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HomeMy WebLinkAbout1995-03-06 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 6, 1995 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 6, 1995, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Februarv 21 and Februarv 27, 1995 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the meeting of February 21 be approved as amended and that the minutes of the . meeting of February 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, Commissioner Frost and Mayor Vincent; those voting No, none. Decision - Reauest for modification of Condition Nos. 18 and 19 for Courtyard Cottages Subdivision - Ileana Indreland on behalf of herself and Diamond Productions, Inc. This was the time and place set for the decision on the request for modification of Condition Nos. 18 and 19 for Courtyard Cottages Subdivision as requested by Ileana Indreland on behalf of herself, Michael Delaney and Diamond Productions, Inc. Assistant Planning Director Arkell reminded the Commission that in June 1994, they approved the preliminary plat for Courtyard Cottages Subdivision, subject to 38 conditions. . In October 1994, the applicant requested that Condition Nos. 18 and 19, pertaining to possible relocation or tubing of the Farmers' Canal, which currently runs in an open ditch within the Ferguson Avenue right-of-way, be modified. At its December 19, 1994 meeting, the Commission directed staff to work with the applicant to develop an alternative which would be acceptable to the City and the applicant, based on "Option B" as submitted by the applicant. 03-06-95 --- - .-.. - .- - 2 - Under this alternative, the existing stream would be allowed to remain open, and be located between the sidewalk and the property line. The applicant is now proposing a 44-foot-wide paved section of Ferguson Avenue, a 5-foot-6-inch boulevard with trees and a 5-foot-wide sidewalk, which is the standard for a collector street. A 6-foot-wide boulevard is then . proposed east of the sidewalk, with the water course being located 7 feet 6 inches from the property line. Under this configuration, a 35-foot watercourse setback can then be met for each of the building envelopes; and the stream can meander closer to the property line, possibly even crossing the property line, where there are no building envelopes. Assistant Planning Director Arkell stated that the Planning staff, Engineering staff and Director of Public Service have reviewed the revised Condition Nos. 18, 19 and 20 and indicated general support. She noted that City Engineer Brawner has forwarded a memo dated February 28, which includes a recommendation that additional language be included in Condition No. 18. The Assistant Planning Director reviewed the proposed revisions to Condition Nos. 18, 19 and 20. She then noted that since these revisions were prepared, the City Attorney has . proposed language pertaining to the stream near the proposed Lucky Lil's Casino that could possibly be used in place of the proposed language for Condition No. 19. She stated that under the new language, a hold harmless agreement could be used as an option to obtaining written approval from the ditch owner. Commissioner Frost and Commissioner Youngman both stated support for adding the language proposed by City Engineer Brawner. Commissioner Stueck asked if the ditch owner in this instance is the City of Bozeman since the stream/ditch is currently located in the street right-of-way. City Attorney Luwe stated that the existing location of the stream/ditch in the public right-of-way suggests that the City is the ditch owner in that immediate area; however, a review of the documents at the Clerk and Recorder's Office is necessary to determine the . owner. He then suggested that the revised language for Condition No. 19 could be "That the applicant provide the City of Bozeman with a hold harmless agreement with appropriate language approved by the City Attorney's office, releasing the City from any liability for relocation or alteration of the ditch. " He then indicated that care must be taken to ensure that 03-06-95 -- - 3 - any relocation of the ditch does not in any way impede the flow of water or negatively impact the water rights to which downstream water users are entitled. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission approve revision of Condition Nos. 18, 19 and 20 for approval of the preliminary . plat for Courtyard Cottages Subdivision, previously approved under Application No. P-9411, as requested by Ileana Indreland, on behalf of herself, Michael Delaney and Diamond Productions, located at the southeast corner of the intersection of Ourston Road and Ferguson Avenue, to read as follows: 18. The existing stream/ditch along Ferguson Avenue shall be relocated within the Ferguson Avenue right-of-way so as to maintain the required 35-foot streambank setback from all proposed structures within the subject subdivision. Approval of the required 310 permit must be obtained by the applicant from the Gallatin Conservation District prior to any work on the stream/ditch. The final cross section ditch design and location shall accommodate a one-foot minimum separation of the stream/ditch from the public sidewalk and provide a 4: 1 bank slope on the sidewalk side of the ditch. Plans and specifications for the relocation must be reviewed and approved by the City Engineer prior to any work on the stream/ditch. . Maintenance of that portion of the Ferguson Avenue right-of-way east of the eastern curb and gutter, adjacent to the subject subdivision, shall be the sole responsibility of the homeowners' association. Maintenance shall include, but not be limited to: watering, mowing and trimming all vegetation therein; removing snow and ice from the sidewalk; cleaning and removing debris from all trash racks (including Durston Road) so as to allow free- flow conditions in the stream/ditch at all times. Appropriate street trees shall be planted by the applicant in the boulevard area, between the eastern curb and gutter and the stream/ditch. 19. Written permission from the irrigation ditch owner shall be provided for the proposed irrigation ditch relocation prior to plan and specifically approval by the City Engineer. A 10-foot maintenance access shall be provided on one side of the ditch. In the event that the applicant is unable to obtain written permission from the irrigation ditch owner, the applicant shall provide the City of Bozeman with a hold harmless agreement, . with appropriate language approved by the City Attorney's office, releasing the City from any liability for relocation or alteration of the ditch. 20. (The property owner[s] shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest the Creation of SID's. ... Said Waivers shall include the following:) . .. f. Stream/ditch improvements along Ferguson Avenue between Babcock Street and Durston 03-06-95 .-- - 4 - Road, including piping and all related appurtenances. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. . Decision - Conditional Use Permit for Planned Unit DeveloDment - to modify the Walker Planned Unit DeveloDment to incorcorate an additional 23.064 acres - Tract A. CDS No. 1498C.located in the SE%. Section 25. T1S. R5E. MPM (1500 Reeves Road) (Z-9483) This was the time and place set for the decision on the Conditional Use Permit for a Planned Unit Development requested by Susan Taylor Nelson, under Application Z-9483, to modify the Walker Unit Development to incorporate an additional 23.064 acres located in Tract A, Certificate of Survey No. 1498C, in the Southwest one-quarter, Section 25, Township 1 South, Range 5 East, Montana Principal Meridian. The subject site is more commonly located at 1500 Reeves Road. Senior Planner Dave Skelton reviewed the contents of his memo dated March 2, a . copy of which was included in the Commissioners' packets. He reminded the Commission that the Planning Board has forwarded its recommendation for approval of this application, subject to eleven conditions. The City Commission conducted its public hearing on this application in August 1994; and earlier this year, it determined the issue of the pedestrian circulation system for the original Walker Planned Unit Development must be resolved before taking action on the request for modification of that PUD. The Senior Planner stated that the applicant submitted a revised pedestrian circulation system plan, dated February 21; and Planning staff responded by submitting its proposal. Since that time, staff and the applicant have worked diligently to develop a revised pedestrian circulation system plan which is acceptable to all parties involved; and a copy of the Planning staff's proposal, dated March 2, is attached to the memo. . Senior Planner Skelton stated that Rob Bukvich, Montana Department of Transportation, has indicated that they are not in a position to grant a pedestrian easement under the North 19th Avenue interchange overpass because that property is owned by Burlington Northern. He further noted that a review of the site with Mr. Bukvich revealed that there is not adequate width to provide an improved pedestrian circulation system under the 03-06-95 - 5 - overpass. He forwarded the conclusion that this situation dramatically affects installation of a pedestrian circulation system. The Senior