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HomeMy WebLinkAbout1998-04-06 Minutes, City Commission .,r" ,,r-' -..,....- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 6, 1998 ***************************** e The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 6, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Februarv 17. March 9. March 16 and March 23. 1998 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the _ minutes of the meetings of February 17, March 9 and March 1 6, 1998, be approved as submitted, and the minutes of the meeting of March 23, 1998 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Mayor Stiff deferred action on the minutes of the meeting of March 2, 1998, to a later date. Reauest for Dermission to address Commission re snow removal on snow routes - Gene Murrav Included in the Commissioners' packets was a letter from Mr. Gene Murray, dated March 12, forwarding his request to address the Commission at this meeting. . Mr. Gene Murray stated that he has requested permission to address the Commission regarding the City's policy on snow removal along snow routes on behalf of his Mother, who lives at the corner of North Tracy Avenue and Peach Street. He noted that the City trucks travel along Peach Street on a regular basis as they go to and from the City Shops, and they often have their blades down when doing so. He expressed concern that they often drive down 04-06-98 ----.-. ~,.,'. . -." ,- -- ....."'- .~.. ..--------'.-. ---~~-'-..::-- ~ 2 ~ the street at upward to 30 miles per hour, which throws the snow a substantial distance. He also noted that last winter, as much as 3 feet of snow was piled up in her driveway. Mr. Murray stated that, because he knows the City trucks tend to plow Peach Street often during the hours immediately following a snow storm, he waits for several hours after the . snows have quit to shovel her sidewalk and driveway, but makes sure the snow removal is completed within 24 hours. He noted, however, that in several instances, the snow plows have come back by her house and thrown the snow back up onto the sidewalk and driveway after he has cleared them. Mr. Murray stated that on February 9, he cleared his Mother's sidewalk in the morning and then, late in the afternoon, the City snow plows threw the slushy snow over the berm created by clearing the sidewalk and onto the sidewalk, where it froze during the night. He noted that the "snow police" then put a notice on the door because the sidewalk was not clear. He stated that, at that point, he was unable to get the snow and ice off the sidewalk, noting that sand only treats the symptoms. Mr. Murray stated he does not know how the City expects citizens living along snow . routes to keep their sidewalks clear with the City's current policy on plowing those streets. He then asked the Commission to examine the policy and procedure. He recognized the community is lucky to have the streets plowed, but those who live along the snow routes should also be considered. Mayor Stiff recognized Mr. Murray's concerns, noting that other residents along Peach Street have voiced similar concerns. He then indicated that this matter will be referred to the City Manager, to address the issue prior to next snow season. The Commission thanked Mr. Murray for his presentation. Preliminary plat review ~ StoneRidae Minor Subdivision. No.1 (P-9749) and No.2 (P~975Q) and Conditional Use Permit for Planned Unit Development (Z~97176) ~ Cape~France Enterprises ~ five~phased. mixed~use PUD consisting of residential. commercial and industrial uses on . approximately 99.73 acres located in the ElL Section 2. T2S. R5E. MPM (North 19th Ayenue between Durston Road and Baxter Lane) This was the time and place set for review of the preliminary plats for StoneRidge Minor Subdivision No.1 under Application No. P~9749, and for StoneRidge Minor Subdivision No.2, under Application No. P~9750, and a conditional use permit for a planned unit development, under Application No. Z~97176, as requested by Cape~France Enterprises. Under these 04-06~98 ....- - 3 - applications, the applicant proposes to subdivide and develop, through a five-phase, mixed-use PUD consisting of residential, commercial and industrial uses, approximately 99.73 acres located in the East half of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, more commonly located along the west side of North 19th Avenue between Durston . Road and Baxter Lane. Senior Planner Dave Skelton distributed to the Commission a letter from Lowell Springer, architect representing the applicant, dated April 6, stating that the applicant finds the conditions recommended by staff and the Planning Board generally acceptable. He then indicated that the applicant has indicated a willingness to allow for public testimony on both of the preliminary plats as well as the conditional use permit. The Senior Planner gave a brief overview of the project and highlighted the staff reports for these applications. He noted that the subject property is located in the North 19th Avenue/West Oak Street entryway corridor, and this is the first proposal for development to be considered under those guidelines. He noted that the majority of this property is located along the west side of North 19th Avenue, although Minor Subdivision No.2 contains 11.59 . acres along the east side of the road, immediately south of Baxter Lane. He stated that staff reviewed the subdivision applications in light of the master plan and the goals and objectives; and staff's comprehensive findings are contained in the written staff reports which were distributed to the Commission. Senior Planner Skelton stated that Minor Subdivision No.1 contains 28.42 acres and is located at the northwest corner of the intersection of North 19th Avenue and Durston Road. He noted that under this application, four lots for commercial development are to be created, with the remaining 23.66 acres being further subdivided at some time in the future. He indicated that under this subdivision planned unit development, the applicant is proposing to construct private streets in 40-foot-wide rights-of-way and is further proposing to reduce the front yard setbacks along those streets from 25 feet to 15 feet. . The Senior Planner stated the primary issue of concern is the requested reduction in the standard for private streets because of the layout of the subdivision. He then noted that this subdivision is quite long and narrow, with a 50-foot-wide greenway corridor along North 19th Avenue and an open space corridor and streambank setback from Catron Creek, which runs through the subject property. 04-06-98 - 4 - The Senior Planner stated that Minor Subdivision Nos. 1 and 2 and the zoning planned unit development for the entire parcel implement the primary items listed in the guidelines for development within the North 19th Avenue/West Oak Street corridor. He stated that, with each phase, the developer will install the full streetscape and provide the linear trail; and, as . each individual lot is developed, the developer will finalize the landscaping for that lot. Senior Planner Skelton stated that the City-County Planning Board conducted its public hearing on Minor Subdivision No.1, as proposed under Application No. Z-9749, at its meeting held on March 17. He stated that following the public hearing, consideration of the criteria and review of the staff report, the Board forwarded a recommendation for approval, subject to the conditions recommended by staff. He noted that no public testimony was received at the Planning Board hearing, and no testimony has been received as of this afternoon. Responding to Commissioner Frost, Senior Planner Skelton stated that the Development Review Committee recognized that the intersection of Durston Road and North 19th Avenue currently operates at a Service Level "F", and the intersection must be improved to at least a Level "C" prior to development of this subdivision. He noted that those improvements may be . either installed or financially guaranteed by the developer prior to filing of the final plat, but the improvements must be completed prior to the issuance of any building permits. Further responding to Commissioner Frost, the Senior Planner stated that the impacts this subdivision might have on North 20th, 21 st and 22nd Avenues south of Durston Road was taken into careful consideration. He stated that the traffic plan for development of this subdivision has identified no significant impacts on those roadways, so no improvements or traffic calming devices were required in conjunction with this subdivision. Senior Planner Skelton highlighted the staff report for Minor Subdivision No.2, under Application No. P-9750. He stated this subdivision is Phase V of the entire StoneRidge Planned Unit Development and is to be the site of the new Chamber of Commerce building. He stated there are no requests for reductions in the subdivision or zoning regulations in conjunction with . this minor subdivision. The subject 11.6 acres is to be subdivided into four lots. He noted that the Commission has approved the rezoning of this property to "B-2" and "M-1", and the applicant is in the process of preparing the metes and bounds description of the ordinance to implement these zone changes. He noted that the ordinance must be adopted before filing of the final plat for this subdivision. He stated that the signalization of the intersection of North 04-06-98 -" __...C.- - 5 ~ 19th Avenue and Baxter Lane will be necessary at some time in the future; and this subdivision will be required to participate in the design and installation of that signalization. The Senior Planner stated that the Planning Board conducted its public hearing on this subdivision, as proposed under Application No. P~9750, at its March 17 meeting. Following . that public hearing, consideration of the criteria and review of the staff report, the Planning Board concurred in staff's recommendation for approval, subject to the recommended conditions. He stated that no public comment was received at the hearing, and no comment has been received to date. Responding to Commissioner Rudberg, the Senior Planner stated that waivers for signalization of this intersection have not been required for any other development in the area, although waivers may be required for other vacant properties in the area when development is proposed. Commissioner Frost noted that lighting for the entire development must comply with the zoning regulations. He then asked if a condition should be added to ensure that those regulations are met. . The Senior Planner responded that is an issue that should be addressed under the planned unit development rather than in conjunction with these subdivisions. Senior Planner Skelton turned his attention to the Conditional Use Permit for Planned Unit Development, as requested under Application No. 2-97176. He stated that this application is for the entire 99.37 acres, and provides for phased development. He noted that he and Mr. Springer, the applicant's architect, have spent a considerable amount of time going through the development proposal to ensure that it complies with the entryway corridor requirements. He characterized this as basically a good plan which will implement the unified plan for high-quality development along this entryway to the community. He stated that as each individual development proposal is received, it is evaluated to ensure that it will implement the goals and objectives in the master plan and complies with the zoning requirements. . The Senior Planner stressed that under this application, no specific development proposal is being considered. He noted, rather I that any development within this planned unit development must comply with the guidelines in this document. He stated this document meets the requirements for the greenway corridor along North 19th Avenue and the linear open space along Catron Creek. He characterized a majority of the recommended conditions for 04-06-98 - - 6 ~ approval as attempting to focus on mitigating any conflicts with the zoning ordinance and the design objectives plans for the North 19th Avenue/West Oak Street corridor. He noted that there have been extensive discussions between staff and the applicant's representative about a stronger emphasis on the architectural guidelines and unified features in the plan. He noted . that the issues outlined in the staff report are to be fine tuned before final plan approval for the planned unit development. The Senior Planner stated that 30 percent open space is required for this planned unit development, with 15 percent of the open space being common open space. He noted that the green way corridor along North 19th Avenue and the open space corridor along Catron Creek will be in common open space, so this requirement will be met. Senior Planner Skelton stated the Design Review Board has reviewed this application and supports the guidelines and items identified by staff in the written staff report. The Senior Planner stressed that this application focuses on the protective covenants and architectural guidelines for development of this property. He noted that Rose Park has been identified as a focal point in this area of the community; and a network of trail systems . is designed to provide access to the park. Senior Planner Skelton stated that this would be the time to consider Commissioner Frost's suggestion that a condition be added to require that details of the exterior lighting be provided and that it meet all zone code requirements. Commissioner Frost stated that it appears the lighting units, as proposed, meet zone code requirements. He noted, however, that to avoid any potential for misunderstanding in the future, he feels it would be appropriate to add this condition. Responding to Commissioner Frost, the Senior Planner stated that in Condition No. 14, "North 29th Avenue" should be changed to "North 19th Avenue". He then indicated that this condition simply requires that certain improvements be completed; it does not require that the developer complete the improvements. . Responding to Commissioner Rudberg, the Senior Planner stated that a large part of the wetlands area will be located in Rose Park. He then noted that the applicant has already obtained a 404 permit. He indicated that further review of the wetlands area will be undertaken in conjunction with subdivision review of Phase IV. 04-06-98 _ ".....r..-.-,r".. ---- - 7 - Responding to Commissioner Rudberg, the Senior Planner stated that there is a mechanism for an applicant to request impact fee credits, and that request will be submitted to the Commission for final action. He then stressed that this issue is to be considered separately, and not as part of the applications before the Commission at this time. . Commissioner Youngman stated she feels the lighting must be carefully considered, particularly in those portions of the development which are adjacent to the existing residential neighborhood, and suggested this can be addressed through adequate buffering. She also suggested that buffering should be provided for the parking areas. The Senior Planner responded that landscaping is provided under the architectural guidelines, and that landscaping is designed to provide buffering where necessary. He noted that landscaping has been identified as essential to buffer the rear of buildings and parking lots from North 19th Avenue and along the creek corridor. He then recognized that adequate buffering is an issue which the staff and applicant must address further during the development of this project. He noted that those issues will be more applicable to Phases II and III and possibly Phase IV of the development. In further response to Commissioner Youngman, the . Senior Planner stated that if the time of day for loading and unloading of vehicles is an issue, there is no language in the zone code or the guidelines for this planned unit development to address it. Commissioner Youngman suggested that the Commission consider adding a condition pertaining to this issue, noting that most conflicts between businesses and residential adjacencies seem to arise from this type of issue. Responding to Commissioner Youngman, Senior Planner Skelton stated the most appropriate time to address wetlands issues is during subdivision review. He noted that under this planned unit development, language is included to require that wetlands are identified with each phase of development, and no wetlands have been identified in the two minor subdivisions which are being considered under this agenda item. . Further responding to Commissioner Youngman, Planning Director Epple stressed that this agenda item pertains to a zoning planned unit development and not subdivision of the area where the wetlands are located. He then stated that the subdivision regulation allow for dealing with environmental features like wetlands. 