Loading...
HomeMy WebLinkAbout1997-04-07 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA - April 7, 1997 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 7, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Acting City Manager Brey, Staff Attorney Cooper 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 - March 17. March 18. March 24 and March 31. 1997 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the minutes of the meetings of March 17, March 18 and March 24, 1997 be approved as . submitted and the minutes of the meeting of March 31, 1997, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Preliminarv plat review for North Meadows Subdivision - subdivide 23.25 acres located in the NW%. Section 11. T2S. R5E. MPM. into 15 lots for four-plex residential and 5 lots for multi- plex/commercial development plus a 7.3-acre remainder lot - south side of 3000 block of Durston Road - Thomas. Dean and Hoskins, Inc.. for Sunrise Development. L.L.C. (P-9709) This was the time and place set for review of the preliminary plat for the North Meadows Subdivision, as requested by Thomas, Dean and Hoskins for Sunrise Development, L.L.C., under Application No. P-9709, to subdivide 23.25 acres located in the Northwest one-quarter . of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, into 15 lots for four-plex residential development and 5 lots for multi-plex/commercial development plus a 7.3- acre remainder lot. The subject property is more commonly located along the south side of the 3000 block of Ourston Road. 04-07-97 n_ __...__.._.... - 2 - Assistant Planner Chris Saunders presented the staff report. He noted that, since the staff report was prepared, the application for Phase II of this subdivision has been submitted, including a revised utilities map. He indicated that the filing of this application has resulted in some changes in Phase I, which result in some revisions to the conditions recommended for approval of this preliminary plat. . The Assistant Planner noted that, under Condition No.2, the applicant has submitted an alternative routing. The proposal has been reviewed by the City staff and appears to be conceptually acceptable, although plans and specifications must be submitted before an in- depth review can be conducted. He indicated that~ in conjunction with this alternative routing, the applicant is seeking permission for street cuts on Hunters Way and North 25th Avenue. He urged the Commission to not consider that request at this time, since the street cuts cannot appropriately be considered until the alternative design has been reviewed and determined acceptable. He indicated that staff will bring this issue back for Commission consideration at the appropriate time. The Assistant Planner then stated that Condition No. 3 has been met because the . updated information has been submitted to the Planning Office. As a result, this condition may be deleted when the Commission takes action on this application. He stated that the water course through this subject property has been identified as a ditch rather than a stream/ditch. As a result of that determination, the 35-foot streambank setback does not apply and Condition No. 9d may be eliminated. Assistant Planner Saunders stated that the City-County Planning Board conducted the public hearing on this preliminary plat at its March 18 meeting. Following that public hearing, the Board forwarded a recommendation for approval, subject to 26 conditions. He encouraged the Commission to consider the revisions to those conditions which he has just outlined. Mr. Dave Crawford, Thomas, Dean and Hoskins, stated that the sidewalk will be constructed along the south side of Durston Road, adjacent to the detention pond, in . conjunction with this subdivision. He cautioned that, since the design for Durston Road has not yet been developed, it is extremely difficult to determine the grade for that improved roadway, and that makes determining the location of the sidewalk even more difficult. He then forwarded his commitment to making the best decisions possible when installing the sidewalk, 04-07-97 -..,. ... -----" --- ... . ..-.- - 3 - but asked the Commission to recognize that it may need to be removed and relocated when the road improvements have been completed. Mr. Crawford stated that the 1-foot-wide "no access" strip along the north property line of Lot 1, Block 1, as required under Condition No. 16, is acceptable. He noted, however, that the lot lying immediately to the west is located in Phase II and, since it has no other street . adjacent to it, access onto Durston Road will be proposed for that lot. Assistant Planner Saunders responded that access onto Durston Road for the lot in Phase II is acceptable because it is more than 150 feet from the intersection of Michael Grove Avenue and Durston Road. He then reminded the Commission that that issue is a part of Phase II and will be considered at that time. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the preliminary plat for the North Meadows Subdivision, as requested by Thomas, Dean and Hoskins for Sunrise Development, L.L.C., under Application No. P-9709, to subdivide 23.25 acres located in the Northwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, into 15 lots for four-plex residential . development and 5 lots for multi-plex/commercial development plus a 7.3-acre remainder lot, subject to the following conditions: 1. Annexation to the City of Bozeman, with all conditions, shall be completed. 2. The applicant shall design and construct line A2, as designated in the Draft Wastewater Facility Plan, or an alternative routing, as approved by the City Engineer. A predesign report addressing the master planned sewer system to identify necessary sewer system improvements required for full development shall be prepared and submitted to the City Engineer for review and approval. 3. The final improvement drawings shall be adequately dimensioned. 4. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter & sidewalks) prepared and signed by a professional engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental . Quality (DEQ). The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. The engineer shall provide a pavement design report for the proposed streets. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. 04-07-97 - 4 - 5. All infrastructure improvements including 11 water and sewer main extensions, which must be constructed, and 2) public or private streets including curb/gutter, sidewalks, and storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to filing of the final plat. No building permits will be issued prior to completion and acceptance of the public infrastructure improvements. 6. The developer shall be responsible for the payback of SID No. 621 (sewer) . payback area fees and the Main Mall sewer payback area fees. The paybacks must be completed prior to final plat approval. 7. A Stormwater Grading, Drainage and Treatment Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease and other pollutants from the run-off from the private and/or public streets must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient flow directional arrows and spot elevations along drainage courses), stormwater detention/retention basin details (including basin sizing and discharge calculation and discharge structure details), stormwater discharge destination and a stormwater maintenance plan. If the grading design discloses any adverse impact to off-site properties, necessary design alterations and/or drainage conveyance devices and easements must be provided. The stormwater drainage/treatment plan shall include a maintenance plan which must be provided to and approved by the City Engineer. The plan shall include the following: description of maintenance operations, frequency of inspections and maintenance, responsible parties and record keeping methodology. . Note: It will ultimately be the responsibility of the Homeowners' Association to ensure that the maintenance plan is consistently enforced. It is further recommended that implementation of the plan be included in the covenants and therefore a condition of plat approval. 8. Ditch information: a. Stormwater generated by the proposed subdivision which discharges to a privately owned ditch must have written permission of the ditch owner. b. The applicant shall obtain all necessary permits for any proposed relocation or creation of any pond. c. Pursuant to Section 16.12.050 of the City Code, a 10-foot utility easement shall be provided on both sides of the water course. However, it is strongly recommended that this area be established as common open space to preclude future encroachment and maintenance problems which typically occur with ditch easements on private property. . d. The Montana Department of Fish, Wildlife and Parks shall be contacted by the applicant regarding any proposed ditch/ stream relocation and any required permits (i.e. 310, 404, Turbidity exemption, etc.). 9. Sufficient water rights or cash-in-lieu, as calculated by the Director of Public Service, must be provided prior to final plat approval. 10. The proposed water main along Durston Road shall be extended west along the entire length of the property line. 04-07~97 .....----.-. .- - 5 - 11. The location of and distinction between existing and proposed sewer and water mains and easements shall be clearly depicted, as well as nearby fire hydrants and proposed fire hydrants. 12. Sewer and water services shall be shown on the final drawings and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. Oversized service stubs shall be provided for looping of water and provision of sewer . services to the large R-4 lots. Project infrastructure phasing, includina all utilitv ohasing, shall be clearly defined on the drawings and in the Predesign Report. 13. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., one foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. Sidewalks shall be constructed by lot owners within three (3) years of plat approval regardless of whether other improvements have been made to the lot(s). The developer shall install City standard residential sidewalks on all public street frontages that abut park land or open space areas at the time the street improvements are installed. These improvements shall be completed prior to plat approval or secured by an improvement agreement and financial guarantee. 14. All private drive approaches shall be constructed in accordance with the City's standard approach, i.e., concrete apron, sidewalk section and drop- curb. . 15. A temporary cul-de-sac shall be installed on West Villard Street. The temporary cul-de-sac on Michael Grove Avenue shall be signed and painted for "No Parking" to allow for snow removal. A 1-foot-wide "no access" strip shall be placed along the north property line of Lot 1 of Block 1. 16. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement. All required easements shall be provided prior to final plat approval. 17. The width of the utility easement on the west side of Lot 4, Block 4 shall be added to the plat. The easement depicted for utilities on Lot 1, Block 1 needs to be 30 feet. 18. The parkland dedication shall be provided in accordance with the 1995 changes to Section 76-3-621, M.C.A. The required dedication for Phase One is 38,570 square feet. The proposed 44,291-square-foot dedication is acceptable and will create a balance of 5,701 square feet which may be applied toward meeting the requirements for Phase Two. The detention pond site shall not be identified as "park"; it should be identified as common open space. . 19. An Occupancy Permit must be obtained from the County or appropriate governing body for locations of water and sewer mains within the public right-of-way. 20. If construction activities related to the project result in the disturbance of more that 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the Applicant to determine if a Storm Water Discharge Permit is necessary. If required by the DEa, an erosion/sediment control plan shall be prepared for disturbed areas of 5 04-07-97 - 6 - acres or less if the point of discharge is less than 100 feet from State Waters. 21. The proposed covenants need to be modified as follows: a. Section 3.5 to read "(60)" days not "(6)". b. Section 5.3.1 needs the reference to horses removed as . they are not allowed in an R-4 zone. c. Section 5.4.1 needs to mention that the covenants apply to lots zoned R-3 as well as R-4. d. Section 5.6.5 limits development to a single occupied building on each lot. This seems to be unwise on the large R-4 lots. e. The proposed covenants shall be modified as necessary to allow for the upkeep and maintenance of the detention pond site as a responsibility of the property owners association. The City of Bozeman shall be mqde a party to the portions of the covenants which provide for the maintenance of the stormwater system. 