Planner forwarded the plan for installing pedestrian circulation system improvements in the Walker Planned Unit Development, as contained in his memo and the . attendant map of the development. He stated that a five-foot-wide gravel pathway is to be installed inside the property line along the north side of Reeves Road East and the north side of Campbell Road within three years of the Commission's decision or as each lot develops, whichever occurs first; a five-foot-wide gravel pathway is to be installed along Springhill Road as each lot develops; a five-foot-wide concrete sidewalk is to be installed along both sides of Reeves Road West as each lot develops; a five-foot-wide sidewalk is to be installed along the east side of Enterprise Road as each lot develops; and a five-foot-wide gravel pathway is to be provided within the 50-foot-wide landscape buffer strip along US Highway 10 except under the North 19th Avenue interchange overpass in conjunction with the development of each lot. He indicated that a review of the original planned unit development revealed that no pedestrian circulation system was contemplated within the common open space. . Senior Planner Skelton encouraged the Commission to resolve the issue of the pedestrian circulation system today, noting that the addition of the subject 23 acres to the original planned unit development will be the subject of a separate action. Mrs. Bea Taylor, applicant, stated the applicants have worked diligently with City Manager Wysocki and Senior Planner Skelton to develop an acceptable proposal for the pedestrian circulation system; and that plan has been forwarded by the Planner. She then forwarded her position that installation of an extensive pathway system along US Highway 10 does not make much sense; rather, she suggested that people would rather walk along Campbell Road, away from the noise, the dirt and the fumes from passing cars. She emphasized the importance of not being required to install a pathway system in the interior of . the common open space, since that area is intended to remain in natural farmland. She indicated that the pathway along the Campbell Road frontage is acceptable as proposed. Commissioner Frost suggested that the pathway along US Highway 10 not be required to extend across Lot 3A, Block 4, and Lot 3, Block 2, since it simply dead-ends at the interchange. Mrs. Taylor concurred, noting that seems to make sense. 03-06-95 - 6 - Commissioner Frost suggested that an alternative location for the trail along the common open space would be along the lot lines and then around the back perimeter, adjacent to the interchange off ramp, rather than along the Campbell Road frontage. He suggested that location might be more attractive for those walking along the trail; and the trail could possibly . be incorporated into the landscape plan for the banks of the off-ramp. Mrs. Susan Nelson stated that is an option which they had not previously discussed or considered. Senior Planner Skelton suggested that if the Commission wishes to provide an option for the trail system along the edge of the common open space, staff can work with the applicant, allowing the applicant to select one of the available options. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission approve the pedestrian circulation system for the original Walker Planned Unit Development, as set forth in Senior Planner Skelton's memo dated March 2, 1995, with the following exceptions: (1) that the pathway along the common open space may either run along Campbell Road or along the back lot line, with no interior trails to be required in the common . open space, and (2) that no pathway be required along the US Highway 10 frontage of Lot 3a, Block 4, and Lot 3, Block 2. The motion carried by the following Aye and No Vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Preliminarv Dlat review - Westfield South Subdivision. Phase I - Clair Daines for Carter & Judith Williams - subdivide 15.84 acres located in the SE~. Section 24. T2S. R5E. MPM. into 33 sinale-familv residential lots (south of Westfield Subdivision. Phase III. between Wagon Wheel Road and South Third Avenue) (P-9507) This was the time and place set for review of the preliminary plat for Westfield South Subdivision, Phase I, as requested by Clair Daines for Carter and Judith Williams, under Application No. P-9507, under which 15.84 acres located in the southeast one-quarter of . Section 24, Township 2 South, Range 5 East, Montana Principal Meridian, would be subdivided into 33 single-family residential/ots. The subject parcel is located between Wagon Wheel Road and South Third Avenue, immediately south of Westfield Subdivision, Phase III. Assistant Planning Director Debbie Arkell presented the staff report. She characterized the Westfield South Subdivision as an extension of the Westfield Subdivision 03-06-95 - 7 - immediately to the north, which has been developed in three phases over the past eight years. She stated that the subject property is zoned R-1, Residential--Single-family, Low-density. Assistant Planning Director Arkell stated that the City-County Planning Board conducted the public hearing on this preliminary plat at its February 22, 1995 meeting. At that . time, fourteen members from the public testified against the proposed subdivision, citing concerns about traffic and allowing access to the subject subdivision from Wagon Wheel Road via Oxford Drive. She noted that, since the Westfield South Subdivision is to be constructed in five phases, the applicant is required to provide a conceptual master plan for the entire subdivision, to ensure that road alignments and other infrastructure needs are adequately addressed. She cautioned that the master plan is conceptual in nature, and that the preliminary plat for each phase may not appear as the master plan might suggest. The Assistant Planning Director stated that Phase I of the Westfield South Subdivision abuts Phase III of the Westfield Subdivision. Access to Phase I is to be provided through Oxford Drive, which is to be constructed within an existing street right-of-way that was dedicated in conjunction with one of the Sourdough Creek Properties developments. She noted . that right-of-way lies between an existing six-plex on the north and a single-family home on the south. Access is also to be provided via Cambridge Drive, which exits onto South Third Avenue. The Assistant Planning Director stated that parkland for the entire 49-acre subdivision is being dedicated in conjunction with Phase I. The proposed dedication does not meet the full requirement; and the applicant has proposed to pay cash-in-lieu for the balance of the parkland requirements not met by this dedication. She noted that the original proposal is to dedicate approximately 70 percent of the parkland required; however, recommended conditions for approval of the preliminary plat could change that percentage slightly. She stated that the applicant has proposed that little league and soccer fields be provided on that parkland; however, the Park Department has forwarded concern about that type of use within this type of park. During the public hearing, concern was expressed about the problems that could be . encountered by attracting traffic to this park area, and the attendant parking problems. Assistant Planning Director Arkell stated that some of the testimony received during the Planning Board's public hearing pertaining to concerns about the master plan for the remainder of the subdivision, include the proposal to have rear yards along Wagon Wheel Road. Residents in that area have indicated a preference for development similar to existing 03-06-95 .--- - 8 - development along Wagon Wheel Road, which includes half-acre to one-acre lots. She cautioned that Wagon Wheel Road is a county road; and the County Road Superintendent has indicated he will not allow backing from a private residence onto a county road. The Assistant Planning Director stated that at the Planning Board meeting, the . applicant proposed a 35-foot linear park from the parkland to the northern boundary of the property, and along the northern boundary of this subdivision, in an effort to address concerns raised by residents in Westfield Subdivision. She stated that the Board determined that providing a linear park to serve as a buffer may benefit a few of the residents in Westfield Subdivision; but it would not benefit the community as a whole. Assistant Planning Director Debbie Arkell reviewed the recommended conditions forwarded by the Planning Board, which would address the impacts and concerns that have been identified. She noted that one of those conditions pertains to realignment of Winchester Drive, to create a 90-degree intersection with Fieldstone Drive West. Another condition would eliminate the lot that creates a jog in the parkland dedication, providing for a squarer park area. She noted that the Board believes a subdivision design can be developed which meets concerns . expressed by residents in the area, under which those lots along Wagon Wheel Road could possibly be accessed via an alley. She further noted that the Commission recently denied a subdivision which relied totally on South Third Avenue for its access; however, since that time, the $5 million general obligation bond issue has been passed, and one of