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HomeMy WebLinkAbout1989-01-03 68 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 3, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Bui Iding, January 3, 1989, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, City Manager Wysocki, City Attorney I Becker and Acting Clerk of the Commission Lathrop. Mayor Stiff indicated Commissioner Goehrung would be tardy. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stiff asked if any of the Commissioners wished any of the Consent Items removed for discussion. Commissioner Martel requested Item 8a be removed from the Consent Agenda. City Manager Wysocki indicated this item would then become 6a on the agenda. City Manager Wysocki informed the Commission that Item 8c, Consent Item of the agenda is being added: Application for Beer and Wine License, William A. Sebena of Lewis & Clark Family Restaurant, Inc. dba Alley Cat Bar, 809 West Babcock. The City Manager instructed the Commission that the application is for the Alley Cat Bar on Iy , which is located in the basement of the structure and has a separate entrance, not the restaurant located in the same building upstairs. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of December 27, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, and Mayor Stiff; those voting No, none. Discussion - street/alley vacation application and fees City Manager Wysocki informed the Commission that this item is Exhibit A of Agenda Item I 5 which is Commission Resolution No. 2734; that previous action by the Commission required staff to recommend the application and fees through the resolution process indicating the application allowed for those instances which might involve a complex vacation. Commissioner Hawks requested staff's rationa Ie in establishing the fees. City Attorney Becker responded that site inspection and staff time was taken into consideration which may in- clude some necessary documents; the City Clerk fee covers publication of notice and filing fees; police and fire would involve on-site inspection; and the planning fee would essentially cover that department's review to insure the requested vacation is not part of an established zoning boundary. Commissioner Goehrung joined the Commission at 2 :05 p.m. Mayor Stiff requested direction as to what mechanics could be used to assess a larger amount of equitable money. City Attorney Becker responded that the request to vacate could be sold as a purchase of land through a contract for deed or other such land sale instrument; how- ever, the statutes were not clear as to whether the City could sell the land as a vacated alley or street. Commissioner Vant Hull queried the Commission as to their wishes of going to the Legis- lature requesting a clarification of the Code to allow the City to take this action. Commissioner Hawks voiced support for this action. Commissioner Goehrung concurred. Commissioner Martel stated there is a clear distinction in the statutes between vacating and selling or sale. Mayor Stiff voiced concern that the application does not specifically state that the grant- ing of the request is not compulsory by the City. I The concensus of the Commission was to add to the bottom of Exhibit A the following ver- balism: "Submission of Application For Street/Alley Vacation with appropriate fees in no way ob- ligates the City to vacate said street or alley; the City Commission will ultimately decide whether the Streett Alley Vacation can be done without detriment to the pub I ic interest." 01-03-89 69 Commission Resolution No. 2734 - establishing application fee and form of street/alley vacations. City Manager Wysocki presented Commission Resolution No. 2734, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2734 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE APPLICATION FEE FOR STREET/ALLEY VACATIONS AND FORM OF SAID APPLICATION. I The City Manager asked the Commission if they did not want to consider changing the re- sponse time indicated in Resolution No. 2732 to a longer period than fifteen days for the City staff to respond to the applicant's request for vacation. Responding to Commissioner Vant Hull's question, the City Manager indicated that this resolution will be brought back to the Commission. Commissioner Vant Hull then requested if this was the appropriate time to direct staff to contact the Legislature about adding to the ordinance that the City may dispose of property were the City to recover actual costs and value. City Manager Wysocki suggested this agenda item be disposed of first. Commissioners Hawks and Goehrung queried the City Manager as to how much time should be allotted for staff to respond to the application request. The City Manager suggested between thirty and sixty days would be a more appropriate response time for staff. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission adopt Commission Resolution No. 2734 establishing the application fee for for street/alley vacations and form of said application including amended verbalism to Exhibit A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Approval of loans for housing rehab as recommended by the Loan Review Committee City Manager Wysocki indicated the presence of Ms. Debbie Arkell of the Planning staff, I suggesting this would be an appropriate time to address the recommendation of the Loan Review Committee to approve loan applications for housing rehabil itation. Further noting that the ap- plications are to be considered confidential, therefore, refrain from any specificity of the appl ications. Mayor Stiff informed Ms. Arkell that one of the Commissioners had requested the item be removed from the Consent Item Agenda and asking Ms. Arkell if there was a time constraint in- volved. Ms. Arkell responded there was not. Commissioner Martel voiced concerns that in the past, repayment of these loans was spec- ific to a time and amount; these two applications are not. Ms. Arkell responded that the Loan Review Committee set the payment schedules for each applicant based on their individual needs and ability to repay the loans including a variable or deferred payment schedule. Commissioner Martel commented he felt under the same circumstances, there would be more applicants for these public funds; that it appears preferential treatment is now involved. City Manager Wysocki asked Ms. Arkell if the repayment schedules established for these two particular loans fell within the CDBG guidel ines. Ms. Arkell responded that the CDBG guidelines are no longer applicable in that the source of these loan funds was derived from in- terest on payback sources of previous CDBG loa n s ; the only guideline being that these funds must be spent on housing, either rental or resident-occupied. Ms. Arkell referred to Commission Resolution No. 2688 which document outlines the expenditure of these funds. City Manager Wysocki expounded further on the CDBG program which includes out-right grants and combination grant/loans to applicants who meet the specified I prerequisites. And further, should the applicant dispose of the property, the mortgagor has first lien, the City is second. City Manager Wysocki stated it appeared the concensus of the Commission was to place this item on next week's agenda; that during the coming week the Commissioners are encouraged to visit with Debbie on these two loan applications as well as the CDBG program. Commissioner Vant Hull requested an overview of the CDBG program also be placed on next week's agenda; the Commission concurred. Commissioner Martel moved to table Item 6a for one week during which an update on the CDBG program wi" be provided by staff, Commissioner Goehrung seconded the motion. The mo- tion carried with the following Aye and No vote: those voting Aye being Commissioner Martel, 01-03-89 70 Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - land assets committee Mayor Stiff recalled he had requested this item be placed on the agenda from last week's meeting stating he feels it is an item which should be dealt with by the Commission in total act- ing as a committee of the whole, taking into consideration those instances which would necessi- I tate confidential ity through the memoranda process. In the past, the Commissioners were con- tacted individually being careful not to convene a quorum of the Commission. City Manager Wysocki responded to Mayor Stiff's question stating the inquiries he receives from various sources are not particular to park land, rather they are acquisitions and exchanges of all types of property. Responding to Commissioner Vant Hull, City Manager Wysocki referred to the recent ac- quisition of the Haynes Bui Iding and possible leases therein; that often times the caller requests an immediate response. Commissioner Hawks stated a po I ic y is needed. Following further discussion and concensus by the Commission, Mayor Stiff requested volunteers from the Commission to draft a pol icy statement. Commissioners Hawks and Martel volunteered with Commissioner Goehrung deferring. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) City Manager Wysocki, in referring to the lack of snow over the weekend, indicated there does not seem to be concern over the accumulation of snow in the streets and on the sides of the streets. In answering Commissioner Hawks' question, the City Manager stated that usually during a lull of inclement weather, the crews do try to accomplish additional maintenance in the residential areas. I (2) Commissioner Vant Hull, referring" to the copy of a letter to the family of Chris Paradise, requested the Commission's concurrence in asking the Mayor to sign and send the let- ter indicating the City will not condone or tolerate racial violence such as occurred to her son over the weekend and to extend the City's sympathy to the family. (3) Commissioner Vant Hull requested the topics of "incineration" and "capital improve- ments" be placed on the upcoming 5th Monday Agenda for discussion. Mayor Stiff requested the discussion of reserve policy, enterprise fund, rate evaluation matters, grant pol icy, street main- tenance districts, funded asset replacement, sidewalk maintenance insurance coverage matter, etc., without adding any new items. Commissioner Vant Hull mentioned the topic of landscaping req u i remen ts . It was the concensus of the Commission to utilize