04-06-98 -- --, - --. - - ,~'''""'I':K',~, ~''',~'''':\~':''----'--- ---.. - 8 - Responding to Mayor Stiff, the Senior Planner confirmed that the phases of this planned unit development do not need to be developed in numeric sequence. Mr. Lowell Springer, architect representing the applicant, reaffirmed that the applicant is in basic agreement with the conditions as recommended by the Planning Board. . Mr. Springer turned his attention to the issue of impact fee credits, noting that the developer views this as essentially a partnership with the City because the North 19th Avenue corridor is an important entryway to the community. He recognized that some of the intersections along this corridor are operating at an unacceptable level of service, and those issues must be addressed. He noted that those projects are included on the capital improvements project list, and if a developer is required to complete a project on that list to move forward with a relatively minor development, then he should be eligible to receive credits. He indicated his interest in seeing the City revisit the impact fee credit program, simplying it and providing for credit on a dollar-for~dollar basis. Mr. Springer thanked Commissioner Frost for his comments regarding the light fixtures, noting that he and Senior Planner Skelton have also discussed this issue at length. He then . indicated that the lighting he has proposed meets all of the City's requirements in terms of shielding. He stated that finding light designs which meet the City's requirements is difficult, and he has attempted to find one that is architecturally appealing while meeting the regulations. Mr. Springer quickly addressed the issue of buffering, stated that this is a perfect opportunity to provide buffering along the existing waterway and to meet the stringent requirements for landscaping along North 19th Avenue. He then stated that he has talked to residents in Brentwood Subdivision, and they have indicated acceptance of the buffering that has been proposed in conjunction with this planned unit development. Mr. Springer concluded by thanking City staff and various boards for their many hours working on this project. He also recognized the necessity of continuing to work with staff to make sure that all of the conditions of approval are met. . Responding to Commissioner Youngman, Mr. Springer stated that professional offices adjacent to the residential areas might be the best buffer between residential and commercial uses. He then indicated that a slight restriction on the business activities on those lots abutting residential development might be appropriate. 04-06-98 ,.,."~~;.:.:.....",!: - 9 - Commissioner Frost stated that he will not support any of these applications. He recognized that they are well done and that the development will occur. He stated, however, this is new growth, and it will put an extreme economic hardship on existing taxpayers because of the low level at which impact fees are currently assessed. . It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the preliminary plat, as requested by Cape-France Enterprises for StoneRidge Minor Subdivision, No.1, under Application No. P-9749, subject to the following conditions: 1. The final plat shall not be filed until such time as improvements are in place, or financially guaranteed, to improve the level of service at the intersection of North 19th Avenue and Durston Road. Such improvements shall improve the level of service to a level of "c" for the design year which shall be 15 years following construction of the improvements; 2. The final plat shall not be filed until a traffic study is provided by the applicant and approved by the City Engineer that identifies the impacts and level of service at the intersection of North 22nd Avenue and Durston Road. If the traffic study shows that the level of service at the intersection is less than level of service "0", the final plat shall not be filed until such time as improvements are in place to improve the level of service to a level of "C" for the design year which shall be 15 years . following construction of the improvements. In lieu of a traffic study, the applicant shall construct, or financially guarantee the construction of, North 22nd Avenue to city street standards from Annie Street to North 19th Avenue prior to filing of the final; 3. An easement shall be granted on the final plat for the extension of North 22nd Avenue to North 19th Avenue; 4. A one foot wide no access strip shall be shown on the final plat on the south edge of Lot 1 for a distance of 150 feet beginning from the west curb line of North 19th Avenue in accordance with the Section 18.50.110 o of the Municipal Code; 5. Due to the unmitigated traffic impacts on the intersection of Oak Street and North 19th Avenue a restriction shall be noted on the final plat that allows for no structures to be built on Lot 5 until such time as the lot is further subdivided. However prior to further platting, one structure may be allowed along the extension of North 22nd Avenue if it is built to city standards from Annie Street to North 19th Avenue; 6. Since no alternate pedestrian pathway is proposed adjacent to Drive "B", the easement for Drive "B" shall be widened to 51 feet to allow for the e required construction of 5 Y2 -foot-wide boulevards and 5~foot-wide sidewalks on both sides of the 28-foot-wide (back of curb to back of curb) drive; 7. The property owners association, for this subdivision, shall provide for snow removal for Charlotte Street from North 22nd to the beginning of Drive "B", unless the existing temporary cul-de-sac is improved to city standards including curb and gutter, asphalt and sidewalks due to the need to accommodate the city's snow removal program; 04-06-98 '-.....- - 10 - 8. The proposed street names are unacceptable. Drive "B" shall be renamed Charlotte Street and the applicant shall propose a name for Drive "A" which shall be subject to approval by the City Engineer; 9. The final plat shall contain a note stating that the streets within the subdivision are private and the lot owners are responsible for all maintenance; . 10. Drive "A" and Drive "B" shall be signed on both sides with City Standard "No Parking" signs. The number and format of the signs shall be coordinated with the City Sign Department; 11 . Prior to filing of the final plat, curb and gutter and city standard sidewalk shall be designed and constructed along Durston Road from North 19th Avenue to the west edge of Lot 1; 12. City standard residential sidewalks shall be constructed, or financially guaranteed, prior to filing of the final plat as follows: - South side of Lot 1. - Along both sides of Drive "B", full length. - Along the east side of Drive" A", full developed length; 13. That the final plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all appropriate documents, certificates, and be accompanied by all appropriate documents, including a Platting Certificate. Two mylar and two cloth back copies of the final plat must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided, high-density 3 %-inch floppy disk; . 14. That the applicant obtain Montana Department of Health and Environmental Sciences approval of the subdivision prior to final plat approval pursuant to Section 16.16.101 through 16.16.805. A.R.M.; 15. Utility easements, a minimum of twenty (20) feet wide, situated on side and rear property lines for all subdivision lots, shall be depicted on the final plat for review and approval by the Planning Office prior to final plat approval, unless all utility agencies provide written documentation that said utility easements are not necessary. Page one of two for the final plat shall delineate the 12-foot wide utility easement on all street frontages, except that there will be no utilities installed within the 50-foot wide greenway corridor along North 19th Avenue; 16. That all wetlands located within the boundaries of said property be identified on the final plat for review and approval by the City Engineer's Office and Army Corps of Engineers prior to final plat approval; 17. Fifty percent (50%, or 4.263 acres) of the required thirty percent (30%, or 8.526 acres) open space shall be provided in common ownership and noted accordingly on the subdivision plat. To accomplish this the greenway corridor should be identified on the final plat as a "50-foot wide public greenway corridor common open space easement"; likewise with . the 35-foot and 70-foot wide stream corridor for Catron Creek; 18. The final plat shall delineate the thirty-five (35) foot stream setback from Catron Creek; 19. The 40-foot wide private access and utility easement shall be located entirely outside of the thirty-five (35) foot stream setback for Catron Creek; 04-06-98 . - -- _n __ ~\~ - 11 - 20. The remaining portion of Lot No.5, located between Lot No.4 and the future extension of North 22nd Avenue, is relatively long and narrow for development as professional offices based on the yard setbacks and future frontage on a public street. A redesign of this portion of the minor subdivision should be considered to avoid future hardships with development of this area of the subdivision; 21. That the applicant comply with the recommendations of the County Road . and Bridge Superintendent as outlined in the memorandum of February 9, 1998 prior to final plat approval; 22. That the developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of the cost of the remaining improvements; 23. That the developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for final plat approval for StoneRidge P.U.D. Minor Subdivision No. 1; and 24. That the applicant submit with the application for final plat review a written narrative stating how each of the above conditions of preliminary plat approval have been satisfactorily addressed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Rudberg, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No being Commissioner Frost. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the preliminary plat for StoneRidge Minor Subdivision No.2, subject to the following conditions: 1. The applicant shall have a signal warrant study completed by a Professional Engineer for the intersection of North 19th Avenue and Baxter Lane considering the impacts of the Post Office which will be open prior to platting of the subdivision. If the warrant study indicates that a signal is currently warranted, the final plat shall not be filed until such time as the signal and associated intersection improvements are in place, or financially guaranteed. The signal and intersection improvements shall improve the level of service to a level of "c" for the design year which shall be 15 years following construction of the improvements. Any signalization and intersection improvements shall be subject to approval of the City Engineer and the Montana Department of Transportation. And if . the warrant study indicates that a signal is not warranted at this time, but will be warranted at the time of full development of the subdivision, the applicant shall provide preliminary signalization plans for the intersection subject to approval of MDT and the City Engineer and a detailed estimate of the expected cost and prior to final plat approval the applicant shall provide to the city funds in the amount of 50% of the estimated costs of the approved signalization design. Alternatively, to comply with this condition, prior to filing of the final plat the applicant may enter into an agreement with the city, subject to the 04-06~98 -. -..- - 12 - approval of the City Commission, for the installation of a traffic signal and associated intersection improvements at North 19th Avenue and Baxter Lane. 2. The applicant shall construct deceleration and acceleration lanes in accordance with the Montana Department of Transportation standards on North 19th to facilitate right hand turns onto drive" A" and Baxter Lane, unless the applicant provides a detailed study showing that the lanes are . not required and the Montana Department of Transportation concurs with the recommendation of the traffic study. 3. Prior to the filing of the final plat the applicant shall submit a name for Drive" A" which will be subject to approval of the City Engineer. 4. Prior to filing of the final plat city standard sidewalk shall be designed and constructed or financially guaranteed along Baxter Lane from North 19th Avenue to the east edge of Lot 2. City standard sidewalk or a year around accessible path alternative, subject to approval of the City Engineer, shall be designed and constructed along the entire subdivision boundary along North 19th Avenue. 5. Prior to filing of the final plat the applicant shall pay the required amount of the payback of SID 621 sewer payback for the entire subdivision. 6. If at the time of plat filing the proposed 1 2-inch water line in Baxter Lane opposite of Lot 1 has not been installed, the applicant shall install or financially guarantee the installation of the line along the entire frontage of Lot 1 to provide adequate water service to the Lot. . 7. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage. b. Signalization improvements to the intersection of North 19th Avenue and Baxter Lane. c. Signalization improvements to the intersection of North 19th Avenue and Oak Street. 8. That the Final Plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all appropriate documents, certificates, and be accompanied by all appropriate documents, including a Platting Certificate. Two mylar and two clothback 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 % -ich floppy disk; 9. That the applicant obtain Montana Department of Health and Environmental Sciences approval of the subdivision prior to final plat . approval pursuant to Section 16.16.101 through 16.16.805. A.R.M.; 10. Utility easements, a minimum of twenty (20) feet wide, situated on side and rear property lines for all subdivision lots, shall be depicted on the final plat for review and approval by the Planning Office prior to final plat approval, unless all utility agencies provide written documentation that said utility easements are not necessary. Page one of two for the final plat shall delineate the 12-foot wide utility easement on all street frontages, except that there will be no utilities installed within the 50-foot wide greenway corridor along North 19th Avenue; 04-06-98 '~;,',~,. " - - 13 ~ 11 . Fifty percent (50%, or 1.74 acres) of the required thirty percent (30%, or 3.48 acres) open space shall be provided in common ownership and noted accordingly on the subdivision plat. To accomplish this the greenway corridor should be identified on the final plat as a 1150-foot wide public greenway corridor common open space easement" 12. That the applicant comply with the recommended conditions recommended by the Gallatin County Road and Bridge Office, dated . February 9, 1998, prior to final plat approval; 13. That the developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is f iled prior to installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of the cost of the remaining improvements; 14. That the developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for final plat approval for StoneRidge P.U.D. Minor Subdivision No. 1; and 15. That the applicant submit with the application for final plat review a written narrative stating how each of the above conditions of preliminary plat approval have been satisfactorily addressed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No being Commissioner Frost. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the conditional use permit for a planned unit development, as requested by Cape-France, for a five-phase, mixed-use development consisting of residential, commercial and industrial uses, on approximately 99.73 acres located in the East half of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 1 . During the development of each phase of the StoneRidge Subdivision P.U.D., the applicant shall address the applicable items identified by the City Engineer's Office in the recommended conditions outlined in the conclusion of the Staff Report with regard to streets, lot layout, entry way medians, crosswalks, street names, etc. . 2. If at the time of development or platting Oak Street has been reclassified as an arterial street the applicant shall dedicate right-of-way or grant a right-of-way easement to increase the right-of-way width to the standard ninety (90) feet. 3. Improvements to North 19th Avenue including signalization at multiple intersections and road widening will be required prior to development or platting of the property within the planned unit development. The timing and detail of the improvements will need to be identified during the review 04-06-98 - - 14 - of each individual phase of the development. Additional traffic studies may be required as each phase is submitted for review and approval. 4. Due to concerns of adequate north-south transportation facilities in Phase 3, additional review of this issue will be required at the time of subdivision review. 5. The lack of a public street in phase 4 is undesirable. The applicant shall . provide a detailed layout of the proposed use and further justification for the private street subject to approval of the City Engineer. The design shall provide for either boulevard sidewalks on both sides of the drive or some other acceptable form of pedestrian conveyance on both sides of the drive. 6. The applicant shall provide a detailed layout of the proposed uses and justification for the proposed nonstandard lots (lots without street frontage and lots that do not meet the standard depth to width ratios) subject to approval of the City Engineer. In general the nonstandard lots do not have adequate access nor are the dimensions conducive to development. As proposed, the lots without access to sewer or water mains will require additional main extensions to allow for development of the parcels. 7. If at the time of development or platting Oak Street has been reclassified as an arterial the applicant shall dedicate right of way or grant a right of way easement to increase the right of way width to 90 feet. 8. Although the proposed entryway median offer the ability to continue the greenway belt through the proposed streets, the medians, as proposed, have the potential to increase pedestrian/traffic conflicts and also may be . confusing to traffic entering the streets from North 19th Avenue, therefore the medians will be subject to approval, or disapproval, of the City Engineer at the time of plan and specification review. 9. The proposed cobblestone crosswalks shall not be installed in any public street. 10. All drive access to the lots shall be restricted in accordance with Section 18.50.110.0 of the Zone Code. No access strips will be required on all plans to comply with this criteria. 11 . The street names will be subject to further review and approval by the City Engineer. The names, as proposed, do not fit into the City's street addressing system. 12. The applicant is advised that although the general concept of the proposed sewer and water infrastructure layout appears to be acceptable, additional review will be completed during the review of the various phases. Please note the exhibits provided indicate that Lot 45 does not have sewer service and Lot 46 does not have sewer or water service. The final layout will require water main looping in accordance with the City's policy. . 13. All streets shown in the public right of way shall be constructed to city standards. All private streets shall include sidewalks and boulevards on both sides of the street (or some other acceptable means of pedestrian conveyance) and be a minimum 28 feet wide from back of curb to back of curb. 14. Improvements to North 19th Avenue including signalization at multiple intersections and road widening will be required to development or platting of the property within the PUD. The timing and detail of the improvements will need to be identified during the review of each 04-06-98 - 15 - individual phase of the development. Additional traffic studies may be required as each phase is submitted for review and approval. 15. The property owner's association by-laws, protective covenants and landscape guidelines shall be revised to specify that fifty percent (50%) of the required thirty percent (30%) open space shall be in common ownership as required by the Zoning Ordinance. In the case of the green way corridor and Catron Creek stream corridor, both open space corridors . shall be referred to as "public common open space easements". 16. That Exhibit B-4, and all other applicable exhibits, shall be revised such that they do not suggest a relaxation in the regulatory standards of the Zoning Ordinance (i.e., setbacks, street scape, landscape, etc.) for review and approval by the Planning Office prior to PUD final plan approval. 17. That a typical landscape detail, specifying type of retaining wall, materials and landscape to be used, shall be provided in the landscape guidelines for the PUD, which will specifically outline the required landscape for all development proposals along the private streets in Minor Subdivision No. One where the applicant has requested a reduction in the twenty-five (25) foot front yard setback to fifteen (15) feet. Said landscape detail shall be reviewed and approved by the Planning Office prior to final PUD preliminary plan review approval. 18. That the protective covenants and landscape guidelines for the PUD where said front yard setback is requested to be reduced from 25 feet to 15 feet in Minor Subdivision No. One (Phase One of the PUD) shall limit the amount of the front yard to be used for retention/detention ponds to not more than one-third the lineal frontage of each individual lot. . 19. That the applicant outline in the protective covenants and restrictions how landscape improvements to the Catron Creek stream corridor will be installed similar to the provisions outlined for the green way corridor along North 19th Avenue, for review and approval by the Planning Office prior to PUD final plan approval. 20. That the applicant submit a written narrative outlining how each condition of PUD preliminary plan approval has been satisfied, for review and approval by the Planning Office prior to PUD final plan approval. 21. A typical landscape detail, specifying type of materials and landscape to be used, shall be provided in the landscape guidelines for the PUD, which will specifically outline the required landscape for all development proposals along the private streets in Minor Subdivision No. 1 where a reduction in the twenty-five (25) foot front yard setback has been requested by the applicant. Said landscape detail shall be reviewed and approved by the Planning Office prior to final PUD preliminary plat review approval. 22. The protective covenants and landscape guidelines for the PUD where said front yard setback is requested to be reduced from 25 feet to 15 feet in . Minor Subdivision NO.1 (Phase One of the PUD) shall limit the amount of the front yard to be used for retention/detention ponds to not more than one-third the lineal frontage of each individual lot. 23. That the applicant revise the necessary language and applicable guidelines in the Development Manual to avoid conflicts with the regulatory standards set forth in the Bozeman Area Zoning Ordinance, Design Objectives Plan for Entryway Corridors, and Bozeman Area Subdivision Regulations, for review and approval by the Planning Office prior to PUD final plan approval; and 04-06-98 . '..,,'.....-.'.- -- ~ ..... ---~---_._- --- .,----- .. ---------------, --- - 16 - 24. That the applicant include the necessary exhibits that are referred too throughout the Development Manual, specifically, but not limited too, Exhibit" A", for review and approval by the Planning Office prior to PUD final plan approval. 25. That the applicant modify, condense and numerically list each page of the Development Manual in its entirety, such that each section of the document is easier to find for review of said guidelines by future land . owners and developers, and that said revised developmental manual be submitted to the Planning Office for review and approval prior to PUD final plan approval. 26. That the applicant revise the necessary language and applicable guidelines in the Development Manual to avoid conflicts with the regulatory standards set forth in the Bozeman Area Zoning Ordinance, Design Objectives Plan for Entryway Corridors, and the Bozeman Area Subdivision Regulations, for review and approval by the Planning Office prior to PUD final plan approval. 27. That the applicant include the necessary exhibits that are referred to throughout the Development Manual, specifically, but not limited to, Exhibit" A", for review and approval by the Planning Office prior to PUD final plan approval. 28. That the applicant expand on the comments provided by the Planning Staff in the Staff Report regarding architectural guidelines and design features that are referred to in the Development Manual as "examples of good design features", and that the applicant provide general architectural guidelines containing character-giving features for each individual phase . of the planned unit development based on the land use classification and land use patterns, for review and approval by the Planning Office. 29. That the applicant revise the landscape guidelines in the development Manual according to the general comments provided by the Planning Office in the Staff Report, for review and approval by the Planning Office prior to PUD final plan approval. 30. That the applicant address the items outlined in the Staff Report regarding pedestrian circulation, protective covenants, and Design Objectives Plan for Entryway Corridors, for review and approval by the Planning Office prior to PUD final plan approval. 31. That language in the architectural and landscape guidelines in Part III of the Development Manual containing phrases with terms referring to design considerations "should" or "mav" be given to the incorporation of design features, is modified to say "shall" or "will", subject to review and approval by the Planning Office prior to the PUD final plan approval. 32. That the protective covenants shall be amended to address the issues of hours of operation and the hours of loading and unloading for those commercial uses which are adjacent to residential neighborhoods. . 33. The architectural guidelines shall include a detail of the lighting fixture. All lighting fixtures must incorporate cut-off shields to direct light downward. Luminaires shall not be visible from adjacent streets or properties. Fixtures should be compatible with architectural and site design. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 04-06-98 "'..1-:--'1""__' -."'.' '."~ .,_.,_.. ---.. .--:--- ,. --- - - 17 - Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No being Commissioner Frost. Preliminarv olat review - Harvest Creek Subdivision - Morrison-Maierle. Inc.. for Homelands Develooment Co.. L.L.C. - subdivide 85 + acres located in the SW%. Section 2. T2S. R5E. . MPM. into 230 single-familv residential lots (between Durston Road and West Oak Street. J4 mile west of Emilv Dickinson School) (P-9762) This was the time and place set for review of the preliminary plat for Harvest Creek Subdivision, as requested by Morrison-Maierle, Inc. for Homelands Development Co., L.L.C., under Application No. P-9762, to subdivide 85:t acres located in the Southwest One~Quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, into 230 single- family residential lots. The subject property is located between Durston Road and West Oak Street, one~quarter mile west of Emily Dickinson School. Senior Planner Dave Skelton reviewed the staff report. He noted that, prior to the meeting, he distributed copies of a letter dated April 3 from Joe Sabol, attorney for the applicant, regarding some of the recommended conditions for approval. He stated that this . preliminary plat is for the first four phases of the Harvest Creek Subdivision, which is a . proposed eight-phase single-family residential subdivision on over 148 acres. He noted that Phases I through IV are to be located on the 80 + acres on the eastern side of the subdivision. Senior Planner Skelton stated that 230 single-family homes are proposed in Phases I through IV, with a total of 435 single-family homes in the entire subdivision. He noted that, in conjunction with the first four phases, the applicant is proposing to dedicate 13.65 acres of parkland, which meets the parkland dedication requirements for the entire development. He noted that 9.73 acres of the parkland is to be dedicated as open space linear corridor with the remaining 3.92 acres in a park area designated for active recreational uses. He stated the applicant also proposes to relocate Harmon Ditch, which is currently located in the southeast corner of the property, so that it traverses the entire parcel and serves as the focal point of the e linear park dedication. The Senior Planner stated that the Planning Staff and the Development Review Committee has reviewed this application in light of the criteria established in the Montana Code Annotated, and the staff's comprehensive findings are contained in the written staff report which has been submitted to the Commission. He noted that, based on its findings, staff has 04-06-98 - 18 - forwarded a recommendation for approval, subject to 23 conditions. He stated that at its March 17 meeting, the City-County Planning Board conducted the public hearing on this application. Following that public hearing and consideration of the criteria, the staff's findings and recommendations and the public input, the Board forwarded a recommendation for . approval, subject to 22 conditions. Senior Planner Skelton stated that the applicant will be required to install the streets within the subdivision and the identified collectors and arterials which border the property. He noted, in addition, that the 15-inch interceptor sewer line in Hunters Way is identified in the Wastewater Facilities Plan as being needed to serve this area. He noted that the developer is responsible for an 8-inch sewer line, and the City will participate in the project by bearing the costs of oversizing the line to 15 inches to serve this area of the community. The Senior Planner stated that high groundwater is an issue in this area. As a result, staff is recommending that a note be required on the final plat indicating that full basements not be constructed without first consulting an engineer and that daylight basements not be more than three feet below the top of the curb for the adjacent street. He recognized that this . requirement has not been included in the conditions for approval of this preliminary plat, but it could be added if the Commission chooses to do so. The Senior Planner noted that during the Planning Board hearing, there was some discussion on the Development Review Committee's recommended Condition No. 14, pertaining to block lengths. He noted that the subdivision regulations require that a block not be more than 1,200 feet in length. He stated that in this instance, the issue isn't so much the length of the block as it is controlling traffic on Hunters Way. He forwarded a staff suggestion that this condition could possibly be modified to allow the applicant to install traffic calming devices on both sides of Hunters Way at mid-point, with a 20-foot-wide public pedestrian access being provided to the parkland. He further suggested that if the Commission chooses to include this option in the conditions, the design details for the traffic calming devices be . submitted to and approved by the Planning staff and the City Engineer prior to final plat approval. Senior Planner Skelton stated that during review of Phase IV of this development, concern was raised about allowing any further development to occur without upgrading the intersection of Durston Road and North 19th Avenue to a Level"C". He noted that, as a result 04-06-98 -', ,.""'