the projects to be funded through that source of revenue is for improvements to South Third Avenue and the South Third Avenue/Kagy Boulevard/South Willson Avenue intersection. Assistant Planning Director Arkell stated that staff has reviewed the preliminary plat in light of the five criteria set forth in the Montana Code Annotated; and the staff's comprehensive findings are contained in the written staff report, which was previously distributed to the Commission. She noted that the Planning Board reviewed this preliminary plat in light of those same five criteria, and concurred in the staff's findings. She briefly . highlighted those findings, then forwarded the Planning Board's recommendation for approval, subject to fifteen conditions. The Assistant Planning Director stated that during review of the South Third Avenue right-of-way, a question arose about whether the appropriate amount of right-of-way has been dedicated for that roadway. She noted that a 65-foot-wide right-of-way is needed since South 03-06-95 - 9 - Third Avenue is designated as an arterial street; and she requested an additional condition that requires the applicant to confirm that adequate right-of-way has been dedicated. Responding to questions from Commissioner Frost, Assistant Planning Director Arkell stated the right-of-way for South Third Avenue, as shown on the preliminary plat, appears to . be on the property alignment. She noted, however, that review of the records on the dedicated right-of-way has raised concern that possibly not all of the right-of-way has been dedicated, as shown. She then stated that the applicant is working with the Gallatin Valley Land Trust on alignment of a trail along the South Third Avenue frontage; and portions of the trail will be in the public right-of-way while portions will be in the strip of public open space. Further responding to Commissioner Frost, the Assistant Planning Director stated that it would be appropriate to require that improvements installed under the financial guarantee be installed in less time than the life of the financial guarantee, to ensure the City has adequate time to contract for those improvements to be completed under the guarantee. Commissioner Stueck stated that at its last meeting, the Recreation and Parks Advisory Board discussed the possibility of extending Cambridge Drive through to Oxford Drive, . and reconfiguring the park so that it lies entirely north of Cambridge Drive. He stated that the Board further indicated support for developing the park as an open grassed area, possibly with playground equipment; however, they did not support the idea of developing the site as ballfields which would attract traffic and thus detract from its serving solely as a neighborhood park. Responding to Commissioner Youngman, Assistant Planning Director Arkell stated that, while Planning Board members discussed the possibility of requiring boulevard trees along Oxford Drive, they did not include it in the conditions. She suggested this might have been an oversight, since several of the members indicated support for the proposal. Commissioner Stiff noted surprise that the Planning Board was willing to consider . acceptance of cash-in-lieu of parkland, particularly in light of the emphasis that has recently been placed on open space. Assistant Planning Director Arkell stated it is the developer's intention to use the cash-in-lieu to fund improvements to the park area. She then noted that the developer had proposed a 35-foot linear park along the northern edge of the property; however, the Planning Director raised a question about whether the Park Superintendent would feel that was an 03-06-95 .--.-.-- - 10- acceptable parkland dedication. She suggested that the Commission could consider allowing the proposed 35-foot linear park, and whether it would apply toward the parkland dedication requirements for the subdivision. She noted that one of the concerns raised was the small number of people who will be benefitted by the linear park dedication. . Responding to Mayor Vincent, the Assistant Planning Director stated that the right-of- way where Oxford Drive is to be located was dedicated in the 1970's, in conjunction with the Sourdough Creek Properties development. She noted one homeowner in the immediate area suggested that this right-of-way be vacated and that the new street be moved further to the south; however, she reminded the Commission that lots adjacent to the street right-of-way will be impacted, no matter where it is located. Commissioner Frost suggested that an off-street parking area be provided adjacent to the park, so that if people drive to the park, there will be adequate parking to minimize impacts on the surrounding lots. He then stated his support for a good sized park area that could lend itself to possible use as a ballfield at some time in the future. Mr. Clair Daines, developer, stated that most of the residents in the immediate area . have indicated they do not want a little league field in the park area; rather, they prefer picnic tables and possibly a less structured recreational area. Mr. Daines expressed his concern about the proposal to eliminate the lot at the corner of the parkland, noting that would result in spreading $30,000 over the other lots. He suggested it might be possible to reconfigure some of the lots, so that the same number of lots is maintained. He noted that, with the dedication of all of the parkland for this subdivision, the result is a rather large chunk of open space early in the development process. Responding to City Manager Wysocki, Mr. Daines stated a willingness to work with staff on dedication of right-of-way for South Third Avenue if that is deemed necessary. He then expressed his interest in preserving the green belt which exists along the western . boundary of Westfield Subdivision. He also noted that he is working with the Gallatin Valley Land Trust, and is willing to provide easements where necessary for a trail. Mr. David Crawford, Thomas, Dean and Hoskins, consulting engineer, stated that the right-of-way along the east side of the 1/16 section line expands from 27 feet wide toward the north end of this section of South Third Avenue to 39 feet wide at Wagon Wheel Road. Mr. Crawford then stated that the applicant is willing to accept the conditions as 03-06-95 - 11 - recommended by the City-County Planning Board, and is willing to work with staff on the additional conditions which have been discussed during this meeting. Assistant Planning Director Arkell reviewed the proposed revisions to the conditions for approval. She suggested that it would be beneficial to provide direction to the staff and the . developer regarding the parkland dedication, whether the Commission wishes to see the parkland developed with ballfields, and whether a 35-foot-wide linear park along the north boundary would be considered as part of the parkland dedication requirements. Commissioner Stueck stated he does not support constructing little league fields on this parkland; rather, he feels it should be as large as possible and should be generally retained in open space. Commissioner Frost agreed with keeping the park area as large as possible, to provide for possible future use as a T-ball field or soccer field. He reiterated his interest in seeking alternatives to on-street parking around the park. He then stated he feels that the 35-foot-wide buffer strip should be left to the developer, noting that it could be counted toward parkland dedication. . Commissioner Youngman stated a willingness to recognize the buffer strip along the north end of the property as a part of the parkland dedication, unless it negatively impacts the amount of improvements provided in the large park area and makes it less functional. She then indicated an interest in seeing the lot eliminated to make the parkland more rectangular; however, she is also willing to consider reconfiguration of lots to incorporate it somewhere else within this phase. Responding to Mayor Vincent, City Attorney Luwe affirmed that the Commissioners' decision must be based on the criteria contained in the Montana Code Annotated, under the Subdivision and Platting Act. Mayor Vincent stated he will support this subdivision, although he is concerned about some of its impacts. He recognized that, no matter where development may occur, some type . of negative impact will occur; and those impacts must be recognized and addressed. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the preliminary plat for Westfield South Subdivision, Phase I, as requested by Clair Daines for Carter and Judith Williams, under Application No. P-9507, subject to the following conditions: 03-06-95 - 12 - 1. The final plat shall conform to the Uniform Standards for Final Subdivision Plats, comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, contain all appropriate certificates with the corrections indicated in the staff report, and be accompanied by all appropriate documents, including a Platting Certificate. Two mylar and two cloth back copies of the final plat must be submitted for final plat approval, along with a digital copy . of the final plat, on a double sided, high-density 3 Y2" floppy disk. 2. Approval from the Subdivision Program of the Montana Department of Health and Environmental Sciences Water Quality Bureau must occur prior to final plat approval, pursuant to Section 16.16.101 through 16.16.805, ARM. If a stormwater permit and erosion/sediment control plan is required by that department, the developer shall demonstrate to the City that they have obtained the permit and are in full compliance with said permit. 