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HomeMy WebLinkAboutJ2 Tie Vote Lincoln Park Condos Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot; City Clerk and Chris A. Kukulski, City Manager SUBJECT: Commissioner Sean Becker’s vote on Commissioner Steve Kirchhoff’s motion from November 20, 2006 MEETING DATE: November 27, 2006 BACKGROUND: On November 20, 2006 it was moved by Commissioner Steve Kirchhoff to approve application No. Z-06193, Lincoln Park Condos Site Plan, with the REVISED site plan and with the revised conditions and code provisions outlined in the staff memo (see attached excerpt of minutes). Commissioner Sean Becker was absent and therefore did not cast a vote at the November 20, 2006 meeting. The motion and vote are transcribed below: [It was moved by Cr. Kirchhoff, seconded by Mayor Krauss, to approve application No. Z- 06193, Lincoln Park Condos Site Plan, with the REVISED site plan and with the revised conditions and code provisions outlined in the staff memo.] Those voting Aye being Cr. Kirchhoff and Mayor Krauss. Those voting No being Crs. Jacobson and Rupp. The vote ties and will be broken by the vote of Commissioner Becker on November 27, 2006 based upon a review of the meeting minutes of November 20, 2006. The vote resulted in a 2 – 2 tie. RECOMMENDATION: After reviewing the audio and written record and stating such, Commissioner Sean Becker should cast a vote on the motion as it was recorded by the City Clerk on November 20, 2006. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, ____________________________ ____________________________ Brit Fontenot, City Clerk Chris A. Kukulski, City Manager Attachment: Excerpted Minutes from November 20, 2006 2 EXCERPTED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 20, 2006 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, November 20, 2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Cr. Steve Kirchhoff, Cr. Jeff Rupp, City Manager Chris Kukulski, Finance Director Anna Rosenberry, Public Works Director Debbie Arkell, Planning Director Andy Epple, Assistant City Attorney Tim Cooper, and City Clerk Brit Fontenot. 0:22:51 [18:15:29] 2. Lincoln Park Condos Site Plan, #Z-06193, continued from Nov. 6, 2006 (Epple for Kozub) 0:23:22 [18:15:18] Staff Report Planning Director Andy Epple presented the Staff report. 0:29:08 [18:15:37] Applicant Catherine Konen of Gaston Engineering appeared on behalf of the applicant. 0:29:24 [18:17:48] Public Comment Mayor Krauss called for public comment. 0:29:38 [18:19:59] Public Comment - Joanne Wilke Joanne Wilke resides at 1665 Alder Court and opposes the Lincoln Park Condominium development as proposed. 0:33:23 [18:20:08] Public Comment - Stacy Jackson Stacy Jackson resides at 1523 Alder Court and is concerned about the character of the neighborhood changing if the current proposal is approved. 0:34:40 [18:21:40] Public Comment - Jay Rutherford Jay Rutherford resides at 1721 West Kagy and appeared representing the Hawks Ridge Homeowners Association which supports the development of the Lincoln Park Condos as proposed and also speaking as MSU student and is concerned about he high cost of home ownership. 0:44:50 [18:30:35] Motion to approve application No. Z-06193, Lincoln Park Condos Site Plan, with the REVISED site plan and with the revised conditions and code provisions outlined in the staff memo. It was moved by Cr. Kirchhoff to approve [application No. Z-06193], Lincoln Park Condos Site Plan, with the REVISED site plan and with the revised conditions and code provisions outlined in the staff memo. Conditions of Approval: 3 1. The Annexation and Zone Map Amendment must be finalized prior to Final Site Plan approval. 2. Stormwater detention facilities shall not have a slope steeper than 25 percent and shall not make up more than one-third of the required front yard. 3. Regarding pedestrian circulation (Section 18.34.090.6): a. The pedestrian connection shall be constructed of concrete (minimum 6 feet in width) or asphalt (minimum of 10 feet in width), subject to review and approval by the Parks Department. b. The trail must either: 1) connect to both Maple Lane and to Alder Court or 2) connect directly to the sidewalk to be installed along Lincoln Road. c. The applicants/owners shall work with the condominium association to the south to coordinate the location (specifically the southern terminus) of the trail. 4. Regarding the relationship of site plan elements to conditions on and off the property (Section 18.34.090): a. The relocated house shall be on its own lot and not be part of the condominium association. b. The north elevations of the units along Lincoln Street shall include additional architectural features (including front porches with sidewalk connections to the sidewalk on Lincoln Road) to avoid presenting a “back” side to the streetscape. c. The covenants shall specify that no individual unit fences are allowed. 5. Regarding the impact of the project on parking and traffic conditions (Section 18.34.090.5): a. Garage doors must be setback at least 20 feet from the public access easement for Maple Lane and from the right-of-way line for Alder Court. Where driveways along the interior private drive are less than 20 feet, no parking signage shall be installed and shown on the Final Site Plan. No driveways will be permitted to be between 10 and 20 feet in length to avoid parked cars blocking the pedestrian facilities and the private drive aisle. b. The covenants must also specify these parking restrictions and the method of enforcement for parking problems. Revised parking calculations must be included with the Final Site Plan. 6. An 8 inch sanitary sewer main shall be extended down Alder Court Lane to the southern property line. 4 7. Provide a fire hydrant at the southwest corner of the Lincoln Street/Alder Court Lane intersection instead of the north side of Lincoln Street. Provide a City standard blow-off at the dead end of the Lincoln Street water main. 8. The 6” water main in Alder Court Lane does not meet City standard. The water main shall be 8” and extend to the southern property line. The water main extension is in excess of 500 ft and shall be looped. 9. Any unused water services to the property shall be properly abandoned at the main. 10. The private drive into the property shall connect to Maple Lane with a City standard approach not with curb radii as shown on the site plan. Both sides of the private drive shall have the curb painted red with white lettering that is at least 3” in height and signs every 35 feet that state “FIRE LANE/TOW AWAY ZONE”. The cul-de-sac shall meet Fire Department code requirements. 