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HomeMy WebLinkAbout1987-04-20 147 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA April 20, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, April 20,1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Mathre asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Martel requested that the request for permission to conduct the march and rally submitted by Bozeman's Central America Peace Group, et ai, and the proclamation for World Population Awareness Week be removed from the Consent Items for discussion. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the minutes of their regular meeting of April 13, 1987, as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No. none. Librar Trust Fund monies - requested or speci ied eqUIpment and urniture City Manager Wysocki reminded the Commission that action on this item was tabled at last week's meeting until such time as the Library Board of Trustees had reviewed the request and made a final determination on the equipment to be purchased. He noted the item is now back on the agenda for consideration. I Director of the Library Steve Cottrell stated that the Library Board of Trustees has submitted the request for authority to purchase two personal computers and necessary software. He stated that one of the computers is to be used in conjunction with the Washington Library Network; and the I BM PC/ XT is the specific computer that must be used for that system. He noted that the Board is considering purchasing the new I BM Personal System 2 Model 30 for the administration, since that computer will be mainly used for word processing. The Director of the Library stated that he is discussing this issue with other City staff members to determine the best system and associated costs. He noted that the new system is more expensive; and purchasing it may require elimination of other items listed, such as the word processing program, or other funds may need to be used to cover the additional costs. Commissioner Martel expressed concern about the possibility of eliminating some of the accessories listed in the request to cover the additional costs. Mayor Mathre asked if additional funds are available in the Library Trust Fund if needed. Mr. Cottrell stated that the Library Trust Fund has a $22,500 balance. He then indicated that word processing software is available within the City that could be used on the new system; however, it is not as flexible as the Wordperfect software which he had hoped to purchase. Mayor Mathre asked if the library currently has word processing capabilities. The Director of the Library stated that the Broad Valleys Federation of Libraries has an Apple II Plus; however, in July that system will be moved to the new headquarters library. Mrs. Beverly Knapp, Chairman of the Library Board of Trustees, reminded the Commission that the Library Trust Fund monies are not tax-generated monies, but are gifts to the library. I She noted that the Board makes its decision, taking into consideration the advice of the library staff. She then reminded the Commission that, under the State Statutes, the Library Board of Trustees has the authority to make determinations on how those monies are to be expended. with concurrence of the City Commission. Commissioner Jordan stated he feels the entire system should be purchased at this time, using whatever funding sources are necessary. He indicated he does not feel any portion of what has been determined as necessary should be eliminated to keep the initial cost down. 04-20-87 145 The Commission then voted on the motion tabled at last week's meeting. which reads lilt was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission authorize expenditure of $11,236 in Library Trust Fund monies for specified equipment and furniture, as requested by the Library Board of Trustees." The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull. Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. of rior order directin installed and direct that notice be given I property owners - 1 8 City Manager Wysocki stated this item was placed on the agenda to clarify the issue for the purpose of selling warrants. Director of Finance Miral Gamradt stated that a recent conversation with Dorsey and Whit- ney revealed they are concerned that the minutes from last year's Commission meetings do not reflect each individual piece of property upon which sidewalks are to be installed. but simply describes the boundaries of the area. He indicated this item is before the Commission to reaffirm its previous order and to provide an opportunity to stipulate the specific parcels involved. The Director of Finance indicated that to me~t the requests made by Dorsey and Whitney, action to reaffirm prior actions must be taken. He noted that they do not recognize the prior actions because not all of the necessary steps were completed. Also, the Commission must direct the staff to send letters to each and every property owner involved; and must conduct a public hearing on May 4, 1987 to allow the property owners an opportunity to address the issue. He noted that Dorsey and Whitney feels that, although the Commission has made its decision to proceed. sufficient adverse testimony could result in the Commission overturning its previous action. The Di rector of Finance stated that Dorsey and Whitney has indicated that if all of those requests are met, it will issue an opinion on the warrants for this project. Director of Finance Camradt then reminded the Commission that engineering was completed on the entire area originally under consideration; and construction of sidewalks will occur on only the northern oncl~-half of that area under the current process. He noted the City will need I to bear the engineering costs for one year, until construction of the remaining sidewalks is ordered to be completed. Commissioner Martel asked if the Commission Resolution previously adopted is now void through this action, requiring that the process be started over. City Attorney Becker stated that Dorsey and Whitney has indicated that if the City follows the process as outlined. it will issue an opinion on the warrants. He. stated that the Commission does not need to adopt a new Resolution or begin the process again. He noted that the Resolution previously adopted outlines the boundaries of the district. He stated that Dorsey and Whitney has indicated that each parcel involved must be identified; and that can be accomplished through a motion and vote, referencing the list of parcels and property owners as prepared for the con- sulting engineers. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan. that the Commis- sion direct that sidewalks be installed upon the properties listed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission authorize and direct the staff to send notices to the owners of the parcels of property listed notifying them of this Commission action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - FYI Items I City Manager Wysocki submitted to the Commission the following "For Your Information" items. (1 ) A copy of a letter to Dave Cole, Administrator of the C. D. B. C. Program, listing items in the administrative rules that should possibly be reviewed. Commissioner Martel asked if this letter was prompted by a specific project. The City 04-20-87 .. 