the 5th Mondays as a discussion day for established 5th Monday topics with the Commission providing the list of topics within this week. (4) Mayor Stiff voiced concerns about the adequate representation the City should have available to address Legislative issues as they arise in the upcoming session. The City Manager urged the Commission to actively partake in person when possible on those legislative issues which affect the City. Daria Joyner, Executive Director of the Chamber of Commerce, informed the Commission that Laurie Shadoan, the Chamber's legislative representative, was now in Helena and available there to assist the City in addressing those specific bills concerning the City. City Manager Wysocki indicated the free FAX service at the Library is again available this year. Mayor Stiff and Commissioner Vant Hull said they would attempt to attend Legislative hearings if given enough lead time. I (5) Mayor Stiff requested a chronological listing of goal setting procedures based on last year's from the Interim Clerk of the Commission Lathrop. Commissioner Martel was instruct- ed to place requests from public for City garbage pickup on his list of goals. (6) Commissioner Goehrung reminded the Commission of the Bozeman Greens Pa rty sponsoring the public symposium on Public Waste Disposal, January 10, 7:00 p.m., Bozeman Pub- lic Library. Commissioner Goehrung will be a speaker addressing what the City has done and is doing with the amount of refuse going into the existing landfill. 01-03-89 71 Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Application for Beer and Wine License, the Great China Wall Restaurant, 525 Professional Drive Ap lication for Beer and Wine License, Lewis & Clark Famj( Restaurant, Inc., dba lIey at Bar, 809 est Babcock It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the I Commission approve the Consent Items as listed, and authorize and direct the appropriate per- sons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Recess - 3:15 p.m. Mayor Sti ff recessed the meeting at 3: 15 p. m., to reconvene at 7: 00 p. m. for the pu rpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Public hearing - Conditional Use Permit - Excellence Theatres for David & Yvonne Jarrett - allow expansion of theatre fad Iities, Lots 3, 4, 8 & 9, Tai Lane Addition, which constitutes major mod- ification of existing CUP (1611 So. 11th Avenue) This was the time and place set for the public hearing requested by David and Yvonne Jarrett to allow expansion of theatre facilities on Lots 3, 4, 8 and 9 of the Tai Lane Addition, which constitutes major modification of the existing Conditional Use Permit. The site is more commonly located at 1611 South 11th Avenue. Mayor Stiff opened the public hearing. I Planner Dave Skelton presented the staff report. He noted that Zoning Resolution No. Z-8836, is a recommendation from the Bozeman Zoning Commission for approval of this application, including thirteen conditions, by the Bozeman City Commission. Planner Skelton informed the Commission that no objections to this application have been received by his office to date. Further, that during the Zoning Commission meeting, the applicant did concur with the thirteen conditions except for Condition No. 3 that requests the applicant to tie into the City's municipal water system. The applicant, Tim Warner, dba Excellence Theatres, is proposing to add five additional theatres to the south of the existing building, each to accommodate 150 seats per theatre, which totals, with the existing theatres, approximately 1475 seats. A third access to the site, in addition to the two existing ones on South 11th Street, is proposed from the new off-street parking lot to the north to Lincoln Street. With the new off-street parking lot, the applicant is proposing or exceeding the off-street parking requirements of 290 parking spots by approximately 44 off-street parking spaces. The applicant was approved for a Conditional Use Permit on the existing structure in October, 1976, to construct the original bui Iding of 10,000 square feet. Approximately three months ago, Mr. Lowell Springer, architectural representative of the applicant, requested a minor modification to that Conditional Use Permit. At that time, the applicant was informed by the Planning Director that the proposa I was not a minor modification; thus the purpose of the application before you. A waterway which traverses the property at the southwest corner is designated a stream corridor in the Bozeman Master Plan, however, there are no floodplains or floodways affiliated with that stream corridor. The Di rector of Public Service has reviewed this application under the six criteria I requ ired for such a review; he recommended six items which are incorporated into the recommended thirteen conditions. The Director of Public Service requested a Waiver of Protest for Special Improvement Districts due to the heavy impacts of traffic that would be generated through the completion of Lincoln Street as well as traffic signalization of the intersection of South 11 th/ Kagy Boulevard, and Lincoln Street/South 19th Avenue. He further recommended accommodation of on-site storm drainage