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HomeMy WebLinkAbout1993-03-15 ccm --.--..,..- - . , ... MINUTES OF THE MEETING OF THE CITY COMMISSION BOlEMAN. MONTANA March 15. 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, \ Municipal Building, March 15, 1993, at 7:00 p.m. Present were Mayor Pro Tempore Vincent, Commissioner Frost, Commissioner Stiff, Commissioner Knapp, City Manager Wysocki, Assistant City Attorney Wordal and Clerk of the Commission Sullivan. Mayor Swanson was absent in compliance with Section 7-3-4322(2) M.C.A. 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 Mayor Pro Tempore Vincent noted that the Commissioners have just received the final .raft of the minutes for the regular meeting of March 8, 1993, and requested that action be deferred for a period of one week to allow time for review. Public hearing - Commission Resolution No. 2905 M Intent to create Soeciallmorovement District No. 657 for the ourpose of accomDlishing the engineerina certification of asohalt concrete street imorovements. storm drainaae. concrete curb and gutter. concrete sidewalk. and all necessary apourtenances to serve the Westfield Subdivision. Phase III This was the time and place set for the public hearing on Commission Resolution No. 2905, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2905 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 657 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN. CONSTRUCTION. . INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CONCRETE STREET IMPROVEMENTS. STORM DRAINAGE. CONCRETE CURB AND GUTTER. CONCRETE SIDEWALK. AND ALL NECESSARY APPURTENANCES TO SERVE THE WESTFIELD SUBDIVISION. PHASE III. IN THE CITY OF BOZEMAN. MONTANA. Mayor Pro Tempore Vincent opened the public hearing. 03-1 5-93 --.--..------ -..----- .....,--.... ..---_..,.-.- .... .- - --... ---..- - 2 - City Engineer Craig Brawner presented the staff report. He submitted to the Commission a fact sheet on the proposed special improvement district, which is for paving of Lexington Drive, located in Phase III of the Westfield Subdivision, to local street standards. He noted that those standards include paving, storm drainage, curb and gutter, and sidewalk improvements at an .estimated total project cost of $180,000. He stated that the special improvement district encompasses approximately 9.5 acres, which is to be divided into 29 single-family lots. He informed the Commission that, at the present time, the property is wholly owned by one developer, Clair Daines, who has submitted a letter of support for the district; and Carter Williams, who has a small interest in the property and has submitted a waiver of right to protest the creation of this district. City Engineer Brawner stated that the developer proposes to install water and sewer services to meet City standards, and finance the project on his own. He stated that the requested special improvement district does conform with the City's current SID policy. Mr. Dave Crawford, Thomas, Dean and Hoskins, consulting engineer representing Mr. Clair Daines, the applicant, stated that the City Engineer has covered the facts well, and indicated a .willingness to respond to any questions. Responding to Mayor Pro Tempore Vincent, City Engineer Brawner stated there is nothing unique about this project. He noted that the subject street is located in the third phase of a development that has occurred over the past few years; and the street meets the City's 37-foot- wide local street standards. No one was present to speak in opposition to the proposed special improvement district. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Pro Tempore Vincent; those voting No, none. . Mayor Pro Tempore Vincent closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the Commission authorize and direct staff to prepare a resolution of creation for the proposed special improvement district. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost and Mayor Pro Tempore Vincent; those voting No, none. 03-1 5-93 -- - .-- . .-- - 3 - Public hearing - Conditional Use Permit - Buz and Judy Cowdrey - to allow the construction of 4.3~4-sauare-foot day care center ,.nd the in,tallation Qf related site improvements - Lot 2. Block 1. University Square Subdivision (201 0 West Koch) (Z-9309) This was the time and place set for the public hearing on a Conditional Use permit to allow the construction of 4,334-square-foot day care center and the installation of related site .-mprovements to lot 2, Block 1, University Square Subdivision, as requested by BUl and Judy . Cowdrey under Application No. Z-9309. The subject site is more commonly located 2010 West Koch Street. Mayor Pro Tempore Vincent opened the public hearing. Associate Planner Kevin Wall presented the staff report. He stated that, because the subject parcel is zoned R-O, Residential--Office, a conditional use permit is required for a day care center. He stated that the subject parcel contains approximately. 