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HomeMy WebLinkAboutAgenda Packet 12-04-06_Agenda_1THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA AGENDA Monday, December 4, 2006 A. Call to Order - 6:00 PM - Community Room, Gallatin County Courthouse, 311 West Main B. Pledge of Allegiance and Moment of Silence C. Public Service Announcement - Stormwater (Johnson) D. Minutes - November 6, November 13 and November 27, 2006 *Consider a motion to approve the Minutes of November 6, November 13 and November 27, 2006 as submitted. E. Consent 1. Authorize payment of claims (LaMeres) 2. Adopt Commission Resolution No. 3981, Change Order No. 2 Durston Road SID 684 Project (Stodola) 3. Authorize City Manager to Sign Temporary Drainage Easement – Blackleaf Group, LLC (Stodola) 4. Approve Meadow Creek Subdivision, Phase 1 Final Plat (Cooper) *Consider a motion to approve Consent items 1 – 4 as listed above. F. Public Comment - Please state name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. There will also be an opportunity in conjunction with each agenda item for comments pertaining to that item. Please limit your comments to 3 minutes. G. Action Items 1. Presentation of the Contract Goal of the Bozeman Parking Garage (Fontenot) *Consider taking action if necessary. 2. Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209, continued from Nov. 6th - APPLICATION WITHDRAWN AT APPLICANT’S REQUEST (Kozub) *Consider a motion acknowledging receipt of the applicant’s request to withdraw their application for Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209. 3. Edgewood Townhomes Preliminary Planned Unit Development, #Z- 06149, continued from Nov. 6th - APPLICATION WITHDRAWN AT APPLICANT’S REQUEST (Skelton) *Consider a motion acknowledging receipt of the applicant’s request to withdraw their application for Edgewood Townhomes Preliminary Planned Unit Development, #Z- 06149. 4. Edgewood Townhomes Major Subdivision Preliminary Plat, #P-06041, continued from Nov. 6th - APPLICATION WITHDRAWN AT APPLICANT’S REQUEST (Skelton) *Consider a motion acknowledging receipt of the applicant’s request to withdraw their application for Edgewood Townhomes Major Subdivision Preliminary Plat, #P-06041. 5. Old Chicago Minor Subdivision Preliminary Plat Application #P-06054 – PUBLIC HEARING (Knight) *Consider a motion to conditionally approve the Old Chicago Minor Subdivision Preliminary Plat application, based on the Planning Board’s recommendation of conditional approval, with the conditions listed on Page 2 of Planning Board Resolution #P-06054. H. FYI/Discussion 1. Goals Discussion (Kukulski) 2. Affordable Housing Task Force Update (Brey) 3. South 19th Street Lights (Fontenot) I. Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Ron Brey, at 582 2306 (TDD 582 2301). Please note that agenda submissions must be received by the City Manager the Wednesday before the Commission Meeting. For further information please see the City of Bozeman webpage at www.bozeman.net Commission meetings are televised live on cable channel twenty. Repeats are aired at 5 PM on Wednesday and Friday and 1 PM on Sundays. LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 6, 2006 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main, on Monday, November 6, 2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Steve Kirchhoff, Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Public Works Director Debbie Arkell, Assistant Planning Director Chris Saunders, City Attorney Paul Luwe, and City Clerk Brit Fontenot. 0:10:07 [18:03:15] A. Call to Order - 6:00 p.m. - Community Room, Gallatin County Courthouse, 311 West Main 0:10:09 [18:03:17] B. Pledge of Allegiance and Moment of Silence 0:10:56 [18:04:04] Changes to the agenda Mayor Krauss asked City Manager Kukulski about any changes to the agenda. Mr. Kukulski responded that there has been a request to continue the public hearing, Edgewood Townhomes Preliminary Planned Unit Development, #Z-06149, to December 4, 2006. 0:11:42 [18:04:58] C. Public Service Announcement(s) - 911 Mil Levy (Cashell/Rosenberry) Anna Rosenberry, City of Bozeman Finance Director informed the public about the 911 ballot issue in the context of financial matters. Gallatin County Sheriff Jim Cashell stated the top 10 reasons for supporting the 911 Mil Levy. Public Works Director Debbie Arkell updated the public on the progress of the construction of Durston Road. 0:18:06 [22:54:26] D. Minutes - October 16, October 20 (Joint City-County Meeting), and October 30, 2006 0:18:09 [18:11:23] Motion and Vote to approve the minutes for October 16, October 20 (Joint City-County Meeting), and October 30, 2006 as submitted. It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the minutes for October 16, October 20 (Joint City-County Meeting), and October 30, 2006 as submitted. 