be provided and that an engineering drainage plan be submitted to his office prior to final approval. As mentioned previously, the applicant is being requested by the Director of Public Service to tie into the City municipal water system; and that the actual location of the existing sanitary sewer main adjacent to the site be identified on the 01-03-89 72 final site plan. All plantings within the uti lity easement are to be removed from that a rea to avoid future conflicts involving utilities in that easement. Further, the existing private road to the north and to the existing development of Tai Lane is to be vacated and a new access easement dedicated from the new proposed off-street parking lot to Lincoln Street prior to any site plan approval. Pedestrian access from the western portion of the new proposed parking lot will provide a more appropriate, direct route for pedestrian traffic to the theatre complex. Planner Skelton related a concern voiced by Mr. Craig Roloff, Director of Administration I at Montana State University, who is present, regarding protection of the stream corridor, the conflict of South 11th Avenue to the north as it conflicts with pedestrian traffic from the resi- dence halls and surrounding ca m pus complex, and the ove ra II impact of traffic this proposal would generate if approved. Planner Skelton referred to the Planning Staff report wherein it is stated that this devel- opment may be inappropriate to the developed surrounding area and its proximity to the Montana State University; and further, to recognize that a more appropriate zoning designation of this area to accommodate the University and commercial aspects of the area be considered. Planner Ron Brey's memo concerning signage was addressed by Planner Skelton which in- cluded comments regarding the conflict in the B-1 zoning district but also in the B-1 zoning dis- trict to the north which accommodates Joe's Parkway; both these areas have not developed as neighborhood business districts. The applicant's participation in the extension of Kagy Boulevard west was described by Planner Skelton as one of the major concerns of the Planning staff; however, the Director of Public Service is requesting the applicant participate in signalization only at the two intersections discussed. A t the invitation of the Mayor, appl icant's representative, Tom Anacker, addressed the issue stating that Mr. Tim Warner representing the owner was present along with Lowell Spring- er, project architect. Mr. Anacker then referred to the "Doctrine of Natural Expansion", which has been addressed in the court system, stating the subject area as zoned B-1 is unique because of its proximity to the MSU campus; that the expansion is part of a natural course of events for I a business. Mr. Anacker referred to a request by the University to vacate portions of Lincoln Street and Sixth Avenue during 1956; the City allowed this vacation in exchange for a commit- ment from the University that 11 th would not be closed. Further, that commitment is mentioned in Ordinance No. 789. Lowell Springer, project architect, informed the Commission that he was the original arch- itect on the existing structure when it was built in 1976; and that the "commodity" provided is consumable on-site. Through their independent traffic studies, it was determined there would be an average of 290 trips per day; and there are 1475 seats in the proposed expansion. Mr. Springer stated his applicant was in agreement with all the conditions except No. 3 . he further , requested that since the applicant was originally directed to put in a well, the staff look at the well and the good water quality that well produces inasmuch as there is no equipment for fire sprinkling. Excellence Theatres has not refused to hook on, howeve r . The character of this particular B-1 district was emphasized by Mr. Springer, describing it as a mixed-use B-1 zone that included the University and has historically developed as an entertainment center. Tim Warner of Excellence Theatres, Inc. , informed the Commission that the proposed ex- pansion is a necessity to his business in order to maintain their competitiveness in the market; that there is a six-month shelf life to a first run movie--then it reverts to cable television and videos. Mr. Warner noted that his company did renovate the Ellen and Rialto Theatres located on Main Street downtown, with the same being done at the Twin Cinemas. The point being that the company is putting money back into the community. He informed the Commission that the proposed expansion will include state-of-the-a rt sound systems. Total estimated construction I costs of the proposed expansion is at 1.2 to 1.4 million dollars; $14,000 was paid in taxes last year; and, the payroll for the theatre staff was $86,000 last year with an expected payroll in- cluding the expansion to be around $160,000 per year. Excellence Theatres, Inc., Campus Square location, allows the use of their facility by the University for viewing of films and conducting classes. The Company also supports and spon- sors various community groups throughout the year. Mr. Warner reiterated they would be wil- ling to sign up to the City water system. 