51 acres and is currently vacant. He indicated that the applicant proposes to construct a 4,334-square-foot, one-story building on the subject site, which will cover 19.53 percent of the entire site. He stated that what appears to be a second story section, located in the center of the building, is designed to provide additional natural light for the facility rather than serving as additional floor space. . The Associate Planner stated that the applicant proposes to install an off-street parking lot along the east side of the structure, providing fourteen regular parking spaces plus one disabled parking space, which exceeds code requirements. He stated that a sidewalk is to be installed along the east side of the structure, between the parking lot and the building, to extend from the public sidewalk along West Koch Street to the south end of the site. He stated that an enclosed play area is proposed for the front yard, west side yard and rear yard; and it is to include a five-foot-high mound as a play element. He reviewed the landscaping that is to be provided on the site, which will include flowering crabs along the parking lot, screening along the east boundary, clumps of quaking aspen, Colorado spruce, and street trees in the boulevard area. The Planner reviewed the adjacent land uses, which include the University Square .ShoPPing Center to the north, multi-family residential to the south, east and southwest, and some small office development to the west. He stated that the subject parcel is part of a planned unit development previously approved that has now expired; and that PUD included the 32-unit multi- family residential development immediately to the south, plus a proposed day care facility at this location. 03-1 5-93 - 4 - Planner Wall stated that the Planning staff and the Development Review Committee have reviewed this application in light of the six criteria set forth in the zoning ordinance; and those findings are contained in the staff report. He briefly highlighted the findings, noting that staff concluded that this application is in general compliance. He centered much of his discussion on .the traffic impacts this project would generate. He stated that the subject site is just west of the intersection of two local streets; and is located two blocks from a minor arterial to the east, two blocks from a minor collector to the west, three blocks from a minor collector to the north, and three blocks from a minor arterial to the south. He stated that, given this grid of collector and arterial streets so close to the subject site, staff and the DRC determined that the traffic impacts from this project would be minimal. He informed the Commission that they are minimal, even though it is projected to generate 343.51 average trips per day, based on the ITE Trip Generation Manual, 5th Edition. He noted that at maximum residential density development, 50.49 trips per day would be generated; and under the zoning ordinance, that would be the maximum number of trips per day that could be generated for any non-residential use of the property. Associate Planner Wall stated that at its meeting of March 2, the City-County Planning .Board conducted its public hearing on this application. He stated that, following that public hearing, the Board voted to recommend approval, subject to 23 conditions. The Planner stated that during the Planning Board meeting, new information was submitted regarding the possibility of buses transporting children to the day care facility; and, as a result of that input, the Board revised Condition No. 14, as recommended by staff. He stated that, subsequent to the Planning Board meeting, he met with the Director of Public Service and a representative from the School District. He noted that, based on that conversation, staff would recommend that the condition be revised again to state" All loading and unloading of children will be done on-site rather than in the public right-of-way. This does not preclude school buses from loading and unloading in the public right-of-way as this practice is acceptable to the School District and the bus contractor." He stated that this revised language does not change the intent of the .condition as forwarded by the Planning Board but does more accurately reflect policies of the School District. Mr. Buz Cowdrey, applicant, indicated a willingness to respond to questions. Responding to Commissioner Frost, Planner Wall stated that under policies, school buses may not enter private property, but must stop in the public right-of-way. He stated that under this 03-1 5-93 - 5 - mechanism, the school bus actually serves as a bus stop to create safety for the children loading and unloading; and under the law, traffic must stop for the bus when it is stopped with red lights flashing. He further noted that policy requires the bus to stop in one lane of traffic, rather than pulling over to the curb. . Commissioner Frost stated his desire to see the sidewalk to the building extended from the public sidewalk to the curb, which will make it easier for the children who are loading or unloading. He suggested that, since the bus will not pull over to the curb, the sidewalk should possibly be extended for a distance along the curb, since there is a possibility that a car might be parked in front of the sidewalk. Commissioner Stiff stated an interest in hearing from the applicant on this proposal. Mr. Buz Cowdrey stated that this idea arose in previous discussions; and