HomeMy WebLinkAbout1995-04-03 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 3, 1995
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, April 3, 1995, at 3:00 p.m. Present were Mayor Vincent,
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, City Manager Wysocki,
City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Frost was absent.
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 20 and March 27. 1995
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
minutes of the meetings of March 20 and March 27, 1995, be approved as submitted. The
. motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No,
none.
Authorize absence of Commissioner Frost from this meeting and from the sDecial meetina to
be held on ADril 4. 1995. in comDliance with Section 7-3-4322(2), M.C.A.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
absence of Commissioner Frost from this meeting and tomorrow's special meeting be
authorized in compliance with Section 7-3-4322(2), M.C.A. The motion carried
by the
following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck,
Commissioner Youngman and Mayor Vincent; those voting No, none.
.
Preliminary Dlat review - Willowbrook Subdivision - Ken LeClair - subdivide 19.09 acres into 85
lots for residential condominium construction - COS No. 1917. located in NW%. NE%. Section
11. T2S. R5E. MPM (2400 Durston Road) (P-9510)
This was the time and place set for review of the preliminary plat for Willowbrook
Subdivision, as requested by Ken LeClair, under Application No. P-9510, to allow subdivision
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of 19.09 acres known as COS No, 1917, located in the northwest one-quarter of the northeast
one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, into
85 residential condominium lots. The subject parcel is more commonly known as 2400
Durston Road,
. Assistant Planner Lanette Windemaker presented the staff report. She stated
the
subject 19,09-acre parcel is bounded by Durston Road on the north, the future extension of
West Beall Street on the south, and the future extension of North 25th Avenue on the west.
She noted that the condominium subdivision is to be served by an interior driveway system,
with its main access onto Durston Road and a secondary access onto West Beall Street. She
noted that a stream/ditch runs through the subject property; and the appropriate setbacks from
the watercourse have been provided.
The Assistant Planner reminded the Commission that this condominium project was
the subject of a major site plan and is now going through the subdivision process as the result
of a recent decision rendered by the City Attorney pertaining to another application which was
going through the zoning process at approximately the same time as this project, She noted
. that the recommended conditions for approval of this preliminary plat are very similar to those
conditions which were adopted in conjunction with approval of the major site plan.
Assistant Planner Windemaker stated that at its March 21 meeting, the City-County
Planning considered the preliminary plat in light of the five criteria set forth in Montana Code
Annotated. Following that review and a public hearing, the Planning Board forwarded its
recommendation for approval, subject to 26 conditions,
Commissioner Stueck noted that during last week's agenda meeting, Commissioner
Frost raised a question about the design of the handicapped curb cut at the corner of North
25th Avenue and Durston Road, He asked if that issue has been resolved.
Assistant Planner Windemaker responded that the design of the curb cut must meet
engineering requirements and be approved by the City Engineer prior to construction, She
. indicated that this requirement should adequately address Commissioner Frost's concern.
Mr. Ken LeClair, applicant, indicated a willingness to respond to questions,
It was moved by Commissioner Stueck, seconded by Commissioner Youngman, that
the Commission approve the preliminary plat for Willowbrook Subdivision, as requested by Ken
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LeClair, under Application No. P-9510, to allow subdivision of 19.09 acres known as cas No.
1917 into 85 residential condominium lots, subject to the following conditions:
1. The single development identification sign must comply with the
zoning ordinance, in that a) it must be designed as a "low profile"
sign; b) cannot be higher than five feet; and, c) cannot exceed 12
. square feet in sign area. A detail of the sign must be included on
the final plat;
2. The landscaping plan must be prepared and certified by either a
registered Montana Landscape Architect; an individual with a
degree in landscape design and two years of professional design
experience; or a individual with a degree in a related field and at
least five years of professional deign experience. The landscape
plan must include tabulation of landscaping requirements and
enhancements. The landscaping
plan may be approved with
phases;
3. Development phases shall be clearly delineated on the final plat
and a phasing schedule provided for the review and approval of
the Planning Office;
4. The developer shall design and construct a City-standard street
from the existing improved end of West Beall Street to connect
with the existing North 25th Avenue presently traveled way
(south of the future West Beall Street intersection, which
currently serves Simkins and Egbert Subdivisions) through an SID,
and/or RID, and/or by mutual agreement between the developer
. and the City of Bozeman, and/or by other means determined by
the City of Bozeman. The design of the street shall occur with
Phase 3 (prior to permits for Phase 4). The construction of the
street shall occur with Phase 4 (prior to permits for Phase 5). The
developer shall be ultimately responsible for the costs of one-half
of a City standard street consisting of 16.5 feet of pavement, plus
curb, gutter, storm drainage appurtenances and sidewalk adjacent
to this property from the existing improved end of West Beall
Street to the centerline of North 25th Avenue. The cost of design
and construction shall be included in the SID and/or RID, if these
options are selected;
5. Sidewalks on Durston Road must be installed along all of Fellows
property between 25th Avenue and 23rd in conjunction with
Phase 1. Sidewalks along West Beall Street and 25th Street must
be installed in conjunction with construction of those streets;
6. Prior to construction of Phase 3, or 500 ft. of driveway access
length from Durston Road, a graveled secondary emergency
access to the existing West Beall Street must be provided. This
access shall be barricaded at both ends in a manner acceptable to
. the Fire Department, until the permanent paved access to West
Beall Street is completed;
7. Driveway access must be improved (paved) from Durston Road to
West Beall Street prior to construction of dwelling units in Phases
7, 8, 9 and/or 10, or prior to construction of the 51 st dwelling
unit. Driveway access for each phase must be improved (paved)
prior to occupancy;
8. A 310 permit and/or any other applicable permits must be
obtained prior to any impact on the stream/ditch;
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9. The developer shall submit a legal instrument providing for the
perpetual maintenance of the landscaping, common open space,
parking lots and driving lanes, and the stream/ditch and irrigation
canal. The instrument shall
include a guarantee and cost
assessment process;
10. Developer shall file with the Gallatin County Clerk and Recorder's
. Office, prior to final plat approval, an executed Waiver of Right to
Protest the Creation of SID's for a park maintenance district. A
copy of the final documents must be submitted to the Planning
Office prior to the final plat approval;
11. Final plat must include the required number of parking spaces;
183 regular plus 6 accessible spaces.
The 19 exterior spaces
should be distributed throughout the site and screened from
residential adjacency;
12. Developer must make the following paybacks prior to construction
of the infrastructure:
1. Main mall sewer at $ .01/square foot of property to be paid to
the City of Bozeman, for subsequent dispersal to the previous
developer;
2. HRDC 10-inch water main payback
at an estimated $ .021/
square foot (final cost to be determined upon final completion of
the water main installation);
3. HRDC 8-inch water main - one (1) fire hydrant payback at an
. estimated $0.05/square foot (1/3 of original estimated $0.15/
square foot) on 2.47 acres. Final cost to be determined upon final
completion of the water main and fire hydrants installation;
13. A Stormwater Drainage/Treatment Grading Plan 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 prior to final plat approval. The plan must demonstrate
adequate site drainage (including sufficient spot elevations),
stormwater detention/retention basin details (including basin sizing
and discharge calculations, and discharge structure details),
stormwater discharge destination, and a stormwater maintenance
plan;
14. Developer shall restrict parking on one side of each interior
driveway, and shall delineate a pedestrian walkway in that
location, with the location and final design subject to approval of
the Planning Director;
15. The dead end driveway shown in Phase 10 shall directly access
onto North 25th Avenue, unless at Phase 8 the City determines
. that a 28 foot wide driveway connection between the dead end
driveways of Phases 8 and 10 or an emergency only access to
North 25th Avenue is more appropriate;
16. The developer shall design and construct a City-standard street
(North 25th Avenue) from Durston Road to West Beall Street
through an SID, and/or RID, and/or by mutual agreement between
the developer and the City of Bozeman, and/or by other means
determined by the City of Bozeman. The design of the street shall
occur with Phase 3 (prior to permits for Phase 4), unless the City
determines that a later
phase is more
appropriate. The
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construction of the street shall occur with Phase 4 (prior to
permits for Phase 5), unless the City determines that a later phase
is more appropriate. The developer shall ultimately be responsible
for the costs of one-half of a City standard street consisting of
1 6.5 feet of pavement,
plus curb, gutter, storm drainage
appurtenances and sidewalk adjacent to this property from the
centerline of Durston Road to the centerline of West Beall Street.
