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HomeMy WebLinkAbout1998-09-08 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 8, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 8, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Avril 6. June 1. June 8. June 15. June 29. Auaust 17. August 24 and Auaust 31 , 1998 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the . minutes of the meetings of August 17, August 24 and August 31, 1998, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Mayor Stiff deferred action on the minutes of the meetings of April 6, June 1, June 8, June 15 and June 29 to a later date. Commissioner Smiley noted that the minutes of August 31 do not reflect that she and County Commissioner Bill Murdock volunteered to serve on a committee to review the interlocal agreements in which both entities are involved. Commissioner Rudberg stated that she and Commissioner Youngman, as well as . County Commissioner Olson, also indicated a willingness to serve on the committee. Proclamation - "Alcohol and Drua Addiction Recoverv Month" - SeDtember 1998 Mr. Roger Curtis, Executive Director of the Alcohol and Drug Services, noted that one important activity of their organization is treating alcohol and drug addiction and assisting 09-08-98 -- ---------.------- . . - - n_._.____ - 2 - people in rehabilitating their lives, thus making the community a safer place in which to live. He indicated that an educational advertising campaign will be undertaken, to make people aware of the effectiveness of substance abuse treatment. He noted that prevention is also an important component in substance abuse, and educational efforts will also be targeted toward . that element. He then identified several organizations who concentrate on that aspect of the program. He concluded by asking that the Commission approve the proclamation. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission concur in the Mayor's proclamation of September as "Alcohol and Drug Addiction Recovery Month". 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. Authorize and direct staff to eroceed with Detition tor declaratorv iudament tor right-ot-wav for West Babcock Street between West Main Street and Vallev Unit Subdivision City Manager Johnson stated that this item has been placed on the agenda as a result . of last week's joint work session with the County Commission, noting that this provides an opportunity for the Commission to give staff specific direction. Mrs. Judy Worley, 2813 West Babcock Street, stated that 21 owners of county property along West Babcock Street have expressed deep concern over the proposed improvement project. She stated they are concerned about the entire scope of the project, although they understand the need for improving the roadway. She recognized that the City and the County have several options for acquiring the needed right-of-way for the project, including: (1) declare the scope and need of the project and make a fair and reasonable offer of compensation for the land needed; and (2) file a quiet title action to acquire the land without compensation. She encouraged the Commission to make a fair and just offer and, if that is not successful, then proceed through the condemnation process. She expressed an interest in . seeing the project move forward in a timely manner, recognizing that an improved roadway is in the best interests of the community. She asked that the residents along the roadway not be required to bear the entire burden of the right-of-way costs for westward expansion of the city. 09-08-98 --- ---- _ -... .-..-.......--.--- - 3 - Mrs. Worley asked that the Commission consider who owns the present road, noting that she and her husband have paid taxes on 3/4 of the width of the road in front of their home for nearly thirty years. She concluded by reiterating her interest in being fairly and justly compensated for the private property required to improve the roadway. . City Attorney Luwe noted that he was not present at last week's meeting. He stated that under this agenda item, the Commission is to decide on whether to direct staff to proceed with a declaratory judgment to determine the road by use. He stated this step is not inconsistent with what the Commission has previously said and, once the width of the road by use has been established, the City and the County would then need to go back to the property owners and negotiate for the additional right-of-way needed for the project. He noted that if those negotiations fail, condemnation is the next step. Responding to questions from Commissioner Frost, City Attorney Luwe confirmed that once the right-of-way has been identified by the Court, it may be necessary to acquire additional right-of-way. He then noted that, while there is adequate right-of-way adjacent to most of the city properties, the right-of-way adjacent to county properties is where the . problems generally lie. He noted that is why the County Attorney's office has proceeded with the petition to be filed with the Court. Commissioner Frost noted that at last week's meeting, the County Commissioners indicated that once the Court has established the legal width of the road, they intend to work within that width and impact the neighbors to the minimum extent possible. Responding to Mayor Stiff, the City Attorney confirmed that if any additional steps in right-of-way acquisition are necessary after the Court has determined the right-of-way, this matter will be brought back to the Commission for additional action. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct staff to proceed with the declaratory judgment for the right-of- way for West Babcock Street from West Main Street to Ferguson Avenue. 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. 09-08-98 - 4 - Authorize and direct staff to proceed with acauisition of right-of-way through Pea Cannery DroDerty for East Oak Street City Manager Johnson stated that this item was also placed on the agenda as a result of last week's work session with the County Commission, and asked that the Commission . provide direction to the staff. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission authorize and direct staff to proceed with acquisition of the right-of-way through the Pea Cannery property for the construction of East Oak Street. 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. Bridaer Peaks Town Center - Grant Creek Partners for PhiliD Saccoccia. Jr. - Conditional Use Permit for Planned Unit DeveloDment for develoDment of 42.24 acres known as Tracts 4A and 4B. COS No. 1215A (Z-98113) This was the time and place set for review of the Conditional Use Permit for a Planned . Unit Development for a four-phase commercial development consisting of 13 lots and a mix of single and multiple tenant buildings on 42.24 acres known as Tracts 4A and 48, Certificate of Survey No. 1215A, as requested by Grant Creek Partners for Philip Saccoccia, Jr., under Application No. Z-98113. The subject property is more commonly located at the northeast corner of North 19th Avenue and West Oak Street. Associate Planner Chris Saunders presented the staff report. He stated that this application has been reviewed concurrently with the preliminary plat application, which is the subject of the next agenda item. He stated that, if approved, both the final plan for this Conditional Use Permit and the final plat for the subdivision will be approved concurrently to ensure that the conditions which make these two applications dependent on each other have been met. He noted that the subject property lies within the North 19th Avenue/West Oak . Street entryway corridor. The Associate Planner stated that under this application, the developer is proposing a four-phase, 13-lot commercial Planned Unit Development. He noted the application has been reviewed in light of the criteria contained in the zone code, and the staff's comprehensive findings are contained in the written staff report which has been submitted to the Commission. 09-08-98 - 5 - He indicated that the applicant is proposing extensive covenants and will provide easements to address some of the basic infrastructure concerns that have been raised. He stated the applicant is also seeking seven relaxations from the standards in the code, which include: ( 1 ) allow removal of the side yard requirement on Lot Nos. 2, 5, 8 and 11 . to permit construction of a physically continuous building complex; (2) allow access points on West Oak Street to be located less than 660 feet apart; (3) allow entrance points in Phase II along Tschache Lane to be less than 150 feet apart; (4) allow the project entrance drives on West Oak Street and North 19th Avenue to be 40 feet wide instead of the maximum 35 feet allowed; (5) allow signage to be grouped into a lesser number of freestanding signs which exceed the maximum height and square footage per sign; (6) allow reduction in the required 35-foot setback from a watercourse along Walton's Ditch; and (7) allow the issuance of building permits for a limited number of lots prior to the completion of all required infrastructure. The Associate Planner stated the applicants have been advised that improvements to . West Oak Street and North 19th Avenue, including signalization of the intersection, must be completed prior to filing of the final plan, and those improvements may be financially guaranteed. Associate Planner Saunders briefly summarized staff's findings, as found in the written staff report, stating that staff has found the application to be in general compliance with the criteria, subject to the recommended conditions. He then noted that those conditions were slightly modified by the City-County Planning Board, following its public hearing and consideration of the application at its August 18 meeting. Commissioner Frost suggested that the proposed Condition No. 26, as contained in the memo dated September 2, be revised so that the next to the last sentence reads, "Luminaires and lenses shall not be visible ... " . Commissioner Youngman noted that during review of the master plan for development of the North 19th Avenue corridor, she raised the importance of ensuring there is no adverse impact on adjacent residential neighborhoods, and this application does not address that issue. She expressed concern that, since this property is immediately north of the Covered Wagon Mobile Home Park, noise from this development could negatively impact that residential 09-08-98 .. - --- ..-.-.-..-. ---. - .-... -.-----.--. ..---. - 6 - neighborhood if the conditions of approval do not address it. She stated that all of the berming and landscaping and buffering of the subject property does not protect the residential property from the increased traffic on the street. Associate Planner Saunders stated that under the zone code, the more intensive use . bears the burden of any screening or other mitigation to protect adjacent uses. He noted that in this instance, there is a right-of-way intervening between the two uses, and the applicants have provided the required screening on their property. He noted that during review of the North 1Sth Avenue master plan, a representative from the Montana Department of Transportation stated that earth berming is the most effective means of noise screening. He then indicated that the Commission could address the issue of noise from West Oak Street in the conditions if it so chooses. Responding to Commissioner Rudberg, Commissioner Youngman recognized that the Commission cannot bind this applicant to do something on private property across the street, but she has been concerned about the impacts of a major commercial development on a long- time residential area. She suggested, however, that the applicant could be asked to work with . the property owner across the street in an effort to minimize the impacts of noise from the street. Responding to questions from Mayor Stiff, the Associate Planner suggested that Condition No. 13 could be expanded to specifically address the traffic signal at the intersection of North 1Sth Avenue and Baxter Lane as well as the intersection of North 1Sth Avenue and West Oak Street. He then indicated that conditions pertaining to increased traffic in the area should probably be addressed under the preliminary plat. Assistant City Manager Ron Brey noted that Condition No. 28 for the preliminary plat addresses the entire North 1Sth Avenue corridor and suggested that Baxter Lane should specifically be mentioned in that condition Mr. Dave Hutchinson, Grant Creek Partners, stated that he started working on . developing this subject property three years ago, and he has forwarded a plan which uses the tools the City has provided for developing along this corridor in creating a functional development. He then indicated that the plan now before the Commission is the result of working closely with the City staff. OS-08-S8 - 7 - Mr. Hutchinson noted the Commissioners have a significant amount of information before them. He indicated that the commercial development, as proposed, is creative and makes a real statement architecturally. He stated they have tried to develop a contemporary look that is attractive and desirable, using rock, brick, metal roofing and timbers as the exterior . building materials. He noted that the buildings are to be low profile, and are configured in a manner which is sensitive to the site and the surrounding area. He indicated that to accomplish the design before the Commission, several concessions have been made, including the orientations of the buildings and the locations of the accesses to the site. Mr. Hutchinson characterized the restrictive covenants for this project as unique and designed to ensure adherence to the architectural, landscaping and signage packages. He also noted that the covenants will help to ensure that his company can maintain comprehensive control over the project, even if some of the units are sold rather than leased. Mr. Hutchinson noted that the technical portion of the application is quite lengthy, and he believes it meets the requirements of the zone code as well as the entryway corridor plan. He noted that it includes landscaping and a pedestrian area along the entire North 1Sth Avenue . frontage. He indicated that the pedestrian circulation through the site will include benches. Mr. Hutchinson indicated he is not sure how to address the issue of noise from the street, particularly North 19th Avenue. He stressed that, through the use of significant berming and significant landscaping, he feels that the impacts of traffic within the development will be minimized. Commissioner Youngman stated that commercial development is not typically allowed across from residential development and suggested that the conditions be revised to state "... the developer shall contact the Montana Department of Transportation and owner of the mobile home park adjacent to this and offer to construct berming to buffer the residential development from West Oak Street. If the developer makes a good faith effort and receives letters from both parties rejecting the noise berming, staff may release him from this condition." . Mr. Hutchinson cautioned that the costs of this proposed condition could be higher than anyone might anticipate. He indicated a willingness to explore the possibility, but stated that if the costs of the off-site improvements add another $100,000 to the project, he would have a problem with it. OS-08-98 --------~ - 8 - Commissioner Rudberg stated she has a real problem with requiring a property owner to improve another person's property. She suggested, however, that if this applicant has some dirt left over, he might be willing to dump it on the other side of the street, with the owner of the Covered Wagon Mobile Home Park then being responsible for berming the dirt and . landscaping. She indicated that she lives just off North 19th Avenue and knows how noisy it is. Responding to questions regarding the zoning of the Covered Wagon Mobile Home Park, Associate Planner Chris Saunders stated it is zoned HR-3", which allows up to four-plexes and townhouse clusters. Responding to Commissioner Smiley, the Associate Planner stated that the North 19th Avenue overlay district is 660 feet from the centerline, and the setback from the property line