he is willing to take whatever steps are necessary to ensure the safety of the children. He then stated that they intend to provide adult supervision when the bus is loading and unloading children. Further responding to Commissioner Frost, Planner Wall stated that the Director of Public Service has indicated his desire to monitor the situation for a while, before determining that eainting of the curbs and installing of signs is necessary. City Manager Wysocki suggested that Condition No. 14 be expanded to include "working out loading and unloading problems with the Director of Public Service". He noted this will ensure that the situation is addressed, while providing latitude in arriving at the solution. Responding to Mayor Pro Tempore Vincent, Mr. Cowdrey stated that he is willing to accept the conditions as recommended, including the proposed revisions to Condition No. 14. Mrs. Joan Parker spoke in support of the proposed day care center. She stated her children are registered at the new facility, one currently two and one-half years old and one which is due next month. She recounted the problems she has incurred with finding acceptable babysitting facilities over the past two years as a working mother. She stated that when she first sought babysitting services two years ago, she visited four facilities, only two of which accepted .nfants. She noted that when she recently visited those same four facilities, only one accepted infants; and they were housed in a basement, with no natural light. Mrs. Parker stated that she works for Cikan Architects, which has an office close to the subject site; and her husband works at the Technology Park, which is also very close. She stated 03-1 5-93 - ----. -- -- ----.--- - 6 - that probably one of their current trips into that area will be utilized for picking up or dropping off the children, which will not create any additional trips on those streets. Mrs. Parker indicated her excitement about the new facility and what it can provide for her children. She also noted that Cari Fullerton, who will operate the day care center, has .contacted those with children registered at the center in an attempt to determine what needs must be addressed during construction and preparation for opening. She stated that the balance between play time and learning activities is very good. Mrs. Parker stated strong support for the proposed off-street parking, noting the importance of providing a safe area for loading and unloading of children that is close to the door. She noted that the southwest quadrant of the community is growing rapidly; and the entire community is booming. She stated that with the influx of people and children, the demands for day care center facilities such as this will increase substantially; and more of this type of facility may be needed in the next few years, particularly since the cost of housing often requires two incomes. Mrs. Parker encouraged the Commission to approve this application, so the facility can be .constructed as quickly as possible. Responding to City Manager Wysocki, the applicant indicated that the day care center will accommodate approximately 80 children. Mr. Cowdrey thanked the Planning staff for their assistance in this project. He encouraged the Commission to make its decision as quickly as possible, so they can get started on the project. No one was present to speak in opposition to the requested Conditional Use Permit. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Pro Tempore Vincent; those voting No, none. . Mayor Pro Tempore Vincent closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission waive the customary one-week waiting period for land use decisions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Pro Tempore Vincent; those voting No, none. 03-1 5-93 -- ---- - 7 - It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the Commission approve the Conditional Use permit to allow the construction of 4,334 square foot day care center and the installation of related site improvements to Lot 2, Block 1, University Square Subdivision, as requested by Buz and Judy Cowdrey under Application No. Z-9309, subject to the eOllOWing conditions: , 1 . Due to the trip generation created by the proposed lot coverage of the day care use (343.51 ADT proposed versus 50.49 ADT allowed for nonresidential uses), a variance from the lot coverage requirement of the R-Q District must be granted by the City Commission; 2. A bike rack which provides parking for at least two bicycles shall be provided; 3. In relation to the disabled parking space: A. In order to obtain the minimum required stall length of 18 feet, the wheel stop shall be eliminated. The width of the wheelchair ramp shall be reduced (minimum of 3 feet wide is acceptable) so that the proposed 5-foot wide curbwalk may act as a wheelstop for the disabled space. B. The disabled space shall be signed as such. A sign detail shall be provided on the final site plan; 4. The proposed 5-foot wide sidewalk adjacent to the parking area shall . be extended to the rear property line so that it may be connected to future development to the south. The southwest corner of the parking lot should be provided with a temporary curb and