. The cost of design and construction shall be included in the SID
and/or RID, if these options are selected;
17. The applicant shall enter into 'an Improvements Agreement with
the City to
guarantee the installation of
required on-site
improvements' at the time of final plat submittal.
Detailed cost
estimated, construction plans and methods of security shall be
made a part of that Agreement;
18. A bUilding permit must be obtained prior to construction of
structures, and must be obtained within one year of final plat
approval. Building permits will not be issued until the final plat is
approved. Minor site
surface preparation will be allowed upon
conditional approval by the City Commission but prior to final plat
approval and issuance of a building permit.
This shall include
excavation for foundations and the preparation of forms; however,
no concrete shall be poured and no further construction shall
commence until final plat approval;
19. If occupancy of the structure is to occur prior to the installation
of all on-site improvements in that phase, - the Improvements
Agreement must be secured by a method of security equal to one
. and on-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 12 months;
however, all
on-site improvements in that
phase shall be
completed by the applicant within nine months of occupancy to
avoid default on the method of security;
20. Within 60 days of final completion of all site work, the applicant's
licensed architect or engineer overseeing the project shall certify
to the City-County Planning Department that all improvements
have been completed in accordance with the approved final plat;
21. In addition to the above stated conditions, any applicable City
Engineer conditions as outlined in the memo of May 25, 1994;
22. That the final plat shall conform to the Uniform Standards for Final
Subdivision Plats, contain all appropriate certificates, and be
accompanied by all appropriate documents;
23. Preliminary plat approval does not exempt the developer from
impact fees established at a later date which are based on final
. plat approval or building permit approval.
Final plat approval(s)
shall be subject to any impact fees which are implemented prior
to said final plat approval. Development of individual lots shall be
subject to
any impact fees
applicable to building permit
applications implemented prior to building permit approval;
24. Plans and specifications for any water, sewer and/or storm sewer
main extensions, and public or private streets (including curb,
gutter, and sidewalks) prepared by a Professional Engineer (PE)
licensed in the State of Montana shall be provided to and
approved by the City Engineer.
Approval from the Subdivision
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Program of the Montana Department of Health and Environmental
Sciences Water Quality Bureau must occur prior to final plat
approval for water and sewer plans,
pursuant to Section
16.16.101 through 16.16.805, ARM.
The applicant shall also
provide Professional
Engineering services for
construction
inspection, post-construction certification, and preparation of
mylar record drawings. Specific comments regarding the existing
. and proposed infrastructure shall be provided at that time.
Construction shall not be initiated on the public infrastructure
improvements until the plans and specifications have been
approved and a preconstruction conference has been conducted;
25. All infrastructure improvements for each phase including 1 ) water
and sewer main extensions, and 2) public and private streets
including curb/gutter, sidewalks, and storm drainage infrastructure
improvements shall be financially guaranteed or constructed prior
to submission of final plat for each phase.
No building permits
will be issued prior to completion and acceptance of the water
and sewer improvements;
26. If it is the developer's intent to submit the final plat for a phase
prior to the completion of all required infrastructure improvements
for that phase, an Improvements Agreement shall be entered into
with the City of Bozeman guaranteeing the completion of all
infrastructure improvements for that phase in accordance with the
Preliminary Plat submittal information and conditions of approval.
If the final plat is submitted prior to the installation of all
improvements in that phase, the developer shall supply the City
of Bozeman with an acceptable method of security equal to 150%
. of the cost of the remaining improvements in that phase.
Said
method of security shall be valid for a period of not less than 18
months; however all infrastructure improvements in that phase
shall be completed by the applicant within
1 2 months of
submission to avoid default on the method of security; and
27. The developer shall have three years from the date of preliminary
plat approval to complete the infrastructure improvements, subject
to the provisions of Condition 19.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stueck, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No,
none.
Preliminary plat review - JoseDh Sabol for R.R. Nelson - subdivide 28.0 acres into 62
townhouse lots. 1 multi-familv lot. 1 commercial office lot. 6 commercial lots and 1 aDen space
lot - SE%. Section 10. T2S. R5E. MPM (northwest corner of intersection of Fowler Avenue and
US Hiahway 191) (P-9504)
. This was the time and place set for review of the preliminary plat requested by Joseph
Sabol for R.R. Nelson, under Application No. P-9504, to allow subdivision of 28.0 acres located
in the southeast one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal
Meridian, into 62 townhouse/duplex lots, 1 multi-family lot, 1 commercial office lot, 6
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commercial lots, and 1 open space lot. The subject parcel is more commonly located at the
northwest corner of the intersection of Fowler Avenue and US Highway 191.
Associate Planner/Urban Designer Dale Beland presented the staff report. He stated
that this subject parcel lies west of the future extension of Fowler Avenue, north of US
. Highway 191, east of the new USDA building and south of the Valley Creek Subdivision.
The Associate Planner stated that staff has reviewed this application in light of the
five criteria set forth in the Montana Subdivision and Platting Act; and the staff findings are
contained in the written staff report. He noted that the Planning Board considered these criteria
during its public hearing on this application, held during its March 21 meeting. Following that
review and pUblic hearing, the Planning Board concurred in the staff's recommendation for
approval, subject to 25 conditions.
Commissioner Youngman asked about street lighting for this project. She noted that
it has been portrayed as an extension of the Valley Commons Business Park and suggested that
the lighting for both projects should be the same, serving as one of the continuous themes.
She stated that under the recommended conditions, it does not appear that would happen. She
. expressed concern, however, that the type of street light to be installed along Fallon Street
adjacent to the Valley Commons Business Park will not be known until after the next agenda
item is completed.
Associate Planner Beland noted that under Condition No.9, as recommended, the
design, location and construction of street lights within the public right-of-way is to be
approved by the City Engineer. He noted that if the street lights are not to be located within
the public right~of-way, the street lights could become an issue during the public hearing on the
planned unit development this evening.
Mr. Joe Sabol, attorney representing the applicant, stated he has no problem with the
conditions as recommended.
. Mayor Vincent forwarded his on-going concern that traffic may access the new
development via neighborhood streets. He noted that in this particularly instance, the
extension of Fowler Avenue to US Highway 191 may mitigate some of those impacts;
however, he asked that everyone involved be sensitive to any increased traffic on surrounding
neighborhood streets.
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Commissioner Youngman suggested that, in reality, the extension of Fowler Avenue
to US Highway 191 may relieve some of the traffic on neighborhood streets. She also noted
that it will enhance the overall transportation network in that immediate area, since Fowler
Avenue is designated as a minor arterial.
. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission approve the preliminary plat requested by Joseph Sabol for R.R. Nelson, under
Application No. P-9504, to allow subdivision of 28.0 acres located in the southeast one-quarter
of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, into 62
townhouse/duplex lots, 1 multi-family lot, 1 commercial office lot, 6 commercial lots, and 1
open space lot, subject to the following conditions:
1. Final subdivision plat shall conform to the standards for final
subdivision plats and contain all appropriate certificates, page
titles, and be accompanied by all appropriate documents, including
a Platting Certificate.
The final plat must be approved within
three years from the date of preliminary approval by the Bozeman
City Commission. Prior to the expiration date, the subdivider may
submit a letter of request to the Planning Director for a one-year
extension. Thereafter,
the City Commission may approve an
extension for not more than one additional calendar year;
. The final subdivision plat may not be file until the final site plan is
approved.
