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Home My WebLink About1998-04-20 Minutes, City Commission ------.-- - -.---..-----. ..-----..- - .-.-...-. - ". -.. .._ _. - n.._. _.. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 20, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, April 20, 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. At Mayor Stiff's request, Clerk of the Commission Sullivan stated that the support information for agenda items is now being made available to the public in a notebook at the back of the room, and encouraged anyone interested in reviewing that information to do so . during the meeting. Responding to Mayor Stiff, City Attorney Luwe stated that attending meetings in other communities can result in gaining good ideas which can improve our meetings. Minutes - March 2. March 30. Amil 6 and ADril 13. 1998 Mayor Stiff deferred action on the minutes of the meetings of March 2, March 30, April 6 and April 13, 1998, to a later date. Decision - Commission Resolution No. 3230 - intent to establish a 1998 Sidewalk Proaram This was the time and place set for a decision on the intent to establish a 1998 Sidewalk Program, as set forth in Commission Resolution No. 3230, approved by the City Attorney and . entitled: COMMISSION RESOLUTION NO. 3230 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A 1998 SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. 04-20-98 . -. ..- ".....--- . -- -. -.----.--- - 2 - Included in the Commissioners' packets was a memo from City Engineer Craig Brawner and Engineering Assistant Andy Kerr, dated April 13, forwarding responses to issues and questions raised during the public hearing held at the April 6 meeting. Attached to the memo was a revised 1998 Sidewalk Priority List, dated April 10. . Responding to Mayor Stiff, City Engineer Craig Brawner stated that, based on input from the City Attorney at last week's agenda meeting, after the Commission orders the sidewalks installed, then the property owners involved may try to reach a compromise under which sidewalks would be installed on one side of the street only. That alternative could then be forwarded to the City Commission for consideration and, if approved, the Commission could then amend its original order. He noted that, without an order to install sidewalks, residents of an area typically will not work in earnest to develop a compromise to be considered by the City. City Engineer Brawner noted that under the City's sidewalk policy, a sidewalk may meander onto private property; it can meander toward the curb, although staff prefers that it not run along the curb for any extended distance; or its width may be narrowed to alleviate . impacts on landscaping. Responding to Mayor Stiff, the City Engineer recognized that sidewalk along the South Black Avenue frontage of the Woodbrook development will impact some of the mounding; however, he suggested efforts will be made to ensure that it is as minimal as possible. Further responding to the Mayor, City Engineer Brawner stated the onus to develop a compromise is on the residents; City staff will not playa part in negotiating such an agreement. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission reaffirm its action of March 2, and authorize and direct staff to bring back a resolution ordering the installation of sidewalks in the following subdivisions: Valley Creek Subdivision, Phases I and II; West Babcock Subdivision; Westgate Subdivision; Cascade Subdivision, Phases II and III; Bridger Creek Subdivision, Phase I; Brookside Subdivision; . Babcock Meadows, Phase I; and Greenway Subdivision. 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. Commissioner Rudberg stated that she cannot support requiring the installation of sidewalks under the proposed sidewalk program, indicating she does not feel it is appropriate 04-20-98 .- - 3 - to require the elderly, those on fixed incomes, low-income families and young families bear the costs. She further noted that the cost of sidewalks is not limited to installation, but includes snow shoveling and maintenance and repair in the future. Commissioner Rudberg noted that the recently completed needs assessment ranked . sidewalks as 16th in the list of priorities, which seems to suggest that people in the community do not feel that sidewalks need to be installed in subdivisions where they were not previously required. She stated that individuals may still install sidewalks if they want to and, in some areas, neighbors may decide to participate in that installation as well. Commissioner Smiley stated that she feels the installation of sidewalks will help to define the public rights-of-way and help to ensure that they are available for public use. She noted that, from the information she has received, it appears there are instances where people shout at those who walk in the public right-of-way when there are no sidewalks. The result is that people walk in the streets, which is unsafe. Commissioner Youngman characterized sidewalks as part of an urban community, noting they make it safer for children, the elderly and everybody in between to walk around town. . She stated that voluntary efforts will not create the network which is necessary for people to move safely through neighborhoods. She indicated that, in this instance, she feels public safety outweighs the short-term costs and the impacts to existing landscaping. Commissioner Frost stated that the safety of children is his primary concern. He noted that there are 92 children in this area, many of whom walk in the street to reach the school bus. He also stated that sidewalks tie a community together, which he feels is important. Mayor Stiff indicated this is a "closer call" for him than it has been for the other Commissioners. He noted that he has heard the sidewalk policy a number of times over his years on the Commission and has listened to arguments on both sides of the issue. He stated that after considering all of the issues, however, he will support the proposed sidewalk program. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct staff to bring back a resolution ordering the installation of sidewalks identified in Commission Resolution No. 3230. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No being Commissioner Rudberg. 04-20-98 ....---.----- - ~-- ..---------- .--------.. .-.-..--- --------.--- .____ - _.n _ _ ___ - 4 - Minor Site Plan/Certificate of ADDroDriateness - to allow imDrovements. including restroom facilities. fishing Diers. Dicnic tables and outdoor grills. sidewalks. walkways and parking areas on 16.5-acre Darcel described as Tract 2. cas No. 1553 (Bozeman Ponds CTEP Droiect. located northeast of intersection of West Main Street and Fowler Avenue) (Z-9827) This was the time and place set for review of the minor site plan and Certificate of Appropriateness for the Bozeman Ponds CTEP project, as requested under Application No. . 2-9827, to allow improvements, including restroom facilities, fishing piers, picnic tables and outdoor grills, sidewalks, walkways and parking areas, on a 16.5-acre parcel described as Tract 2, Certificate of Survey No. 1553. The subject parcel is located along the east side of Fowler Avenue, north of its intersection with West Main Street. Associate Planner/Urban Designer John Sherman presented the staff report. He stated that under the zone code, development on "Public lands and Institutions" zoned property is subject to review and approval by the Commission, based on the recommendations of the Development Review Committee and the Design Review Board. He noted that both the DRC and the ORB and reviewed this application and, on March 24, both bodies forwarded unanimous support for the proposed improvements at the Bozeman Ponds site. The Associate . Planner stated that those boards also concurred with staff's recommendation that six conditions be attached to the approval, to ensure that the proposed improvements meet code requirements as well as accessibility standards. Commissioner Rudberg characterized the improvements to the Bozeman Ponds as "an incredible contribution to the community" and thanked the Breakfast Optimist Club for its efforts. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the minor site plan and Certificate of Appropriateness for the Bozeman Ponds CTEP project, as requested under Application No. 2-9827, to allow improvements, including restroom facilities, fishing piers, picnic tables and outdoor grills, sidewalks, walkways and parking areas, on a 16.5-acre parcel described as Tract 2, Certificate of Survey No. 1553, . subject to the following conditions: 1. The applicant shall provide a final site plan that addresses phasing of the project, including parking, paving, drainage and grading, roadway alignment, water and sewer service and other requirements as determined by the Engineering, Water and Sewer and Fire Departments. 2. The applicant shall pave the handicap parking spaces and will pave the remainder of the parking area as funds become available. It is anticipated that funding will be available within one year. 04-20-98 --------- .- ., - 5 - 3. The applicant will provide a handicap accessible path to at least one fishing pier. 4. Site amenities, including trash receptacles, bicycle racks, security lighting, etc., shall be shown on the final site plan. 5. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. . 6. Any modifications of the final site plan must be submitted to the Planning Department for review and approval. 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. Preliminary Dlat review - Rocky Mountain Enaineers for HiLand Properties. Inc. - HiLand Minor Subdivision - subdiyide 2.9182-acre Darcel known as Tract A. Amended Plat C-23-B. into two tracts (located alona north side of East Main Street between Chamber of Commerce and Exxon) (P-9810) This was the time and place set for review of the preliminary plat for the HiLand Minor Subdivision, as requested by Rocky Mountain Engineers for Hiland Properties, Inc., under . Application No. P-9810, to subdivide a 2.9182-acre parcel known as Tract A of Amended Plat C-23-B into two tracts. The subject property is located along the north side of the 1200 block of East Main Street. Associate Planner Chris Saunders presented the staff report. He stated the subject property is located at 1207 East Main Street, with access to the parcel being located between the Exxon station and the Chamber of Commerce. He indicated that under this application, the area where the existing single-family house is located is to be divided into a lot separate from the remainder of the site. The Associate Planner stated that the City-County Planning Board held its pUblic hearing on this application at its April 7 meeting. Following that hearing and consideration of the criteria and written staff report, the Board concurred in staff's recommendation for approval, . subject to seven conditions. He noted that the City Attorney has subsequently recommended that Condition No.3 be modified to read "The public road easement shall be approved and accepted by the City prior to or concurrent with the approval of the final plat application." Mr. Ray Center, Rocky Mountain Engineers, stated his agreement with the conditions, including the proposed changes to Condition No.3, noting he plans to address the condition 04-20~98 -------...--- ---- - ------- ~ - --.-.--- ----.--- __..._. .._ ._____ __ _____ _n____ ,. - 6 - with a note on the face of the plat. He then indicated a willingness to respond to questions. Responding to Mayor Stiff, Mr. Center confirmed that the subject property lies west of the alignment for the extension of Highland Boulevard. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the . Commission approve the preliminary plat for the Hiland Minor Subdivision, as requested by Rocky Mountain Engineers for Hiland Properties, Inc., under Application No. P-9810, to subdivide a 2.9182-acre parcel known as Tract A of Amended Plat C-23-B into two tracts, subject to the following conditions: 1. Section IX of the Articles of Association shall be amended to include a statement that the Association may not be disbanded without the written approval of the City Commission of the City of Bozeman. This is because the Association is responsible for maintaining the legally required physical access to the property. If the Association wishes to disincorporate in the future some other mechanism for maintenance of the pUblic road easement must be provided. 2. A utility easement shall be provided along the north boundary of Lot 1 and a corresponding easement on Lot 2 or the applicant shall submit with their final plat written agreement from the utility companies to utilize easements as depicted on the preliminary plat. . 3. The public road easement shall be approved and accepted by the City prior to or concurrent with the approval of the final plat application. 4. The street easement shall not be named. 5. The water service presently serving the house from the shop shall be disconnected and capped. A new water service to the house shall be provided after application for service has been approved. 6. The further subdivision of the proposed Block 1, Lot 2 shall require additional review. Changes to the existing water and sanitary sewer service connections may be required at that time. 7. The developer shall have one (1) year from the date of preliminary approval to complete the above conditions and apply for final plat approval. 