is 50 feet along both North 19th Avenue and West Oak Street. Responding to Commissioner Frost, Mr. Hutchinson stated that, with canopies and awnings, landscaping and plantings, he hopes to create a development that is attractive and encourages pedestrian movement. . Commissioner Frost then recognized that berming along the Covered Wagon Mobile Home Park property might be expensive, but suggested that fencing could be much cheaper and still mitigate some of the noise from West Oak Street. He recognized the good job that the applicant has done on site to mitigate impacts on the property across the street. Mr. Hutchinson indicated that he will explore that possibility and quantify the costs of fencing as well as the costs of berming. Mr. Keith Belden, Morrison-Maierle, stated that when West Oak Street was built, a number of trees that screened the mobile home park were removed by the Montana Department of Transportation. He then stressed that the right-of-way for the street and the 50-foot buffer strip on the applicant's property will buffer the adjacent residential neighborhood from this commercial development. . Mayor Stiff voiced his concern about the proposed additional condition. Commissioner Youngman expressed concern that if the Commission does not ensure that the residential neighborhood is buffered from the traffic on the adjacent streets, then reduced property values or a destabilized residential area will result. She stated that, with 09-08-98 - 9 - "R-3" zoning across the street from a commercial planned unit development, it is important to find a way to make them good neighbors. Commissioner Rudberg stated she cannot support any requirement for off-site improvements. She noted that West Oak Street currently carries a significant amount of traffic, . and the installation of a traffic signal at its intersection with North 19th Avenue will result in even more traffic using the street. She then noted that the owner of the Covered Wagon Mobile Home Park previously had an opportunity to enhance his property in conjunction with the street improvements but chose not to do so. Break - 4:16 to 4:20 D.m. Mayor Stiff declared a break from 4: 16 p.m. to 4:20 p.m., in accordance with Commission policy. Bridger Peaks Town Center (continued) - Grant Creek Partners for Philip Saccoccia. Jr. - Conditional Use Permit for Planned Unit DevelODment for develoDment of 42.24 acres known as Tracts 4A and 4B. COS No. 1215A (Z-98113) . Commissioner Smiley stated she feels that under the conditions recommended by the Planning Board, the developer has been asked to do everything possible to mitigate the impacts of the development on the surrounding area. She cannot support asking the developer to put up a fence and install berming on someone else's property to mitigate noise from the street; however, she feels it would be reasonable to ask the developer to contact the owner of the mobile home park and offer him the dirt to do the berming. Responding to Mayor Stiff, Associate Planner Saunders stated the traffic study and signalization of the intersection of Baxter Lane and North 19th Avenue are addressed under the subdivision, not under this application. Commissioner Frost characterized this as an excellent proposal which reflects a lot of . thought and preparation; however, he is concerned about the precedent it might set for what has been a residential area. He noted that North 19th Avenue from the interchange to Durston Road could easily become an area for strip commercial development adjacent to existing residential development; and he is concerned about the conflicts that could arise from allowing this type of development to occur, particularly in light of the traffic volume it will generate. 09-08-98 - 10 - Commissioner Youngman stated that she, too, likes the proposal as submitted; however, approval of this application will set a precedent for commercial development abutting existing residential development that could lead to lowering property values. As a result, she cannot support the project. . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Conditional Use Permit for a Planned Unit Development for a four- phase commercial development consisting of 13 lots and a mix of single and multiple tenant buildings on 42.24 acres known as Tracts 4A and 4B, Certificate of Survey No. 1215A, as requested by Grant Creek Partners for Philip Saccoccia, Jr., under Application No. Z-98113, with the requested relaxations listed above and subject to the following conditions: 1. Prior to the approval of the final plan the land owner and developer shall sign an improvements agreement and a hold harmless agreement absolving the City of Bozeman of all responsibility relating to the development of the project concurrent with the installation of subdivision infrastructure. The City Attorney's Office shall prepare the hold harmless agreement. 2. All provisions of the subdivision and zoning regulations which are not specifically waived in the preliminary approval of the plat and plan . shall be complied with. 3. 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. This approval period may be extended by the City Commission upon request of the applicant for a period to not exceed a total of five years. The developmental guidelines and master plan for Phases 3 and 4 shall be approved for a period of five years. The approval of the guidelines may be extended upon request of the applicant to the City Commission. 4. 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 plat application shall include two signed cloth back, or equivalent, copies; two signed reproducible copies on a stable base polyester film, or equivalent; two digital copies on 3 Y:z -inch DS/DD diskettes; and five (5) paper prints. The final plan shall conform to all requirements of Section 18.54 of the Bozeman Municipal Code. . 5. The zone code requires loading facilities for all buildings over 15,000 square feet (Section 18.50.130). Only the proposed building on Lot 5 obviously indicates loading docks. The final plan shall indicate the provisions for loading facilities for the other buildings in the main building complex. 6. The pedestrian trails which intersect at North 19th Avenue and West Oak Street shall align with the existing sidewalk on the south side of West Oak Street at the point that the proposed trail intersects Oak Street. 09-08-98 ---.- .-.-- - - 11 - 7. The Planning Office will support the request to allow simultaneous construction of site improvements, infrastructure, and the buildings on Lots 2, 5, 8, and 11. The subdivision and site improvements for water, sewer, and streets will need to be financially guaranteed or constructed to allow the filing of the final plat and approval of the final plan prior to the commencement of construction on the Lot 5 building. 8. All barbed wire fences on the property shall be removed prior to final . plan approval. 9. Grading within the greenway corridors, including berms, shall be indicated in the final plan submittal with a maximum of one foot intervals between contours. 10. The bridge between Phases 1 and 3 shall include a dedicated pedestrian lane. 11 . Lighting fixtures utilized with the project shall, either by placement or fixture construction, conceal the luminaire from view of the street and/or adjacent properties. 12. The final PUO plan shall include in the architectural design guidelines requirements for the design of the sides and rear of buildings, where they are visible, to maintain the visual character, if not the level of detail, of the main facade of the structure. 13. For the purposes of the design guidelines in the comprehensive signage plan, all four phases of the project shall be considered as a single project. A total of two freestanding signs containing commercial . messages shall be allowed in Phases 1 and 2, as proposed in the project submittal. The design and total square footage of commercial signage in the two allowed signs shall conform to that shown in the project submittal Appendix K, Signage Design Guidelines. For the purposes of the calculation of allowable wall signage area, each lot shall be considered independently and shall not exceed the amount of signage allowed under Section 18.65 of the zone code or its successor. Other directional signs are allowed as described in Section 18.65 of the zone code or its successor. 14. The final PUD plan shall include proposed locations for trash enclosures. 15. The project shall include bicycle racks. This requirement may be met by including the placement of bicycle racks in the overall design guidelines. 16. Modifications shall be made to the placement of two islands and the inclusion of four others to meet the requirement of all parking stalls being within a maximum of 90 feet from a tree trunk and to not allow uninterrupted parking of more than 100 feet. The locations for . additions are the western edge of the main parking lot of Lot 5 between Lots 4 and 6; the southern edge of the main parking of Lot 5 lot between Lots 2 and 3; the fourth bank of parking stalls north of the pedestrian way in Lot 5; and the second bank of parking stalls southeast of the pedestrian way in Lot 5. Further, the landscape islands in the second and third banks of parking stalls north of the pedestrian way in Lot 5 shall be moved three stalls to the southeast. 17. Visual screening plantings shall be provided along the eastern boundary of Lot 5 to comply with the requirements of Section 18.50.100.0.5.0., which requires the visual screening of loading 09-08-98 ----.--- . -- --.-------- - 12 - docks. The loading area, dumpsters, and other equipment to the east of the main building complex are required to be visually screened from adjacent properties. 18. Additional landscaping shall be provided in the West Oak Street and North 19th Avenue corridors to achieve full compliance with the required plantings listed in Section 18.54.110.G, Greenway Corridor . Landscape Standards. 19. For the purposes of calculating the required open space, all four phases of the project shall be considered a single project. If open space in compliance with Section 18.54.11 O.F is not provided in each independent phase then subsequent phases shall provide additional open space so that the total open space upon completion of all four phases shall not be less than that required by Section 18.54.11 O.F. Landscaping islands within parking areas which are less than 300 square feet in area shall not count toward required open space. 20. The proposed covenants shall be filed as a part of the final plat. The City of Bozeman shall be a party to the covenants such that the covenants may not be revoked or substantially modified without the consent of the City of Bozeman. The City shall be party to those provisions of the covenants relating to Lot Access; Easements; Architectural, Signage, and Landscaping Guidelines; and those portions of the Liens section which relate to the maintenance of the required open space. Revocation of Article IV, Easements, shall require either the replatting of the subdivision to provide for public access to all lots or the filing, with City of Bozeman agreement, of separate easements to provide for the legal and physical access . required by Section 76-3-608, M.C.A., and its successors. 21. Until such time as the fire hydrant system is installed, tested, and accepted, construction on site shall be limited to non-combustible building shell construction only. Under no circumstances shall combustible construction or interior tenant improvements be allowed until such a time as the pressurized water system is installed and accepted. Additionally, high quality all weather access roads shall be provided and maintained at all times to allow emergency response equipment access to the site. 22. Stormwater Master Plan: A Stormwater Master Plan for the subdivision, for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots, must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly . for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. 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. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the stormwater retention facilities for each lot will be established based on maximum site development. Final facility 09-08-98 -..-- -...-.--....-. . -----.."'...-...-. - 13 - sizing may be reviewed and reduced during design review of the final site plan for each lot. The applicant is advised that although the submitted plan has been preliminarily reviewed and is acceptable in concept, the plan will be evaluated further upon review of the infrastructure and final site plan for the subdivision. The applicant is encouraged to utilize a . combination system of underground storm drains and the proposed swales within the parking lot on the west side of the buildings to allow patrons to walk from the parking lot to the building without crossing a "stream" during minor rain events and snow melting. A detailed site grading plan for Phases I and II shall be provided for approval with the initial final site plan submittal. The grading plan shall account for the development of the future phases and provide a phasing schedule for the installation of the stormwater improvements. 23. The Oak Street drive approaches shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. Montana Department of Transportation approval of all approaches onto North 19th Avenue and West Oak Street shall be obtained prior to construction. 24. The Montana Fish, Wildlife and Parks, NRCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan approval. Copies of the approvals shall be submitted with the final . site plan. 25. Ditch/Steam relocation: The Montana Fish, Wildlife and Parks shall be contacted by the applicant regarding the proposed relocation, and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan approval. 26. A detail of the lighting fixtures shall be submitted to, and approved by, the Planning Office. No part of the luminaire or lens shall protrude below the shield, and any lighting used to illuminate the off-street parking area shall be arranged so as to deflect light down and/or away from any adjoining residential district and shall not detract from driver visibility on adjacent streets. The motion carried 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 Youngman. . Bridaer Peaks Town Center - Grant Creek Partners for Philip Saccoccia. Jr. - preliminarv plat to subdivide 42.24 acres known as Tracts 4A and 48. cas No. 1215A. into four phases and 13 commercial lots (P-9833) This was the time and place set for review of the preliminary plat for the Bridger Peaks Town Center, as requested by Grant Creek Partners for Philip Saccoccia, Jr., under Application 09-08-98 - 14 - No. P-9833, under which 42.24 acres known as Tracts 4A and 4B, Certificate of Survey No. 1215A, are to be subdivided into four phases and thirteen commercial lots. The subject property is located at the northeast corner of the intersection of North 19th Avenue and West Oak Street. . Associate Planner Chris Saunders presented the staff report. He briefly highlighted the written staff report, which was forwarded in the Commissioners' packets, characterizing infrastructure and access as the major issues. He stated that staff supports the subdivision and feels that, with conditions as outlined in the Planning Board resolution, it can be appropriately completed. The Associate Planner noted that one of the major concerns is the traffic that will be generated on West Oak Street and North 19th Avenue. In light of the additional traffic volume, it is anticipated that additional lanes will be needed to accommodate turning movements. He also noted that staff is recommending realignment of roadways within the development to minimize impacts on the stream and the wetlands. The Associate Planner stated the applicant has requested that he be allowed to begin . construction on one of the major buildings prior to completion of all the infrastructure, and staff is supportive of that request. He then indicated that staff has some proposed language to address the intersection of North 19th Avenue and Baxter Lane. Responding to Commissioner Rudberg, Assistant City Manager Brey suggested that language be added to Condition No. 28 to state".. .including, but not limited to, North 19th Avenue and its Oak, Tschache and Baxter intersections". Mr. Dave Hutchinson, Grant Creek Partners, indicated a willingness to accept the addition to conditions as forwarded by the Assistant City Manager, as it pertains to Oak Street and Tschache Lane. He questioned, however, how Baxter Lane can be associated with this project, since the parcel under consideration does not extend that far north. . Responding to Commissioner Rudberg, Mayor Stiff stated that signalization of the intersection of North 19th Avenue and Baxter Lane will require modifications to the North 19th Avenue roadway itself, making it a much larger project than signalization of the other intersections. He then forwarded his position that signalization of the intersections of North 19th Avenue with Baxter Lane, West Oak Street and Durston Road should be viewed as a single project rather than separately. He noted that, with the impending development of 09-08-98 -----...