2 Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. The motion carried. 0:18:22 [18:11:24] E. Consent 1. Authorize payment of claims (LaMeres) 2. Authorize City Manager to sign State Lands East Annexation Agreement (Cooper) 3. Approve Resolution 3974, Resolution of Annexation for State Lands East (Cooper) 4. Provisionally adopt Ordinance 1677, Initial Zoning of State Lands East (Cooper) 5. Adopt Resolution 3975 declaring Mandeville Farm blighted (Kukulski) 6. Approve Morgan Annexation (part 46), #A-06010 7. Adopt Resolution 3976 transferring ownership of parking lots from the Parking Commission to the City of Bozeman (Luwe) 8. Approve Durston Road SID Project - Amendment No.4 to the Professional Services Agreement (Stodola) 9. Approve Hyalite Transmission Main Project - Amendment No.3 to the Professional Services Agreement (Stodola) 10. Authorize Mayor to sign Findings of Fact and Order for Meadow Creek Subdivision (Cooper) 11. Award contract for fire suppression system for Bogert Pavilion to Spring Corporation (Goehrung) 12. Award bid for Side Loader to Rocky Mountain Truck Center (Johnson) 13. Finally Adopt Ordinance 1676 Legends Zone Map Amendment (Bernard) 14. Approve Baxter Meadows Phase 3A Final Plat (Cooper) 15. Approve Bozeman Gateway Subdivision Planned Unit Development, Phase 3, Final Plat (Cooper) 16. Authorize City Manager to sign Wilda Lane Annexation Agreement (Cooper) 17. Adopt Resolution 3978 Wilda Lane Annexation (Cooper) 18. Adopt Ordinance 1679 Wilda Lane Zone Map Amendment (Cooper) 19. Authorize payment of Buttrey's Solvent Site Cost Recovery (Luwe) 20. Approve Oak Springs Subdivision, Phase 3, Final Plat (Cooper) 21. Authorize Mayor to sign Findings of Fact and Order for LeClair Minor Subdivision (Cooper) 22. Authorize Mayor to sign Findings of Fact and Order for Wierda Minor Subdivision (Cooper) 0:18:25 [18:11:49] F. Public Comment Mayor Krauss called for public comment on Consent Items E1 - E22. 0:18:45 [18:12:11] Public Comment - Deb Stober 3 Deb Stober resides at 395 North Valley Drive. She voiced concern about the Durston Road SID amendment and the contract increase due to a proposed engineering change. 0:20:52 [18:12:13] Mr. Kukulski Mr. Kukulski provided clarification on the Professional Services Agreement (E8 Approve Durston Road SID Project - Amendment No.4 to the Professional Services Agreement. 0:27:06 [18:19:40] Motion and Vote to approve consent items E1 - E22 as listed. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve consent items E1 - E22 as listed. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. The motion carried. 0:27:24 [18:20:40] F. Public Comment Mayor Krauss called for public comment. This was the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. There was also an opportunity in conjunction with each agenda item for comments pertaining to that item. 0:27:45 [18:21:08] Public Comment - Marty Lambert Marty Lambert resides at 1611 Willow Way. He opposes the Lincoln Park Condo project and suggested limiting dense development and restricting the proposal to maintain the single family character of the neighborhood. 0:30:17 [18:21:09] Public Comment - Savannah Barns Savannah Barns resides at 1602 Maple Lane. She is angry about having to appear before the Commission for the fourth time to protect their neighborhood. She resents feeling like a victim and opposes the Lincoln park Condos project. 0:33:14 [18:23:55] Public Comment - Joanne Wilke Joanne Wilke resides at 1665 Alder Court and opposes the revised Lincoln Park development plan. 0:36:49 [18:26:46] Public Comment - Michael Ivy Michael Ivy resides at 1407 South Rouse and asks that the Commission not delay the issue [of Edgewood Townhomes] and requested that the Commission proceed with testimony and follow-up with a vote. 0:40:01 [18:33:08] Public Comment - Deb Stober Deb Stober resides at 395 North Valley Drive. She seeks a date certain for the opening of Durston and Annie streets. She questioned the possibility of enacting ordinance limiting road closures and proposed a waiting list for construction. She is seeking a Valley Drive street sign on Durston Road. She asked the Commission to seriously consider the 4 number of blight designations being adopted and is upset about compact fluorescent light bulbs in the City. 0:42:55 [18:33:47] Public Comment - David Smith David Smith, President and CEO of the Bozeman Area Chamber of Commerce, stated that the road construction this year is a colossal failure and noted that some businesses in the construction zones have revenues half of what they would normally have. He suggested an allowance in sign codes for larger signs in construction areas. 