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HomeMy WebLinkAbout25 - 05-07-2007_Reconsideration of the April 17, 2006 Commission M_25 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot City Clerk Chris Kukulski, City Manager SUBJECT: Reconsideration of approval of April 17, 2006 Commission meeting minutes and consideration of approval of amended April 17, 2006 Commission meeting minutes MEETING DATE: May 7, 2007 RECOMMENDATION: Take action(s) to reconsider the approval of the April 17, 2006 minutes and consider approving the April 17, 2006 minutes as amended. BACKGROUND: Ms. Hallie Rugheimer has requested the City Commission reconsider its approval of the above referenced minutes and approve an amended version which includes verbatim public comment not previously recorded. Using a video tape of the proceedings Ms. Rugheimer transcribed the comments which are included in the amended version. The transcript is attached hereto. By virtue of omission, the approved minutes contained inaccurate and possibly even misleading information. The Commission has the right, and in some instances the duty, to amend its minutes so as to make them speak the truth. Such amendments must be based upon written data, generally must be promptly made, and must not affect the rights of third parties. 210 Substantive changes are subject to objection, and in such cases, require a majority vote. Absent express authority in your rules to amend previously approved minutes, the Commission may rely on its right to vote and reconsider its vote upon all measures before it, including previous minutes. A motion to reconsider would follow the usual course. It must be made by a Commissioner who voted with the prevailing side. On May 1, 2006, the Commission voted unanimously to approve the April 17, 2006 minutes. If the motion to reconsider approval of the April 17, 2006 minutes passes it would be followed by a motion to approve the amended minutes to “make them speak the truth.” For the sake of expediency, the aforementioned actions may be combined. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, _________________________________ ____________________________ Brit Fontenot, City Clerk Chris A. Kukulski, City Manager Attachments: October 19, 2006 E-mail from Hallie Rugheimer, Approved April 17, 2007 Commission meeting minutes, Amended April 17, 2006 Commission meeting minutes Report compiled on May 2, 2007 211 From: Hallie Rugheimer [mailto:hallie@imt.net] Sent: Thu 10/19/2006 10:44 AM To: Brit Fontenot Subject: Re: addendum to April 17, 06 City Com. minutes Thanks Brit, Appreciate that this public input issue can be addressed. I think there were a number of weeks (months?) where much in the office after Ms. Sullivan left was not given proper handling. I appreciate that these minutes of April 17, 2006 be more accurate in their reflection of the meeting especially the documentation (and names and addresses) and comments of the public who were addressing commission during the Legends II part of the meeting. Sean Becker will stay on top of this also. Hallie Rugheimer On Oct 19, 2006, at 8:40 AM, Brit Fontenot wrote: Mrs. Rugheimer, Commissioner Becker forwarded your inquiry to me yesterday. I am researching a procedure to amend minutes once they have already been approved. As you can see from the excerpt from the City of Bozeman – Rules of Procedure (below), it only addresses amendments “Prior to approval”. I will contact you as soon as I have more information. Thank you and please do not hesitate to call me directly at 582-2321. Regards, Brit Fontenot City Clerk X. MINUTES Minutes of all meetings shall be recorded. Minutes shall be approved by the Commission. It shall not be necessary to formally read the minutes prior to approval. Such minutes may be revised by the City Clerk to correct spelling, numbering and other such technical defects. Prior to approval, any Commissioner may, through the Mayor or the Clerk, request the privilege of amending or correcting the minutes to accurately reflect the substance of the prior meeting. If objection is made by any Commission 212 member to such amendment or correction, a majority vote of the Commission shall be necessary for adoption of the correction or amendment. From:Sean Becker Sent:Tuesday, October 17, 2006 9:48 PM To: Brit Fontenot Subject:FW: addendum to April 17, 06 City Com. minutes FYI: From:Hallie Rugheimer [mailto:hallie@imt.net] Sent: Fri 10/13/2006 11:25 AM To: Sean Becker Subject:Re: addendum to April 17, 06 City Com. minutes Hello Sean, Just to follow up on the progress on re-submitting the minutes of April 17, 2006. Do you have all the information needed and has there been commission / clerk action on this? I would be glad to be pro-active on getting any needed information: video, transcribed notes, etc. Thanks for a reply and your efforts on this. Hallie On Sep 5, 2006, at 10:47 PM, Sean Becker wrote: > Hallie, > > Thanks for your follow-up. I have submitted a request to the Clerk of > the Commission to update and re-submit the minutes of April 17 to the > Commission. I'll let you know if any obstacles arise. > > In service, > > > Sean Becker > > Commissioner, City ofBozeman > Integrity, Leadership, Service, Teamwork > > PO Box 1230 > Bozeman,MT 59771 > Phone: (406) 581-7571 213 > sbecker@bozeman.net <mailto:sbecker@bozeman.net> > > This e-mail account and all communications via bozeman.net are a > matter of public record. If you have received this communication in > error, please notify sender immediately. Thank you. > > ________________________________ > > From: Hallie Rugheimer [mailto:hallie@imt.net] > Sent: Tue 9/5/2006 10:30 PM > To: Sean Becker > Cc: Jeff Krauss > Subject: addendum to April 17, 06 City Com. minutes > > > Thank you Sean for allowing me to submit the transcription (from > Video) of the comments made by the public at the meeting of April 17, > '06. It concerned the Legends II subdivision. Since Devonmissed > writing any comments by members of the public (see his minutes of > April 17, '06) I feel it important to put this as an addendum to same. > Name corrections and addresses have been made. > Jeff Krauss has the copy of the video and hard copy of his own of this > transcription. Please let me know how this is handled. > And thank the two of you for being a part of the "standing round" at > the landfill today. I see some hope with the concluding remarks made > by all the citizens, Jeff K., and especially by Steve Johnson. May his > last 7 years before retirement be spent producing the best solid waste > management plan forBozemanwhere there existed only a wasteland of > garbage indecision and expedient process. May his input and leadership > in joining the Co. Solid Waste District be fruitful. May we never see > garbage dumps 40 feet high over our heads as we stood on pavement at > the last station at the landfill!!! Thanks! Guys! > Hallie Rugheimer > > Comments by the Public @ City commission - Mon. April 17, 2006 - > transcriptions from video. > > Kathy Campbell2205 Bridger Dr. > "A couple of things. I love the idea of narrower traffic streets, > lanes, green-ways for people to walk on. Encourages a community feel > more than just sidewalks and driveways that happen in so many other > subdivisions. I favor the original plan that had the road up the > middle of the subdivision. That makes much more sense for the > convenience of the people living in the subdivision. The experience of > hiking on the trail will be better if you don't have a road right next > to it. There is public access that would be visible. Bozemanites would 214 > appreciate it more to have the quiet of the trail as long as they have > easy access. Thank you." > > Dane Gamble 13 Hitching Post Rd. and greenskeeper at Bridger Creek > Golf Course. > > "I don't like the layout (pointing out Boylan Rd. moved to the north) > and the reason I don't like that layout, it puts a street close to > what is potentially a wildlife corridor. On the golf course, we've had > deer, bear, mountain lion and an elk once. Animals don't like streets. > Backyards they can live with. If you're worried about public access, > take it from me, I've seen public access into the golf course trail > system, on the golf course, which is private property. I don't think > I've ever run into a human being who if he wanted to find open space > has found a way to the open space. > With the location of the park on the northwest of this property > (Legends II) and running with Legends I, realistically and logically, > public access to open space and stream corridor should not be a > concern. This will be overcome by the people. > With this layout, it looks like we're trying to compound the increase > of human presence into that corridor coupled with vehicular - > construction trucks, snow plows, garbage trucks, delivery trucks. To > me it doesn't make sense and I hope that the commission supports the > original layout." > > Ted Lange Westridge Dr. GallatinValley Land Trust > > "Reiterating the comments from Gary's (of GVLT) letter. Overall, it's > a good project. Primary concern is the quality of the trail corridor. > With either of the layouts, we could support and appreciate that we > were given a choice. The importance of the trail corridor is the > potential for x-country skiing. The popularity of skiing at Bridger > Creek golf course, there is potential to extend that all along this > corridor and to have room for unobstructed skiing along the corridor." > > Paul Rugheimer > > " I'm part of the applicant team and also a neighbor. I grew up on the > property from age of 5 spending countless days from age 5 to high > school. While the city is moving closer to the creek, we're trying to > preserve what I enjoyed as a child while balancing that with a > subdivision. So that's the design we had - to try to protect all the > green we have, try to reduce the human interaction with pavement and > increase the human interaction with wildlife, wetlands and the creek. > That's why the neighbors and property owners are in favor of it. The > development team is in favor of it and I haven't heard one single 215 > public comment that favors the road next to the green space. The > Bozeman2020 community plan says, under Parks, Recreation, Pathways > and Open Space - Section 9.5.3 talks about Pathways. There are 3 > categories, the last one is what we're designing here - a trail > corridor. > (Quoting from the Section 9.5.3) 'These trail corridors are for the > most part not located along roads but instead weave and meander > throughout the community. Are frequently located along creeks or other > protected lands.' That is my summary. Thank you." > > Shawn Shahan 505 Alamosa Lane > > "I was involved with Creekwood. I'd like to express support for the > Legends II original layout for a couple of reasons. Number 1, concern > of public access and open space is pretty much taken care of. The > public does have access to this area and it is important that the > public does have access to the trails. Number 2 - one of my biggest > concerns with the road fronting the open space is that's where the > public is going to park. The safety concerns and the traffic flow in > the subdivision. It's hard to control dogs they just let them out of > the car. At a gathering point, there can be signage. It's easier to > monitor those things. I want to support the Rugheimers, the > development team, the existing neighbors as well as the staff and > commission. I ask that the project go forward." > > In replying to commissioner Krauss's question about the commission > vote on Creekwood, Mr. Shahan replied " The vote on Creekwood was 5 - > 0." > > The Legends II - Preliminary Plat (second agenda item) > Public Comment > > Dane Gamble 13 Hitching Post Rd. > > "Greenskeeper at Bridger Creek Golf Course and businessman in the > City. I respect the decision making process that the commission has > gone through. It's unfortunate that the neighbor comments were not > given more weight in that decision. One the Core Values that are shown > behind you, you have it that you have a statement about Teamwork - > 'Respecting others and welcoming citizen involvement'. And while > welcoming, at time I don't think citizen involvement is taken very > seriously. Hoping that the rest of the (Teamwork) statement 'working > together to achieve the best result'. Sometimes the best is > impossible. I buy products for my work place and find that often they > come in 3 different grades, good, better, best. Sometimes I can only > afford what's 'good'. In the Legends II original proposal we had 216 > something that was very good and the fact that could have been better, > sure. Could it be the best? Maybe if the city bought the entire > property and preserved it as open space. In some people's minds that > would be the best. But at my place of work, I'm not able to reach into > someone else's pocket in order to bring myself up from good to better > or from better to best. In a sense, the city commission is essentially > redesigning the subdivision on a napkin and has done just that. They > have reached into the pocket of the developers and changed the > proposal to fit a concept that the commission has. I respect Mayor > Krauss and his statement that what you should be considering is the > subdivision as presented to the commission. I hope that in future > proposals a little more weight is given to the work that is done by > the citizens. A lot of DRB time, community charettes that have taken > place. As a citizen who has participated in some of these and some in > prior instances of city decision making, I see it given very little > weight. It is very disappointing. Hopefully in the future, that will > change. Thank you." > > Hallie Rugheimer1400 Story Mill Rd. > > "It came to my attention while researching this support of Legends II > original plan. The really important meetings that go on here, called > the DRC (Design Review Committee) where people like the fire dept, > engineers, city staff, any number of