- - 15 - StoneRidge, Gallatin Center and this project, it is important to ensure that each is required to provide a proportionate share of the improvements needed along this corridor. Further responding to Commissioner Rudberg, Associate Planner Saunders stated it would be difficult to identify the impacts of a small project, but the impacts of this project can . be more readily determined. He then stressed the importance of ensuring the fairness of conditions imposed on any project. Assistant Planning Director Debbie Arkell noted that the traffic study on North 19th Avenue extends from Durston Road to the interstate, and addresses the entire corridor, including road improvements, rather than dwelling on each specific intersection. Responding to Commissioner Frost, the Associate Planner estimated that $ Y<t. million has been received in street impact fees to date. Commissioner Rudberg stated she does not feel it is appropriate to consider the intersection of Baxter Lane and North 19th Avenue; rather, the Commission should concentrate on the intersection of West Oak Street and North 19th Avenue when considering this application. . It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the preliminary plat for the Bridger Peaks Town Center, as requested by Grant Creek Partners for Philip Saccoccia, Jr., under Application No. P-9833, under which 42.24 acres known as Tracts 4A and 4B, Certificate of Survey No. 1215A, are to be subdivided into four phases and thirteen commercial lots, subject to the following conditions: 1. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the . stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. 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. 09-08-98 --..---- -- - 16 - While the runoff from the individual Jots 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 is advised that although the submitted plan has been . preliminarily reviewed and is acceptable in concept, the plan will be evaluated further upon review of the infrastructure and final site plan for the subdivision. The applicant is encouraged to utilize a combination system of underground storm drains and the proposed swales within the parking lot on the west side of the buildings to allow patrons to walk from the parking lot to the building without crossing a "stream" during minor rain events and snow melting. A detailed site grading plan for Phases I and II shall be provided for approval with the initial final site plan submittal. The grading plan shall account for the development of the future phases and provide a phasing schedule for the installation of the stormwater improvements. 2. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference . has been conducted. With exception of the in-line structure proposed on Lots 2, 5, 8, and 11, no building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. Prior to issuance of a building permit for Lots 2, 5, 8, and 11 "approvable" infrastructure plans, including streets, sidewalks, storm drainage, sewer, water, and signal plans for Phases I and II of the subdivision shall be submitted to the City Engineer and all water and sewer mains must be installed and accepted by the City. The curvilinear water mains drawn on the preliminary plat plans are difficult to install per City standards. All water mains 500 feet or longer must be looped. All ties to existing water and wastewater infrastructure must be verified as to exact location and depth by the developer. 3. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval. . City standard sidewalks or an acceptable alternative sidewalk shall be constructed on all public street frontages of the property. 4. The Oak Street drive approaches shall be constructed in accordance with the City's standard approach (Le., concrete apron, sidewalk section and drop-curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. MDT approval of all approaches onto North 19th Avenue and West Oak Street shall be obtained prior to construction. 09-08-98 -....--. .. ..- ..----- - 17 - 5. The Montana Fish, Wildlife and Parks, NRCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan approval. Copies of the approvals shall be submitted with the final site plan. 6. Ditch relocation: . a. The Montana Fish, Wildlife and Parks shall be contacted by the applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan approval. 7. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. 8. Prior to platting of Phases III and IV, the applicant shall obtain an easement across the adjacent property for the extension of North 15th Avenue to Tschache Lane. North 15th Avenue from West Oak Street to Tschache Lane and Tschache Lane adjacent to Phases III and IV shall be constructed or financially guaranteed prior to platting of Phase III and/or Phase IV. 9. Sewer services for Lots 4, 6, 7, 9 and 10 shall not connect to the existing 24-inch interceptor sewer but, instead, shall be connected to . local sewer mains installed be the developer. 10. If adequate grade exists for the sewer main to be installed in Tschache Lane to be extended further to the east, the developer shall install the line to the east property line of Phase III with the improvements for Phase IV of the subdivision. 11 . The accesses off West Oak Street shall be redesigned so that the entrance nearest North 17th Avenue aligns with North 17th. 12. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a. Street improvements to North 15th Avenue and Tschache Lane, adjacent to the subdivision, including paving, curb/gutter, sidewalk and storm drainage. b. Signalization and intersection improvements of the intersections of Tschache Lane and North 19th Avenue, North 15th Avenue and Oak Street and the . proposed private access and North 19th Avenue. 13. Prior to filing of any plat, the intersection improvements and signalization of the intersection of North 19th Avenue and West Oak Street to bring the level of service of the intersection to a level "C", considering a 15 year design time frame, shall be financially guaranteed or constructed. Prior to opening of any of the buildings in the in-line structure on Lots 2, 5, 8, and 11, and prior to issuance of building permits for any other lot, the improvements and signal shall be in place and operational. 09-08-98 - 18 - 14. West Oak Street shall be widened to include a second westbound lane and curb and gutter in accordance with plans available from the office of the City Engineer for the full length of the property prior to filing of the final plat for Phase I. The developer's engineer shall provide for the design of the storm drainage facilities for the widening. The applicant may choose to financially guarantee these improvements. If the improvements are financially guaranteed, no building permits, . with the exception of the permits for Lots 2, 5, 8, and 11 shall be issued prior to completion and City acceptance of the improvements. The proposed structures on Lots 2, 5, 8, and 11 shall not be opened until such time as the improvements are completed and accepted by the City and the Montana Department of Transportation. 15. The applicant's engineer shall evaluate the locations of the proposed accesses onto West Oak Street with respect to the needed dedicated left hand turn bays for both the proposed accesses and North 19th Avenue and, if the turn bays are in conflict, the entrances shall be relocated to accommodate the turn bays. 16. The applicant shall be responsible for the installation of all needed traffic striping and marking on both North 19th Avenue and West Oak Street for the needed left hand turn bays and other improvements. The applicant shall be responsible for the installation and operation and maintenance of intersection lighting at all private and public approaches on North 19th Avenue and West Oak Street. 17. All improvements to North 19th Avenue identified in the submittal, and as approved and/or required by MDT, shall be constructed or financially guaranteed with Phase I of the development. No buildings . shall be opened prior to completion and Montana Department of Transportation and City acceptance of the improvements. 18. Prior to filing of the plat, the applicant shall make full payment for the Oak Street Water Line Payback Area and Baxter Lane/Hampton Inn Sewer Main Payback Area if, at the time of filing of the plat, the payback district{s) are created. If the payback district{s) are not created at the time of plat filing, the applicant shall be responsible for the full payment at the time of creation. 19. Prior to filing of the plat for Phase'" and/or Phase IV, the applicant shall complete an additional warrant analysis for the intersection of North 19th Avenue and Tschache Lane. If a signal is warranted, the plat cannot be filed until such time as a signal and associated intersection improvements are in place or financially guaranteed. 20. Prior to opening of the proposed structures on Lots 2, 5, 8, and 11 all improvements required for Phase I and Phase II of the subdivision shall be constructed and operational including 1) water and sewer main extensions, 2) public/private streets, curb/gutter, sidewalks and related storm drainage infrastructure and 3) intersection and . signalization improvements to the intersection of West Oak Street and North 19th Avenue. 21. All provisions of the subdivision and zoning regulations which are not specifically waived in the preliminary approval of the plat and plan shall be complied with. 22. 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. This approval period may be extended by the City Commission upon 09-08-98 -- - 19 - request of the applicant for a period to not exceed a total of five years. The developmental guidelines and master plan for Phases III and IV shall be approved for a period of five years. The approval of the guidelines may be extended upon request of the applicant to the City Commission. 23. 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 clothbacked, or equivalent, copies; two signed reproducible copies on a stable base polyester film, or equivalent; two digital copies on 3 %-inch DS/DD diskettes; and five (5) paper prints. The final plan shall conform to all requirements of Chapter 18.54 of the Bozeman Municipal Code. 24. Water rights shall be provided as agreed to in the Annexation Agreement filed on Page 080, Film 98 at the Gallatin County Clerk and Recorder's Office. 25. The proposed covenants and improvements agreements shall be filed as part of the final plat. 26. The proposed covenants shall be filed at the Gallatin County Clerk and Recorder's Office as part of the final plat. The City of Bozeman shall be a party to the covenants such that the covenants may not be revoked or substantially modified without the consent of the City of Bozeman. The City shall be party to those provisions of the covenants relating to Lot Access; Easements; Architectural, Signage, . and Landscaping Guidelines; and those portions of the Liens section which relates to the maintenance of the required open space. Revocation of Article IV, Easements, shall require either the replatting of the subdivision to provide for public access to all lots or the filing, with City of Bozeman agreement, of separate easements to provide for the legal and physical access required by Section 76-3-608, M.C.A., and its successors. 27. Tschache Lane and North 15th Avenue shall be constructed prior to the occupation and use of Lots 12 and 13. 28. As required by the Montana Department of Transportation, a combined traffic impact statement that collectively reviews all impacts and provides alternatives which will protect the integrity and safety of the North 19th Avenue corridor shall be prepared and presented to them. Any mitigation required in that study must be completed by the developers, as required by the Department. This study must be completed prior to the filing of the final plat for Phase I, and the findings and requirements of the Department complied with prior to filing of the phase(s) said improvements are required. . 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. 09-08-98 ..u ..___..... . ........__. ...- - 20 - The Gallatin Center - Gallatin Center Limited Partnership - Conditional Use Permit for Planned Unit Development for development of 142::!: acres known as Tract C-1 A. Certificate of Survey No. 1979. and Tracts C-2. D-1 and D-2. Certificate of Survey No. 1827 (2-98119) This was the time and place set for review of the Conditional Use Permit for The Gallatin Center, as requested by the Gallatin Center Limited Partnership, under Application No. . 2-98119, for development of a 27-lot commercial/industrial/business park planned unit development on 142:t acres known as Tract C-1 A, Certificate of Survey No. 1979, and Tracts C-2, 0-1 and 0-2, Certificate of Survey No. 1827. The subject property is located along the west side of North 19th Avenue between Valley Center Road and Baxter Lane. Assistant Planning Director Debbie Arkell presented the staff report. She stated that the applicant is seeking both a zoning planned unit development and a subdivision planned unit development under this agenda item and the next agenda item. She stated that this planned unit development is designed to accommodate a variety of retail, commercial, industrial and office uses on 27 lots and, in fact, the site plan for a Target store on lot 8 is proposed in conjunction with these applications. Assistant Planning Director Arkell stated that this proposal will provide 80-foot-wide . stream corridors along East and West Catron Creeks, a 50-foot to 70-foot-wide landscaped buffer along North 19th Avenue and a 55-foot-wide landscaped buffer along Baxter Lane. She noted that an 8-foot-wide concrete pedestrian way is to be provided within the landscaped buffers. The Assistant Planning Director stated that all streets within the development are to be constructed within dedicated 60- to 65-foot rights-of-way but will not be constructed to City standards and will be maintained by the owners' association. She stated the project is to be developed in four major phases, over a period of fifteen to twenty years. Phase I is located near the intersection of Valley Center Road and North 19th Avenue, with future phases extending southward toward Baxter lane. She indicated that, in light of the number of . improvements that must be made to the site, the applicant proposes to financially guarantee an Improvements Agreement so construction can begin on the Target store. Assistant Planning Director Arkell stated the applicant is seeking several relaxations that will: (1 ) allow zero side yard setbacks, to give flexibility for the location of future structures and encourage clustering of buildings; 09-08-98 -" - ---. ------------- - 21 - (2) allow an increase in the size and number of freestanding signs at entry locations to the development; (3) allow the temporary cul-de-sac on Deadman's Gulch to exceed 500 feet; (4) allow a building permit for the Target store without completion of infrastructure and site improvements and prior to filing of the final plat . for the subdivision; (5) allow a reasonable installation sequence of sidewalks; and (6) use alternate paved road standards, with no curb or gutter. The Assistant Planning Director noted that installation of the Northwest Waterline is scheduled for completion in June or July 1999, and the Target store is scheduled to open during the summer of 1999. Assistant Planning Director Arkell noted that, since the subject property is located within the North 19th Avenue/West Oak Street corridor, it must comply with those regulations and must go through the planned unit development process. She noted that the master plan requires 30-percent open space for planned unit developments, although that percentage may be decreased to 25 percent in this corridor if the proposal meets the twelve criteria by which . such requests are evaluated. She stated that the applicant is seeking a 2.3-percent reduction in this instance, with 27.7 percent open space being provided along the wetlands, stream corridors and streets. She noted that staff has reviewed this request and identified seven conditions to recommend in conjunction with approval of the reduction. The Assistant Planning Director stated that the City.County Planning Board conducted its public hearing on this application at its August 19 meeting. Following the public hearing, at which the main issue was the location of North 27th Avenue, the Board forwarded its recommendation for approval, subject to several conditions. The Assistant Planning Director turned her attention to the alignment of North 27th Avenue, noting that Thomas Drive is currently located on the western side of the alignment. She noted that the North 27th Avenue corridor between Durston Road and West Oak Street . is being developed as a collector street, with 55 feet of right-of-way on each side of the section line. She stated that, because of the high voltage powerline located in the right-of-way, a 20- foot median is being proposed under the power line. She noted that Thomas Lane, which extends north from Baxer Lane, is located in a 30-foot-wide street dedication, with a 20-foot- wide easement adjacent to that street dedication. She stated that City staff feels it would be 09-08-98 ---.. .