01-03-89 73 Commissioner Hawks addressed Planner Skelton in regard to winter access problems on the north of the existing complex and asked if that access has been considered for one-way desig- nation. Planner Skelton responded that it had not been considered a one-way access. In r- esponding to Commissioner Hawks' question about the 30' utility easement, Mr. Skelton stated there are two utility easements, one of which ties into pn existing utility. Referring to Condition No. 5, Commissioner Hawks expressed concern about removal of any existing trees or I shrubs in those easements. Planner Skelton responded the subject had been thoroughly discus- sed with the staff and applicant with the consensus being there was other adequate open space to address the landscaping needs for this project. Commissioner Vant Hull suggested the wording be changed to "deep-rooted" landscaping thereby addressing the position of the Director of Public Works request to avoid problems with future underground easement access. Responding to Commissioner Martel's inquiry on Condition No.4, the existing service line was installed under city standards through an SID which was intended as the sewer service line to Resurrection Parish some years ago. Planner Skelton responded to Commissioners' Goehrung and Vant Hull queries on pedes~ trian traffic patterns and impacts by stating the applicant will be required to install sidewalks as determined by the Director of Public Service prior to final site approval within the proposed project and that South 11th sidewalk installation is a priority 1 on the City's sidewalk installation program. Planner Skelton further stated that four-foot high bollards will be placed appropriat- ely for pedestrian traffic within the complex, and there is adequate snow removal areas as pro- vided in the site plan. Commissioner Vant Hull queried Planner Skelton as to the timeliness of this project as it relates to the proposed extension of Kagy Boulevard; he responded that the proposed extension of Kagy Boulevard is an F. A. U. -funded project and that within the next two years the City will acquire the necessary right-of-way; the City has four yea rs to complete the extension Kagy Boulevard to South 19th Street. I Architect Lowell Springer responded to Commissioner Hawks' question regarding slippery accesses and drainage by stating the Development Assistance Committee of the City initially ad- dressed these questions and they have been adequately covered in the proposal stating sand is available when necessary. Commissioner Vant Hull voiced concern over the question of the completion of the Theatre as it relates to use of Kagy Bou levard. Architect Springer stated he thought construction would start in June with about a six-month construction period. Mr. Tim Warner stated all of the new traffic and some of the old traffic will utilize Lincoln Street. And further, show times are stag- gered, therefore they foresee no more than 50 or 75 cars will be utilizing the streets. Mayor Stiff then asked Mr. Warner's plans on the Ellen and Rialto theatres located on Main Street in downtown Bozeman. Mr. Warner responded that the Ellen and Rialto Theatres would never be converted to anything but theatres; the Twin Cinema could be converted to some other use; that they realize they have "a sacred trust" in leasing these two downtown theatres from their owner, Frank Vorell, and that the theatres will be there for a long time to come. Mr. Warner commented that Hardee's was at one time interested in purchasing the Twin Cinemas facility because of its high-traffic location. Mr. Warner responded to Commissioner Vant Hull's question by stating that when the ori- ginal Campus Theatre was built, the City did not want them on their water system, allowing only sewer hookup at that time, because he thought the reason at that time was a lack of water pres- sure in the system. The water use by customers in the facility is very little. The State has never expressed an objection to the theatre not being on the City water system. Further, that I if there was reasonable access to the City water system, Excellence Theatres, Inc. would not have a problem hooking up to it. City Manager Wysocki stated that the City water system is part of the Fire Department's needs. Architect Springer further addressed the issue of the water main by stating MSU owned the main at the time of the original construction of the theatre complex; that the subsequent well's pressure and quality is sufficient to accommodate the proposed expansion including the landscaping; further, that hookup to City water may be prohibitive. Mayor Stiff asked if anyone wanted to speak in support of the application. 