~.. ''''!'..' ~ ~ -,-_.,..- - 19 - of that concern, one of the recommended conditions of approval is that the intersection must be improved prior to filing of the final plat or that a financial guarantee be provided. He stated this will preclude the issuing of any building permits for development within this subdivision until that condition has been met. . The Senior Planner stated the only physical feature within this subdivision is the 161 K.V. power line that runs along the northern boundary of the proposed subdivision. He noted that, to resolve any potential problems that this line might create for any residential development backing up to this boundary, staff has recommended that West Oak Street be developed with a median between the two halves of this roadway. The power line will then be located in the median, with the roadway serving as a buffer between that line and residences. He recognized that this road configuration will require the acquisition of additional right-of-way from this developer. Senior Planner Skelton stated that West Oak Street between North 7th Avenue and North 19th Avenue is designated as an arterial, and West Oak Street west of North 19th Avenue is currently designated as a collector. He noted that the Development Review . Committee has recommended that West Oak Street west of North 19th Avenue be designated as an arterial since this is currently an undeveloped area where adequate right-of-way can be acquired. He characterized it as a logical change, particularly since Durston Road and Baxter Lane are the other two east/west roadways in this immediate area. The Senior Planner gave a brief overview of the key issues in the conditions recommended by the City-County Planning Board. He noted that this include the 15-inch interceptor sewer, the intersection of North 19th Avenue and Durston Road, and parkland dedications and maintenance. The Senior Planner stated that Historic Preservation Officer Derek Strahn has identified an historic farmstead on this property, near Durston Road. He has encouraged the applicant to preserve this farmstead as the focal point of the development, in an effort to preserve the . history of the community. Responding to Commissioner Rudberg, the Senior Planner stated that under the condition pertaining to a park maintenance district, the district must be in place in conjunction with Phase I. He noted that the subdivision would contract for maintenance of the parkland, and the monies generated through assessments for the district would be used to cover those costs. 04-06-98 0 - 20 - Further responding to Commissioner Rudberg, the Senior Planner recognized that linear parks can effectively become extensions of people's back yards. He then noted that a minimum number of street crossings on the linear park have been proposed, although a 20-foot- wide park access strip has been proposed at mid-block to provide better access to that facility. . He then noted that discussions have revolved around reducing the amount of parkland devoted to the linear park and around relocating the active park to a more central location within the overall development. He then indicated that the Harmon Ditch currently traverses the southeast corner of the subject, and the developer has proposed to relocate the ditch so that it becomes an amenity to the entire parcel and provides the focal point for the linear park. Mr. Joe Sabol, attorney representing the applicant, stated that his clients have read and understand the conditions recommended by the Planning Board and are willing to abide by them, including the amended Condition No. 14 which Senior Planner Skelton forwarded in his letter dated April 3. He then indicated that the condition to address traffic speeds on Hunters Way is acceptable to his clients. He recognized the potential noise from this site during development, citing the Sundance Springs development as an example. He stated that he has . been assured the appropriate steps will be taken to mitigate the noise associated with the equipment needed to keep the site dewatered during the installation of infrastructure. Mr. Sabol stated that his clients are willing to pay the required impact fees for this development. He noted, however, that they will also seek credits for those projects which are on the capital improvement program and benefit the larger community. Mr. Sabol noted that probably the most important element of the project is affordable housing, stressing that affordable lots are an important component of affordable housing. He stated that many changes have been made to the plan originally submitted, as a result of reviews by the Development Review Committee and the developers themselves. He noted that the "R-2a", Residential--Single-family, Medium-density, zoning designation allows a minimum lot size of 6,000 square feet. He noted that on the initial plans, the average size of the lots in . these phases is 6,500 to 6,700 square feet, and those smaller lot sizes forced cul-de-sac streets which the developers felt were not acceptable. He also reminded the Commission that the entire project covers 148 acres, and this application is for one-half of the site. He then stated that the developers determined that the 6,700-square-foot lots were only $2,385 per lot cheaper than the lot sizes reflected on the plan before the Commission, and that is only 2.3 04-06-98 -- - - 21 - percent of the costs of a $100,000 home. He also suggested that developing 6,500-square- foot lots has a down side because those lots compete in the same price range as 1/3 to 1/2- acre lots in Belgrade. He noted that, after considering all facets of this development, the applicants chose to create 7,000 to 8,000-square-foot lots at the same price as the 6,500- . square-foot lots would have been marketed. He then stressed the importance of ensuring that affordable housing units are spread throughout the community and not clustered in one small area of a larger development. Mr. Sabol noted that there is little vacant "R-2a" zoned property in Bozeman. He noted that in Durston Meadows, lots are 5,300 square feet in size, and a 1 ,200-square-foot home on one of those lots costs $110,000. He suggested that this graphically reflects that the lot size has little to do with the overall cost of the home. He stated that his clients will make an honest and sincere effort to develop a lot and home package in the $90,000 to $100,000 price range, although the actual final costs will be dependent on the improvements attached to this preliminary plat. He then forwarded his clients' concern about cutting the lot sizes to conform to the regulatory policy which "has been sitting around for four years". . Mr. Sabol addressed the issues which drive up the costs of a lot in Bozeman, which include the land costs and the infrastructure costs, both on-site and off-site. He cautioned that every condition imposed on approval of an application is money to the developer. He noted that, for this project, the infrastructure costs will be three to five times the cost of the land, and estimated that the cost of the lots will be over $15,000 per lot, not counting the costs of installing a traffic signal at the intersection of West Oak Street and North 19th Avenue or moving the Montana Power Company power line; and adding those figures will raise the cost per lot to approximately $20,000. He noted that, at today's costs of approximately $60 per square foot, a 1 ,200-square-foot house will cost $72,000 to construct, raising the total cost of a home in this subdivision to $92,000. He stressed that these figures include no impact fees, no profit for the developer, no sales costs, no closing costs, no title insurance and no . realtor fees. He stressed that, in view of these costs, it is extremely difficult to keep the cost of a new home in Bozeman below $100,000. He noted that there is no incentive for a developer to provide this type of housing. Mr. Joe Sabol encouraged the Commission to take the steps to implement the regulatory reforms identified in the affordable housing policy adopted in 1994, noting that they would 04-06-98 -- - ----~ --. ----.,...... .- -------.-.- ,.-------.. --------.,... . ...------ ..-. - 22 - benefit all developers. He suggested that this would be accomplished by directing staff to develop proposed revisions to the zone code as well as the subdivision regulations, and stressed the importance of the City taking the lead on the affordable housing commitment to the community. . Mr. Sabol then noted that going through the review and approval process is quite lengthy. He stated that it has taken three months to reach this stage in the review process, and review of the infrastructure plans could easily take another three months, which means the applicants will probably not be able to undertake construction until at least late this summer or fall. He also noted that no homes can be constructed until the infrastructure is in place. He noted that if a developer could begin building homes at the same time the infrastructure is being installed, with occupancy permits not being issued until the infrastructure is in place, then more affordable houses could be provided. Mr. Sabol recognized that the economy of scale is also important in providing affordable housing. He noted that in this development, over 400 lots are to be created. He also noted that the contractors must recognized that a minimum profit will be realized on some of the . homes within the development. He also indicated that, through the installation of modular homes on permanent foundations, more affordable homes can be provided. He estimated the costs for the various elements of that type of housing, with the lot costing $20,000, the foundation costing $8,000 to $10,000, and the modular home costing $40,000 to $50,000. Mr. Sabol concluded by encouraging the Commission to re-evaluate its affordable housing policy and to pursue code changes to enable the provision of affordable housing. He recognized that the City staff is extremely busy, but if the Commission establishes these revisions as a priority item, they will be more quickly accomplished. Responding to Commissioner Youngman, Mr. Sabol expressed concern about possibility limitations on pumping for dewatering purposes during construction. He recognized that the impacts from the noise created by the pumps must be mitigated as much as possible; however, . he stressed that once the pumps are started, they cannot be shut off at 5:00 p.m. daily. Commissioner Youngman noted that, while it appears the intent of this project is to provide some more affordable units, there is only a generic statement in the information provided and no firm commitment to do so. 04-06-98 ~ 23 ~ Mr. Sabal respanded that they discussed this issue several times but were unable ta develap any definitive statements that cauld be included in the prapasal. He suggested, hawever, that through the canstructian 'Of stick~built hames which cast $90,000 ta $100,000 and the installatian 'Of madular hames, the casts 'Of the housing in this subdivision can be kept e quite low. He then encouraged the Commissioners to recognized that this application is for ~ 'Only 'One-half 'Of the subdivisian, and any revisians ta the affardable hausing palicy between now and the time the secand half 'Of the subdivision is cansidered cauld help ta reduce the casts 'Of the hausing in that partian 'Of the develapment even further. Cammissioner Yaungman noted that the City allawed the simultaneaus installatian 'Of infrastructure and the dwelling units for the Bazeman Interfaith Hausing project, and she feels that a similar appraach cauld be taken within this subdivisian if affardable hausing units are guaranteed. She then indicated an interest in trying ta reach a mutually acceptable arrangement that will ensure the pravisian 'Of affardable hausing within this subdivisian. Cammissianer Rudberg recagnized that this development is ta be campleted in several phases. She nated that the pravisian 'Of affardable hausing in Phase III has been propased and, . if the City does not have a set policy in place, she does not see how the Commission can address the issue in canjunctian with this application. Respanding ta questions fram the Cammission, City Attarney Luwe stated that the Cammissian may imp'Ose reas'Onable c'Onditions an this preliminary plat ta ensure that the health and safety 'Of the surraunding neighbarhaads are protected and that identified impacts created by the subdivisian are mitigated. He then indicated that if the Cammissian wishes t'O add a canditian, it shauld ask far the applicant's pasiti'On priar ta making a decisian. Cammissianer Yaungman suggested that the candition pertaining ta Hunters Way and the pedestrian devices be revised ta read "pedestrian access and traffic calming, as approved by the City Engineers' Office, will be done at mid~paint an Hunter's \Nay 'Or a variance will be s'Ought. " . Mr. Jae Sabal respanded it was his understanding that the amended Conditian Na. 14 was the 'One under cansideration at this time. He then indicated his willingness ta strike the 'Option for "variance." Cammissianer Yaungman then suggested that the first 2 Y2 lines 'Of the amended canditian be eliminated, sa the canditian begins with" Applicant is ... " 04~O6~98 - ---------.--- ------.. .:~'~.''''.','';~''.''- . - 24 - City Attorney Luwe stated this is an additional condition, if the Commission chooses to impose it. Responding to Mayor Stiff, Commissioner Youngman stated that, ideally, she would like to work out an affordable housing element with the applicant prior to approval of this . application. She then proposed that the Commission table action on this application for a period of one week to give staff an opportunity to address this issue. Responding to Commissioner Rudberg, Mr. Sabol stated there are a total of eleven phases in this subdivision, and the application before the Commission at this time is for approximately one-half of the property. Mr. Walter Wolf, applicant, stated that the northwest corner of this project is an ideal location for providing affordable housing units. He then indicated he does not feel that the affordable housing issue can be adequately addressed in one week, but indicated that he would be willing to work with staff over the next few months to address that issue in the second half of this project. Commissioner Youngman suggested that a condition be added to ensure that the . affordable housing issue is addressed in future phases of this project. Commissioner Rudberg stated the applicants have done what they were supposed to do to get approval by the Commission, and she does not feel the Commission can delay action and require the applicants to provide affordable housing. She then stated she feels the Commission should set a work session aside to address the issue of affordable housing, rather than trying to consider it in conjunction with a specific application. Commissioner Youngman noted there is no requirement for smaller lot sizes, although she feels it is appropriate to encourage the smaller lots. She recognized that the $2,300 savings identified by the applicant is not a significant amount, but the total savings of $53,000 that the reduction in the price per lot would generate is significant. She also noted that the smaller lots also allow for the delivery of City services in a more efficient and less costly . manner. Responding to Commissioner Youngman, City Manager Johnson stated Mr. Wolf has expressed an interest in working with staff to address the affordable housing issues. He then suggested that if an economic advantage results from that work, the applicant could come back for revisions to one or more of the phases being approved at this time. 04-06-98 - .