0:47:12 [18:40:43] G. Action Items 0:47:20 [22:53:38] 1. Special Improvement Lighting District No. 696, Laurel Glen Subdivision Phase II (Rosenberry) - PUBLIC HEARING, open and continue to November 20, 2006. 0:47:30 [18:40:46] Staff Report Director of Finance Anna Rosenberry requested an open and continuance on the Special Improvement Lighting District No. 696, Laurel Glen Subdivision Phase II. 0:47:55 [18:41:08] Public Comment Mayor Krauss called for public comment. No person commented. 0:48:10 [18:41:12] Motion and Vote to continue to Nov. 20, 2006, the Special Improvement Lighting District No. 696, Laurel Glen Subdivision Phase II It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to continue to Nov. 20, 2006, the Special Improvement Lighting District No. 696, Laurel Glen Subdivision Phase II. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss. Those voting no being The motion carried. 0:48:40 [18:41:25] 2. Fire Master Plan (Winn) - PUBLIC HEARING 0:49:25 [18:41:55] Staff Report Director of Public Safety - Fire Services Chuck Winn presented the staff report and Fire Master Plan. 1:11:59 [18:42:51] Public Comment Mayor Krauss called for public comment. No person commented. 5 1:34:48 [19:09:10] Motion to adopt the amended fire protection master plan and formally adopt a 6 minute response time. It was moved by Cr. Jacobson, seconded by Cr. Becker, to adopt the amended fire protection master plan as the guiding document for our [City of Bozeman] future planning and formally adopt a 6 minute response time goal for the Bozeman fire department. 1:41:23 [19:13:32] Vote to adopt the amended fire protection master plan and formally adopt a 6 minute response time. [It was moved by Cr. Jacobson, seconded by Cr. Becker, to adopt the amended fire protection master plan as the guiding document for our [City of Bozeman] future planning and formally adopt a 6 minute response time goal for the Bozeman fire department.] Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss. Those voting No being none. The motion carried. 1:41:46 [19:14:40] Break Mayor Krauss called for a break. 1:54:06 [19:15:20] 3. Edgewood Townhomes Major Subdivision Preliminary Plat, #P-06041 opened and continued from August 28, 2006 (Skelton) 1:54:56 [19:16:39] Staff Report Senior Planner Dave Skelton presented the staff report. 2:04:42 [19:19:45] Public Comment Mayor Krauss called for public comment. 2:04:51 [19:20:52] Public Comment - Brian Gallik Attorney Brian Gallik, 35 N. Grand Avenue, appeared on behalf of his clients Jimmy and Sherry Pepper who are opposed to the pending application, including recent changes. He suggested that the Commission make decision based on the original application submitted months ago. 2:07:37 [19:22:28] Public Comment - Frank Munshower Frank Munshower resides at 1407 South Bozeman Avenue and is Chairman of the Executive Committee of the Bozeman Creek Neighborhood Association and requested a firm answer on whether this issue would be tabled. He also requested more notice before the Planning Dept. meets with the developer. 2:21:45 [19:36:20] Public Comment 6 Mayor Krauss called for further public comment. No person commented. 2:21:57 [19:36:49] Motion to continue the Edgewood Townhomes Major Subdivision Preliminary Plat, #P-06041 hearing to December 4, 2006. It was moved by Cr. Becker, seconded by Cr. Rupp, to continue the public hearing on the initial Edgewood Townhomes Major Subdivision preliminary plat application to December 4, 2006. 2:23:23 [19:49:25] Vote to continue the Edgewood Townhomes Major Subdivision Preliminary Plat, #P-06041hearing to December 4, 2006 [It was moved by Cr. Becker, seconded by Cr. Rupp, to continue the public hearing on the initial Edgewood Townhomes Major Subdivision preliminary plat application to December 4, 2006.] Those voting Aye being Crs. Becker, Rupp, Jacobson and Mayor Krauss. Those voting No being Cr. Kirchhoff. The motion carried. 2:23:34 [19:49:44] 4. Edgewood Townhomes Preliminary Planned Unit Development, #Z-06149, opened and continued from August 28, 2006 (Skelton) 2:23:39 [19:50:11] Staff report Senior Planner Dave Skelton presented the staff report. 2:24:18 [19:52:26] Public Comment Mayor Krauss called for public comment. 2:24:23 [19:53:10] Public Comment - Frank Munshower Frank Munshower resides at 1407 South Bozeman Avenue and is Chairman of the Executive Committee of the Bozeman Creek Neighborhood Association and requested that the City Planning Department notify the BCNA when they are meeting with the developer. 2:27:45 [19:56:41] Public Comment - Chuck Paden Chuck Paden resides at 507 Ice Pond Road. He requested clarification on whether or not the public will have the opportunity to comment on both Edgewood applications. 