-------- ---.-..- - 22 - appropriate to locate the southbound lane of North 27th Avenue along the Thomas Lane alignment; however, following the public hearing and consideration of the concerns raised, the Board determined that curving the roadway so it lies east of Thomas Lane would be more appropriate. . Assistant Planning Director Arkell turned her attention to questions raised by the Commission at last week's agenda meeting, pertaining to pedestrian circulation, landscaping along Catron Creek and lighting. She suggested that a condition be added regarding the landscaping along Catron Creek and that a condition be added to require that the covenants be amended to include provisions regarding lighting. Mr. Gene Graf, applicant, stated that they began planning for this development in 1990, and have consistently envisioned this project as a green corridor into the city. He noted that one of the first steps they took was to retain outside expertise and develop a set of covenants that would assure development of this commercial property in a business park type setting. He acknowledged that the plan being submitted is more oriented toward retail than originally planned, in response to Costco being the first to develop on this property. He . stressed his interest in ensuring that the greenway corridor is maintained, particularly along the creeks. He also noted that the greenway corridor along North 19th Avenue has been expanded to at least 75 feet, with berming to further minimize the visual impacts of development. He then reviewed his plans to relocate portions of both Catron Creek and Catron Creek West to provide for an even more attractive development. Mr. Graf recognized the concerns which residents along Thomas Lane have raised about the extension of North 27th Avenue, stating that when the street will be extended is unknown at this time. He also suggested that a two-lane road will be acceptable for a long time. Mr. Graf stated that the "power center" which will be generated with Costco and Target is different from what he had originally envisioned, which was commercial development . comprised of smaller stores. He indicated that smaller stores will still be constructed along North 19th Avenue with the larger stores being constructed along the western portion of the site. Mr. Steve Hanley addressed the architecture of power centers, noting they are different from the typical neighborhood retail type concept. He stated that power centers are 09-08-98 .. - ..----- - 23 - comprised of discount retailers who like to develop together and generate vehicular traffic from a large geographic area. He noted that they can provide a pedestrian access easement if determined necessary because of the overall development, but he cautioned it will not be a very useful feature of the Target site and asked that it be located where pedestrians will not be in . direct conflict with the high level of vehicular traffic. Mr. Hanley stated that the new Target store is to be built of brick, with different colors, texture and materials to help break up the mass of the structure. He noted that the main entrance to the store is to be identified with stucco. He then indicated he has no problem with installing a lighting system that complies with the City's zone code, although it is important to ensure the lighting is adequate for security purposes. He then indicated that the lighting for the site has been designed to meet the 20-foot height limitation for light standards and indicated that smaller caliper trees will be planted in the parking lot so they don't block the light from these fixtures, with larger trees being planted around the perimeter. Responding to Commissioner Frost, the Assistant Planning Director affirmed that, if the Commission wishes, a new subsection should be added to Condition No. 3, similar to the . added condition to Bridger Peaks. She then indicated that the condition in the memo from the City Manager should be added to the subdivision, not this zoning application. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Conditional Use Permit for The Gallatin Center, as requested by the Gallatin Center Limited Partnership, under Application No. Z-98119, for development of a 27-lot commercial/industrial/business park planned unit development on 142:t acres known as Tract C-1 A, Certificate of Survey No. 1979, and Tracts C-2, D-1 and D-2, Certificate of Survey No. 1827, subject to the following conditions: 1. GENERAL PUD CONDITIONS: a. 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 PUD plan approval. This approval period may be extended by the City Commission upon request of the applicant for a period to not exceed a total of five (5) years. Seven copies of the final PUD plan showing how all conditions of approval will be addressed must be submitted. This submittal must include final Development Guidelines and Covenants, which must be filed at the Clerk and Recorder's Office, and a final 09-08-98 ------.-...-..-- ..-- - 24- landscape/open space plan. The final plan must comply with the submittal requirements of Section 18.54.060.C of the June 1996 zone code. An Improvements Agreement must be signed by the applicant prior to final PUD plan approval. With the exception of the Target store, no building permits will be issued until the final PUD plan is approved and substantial completion and acceptance of the required . infrastructure improvements. If occupancy of any structure within any phase of the development is to occur prior to completion of all required improvements, the Improvements Agreement shall be financially guarantee as outlined in the zone code to secure the improvements required for the affected phase. b. The final PUD plan shall clearly show that the trail in "The Fen" will continue along the north sides of Lots 5 and 7, Block 1, along the Catron Street frontage, and that it will not turn into a formal sidewalk in these locations. 2. OPEN SPACE CONDITIONS: The required 30% open space may be reduced to 27.7% subject to the following conditions: a. The PUD open space plan shall be amended to address the development of Common Open Space Parcels 1 and 2, which, at a minimum shall include landscape and seating along the trail. The final plan . shall provide details of development of the open space areas including: amenities (landscape, furniture), when the area will be developed, and by whom. If the area is to be developed by the owners' association, special provisions for the development must be included in the Covenants. b. Installation and maintenance of streetscape furniture along the greenway corridors should be added to the open space plan. c. Changes in texture and use of materials shall be installed at the intersection of the sidewalk along the North 19th corridor and Seitz Street, Deadman's Gulch and Burke Street, at the intersection of the West Catron Creek corridor trail and Seitz, Minteer, and Deadman's, and at the intersection of The Fen at Deadman's and Burke. These improvements should be done as each street is constructed. d. The Guidelines shall be amended to more specifically state when landscape improvements will be made, . and by whom. The final plan must ensure that at least 1 5 % of the e. entire development, 21.247 acres, is held in common ownership of the property owners' association, or is in the form of common open space easements granted to the property owners' association. f. The Landscape Guidelines shall be amended to ensure the requirements of Section 18.54.110.G of the 09-08-98 '" -"~'-">l" ,. - 25 - North 19th Avenue/West Oak Street Plan is met, which provides more details regarding the formal streetscape (e.g., one large canopy tree, at regular intervals of 50 feet on center) and the greenway corridor landscape requirements. These requirements should be added to Section B of the General Design Guidelines. . g. Development and installation of the educational and interpretive signage shall be installed by the developer. The final plan must provide details of when and where the signs will be installed. 3. DEVELOPMENT GUIDELINES/COVENANTS. The Development Guidelines and Covenants shall be amended as follows: a. Page 5. A. aDen SDace: If no dedicated open space is provided within the development, this section should eliminate the wording that "Dedicated open space will be provided..." to avoid any confusion between publicly dedicated and commonly owned open space. The two "common open space" lots shall be owned and maintained by the property owners association. All other open space which is provided in easements on privately owned lots shall be adequately and properly depicted on the final PUD site plan and final subdivision plats. b. Casinos shall be eliminated from the permitted use list. . c. As recommended by the Design Review Board, the final PUD plan must include revised graphic representations of unifying themes for the PUD which must be submitted to and approved by the DRB prior to final plan approval. d. The DRC recommends that the PUD Architectural Review Committee include planners and/or architects. e. The Covenants shall be amended to include the City of Bozeman as a party to the covenants to ensure that the Covenants may not be revoked or substantially modified without the consent of the City. Specifically, the City shall be a party to those provisions in the Covenants relating to architectural design, signs, and landscape guidelines. f. Section J of the Sign Guidelines must include the sign location drawing referred to in the text. . g. A detail of the lighting fixtures shall be submitted to, and approved by, the Planning Office. No part of the luminaire or lens shall protrude below the shield, and any lighting used to illuminate the off-street parking area shall be arranged so as to deflect light down and/or away from any adjoining residential district and shall not detract from driver visibility on adjacent streets. 09-08-98 -.-.. - .-- -- -.-.--...----..-..- - 26 - 4. CONDITIONS APPLICABLE TO THE TARGET STORE: a. Seven copies of a final site and landscape plan showing how all conditions of approval pertinent to the Target store will be addressed must be submitted to the Planning Office within six (6) months of City Commission approval of this PUD and PRIOR TO ISSUANCE OF A BUILDING PERMIT that adequately . addresses the conditions of approval of this site plan. The site plan must be adequately dimensioned (parking space, driving aisle, access, etc). An Improvements Agreement must be signed by the developer of the Target store prior to final site plan approval, and a building permit 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 the structure is to occur prior to completion of all required improvements, the Improvements Agreement shall be financially guarantee as outlined in the zone code to secure the improvements not yet completed. Parking lot paving cannot be financially guaranteed. b. Prior to issuance of a building permit for the Target store, "approvable" infrastructure plans for all infrastructure associated with the Target store shall be submitted to the City Engineer. The Target store may not open until it is served by City sewer and water services. . c. A warrant study for the intersection improvements and signalization of the intersection of Catron Street and Valley Center Road shall be prepared by the applicant's professional engineer and submitted to the City Engineer. Prior to filing the plat for Phase I and/or Phase II and/or the opening of Target to the general public, intersection improvements and signalization of the intersection of Catron Street and Valley Center Road shall be completed, in order to raise the level of serve to a level of "c" for the design year which shall be 15 years following construction, unless MDT and the City Engineer determine that improvements are not required based on the warrant study. If the signal is warranted with the addition of traffic from the Target store, the signal must be installed before the opening of the store to the public, and cannot be financially guaranteed. d. Prior to opening of the Target store, all infrastructure as outlined for Phase I of the subdivision shall be . completed, including 1 ) water and sewer main extensions, 2) public/private streets, sidewalks, and related storm drainage infrastructure improvements, and 3) the signal and associated improvements (if required pursuant to a Condition No. 4c) shall be constructed and operational. Items related to the store opening which may be financially guaranteed with an Improvements Agreement include: parking lot landscape; landscape and sidewalk along the perimeter of the store (Max Avenue and Catron 09-08-98 - -~~~~,;.~ ~'.<"..'.' .. -. - - 27 - Street), final construction of drainage retention/ detention facilities (preliminary grading must be completed). All items to be financially guaranteed must be approved by the Development Review Committee. If City water and/or sewer mains are extended to serve the Target store, appropriate written utility easements must be submitted to and accepted by the City Engineer Q.[ the final plat of . Phase I which shows the appropriate easements filed, prior to opening of the Target store. e. The access drive at the rear of the Target store shall be a minimum of 30 feet wide with a cul-de-sac on the south end of the drive for emergency vehicle use. f. The formal streetscape along Carton Street that began with Costco and was continued with the Wingate Inn must be continued along Catron Street. g. The final landscape plan must provide details of species of trees and shrubs that shall be planted on the berms along Max Avenue. h. The landscape islands within the parking lot shall be grouped together to form fewer, larger landscape islands. i. A minimum 6-foot-wide planter shall be installed at the south end of the Target parking lot to aid in . providing a visual break between the Target parking lot and the future parking lot to the south. This planter shall be shown on the final planned unit development plan. j. The final landscape plan must show details of the planters in front of the building, including construction materials, elevations, and plant materials, and the planters shall be moved away from the building and be more centered in the sidewalk area. Seating shall be added to this area. k. The final landscape plan must incorporate the stream corridor landscape design of the PUD Development Guidelines, particularly details 9/10 and 10/1 A, along the entire length of the West Catron Creek stream corridor adjacent to the Target lot. I. The final plan must provide details of the building mounted lights. These lights shall direct light down, and not direct light to adjoining properties or streets. The style of light currently used on the Costco . building is not acceptable. m. The final plan must provide details of the location and design of a bike rack and garbage enclosure,and must provide the adequate number of disabled parking spaces. These spaces must be appropriately signed, as must the compact car spaces next to the internal landscape islands. Two percent of the total number of parking spaces must be designated disabled accessible. The signs must read "Permit Required 09-08-98 - 28 - $100 Fine". Disabled spaces must be located in a convenient location. n. Water rights or cash in lieu shall be paid to the City of Bozeman, as detailed in the Annexation Agreement, prior to the opening of the Target store if the opening occurs prior to filing the final plat for Phase I of the subdivision. . o. A building permit will not be issued for the Target store until an adequate supply of water for fire- fighting, as determined by the Fire Marshal, is provided to the site. 