--.--.--.-----. - 25 - Commissioner Youngman stated she is concerned about the groundwater data being collected in December, indicating that the data does not truly reflect how high the groundwater is. Commissioner Frost stated that traffic patterns remain a major concern, particularly with . the proposed cul-de-sacs and dead end streets. He then stated that he feels another east/west street north of the proposed east/west street is needed. He also expressed concern about the limited access to this subdivision and the impact that will have on the major thoroughfares adjacent to this development. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the preliminary plat, based on the Planning Board record, applied for by Morrison-Maierle, Inc. for Homelands Development Co., L.L.C. under Application No. P-9762, to subdivide 85:t acres located in the Southwest One-Quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, into 230 single-family residential lots, subject to the following conditions: 1 . The developer is advised that the subject property is in the SID No. 621 . (sewer) Far West Payback Area. The complete payback for each phase will be required prior to final plat approval for that phase. 2. All proposed water and sewer mains shall be extended to the property or phase lines to adequately accommodate future extensions and/or looping. Should installation of infrastructure necessary for any phase of the development require cutting North 27th Avenue or Oak Street, a full overlay of the entire street adjacent to the subdivision will be required. 3. With respect to the developer's intentions regarding the financing of the 15-inch sewer main as outlined in the preliminary plat submittal, the owner/applicant is advised that at a minimum they are responsible for the full cost of installing the minimum pipe size diameter needed to serve the development, which may not be less than 8 inches in diameter (irrespective of the capacity required). Any oversizing cost share agreement must be approved and executed by the City Commission prior to initiation of any construction of the sewer 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. . The City will pay only for the cost difference between the main size needed to serve this development and the 15-inch master-planned sewer main. The calculations and assumptions used to establish the main size required by the development shall be submitted to and approved by the City Engineer. 4. As stated in Chapter 16.18.050 D. 7. of the Subdivision Code, the design objective for intersection operation shall be level of service "C" and " ...under no conditions will less than level of service "0" be accepted for site operations. Arterial intersections and turning movements shall operate 04-06-98 -- .-- - 26 - at level of service "C". Therefore, all improvements necessary to provide a level of service "C" at the intersections directly impacted by any phase of this subdivision, as identified by the traffic impact analysis, shall be in place prior to filing of the final plat for that phase. The final character and configuration of the required improvements must be approved by the City Engineer as part of the Plan and Specification review process. The final plat for Phase I may not be filed until the improvements necessary to raise the level of service at the intersection of Durston Road and 19th Avenue . to level of Service C are designed and constructed or financially guaranteed as part of an Improvements Agreement with the City of Bozeman. Pursuant to City Code, no building permits may be issued until those improvements have been completed, inspected and accepted by the City Engineer. As stated in Chapter 16.18.050 D.7. of the Subdivision Code, the design year to be used for those improvements is 15 years. 5. The applicant shall document all utility obstructions/conflicts and address their impact on the West Oak Street and North 27th Street alignments. The recommended timing of the improvements to West Oak Street and North 27th Avenue shall be included in the final traffic impact analysis and Harvest Creek Phasing Schedule, both of which must be approved by the City Engineer. Detailed design of the intersection of West Oak Street and North 27th Avenue shall be reviewed and approved by the City Engineer as part of the plan and specification review process for Phase III. 6. That the applicant install stop signs at all intersections with county maintained roads prior to final plat approval; 7. That the applicant obtain encroachment permits from the County Road Office for all accesses on county maintained roads; . 8. That a one foot wide "No Access" strip be delineated and noted on the final plat for all lots fronting onto Durston Road prior to final plat approval; 9. That the applicant execute at the Gallatin County Clerk and Recorder's Office a waiver of right-to-protest creation of future R.I.D.'s prior to final plat approval; and 10. That the final plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all appropriate documents, certificates, and be accompanied by all appropriate documents, including a Platting Certificate. Two mylar and two clothback 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; 11 . That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to final plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M.; 12. That all references on the preliminary plat and final plat for the proposed major subdivision be referred to as "Harvest Creek Subdivision, Phase I-IV; . 13. That the applicant execute at the Gallatin County Clerk & Recorder's Office documents for the creation of a home owner's association, containing protective covenants, restrictions and articles of incorporation for Harvest Creek Subdivision, identifying at a minimum the items outlined in the staff report, for review and approval by the Planning Office prior to final plat approval; 14. That the applicant obtain written approval from the Bozeman Recreation and Parks Advisory Board regarding the design and location of the dedicated parkland for said major subdivision prior to final plat approval; 04-06-98 --~. - -. n --~ - -...-- - 27 - 15. The final plat shall delineate the thirty-five (35) foot stream setback from Harmon Ditch; 16. That the applicant install a linear trail system located along the linear park land with each phase of the subdivision that complies with the trail standards established by the Bozeman Parks and Recreation Advisory Board, prior to final plat approval of each subdivision phase; . 17. That the applicant execute a park maintenance district for review and approval by the City of Bozeman for maintenance and upkeep of the dedicated park land and trail system prior to final plat approval; 18. That the final plat contain language that is readily visible on the plat placing future land owners of individual lots on notice of the presence of high groundwater in the area of the subdivision for review and approval by the Planning Office; 19. That the applicant prepare a cultural resource survey of the farmstead on said property for submittal with the final plat application for review by the Historic Preservation Officer, and that the applicant give consideration to incorporating the existing farmstead into the overall design of the residential subdivision instead of removing the structures from the site; 20. That the developer shall enter in an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of . the cost of the remaining improvements; 21. That the developer shall have three (3) years from the date of Preliminary Plat approval to complete the conditions of preliminary plat approval and apply for final plat approval for Phase I-IV; 22. That the applicant submit with the application for final plat review and approval of Harvest Creek Subdivision a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed; 23. Block lengths shall be designed to comply with the requirements of Section 16.14.030 of the Bozeman Area Subdivision Regulations. The applicant shall install a traffic calming device along both sides of Hunter's Way at the mid-point between the future extension of West Oak Street and Annie Street, that also includes a twenty (20) foot wide public pedestrian access parkland corridor linking the linear park with both Hunter's Way from the west and Buckrake Avenue from the east, for review and approval by City staff prior to final plat approval of Phase IV; 24. During development of the subject property mechanical or electrical devices which create a loud, raucous or pulsating sound shall not be . operated between the hours of 9:00 p.m. and 7:00 a.m. of the following day if the noise emanating from the devices unreasonably interferes with the health, comfort, safety or welfare of any inhabited dwelling unit in the surrounding area. Vehicles and equipment utilized to clear snow are exempted from this condition; and 25. City staff and the applicant shall work together during platting of later phases of this subdivision in effort to find methods and alternatives which provide cost savings and generate more affordable housing units. 04-06-98 - 28 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg and Commissioner Youngman; those voting No being Commissioner Frost and Mayor Stiff. . Ordinance No. 1464 - increasinq the oercentaqes at which street imoact fees. fire imoact fees. water impact fees and wastewater impact fees are assessed Included in the Commissioners' packets was a copy of Ordinance No. 1464, as approved by the City Attorney, and entitled: ORDINANCE NO. 1464 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 3.24.050, 3.24.060, 3.24.070 AND 3.24.080; PROVIDING FOR REVISIONS TO THE PERCENTAGES AT WHICH STREET IMPACT FEES, FIRE PROTECTION IMPACT FEES, WATER IMPACT FEES AND WASTEWATER IMPACT FEES ARE ASSESSED. Commissioner Frost noted that during the first public hearing on impact fees, it was recognized that problems with the existing infrastructure need to be addressed. He noted that the subdivision just approved will generate approximately $270,000 a year in taxes when it is . fully developed; however, the development will not pay the level of impact fees necessary to cover the attendant costs. He then forwarded his continued interest in implementing full impact fees, stating he feels they are essential for keeping the City economically viable. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1464, increasing the percentages at which street impact fees, fire impact fees, water impact fees and wastewater impact fees are assessed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No being Commissioner Frost. Ordinance No. 1465 - amendina the zonina designation from "R-4" (Residential--hiah density) to "R-O" (ResidentialnOfficel on 14.59 acres in the Southwest one-auarter of Section 13, . Township 2 South, Range 5 East, Montana Principal Meridian (southwest corner of Kagv and 11 th ) Included in the Commissioners' packets was a copy of Ordinance No. 1465, as approved by the City Attorney, and entitled: 04-06-98 - 29 - 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" (RESIDENTIAl--OFFICE) 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 Frost, seconded by Commissioner Youngman, that the Commission provisionally adopt Ordinance No. 1465, amending the zoning designation from "R-4" (Residentialuhigh density) to "R-O" (Residential--Office) on 14.59 acres in the Southwest one-quarter of Section 13, Township 2 South, Range 5 East, Montana Principal Meridian, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. 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 IIR-3" ( Residentia I--med iu m-density) to "M-1" (Liaht Manufacturina) on 11.704 acres located in Tract B of COS 1215C (between Oak and Baxter. . east of 19th) (Saccoccia) Included in the Commissioners' packets was a copy of Ordinance No. 1466, as approved by the City Attorney, and 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 8Y AMENDING THE ZONING DESIGNATION FROM "R-3" (RESIDENTIALnMEDIUM-DENSITY DISTRICT) TO "B-2" (COMMUNITY BUSINESS DISTRICT) ON 62.241 ACRES LOCATED IN TRACT 18. CERTIFICATE OF SURVEY 1215B, AND TRACTS 4A AND 48 OF CERTIFICATE OF SURVEY 1215A AND BY AMENDING THE ZONING DESIGNATION FROM "R-3" (RESI DENTlAl--M 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 provisionally adopt Ordinance No. 1466, amending the zoning from "R-3" . (Residential--medium-density) to "B-2" (Community Business) on 62.241 acres located in Tract 1 B, COS 1215B, and Tracts 4A and 4B of COS 1215A and from "R-3" (Residential--medium- density) to "M-1" (Light Manufacturing) on 11.704 acres located in Tract B of COS 1215C, and that it be brought back in two weeks for final adoption. The motion carried by the following 04-06- 98 - 30 - 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. orovidina for reaulation of sians erected in coniunction with non-profit activities on public property . Included in the Commissioners' packets was a copy of Ordinance No. 1467, as approved by the City Attorney, and entitled: 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 provisionally 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, and that it be brought back in two weeks for final adoption. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Ordinance No. 1468 - amendina Sections 18.65.020 and 18.65.070 of the Bozeman Municipal Code. re signs for non-residential uses in residential zoning districts and establishina the definition of "noncommercial speech" Included in the Commissioners' packets was a copy of Ordinance No. 1468, as approved by the City Attorney, and 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 provisionally 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 that it be brought back in two weeks for final adoption. The motion carried 04-06-98 -----..---..-----. .--.- ..--.-....-........-.--. .-- .__n._. .._._........._.. ..________ - 31 - 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. . Award bid - Water Treatment Plant Improvements (Corrosion Control Proiect! - Williams Brothers Construction, Inc., Billings, Montana - total bid amount for base bid and additive Alternates A and B - $328,400.00 The City Manager stated that, due to the price of this project, it was not listed on the consent agenda. Director of Public Service Phill Forbes stated that two project improvements are involved, both of which are required by state or federal regulations. He noted this project was bid twice because of the high bids received in the first bid process, and the bids received in the second process were lower. He recognized that the bids still remain well above the amount budgeted; however, he noted that discussions with the Director of Finance revealed that the Water Fund can accommodate the higher costs. He then indicated that if the Commission awards the bid, as recommended by staff, a year-end budget amendment of $180,700 will be required to . ensure that the costs of the project are covered. Commissioner Smiley stated that when she toured the facility earlier this year, she found that staff is already taking alternative measures to address the lead issue. She then questioned how many homes would be affected and whether it might be more beneficial to change out those pipes than to undertake these improvements. The Director of Public Service responded that the Safe Drinking Water Act, as administered by the State, and the State has chosen to deal with corrosion control through this method rather than on an individual basis. Responding to additional questions from the Commission, the Director of Public Service stated that staff feels this is the cheapest and best way to meet the federal regulations, as administered by the State. He then suggested that, if the Commission wishes further . information, it delay action on this agenda item until this evening's session. Recess - 5:35 p.m. Mayor Stiff declared a recess at 5:35 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. 04-06-98 - 32 - Reconvene - 7:00 c.