2:28:42 [19:57:22] Motion and Vote to continue the Edgewood Townhomes Preliminary Planned Unit Development, #Z-06149 to December 4, 2006. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to continue the Edgewood Townhomes Preliminary Planned Unit Development [the original application], #Z- 7 06149 to Dec. 4, 2006. Those voting Aye being Crs. Rupp, Jacobson, Becker and Mayor Krauss. Those voting No being Cr. Kirchhoff. The motion carried. 2:29:50 [19:59:09] 5. Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209, opened and continued from October 16, 2006 (Kozub) 2:30:11 [19:59:46] Staff report Planner Susan Kozub presented the staff report. 2:31:27 [20:00:20] Public Comment Mayor Krauss called for public comment. No person commented. 2:34:51 [20:11:09] Motion to continue the Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209 to Dec. 4, 2006. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to continue the Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209 to Dec. 4, 2006. 2:36:16 [20:12:29] Vote to continue the Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209 to Dec. 4, 2006. [It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to continue the Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209 to Dec. 4, 2006.] Those voting Aye being Crs. Becker and Mayor Krauss. Those voting No being Crs. Kirchhoff, Jacobson and Rupp. The motion failed. 2:40:07 [20:19:07] Substitute motion to continue the Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209 to Dec. 4, 2006. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, continue the Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209 to Dec. 4, 2006. 2:40:27 [20:19:14] Vote to continue the Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209 to Dec. 4, 2006. 8 [It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, continue the Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209 to Dec. 4, 2006.] Those voting Aye being Crs. Jacobson, Becker and Mayor Krauss. Those voting No being Crs. Kirchhoff and Rupp. The motion carried. 2:40:55 [20:19:40] Mayor Krauss Mayor Krauss requested from Mr. Luwe information about whether or not the Mayor can postpone hearings in the absence of the applicant. 2:41:57 [20:20:28] 6. Lincoln Park Condos Site Plan, #Z-06193 (Kozub) (Tabled from Oct. 16, 2006) 2:42:17 [20:21:27] Staff Report Planner Susan Kozub presented the staff report 2:47:06 [20:22:56] Commissioner Rupp Commissioner Rupp stated that he was absent on October 16, 2006 the meeting in which when this item was tabled. 2:50:46 [20:26:51] Applicant Catherine Konen of Gaston Engineering appeared on behalf of the applicant and Jeremy Shay, the applicant, appeared on his own behalf. 3:15:03 [20:43:08] Public Comment Mayor Krauss called for public comment. 3:15:33 [20:43:35] Public Comment - Marty Lambert Marty Lambert resides at 1611 Willow Way and suggests this is an illogical development in a college town when one takes into consideration the character of the neighborhood. The proposal does not providing a transition area between units and parking will be an issue. 3:19:07 [20:43:43] Public Comment - Joanne Wilke Joanne Wilke resides at 1665 Alder Court . She clarified that her earlier comments referred to the revised plan, she continues to oppose the development. 3:22:11 [20:43:55] Public Comment - Savannah Barnes Savannah Barnes resides at 1602 Maple Lane. She continues to oppose the Lincoln Park development. 3:23:52 [20:44:17] Public Comment - Mary Price Mary Price resides at 1615 Alder Court and while she appreciates the efforts by the developer to revise the plans but its still too dense. 9 3:24:29 [20:45:05] Public Comment - Brian Hamer Brian Hamer, no residence stated, states that if this area is too dense for R-1 zoning than the law should be changed. 3:27:08 [20:47:04] Applicant Response to public comment The applicant had no response. 3:46:24 [20:55:57] Motion and Vote to forward the Lincoln Park Condos Site Plan to DRC and return to the Commission on Nov. 20, 2006. It was moved by Cr. Becker, seconded by Cr. Jacobson, to forward the Lincoln Park Condos Site Plan, #Z-06193 revised application, to the Design Review Committee with the advice and comments provided by the Commission for DRC review and return to the Commission on Dec. 20, 2006. Those voting Aye being Crs. Becker, Jacobson, Kirchhoff and Mayor Krauss. Those voting No being Cr. Rupp. The motion carried. 3:48:20 [20:56:23] 7. Oak Meadows Condos Site Plan/Certificate of Appropriateness/Deviations (Krueger) [Tabled on October 23, 2006 with a motion on the floor and vote held in abeyance] 3:49:20 [20:57:18] Staff report Planner Brian Krueger presented the staff report. 3:51:21 [20:57:59] Applicant James Nicholson of Morrison-Maierle appeared for the applicant. 