149 Manager indicated that, although he is aware of a couple projects. this letter is general, with nothing specific in mind. (2) A copy of a letter to Rolf Groseth, Associate Dean of Student Affairs and Services at MSU, suggesting that letters be sent to various groups reminding them of the rules and regu- lations for outdoor activities. (3) A copy of a letter to Alan Beals, National League of Cities, listing the Commis- I sioners' concerns about membership in that organization. (4 ) A copy of the claim just submitted _ by Book Publishing Company for updating of the Bozeman Municipal Code. He noted this item was discussed at last week's meeting, during prepara- tion of the City Commission's budget for the upcoming fiscal year. (5) The City Manager indicated that HB743, revising the redemption period for delinquent special improvement district assessments, is now on the Governor's desk for signature. (6) The City Manager noted that Item No. 17 on this agenda includes three public hearings and a preliminary plat review. He then suggested that the Commission open the public hearing on the Conditional Use Permit for the planned unit development and conduct its review of the preliminary plat at the same time, since both items are intertwined. He then suggested that after those items have been completed, the public hearings on the Conditional Use Permit re- quests for the day care center and the convenience store with gas station facilities be opened and conducted at the same time. Planning Director Lere stated support for the City Manager's suggestion, further suggest- ing that the staff reports for both items be given when the public hearings are first opened, with the applicants submitting their presentations, and then receiving public input on those items under consideration. Following discussion, the Commissioners concurred that the suggested process should help to streamline the process, causing less confusion than was experienced at the joint City-County Planning Board/ Zoning Commission meeting. (7) Commissioner Vant Hull stated she has received a letter of thanks from RSVP for the I wall In their office at the Senior Center. (8) Mayor Mathre stated she has received some mail which she will place by the Commis- sioners' mailboxes for review. (9) The Mayor reminded the Commissioners of the clean-up campaign to be conducted on Saturday, if the weather is good. She noted all of the Commissioners are invited to attend the barbecue. which the Chamber of Commerce is hosting at Bogert Park. (10) The Mayor asked Clerk of the Commission Sullivan to contact the chairmen of the various boards and commissions to schedule presentations at the various Commission meetings to be held in May. (11) Commissioner Martel gave the Commissioners copies of an information sheet on a presentation skills workshop being sponsored by the Toastmasters. City Manager Wysocki noted that Commissioner Martel had requested this item be removed from the Consent Items. Commissioner Martel expressed concern about some of the statements and claims set forth in the letter requesting permission to conduct this march and rally, noting those Items are not appropriate in this type of letter. He further expressed reservation about approving this request if such approval infers endorsement of the ideas and statements made by this group. I Mayor Mathre stated the Commission is only considering the request for permission to conduct a march and rally, not addressing their viewpoints. The City Manager stated that the Chief of Police has reviewed this request. He then concurred in the staff recommendation that the march and rally be approved, but that the march be limited to the sidewalks along the listed streets. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission approve the request for permission to conduct the march and rally on Saturday, April 25, 1987 beginning at 11: 00 a.m., from Cooper Park to the Federal Building, using only the sidewalks along the specified streets. The motion carried .by the following Aye and No vote: 04-20-87 . 150 those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commis- sioner Martel and Mayor Mathre; those voting No, none. Proclamation - "World Population Awareness Week" - April 20-25, 1987 City Manager Wysocki noted that Commissioner Martel had requested this item be removed from the Consent Items. Commissioner Martel noted that most proclamations indicate the group or association re- I questing it, but this one does not. He then asked who has requested this item. Mayor Mathre indicated that two individuals approached her about the issue; but she does not know if they are associated with any particular group. She then noted that this seems to be part of an educational effort which is currently underway. It was moved by Commissioner Jordan, seconded by Commissioner Stiff. that the Commission concur in the Mayor's proclamation of April 20 to 25, 1987 as "World Population Awareness Week. " The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No. none. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Request for permission to conduct Right of Life Walk - Pregnancy Pr~~~~ Center - start at Lindley Park, along Highland Boulevard, Kagy Boulevard, South Willson Avenue and Main -Street ana end at Lmdley Park - saturdall' June 6, 9:00 a.m. to noon (limited to sidewalk areas only alon~ the isted streets) - Proclamation - II ational Voluntee~eek" - Apri I 25 to May 1, 1987 Proclamation - "Be Kind to Animals Week" - May 3-9. 1987 Application for Liquor License - Major Drennon Post 903, VF~, ~~l East Main Street - Calendar _~~_!~87; _.temporar~ approval with Mal appr.9'ya1 contingent upon receipt of permanent tate License ApelicatlOn for Gaming License - Major Dr~~!l-,l'ost 90-r:- VFW, 321 ~ast Main street- two video draw poker machines - through. June 30, 1987 Acknowledge receipt o!_I_e_t!er from Pa~e. Wellcome re S~ction 8 Yod!rate . I Rehabilitation lirogram; refer back to Loan RevIew Committee f'Or further consideration Authorize absence of Commissioner Martel from meeting of May 11. 1987 in compliance with Section 7-3-4322(2), M.C.A. Claims It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Recess - 3:05 p.m. Mayor Mathre declared at recess at 3:05 p.m.. to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Public hearing - Commission Resolution No. 2649 - levying and assessing SID No. 649 - water, sewer and storm drains, Annie 5ub.s:tivislOn, Phase I -_$355,000:..00 This was the time and place set for the public hearing on Commission Resolution No. 2649, I as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2649 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 649 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT r-"O. 649. Mayor Mathre opened the public hearing. 04-20-87 151 City Manager Wysocki reminded the Commission that the assessments levied under this Resolution are preliminary assessments, based on the bond amount; and the costs will be relevied and reassessed after all construction costs, and all other associated costs, have been finalized. He then stated that these comments apply to the following two items as well. No one was present to speak in support of or in opposition to Commission Resolution No. 2649. I Mayor Mathre closed the public hearing. It was moved by Commissioner Martel. seconded by Commissioner Vant Hull, that the Commis- sion finally adopt Commission Resolution No. 2649. levying and assessing the assessments for Special Improvement District No. 649. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull. Commissioner Jordan, Commis- sioner Stiff and Mayor Mathre; those voting No, none. This was the time and place set for the public hearing on Commission Resolution No. 2650, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2650 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 650 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 650. Mayor Mathre opened the public hearing. No one was present to speak in support of or in opposition to Commission Resolution No. 2650. I Mayor Mathre closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion finally adopt Commission Resolution No. 2650. levying and assessing assessments for Special Improvement District No. 650. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan. Commissioner Stiff. Commissioner Martel and Mayor Mathre; those voting No, none. Public hearin - 2651 - lev No. 651 - street Improvements on and grave This was the time and place set for the public hearing on Commission Resolution No. 2651, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2651 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 651 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN. STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 651. Mayor Mathre opened the public hearing. No one was present to speak in support of or in opposition to Commission Resolution No. 2651. Mayor Mathre closed the public hearing. I It was moved by Commissioner Jordan, sended by Commissioner Stiff, that the Commission finally adopt Commission Resolution No. 2651, levying and assessing assessments for Special Improvement District No. 651. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Public hearin - draft Commission Resolution re ro osed pol ic for creation of 5 ecial Im- provement istricts This was the time and place set for the public hearing on the draft Commission Resolution 04-20-87 15~~ establishing the proposed policy for creation of Sptcial Improvement Districts. entitled: COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN RELATING TO SPECIAL IMPROVEMENT DISTRICTS AND ESTABLlSHIf'IG A POLICY RELATING THERETO. Mayor Mathre opened the public hearing. Director of Finance Miral Gamradt briefly reviewed the history of this item. He noted I that this draft resolution is the culmination of approximately four months of work on the part of the Commission and the City staff to develop a revised policy for the creation of special im- provement districts which will comply with federal regulations, protect the City as much as possible, and be acceptable to developers. Th~ Di rector of Finance stated that the revised policy establishes different criteria for creation of special improvement districts on developed land and undeveloped land. He noted that under undeveloped land, four options are listed. He noted that if at least 50 percent of the properties involved contain occupiable structures, the area is considered developed; and the City will sponsor special improvement districts for installation of water, sewer and paving, as it has in the past. The section of this policy for creation of special improvement districts on un- developed land is divided into four sections. Under the first option, if the developer installs water and sewer services at his own expense, the City will sponsor a special improvement district for the street improvements, with the developer paying the 3 percent administrative fee and the 5 percent SID Revolving Fund fee prior to the sale of bonds. Under the second option, if the developer posts a cash escrow account or provides some other acceptable form of credit or security in an amount equal to the first five yearsl assessments, including principal and interest, the City will consider sponsoring a special improvement district for the installation of water, sewer and street improvements. The third option addresses subdivisions which were created prior to 1978, where the improvements have not been installed. Under this option, the developer must establish a cash escrow account in an amount equal to 10 percent of the principal and interest payments on the bonds. The developer would be required to pay the 3 percent administrative I fee and the 5 percent 51 D Revolving Fund fee prior to sale of the bonds. The fourth option pro- vides for creation of a special improvement district which is not secured by the City's 51 D Re- volving Fund. The Director of Finance stated that this option is not a viable one at this time, however, it may be at some time in the future. He indicated that the developer would not be required to pay the SID Revolving Fund fee under this option; however, he would be required to pay the administrative fee prior to issuance of the bonds. Director of Finance Gamradt reminded the Commissioners that in 1983, the Commission recognized the problems being incurred under their SID policy and established the requirement for a cash escrow account in subdivisions which had concentrated ownerships. He noted that last fall, when the Commission was preparing to sell bonds for the Annie Subdivision SID's, the City found that its policy was not acceptable under federal regulations; and the Commission asked the staff to develop a revised policy which would meet those regulations, while protecting the City. The Director of Finance stated that the staff, with input from the Commission, engineers and developers, has developed a revised policy; and that is the item under considera- tion at this public hearing. He noted that the policy is based on the City of Billings' draft policy, with some substantial changes and additions. He stated a copy of this policy has been sent to Dorsey and Whitney; and they have indicated basic concurrence. The Director of Finance then stated that the staff is currently reviewing the City's current acceleration policy and is almost ready to submit a recommendation on that portion. He noted that the acceleration policy will be included in the final Resolution. Mr. Jim Dobrowski, Morrison-Maierle, noted that it would be difficult to develop any por- I tion of a vacant subdivision within the city limits since water and sew~r services and streets must be in place before construction may begin, under the City's current subdivision regulations. He also noted that the diverse ownership in a pre-existing sudivision, such as Graf's Second Subdivision, can create problems if all owners do not support the creation of an 5 I D, and asked if those in favor of the project would be required to meet the entire cash escrow requirements for the district. .. 