people meet to go through the > same type of process that we're seeing with the boards and the > commission itself, if find that no one keeps minutes of those DRC > meetings. Why is this? There is certainly chance for input. The public > is invited to go. But when you go to look for a record of those DRC > meetings, there are no minutes. Can this be changed and should it be > changed? Thank you." 217 Page 1 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN MONTANA April 17 2006 The Commission ofthe City ofBozeman met in regular session in the Community Room Gallatin County Courthouse 311 West Main Street on Monday April 17 2006 at 6 00 p m Present were Mayor Jeff Krauss Cr Sean Becker Cr Jeff Rupp Cr Steve Kirchhoff Cr Kaaren Jacobson Acting City Manager Debbie Arkell Director ofPublic Safety Fire Chuck Winn Planning Director Andy Epple City Attorney Paul Luwe and Acting City Clerk Devin Harbour Pledle of Alleuiance and Moment of Silence The meeting was opened with the Pledge ofAllegiance and a moment ofsilence Minutes September 6 September 12 2005 and January 17 February 21 March 6 March 24 and March 27 April 3 and April 10 2006 It was moved by Cr Becker seconded by Cr Rupp that the minutes ofthe meetings ofSeptember 6 2005 and April 3 2006 be approved and April 10 2006 be approved as amended The motion carried Those voting Aye being Cr Becker Rupp Kirchhoff Jacobson and Mayor Krauss Those voting No being none Mayor Krauss deferred action on the minutes of the meetings of September 12 2005 and January 17 February 21 March 6 March 24 and March 27 2006 to a later date Consent Items City Manager Kukulski presented to the Commission the following Consent Items 1 Proclamation Declare April 2006 as Donate Life Month to coincide with national observance 2 Appointment of Cr Becker and Cr Rupp to sub committee to review pledged securities 04 17 2006 218 Page 2 3 Approval of special permit for the Emerson Cultural Center to sell beer and wine at the Emerson Cultural Center on April 21 2006 4 Provisionally adopt Ordinance1662 amending the City of Bozeman zone map by establishing initial municipal zoning designation of R 3 residential medium density district R 4 residential high density district and PU public lands and institutions on 226 acres situated west of S 19th Ave betwcen Stucky Road and Blackwood Road 5 Adopt Commission Resolution No 3905 providing for the annexation of a tract of land hereinafter described to the corporate city limits ofthe City ofBozcman and the extension ofthe boundaries of the City of Bozeman so as to include said tract 6 Adopt Commission Resolution No 3906 relating to 1 376 869 special improvemcnt district no 684 bonds fixing the form and details and providing for the execution and delivery thereof and security therefor 7 Authorize City Manager to sign Annexation Agreement for JCD Annexation commonly referred to as Meadow Creek Annexation 8 Authorize City Manager to sign Agreement with Morrison Maierle Inc for Professional Surveying Services for water main renovation projects 9 Claims It was moved by Cr Rupp seconded by Cr Kirchhoff that the Commission approve the Consent Items as listed above The motion carried Those voting Aye being Crs Rupp Kirchhoff Jacobson Becker and Mayor Krauss Those voting No being none Public comment No public comment was received Lel ends II at Bridl er Creek PUD CUP Application for Conditional Use Permit with four relaxations to Title 18 BMC on property located atthe intersection ofStorv Mill Road and Bridl er Canyon Drive Land West Consultinl LLC for Edlefield LLC Paul RUlheimer Peter RUlheimer and Marv Wictor Z 0602l This was the time and place set for the public hearing on the application for CUP with four relaxations to Title 18 BMC requested by Land West Consulting LLC for Edgetield LLC Paul Rugheimer Peter Rugheimer and Mary Wictor under Application No Z 06021 The subject property is located at the northeast of the intersection of Story Mill Road and Bridger Canyon Drive Public hearing Mayor Krauss opened the public hearing 04 17 2006 219 Page 3 Contract Planner Lanette Windemaker presented the staff report She noted that staff hasreviewed the application in light of the applicable criteria and staff s findings are contained in the staff report Staff has forwarded a recommendation of conditional approval She noted that this subdivision has a density of 5 7 dwelling units per acre and looking at how it fits into the neighborhood and the adjoining area they believe it will fit well There is one unresolved issue If Boylan Road is moved to the north she wants to add a condition to allow additional lots to be created after moving the road She concluded by stating that the applicants have submitted an alternative proposal Responding to Mayor Krauss Ms Windemaker noted Creekwood does have some open space that doesn t have lots backed into She also noted that there is a 25 feet of open space in between the lots Van Bryant Studio Architects noted that like Legends I this has been done by collecting owners and neighbors together The neighbors wereconcerned with connectivity to Bridger Creek The other was the understanding that at some point they may have service failures and need to tie into city services The owners primary objective was the protection of the creek corridor The development team had goals that went along with what was created in the Creekwood development One was the placement of the park the Legends II park was placed next to it so it could become a larger area Another was that the road connect Creekwood and Legends I He noted they were advised to look at the Boylan Road layout and as a result there are more smaller lots in this plan He noted that there is no open space access requirement He noted some other positive attributes One is that 41 ofthe development is parks or open space and trail connections from Bridger Creek to Legends I There is a master plan park area with soccer field playground restrooms and parking space A PUD project requires 20 points to compensate for relaxations this projects has 110 points and all space is dedicated to open space Responding to Cr Becker Mr Bryant noted the original intent was to have more buffer between the buildings There is a sidewalk in the open space and when it narrows the sidewalk goes to each building Cr Becker noted the pinch points that occur in Legends I where the full 25 foot corridor wasn t in place He noted that looking at this layout it looks like there are a couple of pinch points He will request that a condition be provided to require a full 25 feet of space Responding to Cr Kirchhoff Mr Bryant noted they have Boylan Drive and also have street loading parldng on either side of the street in the alley configuration By adding the open space along Boylan Road there will be more room for parking Mayor Krauss noted this isn t a standard subdivision and why they went with the green spaces and why that fit the idea versus what they could have done without relaxations Mr Bryant noted that the key was to listen to the neighbors to the south of the property and how much they enjoyed the Bridger Creek access and protection He stated that it s tough to try and meet the 04 17 2006 220 Page 4 cities expectation ofdensity with the constraints with this subdivision This is a hybrid and they have tried to create a sense ofcommunity and allow neighbors to the south to move up to the creek It was a genesis of trying to solve with a challenging piece of infill property The following people spoke at the public hearing Cathy Gamble 2205 Bridger Drive Kain Gamble 13 Hitching Post Road Ted Lang Gallatin Valley Land Trust Paul Rugheimer neighbor Shane Cheney 505 Alamosa Lane Mr Bryant noted that with additional neighbor comments he hasn t much to add The one thing that isn t shown is additional access for where there will be a clubhouse and controlled parking Responding to Cr Jacobson Ms Windemaker noted there has been flooding along this crcek but she s not sure if it has flooded in this area She added that the next application deals with the flood plain Responding to Cr Becker Ms Windemaker noted they were just throwing out an alternate proposal with how they could address Condition Four She noted that there are also about 20 21 RSL lots in the plan and reminded the Commission that CAHAB has conditions in the plat for cash in lieu ofRSL requirements Commission Discussion Cr Kirchhoff noted that he thinks we are looking at subdivision that s ok in some respects in some areas He was with the Commission that approved Creekwood and the same Commission that saw the pre application He doesn t think the redraw really works and thinks the previous Commission meant they wanted the street to be the corridor between the built environment and the natural corridor What it comes down to is what really matters is separation and control of access As long as there is good separation it doesn t really matter what it is That might be preferable to some and not to others He stated that this is one of those times in which the Commission and the applicant don t agree He stated that he would like to see no lots to the north of Boylan Road and have the road pulled along the open space and they can control the entryway with a fence and kiosk He concluded by stating that he isn t satisfied with the applicant s redraw Cr Jacobson said that she agrees with Cr Kirchhoff She likes the plan south of Boylan Road and would like to live there because she likes the fact that this encourages neighborhood engagement She added that she can see why they would want to build close to the stream corridor because that is an amenity but thinks it would be ajewel to the county if the area north of Boylan Road were left as open space and trails so the trails wouldn t be squeezed right up to the creek She noted that when she wasout there she saw a deer and then she saw a dog was chasing it there is interference with the wildlife and nobody is living there now She stated that moving the road doesn t make a difference with the wildlife habitat 04 17 2006 221 Page 5 Cr Becker noted that he sat through the hearings in October In terms of specific direction he thinks the plan meets the requests that were asked of the developer s team He stated concern for an apparent lack of transparent egress and the development seemed to be promoting private space He believes the second attempt addresses those concerns and provides for an alternative that is conducive to community ideals with respect to open space His only concern is the pinch points but is supportive of the second layout Cr Rupp noted that the applicant should be proud ofthe points total He stated that he doesn t have a problem with the yards greenway etc but would prefer to have both street and sidewalks He noted that he doesn t think it s very friendly but understands the tradeoff He also noted that the trail corridor seems to be too narrow and would like to err on the side of open space Mayor Krauss noted that Lot 38 24 and 19 seem to impinge upon the corridor those three lots are the ones that seem to need to be trimmed back to keep pinch points from occurring He stated that he thinks the relaxations that are being requested are the result of an innovative design He noted that they have an innovative design that scores 100 points in open space He stated that the original design which can be addressed by modifying three lots ties the subdivision to the east with the parks to the west The intent of the UDO was to have urban parks which are designed to urban standards He stated that he supports the original proposed plan Plan A and likes the GVL T and their statement about pedestrian and bike corridors He stated that the park is 100 fronted and the open space is generous and dedicated to the public and we will have a skiing corridor and a recreation corridor He likes that the neighbors support it Cr Rupp noted he s not in favor ofeither option but it seems that Cr Kirchhoff s proposal has the possibility to create the corridor that he s looking for Cr Jacobson noted that she doesn t think that s an ideal trail system for the public to be walking that close to somebodies back yard She noted that the alternative plan presented Plan B with the road moved to the north only provides a boundary to the open space on a very small part of it and the buffer to the creek really isn t there Mr Bryant assumed that if the road goes completely to the north there will be some reconfiguration He noted that they are happy to add acondition that requires they meet with staff to have a minimum allowance for the trail corridor Director Epple noted that staff had recognized that on the far east where Boylan Road meets Creekwood the road has to go where it is because of connecting Mr Bryant noted they would like to go with Plan A because it s the most supported plan by neighbors and represents the most agency input and because he thinks it follows the topography better Cr Kirchhoff noted that there is only one Bridger Creek and once it s done it s done People will come and go but the lot lines will stay He noted that all ofthese design elements are design choices He stated that he hopes the developer can respect the spirit and the intent or moving the road to open the corridor up He also stated that he wants to allow the easternmost lots where this meets Creekwood Decision 04 17 2006 222 Page 6 It was moved by Cr Kirchhoff seconded by Cr Jacobson to approve the alternative plan as presented by the applicant for PUD CUP Application for Conditional Use Permit with four relaxations to Title IS BMC on property located at the intersection ofStory Mill Road and Bridger Canyon Drive as requested by Land West Consulting LLC for Edgefield LLC Paul Rugheimer Peter Rugheimer and Mary Wictor subject to the following conditions 1 All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area 2 Fences located in the front side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of4 feet and shall be of an open construction This requirement shall be addressed and demonstrated