identified on the final site plan for future connection with the parking areas to the south; 5. An alternate to the patmore green ash shall be selected for the proposed boulevard trees. Section 18.50.1 00.D.5.e "Street Frontage landscaping Required" (pp. 134-135, 1/23/92 version) of the zoning ordinance lists acceptable species. A boulevard tree planting detail shall be provided; root barrier material should be utilized; 6. The final landscape plan shall earn a minimum of twenty three performance standard points as required by Section 18.50.100.D.6 "landscape Performance Standards" of the zoning ordinance (current plan has earned 18 points); 7. A sign design which conforms with the size, height, and setback requirements of the zoning ordinance shall be provided on the final site plan (24.5 square feet freestanding sign proposed not including the statues, 12 square feet allowed in the R-Q District); . 8. The proposed crab apple trees proposed for the space between the parking area and building shall be relocated to an area adjacent to the parking lot due to insufficient space for the canopies (along the fence between the rear play area and parking lot or along the eastern property line is acceptable); 9. All required setbacks shall be met and so noted on the final site plan (i.e., encroachment of canopies illustrated on elevations for north and west facades); 03-1 5-93 - 8 - 10. The final site plan shall include adequate dimensioning. The storm and sanitary sewers running through the property shall be depicted in the correct locations on the final site plan; 11. The stormwater drainage/treatment plan must be approved by the City Engineer. The following additional information or details must be provided or addressed: . A. Retention basin sizing for "area '" shall be provided to the Engineering Department. B. Pond inlet, emergency overflow, sidewalk chase and curb penetration details must be provided. The applicant should consider discharging the emergency overflow directly into the storm sewer located on the site in lieu of using the proposed sidewalk chase and curb penetration. C. A response to the question of why one pond is provided with emergency overflow and the other pond is not shall be provided to the Engineering Department; 12. The plan view of the drive approach shall be properly depicted on the final site plan for construction in accordance with the City's standard approach (Le., concrete apron, sidewalk section, and drop~curb). A City curb cut and sidewalk permit shall be obtained from the City Engineering office prior to final site plan approval; 13. Adequate snow storage must be designated outside the sight triangles, but on the subject property (unless an off-site snow storage easement . is obtained and filed with the County Clerk and Recorder); 14. All loading and unloading of children will be done on-site rather than in the public right~of-way. This does not preclude school buses if this practice is acceptable to the school district and its bus contractor. The applicant is to work out any loading and unloading problems (including, but not limited to, extension of the sidewalk to the curb, painting of the curb, and installation of signage) with the Director of Public Service; 15. The applicant shall provide evidence that all approvals have been obtained from all applicable state and local agencies prior to final site plan approval; 16. The right to use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure; 17. 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; . 18. That all conditions specifically stated under any Conditional Use listed in this ordinance shall apply and be adhered to by the owner of the land, successors or assigns; 19. That all of the special conditions shall be consented to in writing by the applicant; 20. 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 approved by the Planning Director within six months of the date of City Commission approval. Signed copies 03-1 5-93 .~--'-'_. - 9 - shall be retained by the City departments represented on the Development Review Committee, and one signed copy shall be retained by the applicant; 21. 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 site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that . Agreement; 22. A building permit 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. No site work, including excavation, may occur until a building permit is issued; and 23. If occupancy of the structure or commencement of the use is to occur prior to the installation of all improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost and Mayor Pro Tempore Vincent; those voting No, none. .PUbIiC hearina - Variance from Section 18.26.040 - Buz and Judv Cowdrey - to allow aDDroxlmatelv 19.5% lot coverage in lieu of 2.9% allowed bv the zonina ordinance as determined by proiected traffic generation for a DrODosed day care center in R-O District - Lot 2. Block 1. University Sauare Subdivision (2010 West Koch) (C-9305) This was the time and place set for the public hearing on the variance from Section 18.26.040 to allow approximately 19.5 percent lot coverage in lieu of 2.9 percent allowed by the zoning ordinance as determined by projected traffic generation for a