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. . Preliminary Dlat reyiew - Survco SurveYing for Norwest Bank of Montana and Robert & Nancy PlanalD - aggregate all or Dortions of eighteen lots and a Dortion of vacated alley in Block C. Tracy's First Addition. into two lots (block bounded by West Main Street. North Grand Avenue. West Mendenhall Street and North Third Avenue) (P-9809) This was the time and place set for review of the preliminary plat for a major subdivision, 04-20-98 .....,.--,-- ~ - 7 - as requested by Survco Surveying for Norwest Bank of Montana and Robert and Nancy Planalp under Application No. P-9809, to aggregate Lots 1 through 17 and the west one-half of Lot 18 and a portion of the vacated alley in Block C, Tracy's First Addition, into two lots. The subject block is bounded by West Main Street, North Grand Avenue, West Mendenhall Street and North . Third Avenue. Assistant Planning Director Debbie Arkell presented the staff report. She stated that under this proposed aggregation of lots, portions of eighteen lots and a portion of the vacated alley are to be combined to create two lots, one containing the Norwest Bank and its drive-up facility and parking area, and the other containing the building which will house some of the Gallatin County offices and its attendant parking area. The Assistant Planning Director stated that staff has reviewed this application in light of the criteria established in the State statutes, and the staff's comprehensive findings are contained in the written staff report which has been submitted to the Commission. She then indicated that the City-County Planning Board conducted its public hearing on this application at its April 7 meeting. Following that public hearing, the Board voted to grant the waiver of . the Environmental Impact Statement and the Community Impact Statement and forward a recommendation for approval of the requested aggregation, subject to two conditions as recommended by staff. Mr. Rick Gustine, Survco Surveying, stated the applicants concur with the conditions recommended by staff and the Planning Board and indicated a willingness to respond to questions. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the preliminary plat for a major subdivision, as requested by Survco Surveying for Norwest Bank of Montana and Robert and Nancy Planalp under Application No. P-9809, to aggregate Lots 1 through 17 and the west one-half of Lot 18 and a portion of the vacated alley in Block C, Tracy's First Addition, into two lots, subject to the following . conditions: 1. The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations (August 1997 version) and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, c ertification by the State Department of Environmental Quality Subdivision Program, a final platting certificate, and all required certificates. The Certificate of Consent must be signed by all record owners of the property, and Certificates of Mortgagees must be 04-20-98 --...-. .--. --------- - ---------..".---~---.....-...- - - 8 - signed by all lien holders on the property. 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. Joint access easements shall be filed with the final plat to ensure adequate access to all affected properties. . 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. Preliminary Dlat review for West Kaay DeveloDment Subdivision - CMM Partners - subdivide 14.5821 acres described as Lot 18. Amended Subdivision 1.1-A. and Lot 2, Boylan's Addition No.1. into seventeen lots for crofessional. medical and dental offices (southwest corner of Kaay Boulevard and South 11 th Avenue) (P.9802) This was the time and place set for review of the preliminary plat for West Kagy Development Subdivision, as requested by CMM Partners under Application No. P-9802, to subdivide 14.581 acres described as Lot 18, Amended Subdivision 1-1-A, and Lot 2, Boylan's Addition No.1, into seventeen lots for professional, medical and dental offices. The subject . property is located at the southwest corner of the intersection of Kagy Boulevard and South 11th Avenue extended. Associate Planner Jody Olsen presented a combined staff report for both this and the next agenda item. She stated that under this application, a zoning planned unit development is being sought to allow relaxation of setback requirements, and a subdivision planned unit development is being sought to create lots for individual building sites and a remainder lot which will contain all of the common open space, parking and streetscape. She noted that under this subdivision, 14.5821 acres is to be subdivided into seventeen lots for professional, medical and dental offices, all of which are principal uses in the "R-O" zone. She stated that access to the subdivision will be from Kagy Boulevard, South 11 th Avenue and eventually a street along the southern border of the property. She noted that the internal roads are to be . private streets. The Associate Planner stated that 30 percent open space is required in a planned unit development and, under this application, 38 percent is proposed, exclusive of required setbacks and public rights-of-way. 04-20-98 ---.-- ___,_n_ ~ - 9 - Associate Planner Olsen enumerated requests for relaxation of several standards, as follows: (1) to allow for internal private streets within the development instead of City- standard streets dedicated to the public; (2) to allow narrower setbacks between parking areas and the interior roads; (3) to allow for smaller setbacks and less landscaping on individual lots; . (4) to allow an internal pedestrian/bicycle circulation system in lieu of sidewalks in the standard location; and (5) to allow less than the required landscaping in the parking areas. She stated the applicants have also requested a waiver from the Environmental Impact Statement. The Associate Planner stated that under this proposal, lots within this development may be developed as proposed on the preliminary and final plans without the requirement for any further site plan review. She noted, rather, the developer of the lot must apply for a building permit, the Planning Staff will review the application against the planned unit development and, if everything is in order, the building permit will be issued. If there is a discrepancy between the drawings which accompany the application for the building permit and the footprint shown on the final site plan, then the site plan review process will be triggered. Associate Planner Olsen reviewed the surrounding zoning designations and land uses, . which include high-density residential, a church, commercial, professional offices, Montana State University property, agricultural properties and vacant lands. The Associate Planner stated that the Development Review Committee and the Design Review Board reviewed this planned unit development against the criteria set forth in the zone code and found that, with conditions, the application would comply with those criteria. She noted that the Development Review Committee also reviewed the application for the subdivision against the criteria established in the Montana Code Annotated and determined that, with conditions, it would also meet the criteria. She stated that the City-County Planning Board conducted the public hearings on these applications at its April 7 meeting and, following the public hearings and review of the criteria and staff's comprehensive findings and . recommendations, as found in the staff report, the Planning Board forwarded a recommendation for approval, subject to a total of 34 conditions. She noted that all of those conditions apply to the conditional use permit, while only a portion of them apply to the preliminary plat. She then stated that the Planning Board also recommends approval of the applicant/s request for a waiver of the Environmental Impact Statement. 04~20-98 -- - 10- The Associate Planner requested that the Commission act on the preliminary plat application first, noting that if the subsequent conditional use permit is not approved, then approval of the preliminary plat would be void. She then indicated that the conditional use permit could be approved and the subdivision not approved, and the planned unit development . could still be constructed. Associate Planner Olsen stated that the sixty-day review period for the preliminary plat expired on March 27, and the applicant granted an extension, in writing, to April 27. Responding to Commissioner Rudberg, City Attorney Luwe stated that the Commission must take two separate actions on this application, one on the preliminary plat, which includes the conditions and approval of the requested waiver if the Commission so chooses, and one on the conditional use permit. He then stressed that the Commission's decision on the preliminary plat is based on the Planning Board's record. He noted that any public comment received on the conditional use permit during consideration of the next agenda item can be taken into consideration in that decision-making process. Mr. Dan Kamp, representing the applicant, stated that the concept for this planned unit . development was used in the Kagy Corner planned unit development several years ago. He noted that the problems, issues and concerns encountered during that development have been carefully considered and steps taken to avoid them in this project. He indicated that many of those changes pertain to parking and the maintenance of landscaping. Mr. Kamp stated that in this development, each owner will own the building pad. He noted that Planning staff has calculated the open space for this project at 38 percent; however, if the area dedicated for streets is included, the percentage is increased to 44 percent open space, or 50 percent more than required under the zone code. He indicated that the open space is to be located throughout the site rather than concentrated in one area, is to be designed to provide for a nice flow of pedestrian traffic, and will include outdoor seating areas. He also noted that the planned unit development is designed to provide a nice streetscape along . Kagy Boulevard, with the buildings set at an angle to the street and undulations in the landscaping to provide a softer appearance. He concluded his comments by indicating that the applicant is in agreement with the conditions recommended by the Planning staff and the Planning Board. 04-20-98 ....---- - -..--.-------.-.-. --..-- - 11 - Mr. Ray Center, Survco Engineering, representing the applicant, stated he is currently working on the details with the Engineering Department staff and the Planning staff. He then indicated a willingness to respond to questions. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the . Commission approve the preliminary plat for West Kagy Development Subdivision, as requested by CMM Partners under Application No. P-9802, to subdivide 14.581 acres described as Lot 18, Amended Subdivision 1-1-A, and Lot 2, Boylan's Addition No.1, into seventeen lots for professional, medical and dental offices, subject to the following conditions: 1. The applicant shall obtain an encroachment permit from MOOT for the placement of any utilities in the Kagy Boulevard right-of-way prior to placement of utilities in the right-of-way. The developer shall obtain an encroachment permit for the proposed accesses onto Kagy Boulevard and provide proof of this encroachment permission to the City Engineering Office prior to installation of these accesses. 2. No dead-end streets shall be permitted without an approved turn around. Where it is planned that a dead-end street will be extended in the future, a temporary cul-de-sac shall be provided. If any temporary cul-de-sacs are proposed, the cul-de-sacs shall be located to ensure the most viable usable area of the lots as possible. The final location and diameter of the cul-de- sacs shall be approved by the City Engineer during plan and specification . review. The cul-de-sac(s) shall be signed with "No Parking" signs. 3. Prior to final plat approval, the developer shall select names for the proposed internal private streets, and have the names of the proposed streets reviewed and approved by the City Engineer and the County Road Office to ensure that they do not duplicate the names of other existing streets in the area. The developer shall also determine what the future right-of-way along the south property line will be called, keeping in mind that new streets aligning with existing streets shall have the same name as the existing street. The names of all public and private streets shall be shown on the final plat. 4. Prior to final plat approval, street and stop signs shall be placed at all intersections with public rights-of-way. The street signs shall conform with the standards outlined in the Bozeman Area Subdivision Regulations. 5. The final plat shall show a one (1) foot "No Access" strip along Kagy Boulevard, South 11 th Avenue, and the un-named 60 foot right-of-way along the south property line to prevent access from individual lots onto these streets. 