in the covenants development guidelines 3 The developer shall landscape open space areas 3 4 5 6 7 9 10 11 and 12 in accordance with a landscaping plan which meets or exceed the standards ofChapter IS4S and achieves a minimum of 23 landscaping points 4 Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor and shall be located so that it does not restrict the trail corridor It is acceptable for additional lots located on the south side of Boylan Road to be created through the relocation of Boylan Road No lots shall be allowed to the north of Boylan Road with the exception of the six easternmost lots adjacent to Creekwood Subdivision The five lots remaining to the north of the road shall be reduced in size so as not encroach into the trail corridor 5 Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the following statement being placed in the covenants Per Section IS 16 050 A4 all vehicle entrances into garages shall be no closer than 20 feet to the property line public access easement line unless explicitly authorized by the Bozeman Municipal Code 6 The covenants shall indicate that the aggregation of lots shall not be permitted 7 The recreation building and associated parking lot shown in the park area will be subject to site plan review S The owner shall executed and submit the following documents prior to final plan approval a A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval orcorrections to comply with code provisions per Section IS 34 130 B 04 17 2006 223 Page 7 b A statement of intent to construct according to the final site plan Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section IS34 130 C c A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body 9 That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section IS 34 100 C l of the Bozeman Unified Development Ordinance 10 That all of the special conditions shall constitute restrictions running with the land use shall apply and be adhered to by the owner of the land successors or assigns shall be binding upon the owner of the land his successors or assigns shall be consented to in writing and shall be recorded as such with the County Clerk and Recorder s Office by the property owner prior to the issuance of any building permits final site plan approval or commencement of the conditional use pursuant to Section lS 34 100 C2 of the Bozeman Unified Development Ordinance 11 The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance The applicant is advised that unmet code provisions or code provisions that are not specifically listed as conditions of approval does not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law The motion carried Those voting Aye being Crs Kirchhoff Jacobson and Rupp Those voting No being Cr Becker and Mayor Krauss Break Mayor Krauss declared a break from 7 52 to S 04 p m Lelends II at Bridler Creek Preliminarv Plat Aoolication to subdivide 57 acres into 127 lots for sinlle household residential use roads allevs oarks and ooen soace areas on orooertv located at the intersection of Story Mill Road and Bridl er Canyon Drive Land West Consultinl LLC for Edlefield LLC Paul RUlheimer Peter RUlheimer and Marv Wictor P 06009 This was the time and place set for the public hearing on the application for Preliminary Plat to subdivide 57 acres into 127 lots for single household residential use roads alleys parks and open space areas on property located northeast ofthe intersection ofStory Mill Road and Bridger Canyon Drive 04 17 2006 224 Page S requested by Land West Consulting LLC for Edgefield LLC Paul Rugheimer Peter Rugheimer and Mary Wictor under Application No P 06009 Mayor Krauss opened the public hearing Contract Planner Windemaker presented the staff report She noted that staff has reviewed the application in light ofthe applicable criteria and staff s findings are contained in the staff report Staff has forwarded a recommendation of conditional approval She noted that because they are not building the street north to the property line at this time they do not have 100 right of way surrounding the park She noted that she wants to change Condition 4 to match the previous hearing Z 06021 She mentioned that CAHAB recommended cash in lieu ifthe developer wants to at the rate ofone buildable to three required She stated that there was discussion that these lots will be pricey and if they could get funding they may be able to buy more lots than what they could get in this subdivision Responding to the Commission Engineer Bob Murray noted that the intersection of Bridger Canyon Drive and Rouse will have to be signalized before they can get building permits The following people spoke at the public hearing Dane Gamble 13 Hitching Post Road Halley Rugheimer 1400 Story Mill Road Decision It was moved by Cr Jacobson seconded by Cr Becker to approve the Preliminary Plat Application to subdivide 57 acres into 127 lots for single household residential use roads alleys parks and open space areas onproperty located at the intersection of Story Mill Road and Bridger Canyon Drive requested by Land West Consulting LLC for Edgefield LLC Paul Rugheimer Peter Rugheimer and Mary Wictor subject to the following conditions 1 The 25 foot trail easement located along the western side of the property shall be not located within private lots 2 Per Section IS42 040 D a pedestrian walk shall be located within the 25 foot trail easement located along the western side of the property 3 Per Section IS44 090 Lot 1 needs to be provided with legal and physical access on Boylan Road with a minimum of 25 feet of frontage Lot 1 shall be of an adequate size to accommodate the building all required setbacks parking and access 04 17 2006 225 Page 9 4 Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor and shall be located so that it does not restrict the trail corridor It is acceptable for additional lots located on the south side of Boylan Road to be created through the relocation of Boylan Road No lots shall be allowed to the north of Boylan Road with the exception of the six easternmost lots adjacent to Creekwood Subdivision The five lots remaining to the north of the road shall be reduced in size so as not encroach into the trail corridor 5 Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission 6 Water rights or cash in lieu thereof as calculated by the Director ofPublic Service is due with the final plat 7 Sidewalks along park land shall be constructed to a six foot width to accommodate snow removal equipment 8 The park shall be titled Public Park The open space shall be titled Open Space Public Access Notes shall be included on the plat describing ownership and maintenance responsibility for both the park and open space e g public park dedicated to the city and maintained by the homeowners association and open space public access owned by the landowners maintained by the homeowners association etc 9 Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the following statement being placed in the covenants Per Section I8 16 050 AA all vehicle entrances into garages shall be no closer than 20 feet to the property line public access easement line unless explicitly authorized by the Bozeman Municipal Code 10 On the north side of Boylan Road the construction ofNorthview Street and other public improvements need not be extended to the property line subject to the following requirements either A An executed acknowledgement placed on the property to the north stating that the current owners their heirs successors and assigns shall be responsible for the construction ofthe proposed Northview Street and all other public improvements within said right of way from Boylan Road to the northern boundary line ofthis subdivision The acknowledgement shall be recorded with the Gallatin County Clerk and Recorder prior to the time of final plat recordation A copy of the executed and recorded documents shall be submitted with the final plat or 04 17 2006 226 Page 10 B 100 of the cost of construction of the improvements shall bc placed in an escrow account to be used for completion of these improvements in the future prior to final plat approval A copy of the executed documents shall be submitted with the final plat 11 Atsina Blackfeet Cree Medicine Wheel and Richau Lanes may be constructed as private streets within a 31 foot right of way subject to the following conditions and code provisions A Per Section lS44 020 A all streets within the proposed development shall be dedicated to the public B Per Section 1844 020 A2 b a permanent funding source such as the levying of assessments against all properties within the development for street maintenance is established and the funding levels will be adequate for all future private street maintenance C Per Section IS44 020 A2 b executed waivers of right to protest creation of special improvement districts SIDs or other perpctual legal instrument acknowledging that the City will not assume dedication and or maintenance of the streets unless the street is brought up to City standards or the property owners have agreed to an assessment to fund improvements required to bring the street up to City standards The waiver or other legal instrumcnt shall be recorded with the Gallatin County Clerk and Recorder atthe time of final plat recordation A copy of the executed documents shall be submitted with the final plat D Per Section IS44 020 A 2 c documented proof of adequate maintenance funding and scheduling for all private streets shall be provided subject to Section IS 72 040 E The right of way shall be increased to a minimum of 33 or public street and utility easements granted for the additional 2 for the purpose of future maintenance of the curb 12 Sidewalks need not beconstructed onAtsina Blackfeet Cree Medicine Wheel and Richau Lanes subject to the following statement being placed in the covenants All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area 13 Per the Preliminary Plat Storm Water Plan for the Legends atBridger Creek II by Morrison Maierle Inc A The minimum first floor elevations shall be designated on the final plat The minimum first floor elevation including basement shall be 2 feet or more above the base flood elevation B The Final Plat shall include a notation that although no lots are in the 1 OO year floodplain it is recommended that lot owners consider 04 17 2006 227 Page 11 obtaining flood insurance due to proximity and that it is recommended that lot owners consider construction ofstructures on suitable fill at an elevation no lower than the base flood elevation and extended for at least 15 feet at that elevation beyond the structure s in all directions 14 Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with cach Building Permit The Final Plat shall include a notation that due to high ground water conditions full orpartial basements are not recommended 15 Applicant shall provide a soils report along with building plans to the Building Division recommending types of foundations If development shall occur in phases the soils report may address those lots within the proposed phase 16 The following items shall be addressed in the Final Park Plan A The east to west trail along Bridger Creek should be a 6 foot wide natural fines trail and the plan should clearly show a connection to the undeveloped property at the east edge This trail should be constructed a sufficient distance from Bridger Creek so as not to be affected as the creek bed moves B An unobstructed 10 foot wide meandering corridor should be maintained east to west through the open space area to provide for a groomed ski trail during winter C The park land dedication requirement should be recalculated to not include the proposed clubhouse and associated road and parking area The area providing access to the restrooms at the north end of the clubhouse should be counted as park land dedication since the restrooms are intended to be open to the public D Uniform fencing or adequate landscaping should be required along the backyard property lines of all lots backing up to park or open space to avoid encroachment by owners and to reduce the possible conflicts between owners and trail users and pets This is especially important with those lots along the North ofthe property that border the trail area E Northview Street should not be extended north of Boylan until the adjacent property to the north is developed and Northview continues into it Until that time the east to west trail should continue straight across and not divert to the sidewalk F No concrete spectator area should be placed on the south side ofthe soccer field to allow for more usable turf area G All park amenities including park furniture and trees should be sited on the plan for Park Division approval 04 17 2006 228 Page 12 H Any construction or work within the dedicated park land and opcn space shall require preconstruction meetings and approval of the Parks Division 17 The owner shall executed and submit the following documents prior to final plan approval A A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section IS 34 130 B B A statement of intent to construct according to the final site plan Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section lS 34 130 C C A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body IS The final plat shall comply with the standards identified and referenccd in the Unified Development Ordinance The applicant is advised that unmet code provisions or code provisions that are not specifically listed as conditions of approval does not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law 19 Instead ofdedicating a minimum of 10 of the buildable net acreage to Restricted Size Lots RSLs the subdivider may pay a cash in lieu fee to the City the equivalent of 1 buildable RSL to 3 required RSLs Thepayment shall be calculated as the appraised value per square foot of developed land within that specific subdivision at a time not sooner than 30days prior to the time offinal plat approval 20 The covenant allowing aggregation of lots shall be removed and the