If it is the developer's intent to file the final plat prior to the
completion of all required subdivision improvements; which
includes (but is not limited to) interior streets, curb, gutter,
sidewalks, water and sewer; and Fowler Avenue paving, curb,
gutter and sidewalk improvements; a Subdivision Improvements
Agreement shall be entered into with the City of Bozeman,
guaranteeing the completion of all improvements in accordance
with the preliminary plat submittal information and conditions of
approval. Said improvements will include the US 191 Pedestrian
Path and landscaping within one year of final subdivision plat
recordation; and the walks, berms and landscape improvements
to the Tract "A If Open Space/Park and linear park easements,
within three years of final subdivision plat recordation. Detailed
cost estimates and construction plans shall be made a part of that
Agreement;
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;
2. Approval of the final subdivision plat by the Subdivision Program
of the Montana Department of Health and Environmental Sciences
Water Quality Bureau must occur prior to final subdivision plat
approval, pursuant to Section 16.16.101 through 16.16.805,
ARM. The appropriate review fees
for that review must be
submitted directly to that office at the same time plans and
specifications are submitted;
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3. Plans and specifications for
all water and sanitary sewer
extensions shall be prepared by a Montana licensed Professional
Engineer (PE) and shall ,be submitted to, and approved by, both
the City of Bozeman, and the State Department of Health and
Environmental Sciences. The
applicant shall also provide PE
services for
construction inspection, post -co nstruct io n
certification, and preparation of mylar record drawings;
. Specific comments regarding the proposed water and sewer
extensions will be provided during City of Bozeman review.
Construction on public infrastructure shall not be initiated until
plans and specifications have been approved and pre-construction
conference has been held;
Any proposed phasing of water and sewer improvements must be
shown on the final plat, and will require the approval of the City
of Bozeman Engineering and Water/Sewer Departments;
No building permits for any phase of development will be issued
prior to completion and acceptance of the water and sewer
improvements;
4. All water and sewer lines and sizes, both existing and proposed,
shall be shown accurately on the final site plan.
All water and
sewer mains, service lines and easements, both existing and
proposed, shall be shown on the final landscape plan;
The plans for each proposed building shall be submitted to the
City of Bozeman Water/Sewer Department for review and
. approval of water service line location and met~r/fire line riser
locations inside of building prior to issuance of 'a building permit;
5. Fowler Avenue shall be improved to a full City standard minor
arterial; including curb, gutter and sidewalk on the west side of
the street; from US 191 to the existing stub.
If a meandering
sidewalk is proposed along Fowler Avenue, a pedestrian easement
must be provided on the final subdivision plat for all portions of
the sidewalk which meander out of the right-of-way;
6. Laramie Drive, Fallon Street, and Laredo Drive shall all have stop
signs installed at their respective intersections with
Fowler
Avenue as approved by the Street/Sanitation Department;
7. All turn arrows, lane markings and/or crosswalks on Fowl~r
Avenue at the intersection with US 191 shall be constructed with
3M pavement marking material or equivalent. Thermoplastic may
also be used;
8. All crosswalks shown on the final subdivision plat shall be
installed at the time of street construction.
Crosswalk marking
. material shall be 3M plastic or equivalent;
9. The design, location and construction of any street lights within
the public right-of-way shall be approved by the City Engineer
prior to installation. Maintenance responsibility for said lights shall
be indicated on the final subdivision plat since the City Street
Department will 'not be responsible;
10. A 35-foot watercourse setback
line for each side of the
stream/ditch shall be shown on the final subdivision plat.
The
stream banks shall be landscaped and planted with native plants
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and vegetation. A landscape
plan which provides for adequate
landscape maintenance shall be prepared and submitted to the
Superintendent of Parks for approval prior to final plat recordation;
In addition, the 1 OO-year floodplain level shall also be indicated on
the final plat, with a note requiring that all finish floor elevations
be established above this level;
. 11. A digital copy of the final subdivision plat on a double-sided, high-
density 3 % inch floppy computer diskette, must be submitted to
the Planning Office with the final subdivision plat application;
12. The proposed signal at the intersection of Fowler Avenue and US
191 shall be designed by a Montana licensed engineer prior to
final plat approval;
13. A final copy of the traffic analysis report shall be prepared,
submitted to and approved by the City Engineer prior to final plat
approval;
14. City-standard sidewalks
along all
public streets shall be
constructed concurrent with all other street improvements. The
sidewalks along Prairie Avenue and Laredo Drive shall be installed
concurrent with construction of homes on the adjoining lots, or
within three years, whichever is sooner;
15. Waivers of right-to-protest creation of SID's for completion of the
following improvements shall be required of the owner prior to
final plat approval;
. A. Signalization at Fowler Avenue
and US 191 or at Ferguson
Avenue and US 191; and
B. City-standard street lighting along Fallon Street/Fowler Avenue
to Yellowstone Avenue.
16. The applicant
shall confirm that
the Natural Resources
Conservation District will not require a 310 permit for the
proposed stream/ditch realignment. If a 310 permit is required, it
shall be obtained prior to any work on the realignment of the
stream/ditch;
17. The final subdivision plat shall contain the following notes and
modifications prior to approval:
A. "Due to the relatively high
groundwater table within the
subdivision, it is not recommended that structures with full or
daylight basements be constructed.
If daylight basements are
constructed, they should not have a depth greater than three feet
below the top of the curb from which the structure is served."
. B. No direct access to Fowler Avenue from Lots 178 and 18A.
18. A Storm Water Master Plan must depict the retention/detention
basin locations, and locate and provide easements for adequate
drainage ways within the subdivision to transport water runoff to
the stormwater receiving
channel. The plan shall include
sufficient site
grading and elevation
information, typical
stormwater detention/retention basin and discharge structure
details, adequate basis sizing calculations, and a stormwater
maintenance plan;
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While the runoff from the individual lots will be dependent upon
the intensity of use for each lot, the maximum sizing of the storm
retention/detention facilities for each lot will be established based
upon the maximum potential site development. Final facility sizing
may be reviewed and reduced during design review of the final
site plan for each lot;
. In lieu of detailing final drainage for each individual lot, the
applicant may choose to record covenants which require each lot
owner to obtain City review and approval of individual lot final site
grading prior to issuance of a building permit;
The applicant's engineer must also demonstrate to the satisfaction
of the City Engineer that the Valley Unit storm drainage system
(including the capacity of the runoff conduit) is adequate to
handle the additional runoff created by this subdivision;
19. If construction activities related to the project result in the
disturbance of more than five acres of natural ground, an
erosion/sediment control plan may be required.
The Montana
Department of Health and Environmental Sciences, Water Quality
Bureau, shall be contacted by the applicant to determine if a
Storm Water Discharge Permit is necessary.
if permitting
requirements include implementation of an erosion/sediment
control plan, the methods of control shall be in place prior to any
infrastructure construction or site grading;
20. With respect to the proposed realignment/relocation of the
existing stream/ditch, the applicant shall obtain written permission
. from the waterway owner for the proposed relocation, or provide
the City of Bozeman with an acceptable hold harmless/waiver of
liability;
The applicant's Professional Engineer shall certify that the
relocated ditch/stream, as constructed, equals or exceeds the
hydraulic capacity, with similar flow characteristics (such as
velocity) or the historic stream/ditch, with equal or less loss of
water as the stream/ditch, prior to final plat approval;
The applicant shall also contact the Montana Department of Fish,
Wildlife and Parks regarding the proposed stream/ditch relocation
and shall obtain any required permits (i.e. 310, 404, turbidity
exemption, etc.) prior to final plat approval;
21. The applicant shall obtain a written permit or other authorization
from the Montana Department of Transportation for the propose
25 foot "beautification strip" along US 191;
22. A pedestrian easement must be provided on the final subdivision
plat for the pedestrian walk within the 40 foot Common Open
. Space adjacent US 191;
23. A Weed Control Plan should be entered into between the owner
and the County Weed Control Officer prior to final plat approval;
24. The final subdivision plat may not be filed until the final PUD plan
is approved;
25. An Abstractor's Certificate must be submitted with the clothbacks
and mylars (two each) of the final plat.
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The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No,
none.