proposed day care center in an R-O District (Residential--Office) for Lot 2, Block 1, University Square Subdivision, as requested by Buz and Judy Cowdrey under Application No. C-9305. The subject property is more commonly known as 2010 West Koch Street. Mayor Pro Tempore Vincent opened the public hearing. Associate Planner Kevin Wall presented the staff report. He stated that the subject project .s the same as the one considered in the Conditional Use Permit hearing in the above agenda item. He stated that the proposed 4,334-square-foot day care center is 6.8 times larger than what would be allowed under the zoning ordinance, based on the number of trips generated. He stated that if the trip generation limitation were imposed, the lot coverage could only be 643 square feet, for a total coverage of 2.9 percent since this is a non-residential use. 03-1 5-93 ~.- -- --- -...--- - 10 - The Associate Planner reminded the Commission that under the proposed application, 19.53 percent of the lot is to be covered. He further reminded the Commission of the information submitted during the previous public hearing pertaining to trip generation estimates. He noted that at 40-percent lot coverage for residential uses, 50.49 trips per day would be generated, while the <<roposed day care facility is projected to generate 343.51 average daily trips, based on the ITE Trip Generation Manual, 5th Edition. Associate Planner Wall stated that staff reviewed this application in light of the three criteria established by the Montana Supreme Court, which have also been set forth in the zoning ordinance. He stated that the staff findings have been included in the staff report, and briefly highlighted those findings. The Planner stated that staff reviewed the intent of the R-Q zoning district, determining that it is designed as a natural buffer between residential and commercial uses. He further noted that if the proposed day care center were located in any other allowable zoning district, it would not be subject to the limitations imposed by the trip generations, as it is in the R-Q zoning district. He stated that the proposed lot coverage is reasonable and not excessive. He explained that the .roposed lot coverage is only one-third of what is allowable for non-residential uses in the R-Q district, without taking into consideration the traffic generation issue; and it is only one-half of what is allowable for residential uses. Associate Planner Wall forwarded the staff's conclusions, stating that they find that the requested variance fulfills the three criteria set forth, and recommended approval of the requested variance. Mr. Buz Cowdrey, applicant, stated that at one time, they considered a two-story facility; however, he stated it was determined that a one-story facility would be much more convenient in caring for children. Commissioner Knapp stated that putting a one-story facility on this site is much more preferable than a multi-story facility. She further noted it is an honest attempt to provide a solution .0 an existing problem. No one was present to speak in opposition to the requested variance. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being 03-1 5-93 -...---.. - 11 - Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Pro Tempore Vincent; those voting No, none. Mayor Pro Tempore Vincent closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the .commission waive the customary one-week waiting period for land use decisions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Pro Tempore Vincent; those voting No, none. It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the Commission approve the variance from Section 18.26.040 to allow approximately 19.5 percent lot coverage in lieu of 2.9 percent allowed by the zoning ordinance as determined by projected traffic generation for a proposed day care center in an R-O District (Residential--Office) for Lot 2, Block 1, University Square Subdivision, as requested by Buz and Judy Cowdrey under Application No. C-9305. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost and Mayor Pro Tempore Vincent; those voting No, none. . Preliminary Dlat review for Bridger Peaks Estates Townhouses Subdivision. Phase 11- Ken and Jane Walker - subdivide Lots 3 and 8. Block 13A. and a Dortion of Lot 7. Block 13. Bridaer Peaks Estates Subdivision. Phase III. into residential townhouse lots (north of Babcock Street. south of Broadwater Street. and on the east sides of Meaaher Avenue) (P-9303) This was the time and place set for review of the preliminary plat for Bridger Peaks Estates Townhouses Subdivision, Phase II, to subdivide Lots 3 and 8, Block 13A, and a portion of Lot 7, Block 13 in the Bridger Peaks Subdivision, Phase III, into residential townhouse lots, as requested by Ken and Jane Walker under Application No. P-9303. The subject property is more commonly located north of West Babcock Street, south of Broadwater Street, and on the east sides of Meagher Avenue. Associate Planner Debbie Arkell presented the staff report. She stated that this application .s for a planned unit development on Lots 3 and 8, Block 13A, and a portion of Lot 4 and all of Lot 7, Block 13, Bridger Peaks Estates Subdivision, Phase III. She noted that under this application, the subject 3.773 acres will be divided into 32 single-family townhouse lots. She stated that this application is the same as the 32-unit condominium project which was approved through the major site plan review process in July 1992. 