01-03-89 74 Mr. Frank Vorell, representing the ownership of the Ellen Theatre and the Rialto Theatre, have dealt in the past with TOI and now Excellence Theatres, Inc. stating they have found the applicant to be good operators and good to the community of Bozeman. Mr. Vorell further stated his support for the Commission's approval of the applicant's proposal. McRay Evans, property owner next door to the proposed expansion, spoke in support of the project. Daria Joyner, representing the Bozeman Area Chamber of Commerce, favorably commented I on the applicant's wi lIingness to invest in the Bozeman community. Ms. Joyner further commented that every effort to extend Kagy Boulevard would be an advantage. No one was present to speak in opposition to the proposed Conditional Use Permit. Mr. Craig Roloff, representing Montana State University, commented he felt the applicants did a good job in putting together the project; his concern is that it is located in an area that is supposed to be a neighborhood area. The events held at the Fieldhouse, Stadium and Museum are controlled by traffic directors and that these faci I ities are non-profit. The problem is traffic, and the bulk of traffic from this proposal will use Lincoln Street which does not meet the first level of standards for any road. Commissioner Vant Hull asked Mr. Roloff how MSU would feel about creating an SID to improve Lincoln Street. Mr. Roloff responded that he would not commit MSU to improve Lincoln Street for Excellence Theatres; however, he felt MSU would be willing to work out a total pack- age with the surrounding owners and City staff. Commissioner Vant Hull commented that Excellence Theatres has stated they would be wil- ling to join an SID along with other subscribers. Mr. Warner commented that they were currently paying on an SID for South 11th Avenue and they are within three to four years of paying it off. Further, they would be willing to participate and pay their fair share of any future SID and would support it. They are a totally private enterprise, not requesting any tax breaks, grants or financial considerations of that nature. Commissioner Martel reiterated Mr. Roloff's concerns in regard to the traffic impacts the area might experience through approval of this application; however, enrollment at MSU has I dropped in the last four years from 11,000 to 10,000 students and no mention was made of traffic problems on Lincoln Street, South 11th or Kagy by the University and, therefore, how could you justify your current position. Commissioner Vant Hull referred to Mr. Roloff's letter wherein it was stated that the pro- posal should be approved only if Excellence Theatres offered to participate in the funding of an immediate extension of Kagy Avenue so that MSU can implement the II restriction II of traffic on 11 th Avenue as opposed to the University's prior position of their intent on IIclosingll South 11 th Avenue. Mr. Roloff responded that it would depend upon what development would be proposed for the surrounding roads; it's a possibility. In referring to Ordinance No. 789, descri bed by Mr. Anacker previously, Commissioner Vant Hull asked Mr. Roloff if the University has changed its position from closing South 11th Avenue to restricting traffic on South 11th Avenue. Mr. Roloff responded that the signature of the President of the University is not on that ordinance. Mr. Tom Anacker invited the Commission to look at the public record on this issue, and the commitment of the University during that action vacating two roads within the University under Ordinance No. 789, which includes a promise and covenant by the University that they will not prohibit or restrict traffic on South 11th Avenue. Mr. Warner stated he felt there is a conflict between the University and the City on the subject of the surrounding streets and would not like the project to become embroiled in that conflict; that he feels the University does support this project. Mayor Stiff addressed concerns that there may be an impression that the City and the I University are adversaries; they share common problems and will address them in the future. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week during the afternoon session of the regularly scheduled meeting of the City Commission on January 9, 1989. Break - 8:35 to 8:40 p.m. Mayor Stiff declared a break from 8:35 to 8:40 p.m., in accordance with Commission pol- icy established at their regular meeting of March 14, 1983. 01-03-89 75 Public hearin - Zone Ma Chan e - R-2-A to R-2 - Mike Mone , et al - Blocks 21, 22, 29 and 30, Valley Unit Subdivision #1 (bounded by Flathead, Toole, Yellowstone and Broadwater This was the time and place set for the public hearing requested by Mike Money for a Zone Map Change from R-2-A to R-2 on Blocks 21, 22, 29 and 30, of the Valley Unit Subdivision #1 (bounded by Flathead, Toole, Yellowstone and Broadwater). Mayor Stiff opened the public hearing. I Tom Sheely presented the Staff Report. He stated that the proposal is for a zone map change from R-2-A to R-2, the subject property being located in Valley Unit Subdivision, Phase 1. The subject property is comprised of 13 acres. Staff's major concern is if the City is pro- viding enough planned zones for single-family mobile homes. The Zoning Commission apparently feels this is not a problem in that they did recommend approval of the zone map change appli- cation as proposed. Again, the only concern staff had with the proposal is based on a court case which took place in Butte in 1982, commonly referred to as the "Martz Case," wherein the Butte Zoning Ordinance as it relates to mobile homes did