22. A note shall be placed on the final plat reading as follows: IIDue to the relatively high ground water table within the subdivision, it is not recommended that residences with basements be constructed. All persons are advised of a moderate shrink/swell potential and a moderate to high frost action potential in the soils present within the subdivision." . 23. A permit for Michael Grove Avenue to encroach on Durston Road shall be obtained from the County Road Office. 24. The final plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and shall be accompanied by all required appropriately worded certificates and a Platting Certificate. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. The construction of sewer and water improvements may not be financially guaranteed. 25. Two clothback, or other record copy(ies) acceptable to the Gallatin County Clerk and Recorder, two mylar copies, and a digital copy of the final plat, acceptable to the Engineering Division of the City of Bozeman, must be submitted with the final plat application. . Conditional approval of the preliminary plat shall be in force for not more that three calendar years, as provided by State Statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. The developer shall have three (3) years from the date of preliminary approval to complete the above conditions and apply for final plat approval. The developer shall either install the required improvements, or, 04-07-97 .... -..--- .7. unless otherwise provided for, with permission from the Bozeman City Commission, enter into a written subdivision improvements agreement, with the City of Bozeman guaranteeing the construction and installation of all required improvements in conformance with all policies, standards, and resolutions adopted by the City of Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Staff Attorney Tim Cooper stated that staff will bring back the findings of fact for this preliminary plat for Commission review and approval. Ordinance No. 1441 - amending the zonina desianation from "AS" (Agricultural Suburban) to "BP (Business Park) on 31.5 acres; to "M-1" (Liaht Manufacturina) on 55.0 acres; to "PlI" (Public Lands and Institutions) on 6.0 acres; and the "B-2" (Communitv Business) on 75.4 acres located along the west side of North 19th Avenue between Baxter Lane and the 1.90 Interchange (Graf) Included in the Commissioners' packets was a copy of the revised Ordinance No. 1441, as approved by the City Attorney, entitled: ORDINANCE NO. 1441 . 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 ON TRACTS C.1, C-2, D-1 AND D-2 OF CERTIFICATE OF SURVEY NO. 1827, AND THE TRACT OF LAND IN SECTION 35, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, DESCRIBED ON FILM 17, PAGE 1115 IN THE OFFICIAL RECORDS OFTHE GALLATIN COUNTY CLERK AND RECORDER'S OFFICE, FROM "AS" (AGRICUL TURAL SUBURBAN) TO "BP" (BUSINESS PARK) ON 31.5 ACRES; TO "M-1" (LIGHT MANUFACTURING) ON 55.0 ACRES; TO "PlI" (PUBLIC LAN DS AND INSTITUTIONS) ON 6.0 ACRES; AND TO "B-2" (COMMUNITY BUSINESS) ON 75.4 ACRES. Acting City Manager Brey reminded the Commission that this ordinance was provisionally adopted at the March 17 meeting and recommended that it be finally adopted at this time. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Ordinance No. 1441, amending the zoning designation from "AS" (Agricultural Suburban) to . "BP (Business Park) on 31.5 acres; to "M.1" (Light Manufacturing) on 55.0 acres; to "PU" (Public Lands and Institutions) on 6.0 acres; and the "B.2" (Community Business) on 75.4 acres located along the west side of North 19th Avenue between Baxter Lane and the 1.90 Interchange, be finally adopted. The motion carried by the following Aye and No vote: those 04.07.97 - 8 - voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Reauest for City to become maior sponsor of "Shakespeare in the Parks" proaram for this summer - Montana Shakespeare in the Parks . Included in the Commissioners' packets was a letter from Ms. Moira Haggerty, Director of Marketing and Special Events for Montana Shakespeare in the Parks, asking that the City serve as a major sponsor to make this summer's program free to the public, in recognition of its 25th anniversary season. Commissioner Frost characterized Shakespeare in the Parks as a community event that draws people from the neighboring communities as well as Bozeman. He then forwarded his support for their effort to provide the plays at no cost to the attendees, and suggested that the City contribute $2,000 toward it. Commissioner Youngman recognized that this is the year when the Commission will face budgetary limits, noting that the essential services must be protected. She stated, however, that few programs in the community are targeted toward access for low-income persons, and . this proposal would help to accomplish that. She compared this to the municipal band concerts, noting that the City's contribution toward this program would be less than its contribution to the band. Commissioner Rudberg stated that, while she attends Shakespeare in the Parks and while she will make a personal contribution toward this summer's program, she cannot support the use of City funds to do so. She noted that balancing of the City's budget will not be easy this year, and she feels it would be inappropriate to use taxpayer monies in this manner. Commissioner Stiff stated he cannot justify approving this request, particularly in light of the budgetary constraints being encountered. Mayor Stueck stated that some of the businessmen in the community have indicated . their intent to sponsor the Shakespeare in the Parks this summer. He then forwarded his interest in seeing how well the business community responds to this request before making a decision. He indicated his intent to personally contribute to the program and suggested that, if the program encounters problems late in the season, he may be willing to consider a City 04-07-97 ---.---- - 9 - contribution, but not at this time because he does not believe all other available funding sources have been exhausted. It was moved by Commissioner Youngman, seconded by Commissioner Frost, that the City become a co-sponsor for Shakespeare in the Parks for this summer, through a $1,000 contribution. The motion failed by the following Aye and No vote: those voting Aye being . Commissioner Youngman and Commissioner Frost; those voting No being Commissioner Stiff, Commissioner Rudberg and Mayor Stueck. Commission Resolution No. 3167 - establishing guidelines for recognizina the accomplishments or achievements of individual citizens and aroups in the communitv Included in the Commissioners' packets was a copy of Commission Resolution No. 3167, entitled: COMMISSION RESOLUTION NO. 3167 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, EST ABLlSHING GUIDELINES FOR RECOGNIZING THE ACCOMPLISHMENTS OR ACHIEVEMENTS OF INDIVIDUAL CITIZENS AND GROUPS IN THE COMMUNITY. . Acting City Manager Brey suggested that the Commission delay action on this resolution for a period of two weeks to allow staff an opportunity to consider additional revisions to the resolution. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that action on this resolution be delayed for a period of two weeks. The motion carried by the following Aye and No vote: those voting No being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Amendments to covenants for Bridger Creek Subdivision, Phase I. to change architectural guidelines to reduce the minimum reauired roof pitch Acting City Manager Brey reminded the Commission that this item was removed from . the Consent Items. at Commissioner Youngman's request. Senior Planner Dave Skelton stated that the Planning Office has received a request from Mr. Rex Easton, Golf Course Partners, to amend the covenants for Phase I of Bridger Creek Golf Course Subdivision, to modify three elements. He noted that any amendments to these covenants must be approved by the Commission since the City is a party to the covenants; and 04-07-97 - 10 - the amendments will also pertain to Phases II and III once the plats for those phases have been filed. He then reviewed the three requested modifications, which include: (1) allow the community design committee for the homeowners' association to approve the exterior finish materials for structures and not limit the vertical exterior surface to natural materials; (2) reduce the minimum allowable roof pitch for residential and commercial structures from 6: 12 to 4: 12; . and (3) allow the erection of an exterior antenna and/or satellite dish if adequately screened or landscaped. The Senior Planner stated that staff has reviewed these requested amendments to the covenants and forwarded its position in a memo dated April 2, which was included in the Commissioners' packets. He noted that staff is neither in favor of nor in opposition to the requested amendments. He also noted that 120 + of the 150 property owners in the subdivision are supportive of the requested amendments, and none of the property owners are opposed. Senior Planner Skelton stated that, under the zone code, ground mounted satellite dishes are not allowed in any residential zoning district except" AS" and "RS". In light of that, he . suggested that the amendment be revised to allow 18-inch satellite dishes but not ground- mounted satellite dishes. Mr. Rex Easton, Golf Course Partners, stated he has no problem with the amendment proposed by the Planning Staff. He noted that the intent was to allow the small satellite dishes, with landscaping to screen them. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve amendments to the covenants as requested, to (1) allow the community design committee for the homeowners' association to approve the exterior finish materials for structures and not limit the vertical exterior surface to natural materials; (2) reduce the minimum allowable roof pitch for residential and commercial structures from 6: 12 to 4: 12; and (3) allow the erection of an exterior antenna and/or satellite dish, exclusive of a ground- . mounted satellite dish, if adequately screened or landscaped. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. 04-07-97 ..--".-- .,..... - 11 - Award bid - fire DumDer truck - Wheatland Fire EauiDment ComDanv. Wheatland, Wyoming - in the bid amount of $279,990.00 Acting City Manager Brey reminded the Commission that this item had been removed from the Consent Items. He then suggested that the Commission delay action on this item for a period of two weeks. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission delay action on this item for a period of two weeks. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. UDdate re legislative issues - Acting City Manager Brav Acting City Manager Brey distributed copies of a memo from the Montana Department of Commerce, dated March 31, 1997, regarding the failure of SB88, which would have amended the Treasure State Endowment Program to allow for applications for grants and loans on an annual basis. He also distributed copies of the legislative update from the Montana . League of Cities and Towns, dated April 4. He noted that this update lists a variety of bills which the League has been monitoring through this session. The Acting City Manager stated he has received a request from MSU to provide testimony in opposition to HB500. He noted that, if this bill passes, it could result in the City losing the assistance it has been receiving from MSU in the computerized mapping programs that have recently been undertaken. He stated that this loss would include not only the work that has been done, much of it by students, but would also include the attendant educational component for City staff. He then indicated he intends to provide the requested testimony unless the Commissioners object; no one objected. Discussion - FYI Items . Acting City Manager Brey presented to the Commission the following "For Your Information" items. (1 ) Notice of Special City Commission Meeting, for the purpose of conducting public hearings for 7:00 p.m. on Monday, April 14. 