. Reauest for clarification/modification of conditions for aDoroval of Vallev Commons Business
Park Planned Unit Develooment to allow non-standard street liahts alona Fallon Street adiacent
to develooment
Assistant Planning Director Debbie Arkell briefly reviewed the contents of her memo
of March 30, and the attached information. She also distributed copies of the light standards
and the typical streetscape for Valley Commons Drive, showing how the lights would be
installed under the applicant's proposal.
The Assistant Planning Director reminded the Commission that on August 1, 1994,
they approved a Conditional Use Permit for the Valley Commons Business Park Planned Unit
Development, under Application No. 2-9458, subject to numerous conditions. Subsequently,
on November 21, 1994, the Commission agreed to modification of four of the conditions for
approval; and Condition No. 5.e. now reads "Standard street lights shall be installed along
. Fallon Street prior to final plat approval. Street lights, as detailed on the Valley Commons Drive
Typical Streetscape Section, shall be installed as each lot develops;"
The Assistant Planning Director stated that City Engineer Brawner has expressed
concern about non-typical street lighting. Also, the City Manager has raised a question about
who would be responsible for maintenance of non-standard street lights within the public right-
of-way. She reminded the Commission that no street lights were required in conjunction with
the USDA site; however, street lighting is to be a part of the Planned Unit Development to be
constructed on the Nelson property.
Assistant Planning Director Arkell stated that the Valley Commons Business Park
property is located within the special improvement lighting district which was created within
the original Valley Unit Subdivision. She noted, however, that standard street lights were
. installed in only the northern portion of the district when it was initially created, since that was
the only portion of the subdivision in which development was occurring at that time. She
indicated that if the Valley Commons Business Park is to be included within a lighting district,
the City Attorney has determined that a new lighting district must be created due to the
amount of time that has lapsed since creation of the original district.
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The Assistant Planning Director stated that she has obtained information from
Montana Power Company regarding their standard street lights, as a result of questions raised
at last week's agenda meeting. She noted that they have two forms of street lights, the typical
3D-foot high pole with the cobra head and a 17-foot high pole with a shoe box type light. She
. cautioned that the latter style does not meet the City's zone code because it provides side light.
She further noted that the lights which have been installed by Montana State University are
privately owned and are not considered standard street lights.
Assistant Planning Director Arkell stated it was the developer's understanding, as a
result of the November 21, 1994 meeting, that the street lights to be installed along Valley
Commons Drive were acceptable along Fallon Street as well. She indicated the request is now
before the Commission for clarification and possible modification. She cautioned that if the
non-standard street lights are determined acceptable, the privately-owned and maintained lights
will be erected in the public right-of-way.
Responding to questions from Commissioner Youngman, Assistant Planning Director
Arkell stated that shoebox lights are typically considered parking lot lights, not street lights.
. She noted that the height of the poles and the wattage of the lights determines how effective
they are in ensuring public safety.
Commissioner Youngman stressed the importance of ensuring that the street lighting
is adequate for public safety. She stated that she does not care about the type of light fixture
used, as long as it adequately lights both the street and the sidewalks in a manner that protects
motorists, bicyclists and pedestrians.
The Assistant Planning Director stated her main concerns revolve around privately-
owned lights in the public right-of-way. She stated that if non-standard street lights
are
allowed, they will be maintained by the property owners' association; and it may be difficult
to obtain a timely response to burned out lights or knock-downs in the public right-of-way. She
. also expressed concern about maintaining a consistency in the type of light fixture used if a
non-standard street light is allowed along this portion of the south side of Fallon Street. She
also recognized, however, the importance of minimizing the impacts on adjacent residential
properties.
City Manager Wysocki reminded the Commission that the function of street lights is
the primary issue to be addressed. He recognized that using the same type of lighting along
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Fallon Street as is used on Valley Commons Drive would define the boundaries of the
development; however, he questioned whether that is an appropriate use of those lights along
a public street.
Mayor Vincent stated an interest in accommodating lighting which is aesthetically
. pleasing along Fallon Street, as long as it provides the lighting required for public safety.
City Manager Wysocki suggested the possibility of requiring standard street lighting
at the intersections, with the non-standard street lighting allowed along the remainder of the
Fallon Street frontage. He noted that this could ensure the public safety issues are adequately
addressed.
Mr. Tom Clinton, applicant, stated that during the original hearing on this project,
there was substantial discussion about pedestrian scale and residential scale lighting, down
lighting, and assuring that no glare was created on adjacent residential properties. He stated
that they have been sensitive to those issues and have tried to be innovative in providing
lighting. He stated that the typical street light is a 100-watt high-pressure sodium cobra head
fixture on a 30-foot pole. The proposal is for a 250-watt metal halide light on a 20-foot pole,
. which will provide a whiter color. He stated that six light locations have been identified along
the Fallon Street frontage; and their lighting contractor has drawn a diagram of the lighting
which they would generate. He noted that if similar lights were interspersed along the north
side of the street, good lighting would result.
Mr. Clinton stated that the Valley Commons Property Owners' Association will be
responsible for maintenance of the private street lights, including replacement of burned out
light bulbs and replacement of knock-downs. He stated that since the Property Owners'
Association will be involved in an extensive maintenance program for the entire project,
including landscaping and parking lots as well as the lighting, he does not feel that the
maintenance of lights will be a problem.
Responding to questions from Commissioner Stueck, Mr. Joe Sabol stated that he
. feels it would be appropriate for the lighting on Mr. Nelson's property to be the same as the
lighting in Valley Commons Business Park. He noted that no detail of the lighting for the
development of Mr. Nelson's property has been submitted to date; however, he stated that
since that development is to essentially mirror the Valley Commons Business Park, it would be
appropriate to use the same lighting as a continuing theme.
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Commissioner Stiff stated he does not have strong feelings about the type of lighting
to be installed along Fallon Street, except that it must be adequate to address safety concerns.
Responding to the City Manager, Mr. Clinton indicated a willingness to participate in
a special improvement lighting district, in his proportionate share, if it is determined that the
. private lighting proposed is not adequate.
No one was present to speak in opposition to the proposed modification.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission approve modification of conditions for approval of Valley Commons Business Park
Planned Unit Development, under Application No. Z-9458, so that such conditions shall read
as follows:
5.e. That 20-foot-tall street lights, owned and maintained by the Valley
Commons Property Owners' Association, of a style similar to
those installed along Valley Commons Drive, be installed along
Fallon Street prior to final plat approval. Street lights, as detailed
on the Valley Commons Drive Typical Streetscape Section, shall
be installed as each lot develops;
18. (Executed waivers of
right to protest creation of special
improvement districts)
. c) Special improvement lighting district for standard street lights,
in a prorata share, should it be found that the non-typical lights
installed along Fallon Street do not meet lighting standards for
public safety.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those voting No,
none.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
( 1 ) Copy of the rating from Moody's, set on March 28, for the $5 million
. general obligation bond issue.
The City Manager noted that the City's rating is an "A", which is the best that can
be anticipated under 1-105 and other constraints established by the State Legislature.
(2) Notice of Special Meeting for 12: 15 p.m. tomorrow for sale of bonds for the
$5 million general obligation bond issue.
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(3) Memo from Neighborhood Coordinator/Grantsperson James Goehrung, dated
March 29, forwarding the results of the joint public hearing held on March 23 regarding
possible projects for CDBG funding.
The City Manager stated that preliminary indication is that the City will sponsor an
. application for Senior Center expansion to accommodate an adult day care facility and the
County will sponsor an application for a replacement group home for REACH, Inc. He then
stated that, unless there is Commission dissent, he will ask Grantsperson Goehrung to proceed
with preparation of a grant application for the Senior Center project, since it takes a substantial
amount of time to prepare a competitive application. There were no Commissioner objections.
(4) Memo from Neighborhood Coordinator/Grantsperson Goehrung, dated March
24, regarding the HRDC Land Trust Project and forwarding a request for additional monies from
the City.