3. A Stormwater Master Plan shall be prepared for the subdivision and approved by the City Engineer. The master plan shall include the design of a system to remove solids, silt, oils, grease, and other pollutants from the runoff from the public streets and all lots. The master plan must depict the maximum sized retention basin locations, 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 elevation information (particularly for the basin site, drainage ways, and lot finished grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any . stormwater ponds located within the park or open space shall be designed and constructed to be conducive and amenable to the normal use and maintenance of the open space/park. 4. INFRASTRUCTURE: a) Plans and specifications and design reports for water and sewer main extensions, public streets, and storm drainage improvements must be prepared by a Professional Engineer (PE) licensed in the State of Montana, and shall be provided to and approved by the City Engineer and 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 the 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. b) A comprehensive Design Report, prepared by a qualified Professional Engineer, shall be submitted which evaluates the . existing capacity of the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post-development demands for this and future phases of Westfield South Subdivision. If the report demonstrates that adequate water capacity is not available for full development, the report must identify necessary water system improvements required for full development. The developer shall be responsible to complete the necessary system improvements to serve the full development. 03-06-95 ----------... -..-- - 13 - If the report demonstrates that adequate sewer capacity is not available for full development, the conditions of the Green Pastures Tract Annexation Agreement shall apply. c) All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets including curb/gutter, ADA access ramps, and sidewalks fronting parks, open space, space, . or other non-building lot frontages, and related stormwater improvements shall be substantially complete and accepted by the City, or financially guaranteed prior to final plat approval. No building permits will be issued until the infrastructure improvements are approved by the City. d) Project infrastructure phasing, including utility phasing, shall be clearly defined. The water system must be designed to provide looping in accordance with established City policy. e) All water and sewer mains and storm sewers shall be located within an improved and accessible public right-of-way or easements. Where necessary, easements for any water, sewer or storm sewer not located within public right-of-way shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. f) City standard residential sidewalks shall be constructed on all public street frontages on each lot prior to occupancy of any home constructed on the lot. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner . who has not constructed said sidewalk shall, without further notice, construct said sidewalk for their lot(s), regardless of whether other improvements have been made on the lot. This condition shall be included on the plat and in the covenants for the subdivision. g) The developer shall install City standard residential sidewalks on all public street frontages that abut park land or open space areas at the time street improvements are installed. These improvements shall be completed prior to final plat approval or secured by an Improvements Agreement and financial guarantee. 5. STREETS AND CONSTRUCTION: a) Tee intersections off the internal looped street should not be place within a horizontal curve, unless approved by the City Engineer as a method of encouraging traffic to go south on Fieldstone Drive West. If allowed to intersect at a curve, a sufficient radius shall be ensured on the lot at the northeast corner of the intersection (13,575 sq. ft. lot) for extra room for curb return, sidewalk and disabled ramp. . b) Encroachment permits must be acquired from the County Road and Bridge Department for the Cambridge Drive access to South Third Avenue, with a copy of the permit submitted with the final plat. c) Road name signs and stop signs will be required at the intersection of Cambridge Drive and South Third Avenue; Cambridge Drive and Fieldstone Drive West; and Oxford Drive and Wagon Wheel Road. 03-06-95 --- --- - 14 - d) Winchester Drive shall be renamed with the name approved by the Gallatin County Road Office prior to final plat approval. e) The developer shall be financially responsible for his fair share of one-half of 37-foot City standard local street peripheral and adjacent to the development from Graf to Wagon Wheel South at the time planned improvements are completed by the City on South Third Avenue. A signed agreement regarding this . responsibility shall be filed with the final plat. f) The final plat shall contain a note which prohibits direct access of lots onto South Third Avenue. g) The developer shall confirm the right-of-way for South Third Avenue is accurate as shown on the preliminary plat; and, if it is not, the appropriate right-of-way dedication shall be made to achieve the 65-foot right-of-way from the 1 /16th section line to the property boundary, as shown on the preliminary plat. h) The developer shall plant boulevard trees along both sides of Oxford Drive, from Wagon Wheel Road to the eastern boundary of the subdivision, at 50-foot intervals. The tree species shall be per Section 18.50.100.D.5.i. of the Bozeman Municipal Code. 6. PARK LAND, OPEN SPACE, AND LANDSCAPE EASEMENTS Applicant shall work with Planning and Parks Department to develop an acceptable park configuration for the entire 49.7 acre parcel, while considering the following recommended conditions. . a) The 11,962-square-foot lot in the northwest corner of the park shall be eliminated and this area included in the park. b) The line between the park and the path from the park to Cambridge Drive shall be eliminated to include this path in the park. A City standard 5-foot wide sidewalk shall be installed in the center of the path, with landscaping, as approved by the Park Superintendent, planted on both sides, prior to final plat approval. c) A minimum of seventy percent (70%) of one-ninth of the entire 49.7 acre area, less other dedications (i.e. streets) shall be dedicated for park land. Public park land may be used for storm water retention ponds if the area is conducive to park use, but may not be included in the required dedication. The Park Superintendent must approve the storm water detention pond to ensure that it is conducive to park use prior to construction of the area in the park land. If, after construction of the storm water detention area, it is found that the area was not constructed as shown on the plans and is not conducive to parkland, that area will not be accepted as public parkland and must be owned by the . homeowners association. The fair market value of thirty percent (30%) of one-ninth of the area that would have been dedicated for park land shall be established by an appraisal done by a qualified real estate appraiser. A copy of the appraisal and plans for the development of the dedicated park shall be submitted to the Planning Office for forwarding to the City Park Department for that department's approval. The fair market value of the remaining 30% park land shall be used by the developer to complete the approved improvements to the park, and the improvements should be 03-06-95 - 15 - completed or financially guaranteed prior to final plat approval. A record of the amount of money spent on the improvements should be submitted with the final plat to ensure that the cash-in-lieu amount was met. d) The park boundary bordering the private lots shall be delineated at the common private/public corner pins, with flat . flexible fiberglass posts, a minimum of 6-feet in length with no less than 2-feet driven into the ground. Each post must be labeled with a permanent glue on sign stating "Park Boundary" or "Property Boundary". The park area must have all fencing material, construction debris, and other trash removed. These costs may not be included in the field improvements. e) The open space link between Winchester Drive and Westfield Subdivision Phase 3 shall be designated as common open space on the final plat, and will be owned and maintained by the homeowner's association. 7. The final plat shall show 20-foot rear and 10-foot side lot utility easements on all lots, as well as 12-foot front yard utility easements. An additional 8-foot wide utility easement shall be added to the edge of the lots abutting South Third Avenue. 8. The applicant shall provide and file with the County Clerk and Recorder's Office executed Waiver of Right to Protest the Creation of SID's. 