03-1 5-93 -.-..-.. ~ - ... - 12 - Associate Planner Arkell reviewed the differences between condominiums and townhouses, which include: (1) when buying a condominium, one buys only a portion of the building; but when buying a townhouse, one buys the property in front of and behind the structure as well; (2) each condominium structure is served by one water and one sewer hookup; in a .townhouse, there is a separate water and sewer service for each unit; and (3) the Uniform Building Code requirements are different for condominiums and townhouses. The Planner then reviewed the similarities between condominiums and townhouses. She stated that the common open space for both is owned and maintained by the property owners' association. Planner Arkell stated that the applicant is seeking a subdivision planned unit development to relax the street standards for the project. She noted that, instead of the typical 60-foot street width, the applicant wishes to utilize 26-foot-wide private driveways, located within the 30-foot- wide water and sewer easements, for access from the public street to the individual units. Planner Arkell stated that at its meeting of March 2, the City-County Planning Board conducted its public hearing on this preliminary plat. She stated that the Board considered the .eight public interest criteria set forth in the Montana Code Annotated for review of subdivisions. She noted that, after reviewing the staff findings for each of the eight criteria, the Board determined that the proposed subdivision generally complies with those criteria. She further noted that there was no public present at that public hearing to speak on this item. The Planner stated that the Board concurred with staff's recommendation for approval of the preliminary plat, subject to thirteen conditions. She indicated that the Board waived the requirement for a new Environmental Impact Statement and a new Community Impact Statement because the subject parcel was already part of the EIS and CIS for Bridger Peaks Estates Subdivision. She stated that at that time, the maximum density of development was estimated at 84 units as opposed to the requested 32 units. Mr. Dennis Foreman, Gaston Engineering, indicated he is representing the applicant. He etated that the Planner has covered the information well; and he has nothing to add at this time. He then indicated that the applicant agrees with the conditions as recommended by the Planning Board. No one was present to speak in opposition to the proposed preliminary plat. 03-1 5-93 ... -.--.--.--- .. ...,.---.. .,". - 13 - It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the preliminary plat for Bridger Peaks Estates Townhouses Subdivision, Phase II, to subdivide Lots 3 and 8, Block 13A, and a portion of Lot 7, Block 13 in the Bridger Peaks Subdivision, Phase III, into residential townhouse lots, as requested by Ken and Jane Walker under .APPlication No. P-9303, subject to the following conditions as recommended by the City-County Planning Board: 1. That the final plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all appropriate documents and corrected certificates, as referenced herein; 2. That Montana Department of Health and Environmental Sciences approval of the subdivision must occur prior to final plat approval pursuant to Section 16.16.101 through 16.16.805, A.R.M.; 3. That the final construction plans and profiles for all water, sanitary sewer, storm drainage, fire hydrants and sidewalks shall be prepared and submitted for review and approval by the City Engineer pursuant to Chapter 16.26 of the Bozeman Area Subdivision Regulations; 4. That the developer reimburse the City for the cost of making street markers and stop signs, and the developer shall install the signs to the City standards, prior to final plat approval; 5. That sidewalks be installed in the rights-of-way as the phases of the . project develop, beginning with the sidewalks on Broadwater and Meagher adjacent to Block 13. Regardless of the timing of development, all sidewalks shall be installed within three years of the date of final plat approval; 6. That a "no access" note prohibiting direct access to Babcock Street be provided on the final plat; 7. That the correct lot areas, site statistics, and all common open space areas be correctly identified on the face of the final plat; 8. That the easements established on the plat be adequately referenced or described by a method acceptable to the City Engineer prior to final plat approval, and that the easements concur with the installed infrastructure; 9. That the common open space area in the southwest corner be expanded to include a 10-foot wide access from the private driveway to the open space area; . 