04-20-87 153 Director of Finance Camradt stated that in pre-existing subdivisions. a cash escrow account equal to 10 percent of the principal and interest payments on the bond issue must be established. He noted that the City does not really care who deposits the monies; however, the City does require that those involved enter into a written agreement. He stated under that agreement, items such as percentage of contribution to the cash escrow account. ownership changes and defaults can be addressed. I Mr. Dennis Cattin, property owner in Craf's Second Subdivision, asked whether those paying into the escrow account will have their entire deposit protected under the agreement. He noted it is important, especially for those who pay their prorata share into an escrow account, to have that investment protected. City Manager Wysocki stated that the City will try to address that issue through the ag reement. No one was present to speak in opposition to the proposed poliCY for establishing special improvement districts. as established in the draft Commission Resolution. Mayor Mathre closed the public hearing. The Commission will take action on the Commission Resolution after it has been finalized. Public hearing - Conditional Use Permit - Les G. Wheeler - allow a health and exercise establish- ment to occupy existing structure - 1602 West Beall Street This was the time and place set for the public hearing on the Conditional Use Permit requested by Les G. Wheeler to allow a health and exercise establishment to occupy the existing structure on Lot 2 of the Rearrangement of Block 3 of Kirk's Second Subdivision. The site is more commonly located at 1602 West Beall Street. Mayor Mathre opened the public hearing. Zoning Administrator Mike Money presented the Staff Report. He stated that the applicant was required to appear before the Board of Adjustment, seeking a variance to the off-street park- ing requirements because the site does not have an adequate number of spaces for this use. He I noted that the Board of Adjustment has considered. and approved, this request. The Zoning Administrator stated that the health and fitness center has already moved into the location, unaware that a Conditional Use Permit was necessary because the structure had re- mained vacant more than ninety days, thus losing its grandfathered nonconforming use status. He stated that the Zoning Commission reviewed this application and recommended approval, subject to four conditions. He noted that one of those conditions was met when the applicant appeared before the Board of Adjustment and received his requested variance to the off-street parking requirements; and reviewed the three remaining conditions. Mr. Mike Wheeler, Manager of the Health Habit Fitness Center, stated that he is willing to accept the conditions recommended by the Planning Staff and the Zoning Commission. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Mathre closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the customary one-week interval be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. It was moved by Commissioner Jordan. seconded by Commissioner Stiff. that the Commission approve the Conditional Use Permit requested by Les C. Wheeler to allow a health and exercise establishment to occupy the existing structure at 1602 West Beall Street, subject to the following conditions as recommended by the Zoning Commission: 1. That the applicant provide a detailed scaled drawing (final site plan) of the unit in I question, noting the capacity of the facility and the location of two signs limiting its capacity to nine (9) people. One sign is to be placed at the entrance and the other on a visible interior wall in the work-out area. The sign shall have a minimum size of 12 inches by 12 inches and not contain any lettering less than two (2) inches in height. The signs must be in place prior to approval of the final site plans; 2. That the scaled drawing (final site plan) note that the facility is to be used only for weight lifting and that any change in use must be approved by the Zoning Administrator. *NOTE: The Zoning Administrator may require the applicant to seek approval of a conditional use permit application if he feels the off-street parking demands will be increased within the proposed change in use. I< 04-20-87 151+ 3. That three copies of the final site plan, containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within thirty (30) days of the date of the City Commission approval and prior to issuance of a building permit for the project. One signed copy shall be retained by the Zoning Administrator; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the appl icant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan. Commissioner Stiff, Commissioner Martel and Mayor Mathre; those I voting No, none. Public hearing - Zone Map Change - 8-2- T to M-1 - John Miller for Albert McChesney - Lots 21 A and 22, McChesney Industrial. Park (along south side of Griffin Drive, just east of the River's Edge) This was the time and place set for the public hearing on the request submitted by John Miller for Albert McChesney for a Zone Map Change from B-2-T, Community Highway Business with a Transitional Overlay, to M-1, Manufacturing and Industrial, on Lots 21 A and 22 of the McChesney Industrial Park. The subject site is more commonly located 'alMlg the south side of Griffin Drive, just east of the River's Edge. Mayor Mathre opened the public hearing. Zoning Specialist Dave Skelton presented the Staff Report. He stated the applicant has requested this Zone Map Change to bring the zoning on the property into compliance with the Master Plan's land use designation of industrial. He stated the staff has recommended that the zoning be changed to M-1- T, allowing an opportunity for careful review of signage and buffering through the public hearing process; and noted that the other properties in that immediate area also carry the "T" designation. The Zoning Specialist stated that the Zoning Commission re- viewed this application and concurred in the Planning Staff's recommendation for approval of the Zone Map Change from B-2-T to M-l-T. Commissioner Martel questioned adding the liT, II noting that the staff has indicated its intent to review that item. I Zoning Specialist Skelton stated that the staff is in the process of reviewing the liT" designation and will process a Zone Code Amendment before the Zoning Commission and the City Commission, hopefully within the next few months. He then stated that process does not affect adding the "T" designation to this request at this time. No one was present to speak in support of or in opposition to this requested Zone Map Change. . Mayor Mathre closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the customary one-week interval be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull', Commissioner Jordan and Mayor Mathre; those voting No, none. It was moved by Commissioner Martel. seconded by Commissioner Vant Hull, that the Commis- sion approve the Zone Map Change from D-2- T, Community Highway Business with a Transitional Overlay, to M-1- T, Manufacturing and Industrial with a Transitional Overlay, on Lots 21 A and 22 of the McChesney Industrial Park. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull. Commissioner Jordan, Com- missioner Stiff and Mayor Mathre; those voting No. none. Public hearing - Mast.;!:..l:12!:1- Amendment - establish Master Plan Amendment procedures I submittal requirements and reView criteria for amendment2_l9._!.he Bozeman Area Master plan This was the time and place set for the public hearing on the Master Plan Amendment re- I quested by the City-County Planning Staff to establish Master Plan Am!ondment procedures, sub- mittal requirements and review criteria for amendments to the Bozeman Area Master Plan. Mayor Mathre opened the public hearing. Long Range Planning and Subdivision Administrator Marcia Elkins presented the Staff Report. She reminded the Commission that this item has been before them on two other occasions; and they have approved the amendments but the County Commission has not. She noted this third proposal includes the changes requested by the County Commission; and they 04-20-87 155 will consider this item at their meeting to be held tomorrow. She noted that this amendment contains the revision that both governing bodies must review all Master Plan Amendments, whether they are located within city limits or the jurisdictional area. She stated that other revisions have also been incorporated into this proposal, including many of those submitted in the prior two applications. The Planner then stated that the City-County Planning Board has reviewed this Master I Plan Amendment and recommended approval. Commissioner Vant Hull noted that there have been instances of changing the land use designation, based on a specific project that has never been developed; however the new land use designation has remained In place. She then asked if such changes in land use designations could be tied to specific projects to avoid such situations. Planner Elkins stated that the Master Plan is a general guideline and does not deal with specific plans. Commissioner Martel noted that It appears the Master Plan can be amended through two different processes and asked if publ ic hearings are required for both. Planner Elkin! stated that the Master Plan is updated every three years, with the necessary changes being made at those times. She noted that an application for a Master Plan Amendment may be made at any time. She then indicated that all amendments must go through the public hearing process under the State Statutes. No one was present to speak in opposition to the requested Master Plan Amendment. Mayor Mathre closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the custom- ary one-week interval be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. It was moved by Commissioner Jordan. seconded by Commissioner Stiff, that the Commission approve the Master Plan Amendment requested by the City-County Planning Staff to establish I Master Plan Amendment procedures, submittal requirements and review criteria for amendments to the Bozeman Area Master Plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel. Commissioner Vant Hull and Mayor Mathre; those voting No, none. B rea k - 7: 55 to 8: 07 p. m . Mayor Mathre declared a break from 7:55 p.m. to 8:07 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearings - (1) Conditional Use Permit - Southwood Center PUD; (2) Preliminar~ Plat review - Amended Subdivision Plat for Lot lA, Block 6 of the Amended Subdivision Plat of Tompson's F'ourth Addition (north side of Kagy Boulevard between South Tracy Avenue and South Willson Avenue); l3} CondItIOnal Use PermIt - southwood Center Day Care Center; l4} CondItional Use PermIt - Southwood Center Convenience Store - all requested by Clair Dames for Southwood Partners This was the time and place set for following: (1) a public hearing on a Conditional Use Permit for the Southwood Center Planned Unit Development; (2) a preliminary plat review of the Amended Subdivision Plat for Lot 1 A, Block 6 of the Amended Subdivision Plat of Thompson's Fourth Addition; (3) a public hearing on a Conditional Use Permit for the Southwood Center Day Care Center; and (4) a public hearing on a Conditional Use Permit for the Southwood Center Con- venience Store. All four items are requested by Clair Daines for Southwood Partners; and the subject parcel is located along the north side of Kagy Boulevard between South Tracy Avenue I and South Willson Avenue. Mayor Mathre opened the public hearing on the Conditional Use Permit for the Southwood Center Planned Unit Development. The Mayor further suggested that the Commission conduct its review of the preliminary plat of the Amended Subdivision Plat for Lot lA, Block 6 of the Amended Subdivision of Thompson's Fourth Addition in conjunction with the public hearing, since these items are intertwined and apply to the same area, and since no public hearing is required for the preliminary plat. Zoning Administrator Mike Money presented the Staff Report for the Conditional Use Permit. He stated that the planned unit development would be located within a B-l- T, Neighborhood 04-20-87 158 Business with a Transitional Overlay, District. He noted that this application includes a set of developmental guidelines for all structures to be located on the sitflt. It also includes a proposed park area and shows landscaping and drainage facilities to be contained within the project area. The Zoning Administrator reminded the Commission that two structures are currently located on the subject site, noting that they were constructed as Phase I of this project. He stated those structures are currently occupied by professional offices. He noted that the site would be r' developed as a clustered lot development. on ten lots; and a common open area has been desig- I nated . He stated that the developmental guidelines have been prepared to address the require- ments of the planned unit development of the Zone Code as well as the concerns listed in the transitional district overlay. He further noted that the guidelines will help to ensure that development on the site is compatible with the surrounding area. which is generally residential. Zoning Administrator Money indicated that some of the concerns expressed during the Zoning Commission meeting included the amount of off-street parking to be provided and the effects that lighting from this project may have on the surrounding area. Neighborhood conc&rn was also expressed that this process circumvents the public hearing process; however, this initial process includes three separate public hearings and all future uses may be required to go through the public hearing process. Zoning Administrator Money stated that the Zoning Commission reviewed this application and recommended approval, subject to 23 conditions. Long Range Planning and Subdivision Administrator Marcia Elkins presented the Staff Report for the preliminary plat. She noted the subject property is located in the Northwest Quarter and the Southwest Quarter of Section 18, Township 2 South, Range 6 East, M.P.M., and is more generally located west of South Tracy Avenue, north of Kagy Boulevard, east of South Willson Avenue and south of Langohr Park. Under this preliminary plat, the subject 4.4-acre tract would be divided into twelve lots, which would be developed through the planned unit develop- ment process. She noted that Lots 1 A-l1 and lA-12 would be in common ownership, being utilized as access drives, off-street parking and common open space. Lots 1 A-1 and 1 A-2 would be used for residential development, since they front on South Willson Avenue. Lots 1 A-3 and 1 A-4 con- I tain the existing two commercial structures on the site; and the remaining six lots within th-e subdivision would be used for future commercial development. The Long Range Planning and Subdivision Administrator noted that the Bozeman Area Master Plan designates the entire parcel for development as neighborhood commercial; however, the zoning designation on the two lots fronting on South Willson Avenue is for single-family medium-density residentia I. Planner Elkins stated that the City-County Planning Board conducted' its public hearing on this preliminary plat and recommended approval, subject to twelve conditions. She noted the Board further recommended a