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. The Gallatin Center - Gallatin Center Limited PartnershiD - Dreliminarv Dlat to subdivide 142:1:: acres known as Tract C-1A. Certificate of Survey No. 1979. and Tracts C-2. 0-1 and D-2. Certificate of Survey No. 1827. into 27 lots for commercial/industrial/business Dark uses (P-9834) This was the time and place set for review of the preliminary plat, as requested by the . Gallatin Center limited Partnership, under Application No. P-9834, to subdivide 142:1:: acres known as Tract C-1 A, Certificate of Survey No. 1979, and Tracts C-2, D-1 and 0-2, Certificate of Survey No. 1827, into 27 lots for commercial/industrial/business park uses. The subject property is located along the west side of North 19th Avenue between Baxter Lane and Valley Center Drive. Assistant Planning Director Debbie Arkell presented the staff report. She noted that, at its meeting held on August 18, the Planning Board conducted the public hearing on this preliminary plat and, once again, a majority of the public comment pertained to the placement of North 27th Avenue and its geometric design. She noted that an August 21 memo from Project Engineer James Nickelson addresses the required geometric design for that roadway. She then indicated that, following its public hearing and consideration of the criteria and . comprehensive staff findings, as contained in the written staff report, the Planning Board recommended approval of this preliminary plat, subject to nineteen conditions. Mr. Gene Graf, applicant, indicated he has no additional comments. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the preliminary plat, as requested by the Gallatin Center limited 09-08-98 ---.-.- .. ---- -- -...-.. ----- - 29 - Partnership, under Application No. P-9834, to subdivide 142:t: acres known as Tract C-1 A, Certificate of Survey No. 1979, and Tracts C-2, 0-1 and 0-2, Certificate of Survey No. 1827, into 27 lots for commercial/industrial/business park uses, subject to the following conditions: 1. The approval of this subdivision/zoning PUD is based on the proposal contained in the submittal application received by the City-County . Planning Office on June 29, 1998. This approval includes the relaxation of the following regulations. All provisions of the Subdivision and Zoning regulations which are not specifically waived under this condition shall be complied with: a. Up to a zero side yard setback, to give flexibility for the location of future structures and encourage clustering of buildings. b. Increase in size and number of freestanding signs proposed at the entry locations to the development. Individual lots/buildings would be restricted to the square footage of signs permitted in the Sign Code. c. Allow the temporary cul-de-sac on Deadman's Gulch to exceed 500 feet. d. Allow a building permit for the Target store on Lot 8, Block 1, without the completion of site sewer and water improvements and prior to filing of the final plat for the subdivision only if adequate fire . protection is provided, as required by the Fire Marshal for the Target store. The Target store may not open to the public until adequate municipal water and sewer infrastructure and appropriate access is provided to the site. e. Allow a reasonable installation sequence of sidewalks, due to the long term nature of the project. f. Use alternate paved road standards, with no curb or gutter. 2. 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, show all existing and new easements, all existing applicable restrictions as shown on Minor Subdivision No. 210, and be accompanied by all appropriate documents, certification by the State Department of Environmental Quality Subdivision Program, a final platting certificate, all required certificates, and utility statement. The Certificate of Dedication must indicate that the roadways dedicated to the public are accepted for public use, but the City accepts no responsibility for maintaining the . same, and that the owners agree that the City has no obligation to maintain the roads hereby dedicated to public use. Appropriate Certificates of Mortgagees must be signed by all lien holders on the property. 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 Y:z -inch floppy disk. 3. The developer shall have three (3) years from the date of preliminary plat approval to complete the conditions, conform to all regulations, 09-08-98 .. - -.-..---..- - 30- and submit a complete application for final plat approval for All PHASES of the subdivision. This approval period may be extended by the City Commission upon request of the applicant as permitted in the subdivision regulations. 4. The final PUD plan must be submitted to and approved by the City, and the approved Development Guidelines and Covenants filed with or prior to filing a plat for any phase of the subdivision. . 5. The final plat of each phase shall eliminate the proposed use of blocks, as the block layout is associated with phases and not with the true alignment of blocks. The use of continuous lot numbers with no block numbers is acceptable in this instance. 6. Stop and street marker signs shall be installed at the intersections of subdivision streets with Valley Center Road, North 19th Avenue, Baxter lane, and North 27th Avenue, as required during plan and specification review by the City Engineer. No building permits, with the exception of the Target store, will be issued until street marker signs are installed for the street on which the building permit is located. 7. The property owner shall provide and file with the final subdivision plat of Phase I a Waiver of Right to Protest Creation of SIDs that is applicable to the entire subdivision for the following improvements. a. Signalization of the Valley Center Road/North 19th Avenue intersection b. Signalization of the Catron Street/Valley Center Road . intersection c. Street improvements to North 19th Avenue and Valley Center Road d. To bring interior streets up to City standards, if necessary/desired e. The creation of a city-wide park maintenance district f. I ntersection/signalizationimprovementsto Dead man's Gulch and North 19th Avenue g. Installation of additional southbound lanes on North 19th Avenue The Waiver shall specify that in the event SIDs are not utilized for the completion of these projects, the property owner(s) shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by the square footage of the property, linear front footage of the . property, taxable valuation of the property, or combination thereof. Said Waiver shall be a covenant running with the land and shall not expire. 8. Prior to application for final plat approval, the subdivider shall enter into a Memorandum of Understanding with the Gallatin County Weed Control District, and a copy of the signed document shall be submitted to the Planning Office with the final plat application. A Covenant shall be placed on the final plat requiring the property owner(s) and/or 09-08-98 ~~:~.',~. - 31 - property owners' association to be responsible for the control of County declared noxious weeds. 9. 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 prior to final plat approval of Phase I. This plan must address the issues identified by the Montana . Department of Transportation in an August 4, 1998 letter to the Planning Office, and the plan may be submitted by the City Engineer and, at his discretion, to MDT for their approval. The master plan must depict the maximum sized retention basin location, and show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. 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. . 10. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public/private streets, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. With the exception of the Target store, no building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. Prior to issuance of a building permit for the Target store, approvable infrastructure plans for all infrastructure associated with the Target Store shall be submitted to the City Engineer. 11. All infrastructure improvements including al water and sewer main extensions (with the exception of those proposed to be installed by . SID 6651, and b) public streets, sidewalks, and related storm drainage i nfrastructu re improvements, shall be financially guaranteed or constructed prior to final plat approval for each phase. City standard sidewalks shall be constructed on all street frontages one foot off the property line, or otherwise as approved by the City Engineer, with the exception of the North 19th Avenue walk where the proposed trail will be utilized, at the time of development of each lot. The developer shall install, or financially guarantee, all sidewalks/trails prior to filing of the final plat for each phase. City 09-08-98 - . .~.,~L ",,:,- - 32 - sidewalk permits must be obtained, if applicable, prior to installation of the sidewalks. 12. The Montana Fish, Wildlife, and Parks; Natural Resource Conservation Service; Montana Department of Environmental Quality; and Army Corps of Engineers shall be contacted by the applicant regarding the proposed project, and any required permits (Le., 310, 404, Turbidity exemption, etc.) shall be obtained for the subdivision work as well as . for the creek relocations. Copies of the permits, or letters indicating permits are not required, must be submitted to the Planning and/or Engineering Offices prior to commencement of infrastructure construction or creek relocation. A 35-foot setback from the mean high water mark of all streams must be shown on all final plats. 13. Easements, a minimum of 30-feet wide, for the water and sewer main extensions not located within public right-of-way shall be provided to the City Engineer prior to installation of the utility. The utility shall be located in the center of the easement, and in no case shall the utility be less than 10 feet from the edge of an easement. 14. All streets in the subdivision shall be privately maintained by the property owners' association, and the property owner documents must include a mechanism to finance the maintenance. 15. As required by the Montana Department of Transportation, a combined traffic impact statement that collectively reviews all impacts and provides alternatives which will protect the integrity and safety of the North 19th corridor shall be prepared and presented to them. Any mitigation required in that study must be completed by the developers, as required by the Department. This study must be completed prior . to the filing of the final plat for Phase I, and the findings and requirements of the Department complied with prior to filing of the phase(s) said improvements are required. 16. Prior to filing the plat for Phases III and IV, intersection improvements and signalization of the intersection of North 19th Avenue and Baxter Lane shall be completed in order to raise the level of service to a level of "C" for the design year which shall be 15 years following construction of the improvements. If, at the time of platting Phases II and IV a signal is in place, the applicant shall submit a traffic study that evaluates the level of service and if the level of service is below a level of "D" the plat shall not be filed until intersection and/or signal improvements are completed, or financially guaranteed, to raise the level of service to level "C" for the design year. No building permits will be issued for Phases III and IV until the signal and intersection improvements are operational. 17. Unless previously completed for the Target store, prior to filing the plat for Phase I and/or Phase II, intersection improvements and signalization of the intersection of Catron Street and Valley Center Road shall be completed, or financially guaranteed, in order to raise . the level of service to a level of "C" for the design year which shall be 15 years following construction, unless Montana Department of Transportation and the City Engineer determine that improvements are not required based on a warrant study submitted by the applicant's engineer. 18. In conjunction with the construction of private/public street approaches to North 19th Avenue, the applicant shall be responsible for modifications of the striping of North 19th Avenue to accommodate left hand turn bays. Intersection lighting at all 09-08-98 -. -- ...,.....,.'.\";:-.~.. .- . - 33 - private/public road intersections with North 19th Avenue and Baxter Lane shall be provided. The applicant and property owners' association shall be responsible for the installation, maintenance and operation of the lighting, and the Covenants shall be amended to reflect that responsibility. 19. Water rights or cash in-lieu thereof shall be provided as each phase of the subdivision is filed, as agreed to in the Annexation Agreement filed . in the office of the Gallatin County Clerk and Recorder. 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. Preliminarv plat - Allison Minor Subdivision. Phase I - David Jarrett for BanTon. Inc. - subdivide 122.27 acres known as a Dortion of COS No. 252 and the NE 1/4. Section 24. T2S. R5E. MPM. into five lots with a remainder lot (Arnold Street north of Mornina Star School (P-9839) This was the time and place set for review of the preliminary plat for the Allison Minor Subdivision, Phase I, as requested by David Jarrett for BonTon, Inc., under Application No. P-9839, to subdivide 122.27 acres known as a portion of Certificate of Survey No. 252 and the Northeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal . Meridian, into five lots with a remainder lot. The subject property is more commonly located along Arnold Street, north of the Morning Star School. Included in the Commissioners' packets was a memo from Associate Planner Olsen, dated August 26, forwarding a letter of withdrawal submitted by David Jarrett. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission acknowledge receipt of the letter of withdrawal submitted by David Jarrett. 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. Commission Resolution No. 3255 - intent to annex Lots 1.2 and 3. Minor Subdivision No. 201. . located in the S1/2. Section 4. T2S. R5E. MPM (north side of Durston Road approximatelv one- half mile west of Flanders Mill Road): set Dublic hearing for SeDtember 21. 1998 Included in Commissioners' packets was a copy of Commission Resolution No. 3255, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3255 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, 09-08-98 -- --- --- "'1111!!1". _"I":I!M.,-;.",:">". - 34- MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF, Also included in the Commissioners' packets was a letter from Morrison-Maierle, Inc., . dated September 3, withdrawing the applications for annexation, master plan amendment and zone map amendment. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission acknowledge receipt of the letter of withdrawal submitted by Morrison-Maierle, Inc. 