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 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: a) South Third Street/Kagy Boulevard/South Willson Avenue intersection improvements and signalization. b) Park maintenance district for area parks. The applicant shall provide and file with the County Clerk and Recorder's Office a Waiver of Right to Protest Rural Improvement Districts for future improvements to Wagon Wheel Road and South Third Road. 9. That the Covenants be amended as outlined in the staff report and should be written to apply to all future phases. A copy of the Covenants must be submitted to and approved by the Planning Staff prior to final plat approval, and must be filed with the final plat of Phase I. . 10. Water rights in the amount of $206.38 per lot shall be paid to the City of Bozeman by the developer prior to final plat approval. 11. A signed copy of a Weed Control Plan, approved by the County Weed Control Officer, for the subdivision, and a signed copy of the plan be submitted to the Planning Office prior to final plat approval. 12. The developer shall submit $3,500.00 to the City of Bozeman for participation in the cost of the improvements made to the 03-06-95 - 16 - intersection of Wagon Wheel Road and South Third Avenue, as required in the Annexation Agreement. This payment shall be made prior to final plat approval. 13. The final plat shall contain lot and block numbers, and the correct acreage, gross and net, including streets, parks, open space and lots. . 14. If it is the developer's intent to file the plat prior to the completion of all requirements 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, valid for a period of eighteen months, equal to 150% of the cost of the remaining improvements. All improvements must be completed within twelve months of the date the final plat is filed. Conditional approval of the preliminary plat shall be in force for not more than three calendar years. 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. Thereafter, the Commission may approve an extension for not more than one calendar year. 15. Approval of Phase I in no way implies pre-approval of Phases 2 through 5 as presented in the conceptual Master Plan. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Continued discussion - decision re DroDosal from James Duncan and Associates to add a sUDDlemental aareement to the County's imDact fee study for the City's tranSDortation imDact fee study in the amount of $22.500 City Manager Wysocki noted that, included in the Commissioners' packets, was a copy of the letter which Planning Director Epple had written to Mr. Duncan, dated February 23, as a result of the Commission's action at the February 21 meeting. He asked that the Commission either confirm its previous decision or discuss the possibility of including the City's . transportation impact fee in the County's plan. He cautioned that the City will not be able to get the impact fee in place any faster than through a contract with Mr. Duncan; and the process could be dramatically slower if staff is asked to complete the task. The City Manager noted that Mayor Vincent had asked for figures on revenues that might be recognized from impact fees. He stated that, based on the 325 units for which 03-06-95 - 17 - building permits were issued in 1994, and an impact fee of $800 to $1,000 per unit, it would be easy to determine the impact fees that would be generated over a three-month period. Commissioner Stueck stated he is still does not support incorporating this into the County's impact fee study for several reasons. He stated his interest in addressing impact fees . for water, sewer and transportation all at once, rather than one at a time. He also reported that he has asked the City Attorney to research a different format for accomplishing an impact fee study without spending $22,000 to do so. Commissioner Stiff stated his position has not changed; and he firmly believes that staff can do the work. Mayor Vincent stated that, based on the information available, his position remains the same. He noted that, if it could be shown that the $22,500 is an investment that would be returned several times over during the next ten years, he might be willing to reconsider his position. He stated that the $22,500 for this impact fee study was not included in the budget for this fiscal year; and he is not comfortable voting to expend it at this time. Commissioner Stiff pointed out that, no matter how the impact fee study might be . completed, the City will incur costs. Commissioner Frost noted that one advantage of having Duncan and Associates complete the impact fee study is that the City and County impact fees would dovetail. Mayor Vincent suggested that, since no Commissioner has changed his or her position on this issue, there is no need to vote again. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission table further consideration of this item until he has had an opportunity to talk to City Attorney luwe. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. . Discussion - orocess for development of urban renewal plan Assistant City Manager Ron Brey noted that the Commission has previously received a copy of his memo, dated February 27. Distributed at the beginning of this meeting was a letter from Mr. Thomas Nygard, dated March 3, forwarding a proposed composition for the proposed task force. He stated that adoption of Commission Resolution No. 3046, declaring 03-06-95 _mo. --- - 18 - that blighted conditions exist within certain areas of the municipality, is scheduled for adoption later in this agenda, under the Consent Items; and that resolution must be adopted before work can begin on the urban renewal plan. The Assistant City Manager outlined his proposal for the development of the urban . renewal plan. He noted that while creation of an tax increment financing district does affect the whole community, the urban renewal plan involves a confined area and a confined range of issues. He proposed that a volunteer planning committee be established, comprised of interested persons from the affected area as well as the whole community. He suggested that the committee also include a member of the City Commission as well as representatives from Gallatin County and the School District. He noted that, to date, eight people have expressed an interest in serving on this type of committee; and those eight people represent the categories listed in Mr. Nygard's letter. The Assistant City Manager suggested that he and the intern working in his office be designated as staff members to this committee. He estimated that fifteen to twenty people will probably volunteer to serve on the planning committee; and he believes that will create a . good sized working committee. He noted that if the response is overwhelming, the committee can be divided into task forces, assigned to specific segments of the plan, with full committee meetings to ensure that everyone is working in the same direction. Assistant City Manager Brey stated that an initial scoping meeting, including an overview of the concept and a question and answer period, has been set for 7:00 p.m. on Monday, March 27, in the Commission Room. Mr. Geoff Badenoch, Director of the Missoula Redevelopment Agency, will be in attendance at that meeting. He encouraged all Commissioners to attend this meeting as well as the members of the planning committee, so that everyone understands the process and the parameters of the program. The Assistant City Manager proposed that the planning committee conduct a public . meeting on the draft urban renewal plan, prior to submitting it to the Planning Board for review. He recognized that the City-County Planning Board and the City Commission must each conduct public hearings on the urban renewal plan; however, he feels the extra opportunity for public input is important. He estimated that development and adoption of the urban renewal plan will be completed by October under this proposal. He then asked for Commission direction 03-06-95 ---- - 19 - to proceed with development of an urban renewal plan, as outlined, subject to adoption of Commission Resolution No. 3046 later in this meeting. Responding to Commissioner Frost, the Assistant City Manager estimated that the area to be included within the tax increment financing district might represent 8 percent of the . tax base for the City. Responding to Commissioner Youngman, Assistant City Manager Brey stated he intends to advertise immediately for volunteers to serve on the planning committee. He indicated that the deadline for applications will either be 5:00 p.m. on Friday, March 17, or noon on Wednesday, March 22, so he has adequate time to invite them to attend the March 27 meeting. He then indicated that his proposal did not include appointment of the volunteer committee by the Commission; however, that could be included if the Commissioners so choose. Each of the Commissioners expressed appreciation for Mr. Nygard's letter and suggestions. Responding to Commissioner Stueck, the Assistant City Manager stated that all . meetings of the committee will be open to the public; public participation will be encouraged; and minutes will be maintained. Mr. Steve Johnson, Business Manager for School District No.7, stated the School Board has discussed the proposed creation of a tax increment financing district but has taken no position on the issue to date, despite recent newspaper reports. He then stated appreciation for the proposal to include a School District representative on the committee. He noted, however, that he will probably be the representative; and he is unable to attend Monday evening meetings because the conflict with School Board meetings. Mr. Keith Swenson, representing the Downtown Bozeman Association and the Downtown Improvement Steering Committee, encouraged the Commission to move forward with this process as outlined by the Assistant City Manager. . Commissioner Stiff noted there are several churches within the boundaries of the proposed tax increment financing district, and suggested that they be represented on the planning committee as well. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission authorize and direct the Assistant City Manager to proceed with development of 03-06-95 -..- - 20 - an urban renewal plan as outlined above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. . Ordinance No. 1397 - amend in a Section 10.32.A.7 of the Bozeman MuniciDal Code to Drovide that the distance for Darking from a flashing beacon. stOD sian or traffic control signal be increased from twenty feet to thirty feet City Manager Wysocki submitted Ordinance No. 1397, as approved by the City Attorney entitled: ORDINANCE NO. 1397 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 10.32.030.A.7 OF SAID CODE, PROVIDING THAT THE DISTANCE FOR PARKING FROM A FLASHING BEACON, STOP SIGN OR TRAFFIC CONTROL SIGNAL BE INCREASED FROM TWENTY FEET TO THIRTY FEET. The City Manager reminded the Commissioners that they had provisionally adopted this ordinance at their regular meeting of February 21 and recommended that it be finally . adopted at this time. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission finally adopt Ordinance No. 1397 on second reading, increasing the distance for parking from a traffic control device from twenty feet to thirty feet. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Ordinance No. 1398 - setting salarv for City Manager for Calendar Year 1995 Previously distributed to the Commission was a copy of Ordinance No. 1398, as approved by the City Attorney, entitled: ORDINANCE NO. 1398 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER OF THE CITY OF BOZEMAN, AS REQUIRED BY LAW. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission adopt Ordinance No.1398 on second reading, setting the City Manager's salary for Calendar Year 1995. The motion carried by the following Aye and No vote: those voting 03-06-95 __n... - ,.-- - 21 - Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff 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 a letter from the financial consultant to Administrative Services Director Gamradt, dated February 28, setting the schedule for sale of the $5 million general obligation bond issue. (2) Copy of a memo from City Engineer Craig Brawner to the City Manager, dated March 1, regarding acquisition of right-of-way for realignment of the West Main Streett West Babcock Street/South 23rd Avenue intersection. The City Manager noted that in that memo, the City Engineer has requested that the City Attorney be authorized to initiate condemnation proceedings, indicating that he will direct the City Attorney to do so unless otherwise directed by the Commission. . (3) Summary listing of the goals submitted by the individual Commissioners, consolidated into a listing of 12 goals with long-range and short-range components. The City Manager asked that the Commissioners submit their priority listings to the Clerk by noon on Thursday, so she has time to tabulate the results and include them in the packets for next week's work session. He stated that, based on that tabulation, the Commission should be able to complete the prioritization process. Commissioner Stiff asked how many of the goals each Commissioner is to vote for. Following discussion, the Commissioners determined that all twelve goals are to be prioritized; however, they also recognized that a line will be drawn below the few top priority goals chosen, to denote that those are the ones to be concentrated on during the upcoming . fiscal year. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 7, in the Commission Room. (5 ) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, March 7, in the Commission Room. 03-06-95 - 22 - (6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, March 8, 1994, at the Courthouse. (7) Minutes from the Highway Commission meeting held on January 11 and 12, in Billings as well as the telephone meeting held on February 1, 1995. . The City Manager noted that letting of the North 7th Avenue project is listed on Page 6, under the February 23 letting date. (8) The City Manager reviewed several legislative items, as follows. (1 ) Testified on SB359, which is for a local option gas tax. He noted the possibility of combining this bill with HB297 has been raised. (2) Staff is closely watching HB473, pertaining to subdivision regulations, since most of those provisions are identical to the ones which Rep. Gilbert tried to get passed in the last legislative session. (3) Stated that staff is monitoring all of the bills pertaining to relocation of the Montana Law Enforcement Academy, and is supporting Hargrove's bill to keep the MLEA in Bozeman if the Governor's proposal is not successful. (4) Stated that combining of HB249 and SB96 is under consideration. He noted that a hearing on HB249 is currently scheduled for Thursday. (5) Noted that a bill to lower the . retirement requirements for firefighters from 25 years to 20 years has been introduced. He noted that passage of the bill would cost local governments with full-time fire departments, five or six communities, approximately $172,000. He stated that, in light of his concerns about costs to local governments, he has forwarded testimony in opposition to the bill. (6) Attended an early morning meeting with the legislative delegation on Friday, at which discussions included who is responsible for addressing the problem of water ponding at the intersection of North 7th Avenue and West Juniper Street. (9) The City Manager submitted the following. (1) Attended a Bozeman Property Owners' Association meeting on Thursday evening, at which the transportation projects were discussed. (2) Attended a medical insurance committee meeting last week. He noted that a change in insurance coverage is being considered, as well as the possibility of . requiring co-payment for the premiums. Employees will be voting on the proposed change in mid-May. (3) Met with County Commissioner Olson regarding a possible change in classification for the City's landfill. 03-06-95 ----- --- ...-- - 23 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 3046 - declarina that bliahted areas exist within the municiDality and that the rehabilitation. redeveloDment or a combination thereof is in the interests of the public health. safety. . morals or welfare of the residents COMMISSION RESOLUTION NO. 3046 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THAT BLIGHTED AREAS EXIST WITHIN THE MUNICIPALITY AND THE REHABILITATION, REDEVELOPMENT, OR A COMBINATION THEREOF OF SUCH AREA OR AREAS IS NECESSARY IN THE INTEREST OFTHE PUBLIC HEALTH, SAFETY, MORALS, OR WELFARE OF THE RESIDENTS OF SUCH MUNICIPALITY. ADDlication for Kennel License for Calendar Year 1995 - Grace Yost. 705 North Grand Avenue ADDroval of reauest for change in lessee in buildina at Beall Park from the Beall Park Art Center. Inc.. to new organization resulting from merger of Beall Park Art Center and Emerson Cultural Center Authorize staff to Droceed with finalizina Alternative No.2 for desian of imDrovements to Hiahland Boulevard from Kagy Boulevard to Holly Drive . Authorize City Manaer to sian - SDecial Use Agreement between the Montana DeDartment of State lands and City of Bozeman - easement across lots 16 and 17. Gordon Mandeville State School Section Subdivision (old drive~in site on North 7th Avenue) Authorize City Manaaer to sign - Aareements for Drovision of municiDal water service with Gilbert M. and Helen B. Arts. Martin J. and Robert J. Plumb. and Thomas P. Shane. Jr. Authorize use of annual leave - City Manaaer Wysocki ~ March 13-17. 1995 Claims It was moved by Commissioner Stueck, seconded by Commissioner Frost, 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 Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. . Recess - 5:35 D.m. Mayor Vincent declared a recess at 5:35 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the continued public hearing and completing the routine business items. 03-06-95 ----. - -- - 24 - Reconvene - 7:00 D.m. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled continued public hearing and completing the routine business items. . Continued Dublic hearina - Conditional Use Permit - Town PumD Inc. & Affiliates for Bozeman Holdina 1.1.C. - allow construction of two casino structures servina alcoholic beverages: variances from Sections 18.30.050. 