partial waiver of the Community Impact Statement and Environmental Impact Statement. Also, the parkland dedication requirements for the subdivision have been met through the open space area designated through the planned unit development. Mr. Dan Kamp, Fullerton Architects, stated that the developmental guidelines have been written in an attempt to address the concerns listed under the 1fT" designation. He stated the developers intend to maintain the residential character of the neighborhood in this residential development and have established adequate control through the guidelines to address all future construction. He noted that the guidelines do provide for flexibility, creativity and innovative- ness. Mr. Kamp then stated that the area to be dedicated as open space is heavi Iy wooded and contains a natural spring. He further noted that leaving that area as a natural area will provide a buffer for the residential area on South Willson Avenue, which is the only place where this site directly abuts a residential development. He stated that setbacks from South Tracy Avenue and Kagy Boulevard have been generally increased to correspond with existing development in I the area. Mr. Kamp then stated that the developers plan to make this a high quality commercial development which will be compatible with the residential area. Mr. Jack Schunke. Morrison-Maierle Engineers, stated that the developers agree to the conditions listed for the Conditional Use Permit as well as the preliminary plat. He gave a brief history of the subject site, noting that it was subdivided in 1965; and in 1972 the property was rezoned to B-l- T. He noted that the two lots fronting on South Willson Avenue were rezoned in 1978 from 8-1- T to R-2, since residential development seems more compatible with the adjacent 04-20-87 157 residential area. Mr. Schunke indicated that the K wi k Way store adjacent to the subject property was constructed in the mid-1970's, as were the two professional office buildings which were constructed as Phase I of the Southwood Center project. Mr. Schunke then briefly reviewed the storm drainage system for the parking area. He noted that the drain will have a concrete basin with an oil and gas skimmer. He stated that sedimentation will settle while the oil and gas will float; and the water will pass through a baffle .. I system, into a pipe and a detention basin located on the northern portion of the site. Jack Schunke then indicated that water and sewer service lines will be run from the mains in South Tracy Avenue to structures located on this site. He noted that the applicant has participated in the installation of the water and sewer mains in South Tracy Avenue. Kagy Boulevard and South Willson Avenue through special improvement district assessments. Mr. Schunke stated that 1 Ll5 off-street parking spaces will be provided for this planned unit development, with 60 of those spaces being allocated to the existing professional buildings, 16 to 19 spaces to be allocated for the day care center and 10 spaces for the convenience store. He noted that will leave 56 to 59 parking spaces to meet the needs of future buildings on the site, indicating that would meet the parking requirements for approximately 16,000 square feet of commercial space. He stated that the parking area has been broken up to lessen its visual impact on the adjacent residential areas. Jack Schunke then stated that if all of the traffic generated by this development were to use Kagy Boulevard in addition to existing traffic, the street would be at less than 40 percent of its capacity. Mr. Clair Daines. 2001 Fairway Drive, gave a brief history of the site. He noted that the current zoning on the parcel is extremely restrictive; and any development must go through the public hearing process. Mr. Daines then stated that he feels the proposed development is a good one, noting that the structures are located throughout the site, and not constructed as a strip center. He indicated that the streets on the east, south and west sides of the site and the park on the north provide natural buffers for the adjacent residential areas. He noted the I only point of immediate contact is along South Willson Avenue; and the common open space is located along that area to minimize the impact on residential development. Mr. Daines stated that when the subject site is fully developed, it should generate approximately $30,000 in taxes. Mr. Daines then stated that neighborhood concern has been expressed that this proposal will overuse the site and not provide adequate parking. He noted that any development of the site will probably require public hearings due to its zoning. He then indicated that the develop- mental guidelines will also limit the uses and sizes of the four future buildings on the site; and the parking to be provided will meet or exceed the requirements for the site. Mr. Daines stated that development of the site will occur as the market is able to absorb the construction. Mayor Mathre asked Mr. Daines if he is willing to accept all of the conditions rec- ommended for approval of the Conditional Use Permit and the preliminary plat; and Mr. Daines indicated he is. Commissioner Vant Hull questioned whether adequate parking is being provided, noting that the staff report indicates the total parking is minimal. Zoning Administrator Mike Money stated that uncertainty on how the remaining lots will be developed makes it difficult to project the number of parking spaces that will be required. He noted that the site may not be developed to its full potential; however, the planning staff must base its figures on the full potential if it has no specific proposal to review. Commissioner Vant Hull asked what would happen if a use were to terminate and a new use go into one of the structures which required more parking spaces than had been provided. I The Zoning Administrator stated that type of situation would not occur because either the use would not be allowed or additional parking stalls would be required. Commissioner Martel noted concern has been expressed about the setbacks; however, the setbacks from Kagy Boulevard and South Tracy Avenue seem more than required. Zoning Administrator Money stated that the Zone Code requires a 25-foot setback from the streets; and that is what is being provided in each case. He noted that concern has been ex- pressed about the day care center's proposal to fence the front yard along the property lines. using that area for outdoor activities. 04-20-87 -----.