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, Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3258 - Authorizing City Manaaer to sian Change . Order Nos. 3 and 4 for Landfill Gas Extraction System - Davidson and ComDanv. Helena. Montana - subtract a total of $6.646.93 and add o calendar days COMMISSION RESOLUTION NO. 3258 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, APPROVING AL TERA TION/MODIFICA TION OF CONTRACT WITH DAVIDSON AND COMPANY, HELENA, MONTANA. One-year extension of Dreliminary Dlat for Festival Sauare Minor Subdivision No. 2 - SteDhanie Volz - subdivide Lot 2 into two lots (P-9523) Two-year extension of Dreliminary Dlat for Durston Meadows Subdivision. Phases 4 through 7 - Williams Brothers Construction (alona north side of Durston Road. west of Annie Subdivision) (P-9437) ExemDtion from subdivision review - W. Bruce Mecklenbura and Audrev M. Lovfald. etal - realignment of common boundary between Lot 3A. Amended Plat G-22-D. and Lot 1. COS No. 93 (between JB's Restaurant and Smith Barnev Building) . ADDlication for Kennel License - Neil and Debbie Jamieson. 105 Michael Grove - Calendar Year 1998 Reiect bid - SID No. 664 (Davina West Beall Street between North 23rd and North 25th Avenues) Reiect bid - 1998 Dolice cars 09-08-98 -... ~I: "\"':.:!k';', ': ~... . ~ - 35 - Ratify City Manager's signature - DarticiDation in Blue Cross and Blue Shield of Montana's Tobacco Litigation Proclamation - "Harmony Month" - SeDtember 13 to October 10. 1998 Proclamation - "Constitution Week" - September 17~23. 1998 Award bid - One 1999 track-mounted front end loader for Landfill - Tractor and . EouiDment. Billinos. Montana - in the annual lease Dayment amount of $53.736.18 One-year extension of DreUminary Dlat aDDroval for CUDola Subdivision PUD. Phase I (east of Broadwav at East Mendenhall extended) (Z-9539) Authorize use of annual leave - Clerk of the Commission Sullivan - SeDtember 24-25. 1998 ADDroval of final plat for Villaae Greens Townhouses (subdivide 2.77 acres known as Lot 62 and a Dortion of Lot 58. Bridger Creek Subdivision. Phase I. into 18 townhouse residential lots and realign common boundary between subiect lots) (1050 Bovlan Road): subiect to Droof of reconvevance of DubUc trail corridor Claims It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate . persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Recess - 5:27 D.m. Mayor Stiff declared a recess at 5:27 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 D.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. . Public hearing - Commission Resolution No. 3256 - levvina and assessina street maintenance district assessments for Fiscal Year 1998-1999 This was the time and place set for the public hearing on Commission Resolution No. 3256, as approved by the City Attorney, entitled: 09-08-98 -~-'_.~..-. - 36 - COMMISSION RESOLUTION NO. 3256 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1999 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY -WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID . DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Mayor Stiff opened the public hearing. City Manager Johnson reminded the Commissioners that they are required to set the street maintenance assessments on an annual basis. He then noted that, based on the projections in the capital improvement program, staff is proposing fee increases in each of the next several upcoming fiscal years; and the proposed increase for Fiscal Year 1999 is 18 percent. He noted that 15 percent of the increase is to fund the capital improvement program, and items scheduled for purchase this year include a motor grader with a snow gate and a portion of a new storage building. He noted the remaining 3 percent of the increase is to cover inflationary increases. Responding to Commissioner Youngman, the City Manager stated that, for his 9,000- . square-foot lot, the proposed rate will result in a $10.45 increase in his annual assessment. Ms. Shirley Powell, 8 Teton Avenue, asked about the proposal to increase the fee in each of the next several fiscal years. City Manager Johnson responded that, in each of the next five fiscal years, a 3-percent inflationary increase is proposed, with the remainder of the increase to be devoted to funding the capital improvement program. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Commission Resolution No. 3256, l evying and assessing street maintenance district assessments for Fiscal Year 1998-1999, 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 hearina - Commission Resolution No. 3257 - levvina and assessing tree maintenance district assessments for Fiscal Year 1998-1999 This was the time and place set for the public hearing on Commission Resolution No. 09-08-98 --- - - -- - 37 - 3257, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3257 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1999 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND . EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Mayor Stiff opened the public hearing. City Manager Johnson noted that the proposed increase in the assessment rate will increase the assessment on a 7, 500-square-foot lot to $11.10 per year. He stated that these monies are used to fund the planting, trimming and removal of trees along the streets and in City parks, and everyone in the community benefits from those trees. Mrs. Evelyn Petersen, 325 North Montana Avenue, expressed concern about the tree maintenance assessment, stating it puts a burden on the taxpayer. She noted that many of the taxpayers in the community have no trees in front of their homes, and these monies are not used to maintain the trees in people's private yards. . Commissioner Smiley noted that, since the City is taking better care of the trees in the boulevard, it is now in a position to begin planting more trees. She also noted that Bozeman is designated as a Tree City USA, and she supports continuing to maintain the existing urban forest and planting more trees. Ms. Shirley Powell, 8 Teton Avenue, indicated she does not object to the 60-cent increase in the assessment for a 7/ 500-square-foot lot, but she noted the fee seems to consistently go up. She stated that she has testified on this issue in the past, and it seems there is no end to the increases. She noted the City Manager has indicated that 3 percent of the increase is to cover inflationary costs, including salary increases; however, those on state retirement got only a 1 %-percent increase. She concluded by encouraging the Commission to consider those who are retired and on fixed incomes, who do not get even a 3-percent increase . to help cover the costs of the increases in a variety of bills. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Commission Resolution No. 3257, levying and assessing tree maintenance district assessments for Fiscal Year 1998-1999/ be finally adopted. The motion carried by the following Aye and 09-08-98 ,. - 38 - No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Public hearing - waiver from provisions of Section 2-2-201. M.C.A.. to allow former Staff Attornev ChristoDher Williams to be considered for Public Defender Dosition . This was the time and place set for the public hearing a request for waiver from the provisions of Section 2-2-201, M.C.A., to allow former Staff Attorney Christopher Williams to be considered for the Public Defender position. Section 2-2-201, M.C.A., states, in part, that a former employee may not, within six months following the termination of employment, enter into a contract involving the same matters with which the former employee was directly involved during employment. Mayor Stiff opened the public hearing. City Manager Johnson noted that, included in the Commissioners' packets, was a memo from City Judge Patricia Carlson, dated August 15, forwarding background information on this requested waiver. Mr. Christopher Williams indicated a willingness to respond to questions. . No one was present to speak in opposition to the requested waiver. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Commissioner Rudberg stated this request is similar to the request forwarded by former County Commissioner Jane Jelinski. She then indicated that she supports the statutes as written and, in remaining consistent with her vote on the previous request, she will also vote against this request. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that a waiver be granted from the prohibition of Section 2-2-201, M.C.A., for former Staff Attorney Christopher Williams to be considered for the Public Defender position. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner . Youngman and Commissioner Smiley; those voting No being Commissioner Rudberg and Mayor Stiff. 09-08-98 .._ .._.______________ __.._.. __ ..n___...___..______ .......- -. _..""~ - 39 - Continued Dublic hearing - City of Bozeman - COA with deviation from Section 18.50.100.D.5.C. to eliminate an off-street oarkina lot interior landscaoe island on a oortion of Tract 2. Guy's Addition (108 and 110 South Bozeman Avenue) (2-98110) This was the time and place set for the continued public hearing on a Certificate of Appropriateness with a deviation from Section 18.50.100.D.5.C. of the Bozeman Municipal . Code, as requested under Application No. Z-9811 0, to eliminate an off-street parking lot interior landscape island for a new City parking lot to be constructed on a portion of Tract 2, Guy's Addition. The subject property is more commonly located at 108 and 110 South Bozeman Avenue. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission acknowledge receipt of the letter of withdrawal, forwarded by Assistant City Manager Brey, dated September 3, 1998. 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 18.24.050 and 18.50.160. BMC. to allow . construction of a new rear addition which encroaches 2% feet into the side yard setback on a house which currently encroaches into the reauired front yard and side yard setbacks on the south 140 feet of Lots 3 and 4. Block D. Tracy's Third Addition ~ Allen Gadoury. 305 West Lamme Street (Z-98124) This was the time and place set for the public hearing on the Certificate of Appropriateness, as requested by Allen Gadoury under Application No. Z~98124, with deviations from Sections 18.24.050 and 18.50.160 of the Bozeman Municipal Code to allow construction of a new rear addition which encroaches 2 % feet into the side yard setback, on a house which currently encroaches into the required front yard and side yard setbacks on the south 140 feet of Lots 3 and 4, Block D, Tracy's Third Addition. The subject property is more commonly known as 305 West Lamme Street. Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that . this application was the subject of a public hearing a few weeks ago, reminding the Commission that at that time, there was some neighborhood comment regarding the project and questions raised about the accuracy of the site plan submitted. He noted that since that time, the Planning staff, with the assistance of the Engineering staff, has gone to the site and, after measuring, determined that the original site plan was not accurate. He noted that Mr. 09-08-98 -...--.---.. - 40 - Gadoury was informed of the discrepancy and that he needed to submit a revised site plan and seek two deviations. He then briefly reviewed the deviations, to allow the expansion of the footprint of a legally non-conforming structure that encroaches into the front and side yard setbacks and to allow the rear addition to encroach into the side yard setback. He noted that . staff supported the original application and supports this one as well. He then concluded by noting that the applicant is not present. Mrs. Evelyn Petersen, 325 North Montana Avenue, stated that her experience with deviations and variances is that those making application tend to go beyond what is approved. She then expressed concern that approving deviations can result in houses being located too close together. 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, as requested by Allen Gadoury under Application No. Z-98124, with deviations from Sections 18.24.050 and 18.50.160 of the Bozeman Municipal Code to allow construction of a new rear addition which encroaches . 2 % feet into the side yard setback, on a house which currently encroaches into the required front yard and side yard setbacks on the south 140 feet of Lots 3 and 4, Block D, Tracy's Third Addition, subject to the following conditions: 1. In an attempt to minimize the somewhat awkward appearance of this long, narrow project, the applicant should seriously investigate the possibility of breaking the roof line or the wall plane to break up the pronounced linear nature of the proposal and provide additional relief to the east elevation. 2. To better relate this project to its predominantly historic surroundings, the applicant should reconsider the use of vinyl siding. Wood or masonite siding of a similar lap width as that existing would be preferable. 3. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. . 4. 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 09-08-98 - 41 - Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Discussion - FYI Items . City Manager Johnson presented to the Commission the following "For Your Information" items. ( 1 ) Letter of resignation from the Library Board of Trustees as submitted by Tutti Skaar, dated August 27, 1998. (2) Letter from the Montana Department of Transportation, dated August 25, forwarding the ranking of applications for the Fiscal Year 1998/1999 Public Lands Highway Discretionary funds. Commissioner Rudberg asked if it would be appropriate to talk to Transportation Commissioner Pat Abelin in a work session about this issue as well as other topics of concern, including the ISTEA program. (3) Letter from Advancing Cranbrook Revitalization, dated August 27, seeking . information on Bozeman's Design Objectives Plan. (4) Copy of a letter from Project Engineer Rick Hixson to County Attorney Marty Lambert, dated September 2, forwarding a map of the West Babcock Street project. (5) Copy of the press release from the National Catholic Society of Foresters announcing that Donna Daems, former City employee, was elected to their Board of Directors. (6) Invitation to attend the City of Belgrade's open house at their new City Hall from 3:00 p.m. to 7:00 p.m. on September 18. (7) Copy of an article entitled Dog Days, published in the September 1-7, 1998, edition of the C'Ville Weekly, forwarded by City Attorney Luwe. (8) Notice of a dinner and auction for the Humane Society of Gallatin Valley to be held on September 11 at the Gallatin Gateway Inn. . (9) Newsletter from the Headwaters Recycling, announcing that the next meeting is to be held in Boulder on September 9. (10) Agenda for the Development Review Committee meeting which was held at 10:00 a.m. this morning. 