The City Manager stated this item will be placed on the April 17 agenda for action,
and anticipated discussion during the agenda meeting on April 10. He then cautioned that this
is not the only affordable housing project that is encountering financial problems at this time,
. cautioning that requests for assistance may be forthcoming from the others who are involved
in affordable housing projects at the present time.
(5) Note from Mr. Jon Kelly Lee, 3019 Erwin, expressing concern over the rise
in crime and encouraging the Commissioners to fund additional police officers.
(6) Letter from the Southeast Bozeman Neighborhoods Association, dated March
24, asking about the status of testing the South Bozeman Avenue sewer line and urging the
testing of that line during the spring run-off.
The City Manager cautioned that at times, one Commissioner's desire becomes a
directive. He noted concern about those times, particularly since they occur without a majority
of the Commission having acted.
. (7) Final listing of the goals for Fiscal Year 1995-1996.
(8) Reminder to set clocks ahead one hour on Saturday night for daylight
savings time.
(9) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, April 4, in the Commission Room.
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(10) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m.
on Tuesday, April 4, in the Commission Room.
(11 ) Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, April 4, at the Courthouse.
. (12) Agenda for the Highway Commission meeting to be held in Helena on
Thursday, April 6.
( 13) The City Manager submitted his weekly report, as follows. (1) Reminded
the Audit Committee members that a meeting has been scheduled for 11 :45 a.m. on Thursday,
April 6, in the Conference Room. (2) Announced that sandwiches will be available
during
tomorrow's special Commission meeting. (3) Stated that the Street crews did some patching
during the recent break in the weather; and those patches seem to be holding. (4) Stated that
interviews have been completed and the City is in a position to hire summer seasonal
employees as soon as the weather permits. (5) Announced that the Montana
State
Environmental Services is requiring additional monitoring of the landfill, particularly for gases.
(6) Addressed the Exchange Club regarding transportation projects a week ago. (7) Noted that
. the Parking Commission is discussing the policy for cash-in-lieu of parking spaces, and trying
to determine what percentage of spaces may be purchased rather than provided. (8) Stated
that staff is moving ahead with plans for expansion of the Swim Center. (9) Stated that he has
signed an agreement for demolition of the interior of the old police station, both upstairs and
downstairs, in anticipation of remodeling for expansion of the Fire Department and relocation
of the Building Inspection Division. (10) Met with the Chamber's MSU Relations Committee
regarding upcoming Homecoming activities. (11) Stated that some of the people
from the
building trades who have been unhappy with recent events met with Assistant City Manager
Brey and the new Building Official to discuss those issues. (12) Announced
that during the
past few days, a substantial amount of milk was dumped into the sewer system; and that has
. created tremendous problems at the City's Wastewater Treatment Plant. He stated that this
issue will be submitted to the Commission for discussion, with a possible recommendation for
action to be taken if it occurs again. (13) Saw the video on garbage composting
with the
representatives from Gallatin County as well as other surrounding Counties. (14) Announced
that the Library is issuing new barcoded library cards for the new automated system, and hope
to have that process completed by the end of April. (15) Stated he will place the Library Board
04-03-95
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of Trustees' proposal for implementation of a fee for County residents on an upcoming agenda
for Commission action.
(14) The City Manager provided a legislative update.
Under that update, he
distributed copies of a memo which he had sent on SB421, which contains the information
. which the Commissioners had forwarded in their memo last week. He expressed concern that
if SB421 is passed as written, it will penalize the City for being fiscally conservative. He stated
that SB473 appears to have passed through the Legislature. He stated that a
bill to allow
firefighters to retire after 20 years of service is in the Legislature. He cautioned that this bill
could have a dramatic impact on local governments, which pay over 14 percent into the
retirement to support its current structure. He noted that SB227, which would limit the City's
jurisdictional area, appeared to be dead but may surface again. A meeting about the future
location of the Montana Law Enforcement Academy was held in Helena this morning; and Jim
Drummond was present on behalf of Bozeman.
(15) Commissioner Youngman submitted the following. (1) Attended the meeting
at the Courthouse last week regarding the possibility of composting solid waste and sewage
. rather than landfilling the wastes. She noted that the tape shown during that meeting was of
the same program that she saw at the National League of Cities Congress of Cities. She noted
that some of the other Counties present at that meeting need to move forward quickly with
alternatives to their current situations while other Counties create a only relatively small amount
of garbage. She stated that the composting program is intriguing because it reduces the
amount of garbage buried, lengthens the life of the landfill, and results in a product that can
be used on agricultural lands and small gardens. (2) Rode with one of the police officers from
8:00 p.m. to 3:00 a.m. on Friday night, to learn more about their operations. She noted it was
very interesting and informative. (3) Visited with Chief of Police Larry Conner on
Thursday
regarding the increase in vandalism and other crimes. She noted that one of the new police
. officers coming on duty will be attending bicycle police officer training in May. (4) Announced
that the Beautification Advisory Board is organizing the unveiling ceremonies for Pat
Mathiesen's sculpture of Sacajawea, which is to be placed in the Sculpture Park on North 7th
Avenue. The Commissioners will be receiving invitations to attend those festivities.
(16) Commissioner Stiff stated he has received information on an upcoming
public/private partnership conference. He noted that the conference sounds interesting, and
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he may seek Commission authorization to attend.
( 17) Mayor Vincent submitted the following. (1) Distributed copies of a letter
from Tom and Connie McCormick to the Commissioners, suggesting that they be prepared to
discuss the contents of that letter at next week's meeting. (2) Showed the Commissioners
. some pictures he has taken of the graffiti in Cooper Park which he has previously mentioned.
He once again expressed concern about the spray painting on the trees, and asked if there is
some way to clean it off. He also noted that one of the signs in the park
has been spray
painted with the name of a current hard rock group and asked if the paint can be removed or
the sign replaced.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Commission Resolution No. 3048 - setting rates for wastewater (sewer)
service charaes for the City of Bozeman. effective May 1. 1995
COMMISSION RESOLUTION NO. 3048
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING RATES FOR WASTEWATER (SEWER) SERVICE
CHARGES FOR THE CITY OF BOZEMAN.
Commission Resolution No. 3049 - declaring City's intent to create the
1995 sidewalk Droaram: setting Dublic hearing for Amil 17
COMMISSION RESOLUTION NO. 3049
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING
THE CITY COMMISSION'S INTENT
TO
ESTABLISH A 1995 SIDEWALK PROGRAM AND TO ORDER THAT
SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS
PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA
CODE ANNOTATED.
Acknowledae receiDt of reauest for vacation of alley laYing between Lots
5 and 6 and Lots 19 and 20. Block 14. CaDitol Hill Addition
(between 911 South 5th Avenue and 910 South 6th Avenue) -
William G. and Ellen I. Klenn: refer to staff
. Authorize Mayor to sign - Findings of Fact and Order - Westfield South
Subdivision. Phase I - subdivide 15.84 acres into 33 sinale-family
residential (between Wagon Wheel Road and South Third Avenue.
south of Westfield Subdivision. Phase III)
Authorize City Manaaer to sign - Riaht-of-Way Aareement for Parcels 4 and
6: acknowledge receiDt of Warranty Deed for Darcel 4 and Dortion
of Parcel 6 - for West Main Street/West Babcock Street/South
23rd Avenue intersection realignment and signalization Droiect
04-03-95
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Authorize City Manager to sign - Amendment No.1 to Professional Services
Agreement - Thomas. Dean and Hoskins - imDrovements to
Hiahland Boulevard between Holly Drive and Kagy Boulevard)
Authorize Citv Manager to sian - Water and Sewer Easement - Ken LeClair -
across corner of SDruce Meadows to Drovide water and sewer
services for Courtyard Cottaaes Subdivision. continaent UDon
. staff review and determination that easement is in order
ADDoint Commissioner Frost and Commissioner Vounaman to subcommittee
to review Pledaed Securities as of March 31. 1995
Claims
It was moved by Commissioner Stueck, seconded by Commissioner Youngman, that
the Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Stueck, Commissioner Youngman, Commissioner
Stiff and Mayor Vincent; those voting No, none.