----- 152, Mayor Mathre noted the Commission has received several letters concerning the planned unit development and preliminary plat for this proposed project. She then listed those letters, as follows: Ed and Doris Ward. dated April 9; Ernest Ahrendes, dated March 9 and April 7; Mary Gray, dated February 26 and March 9; Mary and Robert Macdonald, dated March 27; Edward Sondeno, dated March 27; Ed and Doris Ward, dated April 9; Steve Custer, dated Apri I 27; Gerald and Nancy Lapeyre, dated April 17, Ed and Doris Ward, dated April 16; Margaret Heath, dated Apri I 16; and John Parker, dated April 20. I Mr. Robert Macdonald, 11 Hoffman Drive #20, stated he lives directly across South Tracy Avenue from the subject property. He stated he feels the proposed planned unit development will put too much in too little space; and the off-street parking to be providtld will not be adequate. He indicated he has little objection to a day care center being located within the project; however, he feels reasonable buffering should be provided. Mr. Dana Schrupp, resident of Woodbrook, noted that complex contains 71 dwelling units, all of which will be affected by this development. He indicated that he feels the proposed project will jeopardize the quality of the area. Mr. Clarence Kommers, 1516 South Black Avenue #49, stated he is not opposed to the pro- posed development as such, noting that if the development follows the plans set forth at this time, it should be compatible with the surrounding area. He noted that Mr. Daines has a reputa- tion as a good builder in Montana; and he feels the buildings will be tastefully done. He stated that he does feel the proposed plan places too much on the land; and he would I ike to see larger setbacks from the street. He also stated he feels adequate buffering and landscaping should be required to create an attractive development. Mrs. Ann Banks, 7 Hill Street, urged the Commission to accept and impose the conditions recommended by the Planning staff and the Zoning Commission. She also encouraged the Commission to impose landscaping and buffering restrictions which will minimize the impact of this develop- ment on the surrounding area. Mrs. Nancy Lapeyre, 1704 South Willson Avenue. asked what the definition of a neighbor- hood is, if this property is zoned for neighborhood business. The Zoning Administrator indicat4ed I that the Master Plan does provide a definition of a neighborhood, which basically indicates an area between one-half and one mile in radius and serving approximately 2,000 people. Mrs. Lapeyre indicated she would not be opposed to small businesses, such as a grocery store, which serve the immediate area; however, she is opposed to a business that would attract people from the entire southeast part of Bozeman. She noted that such businesses would definitely impact the existing neighborhood. Mr. Jody May, 1219 South Tracy Avenue, stated support for the planned unit development, noting the consistency in which the developer has approached this project. He then expressed concern that the landscaping proposal is not specific. He noted that a substantial portion of the existing aspen grove will be eliminated when the project is constructed; and he feels the builder should establish a replacement schedule and plant trees of substantial size. Mr. May then noted that the drain system for the site must be cleaned periodically; and suggested that it be specified somewhere that a clean-out occurs a minimum of once a year or possibly more frequently. He noted that the drainage from this site will enter an area with an extremely high water level. Mr. May stated that buffering has been addressed along Kagy Boulevard on the south side and to the northwest, facing South Willson Avenue; however, he feels that buffering to the east, along South Tracy Avenue, should be more adequately addressed. Mr. Frank Sprinkle, 1711 South Willson Avenue, noted thClt the proposal provides a 30-foot walkway across the open space area to South Willson Avenue, questioning the need for such a wide walkway. Mrs. Doris Ward. 11 Hoffman Drive #17, stated that under the B-1 zoning designation. all I business activities are to be completely enclosed. She noted that with the day care center. because of the nature of the business, outdoor activity will be involved. She indicated she Is not opposed to the use; however. buffering for the residential area is necessary. Commissioner Stiff asked about cleaning of the storm drain basin, asking how much mainte- nance would be involved. Mr. Jack Schunke stated that It should be cleaned annually. He noted that gravel and dirt will settle in that concrete basin; and a septic tank cleaner could come in and clean it out 04-20-87 159 with a vaccuum hose for probably $30 to $40. He stated that under the covenants and develop~ mental guidelines, the homeowners' association would be responsible for that maintenance. Commissioner Stiff then questioned why the water from this catch basin would flow into a detention pond rather than directly into the stream, since it is supposed to be basically pure. Mr. Schunke stated that the detention basin provides an area to catch this water as well as heavy rain or snow waters, allowing them to run into the stream at a more even pace. He I noted that such a facility is required in the subdivision regulations. Mayor Mathre continued the public hearing on the Conditional Use Permit for the Southwood Center Planned Unit Development until 2:00 p.m. on April 27,1987. which is the next regularly scheduled Commission meeting. She further continued the preliminary plat review until the same time. Mayor Mathre opened the public hearing on the Conditional Use Permit for the Southwood Center Day Care Center. Zoning Specialist Dave Skelton presented the Staff Report. He stated that under this Conditional Use Permit, a 5, 724-square-foot day care center, which would house Pooh Corner Child Care, in addition to family education and counseling service and office space for CD Property Management, would be constructed on Lot 1A-8 of the Amended Subdivision Plat of Lot lA, Block 6 of the Amended Subdivision Plat of Thompson's Fourth Addition. He noted the subject lot is more commonly located along the west side of Tracy Avenue at its intersection with Hoffman Drive, in the northwest corner of the proposed planned unit development. He stated the exterior of the structure will be stucco with vinyl siding. He reminded the Commission that this structure must be in compliance with the developmental guidelines which were discussed in the previous public hearing. The Zoning Specialist noted the only buffering between this facility and the residential area is the front yard setback and; as a result, fence screening and landscaping are suggested along the east and north setbacks. He noted that the applicant has indicated his intent to take advantage of his ability to construct a fence along the property lines, which is allowed under I the Zone Code. He then stated that outdoor activities are required for day care facilities; and, although the zoning regulations do not allow activities to occur in the front yard setbacks, it will because that area will be used to accommodate some of the required outdoor activity time. He indicated that, as a result of that use, the Planning staff has recommended that additional buffering be provided along the South Tracy Avenue property line to protect the residential development to the east as well as the children in the yard. Zoning Specialist Skelton stated that the applicant has proposed a vinyl-covered chain link fence around the subject site; however, that does not comply with the developmental guide- lines for the entire project. He then indicated that the applicant had also proposed using wood chips in the front and rear yard setbacks; however. the Zone Code requires that 75 percent of the area be covered with live vegetation. The Zoning Specialist stated that the land use desig- nation in the Master Plan for the subject site is neighborhood commercial; and through the con- ditional use process. the proposed day care center would be in compliance with that designation. Zoning Specialist Dave Skelton stated that the Zoning Commission conducted