09-08-98 - 42 - (11 ) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, September 9, in the Conference Room of the Professional Building. (12) Agenda for the County Commission meeting which was held at 1 :30 p.m. today. . (13) City Manager Johnson submitted the following. (1) Noted that the Engineering Department will be closed on September 10 and 11 to move into its newly remodeled offices. He stated the Planning Department won't be moving until the whole project is completed. (2) Noted the 9-1-1 center is having difficulty hiring a director, so he has suggested the Board look at local talent, possibly in the Police Department or some other department, with administrative skills, to serve on an interim basis and then go back through the process of hiring a director. He stated that an alternative would to be look internally for someone to fill the position. He then indicated that, following last week's Board meeting, he and County Commissioner Olson toured the new center. (3) Met with County Attorney Marty Lambert last week. (4) Attended the school teacher orientation. (5) Met with Keith Swenson regarding the hospital property and the proposed traditional neighborhood development and with Rick Barber . regarding the Valley West Annexation. (6) Met with Bea Taylor regarding the Bozeman Solvent Site and the potential effects on her property. (7) Attended the Planning Board and the Recreation and Parks Advisory Board meetings last week. (14) The City Manager gave a brief update on utility deregulation, noting that staff is learning what it means. He noted that the only portion of the electrical bill open to negotiation is the generation of the power, which is a small portion of it. He stated that the window of savings is very narrow, and care must be taken not to make a mistake in negotiating the rates. He noted that Bozeman is participating in the League's aggregation program, under which a contract is being sought for a block of power. Under the deregulation, the City could become a supplier of power, and one of the advantages could be acting as a price leader. He cautioned that the down side is that this approach is opposite from previous conversations . about privatization. He suggested that, to take advantage of this opportunity, the City may wish to adopt local ordinances stating the City could be in the business of supplying electrical service to residents, noting that the City of Helena has just completed that step. He stated that during the upcoming legislative session, a statutory change will be sought under which the City 09-08-98 - 43 - would become the default supplier. He then indicated that similar steps will be taken with the natural gas program as deregulation of that utility is undertaken. (15) The City Manager stated that he attended a City Manager's meeting a couple of weeks ago. He noted that 9-1-1 systems were discussed at that meeting, and indicated that . many repeater sites are being developed and, with technology changes, some of those sites may not be needed. He stated that they toured the Centennial Park project in Helena, which is a remodel project similar to the traditional neighborhood concept being discussed here. (16) Assistant City Manager Ron Brey stated that an intern has been gathering information on affordable housing programs and is preparing a packet of information for submittal to the Commission. He noted that if the Commission finds any elements or programs that it likes, then staff could be directed to evaluate them is some level of detail. (17) Commissioner Youngman stated that, after last week's discussion on the wetlands grant, she called Helena about the unrealistic timeline and found that the City has more time than anticipated. She noted there are two different pots of money, one of which is handled at the State level and one of which is handled at the regional level. She stated that, . since the County's only real concern was timing, it appears that a grant application may be possible. She then noted that almost every development proposal submitted includes wetlands issues, and more accurate mapping could be beneficial to everyone involved. ( 18) Commissioner Smiley suggested that a new agenda item be added, entitled "Commissioner projects", under which Commissioners can discuss upcoming issues. She noted that the Commission seems to be rushed under this agenda item, and the new agenda item could be beneficial. Commissioner Rudberg requested that this proposal be discussed in a work session. (19) Commissioner Rudberg submitted the following. (1) Stated that a Board of Health retreat has been scheduled for Monday, October 26, beginning at 4:30 p.m. She noted, as a result, she will be able to attend only the afternoon portion of that meeting. (2) Stated . she has requested that the Board of Adjustment forward copies of its minutes to the Commission and encouraged other Commissioner Liaisons to ask their boards to forward minutes as well. She then noted that the Commission has previously discussed the possibility of replacing board members who miss more than three meetings but not acted on it formally. (3) Asked if any follow-up has occurred on the Arcadia Garden issue. The City Manager 09-08-98 ..-..-------- - 44- responded that efforts are being made to ensure that the new manager receives the training necessary to meet the requirements of the funding package. (4) Encouraged the Commissioners to review the minutes from the Recreation and Parks Advisory Board meeting, particularly the section pertaining to Bogert Park. (5) Stated she feels it is important for the . Commission to review the administrative policies in the Planning Department. (20) Commissioner Rudberg stated she has received a number of telephone calls regarding the Design Review Board and the fact that they seem to be regressing back to where they were previously. She then noted it was her understanding that they would seek public input regarding their process, but it seems they are simply conducting a self review instead. Commissioner Youngman stated she needs some concrete examples prior to reacting. Commissioner Rudberg noted that, following the major evaluation a year ago, the importance of having the applicants evaluate the process was recognized. She stated, however, that some people are afraid to complain because of the negative impacts such complaints may have on their future projects. Commissioner Smiley noted that the Planning Board has a development oversight sub- . committee to whom applicants may go if they have complaints about specific staff members or how a project was handled. Preliminarv Dlat - Osterman Minor Subdivision - M.M. Nash - subdivide 12.111 acres known as Lot 1A. Minor Subdivision No. 41A. into five lots for commercial uses (between East Frontage Road and 1-90) (P-9840) This was the time and place set for review of the preliminary plat for the Osterman Minor Subdivision, as requested by M. M. Nash under Application No. P-9840, to subdivide Lot 1 A, Minor Subdivision No. 41 A, located in the Southwest one-quarter of Section 9, Township 2 South, Range 5 East, Montana Principal Meridian, into five lots for commercial uses. The subject property is located between East Frontage Road and Interstate 90, just west of Shawnee Way. . Associate Planner Chris Saunders presented the staff report on behalf of Associate Planner Jody Olsen. He noted that one of the lots will gain access from US Highway 10 while the remaining four lots will gain access from Osterman Drive. The Associate Planner stated that the Planning Board conducted the public hearing on 09-08-98 - 45 - this preliminary plat at its August 18 meeting and, following that hearing, concurred in staff's recommendation for approval subject to 23 conditions. Mr. Dennis Foreman, Gaston Engineering, indicated his concurrence with the staff report and recommended conditions of approval. He then stated a willingness to respond to . questions. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the preliminary plat for the Osterman Minor Subdivision, as requested by M. M. Nash under Application No. P-9840, to subdivide Lot 1A, Minor Subdivision No. 41A, into five lots for commercial uses, subject to the following conditions: 1. The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations 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, a nd all required and corrected certificates. Two clothback (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 % -inch floppy disk. . 2. The final plat shall show appropriate public utility easements (PUEs). The PUEs shall be centered along side and rear lot lines whenever possible and, if placed in the street or road, shall be located in a location required by and agreed upon in writing by all the appropriate utility companies and the City of Bozeman. Rear and side yard utility easements shall be twenty (20) feet wide, centered on lots lines and front yard utility easements shall be twelve (12) feet wide, except the appropriate governing body may require easements for sanitary sewer, storm sewer, and water lines to be thirty (30) feet wide. In the event front yard easements are used, rear yard easements must still be provided unless written confirmation is submitted to the Planning Office from ALL utility companies indicating that front yard easements only are adequate. 3. Where a utility is to be located in an existing, dedicated right-of-way, an encroachment permit must be obtained from the Montana Department of Transportation. 4. The final plat must contain the appropriate right of access statement. . 5. Prior to final plat approval, street and stop signs shall be placed at all intersections as part of the required improvements. The street signs shall conform with the standards outlined in the Bozeman Area Subdivision Regulations. 6. The one-foot wide "No Access" strip provided between proposed Lots 1 A-1, 1 A-2 and 1 A-4 and Highway 10 shall not cross through any drive accesses. 09-08-98 ---..-------- .... ._. ..____n_____..___ ____n - 46 - 7. The developer shall have the name of the proposed street reviewed and approved by the City Engineer and the County Road Office to ensure that it does not duplicate the name of another existing street in the area. 8. Before the final plat is approved, the developer shall ensure that all construction and other debris is removed from the site, including concrete, asphalt, dead trees and shrubs, and fencing materials. . 9. As part of the required improvements, the proposed cul-de-sac shall be signed "No Parking" with signs approved by the City of Bozeman's Sign Department. 10. The final plat shall contain all of the required certificates with the language found in the Bozeman Area Subdivision Regulations. 11. The use of the lots shall be designated on the final plat if not for residential development. 12. The developer shall obtain permits from MOoT for any new accesses onto Highway 10, and a copy of the permit(s) shall be provided to the City Engineer's Office. If access has already been approved by MDoT, the developer shall provide proof of this encroachment permission to the City Engineer's Office prior to installation of the new street or a new access. 13. The Montana Fish, Wildlife and Parks; Natural Resources Conservation Service; Montana Department of Health and Environmental Sciences; and the Army Corps of Engineers shall be contacted regarding the . proposed project and any required permits. Any permits required by other agencies having jurisdiction (i.e. 310, 404, Turbidity exemption, etc.) shall be obtained by the applicant and copies provided to the Planning Office prior to approval of the related plans and specifications or construction of the intended work. Specifically, prior to commencement of any work on the site, the developer shall provide the Planning Office with a copy of a Section 404 permit, or written notification that a 404 permit is not needed, from the U.S. Army Corps of Engineers. 14. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter and sidewalks) prepared and signed by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality (MDEQ). The applicant shall also provide professional engineering services for construction inspection, post- construction certification, and preparation of mylar record drawings. The Engineer shall provide a pavement design report for the proposed streets. 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. 15. All infrastructure improvements, including: 1) water and sewer main extensions, and 2) public or private streets including curb and gutter, sidewalks and storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to filing of the final plat. No building permits will be issued prior to completion and acceptance of the public infrastructure improvements. 09-08-98 - 47 - 16. The applicant shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest the Creation of SIDs for the following: a. Street improvements to Frontage Road/U.S. Highway 10, including paving, curb and gutter, sidewalks and storm drainage facilities for % of a City standard street. The waiver shall specify that in the event . SIDs are not utilized for the completion of these projects, the applicant agrees to participate in an alternate method of financing for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, traffic contribution, or a combination thereof. b. City.wide park maintenance district(s) for the equitable funding of City park maintenance. 17. A Stormwater Grading, Drainage and Treatment Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease and other pollutants from the run-off from the private and/or public streets and private property must be provided to and approved by the City Engineer. 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 must be provided to and approved by the City Engineer. The plan shall include the following: description of maintenance operations, frequency of inspections and maintenance, responsible parties and record keeping methodology. 18. A property owners' association shall be created to provide maintenance in accordance with the Maintenance Plan. It is further recommended that implementation of the Plan be included in the covenants and therefore a condition of final plat approval. 19. The proposed six (6) inch water main in Osterman Drive shall be a minimum of an eight (8) inch main. 20. The proposed water and sewer services for Lot 1 A.1, from the existing mains in U.S. Highway 10, shall be installed with future development of this lot. . 21. City standard sidewalks shall be installed and properly depicted at the standard location (i.e., one foot off property line) along Osterman Drive street frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. These improvements shall be completed prior to final plat approval or secured by an improvement agreement and financial guarantee. 22. If construction activities related to the project result in the disturbance of more than five (5) acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of 09.08.98 - 48 - Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required by the MDEQ, an erosion/sediment control plan shall be prepared for disturbed areas of five (5) acres or less if the point of discharge is less than 100 feet from State Waters. 23. The proposed new street (Osterman Drive) shall comply with Section 16.16.080 of the Bozeman Municipal Code in regards to angle at . intersection centerline (75 degrees). 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. ApDellate hearina - decision of the ImDact Fee Review Committee. forwarded bv Lowell Svringer on behalf of Don Bockhahn for Carson Place This was the time and place set for the appellate hearing on the decision of the Impact Fee Committee, as requested by Lowell Springer on behalf of Don Bockhahn for Carson Place Townhouses. Included in the Commissioners' packets was a memo from Impact Fee Coordinator Chris Saunders, dated August 12, forwarding the relevant information for this hearing. . Mayor Stiff opened the appellate hearing. Impact Fee Coordinator Saunders reminded the Commissioners that impact fees were adopted on January 22, 1996, and became effective on March 23, 1996. He noted that an appeal process was included in the program and briefly reviewed that process, which provides for appeal of an official's decision to the Development Impact Fee Review Committee and appeal of that Committee's decision to the City Commission. The Impact Fee Coordinator stated that, on December 22, 1997, Mr. Lowell Springer sent a letter to the Planning Department outlining his case and requesting a waiver of the impact fees for Carson Place. Staff reviewed that request and, on March 18, notified Mr. Springer that the request was not approved. The Coordinator noted that decision was appealed . to the Development Impact Fee Review Committee and, following its review of the information at its July 20 meeting, the Committee upheld the staff's decision. He stated that decision is now being appealed to the Commission. Mr. Joby Sabol, attorney representing Mr. Don Bockhahn, reviewed the history of the Carson Place Townhouse project, noting that it began on June 30, 1992. He noted that the 09-08-98 -. .-.-. .-......--..---.