covenants shall specifically state that no lots may be aggregated so as to reduce the number of buildable lots 21 Stormwater Master Plan A A Stormwater Master Plan for the subdivision for a system designed to remove solids silt oils grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer 04 17 2006 229 Page 13 B The master plan must depict the maximum sized retcntion basin location show location of and provide easements for adequate drainage ways within the subdivision to transport mnoff to the stormwater receiving channel Theplan shall include sufficient site grading and elevation information particularly for thc basin site drainage ways and finished lot grades typical stormwater detentionretention basin and discharge stmcture details basin sizing calculations and a stormwater maintenance plan e Any stormwater ponds located within a park or open space shall be designed and constmcted to be conducive to the normal use and maintenance of the open space Stormwater ponds for mnoff generated by the subdivision e g general lot runoff public or private streets common open space parks etc shall not be located on easements within privately owned lots D While the runoff from the individual lots will be dependent on the intensity of use on each lot the maximum sizing of thc storm retention facilities for each lot will be established based on maximum site development Final facility sizing may be rcviewed and reduced during design rcview of the FSP for each lot 22 Plans and specifications and a detailed design report for water and sewer main extensions storm sewer and the public street prepared by a Professional Engineer shall be provided to and approved by the City Engineer and 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 Constmction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre constmction conference has been conducted A No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements 23 All infrastmcture improvements including 1 water and sewer main extensions and 2 public streets curb gutter sidewalks fronting parks open space rear yard frontages or other non lot frontages and related storm drainage infrastmcture improvements shall be financially guaranteed or constructed prior to Final Plat approval A City standard residential sidewalks shall be constructed on all public street frontages ofa property prior to occupancy of any structure on the property Upon the third anniversary of the plat recordation of any phase ofthe subdivision any lot owner who has not constructed 04 17 2006 230 Page 14 said sidewalk shall without further notice construct within 30 days said sidewalk for their lot s regardless of whether other improvements have been made upon the lot This condition shall be included on the final plat for the subdivision 24 The location of existing water and sewer mains shall be properly depicted Proposed main extensions shall be noted as proposed 25 Flood plain A A Flood Plain Development Permit must be obtained from the City Engineer prior to any workbeing conducted within the limits of the delineated 100 year floodplain B The 100 year flood plain boundary and flood elevations must be depicted on the Final Plat Fill shall be placed in the location of the gaps in the catch of the delineated boundary to approximate the historic boundary 26 The Montana Fish Wildlife and Parks Gallatin County Conservation District Montana Department ofEnvironmental Quality and Army Corps ofEngineer s shall be contacted regarding the proposed project and any required permits i e 310 404 Turbidity exemption etc shall be obtained prior to Final Plat approval 27 Easements for the water and sewer main extensions shall be a minimum of 30 feet in width with the utility located in the center of the easement In no case shall the utility be less than 10 feet from the edge of easement 2S Project phasing shall be clearly defined including installation of infrastructure 29 The developer shall make arrangements with the City Engineer s office to provide addresses for all individual lots in the subdivision prior to filing ofthe final plat 30 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 IS 74 020 A l 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 31 All construction activities shall comply with section IS 74 020 A 2 of the Unified Development Ordinance This shall include routine cleaning sweeping ofmaterial 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 04 17 2006 231 Page 15 reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified 32 All streets within rights of way less than 60 shall be privately maintained For these streets the right ofway shall be increased to a minimum of33 or public street and utility easements granted for the additional 2 for the purpose of future maintenance of the curb 33 The sidewalks and trailswithin greenspace corridors shall be installed within public access easements 34 All of the existing IS water main that is to be abandoned shall be removed and disposed of off site 35 Temporary cul de sacs shall be provided at the end of any dead end street longer than one lot deep that is created by phasing 36 All rights of way that contain City utilities must be a minimum of 30 wide and cannot contain other utilities 37 All improvements necessary to provide adequate level of service at the analyzed intersections must be installed or financially guaranteed prior to filing of the plat for each phase No building permits will be issued for a phase until all improvements required for the phase are installed and accepted Approval must be obtained from the Montana Department of Transportation for all improvements along RouseBridger Drive 38 Storm Water Master Plan A A Stormwater Master Plan for the subdivision for a system designed to remove solids silt oils grease and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer B The applicant is advised that although the general storm drainage and grading concept has been reviewed the submitted data will be subject to further review as part of the infrastructure plan and specification review process I The Storm Water Master Plan will provide an analysis comparing predevelopment runoff patterns to post development runoff potentials II The Storm Water Master Plan will specify means to ensure that downslope property will not be adversely affected 04 17 2006 232 Page 16 ilL Stormwater generated by the proposed subdivision which discharges off site may not accumulate in undesirable locations such as private yards roads or streets and must show a determined area for runoff water to collect IV Stormwater generated by the proposed subdivision which discharges off site should not create unnecessary ponding or change the point of exit of water from the property V The Storm Water Master Plan will specify methods to prevent downstream areas rom increased flow VI Stormwater generated by the proposed subdivision which discharges off site into a drainage swale will require a drainage easement that protects the swale from development and secures an alternative easement in the event of future development of that drainage swale The motion carried Those voting Aye being Cr Jacobson Becker Kirchhoff and Mayor Krauss Those voting No being Cr Rupp Discussion reeardine DRC Responding to citizen comment Mr Epple noted that there are no minutes from the DRC because it s not an advisory board Mayor Krauss noted that there is a public right to know about what s going on in those meeting They have a right to know about what s coming out of that and how things are coming forward in there Cr Jacobson agreed with the mayor in the interest in transparency Director Epple noted that what the Commissioners are getting from the DRC represents more than what they would see in minutes He also noted that there is not a record at the DRC because the public doesn tcomment Director Epple noted that DRC isn t a citizen board it s a staff board giving technical advise He concluded that they don t expect the advisory board members to provide that kind of report Acting City Manager Arkell noted that the ordinance requires the staff report that is recieved should contain the information that would be contained in minutes Mayor Krauss noted that the discussion that takes place by staff isn t reflected just individual view points and he thinks we should consider this more 04 17 2006 233 Page 17 Certificate of Approoriateness to allow demolition of existinl 720 sQuare foot 1 storv detached earale and construction ofa 720 square foot l1f2 storv earaee with second level accessory dwellinl unit with deviations to allow accessory dwellinl unit on lot less than 60feet wide to allow accessory structure Ireater than 600 SQuare feet to encroach into reQuired 20 foot rear yard setback and to allow the accessory structure to exceed the heilht of the principle structure Art Albin for Sallv Hannon 506 North Tracv A venue Z 06005 This was the time and place set for the public hearing on the application for Certificate of Appropriateness to allow demolition ofexisting 720 square foot 1 story detached garage and construction of a 720 square foot 1 Y2 Story garage with second level accessory dwelling unit at 506 North Tracy Avenue with deviations to allow accessory dwelling unit on lot less than 60 feet wide to allow accessory structure greater than 600 square feet to encroach into required 20 foot rear yard setback and to allow the accessory structure to exceed the height ofthe principle structure requested by Art Albin for Sally Hannon Continued Public hearing Mayor Krauss rcopcned the continued public hearing Planner Bristor presentcd the staff report She noted that staff has reviewed the application in light of the applicable criteria and staff s findings are contained in the staff report Staff has forwardcd a recommendation of conditional approval Planner Bristor noted that the detached garage is a non contributing structure She noted that the Planning Staff recommends conditional approval for the deviation allowing a structure in less than the minimum lot width but denial for the other two conditions Responding to Cr Becker Ms Bristor noted that the revised garage is more in compliance than the existing structure Art Albin contractor representing the applicant noted that he would like to build this garage and he thinks it s a good addition to the neighborhood He added that the existing structure looks poor and wasn t built well Responding to Cr Rupp Mr Albin noted the accessory dwelling unit is requested to provide for rental income which would help pay for the improvements The following people spoke at the public hearing Melissa Todd 512 North Tracy Responding to Cr Kirchhoff Ms Bristor noted the square footage ofthe accessory dwelling living unit is maxed out at 600 square feet 04 17 2006 234 Page 18 Responding to Cr Kirchhoff Ms Bristor noted that the accessory building nceds to be dropped down to where it is at least five inches shorter than the existing house to make sure that the accessory building is smaller in scale than the principle building Ms Bristor noted that this application provides the possibility of an affordable unit on the back yard Commission Discussion Director Epple noted that this is a big change from a few years ago when we were seeing subordinate structures being six feet taller than the main building Cr Bcckcr noted he appreciates the sense of scale and it makes sense that there is that scale bccause it s a rental Cr Kirchhoff noted that this structure is modest and not inappropriate to the main structure Hc added that he doesn t see the problem with the structure being where it was planned and will support the motion Responding to Cr Jacobson Ms Bristor stated that the garagc will probably house one car with storage Director Epple noted if the majority of the Commissioners want to have the garage where it was originally depicted they can do that Responding to Cr Kirchhoff Ms Bristor noted that we are looking at a very odd way to enter the garage She added that if the Commission wants to change the position ofthe garage she would hope they would address how to orient the driveway configuration but if we orient the garage to enter off the alley there isn t adequate backing distance Decision It was moved by Cr Beckcr seconded by Cr Rupp to approve the Certificate of Appropriateness to allow demolition of existing nO square foot I story detached garage and construction of a 720 square foot 1 Y2 StOry garage with second level accessory dwelling unit at 506 North Tracy Avenue with a single deviation to allow an accessory dwelling unit on a lot less than 60 feet wide as requested by Art Albin for Sally Hannon subject to the following conditions 1 The applicant shall supply modified building elevations that shows the height ofthe new accessory structure to be 23 in height at least 5 shorter than the existing house on the site 2 The applicant shall supply a modified site plan that shows a 20 rear yard setback for the new accessory structure 04 17 2006 235 Page 19 3 The applicant shall supply a modified site plan that shows the proposed drive access to the new accessory structure shall supply 20 of depth for on site parking 4 The drive access to the existing garage shall be removed to supply a small yard space for the accessory dwelling unit occupant s 5 The applicant shall supply modified building elevations that shows the removal of the north elevation window of the new accessory structure The elevations shall show a replacement window s ofa different style on that same building elevation 6 The applicant shall supply modified building elevations that shows the new accessory structure with horizontal lap siding that is either no more than 5 of exposed width OR an exposed width that matches the cxisting house s original lap siding 7 The gravel in the front yard shall be removed and an adequate landscaped area shall be supplied for the entire property 8 The applicant shall supply a separate sewer line from the existing house for the proposed accessory dwelling unit Please contact the Water Sewer Department at 582 3200 