6. All infrastructure improvements for each phase, including: 1) water and . sewer infrastructure, 2) private streets and curb/gutter 3) stormwater drainage infrastructure improvements, and 4) common open space areas, open space landscaping, and bicycle/pedestrian paths must be installed, in accordance with the approved plans and specifications, by the subdivider and certified by a registered engineer and accepted by the City Engineering Office prior to approval of the final plat for each phase, or an agreement entered into with the City of Bozeman guaranteeing the installation and performance of the improvements. No building permits for any phase of the development will be issued prior to City of Bozeman acceptance of the infrastructure improvements for that phase. 04-20-98 - 12 - 7. The final plat shall contain the following language: "Due to the presence of a high groundwater table within the area of the subdivision, it is not recommended that full basements be constructed without first consulting a professional engineer." 8. The property owner's association documents and covenants shall be submitted to the City Attorney for review and approval, and shall be signed and notarized prior to final plat approval. The covenants shall be . revised to address the following: a. The covenants shall be clarified regarding the provision of easements (Subsection 3.6). The general, common easement concept should only apply to common areas such as roads, parking areas, common open space and paths. It shall not include "lots". If easements will be provided on lots, the location and size of the easement shall be shown on the final plat. b. The covenants shall contain the following statement addressing agricultural uses of neighboring properties: "Lot owners in the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors, flies, burning, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening." c. A section shall be added to the covenants in Section XI . regarding the addressing and/or numbering scheme for the buildings in the subdivision. This scheme shall be reviewed and approved by the Bozeman Fire Department. This section shall stipulate how and where the address or number for each building shall be displayed. Each building address and/or number shall be large enough so that it can be easily seen and read from the private internal street system. d. Instead of just referring to provisions in the zoning ordinance, the covenants shall state specific requirements. Subsection 9.3.a. shall state what the density of the R~Q zoning district is. Subsection 9.3.b. shall list the permitted uses in the R-Q zoning district. Section 9.4 shall state what the height restrictions are for the R-Q zoning district. Finally, Subsection 9.5.b. shall state that the maximum allowable building size in the R-Q is constrained by a limit of 60 percent coverage of the site. e. The covenants shall require a minimum three (3) foot wide landscape strip between the parking area sidewalks and buildings, and that at least ten (10) feet of separation be maintained between buildings. . f. Section 9.5 shall be labeled "Minimum and Maximum Building Sizes". g. Section 10.1 shall further describe those aspects, qualities and characteristics associated with the housing in surrounding neighborhoods which the development is striving to emulate. 04-20-98 .-..--...-.--..--- ___..___.____._._.___.___ u_____. . - 13 - h. Additional provisions shall be added to the covenants to address the following: a clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. i. In Section 11.3, the covenants shall specify the height limits . for fencing. This section shall specify acceptable materials and types for screening fencing. j. In Section 11.6, the covenants shall provide a detail and description for acceptable building lighting (wall-mounted), walk area lighting, and signage lighting. The covenants shall also specify height limits for pole-mounted lighting standards. k. The proposed wording for additional landscape requirements within development guidelines, submitted on 24 March 1998, shall be added to the covenants. I. The covenants shall contain additional requirements for garbage enclosures, including height restrictions, acceptable materials, and the need for an impervious floor. The covenants shall also include a detail for garbage enclosures. The garbage enclosures shall satisfy the requirements of the garbage collection vendor that will servicing the development, including size, location, and access. . m. Section 10.5 shall include language addressing not only roof-mounted equipment, but any equipment mounted on the exterior of a building. Non roof-mounted equipment could be screened with landscaping or approved fencing. n. Subsection 10.6.b. shall include language indicating that brighter, non-earth tone colors may be acceptable for trim and accents. The use of brighter colors will be reviewed by the B.L.R.C. o. A provision shall be added to the covenants with the following language: U A single building may be constructed on contiguous lots, but may not use more than two (2) lots unless approved by the City of Bozeman's Design Review Board as having adequate massing delineation to address the increased linearity of the building." 9. On the final plat, the entire dedication certificate shall be shown, and the private streets shall be labeled as such. 10. No parking shall be allowed on either Kagy Boulevard or the new private streets, and both shall be signed accordingly with signs approved by the . City of Bozeman Street Department. The applicant shall be required to provide and file with the County Clerk 11. and Recorder's Office executed Waivers of Right to Protest Creation of S.I.D.s for the following improvements: a. Street improvements to West Kagy Boulevard and South 11 th Avenue, including paving, curb and gutter, sidewalk and storm drainage facilities. 04-20-98 - 14 - b. Signalization of Kagy Boulevard and South 19th Avenue. c. Signalization of Kagy Boulevard and South 11 th Avenue. The document filed shall specify that in the event S.I.D.s are not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square . footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 12. The developer's engineer shall prepare a comprehensive utilities design report evaluating existing capacity of water and sewer utilities and the demands of the proposed development. This report shall accompany the plan and specification submittal for the subdivision infrastructure. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. 13. Installation of the master-planned water main loop providing water service to this property or its hydraulic equivalent must occur with this development. These consist of a 12-inch main running east-west in Kagy Boulevard which will connect with the main in South 19th Avenue, and a 12-inch main running north-south either through this subdivision or in the South 11 th Avenue alignment. The proposed alignment as shown on the plan sheet prepared by Rocky Mountain Engineers dated 1/27/98 which . accompanied the preliminary plat submittal is not hydraulically equivalent to the master-planned mains. The 12-inch main in Kagy Boulevard must be installed prior to platting of Phase I. It may be looped into the City system by making a connection to the existing main located adjacent to the private drive which provides access to University Apartments. Whether the 12 inch main running north-south in 11 th Avenue (or its hydraulic equivalent) must be installed with Phase I or Phase II will depend on the final alignment proposed by the developer's engineer. The proposed alignment and design of this line shall be included with the infrastructure drawings for Phase I. Any structure built before the required water supply improvements are made shall be fully protected with approved automatic fire suppression systems. 14. All proposed water and sewer mains shall be extended to the property or phase lines to adequately accommodate future extensions and/or looping. 15. Any oversizing cost share agreement for that portion of the water main exceeding 8 inches in diameter must be approved and executed by the City Commission prior to initiation of any construction of the water main . extension. The agreement shall define the terms under and the extent to which the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will be based on the actual bid prices obtained and quantities installed by the developer. 16. Any payback agreement intended to recover a portion of the cost for installing the water main shall be exclusive of any amount paid for by an oversizing agreement and shall meet the following conditions: a. All necessary design reports and cost documentation used to establish and support the payback area and amount must 04-20~98 ----.---- .--...-... - 15 - be prepared by the developer's engineer and shall be submitted with the plans and specifications for the infrastructure. b. The documents must be reviewed and approved by the both the City Engineer and the City Commission prior to initiation of construction. . 17. A Traffic Impact Analysis prepared by a Professional Civil Engineer registered in the State of Montana, qualified in the area of traffic engineering must be submitted to and approved by the City Engineer. The analysis shall address existing and projected traffic volumes on perimeter streets and level of service evaluations at the intersections of Kagy Boulevard and South 19th Avenue and Kagy Boulevard and South 11 th Avenue. The report shall also include evaluations of level of service and recommendations for any necessary off-site roadway improvements. 18. The developer shall widen the existing pavement along Kagy Boulevard and add a center turn lane adjacent to this subdivision. These improvements shall be made adjacent to each phase of the development and shall be complete and accepted by the City or financially guaranteed prior to issuance of any occupancy permits for that phase. Sidewalk shall also be installed along the Kagy Boulevard frontage with each phase. The final location of the sidewalk must be approved by the City Engineer. Installation of curb and gutter along Kagy Boulevard is not required as part of the street widening. The design of these improvements shall include all necessary transitions to existing pavement. No occupancy permits for Phase I shall be issued prior to completion and . City acceptance of the street improvements required for that phase. 19. The developer shall dedicate to the City of Bozeman one-half of a 90 foot right of way (45 feet) for South 11 th Avenue. Prior to platting of Phase II of the subdivision, South 11 th Avenue shall be constructed 32 feet wide with curb, gutter and sidewalk along the west side of the development. No building permits for Phase II shall be issued prior to completion and City acceptance of the South 11th Avenue improvements. 20. Prior to installation of required improvements, the developer must submit plans and specifications for review and approval by the Planning Director and the City Engineering Department. After the plans and specifications are approved, but before installation of the improvements commences, a pre-construction meeting must be held between the developer, the developer's engineer, the contractor, and the City Engineering Department. Prior to the initiation of construction public street improvements, plans and specifications for the improvements to both Kagy Boulevard and South 11 th Avenue, including sidewalk, curb and gutter (South 11 th Avenue only) and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the State of Montana, shall be . provided to and approved by the City Engineer for each phase of the development. The extent of the improvements required for each phase shall be clearly indicated on the preliminary plat. In addition, plans and specifications for the water and sewer main extensions prepared by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by City Engineer for each phase of the development. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, 04-20-98 --...--..-- --- ....--- - 16 - post-construction certification and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure for any phase until the plans and specifications for that phase have been approved by the City Engineer and a pre-construction conference for that work has been conducted. Water mains shall be fully looped with each phase of development. Easements for any sewer main extensions located outside of dedicated right-of-way shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be . less than 10 feet from the edge of the easement. Any sewer manholes located outside of an improved surface shall be made accessible for maintenance purposes by constructing a 12-foot-wide, all weather access road capable of supporting the City's maintenance equipment. The plans and specifications for infrastructure must clearly indicate the extent of all improvements proposed for each phase. All infrastructure improvements required for each phase of the development, including water and sewer main extensions, public streets, curb and gutter, sidewalks and related storm drainage infrastructure improvements, shall be constructed or financially guaranteed prior to final plat approval for each phase. No building permits for any phase of development will be issued prior to City of Bozeman acceptance of said infrastructure improvements for that phase except as provided for items in Conditions 18 and 19 above. 