------- - 49 - application was originally submitted for a 21-unit townhouse project, which appeared to be a relatively simple project. He noted that when this project was undertaken, impact fees did not exist and they were, therefore, not taken into consideration during the initial reviews. He noted that this project was reviewed by the Design Review Board and, because of the length of time . that this project took, it went through a second and even a third review. He also noted that, because of the length of time involved, each time the project was reviewed, it was by a different group of individuals, and their conclusions resulted in frustrations and redesigns for the appellant. Mr. Sabol noted that when the Commission approved the application in 1996, it was with a condition that South 13th Avenue adjacent to this property be re-established. He noted that South 13th Avenue had been platted at one time and, at some time many years ago, it was abandoned. He stressed that, while the City has the option of pursuing condemnation, Mr. Bockhahn, as a private individual, could only negotiate with his neighbor, who is an out-of- state property owner. He noted that this requirement resulted in Mr. Bockhahn needing to submit a preliminary plat for the neighbor's property and, as part of the negotiations, he agreed e to extend water and sewer services to the neighbor's property. He then stated that requiring Mr. Bockhahn to go beyond his property and negotiate with another party to re-establish a street corridor placed an undue burden on the appellant and created a very extended timeframe. He noted that, at the outset of the project, there were no impact fees, and encouraged the Commission to consider this factor as well as the reason for the extended timeframe when making a decision. Mr. Don Bockhahn, appellant, stated he spent two years in negotiations with the adjacent property owner to obtain the needed right-of-way for the extension of South 13th Avenue. He briefly highlighted the negotiation process, noting that after meeting many demands, he indicated that he would not do any more in exchange for the right-of-way, since he had already stubbed the water and sewer services to that property. He then noted this . process took two years. Impact Fee Coordinator Saunders reviewed the information in his memo dated August 12, noting that impact fees were enacted in early 1996 and became effective on March 23, 1996. He noted that if a complete building permit application was filed by March 23 and the permit drawn by September 23, 1996, no impact fees were assessed; and the application for 09-08-98 """'.,- -----. ---... __n__.___ -...-...... ._--.~ - 50- this combined major subdivision and zoning planned unit development was not heard and approved by the Commission until June 2, 1997. He noted that, as a result of this timeline, there was no project in place and no potential for obtaining a building permit prior to the end of the grace period. . The Impact Fee Coordinator noted that the appellant had the opportunity to appeal the conditions of approval but did not do so. He also noted that the cost of providing infrastructure to a site is a standard requirement for almost any subdivision within the city, including local streets adjacent to a development. He acknowledged that the process has been long and drawn out, but suggested that the timeline is not relevant in this appeal. He stated, rather, the issue is whether administrative staff made an error in interpreting the ordinance, and staff believes that since no application had been approved by the time impact fees became effective, they had no option but to make the decision that impact fees apply to this project. Responding to Commissioner Frost, the Impact Fee Coordinator characterized access as one of the most fundamental issues for subdivision. Mr. Lowell Springer, architect for the appellant, noted that during the Impact Fee . Review Committee's review of this request, one of the members commented that fairness is what the appellant is seeking, and the committee does not have the latitude to address that issue. He stressed, however, that that process had to be completed before the appeal could be forwarded to the Commission, where fairness is an issue that can be taken into consideration. Mr. Springer noted that when the first set of plans for the project, which was for condominiums, was submitted, the Development Review Committee reviewed them and asked that South 13th Avenue be extended to West Babcock Street, which required a complete revision of the project. He stated that when the second set of plans was submitted, they were required to redesign the plans to incorporate South 13th Avenue, and one of the conditions was that the appellant acquire the needed right-of-way for that street. He stressed that this . process was difficult because there was no incentive for the neighbor to give up a valuable chunk of land for the street and the applellant had no power to require the dedication of right- of-way. He also noted that, to further complicate the issue, just when the appellant had an agreement for acquisition of the right-of-way, the property changed hands and he had to start 09-08-98 . __.._ u_ .-..--.--.-..--.- .--. ..-.-.--.---- --,,-.-.- ------.--- _________n__ .. - 51 - the process over. He then concluded by encouraging the Commission to address this request as an issue of fairness. Since there were no Commissioner objections, Mayor Stiff closed the appellate hearing. Commissioner Rudberg recognized that this project has taken a long time, noting that . it was approved by the Commission and yet, twenty months later, no building permit has been drawn. She stated that, while she feels bad about the delays, this request does not meet the guidelines for granting an exception to the impact fees. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission uphold the decision of the Impact Fee Review Committee and not allow waiver of the impact fees as requested by Lowell Springer on behalf of Don Bockhahn for Carson Place Townhouses. 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. ADDellate hearina - decision of the ImDact Fee Review Committee. forwarded bv Lowell . SDrinaer on behalf of Osterman Mini-Warehouses This was the time and place set for the appellate hearing on the decision of the Impact Fee Committee, as requested by Lowell Springer on behalf of David Osterman for Osterman Mini-Warehouses. Included in the Commissioners' packets was a memo from Impact Fee Coordinator Chris Saunders, dated August 12, forwarding the relevant information for this hearing. Mayor Stiff opened the public hearing. Impact Fee Coordinator Saunders presented the staff report. He once again reviewed the history of impact fees, noting they became effective March 23, 1996. He noted that the code also establishes the appeals process, which allows aggrieved persons to pursue relief. He reviewed that process, noting that the City Commission may be requested to conduct an . appellate hearing if the appellant is dissatisfied with the determination of the Impact Fee Coordinator and, subsequently, the decision of the Impact Fee Review Committee. The Impact Fee Coordinator noted that, in this instance, the application for the Osterman Mini-Warehouses was made prior to the March 23, 1996, deadline, but the building permit was not drawn. He noted the appellant reapplied for a permit on January 27, 1998. 09-08-98 - ---- ----.- - - .---- ----.. -- - 52 - Impact Fee Coordinator Saunders indicated that the appellant has requested that the impact fees be waived because this project was underway prior to the initiation of impact fees. He then indicated that staff considered this request and determined that impact fees are due since the initial application for building permit expired without an extension being sought. He . then noted that at its meeting on June 24, the Impact Fee Review Committee upheld staff's determination and that determination is the subject of this hearing. Mr. Joby Sabol, attorney representing David Osterman, stated there is no question about when the appeal was made relative to when the decision was made about impact fees. He noted it was his impression from the July 20 Commission meeting that the issues were to be clarified and narrowed so the process could be expedited during this hearing. He noted, as a result of that meeting, he submitted a letter on July 31, 1998; however, no dialog has occurred with any City staff since that time. Mr. Sabol then highlighted the information he had submitted in writing, noting that in a letter dated February 26, 1996, Associate Planner/Urban Designer Dean Patterson forwarded the list of 45 conditions for approval of this project. He drew the Commission's attention to . the first several sentences of the second paragraph of that letter, noting that it indicated the City would allow an application for a building permit to be submitted before final site plan approval to meet the deadline for submittal of applications prior to the implementation of impact fees. He noted that this project was then placed on the back burner because Planner Dean Patterson was assigned to the Costco project, which was an important and time-consuming project; and then he left the City's employ. He stated that this project involved the installation of a sewer line through the Idaho Pole property, with testing and scoping of the existing line and, since the Idaho Pole property was the subject of a contamination problem, this project was put on the back burner. He noted that off-site easements were also required, and Mr. Osterman negotiated with landowners to obtain the necessary easements. He stated those easements were submitted to the City and apparently misplaced, so Mr. Osterman was required . to obtain new easements with some revised language included. He noted that, since one of the landowners involved had been in a squabble with the City, he refused to sign the new easement, thus requiring the redesign of the sewer and acquisition of new easements. He indicated that the results of scoping and testing the line by Mr. Osterman's contractor were not 09-08-98 -------- -- -- .--. .__.._...m_ _... _.__n_ - 53 - accepted by the City, and it was necessary to wait until the next spring before those tests could be done again. Mr. Sabol stated that the next hurdle was a City request for redesign of the project to preserve the mature cottonwood trees on the site. He noted that a waterway bisects the . property, and Mr. Osterman has obtained a 310 permit to allow building a bridge across it. He stated, however, that when his client began placing stringers across the waterway, each one weighing 60,000 pounds, City staff determined they were in violation of the conditions, and that determination added confusion and consternation to the matter. And, as a result of those concerns, a new map delineating the floodplain was required, after which it was determined the original map was accurate. He stated that all of these issues and problems added a considerable amount of time to the project. Mr. Sabol noted that, throughout the process, in addition to the 45 conditions originally imposed on the project, 17 more were added, then 11 more and, finally 4 or 5 more. He then indicated that the sole basis of this appeal is the passage of time because of breakdowns in the process of dealing with the City. He concluded by noting that, based on the issue of fairness, . he feels the waiving of impact fees is appropriate. Commissioner Frost noted that the letter dated February 22, 1996, was sent to the appellant's architect, who deals with the City on a regular basis and knows the City's processes. He then suggested that, as a result, the appellant's representative knew what to expect and when and should have submitted the necessary documents at the appropriate times. Mr. Lowell Springer, architect representing the appellant, recognized that, to meet the timeline to avoid impact fees being assessed, the applications for building permits were required by March 23, and he submitted the necessary applications on March 21, 1996. He noted, however, that one of the requirements for issuance of the building permits was completion of the conditions for the final site plan, and he characterized that as a moving target. He stated . that the chronology of the project, which was included in the packet of information, reflects the lengths of time that some responses took. Mr. Springer voiced his frustrations over the difficulties encountered in attempting to meet all of the conditions of approval for the final site plan, so that building permits could be 09-08~98 - ----------- ___._______ ____n__ - 54 - drawn. He stated, however, that those conditions have finally been met, and the appellant is now ready to draw building permits. Impact Fee Coordinator Saunders briefly reviewed the history of this project once again. He noted that the project was approved by the City-County Planning Board, subject to 45 . conditions. He stated that all of those conditions of approval were appealable to the City Commission, but no appeal was made. He noted that the appellant did meet the original deadline for not incurring impact fees by submitting the building permit application on March 21, 1996; however, no final site plan was submitted to the Planning Office prior to September 23, 1996, and no extension of the building permit approval was sought. He then noted the second building permit application was submitted on January 27, 1998, which is 22 months after the deadline for obtaining an exemption to the impact fees. He also noted that four extensions for the final site plan have been submitted to, and approved by, the Planning Office. The Impact Fee Coordinator stressed the key factor is that no building permit was drawn by September 23, 1996, nor was an extension sought. He then indicated that the application for the Costco project was received after the September 23 deadline and, therefore, . did not affect on this project. He also noted that he has not seen any letters or other documents establishing additional conditions for approval of the final site plan. Mr. Lowell Springer stated that there was an on-going dialogue between him and the City staff, on an almost daily basis. He noted that he made application for the building permit at the appropriate time to avoid impact fees, and he asked for and received extensions to the final site plan because of the difficulties he was encountering. He also expressed concern about the required easements being lost, thus leading to renegotiations, the acquisition of new easements and redesign of the system. He asked that the Commissioners consider these factors when making their decision, stressing that fairness is an important part of the decision since these are items over which the appellant had no control. Mr. Springer stated he has documentation that changed the conditions and added conditions. He concluded by . encouraging Commission approval of this appeal. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission uphold the decision of the Impact Fee Review Committee and not allow waiver of the impact fees as requested by Lowell Springer on behalf of David Osterman for Osterman 09-08-98 --- --.---- -- - 55 - Mini-Warehouses. 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. . Discussion - FYI Items (continued) (21 ) Commissioner Rudberg noted that the Clerk of the Commission has provided the Commissioners with a listing of the board members. She suggested that an advertisement be run to seek applications to fill existing vacancies. She also suggested that a work session be placed on the agenda this month to identify issues with memberships on the various boards. (22) Commissioner Rudberg stated she has been reviewing the claims over the past two years and requested additional information on those about which she had questions. As a result of those reviews, she has become concerned about the food being purchased by one department for its employees, particularly since no other departments do so. She then asked if this is a matter that the Commission needs to discuss and determine what is and what is not acceptable. . Mayor Stiff noted that, in this instance, the Commission is dealing with a "department that marches to a different drum" and cautioned that the Commission is also limited in its actions which affect the judicial branch. Commissioner Youngman characterized this as an administrative issue. She recognized it is the Commission's responsibility to review the claims listing prior to approving it, but any of the issues identified should be referred to the City Manager. Commissioner Frost stated his concurrence with Commissioner Youngman's comments. Adjournment - 9:20 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be . adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. 09-08-98 - 56 - A!!::::S~ti;;;; ~ I ATTEST: . ~ f.L~ ROBIN L. SULLIVAN Clerk of the Commission . . 09-08-98