to determine the best location for the separate sewer line 9 Prior to issuance ofanytype ofbuilding permit including Demolition Permits the applicant shall provide a landscape plan depicting adequate landscaped area for the entire property 10 Prior to issuance ofany type ofbuilding permit including Demolition Permits the applicant shall provide a color and materials palette for final design review and approval by Administrative Design Review Staff 11 The applicant shall obtain a building permit and pay all required fees prior to construction and within one year ofCertificate ofAppropriateness approval orthis approval shall become null and void 12 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 13 The applicant shall supply modified building elevation that show glazing on the garage door of the new accessory structure rather than a solid door 04 17 2006 236 Page 20 The motion carried Those voting Aye being Crs Becker Rupp Kirchhoff and Jacobson Those voting No being Mayor Krauss Reconsider aooointment to Local Water Qualitv District Board made on Aoril3 2006 It was moved by Cr Kirchhoff seconded by Jacobson to reconsider appointment to Local Water Quality District Board made on April 3 2006 The motion carried Those voting Aye being Crs Kirchhoff Jacobson Becker Rupp and Mayor Krauss Those voting No being none Apoointment to Local Water Qualitv District Board Local Water Quality District Board It was moved by Cr Rupp seconded by Cr Kirchhoff that William Huntbe reappointed to replace with a term to expire 9 30 200S The motion carried Those voting Aye being Cr Rupp Kirchhoff Jacobson Becker and Mayor Krauss Those voting No being none Susoension of Rules Mayor Krauss suspended the rules of order to move FYI ahead ofUDO revisions Discussion FYI Items 1 Acting City Manager Arkell asked about the discussion concerning the placement of accessory structures and the Commission directed staff to add that to a future discussion 2 Mr Brey will be Acting City Manager tomorrow 3 The signal at Main and 7th is still broken because there was a car accident that struck the pole at about 60 MPH 4 Next week the Commission meetings will begin being televised 2 Director Epple noted that he spoke with Cr Jacobson regarding the Commissioner s rights to enter property when it s the subject of an application and S IS 64 050 regarding permission to enter a site as deemed necessary to verify the information supplied so the submission of the application is enough to provide that authority He added that they are going to add that on the application so people know that they are allowed to enter He added that the City Attorney noted that we should be keeping minutes of the DRC meetings 04 17 2006 237 Page 21 3 Cr Becker noted he will be at the solid waste meeting this coming Wednesday 2 He thinks the City needs to have on the agenda the reasons why or why not to join the district 3 The bozeman ranger district Memorandum Of Understanding meeting is from 10 12 a m on Friday 4 Ms Semerau asked the Commission if they are aware that the Montana Meth Project will meet at the Gran Tree on Wednesday from 11 a m 12 p m City Attorney Luwe noted he intends to go 5 Assistant Planning Director Saunders noted there are some staff members who are going to the Master Plan presentation for MSU He noted that they have not indicated they want to close 11th Avenue They are a lot of other building that they would like to have not fall over 6 Cr Jacobson passed on some BID events 1 focus group about how we could open up Bozeman Creek where it goes underground in downtown Bozeman She noted a report will be out sometime around June 2 Downtown is getting a brand which will be placed on flags downtown She noted that she thinks Mr Reichert will be requesting money for a master plan for downtown where the city would like to encourage development 3 A friend ofhers told her there is an accessory dwelling unit on Alderson where somebody is living in it She also noted that she thinks people tell fairy tells regarding accessory dwelling units when they come before the Commission 7 Cr Rupp asked if the Commissioners have travel budgets and Mayor Krauss noted that if someone finds something that a Commissioner should attend we should amend the budget 8 Cr Kirchhoff noted that there are a couple planning projects for what is proposed from Hillcrest coming up that go well with what was approved tonight 2 He noted that Baxter Meadows Phase VI with the units still on the park was reviewed and they didn tchange the plan at all 9 Mayor Krauss noted at the Recreation and Parks Advisory Board meeting they heard three comments about this issue of wildlife and they have considered changing the 100 right of way 2 There have been changes in the master swimming program Ron Dingman and Sue Harkin have had a tough time balancing the demands but he doesn t know if there are people better suited to work with the public Work session continued review of orooosed revisions to UDO Included in the Commissioners packets were the proposed revisions to the UDO It was moved by Cr Rupp to deny the remaining UDO revisions The motion died for lack of a second Assistant Planning Director Chris Saunders presented the proposed UDO revisions UDO revision 220A was NOT forwarded through the revision process UDO revision 221 was forwarded through the revision process UDO revision 223 was previously forwarded through the revision process 04 17 2006 238 Page 22 UDO revision 225 was forwarded through the revision process UDO revision 227 was NOT forwarded UDO revision 231 was NOT forwarded UDO revision 232 was continued to next week UDO revision 233 was continued to next week UDO revision 234 was continued to next week UDO revision 236 was NOT forwarded through the revision process UDO revision 242 was NOT forwarded through the revision process UDO revision 243 was forwarded through the revision process UDO rcvision 244 will be heard in the future Adiournment 10 00 p m There being no further business to come before the Commission at this time Mayor Krauss adjourned the meeting UC ef y auss Mayor ATTEST 2JLL Devin M Harbour Acting City Clerk Approved May 1 2006 04 17 2006 239 Page 1 04-17-2006 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 17, 2006 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, April 17, 2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Kaaren Jacobson, Acting City Manager Debbie Arkell, Director of Public Safety–Fire Chuck Winn, Planning Director Andy Epple, City Attorney Paul Luwe, and Acting City Clerk Devin Harbour. Pledge of Allegiance and Moment of Silence The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - September 6, September 12, 2005, and January 17, February 21, March 6, March 24, and March 27, April 3, and April 10, 2006 It was moved by Cr. Becker, seconded by Cr. Rupp, that the minutes of the meetings of September 6, 2005, and April 3, 2006, be approved and April 10, 2006, be approved as amended. The motion carried. Those voting Aye being Cr. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. Mayor Krauss deferred action on the minutes of the meetings of, September 12, 2005, and January 17, February 21, March 6, March 24, and March 27, 2006, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. 1. Proclamation - Declare April 2006 as Donate Life Month, to coincide with national observance 2. Appointment of Cr. Becker and Cr. Rupp to sub-committee to review pledged securities. 240 Page 2 04-17-2006 3. Approval of special permit for the Emerson Cultural Center to sell beer and wine at the Emerson Cultural Center, on April 21, 2006. 4. Provisionally adopt Ordinance1662, amending the City of Bozeman zone map by establishing initial municipal zoning designation of “R-3" (residential medium density district), “R-4" (residential high density district), and “PLI” (public lands and institutions) on 226 acres situated west of S. 19th Ave., between Stucky Road and Blackwood Road. 5. Adopt Commission Resolution No. 3905 providing for the annexation of a tract of land hereinafter described, to the corporate city limits of the City of Bozeman and the extension of the boundaries of the City of Bozeman so as to include said tract. 6. Adopt Commission Resolution No. 3906 relating to $1,376,869 special improvement district no. 684 bonds; fixing the form and details and providing for the execution and delivery thereof and security therefor. 7. Authorize City Manager to sign Annexation Agreement for JCD Annexation, commonly referred to as Meadow Creek Annexation. 8. Authorize City Manager to sign Agreement with Morrison & Maierle Inc. for Professional Surveying Services for water main renovation projects. 9. Claims It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that the Commission approve the Consent Items as listed above. The motion carried. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. Public comment No public comment was received. Legends II at Bridger Creek – PUD CUP – Application for Conditional Use Permit with four relaxations to Title 18, BMC., on property located at the intersection of Story Mill Road and Bridger Canyon Drive – Land West Consulting LLC., for Edgefield, LLC.; Paul Rugheimer; Peter Rugheimer; and Mary Wictor. (Z-06021) This was the time and place set for the public hearing on the application for CUP with four relaxations to Title 18, BMC, requested by Land West Consulting LLC., for Edgefield LLC., Paul Rugheimer, Peter Rugheimer, and Mary Wictor, under Application No. Z-06021. The subject property is located at the northeast of the intersection of Story Mill Road and Bridger Canyon Drive. Public hearing Mayor Krauss opened the public hearing. 241 Page 3 04-17-2006 Contract Planner Lanette Windemaker presented the staff report. She noted that staff has reviewed the application in light of the applicable criteria and staff’s findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval. She noted that this subdivision has a density of 5.7 dwelling units per acre, and looking at how it fits into the neighborhood and the adjoining area, they believe it will fit well. There is one unresolved issue. If Boylan Road is moved to the north, she wants to add a condition to allow additional lots to be created after moving the road. She concluded by stating that the applicants have submitted an alternative proposal. Responding to Mayor Krauss, Ms. Windemaker noted Creekwood does have some open space that doesn’t have lots backed into. She also noted that there is a ~25 feet of open space in between the lots. Van Bryant, Studio Architects, noted that like Legends I, this has been done by collecting owners and neighbors together. The neighbors were concerned with connectivity to Bridger Creek. The other was the understanding that at some point they may have service failures and need to tie into city services. The owners primary objective was the protection of the creek corridor. The development team had goals that went along with what was created in the Creekwood development. One was the placement of the park; the Legends II park was placed next to it, so it could become a larger area. Another was that the road connect Creekwood and Legends I. He noted they were advised to look at the Boylan Road layout and as a result there are more, smaller lots in this plan. He noted that there is no open-space-access requirement. He noted some other positive attributes. One is that 41% of the development is parks or open space, and trail connections from Bridger Creek to Legends I. There is a master plan park area, with soccer field, playground, restrooms, and parking space. A PUD project requires 20 points to compensate for relaxations, this projects has 110 points, and all space is dedicated to open space. Responding to Cr. Becker, Mr. Bryant noted the original intent was to have more buffer between the buildings. There is a sidewalk in the open space, and when it narrows, the sidewalk goes to each building. Cr. Becker noted the pinch points that occur in Legends I, where the full 25-foot corridor wasn’t in place. He noted that, looking at this layout, it looks like there are a couple of pinch points. He will request that a condition be provided to require a full 25 feet of space. Responding to Cr. Kirchhoff, Mr. Bryant noted they have Boylan Drive and also have street loading parking on either side of the street, in the alley configuration. By adding the open space along Boylan Road, there will be more room for parking. Mayor Krauss noted this isn’t a standard subdivision, and why they went with the green spaces and why that fit the idea versus what they could have done without relaxations. Mr. Bryant noted that the key was to listen to the neighbors to the south of the property and how much they enjoyed the Bridger Creek access and protection. He stated that it’s tough to try and meet the 242 Page 4 04-17-2006 cities expectation of density with the constraints with this subdivision. This is a hybrid, and they have tried to create a sense of community and allow neighbors to the south to move up to the creek. It was a genesis of trying to solve with a challenging piece of infill property. The following people spoke at the public hearing: Cathy Gamble, 2205 Bridger Drive Kathy Campbell - 2205 Bridger Dr. "A couple of things. I love the idea of narrower traffic streets, lanes, green-ways for people to walk on. Encourages a community feel more than just sidewalks and driveways that happen in so many other subdivisions. I favor the original plan that had the road up the middle of the subdivision. That makes much more sense for the convenience of the people living in the subdivision. The experience of hiking on the trail will be better if you don't have a road right next to it. There is public access that would be visible. Bozemanites would appreciate it more to have the quiet of the trail as long as they have easy access. Thank you." Kain Gamble, 13 Hitching Post Road Dane Gamble 13 Hitching Post Rd. and greens keeper at Bridger Creek Golf Course. "I don't like the layout (pointing out