3:53:01 [20:59:02] Public Comment Mayor Krauss called for public comment. No person commented. 3:53:09 [21:00:04] Withdrawal of original motion by Commissioner Kirchhoff Commissioner Kirchhoff withdrew the original motion made on October 23, 2006: [It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to conditionally approve Oak Street Meadows Condos Site Plan/Certificate of Appropriateness/Deviations as conditioned by Planning Staff including the most recent one (a corrected condition that was requested by City Engineering) referenced by (Planner) Brian (Krueger)] 3:53:13 [22:26:39] Withdrawal of second to the original motion by Commissioner Becker 10 Commissioner Becker withdrew his second to the original motion (see original motion above). 3:53:39 [21:09:51] New Motion to approve Oak Meadows Condominiums Site Plan/Certificate of Appropriateness with Deviations as conditioned by Planning Staff. It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to approve Oak Meadows Condominiums Site Plan/Certificate of Appropriateness with Deviations as conditioned by Planning Staff in the November 6, 2006 staff report addendum and as shown on the October, 2006 site plan with one deviation to 18.16.050 "Yards" to allow a maximum encroachment of four feet into the required 20 foot rear yard setback on Lot 2, Block 5. RECOMMENDED CONDITIONS OF APPROVAL: Based on the previous analysis, the DRC, DRB and ADR staff find that the application, with conditions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following conditions of approval are recommended. Please note that these conditions are in addition to the required code provisions beginning on Pages 3 and 4 of the October 23, 2006 staff report. 1. A stronger urban building form shall be used along the Oak Street Corridor. An example of an appropriate build form is the Unit 5 model building. A strong corner presence shall be established at the corners of Oak Street and N. 14th Avenue and Lilac Avenue. The buildings along Oak Street shall have the primary entrance facing north and a pedestrian connection to the Oak Street trail. 2. A shared use Type IA trail constructed to City standards shall be provided in the setback area along Oak Street. The trail location should be coordinated with the City of Bozeman Parks Department. A preconstruction meeting is required with the City of Bozeman Parks Department prior to construction. 3. All proposed on-street parking shall be shown and designated on the final site plan with accurate hydrant locations, curb extensions, crosswalks, and site vision triangles depicted on that plan. 4. The landscape plan shall be revised to address the following: a) Accurate locations of the water and sewer, and utility lines shall be shown on the landscape plan. No tree may be closer than 10 feet to a utility line. Water and sewer lines shall be 11 routed to avoid the parking area landscape islands in order to protect the required tree canopy within the parking areas. b) Sidewalks shall be moved to one side of the parking area landscape island at the rear of unit #5’s in order to accommodate an additional tree in those areas. c) The proposed surface detention ponds shall be designed as amenities. The ponds shall be lined with native grasses, indigenous plants, and boulders to create a more natural site amenity. d) Additional seating areas shall be provided along the north/south trail corridor. e) Ground mounted mechanical equipment, including air exchange equipment, air conditioning condensers, and irrigation wells, are not permitted in the required yard setbacks or open space corridor and must be noted on the site plan and landscape plan, if proposed. 5. That the applicant provide on the site plan and exterior elevations the location of all roof-top and/or ground-mounted mechanical and utility equipment, including ground-mounted mechanical power and telephone boxes, irrigation wells, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the planning staff prior to issuance of a C.O.A. and Final Site Plan approval. 6. The color palette for the building shall include material samples and color chips for review and approval by the Planning Office, prior to Final Site Plan approval. All final building elevations shall be keyed to the color palette to delineate where each individual building material and color is specified. 7. All building/site signage anticipated shall be shown in the correct scale, size, and color on all final building elevations and perspectives submitted for final site plan approval. 8. The alternate design of unit #7 on Oak Street is required, that variety and use of colors be incorporated into the design, and shrub foundation plantings be used on street sides and internal locations of the buildings. 