Listing of future work session tODics
City Manager Wysocki noted that a copy of work session topics previously identified
. was included in last week's packets. He then asked the Commissioners to list topics for the
next few work sessions, so they can be scheduled.
Mayor Vincent asked that a discussion concerning the town meeting on growth issues
be placed on the agenda.
Commissioner Stueck asked that an update on the status of enforcement of the sign
amortization scheduled be added to the list.
Commissioner Youngman noted it has been four months since the Commission
adopted the housing policy and suggested that it be revisited. She noted that since its
adoption, other ideas have been mentioned, i.e., establishing a minimum density for some of
the higher-density residential zones. She also stated interest in the two items which have been
. forwarded by the other Commissioners.
Commissioner Stiff noted that, from the list of topics previously developed, the
Commissioners have completed the goal setting process for Fiscal Year 1994-1995. He noted
that the highest priority items remaining on the list are work sessions with the County
Commissioners; growth management; and a review of the planning and zoning processes,
including a survey on all projects and an autopsy of one or two projects which went through
04-03-95
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the system. He noted that a listing of topics has been developed for meetings with the County
Commission; growth management is included in next year's goals; and he feels a performance
audit of the planning and zoning processes would be beneficial. He then noted that other
topics which received a relatively high priority included the affordable housing policy, work
. sessions with the School Board on growth issues, and a review of the annexation policy.
Commissioner Stueck suggested it may be beneficial to discuss the City's annexation
policy with the County Commissioners so they are aware of any impacts the policy might have
on them.
Commissioner Youngman suggested that a work session be held on water issues,
including conservation measures and other options. She also expressed an interest in talking
about bicycle safety, particularly in light of the concerns which are raised as the City attempts
to implement some of the bicycle lanes which were identified in the transportation plan.
Commissioner Stiff asked for a staff update on impact fees.
Commissioner Stueck cautioned the Commission may find that impact fees are not
beneficial. He noted it may be that continuation of the current policies, under which developers
. are required to mitigate some of the off-site impacts may prove to be the better alternative.
Mayor Vincent requested that a list of these topics be developed and included in the
packet for next week's work session, so that they may be discussed and scheduled.
Recess - 4:47 D.m.
Mayor Vincent declared a recess at 4:47 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
Reconvene - 7:00 D.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings.
.
Public hearina - Conditional Use Permit for Planned Unit Develooment - Jos8oh Sabol for R.R.
Nelson - to allow develooment of 13.7 acres into six Darcels from 1 to 2 acres in size in BP
zone with four lots restricted to B-2 uses and two lots restricted to B-1 uses - SE %. Section
10. T2S. R5E. MPM (northwest corner of Fowler Avenue and US Hiahwav 191) (2-9525)
This was the time and place set for the public hearing on the Conditional Use Permit
04-03-95
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for Planned Unit Development as requested by Joseph Sabol for R.R. Nelson under Application
No. Z-9525, to allow development of 13.7 acres located in the Southeast one-quarter, Section
10, Township 2 South, Range 5 East, Montana Principal Meridian into six lots ranging from 1
to 2 acres in size in a BP, Business Park, District with uses restricted to B-2, Community
. Business, uses and B-1, Neighborhood Service, uses. The subject site is more commonly
located at the northwest corner of Fowler Avenue and US Highway 191.
Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Dale Beland presented the staff report. He stated
that under this application, the southern 13.7 acres of the 28-acre parcel considered during
review of the preliminary plat this afternoon will be divided into six lots ranging from 1 to 2
acres in size. The subject property is zoned BP, Business Park; and the applicant proposes to
restrict uses on two of the lots to B-1, Neighborhood Service, uses and uses on four of the lots
to B-2, Community Business, uses. He noted that the uses to be allowed under the B-1 and
B-2 zoning designations are typically more intense and generate more traffic load than the BP
uses.
. The Associate Planner stated that this project, in concept, is a continuation of the
Valley Commons Business Park Planned Unit Development, which lies immediately west of the
USDA building. He stated that the design regulations and by-laws are essentially the same; and
will include a landscape strip along US Highway 191. The stream/ditch through the property
is to be realigned, so it lies essentially in the center of the project; and a linear park connection
from the south end of the property, through Valley Creek Subdivision to West Babcock Park
is planned.
Associate Planner Beland stated that the City-County Planning Board conducted its
public hearing on this application at its March 7 meeting. Following that public hearing,
the
Board concurred in staff's recommendation for approval, subject to eight conditions.
. Mr. Joe Sabol, attorney representing the applicant, stated concurrence with staff's
findings and indicated a willingness to accept the conditions as recommended.
City Manager Wysocki noted the discussions held earlier today regarding street
lighting within this development, particularly along Fallon Street. He asked that the discussion
also be included as a part of the record for this public hearing.
04-03-95
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Commissioner Youngman proposed that a condition be added to clarify that the
lighting in this development be consistent with the lighting in the Valley Commons Business
Park.
Mr. Joe Sabol stated he has no problem with installing the same type of lighting along
. Fallon Street, within this development, as is being installed in Valley Commons Business Park,
noting it will provide a nice looking area. He noted, however, that a big light should be installed
at the corner of Fallon Street and Fowler Avenue, to ensure adequate lighting, rather than trying
to rely on the smaller decorative lighting.
No one was present to speak in opposition to the requested Conditional Use Permit.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
There were no Commissioner objections to waiving the customary one-week waiting
period for land use decisions, so the Commission proceeded to the motion and vote.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission approve the Conditional Use Permit for Planned Unit Development as requested
. by Joseph Sabol for R.R. Nelson under Application No. 2-9525, to allow development of 13.7
acres located in the Southeast one-quarter, Section 10, Township 2 South, Range 5 East,
Montana Principal Meridian into six lots ranging from 1 to 2 acres in size in a BP, Business Park,
District with uses restricted to B-2, Community Business, uses on four of the lots and B-1,
Neighborhood Service, uses on two of the lots, subject to the following conditions:
1. The Preliminary PUD Plan Architectural Design Regulations shall
be revised as noted and submitted to staff for review and approval
by the Planning Director;
2. All site development conditions of the Development Review
Committee as defined by the City Engineer, Director of Public
Service, Fire
Marshal, Superintendent of Streets/Sanitation,
Superintendent of Sewer/Water shall be incorporated into the final
PUD plan for staff review and approval by the Planning Director
prior to issuance of a building permit;
. 3. The final PUD plan shall not be approved until the final plat for the
Nelson Property Subdivision is approved;
4. Seven copies of the final
site plan for the Planned Unit
Development containing all the conditions, corrections, and
modifications approved by the City Commission shall be submitted
for review and approval by the Planning Director within three
years following the approval of the preliminary plan by the City
Commission. Upon application and for good cause, the Planning
Director may administratively extend the period for filing a final
04-03-95
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--~_. - ,.,
- 24-
site plan for two successive six-month periods.
Any additional
six-month extensions must be approved, if at all, only by the
Planning Board. The final site plan must be approved prior to final
subdivision plat approval. Signed copies shall be retained by the
City departments
represented on the Development Review
Committee, and one copy shall be retained by the applicant;
5. The Architectural Design Regulations and Bylaws for the Owners'
. Association shall both contain the following, or similar language;
"At the time of application for a City of Bozeman building permit,
each lot owner shall enter into an Improvements Agreement with
the City to
guarantee the installation
of required on-site
improvements as shown on the final site plan;
The developers will install improvements which include the US
191 pedestrian path and landscaping within one year of final
subdivision plat recording; and the walks, berms, and landscaping
improvements to the common open space park, within three years
of final subdivision plat recording.
Detailed cost estimates,
construction plans, and methods of security shall be made a part
of that agreement."
6. Decorative street lights, similar to those installed along the Valley
Commons Business Park frontage on Fallon Street (i.e., 20-foot-
tall street lights), shall be installed along Fallon Street prior to final
subdivision plat approval, and the lights shall be owned and
maintained by the property owners' association.