Boylan Rd. moved to the north) and the reason I don't like that layout, it puts a street close to what is potentially a wildlife corridor. On the golf course, we've had deer, bear, mountain lion and an elk once. Animals don't like streets. Backyards they can live with. If you're worried about public access, take it from me, I've seen public access into the golf course trail system, on the golf course, which is private property. I don't think I've ever run into a human being who if he wanted to find open space has found a way to the open space. With the location of the park on the northwest of this property (Legends II) and running with Legends I, realistically and logically, public access to open space and stream corridor should not be a concern. This will be overcome by the people. With this layout, it looks like we're trying to compound the increase of human presence into that corridor coupled with vehicular construction trucks, snow plows, garbage trucks, delivery trucks. To me it doesn't make sense and I hope that the commission supports the original layout." Ted Lang, Gallatin Valley Land Trust Ted Lange Westridge Dr. GallatinValley Land Trust "Reiterating the comments from Gary's (of GVLT) letter. Overall, it's a good project. Primary concern is the quality of the trail corridor. With either of the layouts, we could support and appreciate that we were given a choice. The importance of the trail corridor is the potential for x-country skiing. The popularity of skiing at Bridger Creek golf course, there is potential to extend that all along this corridor and to have room for unobstructed skiing along the corridor." Paul Rugheimer, neighbor 243 Page 5 04-17-2006 Paul Rugheimer "I'm part of the applicant team and also a neighbor. I grew up on the property from age of 5 spending countless days from age 5 to high school. While the city is moving closer to the creek, we're trying to preserve what I enjoyed as a child while balancing that with a subdivision. So that's the design we had - to try to protect all the green we have, try to reduce the human interaction with pavement and increase the human interaction with wildlife, wetlands and the creek. That's why the neighbors and property owners are in favor of it. The development team is in favor of it and I haven't heard one single public comment that favors the road next to the green space. The Bozeman2020 community plan says, under Parks, Recreation, Pathways and Open Space - Section 9.5.3 talks about Pathways. There are 3 categories, the last one is what we're designing here - a trail corridor. (Quoting from the Section 9.5.3) 'These trail corridors are for the most part not located along roads but instead weave and meander throughout the community. Are frequently located along creeks or other protected lands. That is my summary. Thank you." Shane Cheney, 505 Alamosa Lane Shawn Shahan 505 Alamosa Lane "I was involved with Creekwood. I'd like to express support for the Legends II original layout for a couple of reasons. Number 1, concern of public access and open space is pretty much taken care of. The public does have access to this area and it is important that the public does have access to the trails. Number 2 - one of my biggest concerns with the road fronting the open space is that's where the public is going to park. The safety concerns and the traffic flow in the subdivision. It's hard to control dogs they just let them out of the car. At a gathering point, there can be signage. It's easier to monitor those things. I want to support the Rugheimers, the development team, the existing neighbors as well as the staff and commission. I ask that the project go forward." In replying to commissioner Krauss's question about the commission vote on Creekwood, Mr. Shahan replied "The vote on Creekwood was 5 - 0." Mr. Bryant, noted that with additional neighbor comments he hasn’t much to add. The one thing that isn’t shown is additional access for where there will be a clubhouse and controlled parking. Responding to Cr. Jacobson, Ms. Windemaker noted there has been flooding along this creek, but she’s not sure if it has flooded in this area. She added that the next application deals with the flood plain. Responding to Cr. Becker, Ms. Windemaker noted they were just throwing out an alternate proposal with how they could address Condition Four. She noted that there are also about 20-21 RSL lots in the plan, and reminded the Commission that CAHAB has conditions in the plat for cash-in-lieu of RSL requirements. Commission Discussion Cr. Kirchhoff noted that he thinks we are looking at subdivision that’s ok in some respects in some areas. He was with the Commission that approved Creekwood and the same Commission that saw the pre- application. He doesn’t think the redraw really works, and thinks the previous Commission meant they 244 Page 6 04-17-2006 wanted the street to be the corridor between the built environment and the natural corridor. What it comes down to is what really matters is separation and control of access. As long as there is good separation it doesn’t really matter what it is. That might be preferable to some and not to others. He stated that this is one of those times in which the Commission and the applicant don’t agree. He stated that he would like to see no lots to the north of Boylan Road and have the road pulled along the open space, and they can control the entryway with a fence and kiosk. He concluded by stating that he isn’t satisfied with the applicant’s redraw. Cr. Jacobson said that she agrees with Cr. Kirchhoff. She likes the plan south of Boylan Road and would like to live there, because she likes the fact that this encourages neighborhood engagement. She added that she can see why they would want to build close to the stream corridor, because that is an amenity, but thinks it would be a jewel to the county if the area north of Boylan Road were left as open space and trails so the trails wouldn’t be squeezed right up to the creek. She noted that when she was out there she saw a deer and then she saw a dog was chasing it: there is interference with the wildlife and nobody is living there now. She stated that moving the road doesn’t make a difference with the wildlife habitat. Cr, Becker noted that he sat through the hearings in October. In terms of specific direction, he thinks the plan meets the requests that were asked of the developer’s team. He stated concern for an apparent lack of transparent egress, and the development seemed to be promoting private space. He believes the second attempt addresses those concerns and provides for an alternative that is conducive to community ideals with respect to open space. His only concern is the pinch points, but is supportive of the second layout. Cr. Rupp noted that the applicant should be proud of the points total. He stated that he doesn’t have a problem with the yards, greenway, etc., but would prefer to have both street and sidewalks. He noted that he doesn’t think it’s very friendly but understands the tradeoff. He also noted that the trail corridor seems to be too narrow, and would like to err on the side of open space. Mayor Krauss noted that Lot 38, 24, and 19 seem to impinge upon the corridor, those three lots are the ones that seem to need to be trimmed back to keep pinch points from occurring. He stated that he thinks the relaxations that are being requested are the result of an innovative design. He noted that they have an innovative design that scores 100+ points in open space. He stated that the original design, which can be addressed by modifying three lots, ties the subdivision to the east with the parks to the west. The intent of the UDO was to have urban parks which are designed to urban standards. He stated that he supports the original proposed plan, Plan A, and likes the GVLT and their statement about pedestrian and bike corridors. He stated that the park is 100% fronted, and the open space is generous and dedicated to the public and we will have a skiing corridor and a recreation corridor. He likes that the neighbors support it. Cr. Rupp noted he’s not in favor of either option, but it seems that Cr. Kirchhoff’s proposal has the possibility to create the corridor that he’s looking for. Cr. Jacobson noted that she doesn’t think that’s an ideal trail system for the public to be walking that close to somebodies back yard. She noted that the alternative plan presented, Plan B, with the road 245 Page 7 04-17-2006 moved to the north, only provides a boundary to the open space on a very small part of it, and the buffer to the creek really isn’t there. Mr. Bryant assumed that if the road goes completely to the north, there will be some reconfiguration. He noted that they are happy to add a condition that requires they meet with staff to have a minimum allowance for the trail corridor. Director Epple noted that staff had recognized that on the far east where Boylan Road meets Creekwood, the road has to go where it is because of connecting. Mr. Bryant noted they would like to go with Plan A, because it’s the most supported plan by neighbors and represents the most agency input, and because he thinks it follows the topography better. Cr. Kirchhoff noted that there is only one Bridger Creek, and once it’s done, it’s done. People will come and go, but the lot lines will stay. He noted that all of these design elements are design choices. He stated that he hopes the developer can respect the spirit and the intent or moving the road to open the corridor up. He also stated that he wants to allow the easternmost lots where this meets Creekwood. Decision It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the alternative plan as presented by the applicant for PUD CUP – Application for Conditional Use Permit with four relaxations to Title 18, BMC., on property located at the intersection of Story Mill Road and Bridger Canyon Drive as requested by Land West Consulting LLC., for Edgefield, LLC.; Paul Rugheimer; Peter Rugheimer; and Mary Wictor, subject to the following conditions: 1. All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area. 2. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 3. The developer shall landscape open space areas 3, 4, 5, 6, 7, 9, 10, 11, and 12 in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48 and achieves a minimum of 23 landscaping points. 4. Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor and shall be located so that it does not restrict the trail corridor. It is acceptable for additional lots (located on the south side of Boylan Road) to be created through the relocation of Boylan Road. No lots shall be allowed to the north of Boylan Road with the exception of the six easternmost lots, adjacent to Creekwood Subdivision. The five lots remaining to the north of the road shall be reduced in size so as not encroach into the trail corridor. 5. Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the following statement being placed in the covenants "Per Section 246 Page 8 04-17-2006 18.16.050.A.4, all vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code". 6. The covenants shall indicate that the aggregation of lots shall not be permitted. 7. The recreation building and associated parking lot shown in the park area will be subject to site plan review. 8. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 9. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 10. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 11. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 247 Page 9 04-17-2006 The motion carried. Those voting Aye being Crs. Kirchhoff, Jacobson, and Rupp, Those voting No being Cr. Becker and Mayor Krauss. Break Mayor Krauss declared a break from 7:52 to 8:04 p.m. Legends II at Bridger Creek – Preliminary Plat – Application to subdivide ~ 57 acres into ~ 127 lots for single household residential use, roads, alleys, parks, and open space areas on property located at the intersection of Story Mill Road and Bridger Canyon Drive. – Land West Consulting LLC., for Edgefield, LLC.; Paul Rugheimer; Peter Rugheimer; and Mary Wictor. (P-06009) This was the time and place set for the public hearing on the application for Preliminary Plat to subdivide ~ 57 acres into ~ 127 lots for single household residential use, roads, alleys, parks, and open space areas on property located northeast of the intersection of Story Mill Road and Bridger Canyon Drive, requested by Land West Consulting LLC., for Edgefield LLC., Paul Rugheimer, Peter Rugheimer, and Mary Wictor, under Application No. P-06009. Mayor Krauss opened the public hearing. Contract Planner Windemaker presented the staff report. She noted that staff has reviewed the application in light of the applicable criteria and staff’s findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval. She noted that because they are not building the street north to the property line at this time, they do not have 100% right-of-way surrounding the park. She noted that she wants to change Condition 4 to match the previous hearing, Z-06021. She mentioned that CAHAB recommended cash-in-lieu if the developer wants to at the rate of one buildable to three required. She stated that there was discussion that these lots will be pricey and if they could get funding they may be able to buy more lots than what they could get in this subdivision. Responding to the Commission, Engineer Bob Murray noted that the intersection of Bridger Canyon Drive and Rouse will have to be signalized before they can get building permits. The following people spoke at the public hearing: Dane Gamble, 13 Hitching Post Road Dane Gamble 13 Hitching Post Rd. "Greenskeeper at Bridger Creek Golf Course and businessman in the City. I respect the decision making process that the commission has gone through. It's unfortunate that the neighbor comments were not given 248 Page 10 04-17-2006 more weight in that decision. One the Core Values that are shown behind you, you have it that you have a statement about Teamwork - 'Respecting others and welcoming citizen