04-07-97 - 12 - (2) Letter from Linda Ward, Vice President of the CJMS Parent Council, dated March 31, asking for Commission assistance in ensuring the pedestrian safety of their students. The Acting City Manager stated that City staff members have been in contact with the personnel from the Montana Department of Transportation. He also indicated that this issue will probably be raised during the next Transportation Coordinating Committee meeting. . (3) Invitation to attend the farewell reception for Library Director Steve Cottrell on Saturday, April 5, at the Bozeman Public Library. (4) Copy of the draft outline for the Montana Wetlands Conservation Strategy, which is a part of the critical lands study. Commissioner Rudberg noted this document contains some interesting information. She noted that in the document, it indicates that 27 percent of the wetlands have been lost; however, the last page indicates those lands were not lost to development but were lost because the federal government encouraged that they be drained to provide pest control for agriculture. She further noted that restoration of these wetlands could be easily accomplished by simply removing the drain tile. . (5) Invitation from Reach, Inc., to attend the opening reception for the self-portraits on display at the Beall Park Art Center as a part of their 23rd anniversary celebrations. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 8, in the Commission Room. (7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, April 8, in the Commission Room. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, April 8, at the Courthouse. (9) The Acting City Manager stated that a substantial portion of his time last week was spent in budget meetings. He indicated that most of the first round of meetings has been completed, and the process remains on schedule. . (10) Commissioner Frost stated that he attended the 100th anniversary celebrations for Phillips Book Store. (11 ) Commissioner Youngman stated that she attended part of the meetings last week on composting and recycling, and found them very interesting and informative. 04-07-97 _ ___._.,.__. _. .___n_._ -- n .-.....------ - ....... --...... -. ---- ,.-- - 13 - ( 12) Commissioner Rudberg submitted the following. (1) Noted that the MSU brochure contains a nice picture of Street/Sanitation Superintendent Sicz at the landfill and a nice article about the young people who started the skateboarding club. (2) Noted that in Sunday's edition of the Bozeman Dai/y Chronicle, there was an advertisement for random acts of kindness. She forwarded support for the program, noting it is her hope that the community will participate. . (3) Stated that the notice in the Sunday's edition of the Bozeman Daily Chronicle, entitled Why are they scaring seniors? was well written. (4) Stated that the possibility of using general obligation bonds for the purpose of acquiring open space has been raised. She cautioned that, before this issue is given consideration, the Commission should ask the Administrative Services Director about the City's bonding capacity, particularly in light of other funding needs. (5) Highlighted some of the information contained in the latest newsletter from the Southwest Montana Building Industry Association. ( 13) Commissioner Stiff submitted the following. (1) Attended the Design Review Board meeting last week. (2) Attended the farewell reception for Library Director Steve Cottrell. (3) Attended a meeting of the agricultural community, at which many of their . concerns were raised. (14) Staff Attorney Tim Cooper stated that the permit for construction of the flare at the landfill should be issued within the next two weeks. (15) Mayor Stueck submitted the following. (1) Stated that special recognition should be given to J.D. Harley-Davidson for their donation of two motorcycles to the City's Police Department for the summer. He noted that recognition should also be given for the donated bicycles for the bike patrol as well. (2) Stated that he and Acting City Manager Brey met with one of Representative Rick Hill's staff people this past week, to discuss major issues of concern. He noted that those issues included unfunded mandates, infrastructure needs, affordable housing, the COPS grant program, and maintaining the current ISTEA funding levels. . Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Reauest for permission to conduct community run for food. fun and fitness - Team Up ~ Saturday. April 26. 9:00 a.m. - beainnina and ending at Sacajewea Middle School 04-07-97 -..-. - 14 - Reauest for permission to conduct Pride! parade - Saturday. June 7. 10:00 a.m.; subiect to followina standard parade route on Main Street. all parade guidelines and any applicable ordinances Commission Resolution No. 3168 - establishing fees for applications for annexation COMMISSION RESOLUTION NO. 3168 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. ESTABLISHING FEES FOR APPLICATIONS FOR ANNEXATION. Commission Resolution No. 3169 - establishing public hearing on application from Lattice Materials Corporation for tax reduction for expandina business for May 5, 1997 COMMISSION RESOLUTION NO. 3169 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON THE APPLICATION OF LATTICE MATERIALS CORPORATION FOR TAX REDUCTION UNDER SECTION 15-24-1401. ET SEa, MONTANA CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. Commission Resolution No. 3170 - establishing public hearing on application from Color World of Montana. Inc.. for tax reduction for expandina business for May 5. 1997 COMMISSION RESOLUTION NO. 3170 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON THE APPLICATION OF COLOR WORLD OF MONTANA, INC.. FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET SEa, MONT ANA CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. Commission Resolution No. 3171 - establishing public hearing on application from Westlake Building Partnership for tax reduction for expandina business for Midwest Industries. Inc.. for May 5. 1997 COMMISSION RESOLUTION NO. 3171 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON THE APPLICATION OF WESTLAKE BUILDING PARTNERSHIP FOR TAX REDUCTION FOR MIDWEST INDUSTRIES, INC.. UNDER SECTION 15-24-1401. ET SEa, MONTANA CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. Accept recommendation from Audit Committee to retain Veltkamp. Stannebein . & Bateson. Bozeman. Montana. to conduct audits of City's financials for Fiscal Years 1997 and 1998. with option for extension; authorize staff to execute the necessary documents Approve preliminary desian of South 19th Avenue between West Main Street and Kagy Boulevard/Stucky Road; authorize staff and consulting enaineer to proceed with development of design for road improvements as submitted during March 31 work session 04-07-97 -. .-------------- - 15 - Authorize Director of Public Service to sign final plat - Bridaer Creek Subdivision. Phase II - subdivide 25.83 acres into 47 single-family residential lots and 1 condominium residential lot; authorize Acting City Manaaer to sign attendant easements (alona Mcllhattan Road. south of City landfill) Award bid - 1997 procurement of traffic signal poles and are assemblies - WESCO Distribution. Inc.. Butte. Montana - total bid amount of $38.790.00 . Acknowledge receiPt of reauest for vacation of 16-foot by 150-foot strip of North Ida Avenue adiacent to Block I. Rouse's First Addition - John M. Radick. V; refer to staff (from East Lamme Street south to alley) Authorize Actina City Manager to sign - Agreement with Montana Management Network to serve as City'S negotiator with bargainina aroups for Fiscal Years 1998 and 1999 Authorize City Manaaer to sign - Security Aareement with J.D. Harley-Davidson. Inc.. and other attendant documents for two motorcycles for Police Department Building Inspection Division report for February 1997 Claims It was moved by Commissioner Youngman, 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 Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Recess - 3:45 p.m. Mayor Stueck declared a recess at 3:45 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Public hearino - COA with deviations from Sections 18.50.160 and 18.18.050. to allow 6-foot by 10-foot addition to rear of non-conformina structure. and new two-car aarage with shop area which encroaches 5 feet into reauired 8-foot side yard setback on lots 18 and 19. Block 3. Capitol Hill Addition - John and Laurel Schleaelmilch. 818 South 6th Avenue (Z-9719) This was the time and place set for the public hearing on the Certificate of Appropriateness, as requested by John and Laurel Schlegelmilch, under Application No. 04-07-97 ---..--- .-.- - 16 - Z-9719, with deviations from Section 18.50.160 of the Bozeman Municipal Code, to allow a 6-foot by 10-foot addition to the rear of a non-conforming structure, and from Section 18.18.050, to allow a new garage with shop to encroach 5 feet into the required 8-foot side yard setback on Lots 18 and 19, Block 3, Capitol Hill Addition. The subject property is more . commonly located at 818 South 6th Avenue. Mayor Stueck opened the public hearing. Associate Planner Dean Patterson presented the staff report on behalf of Historic Preservation Planner Derek Strahn. He stated that under this application, the existing deck at the rear of the house is to be removed, and a 6-foot by 10-foot addition constructed with a larger deck to be constructed off that addition. Although the addition meets setback requirements, a deviation is needed because the existing house encroaches "inches" into the required front and side yard setbacks. Also, the applicant proposes to remove the existing single-car garage, which meets setback requirements, and replace it with an oversized two-car garage which encroaches 5 feet into the required 8-foot side yard setback. He noted that the detailing of the garage is very similar to that of the house, through the use of matching siding, . window type, cedar shakes, roof shape and slope, asphalt shingles and color scheme. He indicated that this application does conform with the Secretary of the Interior's Standards for Rehabilitation. The Associate Planner stated that staff has reviewed this application and has forwarded a recommendation for approval. He noted that garages in the historic district are typically located close to the property line and, while the existing garage does not encroach into the setbacks, it would be appropriate to allow the new garage to do so. He stated that this will ensure that as much of the usable yard area is preserved as possible while maintaining the historic characteristics of the neighborhood. Associate Planner Patterson stated that the Design Review Board reviewed this application at its March 25 meeting. Following review of the application and the staff report, . the Design Review Board forwarded its recommendation for approval, subject to three conditions. He noted that the applicant has proposed that the garage be located 16 Y2 feet from the alley; and staff identified the concern that, while this is not adequate length in which to park a car, it could attract people to do so. The Design Review Board concurred with that concern and, as a result, has forwarded a recommendation that the garage be moved to either 04-07-97 - - 17 - be not more than 12 feet from the alley or a minimum of 18 feet from the alley. The applicant has indicated that, to preserve as much yard space as possible, he will probably move the garage closer to the alley. The applicant was not present. . No one was present to speak in support of or in opposition to this Certificate of Appropriateness with deviations. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the Certificate of Appropriateness, as requested by John and Laurel Schlegelmilch, under Application No. Z-9719, with deviations from Section 18.50.160 of the Bozeman Municipal Code, to allow a 6-foot by 1 O~foot addition to the rear of a non-conforming structure, and from Section 18.18.050, to allow a new garage with shop to encroach 5 feet into the required 8-foot side yard setback on Lots 18 and 19, Block 3, Capitol Hill Addition, subject to the following conditions: 1. To better enable the parking of vehicles behind the proposed new garage . without protruding into the existing alley and, more specifically, to provide for adequate space for accessing the proposed garage and existing alley, the applicant shall provide at least eighteen (18) feet distance between the new garage and the existing alley. The applicant shall also have the option of placing the proposed garage not more than twelve (12) feet from the existing alley. 2. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval, unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. Modifications applicable to this condition include, but are not limited to: (1) changes in the size and layout of site elements, such as parking lots, landscaping, buildings, etc.; (b) changes in the exterior design of structures; (c) changes in the design or structure of signage; and (d) the rearrangement of interior areas. 3. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval, or this approval shall become null and void. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. 