A standard
street light shall be installed at the intersection of Fallon Street
. and Fowler Avenue prior to final subdivision plat approval.
The property owner shall provide and file with the final subdivision
plat an executed waiver of right to protest creation of a special
improvement lighting district. The waiver shall specify that in the
event SID's are not utilized for the completion of these projects,
the applicant shall agree to participate in an alternate financing
method for completion of said improvements on a fair share,
proportionate basis as determined by the square footage of the
property, linear front footage of the property, taxable valuation of
the property, or combination thereof.
Said waiver shall include
the following improvements, and shall be a covenant running with
the land and shall not expire:
a) Special improvement lighting district for standard street lights,
in a prorata share, should it be found that the non-typical lights
installed along Fallon Street do not meet lighting standards for
public safety;
7. A building permit must be obtained prior to work, and must be
obtained within one year of final site plan approval.
Building
. permits will not be issued until the final site plan for a lot is
approved by the Planning Director.
Minor site preparation and
normal maintenance shall be allowed prior to submittal and
approval of the final PUD plan, including excavation and footing
preparation, but no concrete may be poured until a building permit
is obtained;
8. If occupancy of the structure or commencement of any use is to
occur prior to the installation of all required on-site improvements,
the Improvements Agreement (with each lot owner) must be
secured by a method of security acceptable to the City of
04-03-95
- 25 -
Bozeman 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 on-site improvements shall be
completed by the applicant within nine months of occupancy to
avoid default on the method of security; and
. 9. When the Conditional Use Permit has been approved by the City
Commission, the permit shall be issued by the Planning Director
upon receipt of applicant's written consent to all of the conditions
imposed, including the CUPconditions required
by Section
18.53.030.G of the Bozeman Zoning Ordinance:
That the right to use and occupancy permit shall be contingent
upon the fulfillment of all the general and special conditions
imposed by the conditional use permit procedure.
That all of the special conditions shall constitute restrictions
running with the land use and shall be biding upon the owner of
the land, his successors or assigns.
That all conditions specifically stated under any conditional use
listed in this title shall apply and be adhered to by the owner of
the land, successors or assigns.
That all of the special conditions shall be consented to in writing
by the applicant.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
. Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No,
none.
Public hearing - Conditional Use Permit - JoseDh Sabol for R.R. Nelson - allow construction of
15.500-sauare-foot commercial/office building in the SE%. Section 10. T2S. R5E. MPM
(northwest corner of Fowler Avenue and US Hiahwav 191) (Z-9504)
This was the time and place set for the public hearing on the Conditional Use Permit
as requested by Joseph Sabol for A.R. Nelson, under Application No. Z-9504, to allow
construction of a 15,500-square-foot commercial/office building on Lot 33, Tract A, cas No.
1509 of the Nelson Property Subdivision, located in the Southeast one-quarter, Section 10,
Township 2 South, Range 5 East, Montana Principal Meridian. The subject site is more
commonly located at the northwest corner of Fowler Avenue and US Highway 191.
. Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Dale Beland presented the staff report. He noted
that this project is also a part of the subdivision which was approved this afternoon. He stated
that under this application, an office building is to be constructed at the northwest corner of
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the intersection of Fowler Avenue and Fallon Street, on a lot which is zoned R-4, Residential--
High-density.
The Associate Planner stated that staff has reviewed this application in light of the
six criteria set forth for review of conditional use permits; and the staff findings are contained
. in the staff report. He noted that the City-County Planning Board considered these findings as
well as input received during its public hearing held on March 21. Following
that public
hearing, the Planning Board forwarded its recommendation for approval, subject to fifteen
conditions.
Mr. Joe Sabol, attorney representing the applicant, expressed concern about one of
the conditions for approval of the project. He stated that the applicant has
indicated a
willingness to participate in his prorata share of the costs of signalization of the intersection of
Fowler Avenue and US Highway 191. He noted, however, that the conditions as written
require the applicant to sign waivers of right to protest creation of SID's for signalization of
either the Fowler/US Highway 191 or Ferguson/US Highway 191 intersection; and he does not
want to become responsible for both signals.
. City Manager Wysocki stated that condition was contained in the recommended
conditions for approval of the preliminary plat, which was considered and approved this
afternoon.
Associate Planner Beland stated this issue was also raised at the City-County Planning
Board meeting. He assured the applicant's representative and the Commission that the
condition is not written with the intent that the applicant will participate in signalization of both
intersections, rather, he will be responsible for participation in one intersection.
Mr. Sabol stated that the applicant is to be responsible for the engineering and design
of the signalization at the intersection of Fowler Avenue and US Highway 191; and it is his
preference that he participate in the costs of signalization at that intersection, not at the
Ferguson Avenue intersection.
. City Attorney Luwe cautioned that the Commission may not consider this issue at this
time, since it pertains to a separate application that was acted on earlier today.
He noted,
however, that under the Commission's adopted rules of procedure, it may vote to reconsider
that agenda item after taking action on the current agenda item.
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City Manager Wysocki suggested that Condition No. 8.a. be amended to contain the
same requirements for street lighting as the previous agenda item.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
. There were no Commissioner objections to waiving the customary oneMweek waiting
period for land use decisions, so the Commission proceeded to the motion and vote.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission approve the Conditional Use Permit as requested by Joseph Sabol for R.R. Nelson,
under Application No. Z-9504, to allow construction of a 15,500-square-foot commercial/office
building on Lot 33, Tract A, cas No. 1509 of the Nelson Property Subdivision, subject to the
following conditions:
1. The final site plan and development of the site shall conform to all
applicable City of Bozeman
regulations, to
include zoning
regulations. The following zoning regulations have been noted as
not being met, and shall be corrected prior to final site plan
approval:
a) 18.65.050.C., only one freestanding sign is allowed per zone
. lot; and
b) 18.65.080, a Master Signage Plan is required if multiple signs
are proposed; and
c) 18.50.035.A, an example of
the proposed lighting shall be
shown; and
d) 18.52.030.D.b., Site Plan Information and fully dimensioned
(J,K,P,Q,R, V);
2. All exterior light fixtures shall be designed with cut-off shields to
deflect light down and/or away from adjacent properties and
streets, and must be detailed on the final site plan. Light fixture
luminaries shall not be visible from adjacent properties and streets.
Light standards shall not exceed a height of 20 feet or the height
of the structure, whichever is lower;
3. Boulevard planting detail shall be provided and must comply with
the Engineering Department standards.
Root barrier material
should be used. No plantings
shall be allowed in the typical
. sidewalk location;
4. Proposed access shall
comply with the access separation
distances required under 18.50.110 of the Zoning Regulations;
5. Concrete curbing shall be provided around the entire new parking
lot perimeter, in accordance with
18.50.120.B.11, and be
adequately identified on the final site plan;
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6. The required number of off-street parking spaces shall comply
with the requirements of 18.50.120.8.(31. The 62 spaces shown
would allow up to 15,500 square feet of usable office area;
7. The final site plan shall not be approved until the final plat for the
Nelson Property Subdivision is approved;
8. The applicant shall comply with the following conditions of
. approval set forth by Rick Hixson, Project Engineer, prior to final
site plan approval:
al Decorative street lights,
similar to those installed along the
Valley Commons Business Park frontage on Fallon Street (i.e., 20-
foot-tall street lightsl, shall be installed along Fallon Street prior to
final subdivision plat approval, and the lights shall be owned and
maintained by the property owners' association.
A standard
street light shall be installed at the intersection of Fallon Street
and Fowler Avenue prior to final subdivision plat approval.
The property owner shall provide and file with the final subdivision
plat an executed waiver of right to protest creation of a special
improvement lighting district. The waiver shall specify that in the
event SID's are not utilized for the completion of these projects,
the applicant shall agree to participate in an alternate financing
method for completion of said improvements on a fair share,
proportionate basis as determined by the square footage of the
property, linear front footage of the property, taxable valuation of
the property, or combination thereof.