21. A detailed Stormwater Management Plan 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 plan must accurately depict retention/detention basin locations and locate and provide easements for adequate drainage . ways within the subdivision to transport runoff to the basins and/or stormwater receiving channel(s). The plan shall include detailed site grading and elevation information for the basin sites, drainage ways, and lot finished grades, stormwater retention/detention basin details including typical sections, discharge structure details, basin sizing calculations and a stormwater maintenance plan. All stormwater improvements needed for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase. No building permits in a given phase will be issued until the stormwater improvements are constructed and approved. 22. The proposed internal bicycle/pedestrian circulation system shall substitute for sidewalks in the standard location (i.e. one foot off of the property line along the streets). The sidewalks shall be equivalent to standard sidewalks in terms of surfacing materials, construction and width (five feet). All pedestrian/bicycle paths shall be located as far as possible from streets and parking areas. The number of street/driveway crossings shall be reduced if possible. All street/driveway crossings shall be delineated through the use of pavers or texturing. 23. The applicant shall provide a schedule of improvement phasing, timing and completion dates, including all public improvements and all on-site common area improvements, to the Planning Department for review and . approval prior to final plat approval. The phasing of the parking lot improvements (paving, curbing, striping and sidewalks) shall be clearly delineated on the final site plan and shall be constructed for each building accordingly. 24. 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 04-20-98 -. - - 17 - sanitary facilities, certification from the City's Engineer certifying that as- built drawings for public improvements were received, a platting certificate, and 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. The final subdivision plat shall be approved within three years from the . date of preliminary plat approval by the Bozeman City Commission. Prior to the expiration date, the subdivider may submit a letter of request to the Planning Director for a one year extension. Thereafter, the City Commission may approve an extension for not more than one additional calendar year. The final subdivision plat may not be filed until the final site plan is approved. If it is the developer's intent to file the final subdivision plat prior to the completion of all required subdivision improvements, a Subdivision Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final subdivision plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 25. The conditional use permit for the planned unit development to allow for development of a two-phase, 17-lot mixed use planned unit development consisting of commercial and limited residential uses shall be approved prior to final plat approval. . 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. Conditional Use Permit for Planned Unit DeveloDment for Stadium Center - CMM Partners - allow develoDment of two-ohase. 17-lot mixed use PUD consisting of commercial and limited residential uses on Lot 18. Amended Subdivision 1-1-A. and Lot 2. Bovlan's Addition No.1 (southwest corner of Kagv Boulevard and South 11 th Avenue) (Z-9811 ) This was the time and place set for review of the Conditional Use Permit for the Stadium Center Planned Unit Development, as requested by CMM Partners under Application No. Z-9811, to allow for development of a two-phase, 17-lot mixed use planned unit development consisting of commercial and limited residential uses on Lot 18, Amended Subdivision 1-1-A, . and Lot 2, Boylan's Addition No.1. The subject property is located at the southwest corner of the intersection of Kagy Boulevard and South 11 th Avenue extended. Associate Planner Jody Olsen stated that the staff report given in the previous agenda item applies to this application as well. 04-20-98 -- . .- - -..-.- -.-- .-.----- ------.----.------ ..----.- - 18 - No one was present to speak in support of or in opposition to the requested conditional use permit. Commissioner Frost stated that he had talked to Associate Planner Olsen earlier today about the light fixture shown in the picture. He stated that he cannot tell from the picture . whether the luminaire extends below the shield; however, he reminded the applicant that the zone code requires that the cut-off shield extend below the luminaire. Commissioner Rudberg stated the Planning Board notes reflect Mr. Devitt's positive comments about this project and commended the applicant for the high quality of this application. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the Conditional Use Permit for the Stadium Center Planned Unit Development, as requested by CMM Partners under Application No. Z-9811, to allow for development of a two-phase, 17-lot mixed use planned unit development consisting of commercial and limited residential uses on Lot 18, Amended Subdivision 1-1-A, and Lot 2, Boylan's Addition No.1, subject to the following conditions. . 1. In order to comply with the requirements of the zoning ordinance, the following items shall be shown on the final site plan: a. Drive approaches shall be constructed in accordance with the City's standard approach unless otherwise approved by the City Engineer. b. Concrete curbing must be installed around the perimeters of all new parking lots. c. All of the disabled accessible parking spaces shall be clearly identified, and shall be located as close as practical to building sites. The disabled accessible spaces shall comply with A.D.A. requirements as outlined in the zoning ordinance. The disabled accessible parking spaces shall be signed appropriately, including the universal symbol and UPermit Required/$100 Fine". The signage shall comply with the A.D.A. requirements described in the zoning ordinance. d. The configuration of the off-street parking shall comply with . the requirements of Section 18.50.120 of the Bozeman Municipal Code unless a deviation or variance is granted by the governing body. This includes stall dimensions and configuration, drive aisle widths, lot surfacing and curbing. e. The entire parking area of the parking spaces shall be 18/20 feet in length and the parking space striping shall be 18/20 feet in length. The parking area for parking spaces shall not overlap. Parking spaces that are measured from a curb on the inside edge of the stall shall be eighteen (18) feet long. 04-20~98 .__ .___~__~ ___u_._ ._._ __... __ ____..____.....__.__ - _n._____ - 19 - Parking spaces that are measured from a painted line on the inside edge of the stall shall be twenty (20) feet long. f. Based on the total building square footage allowed in the development, at least 402 (100,560 square feet/250 s.f. per space = 402. 24 rounded down) standard parking spaces shall be shown on the final site plan. At least nine (9) disabled accessible parking spaces (13 feet wide) shall be . provided in addition to the required standard parking spaces. Two of the disabled accessible parking spaces shall be van accessible (8 foot wide parking area plus an 8 foot wide aisle), and shall be signed as such. g. A bike rack shall be provided for every building and a detail for the bike racks shall be shown. h. The location of all parking lot/common area lighting shall be shown on the final site plan or in a separate master lighting plan. i. Site vision triangles for the accesses onto South 11 th Avenue, Kagy Boulevard and the un-named 60-foot right-of- way along the south property line shall comply with Section 18.50.080 of the Bozeman Municipal Code. j. Sidewalks shall be provided along all parking areas that abut building sites. Where sidewalk curbs serve as wheel stops, the sidewalk shall be five feet wide. 2. The applicant shall obtain an encroachment permit from MOOT for the . placement of any utilities in the Kagy Boulevard right-of-way prior to placement of utilities in the right-of-way. The developer shall obtain an encroachment permit for the proposed accesses onto Kagy Boulevard and provide proof of this encroachment permission to the City Engineering Office prior to installation of these accesses. 3. No dead-end streets shall be permitted without an approved turn around. Where it is planned that a dead-end street will be extended in the future, a temporary cul-de-sac shall be provided. If any temporary cul-de-sacs are proposed, the cul-de-sacs shall be located to ensure the most viable usable area of the lots as possible. The final location and diameter of the cul-de- sacs shall be approved by the City Engineer during plan and specification review. The cul-de-sac(s) shall be signed with "No Parking" signs. 4. Prior to final plat approval, the developer shall select names for the proposed internal private streets, and have the names of the proposed streets reviewed and approved by the City Engineer and the County Road Office to ensure that they do not duplicate the names of other existing streets in the area. The developer shall also determine what the future right-of-way along the south property line will be called, keeping in mind that new streets aligning with existing streets shall have the same name . as the existing street. The names of all public and private streets shall be shown on the final plat. 5. Prior to final plat approval, street and stop signs shall be placed at all intersections with public rights-of-way. The street signs shall conform with the standards outlined in the Bozeman Area Subdivision Regulations. 6. The final plat shall show a one (1) foot "No Access" strip along Kagy Boulevard, South 11th Avenue, and the un-named 60-foot right-of-way 04-20-98 --- - --- - --------.--.------- - 20 - along the south property line to prevent access from individual lots onto these streets. 7. All infrastructure improvements for each phase, including: 1) water and sewer infrastructure, 2) private streets and curb/gutter 3) stormwater drainage infrastructure improvements, and 4) common open space areas, open space landscaping, and bicycle/pedestrian paths must be installed, in accordance with the approved plans and specifications, by the . subdivider and certified by a registered engineer and accepted by the City Engineering Office prior to approval of the final plat for each phase, or an agreement entered into with the City of Bozeman guaranteeing the installation and performance of the improvements. No building permits for any phase of the development will be issued prior to City of Bozeman acceptance of the infrastructure improvements for that phase. 8. The final plat shall contain the following language: "Due to the presence of a high groundwater table within the area of the subdivision, it is not recommended that full basements be constructed without first consulting a professional engineer." 9. The property owner's association documents and covenants shall be submitted to the City Attorney for review and approval, and shall be signed and notarized prior to final plat approval. The covenants shall be revised to address the following: a. The covenants shall be clarified regarding the provision of easements (Subsection 3.6). The general, common easement concept should only apply to common areas such as roads, parking areas, common open space and paths. It . shall not include "Iots". If easements will be provided on lots, the location and size of the easement shall be shown on the final plat. b. The covenants shall contain the following statement addressing agricultural uses of neighboring properties: "Lot owners in the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors, flies, burning, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening." c. A section shall be added to the covenants in Section XI regarding the addressing and/or numbering scheme for the buildings in the subdivision. This scheme shall be reviewed and approved by the Bozeman Fire Department. This section shall stipulate how and where the address or number for each building shall be displayed. Each building address and/or number shall be large enough so that it can be easily seen and read from the private internal street system. . d. Instead of just referring to provisions in the zoning ordinance, the covenants shall state specific requirements. Subsection 9.3.a. shall state what the density of the R-Q zoning district is. Subsection 9.3.b. shall list the permitted uses in the R-Q zoning district. Section 9.4 shall state what the height restrictions are for the R-Q zoning district. Finally, Subsection 9.5.b. shall state that the maximum allowable building size in the R-Q is constrained by a limit of 60 percent coverage of the site. 04-20-98 _n__..__ __ _".. .._ .... .- ... ---.-.-..