10. That the common open space areas be used for snow storage and that no snow be plowed or stored onto private lots unless an easement is provided for the same. A note shall be placed on the final plat indicating that snow from the private driveway shall be stored in the common open space areas; 11. That a minimum 10-foot wide maintenance easement be provided on both sides of the irrigation ditch, and that the easement be centered on the centerline of the ditch and shown on the final plat. The exact location of the culverted Meagher Avenue crossing must be provided on the final plat; 03-1 5-93 .. -- .--,---.-- -..-,----..- "- "- . . - 14 - 12. That the existing structures on the property shall be removed prior to final plat approval. Appropriate demolition permits must be secured from the City Building Department prior to removal; 13. That the developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is to be approved prior to the .. installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. No building permit shall be issued for any lot until acceptable water, sewer and access is provided to such lot. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Pro Tempore Vincent, those voting No, none. Discussion - FYI Item, City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, .arCh 16, at the Courthouse, along with daily minutes for the week of March 1. (2) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, March 16, in the Commission Room at City Hall. (3) Copy of a letter from the Federal Emergency Management Agency, dated March 11, announcing that the City has maintained its Class 9 flood insurance rating, which results in a 5-percent premium discount to those residents obtaining or renewing insurance policies on or after October 1, 1993. (4) Agenda for the Development Review Committee meeting scheduled for 10:00 a.m. on Tuesday, March 16, at the Carnegie Building. (5) Agenda for the Design Review Board meeting scheduled for 4:00 p.m. on Tuesday, March 16, at the Carnegie Building. . (6) The City Manager reviewed the legislative schedule for this week, noting it contains several items which are important to local governments. He stated that on Wednesday, a contingent from Bozeman will attend the session at which gambling law changes will be considered, to ensure that the City's interests are protected. He noted that legislation to change the funding authority for the university system from the Board of Regents to the Legislature will 03-15-93 . . - 15 - be considered on Wednesday as well. He stated that 5B426 and 5B427, pertaining to mill levies related to special improvement districts and special bonding levies, will also be considered by the Senate Taxation Committee this week. The City Manager stated that on Friday, the subdivision bill will be up for discussion, along .With a couple other bills in which the City is interested. He stated that when City representatives ., are unable to attend the sessions, letters will be sent to forward comments for consideration during deliberations. (7) Commissioner Knapp stated that she gave a welcome on Thursday evening to Agriculture in the Schools. (8) Commissioner Frost stated that he attended Leadership Bozeman on Thursday, at which the topic was social services in Gallatin County. He characterized the session as very informative, noting that Bozeman has one of the highest teenage pregnancy rates in the state. (9) Commissioner Stiff submitted the following. (1) Attended the Big Sky basketball tournament, noting that the lady Cats did an "awesome job". (2) Thanked the Commission for authorizing his absence from the last two Commission meetings, on very short notice. He stated .that a visit to the Mayo Clinic confirmed what had been suspected following testing within the State; and he does have cancer. He then stated that he is dealing with the problem and does not expect to miss many, if any, Commission meetings in the future. (10) Assistant City Attorney Wordal submitted the following. ( 1) Stated that her workload has been heavy, citing two jury trials and one appeal trial in District Court last week as an example. (2) Announced that at MSU, there is a group called "STEPS" or "Students Toward Enhancement, Protection and Safety". She stated that they target peer groups, partially through the use of mock trials. She indicated that this year, the mock trial, scheduled for 6:00 p.m. on Saturday, April 24, will be for a DUI; and she has been selected as the prosecuting attorney. (11 ) Mayor Pro Tempore Vincent submitted the following. (1) Indicated that he may egO to Seattle this week; however, if he does not go, he plans to attend the Legislature at least one or two days. (2) Attended the Board of Health meeting on Wednesday, at which clean air and clean water code provisions were considered. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. 03-1 5-93 - -- "!. ,~ 11;. ., - 16 - Authorize City Manager to sian Chanae Order No.2 for the Water Treatment Plant EXDansion contract with Diamond Construction Claims It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons _0 complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Pro Tempore Vincent; those voting No, none. Adjournment - 8:25 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost and Mayor Pro Tempore Vincent; those voting No, none. . ---~C.\J~~ JO C. V CENT, Mayor Pro T mpore ATTEST: ~:J:J~ ROBIN l. SULLIVAN Clerk of tn!3Commissioh -- .n '_. -.- .~ . .- . . . . 03-1 5-93