not plan for single-family mobile home land. This R-2-A District is the only one in the Bozeman zoning jurisdiction that allows mobile homes in strictly single-family residential districts. Mr. Mike Money, residing at 105 Teton Avenue, which is located within the R-2-A District being discussed, requested the City to recognize the area for what it is, a developed R-2 neigh- borhood. Since that area's inception, no mobi Ie homes have been placed. Mr. Money further noted that the City does have mobile home land available in Annie, Tschache, Durston and Sebena areas; further, that a II criteria for the zone map amendment have been met. Due to the existing SID problems of the area, the current home owners have experienced a decrease in land values of approximately $3,000. Mr. Money then referred to a letter from Mr. Daniel Poling, 205 North Teton, requesting the Commission approve the zone change. Planner Sheely responded in the affirmative to Commissioner Hawks' query that this area was originally zoned R-2 by the developers of the subdivision, and then later changed; that a II the lots meet the minimum 7500 square feet and 70 feet width requirements. And, staff has no I concerns as it relates to exclusionary zoning. Mayor Stiff called for those wishing to support the application. Speaking in favor of the requested zone change were the following: Mr. J. D. Engle, 207 Flathead, stated he was not aware of the existing R-2-A zoning and requests the Commission approve the requested zone change. Mr. Don Borgeson, 311 Teton, was not aware of the R-2-A zoning and requests the Com- mission allow the neighborhood to remain an R-2 type area by approving the request before them. Mr. Harvey Hamburgh, 3905 Broadwater, requests the' City assis1 in maintaining the qual- ity of the area by approving the removal of the "A II designation from the zoning. Ms. Shirley Powell, 8 Teton, states she feels to allow mobile homes in this area would be unethical and that she was not aware of the zoning designation that allows this use in this area. She would like the Commission to consider allowing the area to remain and continue to grow as an R-2 valued area. Mr. Steve Campbell, 306 Flathead, requested the Commission approve the application and waive the one-week waiting period. Chris Simms, 315 North Yellowstone, informed the Commission that she moved from a mobile home cou rt to her present residence and, after touring Annie Subdivision which has a mixed use of stick-built homes and mobile homes, she finds the mix not aesthetically pleasing. Ms. Simms commen ted that prior to purchasing their present residence, they had done considerable investigation and found that a surrounding area of homes tends to equalize the I value throughout the area; therefore, if mobile homes were allowed, the property values would tend to drop. Paul Ward, 103 North Yellowstone, expressed surprise and concern when he learned that his neighborhood was zoned for mobi Ie homes. He urged the Commission to approve the zone change to R-2. Gary Perkins, 310 Flathead, stated he purchased his lot and built his home; further, he would not like to see mobile homes in the area and requests the Commission approve the zone change. 01-03-89 76 Cliff Renner, 321 North Yellowstone, stated that prior to building out there, he felt he had adequately researched the zoning in the area; he recently contacted the realtor and the builder for his property and they were not aware of the R-2-A zoning designation. Marlene Nydam, 202 North Yellowstone, who has resided at this address since the subdi- vision's creation, commented that she and her husband were not aware of the zone change that created this R-2-A designation. Ms. Nydam commented that they would never have bought in the area had they known it was zoned R-2-A. I Maurice Welsh, 3935 Toole Street, stated he is in support of the requested zone change. Referring to the Martz case, Mr. Welsh stated there are places in Bozeman for mobi Ie homes to go. Rob Wi Ikerson, 114 North Yellowstone, referred to Staff's concerns regarding exclusionary zoning stating the City Attorney has adequately addressed that concern. Mr. Wilkerson believes the two types of dwelling units currently allowed do not mix, and heartily recommends the Com- mission approve the zone change. No one was present to speak in opposition to the proposed zone change. Mayor Stiff closed the public hearing. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the cus- tomary one-week waiting period be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel to approve the Zone Map Amendment to change the zoning designation from R-2-A (Residential-Sing Ie Fami Iy, Medium Density) to R-2 ( Residential-Single Fami Iy , Medium Density) on 60 lots in Valley Unit Subdivision #1, known as all of Blocks 20, 21, 29 and 30, Valley Unit Subdivision #1. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Comm issioner Ma rtel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Adjournment - 9:20 p.m. I There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commj ssioner Ma rtel , Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: MARY CAIN LATHROP Acting Clerk of the Commission I 01-03-89