18.50.060.D.. and 18.50.0120.F. - Tract 1A. COS No. 1364. located in the NE%. SE%. Section 11. T2S. R5E. MPM (2401 West Main Street) (z- 94143) This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Town Pump, Inc., and Affiliates for Bozeman Holding 1.1.C., under Application No. 2-94143, to allow construction of two casino structures serving alcoholic beverages on Tract 1 A, Certificate of Survey No. 1364, located in the Northeast one-quarter, Southeast one-quarter, Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject site is more commonly located at 2401 West Main Street. In conjunction with the application for the Conditional Use Permit is a request for variances from two sections, as follows: from Section 18.30.050, to allow the parking lot to encroach 2 % . feet into the required 25-foot front yard setback, and from Section 18.50.060.D., to allow the parking lot to encroach up to 27 feet into the required 35-foot streambank setback. Also, a 20-percent deviation from Table 18.65.050.C. is being requested, to allow the monument sign along West Main Street to be six feet high rather than the five feet allowed under the sign code. Commissioner Stueck announced that, since the construction firm for which he works is currently building a Lucky Lil's Casino for the Town Pump at Whitefish and since there is a strong potential that the firm will be bidding on construction of the Lucky Lil's Casino in Bozeman if this application is approved, he must announce his conflict of interest and abstain from participating in discussion or voting on this item. . Mayor Vincent opened the continued public hearing. Senior Planner Dave Skelton presented the staff report. He stated the subject 1.562- acre parcel is located immediately east of the Festival Square Planned Unit Development, which includes the Oakwood development, and immediately west of the Bobcat Lodge; and the land is currently vacant. 03-06-95 -..-.. - 25 - The Senior Planner stated that the City-County Planning Board conducted its public hearing on this application at its February 22 meeting. After consideration of the staff report and public comment, the Planning Board forwarded its recommendation for approval of the application, subject to twenty conditions. . Senior Planner Skelton stated this application is for two one-story casino structures serving alcoholic beverages. The building at the south end of the lot is to be 2,848 square feet, while the building at the north end of the lot is to be 1,494 square feet in size. Three accesses are to be provided to the site, one from an existing access onto West Main Street, via an access easement, and two from St. Estephe Street, which is a narrow private street within the Festival Square Planned Unit Development. The Senior Planner stated that some of the conditions originally recommended by the Development Review Committee and the Design Review Board have already been met. Staff would recommend, however, that those conditions be retained in any vote for approval of this project, to ensure that they are addressed. Senior Planner Skelton stated that a stream/ditch parallels the eastern edge of the . subject property; and under this application, the applicant proposes to relocate that stream/ditch to the eastern edge of the parcel as part of an overall stream enhancement project in conjunction with this application. He noted that the applicant is seeking a variance from the 35-foot streambank setback, to allow parking to encroach up to 22 feet into that setback. He emphasized the fact that, typically, staff will not consider any request for encroachment into the streambank setback. In this instance, however, the stream enhancement project will address several concerns about the existing stream/ditch, including the unstable banks; and staff has concluded that any negative impacts from the encroachment will be offset by the enhancement project. The Senior Planner stated that the Design Review Board has reviewed this application, since the subject property lies within the West Main Street entryway overlay corridor. He . noted that, because of several concerns voiced during ORB review of the initial application, the public hearings before the City-County Planning Board and the City Commission were delayed; and the applicant developed a revised proposal. He noted that concerns over the initial application revolved around lighting of the structures, which included neon tube strips along the ridges of both buildings as well as two bands around the entire facia. The neon tube strips 03-06-95 - 26 - along the ridges of the buildings have now been removed, although the two bands along the facias of both buildings remain. He noted that before the Planning Board, there was also a substantial amount of discussion about the proposed lighting of the building through the use of flood lights and soffitt lights, and the potential for glare on adjacent properties and public . rights-of-way. As a result of that discussion, the Planning Board has recommended a condition which limits lighting on all elevations to subdued illumination. Senior Planner Skelton stated that staff has reviewed the application for Conditional Use Permit in light of the six criteria set forth in the Bozeman Municipal Code; and the staff's findings are contained in the written staff report, which was submitted to the Commission. He stated that 57 off-street parking spaces plus two disabled accessible parking spaces are required for the application as submitted; however, the applicant proposes to provide 51 parking spaces plus two disabled accessible parking spaces. He noted that a proposed deck along the east side of the building, overseeing the stream enhancement project, had triggered the additional parking requirements which cannot be met under this application; therefore, the deck is to be removed from the plans. He stated that under the provision for landscaping-in-lieu . of parking spaces, for a maximum of five parking spaces, the applicant can meet the parking requirements for the project. The Design Review Board has also recommended that additional landscaping be provided along West Main Street and St. Estephe Street to compensate for the variances and deviation which have been requested. That additional landscaping is to include low vegetation and some berming to help screen and buffer the parking lot from the entryway overlay corridor. Senior Planner Skelton stated that Mr. Bob Davis, Farmers' Canal Company, has submitted a letter forwarding concern about the proposed relocation of the stream/ditch. He reminded the Commission that the applicant must obtain a 310 permit before doing any work within the banks of a watercourse; and that should alleviate the concerns which have been . forwarded by the Farmers' Canal Company. He stated that if the applicant is unable to obtain written permission from the Farmers' Canal Company to relocate the stream/ditch, an alternative is to provide a hold harmless agreement, acceptable to the City Attorney, which will hold the City harmless, to ensure that the City does not incur any liability as a result of this project. He stated that Mr. Davis has indicated an interest in having the Farmers' Canal Company included in that agreement. 03-06-95 -. --.. -- ~ 27 - The Senior Planner stated that staff has reviewed the attendant request for two variances in light of the three criteria contained in the Bozeman Municipal Code, as set forth by the Montana Supreme Court; and the staff's findings are also contained in the written staff report. He briefly highlighted those findings, indicating that staff has found that the variances . would not be contrary to the public interest; has found that unique conditions exist on the property, particularly because of its shape and the existence of the stream/ditch; and has found that the spirit of the ordinance will be observed. The Planner cautioned the Commission that when considering these variances, economic hardship is a factor which may not be considered. He noted, rather, consideration of physical constraints of the property serve as a basis for considering variances. Senior Planner Skelton stated that the Planning Board also considered the requested deviation, to allow the monument sign to exceed the 5-foot maximum height by 20 percent, for a height of six feet. Following consideration of the application, the Planning Board forwarded its recommendation that a 1 O-percent deviation be granted, for a total height of five feet six inches. . City Attorney Luwe stated that Condition No. 11, as worded, will provide staff with the latitude necessary to address the issue of the canal, since the applicant must either obtain a letter of approval from the Farmers' Canal Company or provide a hold harmless agreement which releases the City from any liability. Responding to Commissioner Frost, Senior Planner Skelton stated that economic hardship may not be considered when addressing the criteria for review of a variance request. He noted that hardships must, instead, pertain to the physical constraints of the site. Commissioner Frost noted that the subject site has not changed since the applicant acquired it. Senior Planner Skelton concurred. He noted, however, that the trapezoid . configuration of the lot and the stream along the eastern edge of the parcel do make it difficult to design a viable project which does not encroach into the setbacks. He further reminded the Commission that if a project which meets setbacks is designed and approved, the stream enhancements which accompany this project will probably not be realized. He encouraged the Commission to consider this trade-off, particularly since it will allow extension and enhancement of an existing fishery immediately across West Main Street. 