involvement'. And while welcoming, at time I don't think citizen involvement is taken very seriously. Hoping that the rest of the (Teamwork) statement 'working together to achieve the best result'. Sometimes the best is impossible. I buy products for my work place and find that often they come in 3 different grades, good, better, best. Sometimes I can only afford what's 'good'. In the Legends II original proposal we had something that was very good and the fact that could have been better, sure. Could it be the best? Maybe if the city bought the entire property and preserved it as open space. In some people's minds that would be the best. But at my place of work, I'm not able to reach into someone else's pocket in order to bring myself up from good to better or from better to best. In a sense, the city commission is essentially redesigning the subdivision on a napkin and has done just that. They have reached into the pocket of the developers and changed the proposal to fit a concept that the commission has. I respect Mayor Krauss and his statement that what you should be considering is the subdivision as presented to the commission. I hope that in future proposals a little more weight is given to the work that is done by the citizens. A lot of DRB time, community charettes that have taken place. As a citizen who has participated in some of these and some in prior instances of city decision making, I see it given very little weight. It is very disappointing. Hopefully in the future, that will change. Thank you." Halley Rugheimer, 1400 Story Mill Road Hallie Rugheimer1400 Story Mill Rd. "It came to my attention while researching this support of Legends II original plan. The really important meetings that go on here, called the DRC (Design Review Committee) where people like the fire dept, engineers, city staff, any number of people meet to go through the same type of process that we're seeing with the boards and the commission itself, if find that no one keeps minutes of those DRC meetings. Why is this? There is certainly chance for input. The public is invited to go. But when you go to look for a record of those DRC meetings, there are no minutes. Can this be changed and should it be changed? Thank you." Decision It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve the Preliminary Plat, Application to subdivide ~ 57 acres into ~ 127 lots for single household residential use, roads, alleys, parks, and open space areas on property located at the intersection of Story Mill Road and Bridger Canyon Drive, requested by Land West Consulting LLC., for Edgefield, LLC.; Paul Rugheimer; Peter Rugheimer; and Mary Wictor, subject to the following conditions: 1. The 25-foot trail easement located along the western side of the property shall be not located within private lots. 2. Per Section 18.42.040.D, a pedestrian walk shall be located within the 25-foot trail easement located along the western side of the property. 249 Page 11 04-17-2006 3. Per Section 18.44.090, Lot 1 needs to be provided with legal and physical access on Boylan Road with a minimum of 25 feet of frontage. Lot 1 shall be of an adequate size to accommodate the building, all required setbacks, parking and access. 4. Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor and shall be located so that it does not restrict the trail corridor. It is acceptable for additional lots (located on the south side of Boylan Road) to be created through the relocation of Boylan Road. No lots shall be allowed to the north of Boylan Road with the exception of the six easternmost lots, adjacent to Creekwood Subdivision. The five lots remaining to the north of the road shall be reduced in size so as not encroach into the trail corridor. 5. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 6. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due with the final plat. 7. Sidewalks along park land shall be constructed to a six foot width to accommodate snow removal equipment. 8. The park shall be titled "Public Park". The open space shall be titled "Open Space, Public Access". Notes shall be included on the plat describing ownership and maintenance responsibility for both the park and open space, e.g.: public park, dedicated to the city and maintained by the homeowners association; and open space, public access, owned by the landowners, maintained by the homeowners association, etc. 9. Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the following statement being placed in the covenants "Per Section 18.16.050.A.4, all vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code". 10. On the north side of Boylan Road, the construction of Northview Street and other public improvements need not be extended to the property line subject to the following requirements; either: A. An executed acknowledgement placed on the property to the north stating that the current owners, their heirs, successors and assigns shall be responsible for the construction of the proposed Northview Street and all other public improvements within said right-of-way from Boylan Road to the northern boundary line of this subdivision. 250 Page 12 04-17-2006 The acknowledgement shall be recorded with the Gallatin County Clerk and Recorder prior to the time of final plat recordation. A copy of the executed and recorded documents shall be submitted with the final plat; or B. 100% of the cost of construction of the improvements shall be placed in an escrow account to be used for completion of these improvements in the future prior to final plat approval. A copy of the executed documents shall be submitted with the final plat. 11. Atsina, Blackfeet, Cree, Medicine Wheel and Richau Lanes may be constructed as private streets within a 31-foot right of way subject to the following conditions and code provisions: A. Per Section 18.44.020.A, all streets within the proposed development shall be dedicated to the public. B. Per Section 18.44.020.A.2.b, a permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance. C. Per Section 18.44.020.A.2.b, executed waivers of right to protest creation of special improvement districts (SIDs), or other perpetual legal instrument, acknowledging that the City will not assume dedication and/or maintenance of the streets unless the street is brought up to City standards, or the property owners have agreed to an assessment to fund improvements required to bring the street up to City standards. The waiver, or other legal instrument, shall be recorded with the Gallatin County Clerk and Recorder at the time of final plat recordation. A copy of the executed documents shall be submitted with the final plat. D. Per Section 18.44.020.A.2.c, documented proof of adequate maintenance funding and scheduling, for all private streets, shall be provided, subject to Section 18.72.040. E. The right of way shall be increased to a minimum of 33' or public street and utility easements granted for the additional 2' for the purpose of future maintenance of the curb. 12. Sidewalks need not be constructed on Atsina, Blackfeet, Cree, Medicine Wheel and Richau Lanes subject to the following statement being placed in the covenants "All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area". 13. Per the "Preliminary Plat Storm Water Plan for the Legends at Bridger Creek II" by Morrison Maierle, Inc.; 251 Page 13 04-17-2006 A. The minimum first floor elevations shall be designated on the final plat. The minimum first floor elevation (including basement) shall be 2 feet or more above the base flood elevation. B. The Final Plat shall include a notation that although no lots are in the 100-year floodplain, it is recommended that lot owners consider obtaining flood insurance due to proximity, and that it is recommended that lot owners consider construction of structures on suitable fill at an elevation no lower than the base flood elevation and extended for at least 15 feet, at that elevation, beyond the structure(s) in all directions. 14. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. The Final Plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. 15. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. 16. The following items shall be addressed in the Final Park Plan: A. The east to west trail along Bridger Creek should be a 6 foot wide natural fines trail and the plan should clearly show a connection to the undeveloped property at the east edge. This trail should be constructed a sufficient distance from Bridger Creek so as not to be affected as the creek bed moves. B. An unobstructed 10 foot wide meandering corridor should be maintained east to west through the open space area to provide for a groomed ski trail during winter. C. The park land dedication requirement should be recalculated to not include the proposed clubhouse and associated road and parking area. The area providing access to the restrooms at the north end of the clubhouse should be counted as park land dedication since the restrooms are intended to be open to the public. D. Uniform fencing or adequate landscaping should be required along the backyard property lines of all lots backing up to park or open space to avoid encroachment by owners and to reduce the possible conflicts between owners and trail users and pets. This is especially important with those lots along the North of the property that border the trail area. E. Northview Street should not be extended north of Boylan until the adjacent property to the north is developed and Northview continues into it. Until that time the east to west trail should continue straight across and not divert to the sidewalk. 252 Page 14 04-17-2006 F. No concrete spectator area should be placed on the south side of the soccer field to allow for more usable turf area. G. All park amenities, including park furniture and trees should be sited on the plan for Park Division approval. H. Any construction or work within the dedicated park land and open space shall require preconstruction meetings and approval of the Parks Division. 17. The owner shall executed and submit the following documents prior to final plan approval: A. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. B. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. C. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 18. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 19. Instead of dedicating a minimum of 10% of the buildable net acreage to Restricted Size Lots (RSLs), the subdivider may pay a cash-in-lieu fee to the City the equivalent of 1 buildable RSL to 3 required RSLs. The payment shall be calculated as the appraised value per square foot of developed land within that specific subdivision at a time not sooner than 30 days prior to the time of final plat approval. 20. The covenant allowing aggregation of lots shall be removed, and the covenants shall specifically state that no lots may be aggregated so as to reduce the number of buildable lots. 21. Stormwater Master Plan: 253 Page 15 04-17-2006 A. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. B. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. C. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. D. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. 22. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and 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 pre-construction conference has been conducted. A. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 23. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. 254 Page 16 04-17-2006 A. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the final plat for the subdivision. 24. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 25. Flood plain: A. A Flood Plain Development Permit must be obtained from the City Engineer prior to any work being conducted within the limits of the delineated 100 year floodplain. B. The 100 year flood plain boundary and flood elevations must be depicted on the Final Plat. Fill shall be placed in the location of the "gaps" in the catch of the delineated boundary to approximate the historic boundary. 26. The Montana Fish, Wildlife and Parks, Gallatin County Conservation District, 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 Final Plat approval. 27. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. 28. Project phasing shall be clearly defined including installation of infrastructure. 29. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 30. 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. 255 Page 17 04-17-2006 31. 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. 32. All streets within rights of way less than 60' shall be privately maintained. For these streets, the right of way shall be increased to a minimum of 33' or public street and utility easements granted for the additional 2' for the purpose of future maintenance of the curb. 33. The sidewalks and trails within greenspace corridors shall be installed within public access easements. 34. All of the existing 18" water main that is to be abandoned shall be removed and disposed of off site. 35. Temporary cul-de-sacs shall be provided at the end of any dead end street longer than one lot deep that is created by phasing. 36. All rights of way that contain City utilities must be a minimum of 30' wide, and cannot contain other utilities. 37. All improvements necessary to provide adequate level of service at the analyzed intersections must be installed or financially guaranteed prior to filing of the plat for each phase. No building permits will be issued for a phase until all improvements required for the phase are installed and accepted. Approval must be obtained from the Montana Department of Transportation for all improvements along Rouse/Bridger Drive. 38. Storm Water Master Plan: A. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. B. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. 