvement districts/rural improvement districts for street improvements to Huffine Lane, including curb/gutter, sidewalk and storm drain facilities, unless currently filed with the property. The document shall specify that in the event and SID/RID 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. 6. Since a variance has been granted by the City Commission, the entire staging area shall be graveled and the parking lot shall be paved, with a concrete header around the entire paved parking lot. These improvements shall be adequately identified on the final site plan, including typical curb details (i.e., raised and/or drop curbs). 7. The floor plan submitted with the final site plan must eliminate the reference to the floor drain, as the new structure will be a "dry shop" and will not have a floor drain. 8. The transfer station shall meet the requirements of the Rae Fire Department in one of the following two ways: a. Provide a fire protection water source of capacity (1500 gallons per minute for 120 minutes), location, and configuration to be approved by the Rae Fire Department, and compliant with applicable Building and Fire Codes and standards, and an easement, approved by the Rae Fire . Department, regarding all current and future fire protection water sources and features (wells with pumps, etc.) granting permission, in perpetuity, for unlimited use of the water source(s) . Buried fire protection water tank or tanks (with approved pump(s) and roadway access) , the capacity, location, and configuration to be approved by the Rae Fire Department may be used as an alternative fire protection water source. This option requires a owner provided feasibility study, approved by the Rae Fire Department, to assure that any planned fire protection water source or 11-02.98 ---- ---..- - 54 - feature, water delivery mechanism, and roadway access will perform to the requirements of the Rae Fire Department; and Provide a fire sprinkler system installed in the proposed transfer station. All fire sprinkler systems installed in the building shall be designed, installed and maintained in accordance with the current, applicable edition of the Uniform . Fire and Building Codes and National Fire Protection Association Standards. The property owner shall be responsible for the condition of the fire sprinkler system and shall keep the system in normal operating condition. b. A combination of fire protection systems, approved by the Rae Fire Department. Water sources, wells with pumps, draft sites, hydrants, access roadways, and other fire protection equipment and features required shall be installed and operational prior to issuance of a building permit for the new structure. Fire protection water sources required shall be subject to periodic tests as required by the Rae Fire Department. All such equipment, sources, and features shall be maintained in an operative condition at all times and shall be repaired or replaced when defective. Additions, repairs, alterations, and servicing shall be in accordance with approved standards. 9. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the CUP procedure. 10. All of the special conditions shall constitute restrictions running with the . land use, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to issuance of any building permits, final site plan approval or commencement of the conditional use. 11. All conditions specifically applied to this project shall apply and be adhered to by the owner of the land, successors or assigns. 12. All of the conditions applied to this project shall be consented to in writing by the applicant. 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 - FYI Items (continued) (13) Assistant Planning Director Debbie Arkell reminded the Commission that the . Planning Office will be closed on Thursday and Friday, as they move into their newly completed offices. Adiournment - 10:30 D.m. There being no further business to come before the Commission at this time, it was 11-02-98 - 55 ~ 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. . rC2~L~ ~ ~D . STIFF, - aVor ATTEST: ~.L:V~ Clerk - of the eoinm~n- - ., ". ..~--- , - - ~ . - -,. --.. - - _.'- -- ~ - .~~_.--_.-~---- -- . .- "'---~-~_...<- ;~" ~.- , . ~ ... . . 11-02-98 -.------... - ,..---------