11. The minimum width of Maple Lane, from Lincoln Street to the southern property line, shall be 29 feet back of curb to back of curb. Curb and gutter, shall be provided on both sides of the street. Sidewalk shall be provided on the east side of the street. Also, the curb on the east side of the street shall be painted red with white lettering that is at least 3” in height and signs provided every 35 feet that state “FIRE LANE/TOW AWAY Report compiled on November 15, 2006 ZONE”. This is to allow parking on the west side of the street and provide a 20 foot minimum width for emergency vehicles. 12. Either a City standard sidewalk or extension of the linear park trail shall be provided on Lincoln Street. 13. City standard curb and gutter, boulevard, and sidewalk shall be provided on the west side of Alder Court Lane from Lincoln St to the southern property line. 14. Plans and Specifications for water and sewer main extensions, and streets and storm drainage facilities, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to City acceptance of the required infrastructure improvements. 15. A Public Access Easement shall be provided for the private drive within the property prior to FSP approval. 16. Prior to issuance of building permits for any new buildings in the development and upon availability of service, any existing residence/business on the property must be connected to City water and sewer utilities. The existing on-site treatment systems must be properly abandoned and certification provided the abandonment occurred. Any wells 5 presently used for domestic purpose can be retained for irrigation only with no physical connection to domestic water piping. UDO Code Provisions: a) Section 18.16.040 requires 5,000 square feet per single household residence. Section 18.80.1980 defines net residential density as the number of residences per buildable unit of land which would exclude the easement for Maple Lane, any easements for Lincoln Avenue, and the required parkland equivalent of 0.03 acres per dwelling unit (for the new units only). Exact density calculations must be submitted with the Final Site Plan. b) A subdivision exemption to aggregate and relocate lot lines must be approved prior to Final Site Plan approval in order to meet to meet Section 18.10.040 of the Unified Development Ordinance. c) Section 18.34.130 requires the applicant to submit seven (7) sets (bound together) of a Final Site Plan within six (6) months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. d) Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. e) Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground or wall-mounted equipment shall be screened with walls, fencing, or dense evergreen plant materials. The location of all mechanical equipment and the method of screening shall be shown on the Final Site Plan. f) Sections 18.42.150 requires a lighting plan for all on-site lighting including wall-mounted lights on the building must be included in the Final Site Plan submittal. All lights must be full cutoff. Lighting cut-sheets shall be provided with the Final Site Plan. g) All street and driveway vision triangles must be shown on the Final Site Plan in accordance with Section 18.44.100. On-street parking does not count within a street vision triangle. h) Section 18.46.020 specifies the required length and width of parking spaces. i) Section 18.46.040.E states that all developments shall provide adequate bicycle parking facilities to accommodate residents and guests. The location and details for the bike rack shall be provided in the Final Site Plan. j) The Final Site Submittal must indicate how the required 23 landscape points are being met in accordance with Chapter 18.48 without double counting. Note that any drought tolerant species proposed for points must be specifically denoted in the Landscape Schedule. The final landscape plan must be signed and certified by a landscape professional as outlined in Section 18.78.100. 6 k) Section 18.48.050.E requires one large canopy tree for each 50 feet of total street frontage (including Lincoln Road and Alder Court). Street tree permits must be obtained from the Forestry Division prior to installation. l) Section 18.50.110.F requires a 25-foot wide public access easement for the entire length of the north-south trail, which should be centered on the easement. m) Per Chapter 18.52, all signage, including any project identification signage, shall require a sign permit subject to review and approval by the Department of Planning & Community Development. Only one free-standing sign is permitted per lot. n) The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. o) A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), flow direction arrows, storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. p) Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. q) Trees shall not be located within ten (10) feet of water and sewer service lines. r) The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". s) The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. t) City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. u) All existing utility and other easements must be shown on the FSP. v) Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). w) Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 7 x) The Montana Department of Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. y) If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance. z) The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. Report compiled on November 15, 2006. aa) All construction activities shall comply with section 18.74.020.A.2. of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. 0:46:02 [18:31:35] Second, by Mayor Krauss, to Cr. Kirchhoff's motion to approve application No. Z-06193, Lincoln Park Condos Site Plan, with the REVISED site plan and with the revised conditions and code provisions outlined in the staff memo (see conditions and provisions above). Mayor Krauss handed the gavel to Commissioner Jacobson in order to second Commissioner Kirchhoff's motion to approve application No. Z-06193, Lincoln Park Condos Site Plan, with the REVISED site plan and with the revised conditions and code provisions outlined in the staff memo (see conditions and provisions above). 0:55:00 [18:39:05] Vote to approve application No. Z-06193, Lincoln Park Condos Site Plan, with the REVISED site plan and with the revised conditions and code provisions outlined in the staff memo (see conditions and provisions above). [It was moved by Cr. Kirchhoff, seconded by Mayor Krauss, to approve application No. Z- 06193, Lincoln Park Condos Site Plan, with the REVISED site plan and with the revised conditions and code provisions outlined in the staff memo (see conditions and provisions above).] Those voting Aye being Cr. Kirchhoff and Mayor Krauss. Those voting No being Crs. Jacobson and Rupp. The vote ties and will be broken by the vote of Commissioner Becker on November 27, 2006 based on a review of the meeting minutes of November 20, 2006.