04-07-97 - 18 - Public hearina - Maior Site Plan with COA and deviation from Section 18.43.060.C.. to allow Darkina and driveway access to encroach 25 feet into 50-foot Class I Entryway Corridor roadway setback on Lots 15A and 158. Gordon Mandeville State School Section Subdivision - Don Amos for Chuck Westlake and Midwest Industries. Inc. (Z-9709) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness, as requested by Don Amos for Chuck Westlake and Midwest . Industries, Inc., under Application No. Z-9709, with a deviation from Section 18.43.060.C. of the Bozeman Municipal Code, to allow parking and a driveway access to encroach 25 feet into the 50-foot Class I Entryway Corridor roadway setback on Lots 15A and 15B, Gordon Mandeville State School Section Subdivision. The subject property is more commonly located at 2320 North 7th Avenue. Mayor Stueck opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that the Certificate of Appropriateness and deviation are being sought in conjunction with a major site plan, under which an 11 ,468-square-foot addition to the existing 1 0,400-square-foot building is proposed. He noted that, while the existing portion of the structure is masonry, the addition is to be metal. While concern about this proposed change is material was a topic of discussion at the . Design Review Board, they recognized that the subject property is located in a light manufacturing district and is used for that purpose. They determined that, with an emphasis on landscaping, the proposed change in material would be acceptable. The Senior Planner stated that under the requested deviation, parking spaces and the existing driving aisle would be allowed to continue encroaching 25 feet into the required 50- foot setback from a Class I corridor. He noted that the Design Review Board recognized the built environment in this area and that fact that requiring compliance with the 50-foot setback could create difficulties on the site. Senior Planner Skelton stated that the Design Review Board reviewed this application on February 27 and March 11, 1997. He noted that the plans were revised between those . reviews, and the version contained in the Commissioners' packets is the version which was approved by the Design Review Board. He then posted the other set of plans, which includes three off-street parking spaces at the northwest corner of the site, indicating that Mr. Westlake has requested that these spaces be added back into the design and that staff is not opposed to the request. 04-07-97 - 19 - The Senior Planner stated that the City-County Planning Board considered the major site plan at its March 18 meeting. Following the public hearing and review of the applicable criteria and staff findings, as contained in the written staff report, the Board forwarded a recommendation for approval of the application, subject to 25 conditions. Mr. Chuck Westlake, applicant, forwarded his request that the three parking spaces at . the northwest corner of the property be added back into the design. He stated that after the Design Review Board meeting, at which he agreed to elimination of the parking spaces, his shop personnel informed him that these parking spaces are important to the operation since they provide an area for staging of vehicles before they go into the shop or parking them after the work has been completed. The parking spaces in this location allow the employees to move the vehicles easily, without crossing in front of the building. He concluded by .J encouraging Commission approval of the application, including this request. No one was present to speak in opposition to the application. Responding to Commissioner Frost, the Senior Planner stated that the landscaping or snow storage areas in the northwest corner of the site can still be retained if the three . additional parking spaces are approved. Responding to Mayor Stueck, the Senior Planner stated that, while a one-way drive was originally proposed, it was not included in the approved plans because of the circulation problems that could have been encountered. He further noted that the landscape island has been relocated to the corner of the building, to further improve traffic circulation. Responding to Commissioner Youngman, Senior Planner Skelton stated that the species and size of trees to be planted are not included in the conditions because that is a zone requirement, and staff is attempting to decrease the number of conditions attached to approval of applications. He stressed that all code requirements must be met, whether they are included in the conditions or not. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. . It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Major Site Plan with Certificate of Appropriateness, as requested by Don Amos for Chuck Westlake and Midwest Industries, Inc., under Application No. Z-9709, with a deviation from Section 18.43.060.C. of the Bozeman Municipal Code, to allow parking and a driveway access to encroach 25 feet into the 50-foot Class I Entryway Corridor roadway 04-07-97 - 20 - setback on Lots 15A and 158/ Gordon Mandeville State School Section Subdivision, with the three off-street parking spaces in the northwest corner and subject to the following conditions: 1. That a Storm Water Drainage/Treatment and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate that adequate site drainage will be achieved by providing sufficient spot elevations and flow direction arrows. Storm water . retention basin details including basin sizing calculations and basin side slopes shall be provided. A storm water maintenance plan shall also be provided; 2. That plans and specifications for any proposed fire service line must be prepared in accordance with the City/s Fire Service Line Policy, signed by a Professional Engineer (PE) registered in the State of Montana and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings; 3. That sewer and water services shall be properly shown on the final site plan and approved by the Water/Sewer Superintendent; 4. That the location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants; 5. That City standard sidewalk shall be installed and properly depicted at the standard location (Le., 1 foot off property line) along the street frontage. . Any deviation to the standard alignment or location must be approved by the City Engineer. A typical section for this sidewalk shall be provided. Note that crushed gravel base must be placed under all portions of the sidewalk; 6. That crushed gravel base must be placed under all portions of the proposed concrete curbing; 7. That any floor drains proposed for the building interior shall be shown on the final site plan. Floor drains located in a vehicle accessible area shall be provided with a City standard grit/oil separator approved by the City Engineer. A detail for the grit/oil separator shall be provided with the final site plan. Due to the difficulty and expense in providing proper maintenance and disposal of waste associated with a separator, the applicant is encouraged to seriously consider deleting the proposed floor drains and operating as a "dry shop"; 8. That drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle; . 9. That a boulevard planting detail shall be provided. Root barrier material should be used. No plantings shall be allowed in the typical sidewalk location; 10. That the applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SID's for the following: a. Signalization of the intersection of Griffin Drive and North 7th Avenue; 04-07-97 ___,,__n ...._ __ .__ - 21 - 11. That the applicant revise the landscape plan for the twenty-five (25) foot wide front yard along North 7th Avenue to include the following: a. A mix of low-profile landscape and 2 to 3-foot-high berms that reduces the visual impact of the off-street parking area; b. Additional landscape at the base of the monument sign; c. That a fifty (50) foot wide front yard be installed, maintained . and landscaped at a point north of the northern egress/ingress and south of the southern egress/ingress onto North 7th Avenue; d. That the landscape plan be revised, prepared and certified by a local nurseryperson that reflects a variety in seasonal color, textures, size and shape for review and approval by the Planning Office prior to final site plan approval; and e. That the landscape plan include one (1) boulevard tree per fifty (50) lineal feet of street frontage along North 7th Avenue, with those trees emphasizing seasonal color; 12. That the applicant verify on the site plan and exterior building elevations the location and type of mechanical equipment (roof-mounted or ground- mounted), including power equipment, that will be installed with the project, and that typical details of the screening device for the mechanical equipment be provided for review and approval prior to final site plan approval; 13. That the applicant provide a color palette of the project that is also verified . on the exterior building elevations, which discourages the use of bright, obtrusive colors, for review and approval prior to final site plan approval; 14. That the applicant obtain a building permit within one (1) year of receiving a Certificate of Appropriateness and Major Site Plan Review approval, and prior to proceeding with construction of the project; 15. That the applicant verify the location of all mechanical and power equipment (i.e., ground and/or roof mounted) on the site plan and exterior building elevations, and provide typical details indicating the method of screening to screen the mechanical equipment from adjacent properties and street frontages for review and approval by the Planning Office prior to final site plan approval; 16. That the applicant provide a landscape irrigations system that will provide at a minimum freeze less hose bibs in all three (3) landscape islands along North 7th Avenue, off-street parking lot interior landscape island and landscape along the south side of the building office area addition, and it be noted accordingly on the site plan for review and approval by the Planning Office prior to final site plan approval; . 17. That the applicant include in the landscape front yard along North 7th Avenue a regular formal spacing of one (1) boulevard tree for every fifty (50) lineal feet of street frontage, and that the site plan be revised accordingly for review and approval by the Planning Office prior to final site plan approval; 18. That any outside storage of equipment and/or materials will be screened along the south and east property line with a one hundred (100) percent opaque wall or fence not less than six (6) feet high as required by Section 18.50.035.C of the Zoning Ordinance, and that typical screening details 04-07-97 ------- - --- - 22 - be provided on the site plan indicating height, dimensions, materials and color for review and approval by the Planning Office prior to final site plan approval; 19. That any proposal for illumination of signage on said zone lot shall be noted accordingly on the site plan by providing typical illumination details indicating direction of illumination, type, method of mounting ,and illumination output for review and approval by the Planning Office prior to . final site plan approval; 20. That the northernmost egress/ingress on North 7th Avenue be reduced to the maximum allowable driving aisle width allowed by the Zoning Ordinance of thirty-five (35) feet and that it be noted accordingly on the site plan for review and approval by the Planning Office prior to final site plan approval; 21. That seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the Bozeman City-County Planning Board shalf be submitted for review and approval by the Planning Director within six (6) months of the date of City Commission approval. A copy of the approved final site plan shall be forwarded to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by the Planning Office; and one copy shall be retained in the Planning Office file; 22. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements prior final site plan approval. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; 23. That a Building Permit must be obtained prior to the work, and must be . obtained within one year of final site plan approval. Building Permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site p lan, including excavation and footing preparation, but NO CONCRETE MAYBE POURED UNTIL A BUILDING PERMIT IS OBTAINED; 24. If occupancy of the building addition is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security; and 25. That the applicant, upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, also submit a written narrative outlining how each of the above conditions of approval have been satisfied. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. 