9. That the entire perimeter and center parkland trail of the site (i.e., driveways, sidewalks, egress/ingress points, setback landscaping, boulevard trees, and trail improvements) shall be installed with the initial phase of the 12 project, if phased construction is proposed. 10. That the applicant provide an access easement for the sidewalk system that services the condominium units that front on Oak Street. 11. That the applicant upon submitting the Final Site Plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the conditions of approval and code provisions have been satisfied 12. The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 13. 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. 14. 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. 15. Trees shall not be located within ten (10) feet of water and sewer service lines. 16. 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". 17. 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. 18. 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. 19. All existing utility and other easements must be shown on the FSP. 13 20. 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). 21. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 22. 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. 23. 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. 24. 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. 25. 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. 26. Regarding Condition No. 11, indicate the impact of the development on the previously approved storm water plan for the Oakwood Meadows Subdivision. Any storm water runoff that exceeds what was previously designed for shall be retained on site. 27. At the 21’ wide alleys provide the City standard alley approach instead of the radii shown. 14 28. Wherever parking shall not be allowed on the private streets the curb 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 ZON". No parking shall be allowed on the private streets and alleys less than 27 ft wide and parking may be allowed on one side of the 27 29 ft wide private street. 29. Plans and Specifications for water and sewer main extensions 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 unless approved for concurrent construction. 30. A 30 ft wide easement shall be provided for the water and sewer mains within the property prior to FSP approval. 31. Wherever sanitary sewer mains are not located under or accessed from improved streets, a 12 foot wide all weather access drive shall be constructed to provide necessary access. 32. A Public Access Easement shall be provided for the private streets thru the property prior to FSP approval Those voting Aye being Crs. Kirchhoff, Becker, Jacobson and Mayor Krauss. Those voting No being none. Those absent being Cr. Rupp. The motion carried. 3:54:40 [21:10:01] 8. Delaney/Indreland Fence, Phase II, Z-06239 - PUBLIC HEARING 3:55:11 [21:10:39] Staff report Director of Planning Andy Epple presented the staff report 3:58:35 [21:11:01] Applicant Ileana Inderland appeared on behalf of the applicant. 3:58:59 [21:11:16] Public Comment Mayor Krauss Called for public comment. No person commented. 15 4:02:53 [21:19:14] Motion and Vote to approve the Delaney/Indreland Fence, Phase II, Z-06239 It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve the Delaney/Indreland Fence, Phase II, Z-06239 as conditioned by planning staff. Conditions: 1. All proposed fences shall avoid the required site vision triangle at the alley and East Story Street intersection. 2. Prior to the issuance of a building permit, the applicant shall submit a detail for the proposed gate of Fence Type C. 3. Prior to the issuance of a building permit, the applicant shall submit a modified fence site plan that depicts Fence Type B as beginning at the 15-foot corner side yard line along East Story Street. 4. The applicant shall provide a color and materials palette for final design review and approval by Administrative Design Review Staff (including color of the concrete and rod iron fencing material). 5. The applicant shall obtain a building permit and pay all required fees prior to construction, and within one year of Certificate of Appropriateness approval or this approval shall become null and void. 6. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviations application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Unified Development Ordinance. Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss. Those voting No being none. The motion carried. 4:03:36 [22:28:03] Suspension of the Rules of Procedure to allow the meeting to continue past 10 PM. Mayor Krauss suspended the Rules of Procedure to allow the meeting to continue past 10 PM. 4:04:53 [21:20:57] 9. Morgan Zone Map Amendment, #A-06197 - PUBLIC HEARING 16 4:04:56 [21:21:44] Staff report Planner Martin Knight presented the staff report. 