256 Page 18 04-17-2006 I. The Storm Water Master Plan will provide an analysis comparing predevelopment runoff patterns to post development runoff potentials. II. The Storm Water Master Plan will specify means to ensure that downslope property will not be adversely affected. III. Stormwater generated by the proposed subdivision which discharges off-site may not accumulate in undesirable locations, such as private yards, roads or streets, and must show a determined area for runoff water to collect. IV. Stormwater generated by the proposed subdivision which discharges off-site should not create unnecessary ponding or change the point of exit of water from the property. V. The Storm Water Master Plan will specify methods to prevent downstream areas from increased flow. VI. Stormwater generated by the proposed subdivision which discharges off-site into a drainage swale will require a drainage easement that protects the swale from development and secures an alternative easement in the event of future development of that drainage swale. The motion carried. Those voting Aye being Cr. Jacobson, Becker, Kirchhoff, and Mayor Krauss. Those voting No being Cr. Rupp. Discussion regarding DRC Responding to citizen comment, Mr. Epple noted that there are no minutes from the DRC because it’s not an advisory board. Mayor Krauss noted that there is a public right to know about what’s going on in those meeting. They have a right to know about what’s coming out of that and how things are coming forward in there. Cr. Jacobson agreed with the mayor in the interest in transparency. Director Epple noted that what the Commissioners are getting from the DRC represents more than what they would see in minutes. He also noted that there is not a record at the DRC because the public doesn’t comment. Director Epple noted that DRC isn’t a citizen board, it’s a staff board giving technical advise. He concluded that they don’t expect the advisory board members to provide that kind of report. Acting City Manager Arkell noted that the ordinance requires the staff report that is recieved should contain the information that would be contained in minutes. 257 Page 19 04-17-2006 Mayor Krauss noted that the discussion that takes place by staff isn’t reflected, just individual view points, and he thinks we should consider this more. Certificate of Appropriateness to allow demolition of existing 720-square-foot, 1-story, detached garage and construction of a 720-square-foot, 1½-story garage with second level accessory dwelling unit, with deviations to allow accessory dwelling unit on lot less than 60 feet wide, to allow accessory structure greater than 600 square feet to encroach into required 20-foot rear yard setback, and to allow the accessory structure to exceed the height of the principle structure - Art Albin for Sally Hannon, 506 North Tracy Avenue (Z-06005) This was the time and place set for the public hearing on the application for Certificate of Appropriateness to allow demolition of existing 720-square-foot, 1-story, detached garage and construction of a 720-square-foot, 1½-story garage with second level accessory dwelling unit at 506 North Tracy Avenue , with deviations to allow accessory dwelling unit on lot less than 60 feet wide, to allow accessory structure greater than 600 square feet to encroach into required 20-foot rear yard setback, and to allow the accessory structure to exceed the height of the principle structure, requested by Art Albin for Sally Hannon. Continued Public hearing Mayor Krauss reopened the continued public hearing. Planner Bristor presented the staff report. She noted that staff has reviewed the application in light of the applicable criteria and staff’s findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval. Planner Bristor noted that the detached garage is a non-contributing structure. She noted that the Planning Staff recommends conditional approval for the deviation allowing a structure in less than the minimum lot width, but denial for the other two conditions. Responding to Cr. Becker, Ms. Bristor noted that the revised garage is more in compliance than the existing structure. Art Albin, contractor representing the applicant, noted that he would like to build this garage, and he thinks it’s a good addition to the neighborhood. He added that the existing structure looks poor and wasn’t built well. Responding to Cr. Rupp, Mr. Albin noted the accessory dwelling unit is requested to provide for rental income, which would help pay for the improvements. The following people spoke at the public hearing: Melissa Todd, 512 North Tracy 258 Page 20 04-17-2006 Responding to Cr. Kirchhoff, Ms. Bristor noted the square footage of the accessory dwelling living unit is maxed out at 600 square feet. Responding to Cr. Kirchhoff, Ms. Bristor noted that the accessory building needs to be dropped down to where it is at least five inches shorter than the existing house to make sure that the accessory building is smaller in scale than the principle building. Ms. Bristor noted that this application provides the possibility of an affordable unit on the back yard. Commission Discussion Director Epple noted that this is a big change from a few years ago when we were seeing subordinate structures being six feet taller than the main building. Cr. Becker noted he appreciates the sense of scale, and it makes sense that there is that scale, because it’s a rental. Cr. Kirchhoff noted that this structure is modest and not inappropriate to the main structure. He added that he doesn’t see the problem with the structure being where it was planned, and will support the motion. Responding to Cr. Jacobson, Ms. Bristor stated that the garage will probably house one car with storage. Director Epple noted if the majority of the Commissioners want to have the garage where it was originally depicted, they can do that. Responding to Cr. Kirchhoff, Ms. Bristor noted that we are looking at a very odd way to enter the garage. She added that if the Commission wants to change the position of the garage, she would hope they would address how to orient the driveway configuration, but if we orient the garage to enter off the alley, there isn’t adequate backing distance. Decision It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Certificate of Appropriateness to allow demolition of existing 720-square-foot, 1-story, detached garage and construction of a 720-square-foot, 1½-story garage with second level accessory dwelling unit at 506 North Tracy Avenue, with a single deviation to allow an accessory dwelling unit on a lot less than 60 feet wide, as requested by Art Albin for Sally Hannon, subject to the following conditions: 1. The applicant shall supply modified building elevations that shows the height of the new accessory structure to be < 23' in height (at least 5" shorter than the existing house on the site). 259 Page 21 04-17-2006 2. The applicant shall supply a modified site plan that shows a 20' rear yard setback for the new accessory structure. 3. The applicant shall supply a modified site plan that shows the proposed drive access to the new accessory structure shall supply 20' of depth for on-site parking. 4. The drive access to the existing garage shall be removed, to supply a small yard space for the accessory dwelling unit occupant(s). 5. The applicant shall supply modified building elevations that shows the removal of the north elevation window of the new accessory structure. The elevations shall show a replacement window(s), of a different style, on that same building elevation. 6. The applicant shall supply modified building elevations that shows the new accessory structure with horizontal lap siding, that is either no more than 5" of exposed width OR an exposed width that matches the existing house's original lap siding. 7. The gravel in the front yard shall be removed, and an adequate landscaped area shall be supplied for the entire property. 8. The applicant shall supply a separate sewer line from the existing house for the proposed accessory dwelling unit. Please contact the Water & Sewer Department at 582-3200 to determine the best location for the separate sewer line. 9. Prior to issuance of any type of building permit (including Demolition Permits), the applicant shall provide a landscape plan depicting adequate landscaped area for the entire property. 10. Prior to issuance of any type of building permit (including Demolition Permits), the applicant shall provide a color and materials palette for final design review and approval by Administrative Design Review Staff. 11. 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. 12. 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. 260 Page 22 04-17-2006 13. The applicant shall supply modified building elevation that show glazing on the garage door of the new accessory structure, rather than a solid door The motion carried. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, and Jacobson. Those voting No being Mayor Krauss. Reconsider appointment to Local Water Quality District Board made on April 3, 2006. It was moved by Cr. Kirchhoff, seconded by Jacobson to reconsider appointment to Local Water Quality District Board made on April 3, 2006. The motion carried. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss. Those voting No being none. Appointment to Local Water Quality District Board. Local Water Quality District Board It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that William Hunt be reappointed to replace with a term to expire 9-30-2008. The motion carried. Those voting Aye being Cr. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none Suspension of Rules Mayor Krauss suspended the rules of order to move FYI ahead of UDO revisions. Discussion - FYI Items 1. Acting City Manager Arkell asked about the discussion concerning the placement of accessory structures, and the Commission directed staff to add that to a future discussion. (2) Mr. Brey will be Acting City Manager tomorrow. (3) The signal at Main and 7th is still broken, because there was a car accident that struck the pole at about 60 MPH. (4) Next week the Commission meetings will begin being televised. 2. Director Epple noted that he spoke with Cr. Jacobson regarding the Commissioner’s rights to enter property when it’s the subject of an application, and §18.64.050, regarding permission to enter a site as deemed necessary to verify the information supplied, so the submission of the application is enough to provide that authority. He added that they are going to add that on the application so people know that 261 Page 23 04-17-2006 they are allowed to enter. He added that the City Attorney noted that we should be keeping minutes of the DRC meetings. 3. Cr. Becker noted he will be at the solid waste meeting this coming Wednesday. (2) He thinks the City needs to have on the agenda the reasons why or why not to join the district. (3) The bozeman ranger district Memorandum Of Understanding meeting is from 10-12 a.m. on Friday. 4. Ms. Semerau asked the Commission if they are aware that the Montana Meth Project will meet at the Gran Tree on Wednesday from 11 a.m. - 12 p.m.. City Attorney Luwe noted he intends to go. 5. Assistant Planning Director Saunders noted there are some staff members who are going to the Master Plan presentation for MSU. He noted that they have not indicated they want to close 11th Avenue. They are a lot of other building that they would like to have not fall over. 6. Cr. Jacobson passed on some BID events: 1) focus group about how we could open up Bozeman Creek where it goes underground in downtown Bozeman. She noted a report will be out sometime around June. (2) Downtown is getting a brand, which will be placed on flags downtown. She noted that she thinks Mr. Reichert will be requesting money for a master plan for downtown where the city would like to encourage development. (3) A friend of hers told her there is an accessory dwelling unit on Alderson where somebody is living in it. She also noted that she thinks people tell fairy tells regarding accessory dwelling units when they come before the Commission. 7. Cr. Rupp asked if the Commissioners have travel budgets, and Mayor Krauss noted that if someone finds something that a Commissioner should attend, we should amend the budget. 8. Cr. Kirchhoff noted that there are a couple planning projects for what is proposed from Hillcrest coming up that go well with what was approved tonight. (2) He noted that Baxter Meadows Phase VI, with the units still on the park was reviewed, and they didn’t change the plan at all. 9. Mayor Krauss noted at the Recreation and Parks Advisory Board meeting they heard three comments about this issue of wildlife, and they have considered changing the 100% right of way. (2) There have been changes in the master swimming program. Ron Dingman and Sue Harkin have had a tough time balancing the demands, but he doesn’t know if there are people better suited to work with the public. Work session - continued review of proposed revisions to UDO Included in the Commissioners' packets were the proposed revisions to the UDO. It was moved by Cr. Rupp to deny the remaining UDO revisions. The motion died for lack of a second. Assistant Planning Director Chris Saunders presented the proposed UDO revisions. UDO revision 220A was NOT forwarded through the revision process. 262 Page 24 04-17-2006 UDO revision 221 was forwarded through the revision process. UDO revision 223 was previously forwarded through the revision process. UDO revision 225 was forwarded through the revision process. UDO revision 227 was NOT forwarded. UDO revision 231 was NOT forwarded UDO revision 232 was continued to next week UDO revision 233 was continued to next week UDO revision 234 was continued to next week UDO revision 236 was NOT forwarded through the revision process. UDO revision 242 was NOT forwarded through the revision process. UDO revision 243 was forwarded through the revision process. UDO revision 244 will be heard in the future. Adjournment - 10:00 p.m. There being no further business to come before the Commission at this time, Mayor Krauss adjourned the meeting. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Devin M. Harbour, Acting City Clerk Approved May 1, 2006 263