04-07-97 - 23 - Public hearina - Conditional Use Permit with variance from Section 18.50.120.F.. to allow construction of 10-resident adult grouD home facilitv with four Darking SDaces instead of the reauired ten SDaces on Lot 27. Babcock Meadows Subdivision. Phase I - Chuck and Sandy Graden for Bee Hive Homes (2916 Donna Avenue) (Z-9706) This was the time and place set for the public hearing on the Conditional Use Permit, as requested by Chuck and Sandy Graden for Bee Hive Homes, Inc., under Application No. . 2-9706, to allow construction of a ten-resident adult group home facility on Lots 27, Babcock Meadows Subdivision, Phase I, with a variance from Section 18.50.120.F. of the Bozeman Municipal Code, to allow four parking spaces instead of the required ten spaces. The subject property is more commonly located at 2916 Donna Avenue. Mayor Stueck opened the public hearing. Assistant Planner Jody Olsen presented the staff report. She stated that this application is for a ten-resident assisted living facility for the elderly. The subject property is zoned R-3, Residential--Medium-density; and under this zoning designation, group homes for up to eight residents are principal uses while those with over eight residents are listed as conditional uses. In conjunction with this application, a variance is also being sought to allow four off-street parking spaces instead of the ten spaces that would be required under the code, based on one . parking space per guest room. The applicants stated that the number of staff members will be limited, and those staff members will park in the attached garage. Since the staff members will be responsible for running errands and since it is anticipated that few, if any, of the residents will have vehicles, the applicants feel that providing ten off-street parking spaces is unnecessary. The Assistant Planner reviewed the surrounding land uses, noting that the subject lot is located along the southern edge of the Babcock Meadows Subdivision, Phase I, immediately behind the Main Mall. To the west is the public linear trail through the subdivision, and the lots on each side of the subject lot are currently vacant. The Assistant Planner stated that staff has reviewed this application in light of the seven . criteria set forth for consideration of conditional use permits, and its comprehensive findings are contained in the staff report, which was previously distributed to the Commission. She noted that the City-County Planning Board conducted its public hearing on this application at its March 18 meeting. After considering the application in light of the criteria and staff's 04-07-97 ---- --.- -. -.-.--......-....-.-- - 24- findings, the Board concurred in staff's recommendation for approval, subject to twelve conditions. Mr. Chuck Graden, applicant, stated his concurrence with the staff report and indicated a willingness to respond to questions. No one was present to speak in opposition to the requested conditional use permit with . variance. Responding to Commissioner Youngman, Assistant Planner Olsen stated that the building permit for this structure cannot be drawn until after the amended final plat has been filed under the code requirements. She noted that, if the Commission wishes, it may add this as a condition to ensure that the applicant is aware of the requirement. Responding to Mayor Stueck, Mr. Graden indicated a willingness to accept the additional condition. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the variance requested by Chuck and Sandy Graden for Bee Hive Homes, . Inc., under Application No. Z-9706, to allow four off-street parking spaces instead of the required ten spaces for the proposed ten-resident adult group home facility on Lots 27, Babcock Meadows Subdivision, Phase I. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the Conditional Use Permit, as requested by Chuck and Sandy Graden for Bee Hive Homes, Inc., under Application No. Z-9706, to allow construction of a ten-resident adult group home facility on Lots 27, Babcock Meadows Subdivision, Phase I, subject to the following conditions: 1. On-site parking spaces provided for this facility shall be reserved for staff . and visitors; parking arrangements for vehicles owned and/or operated by residents of the facility will need to be provided off-site; 2. The visitor parking spaces, proposed in front of the garage, shall be designated (through such means as signing or striping or a combination of both) in a manner acceptable to the Planning Office. One parking space shall be a standard space and one parking space shall be a disabled accessible space that is van accessible. The disabled accessible parking space must be signed as such. These parking spaces shall be indicated and appropriately dimensioned on the final site plan (FSP); 04-07-97 - 25 - 3. Landscape screening shall be installed between the proposed building and the adjacent linear park to the west. The landscaping shall consist of a hedge on the property line along the entire west property line. At maturity, the hedge cannot exceed four (4) feet in height. In addition, trees, with a planting size of at least 1 % to 2 inches in caliper or ten feet in height, shall be planted in this side yard, at a minimum of one tree per fifty linear feet of yard; 4. The applicant shall submit with the FSP a letter from the Design Review . Committee for Babcock Meadows Subdivision, Phase I, indicating that the design of the proposed home is appropriate and acceptable; 5. The final amended plat for Babcock Meadows Subdivision, Phase I, must be filed before the building permit may be drawn; 6. Sewer and water services shall be properly shown on the FSP. The adequacy of the existing services shall be documented by the applicant and verified by the Chief Building Official. Pursuant to Commission Resolution No. 2972, Donna Avenue may not be cut to install a larger service for this site until the summer of 2002, unless otherwise approved by the City Commission. City of Bozeman applications for service shall be completed by the applicant; 7. The required number of off-street parking spaces shall be provided by the applicant in accordance with Section 18.50.120.B.(3) of the Zoning Ordinance, unless a variance or deviation is granted by the Governing Body; 8. The configuration of the off-street parking shall comply with the requirements of Section 18.50.120 of the Zoning Ordinance, unless a . deviation or variance is granted by the Governing Body; 9. An occupancy permit, issued by the Chief Building Official, certifying that all applicable Uniform Building and Fire Codes have been complied with, must be issued prior to occupancy of the structure or commencement of the use as a group home occurs, and a copy of said occupancy permit must be provided to the City-County Planning Office; 10. If occupancy of the structure or commencement of the use is to occur prior to the installation of the required outdoor, non-building site improvements (i.e. landscaping), the applicant shall enter into an Improvements Agreement with the City to guarantee the installation of the required improvements. Said Improvements Agreement shall include detailed cost estimates for the improvements. The Improvement Agreement shall be secured by a method of security equal to one and one- half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve months; however, all secured site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security; . 11. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure; 12. That all of the special conditions placed on this Conditional Use Permit shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; and 04-07-97 _.__._u__ ._.______.____...__..._. . .. -. .----.-..--- - 26 - 13. All of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to the commencement of use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor . Stueck; those voting No. none. Public hearina - Commission Resolution No. 3162 - intent to annex 167::t acres known as Tracts C-1. D-1. C-2 and D-2. COS 1827. Section 35. T2S. R5E. MPM and tract of land in Section 35. T2S. R5E. MPM described in Film 17. Paae 1115 (west side of 19th between Baxter and Vallev Center) (Graf) (A-970 1 ) This was the time and place set for the public hearing on Commission Resolution No. 3162, entitled: COMMISSION RESOLUTION NO. 3162 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN. THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. . Mayor Stueck opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She stated that under this application, 167::t acres lying along the west side of North 19th Avenue between Baxter Lane and the 1-90 interchange are to be annexed into the city. She reminded the Commission that a 6 + -acre site for a new post office was recently created along Baxter Lane through realignment of lot lines as approved by the County Commission. She further reminded the Commissioners that they recently approved zone map amendments on this subject parcel, and the ordinance enacting those amendments was adopted at this afternoon's session. The subject property is currently vacant and is used for hay production. The property is contiguous to the city at its southeast corner. Sewer mains are located in Baxter Lane, along the southern . boundary of the property. and close to the northern edge of the property. No water mains are adjacent to the site, although installation of the Northwest Water Trunk Main is currently being pursued through the creation of a special improvement district. The Assistant Planning Director stated that staff has reviewed this application in light of the four goals and eleven policies for consideration of annexations, as contained in 04-07-97 - 27 - Commission Resolution No. 3137, and the staff's comprehensive findings are contained in the written staff report which was previously submitted to the Commission. She briefly summarized those findings, concluding that this application complies with a majority of those goals and policies. She then forwarded staff's recommendation for approval, subject to five conditions. . Mr. Gene Graf, applicant, indicating a willingness to respond to questions. No one was present to speak in opposition to the requested annexation. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the request for annexation of 167:f:: acres known as Tracts C-l , 0-1, C-2 and 0-2, COS 1827, Section 35, T2S, R5E, MPM and tract of land in Section 35, T2S, R5E, MPM described in Film 17, Page 1115, as requested by Gene Graf under Application No. A-9701, and authorize and direct staff to bring back a resolution of annexation upon execution of the Annexation Agreement and satisfaction of the following conditions: 1. The property owners shall provide usable water rights or cash-in-lieu . thereof in an amount to be determined by the Director of Public Service, prior to final plat approval, final site plan approval, or the issuance of any building permit, whichever occurs first. The property owners shall execute a promissory note or other appropriate document acceptable to the City, agreeing to provide said water rights or cash-in-lieu at the appropriate time, prior to final annexation. 2. The Annexation Agreement shall include an executed waiver of right to protest the creation of SIDs, which shall specify that in the event SIDs are not utilized for the completion of these projects, the property owner shall agree to participate in an alternate financing method for completion of said improvement on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. The Waiver shall include the following: a. Signalization of Oak Street and North 19th Avenue; b. Signalization of Baxter Lane and North 19th Avenue; c. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage; and . d. City water system improvements, including major trunk lines and internal looping for the services provided by the City (domestic and fire protection). 3. A 45-foot wide strip along the south property line shall be dedicated, by written easement, to the City of Bozeman for Baxter Lane right-of-way. The written easement must be acceptable to the Director of Public Service, and shall be submitted with the Annexation Agreement. 04-07-97 ...-...., .----... __ ,."._.___u_ - 28 - 4. An annexation map with a legal description of the property must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18 inches by 24 inches), and on 8 Y2 -inch x 11-inch paper for filing with the Annexation Agreement with the County Clerk and Recorder. This map must be acceptable to the Director of Public Service, and shall be submitted with the signed Annexation Agreement. 