4:06:33 [21:24:13] Applicant Chris Budeski of Madison Engineering appeared for the applicant. 4:07:32 [21:24:19] Questions for the applicant There were no questions for the applicant. 4:07:51 [21:24:41] Public Comment Mayor Pro Tem Jacobson called for public comment. No person commented. 4:08:12 [21:29:41] Motion and Vote to approve the Morgan Zone Map Amendment, #A-06197. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Morgan Zone Map Amendment, #A-06197 with contingencies listed on page 2 of the Zoning Commission Resolution #Z-06197. Recommended Contingencies: 1. That the Ordinance of the Zone Map Amendment shall not be adopted until the Resolution of Annexation is signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the application shall be null and void. 2. That the applicant submit a zone amendment map, titled "Morgan tract 2 Zone Map Amendment", on a 24" by 36" mylar, 8 ½" by 11", or 8 ½" by 14" paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property and zoning districts, and total acreage of the property. 3. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the zone map. 17 Those voting Aye being Crs. Rupp, Kirchhoff, Becker and Mayor Pro Tem Jacobson. Those voting No being none. Those absent being Mayor Krauss. The motion carried. 4:09:02 [21:32:08] 10. Genesis Business Park Annexation, #A-06003 - PUBLIC HEARING 4:09:09 [21:34:31] Staff report Senior Planner Dave Skelton presented the staff report. 4:15:00 [21:35:52] Applicant Chris Budeski and Gene Gianforte appeared for the applicant. 4:19:21 [21:40:22] Motion to approve the Genesis Business Park Annexation, #A- 06003 It was moved by Cr. Becker, seconded by Commissioner Kirchhoff, to approve the request for annexation [Genesis Business Park Annexation, #A-06003 based on the terms and contingencies outlined in the staff report and direct staff to prepare an annexation agreement for signature by the parties.] Staff Recommendation: 1. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of S.I.D.'s for the following: a. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for the following streets 1) South 19th Avenue, 2) Graf Street, 3) South 27th Avenue, 4) Stucky Road, 5) Fowler Avenue, 6) Blackwood Road, and 7) applicable signalization improvements at said street intersections. b. Truck Sewer and Water Mains to service the property. The documents filed shall specify that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 18 2. Public street and utility easements shall be provided for South 19th Avenue unless adequate right of way already exists. 3. That the applicant execute at the Gallatin County Clerk & Recorder's Office a waiver of right-to-protest creation of S.I.D.'s for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 4. The property owner shall provide usable water rights, or cash in-lieu thereof, in the amount determined by the Director of Public Service at the time the property is annexed to the corporate limits to the City of Bozeman. 5. The property owner should be advised that prior to development of the property, the future developer(s) may be required to prepare, at their own expense, a comprehensive design report evaluating existing capacity of water and sewer utilities, storm water master plan and traffic impacts. 6. That at the time of any new development on the property, fire, street, water and wastewater impact fees will be assessed. 7. The Annexation Agreement should include notice that, prior to development, the developer will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's infrastructure Master Plan and all city policies and guidelines that may be in effect at the time of development. 8. The Annexation Agreement shall contain a section that the Landowner acknowledges and agrees that that future development will comply with the goals and policies of the Bozeman 2020 Community Plan, and having recognized the City's concern for implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, a Master Plan of the land use patterns and types for development of the property that addresses compatibility with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings, and visual integration shall be provided. 9. An Annexation Map, titled "Genesis Business Park Annexation Map" with a legal description of the property and adjoining rights-of-way and/or street access easements (i.e., Griffin Drive and Manley Road) shall be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18" by 24"), a reduced 8 ½" x 11" or 8 ½" by 14" exhibit for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer's Office. This 19 map must be acceptable to the Director of Public Services and City Engineer's Office, and shall be submitted with the signed Annexation Agreement. 