Said waiver shall include
the following improvements, and shall be a covenant running with
. the land and shall not expire:
Special improvement lighting district for standard street lights, in
a prorata share, should it be found that the non-typical lights
installed along Fallon Street do not meet lighting standards for
public safety;
b) The final site plan shall be adequately dimensioned;
c) A
Stormwater Drainage/Treatment Grading
Plan and
Maintenance Plan for a system designed to remove solids, silt,
oils, grease, and other pollutants
shall be provided to and
approved by the City Engineer.
The plan shall demonstrate
adequate site drainage (including sufficient spot elevations),
stormwater detention/retention basin details (including basin sizing
and discharge calculations,
and discharge structure details),
stormwater discharge destination, and a stormwater maintenance
plan. A manhole shall be
installed wherever detention pond
outlets are connected to existing storm sewers;
d) Plans and specifications for
any water, sewer and/or storm
sewer main extensions, and pUblic or private streets (including
. curb, gutter and sidewalks) prepared by a Professional Engineer
(PE) licensed in the State of Montana shall be provided to and
approved by the City Engineer. Water and sewer plans shall also
be approved
by the Montana
Department of Health and
Environmental Sciences.
The applicant
shall also provide
professional engineering services for construction inspection, post-
construction certification,
and preparation
of mylar record
drawings. Specific comments regarding the existing and proposed
infrastructure shall be provide at that time. Construction shall not
be initiated on the public infrastructure improvements until the
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plans and
specifications have been
approved and a
preconstruction conference has been conducted.
No building
permits will be issued prior to City acceptance of the water and
sewer improvements;
e) All infrastructure improvements including 1) water and sewer
main extensions, and 2) public and private streets including
. curb/gutter, sidewalks,
and storm
drainage infrastructure
improvements shall be financially guaranteed or constructed prior
to occupancy. No
building permits will be issued prior to
completion and
acceptance of the
water and sewer
improvements;
f) Easements for the water and
sewer main extensions shall be
a minimum of 30 feet in width, with the utility located in the
center of the easement.
In no case shall the utility be less than
10 feet from the edge of easement;
g) Sewer and water services shall be shown on the final site plan
and approved by the Water/Sewer Superintendent.
City of
Bozeman applications for service shall be completed by the
applicant. The water
service as shown on the "Grading and
Layout" plan shall be moved to standard location;
h) The drive approaches shall be constructed in accordance with
the City's standard approach (i.e. concrete apron, sidewalk
section, and drop-curb) and shown as such on the final site plan.
A City curb cut and sidewalk permit shall be obtained prior to final
site plan approval;
. i) Typical curb details (i.e. raised and/or drop curbs) and typical
asphalt paving section detail shall be shown on the final site plan
and approved by the City Engineer;
j) All existing utility and other easements must be shown on the
final site plan;
k) Adequate snow storage area must be designated outside the
site triangles, but on the subject property (unless a snow storage
easement is obtained for a location off the property and filed with
the County Clerk and Recorder);
I) If construction activities
related to the project results in the
disturbance of
more than 5
acres of natural ground,
an
erosion/sediment control plan may be required.
The Montana
Department of Health and Environmental Sciences, Water Quality
Bureau shall be contacted by the applicant, to determine if a
Storm Water Discharge Permit is necessary.
If required by the
WQB, 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;
9. The applicant shall comply with the following conditions of
approval set
forth by Fred
Shields, Superintendent of
Water/Sewer, prior to final site plan approval:
a) All water and sewer lines, both existing and proposed, shall be
accurately shown and sized on the final site plan, and approved
by the
Water/Sewer Superintendent.
City of Bozeman
applications for service shall be completed by the applicant;
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b) All water and sewer mains, service lines and easements, both
existing and proposed, shall be shown on the final landscape plan;
c) Size be accurately indicated
on all water and sewer lines
shown of final site plan;
d) All fire hydrants within 500 feet shall be shown or indicated
. on the final site plan;
e) An accurate, dimensioned detail of the domestic water meter
location, inside of the building, shall be shown on the final site
plan and approved by the Water/Sewer Superintendent;
f) Plans and specifications for
any fire service line shall be
prepared in accordance with the City's Fire Service line Policy by
a Professional Engineer, licensed 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 -co nstructio n certification,
and
preparation of mylar record drawings;
g) An accurate, dimensioned detail of the fire service riser
location inside of building shall be shown on final site plan, and
approved by the Water/Sewer Superintendent;
10. The applicant shall comply with the following conditions of
approval set
forth by Roger
Sicz, Superintendent of
Street/Sanitation, prior to final site plan approval:
. a) Trash enclosure shall be relocated to a location which does not
require significant backing maneuvers;
11. Seven copies of the final site plan containing all of the conditions,
corrections, and modifications approved by the City Commission
shall be submitted for review and approval by the Planning
Director within six months of the date of City Commission
approval. Signed copies shall be retained by the City Departments
represented on the Development Review Committee, and one
signed copy shall be retained by the applicant;
12. The applicant shall enter into an Improvements Agreement with
City to guarantee the installation of required on-site improvements
at the time of final site plan submittal.
Detailed cost estimates,
construction plans and methods of security shall be made a part
of that agreement;
13. A building permit must be obtained prior to work, and must be
obtained within one (1) year of final site plan approval. Building
permits will not be issued until the final site plan is approved. Min
. site surface preparation and normal maintenance shall be allowed
prior to submittal and approval of the final site plan, including
excavation and footing preparation, but no concrete may be
poured until a building permit is obtained;
14. If occupancy of the structure or commencement of the use is to
occur prior to the installation of all required on-site improvements,
the Improvements Agreement must be secured by a method of
security acceptable to the City of Bozeman 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
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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;
15. When a Conditional Use Permit has been approved by the City
Commission, the permit shall be issued by the Planning Director
. upon the receipt of applicant's
written consent to all
of
theconditions imposed, including the CUP Conditions required by
Section 18.53.030.G:
a) That the right to a use and occupancy permit shall be
contingent upon the
fulfillment of all general
and special
conditions imposed by the conditional use permit procedure;
b) That all of the special conditions shall constitute restrictions
running with the land use and shall be binding upon the owner of
the land, his successors or assigns;
c) That all conditions specifically stated under any conditional use
listed in this title shall apply and be adhered to by the owner of
the land, successors or assigns;
d) That all of the special conditions shall be consented to in
writing by the applicant.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those voting No,
. none.
Preliminary clat review - Josech Sabol for R.R. Nelson - subdivide 28.0 acres into 62
townhouse/duclex lots. 1 multi-family lot. 1 commercial office lot. 6 commercial lots. and 1
open scace lot - SE~. Section 10. T2S. R5E. MPM (northwest corner of intersection of Fowler
Avenue and US Highway 191) (P-9504)
It was moved by Commissioner Stueck, seconded by Commissioner Youngman, that
the Commission reconsider its action on the preliminary plat requested by Joseph Sabol for R.R.
Nelson, under Application No. P-9504, to allow subdivision of 28.0 acres located in the
southeast one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal
Meridian, into 62 townhouse/duplex lots, 1 multi~family lot, 1 commercial office lot, 6
commercial lots, and 1 open space lot. The motion carried by the following Aye and No vote:
. those voting Aye being Commissioner Stueck, Commissioner Youngman, Commissioner Stiff
and Mayor Vincent; those voting No, none.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that
Condition No. 15 be modified to read as follows:
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15. Waivers of right
to protest creation of SID's for completion of the
following improvements shall be required of the owner prior to
final plat approval;
A. Signalization at Fowler Avenue and US
191, for the
proportionate share of the cost of that improvement; and
B. City-standard street lighting along Fowler Avenue from the
.
existing stub-out to US Highway 191 and along Fallon Street from
Fowler Avenue to Yellowstone Avenue, if it is determined that the
decorative lighting is inadequate for public safety.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No,
none.
Adjournment - 7:26 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Stueck, seconded by Commissioner Youngman, that the meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Stueck, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those
. voting No, none.
J
ATTEST:
rJ~;/ ~
ROBIN L. SULLIVAN
Clerk of the Commission
.
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