5. The conditions of approval shall be met and a signed Annexation . Agreement submitted to the City-County Planning Office for processing and filing within one year of the date of City Commission approval of the annexation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Public hearina ~ Preliminarv olat to subdivide 148.44 acres on west side of North 19th Avenue near interchanae into three lots for commercial develoDment with variances from Section 16.12.040. BMC. to allow streets at reduced standards. and Section 16.26.040. BMC. to allow Lot 1 to use a orivate well rather than central water SUDDlv system - Gene Graf III (P-9710) This was the time and place set for the public hearing on the preliminary plat for a minor subdivision, as requested by Gene Graf III for Genevieve Graf and the Estate of Eugene Graf, . Jr., under Application No. P-9710, to subdivide 148.44 acres into three lots for commercial development. The subject property is described as Tracts C-1, C-2, 0-1 and 0-2, Certificate of Survey No. 1827, and is located along the west side of North 19th Avenue, between Valley Center Road and Baxter Lane. In conjunction with this preliminary plat, the applicant is also requesting variances from Section 16.12.040 of the Bozeman Municipal Code, to allow the streets to be constructed at less than a City standard, and from Section 16.26.040, to allow Lot 1 to be served by a private well rather than by a central water supply system. Mayor Stueck opened the public hearing. Associate Planner Dean Patterson presented the staff report. He stated that, under this application, 148.44 acres will be subdivided into Lot 1, containing 13.71 acres in the . northwest corner of the parcel; Lot 2, containing 3.58 acres located at the northeast corner of the parcel; and Lot 3, containing the remaining acreage. The two smaller lots being created at this time are to be used for commercial development. In conjunction with this minor subdivision, the applicant is requesting variances to allow reduced street widths, with no curb and gutter, and to allow the two lots to use private wells as their source of water rather than 04-07-97 ---..--.--.. ~ 29 - a central water distribution system. A zoning variance is also needed to allow the use of private wells, and is the subject of the next public hearing. The Associate Planner stated that much of this area, except for the Gardner/Simmental Plaza commercial development and the residential development along Thomas Drive, is in agricultural use. Under this application, two lots are to be created along the north end of the . parcel, with a street running along the southern boundary of those two lots to provide access. The applicant proposes to move the two streams which currently traverse the property so they are closer to the property lines, allowing for a better lay-out of the commercial development which is anticipated to occur over the next several years. Sewer mains are presently located along Valley Center Road and the old North 19th Avenue right~of-way and can easily be extended to the two smaller lots. The Associate Planner noted that Costco Wholesale has forwarded a proposal for development of the 13.7-acre lot. A traffic analysis has been submitted with this preliminary plat application and with the application for major site plan which Costco has made in conjunction with this preliminary plat. The analysis shows that some improvements will be . needed, including signalization of the intersection of North 19th Avenue and Valley Center Drive and turn lanes on both roadways. Associate Planner Patterson stressed that at the present time, City water service is not available to the subject parcel. The process of creating a special improvement district for extension of the Northwest Water Trunk line is currently underway, but the line will not actually be constructed until at least next summer. As a result, the applicant is seeking variances from both the subdivision regulations and the zone code to allow the drilling of wells to serve the two smaller lots until the new water main has been installed. The Associate Planner reminded the Commission that the process of annexation is currently underway for the property which is to be subdivided under this application, and the ordinance enacting the zone changes approved for the site was finally adopted this afternoon. . He noted that both of these processes must be fully completed before the final plat is completed. The Associate Planner stated that this application has been reviewed by many different City, County and State entities, and their findings and concerns have been noted in the written staff report, which was previously distributed to the Commission. 04-07-97 --------------- - --.- ..----- ... ...-. - 30 - Associate Planner Patterson stated that the City-County Planning Board conducted its public hearing on this application at its March 18 and April 1 meetings. Following those hearings, the Planning Board forwarded its recommendation for approval of the preliminary plat, subject to 42 conditions, and the two attendant subdivision variances. He stressed that, while the staff report indicates the variances for the private well pertain to Lot 1 only, they should . apply to both Lots 1 and 2. Mr. Gene Graf, applicant, thanked all of the City staff who have worked diligently on this application, particularly since it has been a complicated and confusing process. He then noted that everyone is familiar with the Gallatin Center Planned Unit Development concept, which is to create a green entryway into the community. He noted that berming has already been started along the edges, and trails along the stream corridors will help to add to the green space provided. He cautioned that, as the trail system leaves the northern boundary of the property, some steps may need to be taken to ensure the safety of pedestrians crossing North 19th Avenue to access the freeway sidewalk crossing, which is on the east side of the overpass. . Mr. Graf stated that private roads have been a part of the conceptual plan for this development from the beginning. He characterized these roads as a key component to the vision of this development serving as a cornerstone for a green entryway to the community. Mr. Graf indicated that the variances to allow development of the two smaller lots with private wells are being requested because, since the water mains cannot be extended to the property in a timely manner for those developments, he would be required to post a $2.4 million bond as security for uninstalled improvements, and he cannot afford that type of expenditure. He stressed his support for the extension of the water main, recognizing that his share of those costs will probably be between $500,000 and $700,000. Mr. Gene Graf stated that, even though Lot 1 is not located in the entryway overlay corridor, Costco has indicated its willingness to comply with those guidelines. He characterized . this as a good first step toward meeting the vision which he had established for the Gallatin Center. He also noted that the post office facility on the south end of the property will further enhance the area. Mr. Jack Frank, representing Costco, distributed copies of the conceptual plan for Costco and the Costeo Connection magazine to the Commissioners. He stated that Costeo's 04~07-97 - 31 - wholesale services are tailored specifically toward small business, noting they sell only 3,500 different items. Mr. Frank identified the unusual constraints which exist on the sUbject parcel, which include a stream running under what is proposed to be building pad. He stated they now have the Army Corps of Engineers 404 permit and the State of Montana 310 permit for the stream . relocation. Mr. Frank stated the proposed building is to be 124,000 square feet in size and the parking lot will contain 672 parking stalls. He noted that the stream relocation will help to buffer this development from development to the west. He indicated that, in conjunction with the stream relocation, they propose to create a more natural, meandering watercourse with wetland plantings along the edge. He stated that, to provide a more natural atmosphere, the trees along the interior roadways are to be planted in a random manner on undulating berms. In keeping with that theme, he indicated his intent to follow staff's suggestion that a curvilinear sidewalk be incorporated into the design. Mr. Frank stated that the Costco buildings are typically pre-engineered metal buildings. . Because of their desire to create a quality structure, however, they are proposing a building with a variety of textures, including block and dry-vit; and canopies over the windows will help to draw attention to them as well as break up the large expanse of the walls. Mr. Frank stated that, while they are in general agreement with the conditions as recommended, they do have some concern about Condition No. 26. He noted that under that condition, the final plat may not be filed and the building permit may not be issued until, at a minimum, the street design base section (gravel courses) has been completed and the remainder of the improvements financially guaranteed. He stated that, with the type of soils on this subject site, a better, more stable road could be built in the mid- to late~summer months. He forwarded their proposal that construction of the building be allowed, through the use of a temporary roadway, with the streets and paved parking lot being completed prior to . opening of the store. He assured the Commission that access to the site would be readily available to emergency vehicles to ensure the safety of those working on the site. He encouraged the Commission to favorably consider this request, along with the other requested variances and the preliminary plat. 04-07-97 -- -- - . - --. .... n____. - 32 - Associate Planner Dean Patterson reminded the Commission that Valley Center Road is a limited access roadway,so authorization must be obtained from the appropriate agency for any curb cuts not previously approved. He further cautioned that the condition pertaining to the streets, as written, represents minimum procedures allowed under the code requirements. . Assistant Planning Director Debbie Arkell stated that the code requires all infrastructure be in place or financially guaranteed before the final plat can be filed. She noted it states further that, under no circumstance, can the gravel base for the street be waived. Acting City Manager Brey concurred with the Assistant Planning Director's comments. He then cautioned that, since this issue has not been advertised as a variance, it may not be appropriately considered at this time. Commissioner Stiff noted that he grew up in that area. He concurred with the applicant's assessment that the ground is significantly different in August than it is in May. He then indicated his willingness to consider allowing construction of the roadway later in the summer if at all possible. Responding to Mr. Graf, Assistant Planning Director Arkell stated that a variance to the . subdivision regulations to allow for later construction of the roadway could probably be forwarded to the Commission for its consideration in May. Mr. Frank thanked the Commission for their discussion of this issue, characterizing the procedure and timeline outlined by the Assistant Planning Director as "very workable". At Commissioner Frost's requested, Associate Dean Patterson reviewed the three revisions to the conditions which he had proposed in his memo dated April 2. He noted that those revisions involve Condition Nos. 27, 28 and 29. Responding to Commissioner Frost, Assistant Planning Director Arkell stated that the streets within this subdivision are to be located in 60-foot-wide public rights-of-way, but they are to be built as private streets and privately maintained. She stated that if those streets are to become public streets and maintained by the City, they must be improved to City standards, . including curb and gutter. Further responding to Commissioner Frost, Mr. Graf stated that the private streets, which are to be narrower than City standard with no parking on either side, are an integral part of the design because they help to maintain the green atmosphere within this subdivision. He noted that, as long as he is involved in the project, he anticipates that the streets will remain 04-07-97 -. - 33 - privately owned and maintained. He further noted that he will be signing a waiver of right to protest the creation of a special improvement district to bring those streets up to City standards, if it is determined at a later date that having those streets be public streets is preferred. . No one was present to speak in opposition to the requested subdivision. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the preliminary plat for a minor subdivision, as requested by Gene Graf III for Genevieve Graf and the Estate of Eugene Graf, Jr., under Application No. P-9710, to subdivide 148.44 acres, described as Tracts C-1, C~2, 0-1 and 0-2, Certificate of Survey No. 1827, into three lots for commercial development and the attendant variances from Section 16.12.040 of the Bozeman Municipal Code, to allow the streets to be constructed at less than a City standard, and from Section 16.26.040, to allow Lots 1 and 2 to be served by a private well rather than by a central water supply system, subject to the following conditions: 1. The final plat shall not be approved until the subject property is annexed to the City. If the subdivision is to proceed without annexation, the . preliminary plat approval for this application shall be void. The proposal shall be modified to meet the new circumstances and resubmitted as a new application subject to a new review and separate conditions. 2. The final plat shall not be approved until the zone map amendment for the subject property takes effect. If the zone map amendment is not approved, approval for this subdivision application shall be void. 3. If the subdivision variance to allow the use of a private well rather than a central distribution system is approved, the variance shall apply only to Lots 1 and 2. 4. No applications for further development of Lot 3 will be accepted until a subdivision proposal for Lot 3 is platted and recorded and provision of City water is accomplished. A note to that effect shall be placed on the final plat in an easily visible location. 5. The final plat application shall include a Public Open Space/Linear Trail Corridor Easement along the general course of all streams on the property. The easement shall be of a width to accommodate any meandering stream channel and a 6-foot-wide public trail, with a minimum width of 70 feet. . Design and location of the corridor may be modified with review and written approval by the Bozeman Recreation and Parks Advisory Board. 6. A 35-foot watercourse setback on either side of the channel edge shall be maintained, as required in the Bozeman Municipal Code. If the streams are to be realigned to the edges of the property, the watercourse setback shall be maintained entirely on the subject property to the point where the stream currently leaves the property. If the setback is anticipated to be moved onto an adjacent property, the subdivider shall obtain authorization 04-07-97 - 34 - from that property owner in the form of a notarized acknowledgement or affidavit, which is provided to the Planning Office. 7. The applicant shall provide documentation that all proposed off-site City utility service main extensions are accompanied by the appropriate easements across adjacent properties. 8. The final plat shall show a 30-foot reciprocal shared access easement centered on the property line between Lots 1 and 2. . 9. The street name of the proposed street shall be submitted to the City for final approval. The approved street name shall be included on the final plat and distinctly associated with the dedicated right-of~way. 10. The final plat shall include provisions to facilitate existing drainage patterns on Lot 3 to cross the proposed street and Lots 1 and 2. 11 . The final plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all appropriate documents and all required, appropriately-worded City certificates, 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. 12. Department of Environmental Quality approval shall be obtained for the release of sanitary restrictions for the subdivision prior to final plat approval, with a copy of the release submitted with the final plat application. . 13. A Property Owners' Association, or other form of agreement acceptable to the Planning Office, shall be formed to deal with common property issues as listed below. A copy of legal documentation shall be reviewed and approved by the Planning Office and City Attorney, and shall be recorded with the final plat. The above Association or other form of agreement shall address: the consistent appearance of streetscape elements; responsibility for care and maintenance (including snow removal) of open spaces, street and pedestrian facilities; control of noxious weeds; maintenance of fences bordering agricultural lands; and a section noting the following: Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors, smoke, flies and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening. That no part of the legal documentation, establishing the . above Association or other form of agreement, may be amended or revoked without the mutual consent of the owners, in accordance with the amendment procedures noted in the legal documentation, and the governing body of the City of Bozeman. 14. The Covenants and a list of conditions of preliminary plat approval shall be submitted to the City Attorney's Office at least 30 days prior to scheduling a hearing for final plat approval. The Attorney's Office shall review and approve the covenants prior to final plat approval. 04-07-97 - 35 - 15. All utilities shall be installed underground. Utility easements, a minimum of 20-feet wide, shall be provided along side and rear lot lines. They shall be centered on the lot lines wherever possible, and shall be shown on the final plat. 16. If street trees are located along the property line outside the public right- of-way, the twenty (20) foot wide utility easements located along the subdivision interior street(s), North 19th Avenue, Valley Center Drive and Baxter Lane may be set back from the property line to accommodate . landscaping and the installation of boulevard trees. The altered utility easement shall be noted accordingly on the final plat. 17. Prior to any future subdivision of Lot 3, the applicant shall establish a pedestrian and bicycle trail system that at a minimum implements the trailway system established in the North 19th Avenue/Oak Street Corridor Master Plan and the 1990 Bozeman Area Master Plan Update. 18. The developer shall have three years from the date of preliminary approval to complete the above conditions and apply for final plat approval. Prior to final plat approval, the subdivider shall install the required improvements, or with permission from the Bozeman City Commission, enter into a written subdivision improvements agreement with the Bozeman City Commission guaranteeing the construction and installation of all required improvements in conformance with all policies, standards, and resolutions adopted by the City of Bozeman, or receive a variance from the applicable regulation. The improvements agreement shall stipulate, among other things, which type of security arrangements the subdivider elects to use and the time schedule the subdivider proposes for accomplishing the required improvements and shall include the subdivider's warranty against defects in these improvements for a period . of one year from the date of their written acceptance by the City of Bozeman. 19. Prior to any future subdivision of Lot 3, the applicant shall establish developmental guidelines for Lot 3 containing architectural and landscape guidelines that establish a high-quality, aesthetically pleasing development and unified plan that is consistent with the goals and objectives of the North 19th Avenue/Oak Street Corridor Master Plan. 20. The final subdivision plat shall contain a twenty (20) foot wide "Public Open Space/Linear Trail Corridor Easement" along the north boundary of Lot 1 and Lot 2 that will link the public trailway system between East and West Catron Creek, for review and approval by the Planning Office prior to final plat approval. Design and location of the corridor may be modified with review and written approval by the Bozeman Recreation and Parks Advisory Board. 21. Unless the requested variance for curb and gutter is approved, the improvement of the public street in the minor subdivision shall include integral curb and gutter along its entirety. Plans shall be approved by the Engineering Department prior to issuance of a building permit. Any . transitions in width of said public street shall be designed in accordance with AASHTO standards. 22. The certificate of dedication on the plat shall grant and donate the street to the City of Bozeman for the public use and enjoyment. However, the certificate shall also state that the City accepts no responsibility for maintaining said street improvements. 23. Water rights, or cash in lieu thereof, sufficient to provide City water to Lots 1 and 2 shall be provided prior to filing of the final plat. 04-07-97 . .--..-.-- -... - 36 - 24. Plans and specifications and a detailed design report for the public sewer main extensions prepared by a Montana registered Professional Engineer (PE) shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of Mylar Record Drawings. Construction shall not be initiated on the public infrastructure . improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. The final plat may not be filed until the public portion of the sewer main improvements have been completed and accepted by the city, or the preliminary plans have been approved by the City Engineer and the improvements financially guaranteed pursuant to City Code. No building permits shall be issued prior to substantial completion and City acceptance of the required public sewer main improvements. 25. Plans and specifications and a detailed design report for public water main extensions prepared by a Montana registered Professional Engineer (PE) shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for Construction Inspection, Post- Construction Certification, and preparation of Mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. . The final plat may not be filed and building permits may not be issued until the public water main improvements have been completed and accepted by the City, or the preliminary design for said improvements, including a pre-design report and concept plan with preliminary cost estimate for full connection to city water, have been approved by the City Engineer and the improvements have been financially guaranteed pursuant to City Code, or a variance from the applicable regulation is obtained from the Governing Body. The public water main shall be extended to the western property line for future extension and looping with the adjoining properties. 26. Plans and specifications for the private streets prepared by a Montana registered Professional Engineer (PE) shall be provided to and approved by the City Engineer. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. . The final plat shall not be filed and a building permit may not be issued until the private street improvements have been completed and accepted by the city, or the preliminary plans for said improvements have been approved by the City Engineer, the improvements have been financially guaranteed pursuant to City Code and the approved street design base section (gravel courses) has been completed. 27. Sidewalks shall be constructed along the street frontages of all lots fronting on the proposed Catron Street at the time of initial construction. 04-07-97 - 37 - Any deviation from the standard location shall be approved by the City Engineer. Sidewalks shall be constructed by lot owners within three years, regardless of whether other improvements have been made to the lots. 28. If curb and gutter is required, the street width shall be 42 feet back-of- curb to back-of-curb, except that west of the easternmost Costco drive access, the street width shall be 30 feet back-of-curb to back-of-curb. If . curb and gutter are not required, the street pavement width shall be 44 feet, except that west of the easternmost Coscto drive access, pavement width shall be 32 feet. 29. 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. Signalization of Oak Street and N. 19th Avenue, b. Signalization of Baxter and N. 19th Avenue, c. Signalization of Valley Center Road and N. 19th Avenue, d. Signalization of the proposed Catron Street and Valley Center Road, e. Street improvements to Baxter Road including paving, curb/gutter, sidewalk, and storm drainage, f. Street improvements to North 19th Avenue and Valley . Center Road including paving, curb/gutter, sidewalk, and storm drainage, g. City water system improvements, including major trunk lines and internal looping for future city water (Domestic and Fire protection) improvements, and h. Street improvements to interior subdivision streets to meet City standards in the event that the City has to take over maintenance of the streets at some time in the future. 30. A 45-foot right-of-way easement (one half the 90-foot arterial width) shall be granted for Baxter Lane. 31. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the orivate and oublic streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The . plan shall include sufficient site grading and elevations information (particularly for the basin site, drainage ways, and lot finish grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. 04-07-97 - 38 - While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. 