--------- - 21 - e. The covenants shall require a minimum three (3) foot wide landscape strip between the parking area sidewalks and buildings, and that at least ten (10) feet of separation be maintained between buildings. f. Section 9.5 shall be labeled UMinimum and Maximum Building Sizes". . g. Section 10.1 shall further describe those aspects, qualities and characteristics associated with the housing in surrounding neighborhoods which the development is striving to emulate. h. Additional provisions shall be added to the covenants to address the following: a clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. i. In Section 11.3, the covenants shall specify the height limits for fencing. This section shall specify acceptable materials and types for screening fencing. j. In Section 11.6, the covenants shall provide a detail and description for acceptable building lighting (wall-mounted), walk area lighting, and signage lighting. The covenants shall also specify height limits for pole-mounted lighting standards. . k. The proposed wording for additional landscape requirements within development guidelines, submitted on 24 March 1998, shall be added to the covenants. I. The covenants shall contain additional requirements for garbage enclosures, including height restrictions, acceptable materials, and the need for an impervious floor. The covenants shall also include a detail for garbage enclosures. The garbage enclosures shall satisfy the requirements of the garbage collection vendor that will servicing the development, including size, location, and access. m. Section 10.5 shall include language addressing not only roof-mounted equipment, but any equipment mounted on the exterior of a building. Non roof-mounted equipment could be screened with landscaping or approved fencing. n. Subsection 10.G.b. shall include language indicating that brighter, non-earth tone colors may be acceptable for trim and accents. The use of brighter colors will be reviewed by the B.L.R.C. . o. A provision shall be added to the covenants with the following language: U A single building may be constructed on contiguous lots, but may not use more than two (2) lots unless approved by the City of Bozeman's Design Review Board as having adequate massing delineation to address the increased linearity of the building." 10. On the final plat, the entire dedication certificate shall be shown, and the private streets shall be labeled as such. 04-20-98 ..-------...--- - 22 - 11. No parking shall be allowed on either Kagy Boulevard or the new private streets, and both shall be signed accordingly with signs approved by the City of Bozeman Street Department. 12. The applicant shall be required to provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of S.I.D.s for the following improvements: . a. Street improvements to West Kagy Boulevard and South 11th Avenue, including paving, curb and gutter, sidewalk and storm drainage facilities. b. Signalization of Kagy Boulevard and South 19th Avenue. c. Signalization of Kagy Boulevard and South 11 th Avenue. The document filed shall specify that in the event S.I.D.s are not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 13. The developer's engineer shall prepare a comprehensive utilities design report evaluating existing capacity of water and sewer utilities and the demands of the proposed development. This report shall accompany the plan and specification submittal for the subdivision infrastructure. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate . adequate capacity to serve the full development. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. 14. Installation of the master-planned water main loop providing water service to this property or its hydraulic equivalent must occur with this development. These consist of a 12-inch main running east-west in Kagy Boulevard which will connect with the main in South 19th Avenue, and a 12-inch main running north-south either through this subdivision or in the South 11 th Avenue alignment. The proposed alignment as shown on the plan sheet prepared by Rocky Mountain Engineers dated 1/27/98 which accompanied the preliminary plat submittal is not hydraulically equivalent to the master-planned mains. The 12-inch main in Kagy Boulevard must be installed prior to platting of Phase I. It may be looped into the City system by making a connection to the existing main located adjacent to the private drive which provides access to University Apartments. Whether the 12-inch main running north-south in 11 th Avenue (or its hydraulic equivalent) must be installed with Phase lor Phase II will depend on the final alignment proposed by the developers engineer. The proposed alignment and design of this line shall be included with the infrastructure drawings for Phase I. . Any structure built before the required water supply improvements are made shall be fully protected with approved automatic fire suppression systems. 15. All proposed water and sewer mains shall be extended to the property or phase lines to adequately accommodate future extensions and/or looping. 16. Any oversizing cost share agreement for that portion of the water main exceeding 8 inches in diameter must be approved and executed by the 04-20-98 - - -- '-.' .-- -----.- .------.- --.--- . ____.___._.___n.. __.. - 23 - City Commission prior to initiation of any construction of the water main extension. The agreement shall define the terms under and the extent to which the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will be based on the actual bid prices obtained and quantities installed by the developer. 17. Any payback agreement intended to recover a portion of the cost for installing the water main shall be exclusive of any amount paid for by an . oversizing agreement and shall meet the following conditions: a. All necessary design reports and cost documentation used to establish and support the payback area and amount must be prepared by the developer's engineer and shall be submitted with the plans and specifications for the infrastructure. b. The documents must be reviewed and approved by the both the City Engineer and the City Commission prior to initiation of construction. 18. A Traffic Impact Analysis prepared by a Professional Civil Engineer registered in the State of Montana, qualified in the area of traffic engineering must be submitted to and approved by the City Engineer. The analysis shall address existing and projected traffic volumes on perimeter streets and level of service evaluations at the intersections of Kagy Boulevard and South 19th Avenue and Kagy Boulevard and South 11 th Avenue. The report shall also include evaluations of level of service and recommendations for any necessary off-site roadway improvements. . 19. The developer shall widen the existing pavement along Kagy Boulevard and add a center turn lane adjacent to this subdivision. These improvements shall be made adjacent to each phase of the development and shall be complete and accepted by the City or financially guaranteed prior to issuance of any occupancy permits for that phase. Sidewalk shall also be installed along the Kagy Boulevard frontage with each phase. The final location of the sidewalk must be approved by the City Engineer. Installation of curb and gutter along Kagy Boulevard is not required as part of the street widening. The design of these improvements shall include all necessary transitions to existing pavement. No occupancy permits for Phase I shall be issued prior to completion and City acceptance of the street improvements required for that phase. 20. The developer shall dedicate to the City of Bozeman one-half of a 90-foot right-of-way (45 feet) for South 11 th Avenue. Prior to platting of Phase II of the subdivision, South 11 th Avenue shall be constructed 32 feet wide with curb, gutter and sidewalk along the west side of the development. No building permits for Phase II shall be issued prior to completion and City acceptance of the South 11th Avenue improvements. . 21. Prior to installation of required improvements, the developer must submit plans and specifications for review and approval by the Planning Director and the City Engineering Department. After the plans and specifications are approved, but before installation of the improvements commences, a pre-construction meeting must be held between the developer, the developer's engineer, the contractor, and the City Engineering Department. Prior to the initiation of construction public street improvements, plans and specifications for the improvements to both Kagy Boulevard and South 11 th Avenue, including sidewalk, curb and gutter (South 11 th Avenue 04-20-98 _____________n _ .~-, - 24- only) and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the State of Montana, shall be provided to and approved by the City Engineer for each phase of the development. The extent of the improvements required for each phase shall be clearly indicated on the preliminary plat. In addition, plans and specifications for the water and sewer main extensions prepared by a Professional Engineer (PE) registered in the State . of Montana shall be provided to and approved by City Engineer for each phase of the development. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure for any phase until the plans and specifications for that phase have been approved by the City Engineer and a pre-construction conference for that work has been conducted. Water mains shall be fully looped with each phase of development. Easements for any sewer main extensions located outside of dedicated right-of-way shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. Any sewer manholes located outside of an improved surface shall be made accessible for maintenance purposes by constructing a 12-foot-wide, all weather access road capable of supporting the City's maintenance equipment. The plans and specifications for infrastructure must clearly indicate the extent of all improvements proposed for each phase. All infrastructure improvements required for each phase of the development, including water and sewer main extensions, public streets, curb and gutter, sidewalks and . related storm drainage infrastructure improvements, shall be constructed or financially guaranteed prior to final plat approval for each phase. No building permits for any phase of development will be issued prior to City of Bozeman acceptance of said infrastructure improvements for that phase except as provided for items in Conditions 19 and 20 above. 22. A detailed Stormwater Management Plan 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 plan must accurately depict retention/detention basin locations and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the basins and/or stormwater receiving channel(s). The plan shall include detailed site grading and elevation information for the basin sites, drainage ways, and lot finished grades, stormwater retention/detention basin details including typical sections, discharge structure details, basin sizing calculations and a stormwater maintenance plan. All stormwater improvements needed for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase. No building permits in a given phase will be issued until the stormwater improvements are constructed and approved. . 23. The applicant shall submit a Master Signage Plan for the development with the final plan application. The signage plan shall comply with the requirements of Section 18.65.080. of the Bozeman Municipal Code. 24. The proposed internal bicycle/pedestrian circulation system shall substitute for sidewalks in the standard location (i.e. one foot off of the property line along the streets). The sidewalks shall be equivalent to standard sidewalks in terms of surfacing materials, construction and width (five feet). All pedestrian/bicycle paths shall be located as far as possible from streets and parking areas. The number of street/driveway crossings shall 04-20-98 - 25 - be reduced if possible. All street/driveway crossings shall be delineated through the use of pavers or texturing. 25. All of the proposed picnic tables, in the active recreation areas, shall be placed on permanent "patios" constructed of concrete, pavers or some other impervious material. 26. The final plan shall show the parcel lot lines, as well as building envelopes . that reflect the required setbacks and allowable building size for each parcel. 27. A greater variety of plantings shall be used in the common open space areas, including crabapple trees and American lindens in the parking areas. If a high water table is discovered on the site, plantings that thrive in a high water table environment should be proposed in these areas (Willow, Cottonwood, Dogwood, etc.) 28. The applicant shall provide a schedule of improvement phasing, timing and completion dates, including all public improvements and all on-site common area improvements, to the Planning Department for review and approval prior to final plat approval. The phasing of the parking lot improvements (paving, curbing, striping and sidewalks) shall be clearly delineated on the final site plan and shall be constructed for each building accordingly. 29. A temporary form of the street/road address shall be displayed at all times during construction of the buildings, and a permanent address shall be displayed upon completion of construction. . 30. 