03-06-95 - 28 - Responding to Commissioner Frost, the Senior Planner stated that 20 to 23 parking spaces could be eliminated if the second structure were not constructed on the site, as proposed. Further responding to Commissioner Frost, the Senior Planner stated that Building A . and Building B are essentially the same design, except that Building A has two cupolas while Building B has one. Commissioner Youngman characterized the stream as an amenity rather than a hardship. She then asked about the proposed lighting for the exterior of the building, expressing her concerns about the potential of that lighting shooting upward and causing glare in the skies rather than on adjacent properties or rights-of-way. Mr. Jerry Gaston, consulting engineer representing the applicant, stated his client finds the conditions as recommended by the Planning Board are acceptable. He stated that he has worked with several different developers over the past 1 Y2 years on trying to develop a design which would work on this site. He characterized the site as a difficult one, particularly since it is important to gain maximum utilization of the land. He suggested that the additional . landscaping and stream enhancement projects should be given weight when considering this application, because of the asset they will provide in this entryway overlay corridor. Mr. Gaston stated it was his idea to add a deck to the east side of the smaller structure, to allow those who frequent this type of establishment an opportunity to enjoy the benefits of the stream enhancement project. He noted, however, that he has no problem in removing that deck from the plan, so that it does not jeopardize the entire project. He noted that relocation and enhancement of the stream will be done carefully, in accordance with the 310 permit. He further noted that, under a Supreme Court ruling, the amount of water entering a piece of property via a stream or ditch must exit the property via that same stream or ditch. He suggested that the Commission may wish to ask the City Attorney to review that court ruling, which he feels addresses the concerns of the Farmers' Canal Company. He noted that . representatives from Town Pump have indicated they would prefer not to execute a hold harmless agreement because they believe that the Supreme Court ruling and the 310 permit address all of the concerns; however, they will do so if that is a requirement for approval of this application. 03-06-95 - 29 - Mr. Gaston addressed the issue of lighting the exterior of the building. He stated that, through the use of lighting, the applicant proposes to enhance the architectural features of the buildings. He assured the Commission that this illumination will not result in glare onto adjacent properties or rights-of-way or into the sky. . City Manager Wysocki asked about the possibility of decreasing the width of pavement along the easternmost access to the site, and planting some landscaping along the south side of the driveway, as an extension of the landscape strip along the highway. He recognized that the strip of land between the stream and the access is not a part of the subject property; however, he suggested that the adjacent property owner would probably be willing to allow that section of his property to be improved. He also expressed concern that to have a wide strip of pavement for this access could encourage parking where parking is not planned; and narrower pavement would discourage that. The City Manager then expressed concern about the impacts which this proposed development might have on the residence immediately to the north. He suggested that no lighting be allowed on the north side of the northernmost structure, except for security lighting, . in an effort to mitigate those impacts. He further cautioned that allowing the consumption of alcoholic beverages in an outdoor setting when it is close to a residential area can create problems, as the Commission has seen in past years. Commissioner Frost questioned why two buildings are being proposed instead of one larger building. Mr. Gaston responded that having two buildings optimizes use of the site. He stated that, with two buildings, the applicant can also have more gaming machines on this parcel; and the buildings are set on the lot in a manner which meets the separation requirements in the State regulations. Commissioner Frost noted that the lighting detail on the site plan does not meet the zone code requirements for light fixtures. . Senior Planner Skelton noted that at the Planning Board meeting, there was discussion about the logo on the Lucky Lil's casino sign and whether it is appropriate, particularly in an entryway overlay corridor. He stated that if that logo were eliminated, the height of the sign could be lowered enough to meet code. He then indicated that the sign is to be located on a berm at the southwest corner of the site; and staff will be carefully monitoring the sign's 03-06-95 --.. "-" ." -_.._----~-_.,.- - 30 - placement to ensure that it is not any higher than the height allowed by the Commission, based on the elevation of the edge of the pavement. Senior Planner Skelton reminded the Commission that if impacts are identified, conditions must be developed to ensure that those impacts are adequately mitigated. He then . cautioned the Commission that if impacts are identified which cannot be adequately mitigated, then the conditional use permit must be disapproved. He forwarded the suggestion that freestanding signs could be deemed inappropriate on this site, and that signage be limited to facade-mounted signs only since property is located within an entryway overlay corridor. City Manager Wysocki cautioned that, given existing development and recently- approved developments in this immediate area, which are served by narrow, private streets, a cumulative negative parking effect will soon be felt; and he is concerned about those impacts. No one was present, except the applicant's representative, to speak in support of the application; and 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. Commissioner Stiff asked that the one-week waiting period not be waived, to allow him an opportunity to talk to the City Attorney prior to voting on this application. Discussion (continued) - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (10) The City Manager distributed copies of a letter he has drafted regarding HB440, and circulated a copy of HB440 and the index from the affected Chapter of the Montana Code Annotated among the Commissioners. He noted that the bill was originally submitted because of a resolution adopted at last year's League of Cities and Towns meeting; . however, the bill is much more comprehensive than was anticipated. He stated that the League's intent was to address concerns and problems arising from the State trying to impose regulations more restrictive than federal restrictions. Commissioner Frost stated this bill will be heard on Friday. He noted that a conversation with Alec Hansen, Executive Director of the Montana League of Cities and Towns, 03-06-95 -------- - 31 - revealed that a month ago, it appeared this bill was stopped; however, it is once again alive and may be passed if an acceptable alternative is not submitted. He then noted that not only is this a bad bill; the League is receiving bad press for sponsoring the bill. (11 ) The City Manager distributed copies of one of the first messages to be . printed in the newspaper under the City's new advertising campaign. ( 12) Commissioner Stueck stated that, based on the requirements of the current zone code, Montana Power Company has informed him that they will no longer lease lights for $10 per month; rather, they require that individuals purchase light fixture which will comply with the zone code requirements. He expressed concern about the financial impact this can have on the property owner or developer. Senior Planner Skelton responded that there are two paragraphs in the zone code devoted to lighting fixtures, prohibiting glare and requiring that lights be shielded so they do not infringe on adjacent properties or rights-of-way. He further noted that the zone code provides the regulatory standards which the previous Commission wanted to see implemented. ( 13) Commissioner Frost distributed copies of an article published in the February . 13, 1995 edition of the Capitol Monitor entitled Bill Repeals Environmental Laws, and an article published in the February 24, 1995 edition of the Big Sky Bugle entitled Montana's Anti- Environmentalists, regarding HB 440. He also distributed copies of an article published in the December 26, 1994/January 2, 1995 edition of Newsweek entitled The New Burb is a Village. (14) City Attorney Luwe stated that Mr. Yankowski is scheduled for a sentencing hearing within the next few weeks, after being convicted of criminal trespass by a second jury. He expressed concern that Mr. Yankowski does not yet recognize that what he did was wrong or that he needs rehabilitation. Adjournment - 8:14 D.m. There being no further business to come before the Commission at this time, it was . moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. 03-06-95 - -- ------ - 32 - J ATTEST: e~ ~ ;I ~Jl4~ ROBIN L. SULLIVAN Clerk of the Commission . . 03-06-95 -,,-- ~.