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. . Award bid (continued) - Water Treatment Plant Improvements (Corrosion Control Proiect) - Williams Brothers Construction. Inc.. Billings. Montana - total bid amount for base bid and additive alternates A and B - $328.400.00 Director of Public Service Forbes stated that a discussion with Project Engineer Rick Hixson revealed that the homes most likely to be subject to lead and copper corrosion are those building prior to 1930 and from 1982 to 1985, inclusive, because the solder used in the plumbing systems had a high lead content. He noted that approximately 250 service lines would need to be replaced as well as the pipes in approximately 750 homes, and the total estimated cost of thise improvements if $1.3 to $1.6 million. He further noted that by making the improvements at the water treatment plant, all buildings on the City's water service are assured of meeting the lead and copper regulations. He concluded by noting that this is an issue of protecting the public health and recommended that the Commission award the bid as . recommended by staff. Commissioner Smiley thanked the Director of Public Service for his report. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission award the bid for the Water Treatment Plant Improvements (Corrosion Control Project) to Williams Brothers Construction, Inc., Billings, Montana, in the total bid amount for base bid and additive alternates A and B of $328,400.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Public hearing - COA with deviations from Section 18.18.050 of the Bozeman Municical Code. to allow garage to encroach 2 feet and driveway to encroach 1 foot into reauired a-foot side yard setback on the south 58 feet of the NE~. Block 12. Tract 3. Beall's 1st Addition - Lee and Janet Hermann for 503 North Rouse Avenue (Z-9824) . This was the time and place set for the public hearing on the Certificate of Appropriateness with deviations from Sectino 18.18.050 of the Bozeman Municipal Code, as requested by Lee and Janet Hermann under Application No. Z-9824, to allow the construction of a garage which encroaches 2 feet into the required 8-foot side yard setback and allow a 04-06-98 - 33 - driveway to encroach 1 foot into the required 8-foot side yard setback on the south 58 feet of the Northeast one-quarter of Block 12, Tract 3, Beall's First Addition. The subject property is more commonly known as 503 North Rouse Avenue. Mayor Stiff opened the public hearing. . Historic Preservation Planner Derek Strahn presented the staff report. He gave a brief overview of the requested deviations, which allow for the construction of a new garage which encroaches into the side yard setback. He noted that staff has reviewed this application in light of the criteria set forth in the zone code, and the staff's comprehensive findings are contained in the written staff report. He then forwarded staff's recommendation for approval, subject to six conditions. He noted that a majority of those conditions are being proposed because the drawings submitted are general in nature. He noted that the applicants have indicated a willingness to accept the conditions as recommended. No one was present to represent the applicant. Mr. Tom Kearn, 1437 Cherry Drive, stated his support for the application, characterizing this as enhancement of an affordable home. . No one was present to speak in opposition to the requested deviations. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the Certificate of Appropriateness with deviations from Section 18.18.050 of the Bozeman Municipal Code, as requested by Lee and Janet Hermann under Application No. Z~9824, to allow the construction of a garage which encroaches 2 feet into the required 8-foot side yard setback and allow a driveway to encroach 1 foot into the required 8- foot side yard setback on the south 58 feet of the Northeast one-quarter of Block 12, Tract 3, Beall's First Addition, subject to the following conditions: 1. The roof pitch of the proposed gable garage roof shall match, as closely as possible, the gable roof pitch of the existing residence; 2. Roofing materials for the proposed garage shall match those of the existing residence; . 3. The proposed siding for the proposed garage shall match that of the existing residence; 4. The proposed garage door shall be of a paneled variety to better provide texture and historic appearance to the new structure; 5. The applicant shall obtain a building permit within one year of Certificate of Appropraiteness approval or this approval shall become null and void; and 04-06-98 - 34 - 6. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval, unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Public hearing - COA with deviation from Section 18.24.030 of the Bozeman MuniciDal Code. to allow conversion of sinale-family dwelling unit to dUDlex on a lot which is 622 sauare feet smaller than reauired bv code. on the east 61 feet of Lots 21-24. Block 9. West Park Addition- Robert Brice. 816 West Olive Street (Z-9832) This was the time and place set for the public hearing on the Certificate of Appropriateness with a deviation from Section 18.24.030 of the Bozeman Municipal Code, as requested by Robert Brice under Application No. Z-9832, to allow the conversion of a single- family residence to a duplex on a lot which is 622 square feet smaller than required by code. The subject lot is described as the east 61 feet of Lots 21 through 24, Block 9, West Park . Addition, and is more commonly known as 816 West Olive Street. Mayor Stiff opened the pUblic hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, an existing single-family dwelling is to be converted to a duplex, without any changes to the exterior of the home. He noted that last summer, the applicant received a Certificate of Appropriateness to put egress windows in the basement. He noted that when the applicant attempted to upgrade the wiring for a second dwelling unit, however, he was informed that a deviation would be required, and he chose not to proceed with the conversion at that time. He stated the applicant has now decided to make the conversion, and a deviation is required because the lot is 622 square feet smaller than required by the zone code for a duplex in the "R-4", ResidentialnHigh-density, zoning district. . The Historic Preservation Planner stated that staff has reviewed this application in light of the criteria set forth in the zone code. He noted that, as a result of that review, staff has forwarded a recommendation for approval, subject to six conditions. The Historic Preservation Planner stated that some public concern has been expressed regarding this project and, included in the Commissioners' packets, was a letter from the 04-06-98 ~ 35 - applicant, dated March 28, responding to those concerns. He also noted that letters of concern from Frank Roe, 204 South 9th Avenue, and Rosemary Burton and Alan Pawlick, 214 South 9th Avenue, were also included in the packets. He then provided a synopsis of the concerns raised, which include the potential ripple effect of the increased density on the character of the . neighborhood, adverse impacts on property values, the close proximity of houses in the area, possible noise, and the general reduction in the quality of life because of the increased density. The Historic Preservation Planner noted that in his responses, Mr. Brice has indicated that, whether this property remains a single-family unit or is converted to a duplex, there will be four persons living in this structure. He noted that the applicant argues it would be preferable to have this dwelling be an owner-occupied duplex rather than to have it inhabited by four renters in a single-family residence. He stated the applicant has expressed an interest in improving the property in conjunction with converting it to a duplex, and he has suggested that those improvements may not be possible if this conversion is not approved. Mr. Robert Brice, applicant, noted that the biggest concerns raised are increased density, population and noise. He noted that this house is a four-bedroom house, with two bedrooms . upstairs and two bedrooms downstairs, and a bathroom on each floor. He stated that he did not convert this property to a duplex when he put in the new windows last summer because he wanted to make the basement more habitable, and those improvements have been completed. He reiterated that four people will be residing at this address, whether it is converted to a duplex with one-half of it rented or the entire structure rented out as a single- family unit. Mr. Brice recognized that the concern about noise is a valid one, particularly if the entire unit is rented. He noted that several houses in the neighborhood are rented to students, and they are often the sites of parties and generate a significant amount of traffic. He suggested that if this is converted to an owner-occupied duplex, some of those issues can be mitigated. He then turned his attention to property values, noting that a call to the Montana Department . of Revenue revealed that the property value of a duplex is higher than that of a single-family residence, and it is not uncommon for the values of surrounding properties to increase as well. Mr. Brice concluded by encouraging the Commission to approve this request to convert this home to a duplex, stating he feels it will benefit both the property and the neighborhood to have an owner-occupied duplex. He recognized that the property is not very attractive at 04-06-98 .-....--.-.... -..-.---. _..___.._n... - 36 - this time and would probably not attract anyone other than undergraduate students if it were rented as a single-family house. He then reiterated his intent to upgrade the property if this application is approved. Responding to Commissioner Rudberg, Mr. Brice stated the buffer for the property to the . west will probably be in the form of bushes to minimize the lights and noise from this property. Ms. Rosemary Burton, 214 South 9th Avenue, stated her home is the second house from the subject site, and they are located on the same alley. She noted that since she has no front drivway, she uses the alley to access her garage. She then indicated that she has a variety of concerns. She noted that in the last year, five of the houses which border her property or are in the immediate neighborhood have been turned into rentals, and there are several people residing in some of those units. She stated, in fact, some of those rentals also use the alley to gain access to the properties. She also noted that the garbage truck uses the alley. She then expressed concern that with the number of properties which currently use the alley for access, adding another rental in the area will further impact an already bad situation. Ms. Burton stated that in the past year, the area has been subjected to increased noise, . loud parties and loose dogs. She stated that their home is now one of the new single-family, owner-occupied residences in the area. She concluded by expressing her concern that approval of this application will result in further increased density in the area and an attendant increase in noise and traffic. Mr. Frank Roe, 204 South 9th Avenue, stated his home is immediately west of the subject property, and he has found the applicants to be very good neighbors. He then stated that his main objection to this application is the increased noise that will result from two living units as opposed to the one existing dwelling unit. He indicated he has lived in his home for eighteen years, and he has seen people come and go and the conversion of houses from owner- occupied residences to rental units, with increased densities and noise accompanying those conversions. He recognized that the applicant intends to live in one of the units if this . application is approved; however, he noted that Mr. Brice is a student and once he finishes school and relocates, the number of people living at this site could increase. Mr. Alan Pawlick, 214 South 9th Avenue, stated he purchased this property in 1989; and he has been concerned about the conversion from owner-occupied units to rental units as retired people in the area have sold their homes. He noted that this has resulted in a change 04-06-98 . --...- .. - 37 - in the character of the neighborhood. He then forwarded his interest in preserving what the neighborhood used to be and expressed concern that approval of this application will send that signal that this is turning into a rental area. Ms. Susan Kent, applicant, stated the subject house "is a dump" with to very small . bedrooms upstairs and two very small bedrooms downstairs. She stated the house does not meet contemporary standards and will never be occupied by a family, although it is perfect for them as graduate students. She noted that they have upgraded the basement so it can not be inhabited, and four people will be living at this site, whether it is a single-family unit or a duplex. She stressed that they enjoy the neighborhood and wish to preserve it; however, they will be unable to continue living here if this application is not approved. She concluded by stating that if they continue to reside here, they propose to upgrade the site, and encouraged Commission approval of the application. In response to testimony submitted by Ms. Burton, Commissioner Rudberg noted that only four unrelated people may reside in a single-family unit. She suggested that if more than four people reside in a unit, the Code Enforcement Officer should be notified so he can pursue . the issue. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Commissioner Frost noted the subject area is zoned "R-4", Residential--High-density, which allows this type of use. He then suggested that if the property owners in the area are concerned about this type of conversion, they may file a petition for downzoning. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Certificate of Appropriateness with a deviation from Section 18.24.030 of the Bozeman Municipal Code, as requested by Robert Brice under Application No. Z-9832, to allow the conversion of a single-family residence located on the east 61 feet of Lots 21 through 24, Block 9, West Park Addition, to a duplex, subject to the following conditions: 1 . In the interest of generally improving the visual character of the site and . minimizing possible impactrs 0 neighboring structures, the existing lean-to storage area to the south of the existing garage, which is within a required rear yard area, shall be removed; 2. To better address neighborhood concerns regarding the visual and noise impacts of the proposed duplex development, the applicant shall provide some form of landscaped buffering immediately west of the proposed exterior parking pad. A proposal shall be submitted to the City-County Planning Department for ADR staff review and approval prior to the issuance of a building permit; 04-06-98 ---.- - 38 - 3. The proposed garage doors shall be of a paneled variety to provide more historic character to the proposed new construction; 4. To meet the stipulations of Section 18.50.120 of the Bozeman Municipal Code, the applicant shall provide four on-site parking spaces. All areas intended to be utilized for permanent parking spaces and driveways shall be paved with concrete or asphaltic concrete or approved pavers, to control dust and drainage. All proposed parking areas and driveway . improvements shall require a grading and drainage plan approved by the Director of Public Service; 5. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void; and 6. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any mod ifications to the submitted and approved drawings shall invalidate the project's approval, unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Commissioner Youngman; those voting No being Mayor Stiff. . Public hearing - COA with deviation from Section 18.50.160 of the Bozeman Municioal Code, to allow rear addition on non-conforming residence which encroaches into reauired front yard setback on Lot 11 , Block 16, Capitol Hill Addition. Laura C. Swift for 921 South 3rd Avenue (Z-9833) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviation from Section 18.50.160 of the Bozeman Municipal Code, as requested by Laura Swift under Application No. 2-9833, to allow the construction of a rear addition on a non-conforming residence which encroaches into the required front yard setback on Lot 11, Block 16, Capitol Hill Addition. The subject property is more commonly known as 921 South Third Avenue. Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, a 10-foot by 24-foot one-story addition is to be constructed on the west . elevation of the subject property, along with several other modifications and renovations. He noted the existing structure encroaches 7 feet into the required 25-foot front-yard setback on South Third Avenue, thus requiring a deviation to allow expansion of the structure. 04-06-98 .--.- ~ 39 - The Historic Preservation Planner stated that staff has reviewed this application in light of the criteria established for consideration of deviations; and the staff's comprehensive findings are contained in the written staff report. He briefly highlighted those findings and the staff's recommendation for approval, subject to several conditions. He stated that the . proposed modifications are of high quality and are very sensitive to the historic nature of the house and the area. Mr. Ben Lloyd, architect representing the applicant, indicated a willingness to respond to questions. No one was present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness with deviation from Section 18.50.160 of the Bozeman Municipal Code, as requested by Laura Swift under Application No. Z-9833, to allow the construction of a rear addition on a non-conforming residence which encroaches into the required front yard setback on Lot 11, Block 16, Capitol Hill Addition, subject to the . following conditions: 1. A sample of the proposed brick work shall be provided to the ADR staff of the City~County Planning Department for review and approval prior to the issuance of a building permit; 2. The proposed lower level skylights on the proposed new addition shall be eliminated to better preserve the historic character of the property's west elevation; 3. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void; and 4. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval, unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Rudberg, commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. 04-06-98 - 40 - Public hearina - Ordinance No. - amending Darkina fines bv 'increasing the minimum for most fines to $15 This was the time and place set for the public hearing on Ordinance No. , as approved by the City Attorney, entitled: ORDINANCE NO. . 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. Mayor Stiff opened the public hearing. Assistant City Manager Ron Brey presented the staff report. He stated that under this proposed ordinance, an accelerated schedule for overtime parking is to be established, with fines ranging from a courtesy ticket to $20.00 for the fourth citation issued within a 90-day period. He noted that this schedule is designed to encourage turn-over in the parking spaces in the downtown area and encourage long-term and all-day parkers to move into the residential areas around the downtown area. He then stated that the fines for some of the other parking violations are also being adjusted to minimize the potential of those violators moving to other . locations where more undesirable parking offenses may result, such as yellow zones, restricted parking areas and double parking. Mr. Tom Kearn, 1437 Cherry Drive, stated he heard recently that there is less and less business in the downtown area. He encouraged the Commissioners to take this into consideration as they act on this ordinance, noting that the impacts on downtown businesses should be of primary importance. Assistant City Manager Brey stated this proposed fine structure was reviewed and endorsed by the Parking Commission and is primarily designed to address the downtown parking concerns. He then noted that, when compared to other downtown areas, Bozeman is the only one that issues courtesy citations for the first overtime offense; and over 2,900 of those have been issued. . Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission provisionally adopt Ordinance No. 1469, amending parking fines, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No 04-06~98 _____u__._ .___ --------.-- ~ 41 - vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Break - 7:40 to 7:45 D.m. . Mayor Stiff declared a break from 7:40 p.m. to 7:45 p.m., in accordance with Commission policy. Public hearing - Commission Resolution No. 3230 - intent to establish a 1998 Sidewalk Proaram This was the time and place set for the public hearing on Commission Resolution No. 3230, as approved by the City Attorney, 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 7-14A109 AND 7-14-4110, MONTANA CODE ANNOTATED. . Mayor Stiff opened the public hearing. City Engineer Craig Brawner distributed a corrected schedule for Options A and B. He stressed that the corrections do not include any changes in numbers, just in the coding for the proposed sidewalk programs for this year and next year. The City Engineer briefly provided some background information on the sidewalk program, reminding the Commission that in March 1994, the current sidewalk policy was adopted. He stated that the policy is basically the same as the policy adopted in 1988, and includes a fairly objective rating and ranking system for development of a priority list for installation of sidewalks in those areas without sidewalks. He noted those criteria include the general categories of pUblic safety, public need, practicality of construction and fairness. He indicated that the priority list is reviewed and evaluated by staff on an annual basis, and is . updated as needed. He stated that as staff develops a proposed sidewalk program for the upcoming year, every effort is made to ensure that the program includes high priority sidewalks concentrated in one area of the community, rather than hopscotching throughout the community. 04-06-98 - 42 - The City Engineer reminded the Commission that, at Commission direction, on March 27, 1996, staff sent out 270 courtesy notices to property owners who lived in what had been identified as potentially being in a sidewalk program in one of the next three years. He stated those notices were designed to give property owners adequate time to install their own . sidewalks if they so chose or to budget for the installation of sidewalks at the time they are ordered in. City Engineer Brawner stated that priority list contains approximately 70 projects, listed in rank order. He noted that scores range from a high of 36 points to a low of 0 points, and the total cost of the projects is estimated at $4.2 million. He stated that two options have been identified for possible sidewalk programs for this year and next year, with Option A being the more aggressive. He then reviewed the two options for this year's sidewalk program, with Option A, including: (1) South Black Avenue between East Lincoln Street and South Rouse Avenue, (2) Carol Place between Kagy Boulevard and South Black Avenue, (3) South Tracy Avenue between East Mason Street and Kagy Boulevard, (4) Mason Street between South Willson Avenue and South Rouse Avenue, (5) South Rouse Avenue between East Garfield . Street and South Black Avenue, (6) Hoffman Drive between South Tracy Avenue and South Rouse Avenue, (7) Accola Street between South Black Avenue and South Rouse Avenue; (8) East Garfield Street a distance of one-half block east and west of South Rouse Avenue, and (9) East Lincoln Street a distance of one-half block east and west of South Rouse Avenue; and Option B, including: (1) South Black Avenue between East Lincoln Street and South Rouse Avenue, (2) Carol Place between Kagy Boulevard and South Black Avenue, (3) Mason Street between South Black Avenue and South Rouse Avenue, (4) South Rouse Avenue between East Garfield Street and South Black Avenue, (5) Hoffman Drive between South Tracy Avenue and South Rouse Avenue, and (6) Accola Street between South Black Avenue and South Rouse Avenue. Responding to Commissioner Rudberg, the City Engineer stated that the last notice sent . to residents within the proposed sidewalk program was on March 27, 1996. Responding to Commissioner Frost, the City Engineer indicated that in the past, property owners have been allowed a full construction season to install sidewalks meeting City standards on their own or hire a contractor to do so. He noted that staff then reviews the program area to determine how many sidewalks are not yet installed and prepares contract 04-06-98 - - --.....--..---... - 43 - documents for those sidewalks, with the project being bid the following spring. The sidewalks are then installed by the contractor selected by the City, and the costs are billed back against the property owners over a five-year period. Mr. George Sager, 311 Accola Drive, stated that he will be 81 years old on Friday, he . put in a full day at the shop, and he shouldn't have to defend his property rights tonight. He stated that, subsequent to receiving notice from the City, 80 percent of the property owners along Mason Street, Accola Street and Hoffman Street between South Black Avenue and South Bozeman Avenue signed a petition of opposition to the installation of sidewalks because the area has been developed for twenty years, and people are happy with the area the way it is. He stated that at that time, several of the residents indicated an interest in pursuing a class action suit if they are ordered to install sidewalks and the City does not install sidewalks on three sides of the little league field lying between South Black Avenue and South Rouse Avenue just north of Mason Street. Mr. Sager noted that Accola Street is a 37-foot-wide street located in a 90-foot-wide right-of-way. He suggested that since the sidewalk would be located in the pUblic right-of-way, . if the City wants sidewalks installed, it should do so rather than requiring property owners to install, pay for and maintain sidewalks located in the public right-of-way. Mr. Gene Murray, member of the Board of Directors for Wood brook Townhouses and Association Manager, gave a lengthy presentation in opposition to the proposed sidewalk program. He noted that Woodbrook contains 71 units, in a development bounded by East Mason Street, South Black Avenue, Hoffman Street and South Tracy Avenue. He stated that only four of those units face those streets, with the remaining 67 units facing the interior streets in the development, and sidewalks connect those units with the parking areas and interior roads. Mr. Murray's presentation contained four major categories, including (1) historical background, (2) review of the criteria and the rating and ranking sheets, (3) impacts of the . resolution, and (4) a compromise for installation of sidewalks in the area. Mr. Murray stated that Phase I of Wood brook was approved by the Commission on August 31, 1977 and consisted of 15 residential units. No sidewalks were required with that phase. In the Fall of 1978, a public hearing was conducted on a conditional use permit to add recreational facilities to Phase I, but those facilities were never installed. He noted that on May 04-06-98 --... - 44- 10, 1979, the three developers of Woodbrook Townhouses and the City entered into an Improvements Agreement for Phase I which included the requirement that 718 lineal feet of sidewalk be installed along South Tracy Avenue and East Mason Street, but it was never done. Because of that agreement, he suggested that residents of Wood brook should not be required . to install that portion of the sidewalk. Mr. Murray then stated that Phases II and III of the project were installed with no requirement for sidewalks. He noted, however, that when Phase IV was constructed, sidewalks were required along the Hoffman Street and South Tracy Avenue frontages of that phase. Mr. Gene Murray stated that in 1988, Woodbrook was singled out as the highest priority for installation of sidewalks, and residents forwarded their opposition at that time. He noted that they were once again included in the proposed sidewalk program three years ago, and voiced opposition again. He forwarded his frustration that, once again, they must make a similar presentation. Mr. Murray reviewed the rating and ranking criteria sheets for the sidewalks around Wood brook line by line, forwarding what he views as inconsistencies and inaccuracies. He . stressed the negative impacts that requiring the installation of sidewalks would have on the landscaping and underground sprinkler system that have been installed. He stated that, because the Association is required to maintain the boulevard area, they felt it was better to incorporate that area into the overall landscape plan for the development, and that landscaping includes berming and mature trees and shrubs. He also noted that many utility boxes are located in the alignment for sidewalks and would have to be relocated if sidewalks are required. Mr. Murray noted that in a letter dated April 3, 1998, Commissioner Youngman suggests the irrigation system was apparently inappropriately installed; however, he stated that system was installed before the City adopted its policy to require the installation along both sides of all streets in the community. Mr. Murray stated he does not believe adequate accident data or accurate pedestrian or . car counts exist to support the need for sidewalks in this area. He suggested, in fact, the biggest public safety concern is created by Christie Fields and by those parking too close to the corner for activities at the park. Mr. Murray stated that residents of Wood brook Townhouses would not use the 04-06-98 - 45 - sidewalks around their development if they were installed because a vast majority of the residents access their homes through their garages. Mr. Gene Murray raised the issues of maintenance of the sidewalk and the liability that could be incurred. He noted particular concern about installing sidewalk over the creek near . the corner of South Tracy Avenue and East Mason Street, especially for small children. He also recognized that curb sidewalks, while they might be allowed under the policy, are not necessarily practical from a snow removal standpoint. Mr. Murray distributed sets of eighteen pictures to each of the Commissioners, reviewing those pictures and identifying the negative impacts that the installation of sidewalks could have on the Woodbrook Townhouses. He also questioned why, if sidewalks have been determined such a high priority in this area, the City has not installed sidewalks around Christie Field and along Langohr Park and the community gardens. He then concluded by forwarding a proposed alternative for installation of sidewalks, indicating that Wood brook Townhouses would be willing to construct 216 feet of sidewalk along the Hoffman Street frontage, except in front of Mr. Springer's home, and 125 feet of sidewalk along South Tracy Avenue from the current . terminus of the sidewalk north to the main driveway. He stated that Wood brook would also be willing to participate in the installation of 650 feet of sidewalk on the other side of the street, along South Tracy Avenue, East Mason Street and South Black Avenue, with the City being responsible for installation of the 718 lineal feet of sidewalk that should have been installed in conjunction with Phase I. Mr. Tom Kearn, 1437 Cherry Drive, stated he has three concerns about the proposed sidewalk program. He noted that one of those concerns pertains to the safety of those walking on existing sidewalks. He cited the sidewalks along Lomas Drive and Knaab Drive as an example, characterizing them as a public hazard, especially in the winter. He stated that New Hyalite View Subdivision, where he lives, is fondly known as "blizzard ridge", and maintaining sidewalks in a safe condition would be extremely difficult in the winter. He also noted that . many of the streets within that subdivision are cul-de-sac or circular streets, where the sidewalks would not provide access to any other parts of the community. Mr. Kearn also expressed concern about the cost of installing sidewalks. He characterized Bozeman as a "rich person's place", where it is extremely difficult for a married man with children in school to survive. He noted, in fact, that many families live outside 04-06-98 - 46 - Bozeman or in Belgrade, Manhattan or Three Forks because they cannot afford to live inside city limits. He cautioned that adding the cost of sidewalks to a property may make it unaffordable to someone who is living there. Mr. Paul Brock, 1920 South Rouse Avenue, stated he has a daughter eight years old and . a son five years old. He noted that three years ago, he and his neighbors installed 220 feet of sidewalk in front of their homes and since then he stated the number of children and adults who use that section of sidewalk has been incredibly high. He noted, in fact, that some of the elderly people living in the condominiums at the end of South Rouse Avenue walk to his house to walk laps on the sidewalk because it is a safe place to walk. Mr. Brock stated that last winter, the school bus stopped at the corner of Carol Place and South Black Avenue. To provide his daughter a safe place to walk to get to that bus stop, he shoveled a path from his home to the school bus stop so she did not have to walk in the street. He noted that with the installation of sidewalks, that need would be avoided. He expressed concern for the safety of other children in the area who must walk down the middle of the street to reach school bus stops because there are no sidewalks in the area. He also e noted there are three day care facilities within a two.block radius of his home, and many of those facilities use the playground facilities at Christie Fields, which can be accessed only by walking in the street. He stated that the pedestrians who do walk in the street must compete with a significant amount of college traffic, which "certainly doesn't drive slow". Mr. Brock stated that he dropped off letters at the Clerk's office earlier today, one from him and one from Mr. and Mrs. Thorp, who live at 1809 South Rouse Avenue. He noted that they own eight residences in the immediate area and they also support the installation of sidewalks. He further noted that sidewalks are in integral part of almost every community in the United States and stated he feels they should also be required in Bozeman. He concluded by encouraging the Commission to order the installation of sidewalks as proposed in the resolution. . Break - 9:00 to 9:07 p.m. Mayor Stiff declared a break from 9:00 p.m. to 9:07 p.m., in accordance with Commission policy. 