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's Engineer certifying that as- built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Two cloth back (or equivalent) and mylar (or equivalent) copies of the final plat must be submitted for final plat approval,~ along with a digital copy of the final plat, on a double sided, high-density 3 Y2 -inch floppy disk. The final subdivision plat shall be approved within three years from the date of preliminary plat approval by the Bozeman City Commission. Prior to the expiration date, the subdivider may submit a letter of request to the Planning Director for a one year extension. Thereafter, the City Commission may approve an extension for not more than one additional calendar year. The final subdivision plat may not be filed until the final site plan is approved. If it is the developer's intent to file the final subdivision plat prior to the completion of all required subdivision improvements, a . Subdivision Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final subdivision plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 04-20-98 - ----- ---.--- ---- --. ..--.-.-. --- - 26 - 31. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit. 32. All of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any . building permits, final site plan approval or commencement of the conditional use. 33. All conditions specifically stated under any conditional use listed in this title shall apply and shall be binding upon the owner of the land, his successors or assigns. 34. All special conditions shall be consented to in writing by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Ordinance No. 1465 - amendina the zoning desianation from "R-4" (Residential--hiah density) to "R-O" (Residential--Office) on 14.59 acres in the Southwest one-Quarter of Section 13. TownshiD 2 South. Range 5 East. Montana PrinciDal Meridian (southwest corner of Kagv and .11!hl . Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1465, as approved by the City Attorney, entitled: ORDINANCE NO. 1465 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "R-4" (RESIDENTIAL--HIGH DENSITY) TO "R-O" (RESIDENTIALuOFFICE) ON 14.59 ACRES IN THE SOUTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission finally adopt Ordinance No. 1465, amending the zoning designation from "R-4", Residential--High-density, to "R-O", Residential--Office, on 14.59 acres located at the southwest corner of the intersection of Kagy Boulevard and South 11 th Avenue extended. 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. 04-20-98 _n_ _ ______ - _.. __ _n .__ __. ". .._ _.... .n... _ __.n - 27 - Break - 3:53 to 4:00 o.m. Mayor Stiff declared a break from 3:53 p.m. to 4:00 p.m., in accordance with Commission policy. . Reauest for modified temporary site clan for construction of new 6.400-sauare-foot building for automobile towing and service uses with outside vehicle storage area on the south 35 feet of Lot 12 and Lots 13-18. Block 2. Durston's Second Addition. oreviously aooroved as CUP under Apolication No. Z-9735 - Terry Morrison for Mr. T's Towing and Service (723 West Asoen Street) Included in the Commissioners' packets were a memo from Associate Planner Jody Olsen and Project Engineer Karen Finke, dated April 3, and a memo from Project Engineer Karen Finke, dated April 15, forwarding background information on this request and outlining the Commission's options. Associate Planner Jody Olsen presented the request for a modified site plan. She reminded the Commission that last summer, they approved a conditional use permit to allow the construction of a new 6,400-square-foot building for Mr. T's Towing and Service at the northeast corner of the intersection of West Aspen Street and North 8th Avenue. She stated . that at that time, the project seemed to be simple and straight forward. She noted, however, it has now been discovered that the gas line in the northbound lane of North 8th Avenue is not located deep enough to allow for construction of the roadway over it without either (1) lowering the line or (2) installing a concrete cap over it at an estimated cost of $50,000. The applicant has indicated he cannot absorb this additional cost for the improvements to North 8th Avenue and is now seeking a temporary site plan to allow him to proceed with his project without being required to install the improvements along North 8th Avenue. The Associate Planner forwarded three options for Commission action, including (1) approve the modified temporary site plan with the conditions recommended by the Development Review Committee, recognizing that the street improvements will probably not be completed for many years; (2) approve the modified temporary site plan with the . recommended conditions and direct staff to notify Montana Power Company that they must relocate or protect the gas line within two years; or (3) deny the temporary site plan and require the applicant to construct the improvements to North 8th Avenue, including the costs of protecting the gas line, under the conditions of the June 16, 1997, approval of the project. 04-20-98 -- -., -- ----.-...--- - 28 - Mr. Rick Kerin, representing the applicant, stated that Mr. Morrison began this project in 1996, noting that it remained a straight forward project until the test pits were dug to determine where the gas line is located during design of the North 8th Avenue improvements. He noted that Montana Power Company (MPC) requires three feet of finished street cover over . the gas line, but the necessary coverage during subgrade excavation was not available and MPC would not allow the installation of road improvements without first installing a protective cap over the line. Mr. Kerin noted the line was installed in the late 1950s and stated it is very vulnerable because it lies less than three feet below the surface in certain areas at the present time. He suggested that, rather than requiring this applicant to cap just that portion of the line adjacent to his property, it would be more appropriate to take steps to ensure the protection of this line from Durston Road north to the end of the North 8th Avenue right-of-way. He cautioned that if this step is not taken at this time, future developments along this corridor will encounter the same problem. Mr. Kerin encouraged the Commission to approve the second option suggested by staff, stating he feels it should be Montana Power Company's responsibility to protect or relocate the . gas line, which is a major line for the community. He stated that Mr. Morrison is willing to sign a waiver of right to protest the creation of a special improvement district for future improvements to North 8th Avenue, as long as capping of the gas line is not a part of the SID. Mr. Terry Morrison, applicant, asked that, in addition to the capping of the gas line not being included in an SID to improve North 8th Avenue, he not be required to install improvements along the North 8th Avenue frontage, including landscaping and a sprinkler system, until after the street has been installed. He indicated a willingness to extend the financial guarantee for those improvements, noting that until the elevation of the street is known, it seems inappropriate to install the improvements. He concluded by stating he will install the improvements along West Aspen Street in conjunction with his project. Mr. Rick Kerin stated that North 8th Avenue was platted when this portion of the . community was subdivided in the early 1950s, and the gas line was not installed until the late 1950s. He noted that since the gas line was installed in the public right-of-way, Montana Power Company knew that a street would be constructed over it some day. Responding to questions from Commissioner Frost, Associate Planner Olsen stated that if the Commission approves the applicant's requested temporary site plan with a two-year 04-20-98 --- -.. .-..-- ----- ~ -~-: -- - 29 - financial guarantee for constructing improvements to North 8th Avenue, she feels a waiver of right to protest the creation of an SID is also needed since it is not yet known what financing mechanism will be used for improvements to that roadway. She stressed that under these requirements, the applicant will incur no additional financial impacts for the road improvements; . rather, diversity for funding of the project is provided. Ms. Cindy Corliss, Prugh and Lenon Architects, representing the applicant, stated that the project is nicely designed. She noted, however, that it is to be constructed adjacent to what is currently an unimproved street right-of-way. She then characterized this project and improvements to North 8th Avenue as a benefit to the area. Mr. Chuck Busta, Montana Power Company, stated that the 8-inch gas main in the North 8th Avenue right-of-way was installed in 1959. He noted that in 1996, Kerin and Associates was informed of the requirements for constructing a road over a gas line, and the issue was then silent until after Commission approval of the new Mr. T's facility. He stated that Montana Power Company has, and will continue, to lower facilities or relocate facilities in the public right-of-way for the public good. He stated, however, that it has always been the position of . both Montana Power Company and the City Commission that a developer must pay for any improvements that are needed for construction of a development. He forwarded MPC's position that no public funds should be expended on this project, since it is for a private project and an individual property owner. Mr. Busta noted that when the gas line was installed in 1959, it was under different construction requirements than exist today. He estimated the cost of lowering the line from Durston Road north to West Birch Street at $375,000 to $500,000. He stated that, while this is the preferred alternative, it is significantly more expensive than simply capping the line to protect it. He indicated if it is determined that lowering the line would be in the public good and Montana Power Company is required to address the situation at its own cost, it will lower the line the entire distance of North 8th Avenue; how'ever, it must have time to budget the . monies and set aside the time to do the work. He then forwarded his concern about the possibility of the Commission requiring Montana Power Company to address the issue of its gas line for this single project, cautioning that it could create some negative impacts on the company in the future. 04-20-98 - 30 - Responding to Mayor Stiff, Mr. Busta stated that if this developer is required to cap the portion of the gas line adjacent to his property, then other developers along North 8th Avenue will be required to do the same as those properties are developed. He recognized that, as a long-term solution, lowering the line is better; however, Montana Power Company will not . require an individual property owner to undertake the more expensive option. Responding to Commissioner Smiley, Mr. Busta stated that this gas line is the largest gas line in Bozeman, and it feeds most of Bozeman. Responding to Commissioner Rudberg, City Engineer Craig Brawner stated that North 8th Avenue will extend between Durston Road and West Oak Street, however, it will curve around the existing development just south of West Oak Street and access that roadway on a North 9th Avenue alignment. He then confirmed that the City has the right-of-way for North 8th Avenue through "the slough of despair" along the north side of Durston Road. Commissioner Rudberg questioned why the gas line was not installed at a lower depth in 1959, since it was anticipated a street would be constructed over it some day. Responding to questions from Commissioner Rudberg, City Engineer Craig Brawner . stated that if the Commission approves this temporary site plan with Option No.2 as suggested by staff, then staff intends to immediately notify Montana Power Company of the requirement to protect or relocate the gas line, which will trigger the beginning two-year timeline for completing that process. Responding to Commissioner Rudberg, Associate Planner Jody Olsen stated that if the Commission wishes to approve the temporary site plan with Option No.2, then the financial guarantee provided by Mr. T's for improvements along the North 8th Avenue frontage should be for a period of two years instead of nine months. City Engineer Craig Brawner reminded the Commissioners that a building permit is typically not issued until after the infrastructure has been installed. He noted that in this instance, however, the City Commission wishes to provide a two-year time period for Montana . Power Company to relocate the gas line in North 8th Avenue so that the road improvements can be completed, which creates a unique circumstance. He then suggested that a 2 Y:z-year financial guarantee be required for improvements along the North 8th Avenue frontage since Montana Power Company will have two years in which to complete relocation of the gas line. 04-20-98 ---- ------..- --. ...---.....-.