32. Ditch information: . a. An approved 310 and 404 permit shall be obtained from the appropriate agency regarding the proposed ditch/stream relocation and documents of such approval is provided to the Engineering Department prior to initiation of construction, and to the Planning Office prior to Plat approval. b. Pursuant to Section 16.12.050 of the subdivision regulations, a 1 O~foot maintenance easement shall be provided on either side of the water course and shown on the final plat. However, it is strongly recommended that this area be established as common open space to preclude future encroachment and maintenance problems which typically occur with ditch easements on private property. c. A hydraulic profile shall be shown on the final plans to determine the 100 year high water elevations along the channel. A 35~foot minimum building set back from either side of the water course high water mark shall be delineated on the final plat. The set back must account for any channel meandering. . 33. Prior to any future development of this property, the Developer's engineer shall be required to prepare a comprehensive design report evaluating existing capacity of water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post- development demands. The report findings must demonstrate adequate capacity to serve the full development of the site. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. The Developer shall be responsible to complete the necessary system improvements to serve the full development. 34. The location of and distinction between existing and proposed, private and public sewer and water mains and easements shall be clearly depicted, as well as nearby fire hydrants and proposed fire hydrants. 35. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement. Utility easements shall not be parallel to and within any Public Open . Space/Linear Trail Corridor Easement. 36. Sewer and water services shall be clearlv identified on the drawings and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 37. The proposed Catron Street shall be a private street in a 60-foot dedicated right-of-way. 04-07~97 ----- .------ - 39 - 38. Any private drive approaches installed with the subdivision improvements shall be constructed in accordance with the City's standard approach, i.e., concrete apron, sidewalk section and drop-curb. 39. An occupancy permit must be obtained from the County or appropriate governing body for locations of water and sewer mains within the public right-of-way. 40. It should be noted that this site is down gradient of the Bozeman Solvent . Site, therefore: a. Montana Department of Environmental Quality approval of any dewatering and discharge of groundwater (i.e., during trenching activities for installation of improvements) must be obtained. b. Montana Department of Environmental Quality approval of any domestic water supply well installation must be obtained. 41. If construction activities related to the project result in the disturbance of more that 5 acres of natural ground, an erosion/sediment control plan may be required. The DEO, Permitting and Compliance Division shall be contacted by the Applicant to determine if a Storm Water Discharge Permit is necessary. If required by the DEQ, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or less if the point of discharge is less than 100 feet from State Waters. The applicant shall document that the DEa, Permitting and Compliance Division has been contacted and demonstrate that the project is in compliance with the Division's storm water control program requirements prior to initiation of . construction. 42. The applicant shall apply to the County Road Office for an encroachment permit onto Valley Center Road. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Public hearing - Variance from Section 18.50.030.D., Bozeman Municipal Code. to allow a 13.7-acre site and a 3.58-acre site to be served bv a crivate well rather than a central water supplv system - Gene Graf III (C-9705) This was the time and place set for the public hearing on a variance from Section 18.50.030.D. of the Bozeman Municipal Code, as requested by Gene Graf for Genevieve Graf . and the Estate of Eugene Graf, Jr., under Application No. C-9705, to allow a 13.7-acre site. known as Lot 1, and a 3.58-acre site, known as Lot 2, to be served by private wells rather than a central water supply. The subject lots are located at on the north end of the Gallatin Center development, along the south side of Valley Center Road and west of North 19th Avenue. Mayor Stueck opened the public hearing. 04-07-97 -----. .-. - 40 ~ Associate Planner Dean Patterson presented the staff report. He stated that this application has been reviewed in light of the three criteria established by the Montana Supreme Court and listed in the zone code; and the staff's comprehensive findings are contained in the written staff report. He briefly reviewed those findings, indicating that, since the request to use private wells can be viewed as a temporary situation because of the future extension of . the Northwest Water Trunk line, staff does not believe this application is contrary to the public interest. Staff recognizes that the special improvement district process is a lengthy one. Also, the applicant has signed a waiver of right to protest the creation of the SID for the extension of that water main. He then concluded by forwarding staff's recommendation for approval of this variance. No one was present to speak in opposition to the requested variance. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the variance from Section 18.50.030.0. of the Bozeman Municipal Code, as requested by Gene Graf for Genevieve Graf and the Estate of Eugene Graf, Jr., under . Application No. C-9705, to allow a 13.7-acre site, known as Lot 1, and a 3.58-acre site, known as Lot 2, to be served by private wells rather than a central water supply. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Public hearina - Commission Resolution No. 3163 - intent to annex 2.696 acres known as COS No. 947. in the SEv... Section 11. T2S. R5E. MPM (3300 block of West Babcock Street) (Bozeman Interfaith Housina II for Elva l. Arnold) (A-9702) This was the time and place set for the public hearing on Commission Resolution No. 3163, entitled: COMMISSION RESOLUTION NO. 3163 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Stueck opened the public hearing. 04-07-97 -...------ ~ 41 - Assistant Planner Chris Saunders presented the staff report. He stated that the subject 2.696-acre parcel is located along the south side of West Babcock Street, approximately 300 feet east of its intersection with Fowler Avenue. It is a portion of the property upon which the Bozeman Interfaith Housing II project is proposed, and it currently contains two dwelling units. The Assistant Planner stated that staff has reviewed this application in light of the four . goals and eleven policies set forth in Commission Resolution No. 3137, and those comprehensive findings are contained in the written staff report, a copy of which was previously distributed to the Commission. He gave a brief overview of those findings, concluding that the application is generally in compliance with the goals and policies. Mr. Mike Popiel, applicant's representative, indicated a willingness to respond to questions. No one was present to speak in opposition to the requested annexation. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the request for annexation of 2.696 acres known as Certificate of Survey . No. 947, located in the Southeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, as requested by Bozeman Interfaith Housing II for Elva L. Arnold under Application No. A-9702, and authorize and direct staff to bring back a resolution of annexation upon execution of the Annexation Agreement and satisfaction of the following conditions: 1. An annexation map shall be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar (either 24- inch x 36-inch or 18-inch x 24-inch format) for City records and on either letter or legal size paper for filing with the Annexation Agreement with the County Clerk and Recorder. 2. Fire and Street Impact Fees for the existing dwelling units on the subject property shall be paid concurrently with the annexation of the property. At the time the existing structures apply for connection to the City's Water and Sewer facilities those impact fees shall also become due. . 3. Water rights, or cash-in-lieu thereof, in an amount sufficient to supply the site with City water (as calculated by the Director of Public Service) shall be provided by the applicant with the submission of the Annexation Agreement to the City of Bozeman. 4. The owner shall grant to the City of Bozeman, by easement, one~half of the 90-foot~wide right-of-way needed for the improvement of West Babcock Street, that is, the 45 feet which are on the applicant's property, unless otherwise provided. 04-07-97 - 42 - 5. The owner shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the construction of the following improvements: a. Street Improvements to West Babcock Street, including signalization, paving, curb and gutter, sidewalks, and storm drainage facilities. . The Waiver shall specify that in the event SIDs are not utilized for the completion of these projects, the property owner shall agree to participate in an alternative financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or combination thereof. A copy of the filed document shall be submitted with the Annexation Agreement. 6. Prior to any development of the proposed annexation, provision for the required sanitary sewer and water services shall be provided. The Annexation Agreement shall be signed and submitted to the City of Bozeman, with all the conditions of approval having been met, within one year of City Commission approval of the application. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. . Public hearing - Zone Map Amendment - establish initial zoning of "R-3" on cas No. 947, located in the SW~, Section 11, T2S, R5E, MPM - Bozeman Interfaith Housing" for Elva L. Arnold (2.696 acres located along south side of 3300 block of West Babcock Street) This was the time and place set for the pUblic hearing on a Zone Map Amendment, as requested by Bozeman Interfaith Housing II for Elva L. Arnold and First Baptist Church, under Application No. Z-9712, to establish an initial zoning of "R-3", Residential--Medium-density, on Certificate of Survey No. 947, located in the Southwest Quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject parcel contains 2.696 acres and is located along the south side of the 3300 block of West Babcock Street. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission reconsider its decision on the Zone Map Amendment, as requested by Bozeman . I nterfaith Housing II for Elva L. Arnold and First Baptist Church, under Application No. Z .9712, to establish an initial zoning of "R-3", Residential--Medium-density, on Certificate of Survey No. 947, located in the Southwest Quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those 04-07-97 --- - - 43 - voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Mayor Stueck opened the public hearing. Assistant Planner Chris Saunders presented the staff report. He reminded the Commission that a public hearing on this application was conducted at the March 17, at which . time he gave an overview of his written staff report, a copy of which had been previously forwarded to the Commission. He further reminded the Commission that the Planning Board conducted its public hearing on this application during its March 4 meeting, taking into consideration the twelve criteria for evaluating zone map amendments. Following that public hearing, the Board concluded that the requested zone map amendment is compatible with surrounding development and forwarded a recommendation for approval. The Assistant Planner stated that, since a public hearing on the zone map amendment was noticed in conjunction with the annexation, it is necessary to conduct this second public hearing. Mr. Bruce Foley, Morrison-Maierle, indicated a willingness to respond to questions. . No one was present to speak in opposition to the requested zone map amendment. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Zone Map Amendment, as requested by Bozeman Interfaith Housing II for Elva L. Arnold and First Baptist Church, under Application No. Z~9712, to establish an initial zoning of "R-3", ResidentialnMedium-density, on Certificate of Survey No. 947, located in the Southwest Quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. . Adiournment - 9:00 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 04-07-97 ----.----.- - 44 - Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. UO)? [ ))~~d DON E. STUECK, Mayor ATTEST: . ~ /-b~ ROBIN L. SULLIVAN Clerk of the Commission . . 04~O7-97