04-06-98 - 47 - Public hearing (continued) - Commission Resolution No. 3230 - intent to establish a 1998 Sidewalk Proaram Ms. Linda DuPriest, 315 South Bozeman Avenue, stated that in any given population, 30 percent of the people do not drive cars because they are too young or too old, they don't want to, they are disabled or they cannot afford to own and operate a car. She noted that in . Bozeman, where there is very little public transportation available, that typically leaves bicycling or walking as the only options for moving around the community. Ms. DuPriest stated that she lives in a beautiful neighborhood with sidewalks on the south side of town, where many people walk and neighbors can gather and talk. She recognized that the Wood brook Townhouse area is essentially an enclosed area where people choose to live, and they may not use the sidewalks very much. She noted, however, that other people in the community may wish to walk along those streets and would welcome sidewalks upon which to walk. She concluded by encouraging the Commissioners to order the installation of sidewalks as proposed under this resolution. Mayor Stiff stated he does not believe the Commission is in a position to make a . decision tonight, but needs information from staff as a result of the input received during this public hearing. Commissioner Rudberg noted that the last time anyone within the proposed sidewalk program received notification from the City was a letter mailed on March 27, 1996. She suggested that notice be sent to those individuals prior to close of the public hearing, so they have an opportunity to comment. City Attorney Luwe stated that there is no requirement in the State statutes for conducting a public hearing prior to ordering the installation of sidewalks; however, the Commission has chosen to conduct a public hearing under its sidewalk policy. He noted that the appropriate legal notice has been published in the newspaper, and there is no requirement for notification to the individual property owners, although the Commissioners can take that extra step if they so choose. . Mayor Stiff stated that, based on discussions he had during the past week and based on the public input received during this public hearing, it appears that just about everyone in the community was aware of this public hearing. He indicated that he fully supports adequate 04-06-98 - 48 - public notice and, in this instance, he feels that has been provided and he does not feel it would benefit anyone to delay the process longer than necessary. City Engineer Craig Brawner stated that under the proposed sidewalk program, sidewalks are to be installed along three sides of Christie Fields and a portion of the linear park abutting . South Tracy Avenue. He stressed that the City has adequate right-of-way along all of the streets included in this program for the installation of sidewalks. He recognized that in some areas, it may be necessary to meander the sidewalks to minimize impacts on existing landscaping and to avoid obstructions such as the creek. The City Engineer recognized that the rating and ranking system does include some subjectivity. He stated, however, that if several individuals were to complete sheets on each of the sidewalks in the program, the individual sheets may vary but the priority lists would be very similar. He further noted that the 1989 sidewalk priority list, which was developed with input from the Pedestrian/Traffic Safety Committee, also identified the sidewalks in this area as one of the top priorities. The City Engineer stated that he drove through this neighborhood again today, and . noticed that approximately a dozen properties already have sidewalks. He then concluded by asking that Commissioners forward any specific questions as quickly as possible so that staff can provide responses prior to the April 20 meeting. City Engineer Brawner recognized that under the City's sidewalk policy, allowing the installation of sidewalk on only one side of the street under an agreement between the property owners is acceptable. He cautioned, however, that this can result in some administrative and implementation issues that must be carefully considered. He noted that if less than 100 percent of the property owners agree on an alternative, problems could result. He also stressed the importance of recognizing the assistance from City staff in developing an alternative will be minimal because of the workload that staff members already face. He then cautioned the Commission that, even if they approve a compromise at this time and allow installation of . sidewalks on one side of the street only, a future Commission may order in sidewalks on the other side of the street also. Mayor Stiff stressed the importance of ensuring that the Commission considers and acts on the sidewalk program with consistency and fairness. He also stated he feels it is important to ensure that the sidewalks in new subdivisions are connected together. 04-06-98 - 49 - Commissioner Frost forwarded his interest in checking with the School District to see how many children live in this area, stating that the safety of those children is his primary concern. Since there were no Commissioner objections, Mayor Stiff closed the public hearing and . requested that the decision be placed on the April 20 agenda. ADDointments to (A) Audit Committee (1); (B) Band Board (1); (C) Cemetery Board (4); (0) Community Affordable Housing Advisory Board (1); (E) Historic Preservation Advisory Board (4); (F) Tax Increment Financing Industrial District (TIFID) Board (1): (6) Tree Advisory Board rn Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan forwarding the list of applicants for the vacancies on the various boards and commissions. (A) Audit Committee. It was moved by Commissioner Frost, seconded by Commissioner Rudberg, that Sue Becker be appointed to replace Ken Vail on the Audit Committee, with a two-year term to expire on February 28, 2000. The motion carried by the . following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Rudberg, Commissioner Smiley, Commissioner Youngman and Mayor Stiff; those voting No, none. (C) Cemetery Board. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Jim Caird be reappointed to the Cemetery Board, with a term to expire on December 31, 1999. 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. It was moved by Commissioner Rudberg, seconded by Commissioner Smiley, that William Kolwyck be appointed to replace Robert Duntsch, with a term to expire on December 31, 1998; that Kim Allen Scott be appointed to replace Robert Evans with a term to expire on . December 31, 1998: and that Dorothy C. Burkenpas be appointed to replace Carroll Henderson, with a term to expire on December 31, 2000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Smiley, Commissioner Youngman, Commissioner Frost and Mayor Stiff; those voting No, none. 04-06-98 ----- ------.. -- ----- - 50 - (E) Historic Preservation Advisory Board. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the following appointments be made to the Historic Preservation Advisory Board: Maire O'Neill be appointed to serve as a professional representative, with a term to expire on June 30, 1998; that Suzanne L. Hainsworth be . appointed to serve as a neighborhood representative, with a term to expire on June 30, 1998; that Rachael Wallace be appointed as an at-large representatived, with a term to expire on June 30, 1998; and that Steven Tanner be appointed as an at-large representative, with a term to expire on June 30, 1999. 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 ) Snow pack report for the Gallatin River Basin as of April 2, 1998. . (2) Headwaters Recycling newsletter, dated March 30, announcing that the next Board meeting will be held in Boulder on April 8. (3) Letter from the Human Resource Development Council, dated March 26, announcing that a meeting of the Community Affordable Housing Advisory Board has been scheduled for 10:00 a.m. on Tuesday, April 7, in the HRDC Conference Room. (4) Note forwarding information from a telephone call from Kathy Gallagher stating her support for the proposed increase in parking fines. (5) Letter from Penny Monforton, 2615 Durston Road, dated April 2, regarding Durston Road. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 7, in the Commission Room. . (7) Agenda for the City+County Planning Board meeting to be held at 7:00 p.m. on Tuesday, April 7, in the Commission Room. (8) Agenda for the County Commission meeting to be held at 10:30 a.m. and 1 :30 p.m. in the Community Room at the Courthouse. 04-06-98 - 51 - (9) The City Manager announced that he will attend a leadership conference at MSU on Tuesday and Wednesday. (10) Assistant City Manager Brey submitted the following. (1) Attended a conference on safety sponsored by MMIA. He noted that a number of cities were represented at the . meeting and many ideas were shared. (2) Announced that he will attend a meeting of the Montana Power Company citizen advisory panel on Wednesday evening. He noted that one of the primary topics of discussion will be the proposed sale of the generating facilities. (11 ) City Attorney Luwe stated that Staff Attorney Wardal did a good job of successfully prosecuting a difficult case last week. (12) Commissioner Rudberg submitted the following. (1) Stated that she visited the Manley property and found no water standing on it. (2) Stated that she will talk to Chad Groth about his letter. (3) Expressed her grave concern about the amount of time Assistant Planning Director Arkell devoted to her response to the Citizens to Save Open Space. She stated that this type of request must go through the City Manager and department heads, rather than allowing someone or some group to forward a request to staff that has such a dramatic impact . on them. She then asked that this issue be placed on an upcoming work session so that the Commission can identify a method of addressing such requests in the future. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Proclamation - "National Library Week" - April 19-25. 1998 Proclamation - "Recognition of Bozeman High School Boys' Swim Team: Proclamation - "Recognition of Bozeman Hiah School Varsity Girls' Volleyball Team Proclamation - "Recognition of Bozeman High School Boys' Basketball Team" Proclamation - "Recognition of Bozeman Hiah School Speech and Debate Team" . Proclamation - "Recoanition of Bozeman High School members of All-State "AA" Girls' Basketball Team" Proclamation - "Recognition of Shaun Marshall-Pryde for biathlon achievements" Proclamation - "Recognition of Miauel Galeana for track and field achievements" Approval of final plat for Yellowstone Peaks Mobile Home Park Subdivision (subdivide 6.15 acres known as portion of Tract 1 and all of Tracts 2. 3 04-06-98 ~ 52 - and 4. Fowler Subdivision. into 35 mobile home lease lots and one lot for site built home. north side of 2700 block West Babcock Street Application for Kennel license - Robert and Florence McGray. 1117 West Dickerson Street - Calendar Year 1998 Application for Kennel license - Shawn and Timothy Dunnagan. 2808 Westridge Drive - Calendar Year 1998 . Authorize City Manager to sign - Annexation Agreement with Frank and Lois Armknecht for Lot 1. Block 2. Pleasant Valley Subdivision (5 Valley Drive) Commission Resolution No. 3229 - annexing 0.514-acre tract known as Lot 1. Block 2. Pleasant Valley Subdivision (5 Valley Drive) COMMISSION RESOLUTION NO. 3229 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND (FORMERLY KNOWN AS THE ARMKNECHT ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED. Authorize expenditure of $4.830.97 as partial reimbursement for costs billed by the State of Montana Department of Environmental Quality for the Bozeman Solvent Site for the period October 1 through December 31. 1997 Buildinq Inspection Division report tor February 1998 . Proclamation - "Recognition ot Kristen Harbour for her dancing ability" Proclamation - "Recoanition of Bozeman Hiah School Girls' Swim Team" Award bid. culvert proiect for West Oak Street (SID No. 663) - JTL GrouP. Inc., Belqrade. Montana - in the bid amount of $19.984.00 Authorize City Manager to sign - Purchase Agreement for Parcel No.6 for West Oak Street right-ot-way between North 7th Avenue and North Rouse Avenue - CMC-Heartland Partners Acceptance of Warranty Deed - Parcel No.6 for West Oak Street riqht-of-wav between North 7th Avenue and North Rouse Avenue - CMC-Heartland Partners; continqent upon its receipt Authorize City Manaqer to sign - Water Pipeline and Access Easement and Agreement - between City and State Capitol Employees Credit Union - 10- foot-wide easement across a portion of Lot 1. Minor Subdivision No. 135 Authorize City Manager to sian - Water Pipeline and Access Easement and Aareement - between City and SBA Partnership - 10-foot-wide easement . across a portion of Lot 2, Minor Subdivision No. 135 Authorize Mayor to sign - Findings of Fact and Order - preliminary subdivision plat for the Kamp Minor Subdivision (subdivide 7 .0381-acre tract into five lots for commercial uses) Authorize Mayor to sign - Findinqs of Fact and Order - preliminary subdivision plat for the amended plat of Lot 9. Everqreen Business Park Subdivision - (subdivide 2.578-acre tract into two lots for commercial/industrial uses) 04-06-98 - 53 ~ Application for Beer and Wine license - Grum's Deli and Gourmet Market, 2107 North 7th Avenue - Calendar Year' 998 Application for Beer and Wine license - Casev's Corner. 4135 Vallev Commons Drive - Calendar Year 1998; contingent upon receipt of State license Claims . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Adiournment - 9:50 p.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. ~4 ~ FRE .. STIFF, Mayor ATTEST: 9~ J.L~~ ROBIN L. SULLIVAN Clerk of the Commission e 04-06-98 ---