--- - 31 - He encouraged the Commission to also require that the applicant sign a waiver of right to protest the creation of an SID for improvements to North 8th Avenue. Responding to Commissioner Rudberg, Associate Planner Olsen stated that the storm water retention area along the North 8th Avenue frontage must be provided in conjunction with . development of the site because of the paving that will be done on the site. She noted, however, the landscaping and sprinkler system will not be required until after the street improvements have been completed. She indicated a willingness to work with the applicant on the financial guarantee required for those improvements. Responding to Commissioner Rudberg, Mr. Morrison indicated he could accept approval of the requested temporary site plan with the conditions recommended by staff and with Option No.2 for addressing the gas line in North 8th Avenue. Responding to City Manager Johnson, Mr. Busta stated that the gas line under North 8th Avenue is currently in good condition, and driving on it with cars and pickups will not hurt it. He stated, however, that if large pieces of equipment were driven over it, they could compress the line into an egg shape, and that could create a potential hazard. . It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the modified temporary site plan for construction of new 6,400-square- foot building for automobile towing and service uses with outside vehicle storage area on the south 35 feet of Lot 12 and Lots 13 through 18, Block 2, Durston's Second Addition, previously approved as CUP under Application No. Z-9735, subject to the following conditions; and direct staff to notify Montana Power Company that they must protect or relocate their 12- inch steel gas line within two years of notification to accommodate public street improvements to North 8th Avenue: 1. The applicant shall obtain final site plan approval for the permanent site plan, approved on 16 June 1997, before a building permit will be issued to do any work on the site. 2. Street improvements to North 8th Avenue, including curb/gutter, . sidewalks, and storm drainage infrastructure improvements, as shown on the 18 July 1997 City approved plans and specifications, shall be financially guaranteed for two and one-half (2 Y2) years commencing at the time the structure is occupied for use as an automobile towing and service facility. The financial guarantee shall be equal to one and one-half (1 Y2 ) times the amount of the estimated cost of the improvements. The landscaping improvements in the yard along the North 8th Avenue right-of- way may also be financially guaranteed for up to two and one-half (2112) years commencing at the time the structure is occupied. The financial 04-20-98 - 32 - guarantee for this landscaping shall also be equal to one and one-half (1 % ) times the amount of the estimated cost of the improvements. 3. The applicant shall provide and file with the Gallatin County Clerk and Recorder's Office executed Waivers of Right to Protest the Creation of an SID for street improvements to North 8th Avenue, including paving, curb/gutter, sidewalk, and storm drain facilities. . The document shall specify that in the event SIDs are not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 4. West Aspen Street shall be improved with curb, gutter and sidewalks to Station 0 + 33.50, i.e., point of curvature, as shown on the 18 July 1997 City approved infrastructure plans and specifications. 5. For fire protection reasons, one of the following site development options shall occur: a. North 8th Avenue shall be installed, as required in the conditional approval granted by the City Commission on 16 June 1997, prior to final site plan approval or issuance of a building permit. b. An automatic fire suppression system shall be installed. Plans and specifications for any fire service line must be . prepared in accordance with the City's Fire Service Line Policy and signed by a Professional Engineer (PE) registered in the State of Montana, and shall be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. A water service application shall be completed for the fire service line. An accurate and dimensioned detail of the fire service riser location inside the building shall be shown on the final site plan and shall be submitted to the Water/Sewer Superintendent for review and approval. c. The alley shall provide emergency access to the site, and shall be a twenty (20) foot wide, unobstructed paved access. 6. If the alley is paved, all lots adjacent to the proposed paved alley shall have sewers stubbed to City standard number 02724-1 prior to paving. The existing manholes shall be adjusted in elevation as needed, and the associated costs shall be borne by the developer. . 7. If an automatic fire suppression system is installed in the building, new building permit applications drawings shall be submitted to the Building Department depicting the sprinkler system. 8. The gravel alley between North 7th Avenue and North 8th Avenue shall not be used for on-site circulation. If, at the end of the two and one-half (2 %) year financial guarantee period, the improvements to North 8th Avenue have not been installed, the Street Superintendent shall re- evaluate the use and condition of the gravel alley. If the alley becomes a 04-20-98 -------- - . -.-..-..... -..-...-.-- - 33 - primary access route for the Mr. T's site in the future, it shall be paved with hot mix asphalt. All improvements to the public alley right-of-way shall be approved by the City Engineer's Office and made in accordance with City of Bozeman standard specifications. 9. The final site plan and the final landscape plan shall show a six (6) inch line to the proposed fire hydrants, instead of a one (1) inch. . 10. If the lot containing the vehicle storage area is to be further developed in the future, a sewer stub shall be provided. 11. A fixture count shall be prepared for the proposed facility, and the water service shall be sized accordingly. 12. The domestic service line shall be installed by the City of Bozeman to the mechanical room as per City standards and will require a reduced pressure backflow prevention device (with drain). Access to the sanitary sewer shall also be provided. 13. The trap primer shown on Page 1 of the final site plan submittal appears to be a direct cross connection between the sewer and the potable water source. This issue shall be addressed to the satisfaction of the Water/Sewer Superintendent. 14. If occupancy of the structure or commencement of the use is to occur prior to installation of the required outdoor, non-building site improvements (i.e. , landscaping), the applicant shall enter into an Improvements Agreement with the City to guarantee the installation of the required improvements. Said Improvements Agreement shall include detailed cost . estimates for the improvements. The Improvements Agreement shall be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve months; however, all secured site improvements, except for those improvements along the North 8th Avenue frontage, excluding the storm water retention/detention ponds, shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. The security for the improvements along the North 8th Avenue frontage, excluding the storm water retention/detention ponds, shall be valid for a period of not less than two and one-half (2 % ) years; however, those secured site improvements shall be completed by the applicant within two years of occupancy to avoid default on the method of security. 15. Seven (7) copies of the temporary site plan containing all of the conditions, corrections and modifications approved by the Development Review Committee and City Commission shall be submitted for review and approval by the Planning Director within six (6) months of the date of DRC approval. A copy of the approved temporary site plan shall be forwarded to the Building, Streets and Sanitation, Water and Sewer, Engineering, and Fire Departments by the Planning Office. One copy shall be retained in the . Planning Office. 16. No work can be done without first obtaining a building permit. A building permit must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. 17. This project shall be constructed as approved and conditioned in the final site plan, as well as the temporary site plan, submittal. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for 04-20-98 - 34 - review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. Modifications applicable to this requirement include, but are not limited to: a. changes in the size and layout of site elements, such as parking lots, landscaping, buildings, etc.; b. changes in the exterior design of structures; c. changes in the design or structure of signage; and d. the rearrangement of interior areas. . 18. That an Occupancy Permit, issued by the Chief Building Official certifying that all applicable Uniform Building and Fire Codes have been complied with, be issued prior to occupancy of the structure or commencement of the use as an automobile towing and service establishment, and that a copy of said Occupancy Permit be provided to the City-County Planning Office. 19. That the applicant's professional engineer or architect certify in writing that the required on-site improvements have been installed according to the approved final site plan and the temporary site plan, prior to issuance of a Occupancy Permit by the Building Department. Required on-site improvements which may be financially guaranteed prior to issuance of an Occupancy Permit may include landscape, landscape irrigation, fences, project identification signs, refuse screening, or other improvements approved by the City Engineer's Office. 20. That the applicant's professional engineer certify in writing that the rough finish grade, including retention/detention ponds, have been installed according to the approved final site plan, the temporary site plan and site grading plan, prior to issuance of an Occupancy Permit by the Building Department. Rough finish grade means the finished grade exclusive of . sod, turf or topsoil for seeding. 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. Proclamation - "Bovs and Girls Club of Southwest Montana Week" - Avril 19-26. 1998 Mr. Wyeth Anderson, Montana Youth of the Year, presented a group of the students in the Boys and Girls Club of Southwest Montana to the Commission, noting they are some of the individuals who enjoy the benefits of the Club. He noted that a number of activities are planned for this week, including activities which promote safety. Clerk of the Commission Sullivan read the proclamation to the members of the Boys and . Girls Club. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission concur in the Mayor's proclamation of April 19 through 26, 1998 as "Boys and Girls Club of Southwest Montana Week". The motion carried by the following Aye and No 04-20-98 - 35 - vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Break - 4:48 to 4:55 D.m. . Mayor Stiff declared a break from 4:48 p.m. to 4:55 p.m., in accordance with Commission policy. Ordinance No. 1466 - amendina zonina from "R-3" (Residential--medium-densitv) to "B-2" (Communitv Business) on 62.241 acres located in Tract 1 B. COS 1215B. and Tracts 4A and 4B of COS 1215A and from "R-3" ( Reside n tia 1-- med iu m-d e nsity) to "M-1" (Light Manufacturing) on 11.704 acres located in Tract B of COS 1215C (between Oak and Baxter. east of 19th) (Saccoccia) Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1466, as approved by the City Attorney, entitled: ORDINANCE NO. 1466 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "R-3" . (RESIDENTIAL--MEDIUM-DENSITY DISTRICT) TO "B-2" (COMMUNITY BUSINESS DISTRICT) ON 62.241 ACRES LOCATED IN TRACT 1B, CERTIFICATE OF SURVEY 1215B, AND TRACTS 4A AND 4B OF CERTIFICATE OF SURVEY 1215A AND BY AMENDING THE ZONING DESIGNATION FROM "R-3" (RESI DENTIALnM EDI UM -DENSITY DISTRICT) TO "M-1" (LIGHT MANUFACTURING DISTRICT) ON 11.704 ACRES LOCATED IN TRACT B OF CERTIFICATE OF SURVEY 1215C. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission finally adopt Ordinance No. 1466, amending the zoning designation from "R-3" Residential--Medium-density, to "B-2", Community Business, on 62.241 acres known as Tract 1 B, Certificate of Survey No. 1215B, and Tracts 4A and 4B, Certificate of Survey No. 1215A, and from "R-3" Residential--Medium-density, to"M-1", Light Manufacturing, on 11.704 acres known as Tract B, Certificate of Survey No. 1215C. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, . Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Ordinance No. 1467 - addina Section 18.65.155 to the Bozeman Municical Code. Droviding for regulation of signs erected in coniunction with non-orofit activities on public DroDertv Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1467, as approved by the City Attorney, entitled: 04-20-98 . - -. --..- - 36 - ORDINANCE NO. 1467 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A SECTION TO BE NUMBERED SECTION 18.65.155; PROVIDING FOR THE REGULATION OF SIGNS ERECTED IN CONJUNCTION WITH NON- PROFIT ACTIVITIES ON PUBLIC PROPERTY. . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission finally adopt Ordinance No. 1467, adding Section 18.65.155 to the Bozeman Municipal Code, providing for regulation of signs erected in conjunction with non-profit activities on public property. 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. Ordinance No. 1468 - amending Sections 18.65.020 and 18.65.070 of the Bozeman Municical Code. re sians for non-residential uses in residential zonina districts and establishina the definition of "noncommercial sceech" Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1468, as approved by the City Attorney, entitled: . ORDINANCE NO. 1468 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 18.65.020 AND SECTION 18.65.070 OF SAID CODE TO 1) PROVIDE FOR THE REGULATION OF PRINCIPAL USE, CONDITIONAL USE, AND HOME OCCUPATION SIGNS IN RESIDENTIAL ZONING DISTRICTS, AND 2) TO ESTABLISH A DEFINITION FOR "NONCOMMERCIAL SPEECH." It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1468, amending Sections 18.65.020 and 18.65.070 of the Bozeman Municipal Code, re signs for non-residential uses in residential zoning districts and establishing the definition of "noncommercial speech". The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. . Ordinance No. 1469 - amendina Section 10.32.410 of the Bozeman Municical Code. croviding for adiustments in fines for various carkina violations Previously included in the Commissioners' packets was a copy of Ordinance No. 1469, as approved by the City Attorney, entitled: 04-20-98 ..