10. That the applicant execute an Annexation Agreement, which addresses all contingencies and terms placed on the annexation application by the City Commission, shall be signed, notarized and returned to the City of Bozeman Planning & Community Development Department within sixty (60) days of distribution of the annexation agreement, unless another time period is specifically identified by the City Commission. 4:19:43 [21:41:20] Motion to amend the previous motion. It was moved by Cr. Rupp to amend the previous motion to include the conditions outlined in the Ainsworth letter of November 2, 2006. The motion to amend fails for the lack of a second. 4:20:04 [22:28:13] Vote to approve the Genesis Business Park Annexation, #A- 06003. It was moved by Cr. Becker, seconded by Commissioner Kirchhoff, to approve the request for annexation [Genesis Business Park Annexation, #A-06003 based on the terms and contingencies outlined in the staff report and direct staff to prepare an annexation agreement for signature by the parties.] See conditions above. Those voting Aye being Crs. Becker, Kirchhoff, Jacobson, Rupp and Mayor Krauss. Those voting No being none. The motion carried. 4:20:17 [21:43:22] 11. Genesis Business Park Zone Map Amendment, #Z-06133 - PUBLIC HEARING 4:20:23 [21:43:39] Staff Report Senior Planner Dave Skelton presented the staff report. 4:22:06 [21:44:35] Applicant The applicant did not have a presentation. 4:22:14 [21:45:31] Public Comment Mayor Krauss called for public comment. No person commented. 4:22:27 [21:45:43] Motion and Vote to approve the Genesis Business Park Zone Map Amendment, #Z-06133. 20 It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the Genesis Business Park Zone Map Amendment, #Z-06133 for an initial municipal "BP" zoning designation based on the recommendations outlined in the staff report and Zoning Commission Resolution #Z-06133. Staff Recommendations: 1. That the Ordinance of the Zone Map Amendment shall not be adopted until the Resolution of Annexation is signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the application shall be null and void. 2. That the Ordinance for the Zone Map Amendment shall not be adopted until the growth policy amendment to amend the Land Use Plan Element of the Bozeman 2020 Community Plan from "Residential" to "Business Park" is formally adopted by the City Commission. 3. That the applicant submit a zone amendment map, titled "Genesis Business Park Zone Map Amendment", on a 24" by 36" mylar, 8 ½" by 11" or 8 ½" by 14" paper exhibit, and two (2) digital copies of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall containing a metes and bounds legal description of the perimeter of the subject property, total acreage of the property and adjoining rights-of-way and/or street access easements. 4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description and map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the zone map. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss. Those voting No being none. The motion carried. 4:22:56 [21:45:52] Motion to suspend the Rules of Procedure in order to continue the meeting. It was moved by Cr. Becker, seconded by Jacobson, to continue to suspend the rules to continue the meeting. Those voting Aye being Crs. Becker, Jacobson and Rupp. Those voting No being Cr. Kirchhoff and Mayor Krauss. The motion carried. 21 4:23:57 [21:48:55] H. Non-Action Items 4:23:58 [21:46:05] 1. Lower Yards - removal/replacement costs and location suggestions (Arkell) 4:24:25 [21:46:30] Staff Report Debbie Arkell presented the staff report. 4:31:15 [21:57:02] 2. City Lands Inventory Report (Goehrung) This report was delayed to the following week. 4:31:22 [21:58:52] I. FYI/Discussion 4:31:24 [21:58:11] 1. Draft letter from the Commission supporting Streamline bustle back style busses. 4:36:16 [22:33:09] Mayor Krauss Mayor Krauss received the support of at least two additional Commissioners to endorse the letter from the Commission supporting Streamline bustle back style busses. 4:36:21 [22:04:17] 2. Willson/College Traffic Signal Installation 4:39:25 [22:07:17] Mayor Krauss Mayor Krauss questioned whether or not there was majority agreement on proceeding with the stoplight. He received the support of at least two additional Commissioners to place the issue of the Willson/College Traffic Signal Installation on a future agenda. 4:48:39 [22:20:35] 3. Commission Policy Meeting Schedule 4:57:06 [22:25:04] J. Adjournment Mayor Krauss adjourned the meeting at 10:57 PM. ______________________________ Jeffrey K. Krauss, Mayor ATTEST: ____________________________ Brit Fontenot, City Clerk 22 PREPARED BY: ______________________________________ Brit Fontenot, City Clerk Approved on ____________________.