----.--...- -------- --------- --------------- --- ---------------- ___. .._n.___ ....___.____. - 37 - ORDINANCE NO. 1469 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 10.32.410 OF SAID CODE; PROVIDING FOR ADJUSTMENTS IN FINES FOR VARIOUS PARKING VIOLATIONS. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the . Commission finally adopt Ordinance No. 1469, providing for adjustments in fines by establishing a minimum fine of $15.00 for most parking violations. 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 City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Note to Commissioners regarding a citizens task force meeting regarding the . Detention Center scheduled for 6:30 p.m. on Wednesday, April 22, at the Courthouse. Commissioner Rudberg stated that a gentleman from Missoula is going to speak at the meeting. She noted that many of the Legislators are expected to be in attendance, and the media has been notified of the meeting. (2) Copy of a memo from Caren Roberty to the Community Affordable Housing Advisory Board members forwarding the agenda for their meeting to be held at noon on Tuesday, April 21, in the Conference Room. (3) Minutes from the March 26 meeting of the LEPC. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 21, in the Commission Room. (5) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on . Tuesday, April 21, in the Commission Room. (6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, April 21, at the Gallatin County Courthouse. (7) The City Manager submitted his weekly report, as follows. ( 1) Stated that the Mr. T's project is an example of the great amount of effort by staff to accommodate a 04-20-98 -.....--- ..-...-. __u_ __ ___ - 38 - business, noting that many hours went into making it a viable proposal. He noted that, with the installation of a sprinkler system, many of the Fire Department's concerns will be alleviated. (2) Announced that on Wednesday, he will attend a "marathon" 9-1-1 administrative board meeting and Assistant City Manager Brey will attend the Transportation Coordinating . Committee meeting. (3) Announced that on Wednesday afternoon, he and Assistant City Manager Brey will travel to Vermillion, South Dakota, to attend the annual meeting of the Greater Open Spaces City Managers' Association (GOSCMA), and Administrative Services Director Gamradt will serve as the Acting City Manager in their absence. He noted that one of the sessions will be a presentation on a time management system by one of Stephen Covey's staff. (4) Attended the AARP's monthly meeting today. (5) Announced that the City has a new Internet address, so it is now easier to find. He stated that the minutes and agendas are now available on the Internet, and the next step will be to get E-mail addresses for everyone, including the Commissioners if they wish. He also noted that the Building Inspection Department has posted information on getting permits on the City's home page and the next step will be to provide the application forms. . (8) Assistant City Manager Brey stated that he has been working on the scope of services to be presented at the Transportation Coordinating Committee meeting on Wednesday. (9) City Attorney Luwe submitted the following. (1) Attended the MMIA board meeting on Friday. He noted that the board is discussing the possibility of providing property insurance for cities and towns. (2) Stated that the MMIA and MACo are conducting a seminar for City and County staff, and several staff members are attending it, including two of the staff attorneys. (10) Clerk of the Commission Sullivan stated that the initial round of applications for Deputy Clerk closed last Monday and, since only one qualifying application was received, the position has reopened. (11 ) Mayor Stiff stated that he attended a dinner meeting at the Senior Center last . evening, and the expanded area was full. He noted that the seniors have fully paid for the building expansion, and they are now being challenged to raise funding for improving the parking lot and installing landscaping. He emphasized the work ethic and expertise of the seniors involved in the local program, noting that is what makes it so successful. 04-20-98 ----...-----..- --- .. ---. - -- ..------....-- ... -.. -,,--- --.. - 39 - (12) Commissioner Smiley asked City Manager Johnson about speakers behind the Commission bench, noting that some of the Planning Board members are unable to hear the other members. The City Manager stated he is concerned about the possibility of feedback from speakers . located behind the bench, but he will ask Neighborhood Coordinator/Grantsperson James Goehrung to check out the possibility of adding speakers. Assistant City Manager Brey cautioned that if people do not speak directly into the microphones, the system does not work properly. (13) Commissioner Rudberg submitted the following. (1) Stated that Chad Groth has submitted to her the first group of flyers that he has removed from poles. She noted that others are to bring in the flyers they remove from poles as well. (2) Noted that the City Manager will have tools available at 10:00 a.m. at City Hall for those Commissioners participating in the Clean Up Bozeman campaign. (14) Commissioner Rudberg expressed concern about the incredible burden that having E-mail addresses might place on staff and asked if steps can be taken to ensure that it does not . occur. The City Manager responded that E-mail provides one more way to communicate with the public. He recognized that it is possible to have a significant impact on staff through this mechanism and assured the Commission that it will be closely monitored and, if it becomes a burden, it can be eliminated. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Award bid for 1998 Sidewalk ReDair Proaram to Concrete SDecialties. Inc.. Bozeman. Montana. in the bid amount of $28.863.50 AdoDt Water Facilitv Plan for Bozemanl Montana. dated November 24. 1997. as DreDared by MSE-HKM Enaineerina . Authorize City Manaaer to sian - Grant Reimbursement Aareement for Highland Boulevard Pedestrian/Bicycle Path between City and Gallatin County - to allow County to contribute monies received from the Montana DeDartment of TransDortation toward Droiect ADDlication for Beer Licenses - Gallatin Valley Softball Association - for tournaments to be held at the Recreation ComDlex on May 29-31. June 5-7. June 12-14. June 19-21. June 26-28. July 10-12. July 17-19. July 04-20-98 - --- --.-----.- ----- -.----.--.-...---- - 40 - 24-26. Julv 31-Auaust 2 and August 7-9. 1998; continaent ucon receict of State licenses Accointment of Commissioner Youngman and Commissioner Smilev to sub- committee to review Pledaed Securities as of March 31. 1998 Proclamation - "Bozeman Crime Victims' Riahts Week" - Acril 19-25. 1998 . Building Inscection Division recort for March 1998 Claims It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Recess - 5:15 C.m. Mayor Stiff declared a recess at 5: 15 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Reconvene - 7:00 c.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearing - amendments to Bozeman Area Subdivision Regulations to clarifv various sections. amend carkland reauirements for subdivisions within city limits. amend flood hazard evaluation crocedures. add Gallatin County road imcact fee regulations and amend Gallatin County fire crotection imc8ct fee reaulation {P-9812} This was the time and place set for the public hearing on amendments to the Bozeman Area Subdivision Regulations, under Application No. P-9812, to clarify various sections, amend parkland requirements for subdivisions within city limits, amend flood hazard evaluation . procedures, add Gallatin County road impact fee regulations and amend Gallatin County fire protection impact fee regulation. Included in the Commissioners' packets was a memo from Assistant Planning Director Debbie Arkell to the City-County Planning, dated March 31, requesting that the Board open and 04-20-98 -------- - 41 - continue the public hearing to April 21. In light of that continued public hearing, staff requested that the Commission continue this public hearing to May 4. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission continue this public hearing to May 4, 1998, to give the City-County Planning e Board an opportunity to conduct its hearing on this application and forward its recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Public hearing - COA with deviations from Sections 18.18.050 and 18.50.160 of the Bozeman MuniciDal Code to allow enclosure of an existing front Dorch, addition of a new front Dorch, new rear vard deck and mud room addition on existina non-conformina structure on Lots 7 and 8. Block F. Hoffman's Addition - Chris and Tina Covle. 429 South Black Avenue (Z-9837) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviations from Sections 18.18.050 and 18.50.160 of the Bozeman Municipal Code, as requested by Chris and Tina Coyle under Application No. Z-9837, to allow the enclosure of an . existing front porch, the addition of a new front porch, addition of a new rear deck and addition of a mud room on an existing non-conforming structure on Lots 7 and 8, Block F, Hoffman's Addition. The subject property is more commonly located at 429 South Black Avenue. Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He reviewed the different elements of the application, which include the enclosure of the existing front porch to create a foyer, addition of a new front porch on the eastern elevation which encroaches 20 feet 4 inches into the required 25-foot front yard setback, the addition of a new rear deck and mud room addition on the west elevation, and a dormer on the north side. The Historic Preservation Planner stated that staff has reviewed this application in light of the criteria established in the zone code, and the staff's comprehensive findings are . contained in the written staff report which has been distributed to the Commission. He summarized those findings, noting that staff is generally supportive of the application, citing its high quality and noting that it will represent an improvement to the property. He stated, however, that staff is concerned about the proposed enclosure of the existing front porch and addition of a new front porch area because of its significant encroachment into the front yard 04-20~98 - 42 - in this historic district and has recommended a condition to not allow that portion of the application. He stressed that the condition, as written, does not preclude the possibility of enclosing the existing porch at some time in the future and reconfiguring a new front porch to minimize the needed encroachment. He noted that his office has received telephone calls from e people who were concerned about this portion of the application; however, to date no written comments have been received. Mr. Chris Coyle, applicant, stated that they have resided in this home since 1992 and are trying to improve the property as well as add space for them and their two growing boys. He noted that they also own the house next door to this home, and they have upgraded that house as well. He then indicated his willingness to accept the conditions as recommended by staff. No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness with deviations from Sections . 18.18.050 and 18.50.160 of the Bozeman Municipal Code, as requested by Chris and Tina Coyle under Application No. 2-9837, to allow the enclosure of an existing front porch, the addition of a new front porch, addition of a new rear deck and addition of a mud room on an existing non-conforming structure on Lots 7 and 8, Block F, Hoffman's Addition, subject to the following conditions: 1. To better conform with existing front yard setback requirements, maintain the existing historic character of the South Black Avenue streetscape as well as the historic residence in question, and likewise address expressed neighborhood concerns, the proposed addition of a new front porch shall be disallowed. 2. The applicant should seriously consider redesigning the proposed deck railing to be more compatible with the existing character of the historic residence in question. Following the existing rail design on the rear and front porch would be most appropriate. The height of the proposed deck railing may also not meet building code stipulations for height and safety. . This matter should be looked into prior to applying for a building permit. 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 04~20-98 - 43 - approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. . Adjournment - 7:10 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner 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. ~-/ .~~ ALF . STIFF, Mayor ~~--~ ATTEST: . r2k . . :I~ ROBIN L. SULl~V AN Clerk of the Commission . 04-20-98