its public hearing on this application, after which it recommended approval, subject to thirteen conditions. Ms. Linda Brock, architect, stated she represents the Pooh Corner Day Care facility, the applicant for the Southwood Center Day Care Center. She stated that the conditions recommended by the Planning staff do not indicate that buffering needs to be increased, but that the land- scaping must be increased. Ms. Brock then noted that concern has been expressed about the type of fence and the landscaping to be installed and suggested that the applicant be required to work with the Planning staff on those plans. She stated that the Zone Code allows the fence I to be constructed along the property line; however. she noted that cutting the corners off with the fence could provide a good landscaping area and would break up the straight line effect of the fence. She also suggested the possibility of snaking the sidewalk, if the Commission would allow it, with the planting of trees outside the fence as well as inside. Ms. Brock noted that a specific amount of outside area is required for each child in a day care facility; and the subject lot provides more than the required amount. She further noted that the state law also allows a day care facility to use an adjacent park area to meet a portion of its required activity space if necessary. She noted concern has been expressed about the 04-20-87 160 noise which will be created by the day care center; however, she does not feel that an additional setback would have any impact. She stated concern was also expressed about having a day care center located next to a convenience center with gasoline pumps; however, the children are dropped off and picked up inside the building, and the general hazard of a. gasoline station wou Id be no greater for the day care center than for professional offices. Ms. Brock stated the applicant is willing to meet the conditions recommended by the Planning staff and the Zoning Commission. She noted that three more parking spaces have b~tn I allocated to this use than are required in the Zone Code due to the possibility that the use of this structure could some day be changed to a professional office use, which would require the additional spaces. She then cautioned the Commission that the subject of additional buffering has been raised; however, the project must remain financially feasible. Mrs. Jan Druckenmiller, Director of Pooh Corner, stated she started the day care facility in 1975. which was relocated in 1976 and expanded into a second location as well in 1983. She noted that their second facility is located in a structure which is for sale; and she has not been able to find any other suitable location for her facility. She stated it would be good to combine the facilities back into one location; and she feels that having family services available in the same building would be beneficial. She further noted that relocation would allow implementation of a toddler program which would accept children from eighteen months to two and one-half years old. Mrs. Druckenmiller indicated that State licensing does not ensure a good quality program; however, she wants to pursue national accreditation, which does. She noted there are currently no accredited programs in the state. Jan Druckenmiller noted that the Southwood Center is located in a semi-business and semi- residential area. She further noted that people have a natural tendency to fear the unknown. which she feels is causing some of the concern about her project. She then submitted to the Commission a letter of support from Mr. and Mrs. Joe McKinney, who live immediately across the street from her business. Mayor Mathre asked Mrs. Druckenmiller if she is willing to accept the fourteen conditions I recommended by the Zoning Commission; and she indicated that she is. Mr. Clair Daines, 2001 Fairway Drive, stated that he has provided a petition of support, containing 195 signatures, for the day care facility and the convenience store/gasoline station. He then noted that cost must be carefully considered while addressing buffering and landscaping requirements. He noted that the day care facility must maintain its ability to provide good child care at a reasonable cost. Commissioner Vant Hull noted that a letter from one of the opponents indicates that the front yard area is to be used for outdoor activities, which is now allowed under the Zone Code. City Attorney Bruce Becker stated that Zoning Specialist Skelton addressed that issue. He noted that a child care facility is a conditional use under this zoning designation. He further noted that state law requires a specified amount of space per child for outdoor recrea- tional activities, which does conflict with the zoning regulations. Mayor Mathre noted that the following letters have been submitted to the Commission: Mr. and Mrs. Macdonald, dated March 27 and April 15; and Mr. and Mrs. Rinker, not dated; John M. Wallace; Edith Harrington; Edward Sondeno, dated April 17; Howard Busching. B rea k - 1 0 : 1 3 to 1 0 : 20 p. m . Mayor Mathre declared a break from 10:13 p.m. to 10:20 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued Public hearings - (3) Conditional Use Permit - Southwood Center Day Care Center; I (4) Conditional Use Permit - Southwood Center Convenience Store - all requested by Clair Daines for Southwood Partners --------- Mr. Lowell Springer, 117 Hoffman Drive, reminded the Commission that about eleven years ago, he was before the Commission with a planned unit development between South Tracy Avenue, Hoffman Drive, South Black Avenue and East Mason Street. He noted that project went through several public hearings; and the proposal upset many of the people living in that area due to "p~ the proposed density of the project. He noted that over the years, the project has been completed and has become an asset to the community. He then reminded the Commission that the 04-20-87 161 original proposal contained a 2. 3-acre commercial area, which was later rezoned and developed as residential due to changes in the economy. Mr. Springer noted that the economy has once again changed; and he feels that development of the subject site as a commercial planned unit develop- ment will be beneficial to the area. He then encouraged the Commission to consider the quality of the people involved in this project, as well as the following project, in making a favorable decision. I Mr. Jim Dobrowski, 1209 South Montana Avenue, stated that he remembers the public hearings for the Woodbrook Planned Unit Development; and he feels that project has become an asset. He then stated support for the Southwood Center Day Care Center, noting that it will provide a much-needed service in a nice facility. Mr. Scott Heck, 209 Westridge Drive, noted that he does support the planned unit develop- ment and the preliminary plat, as well as the Conditional Use Permit for Pooh Corner. He noted that with the developer's reputation, the project should become an asset to the community. Mr. Heck then noted that Pooh Corner provides excellent child care; and he encouraged approval of the proposal. Ms. Debra Ihli stated she is a child care coordinator for Gallatin County. She stated support for the Conditional Use Permit, noting that licensed child care facilities are important in the community. Ms. Carol Vance-Iunyon, 2508 Landoe Street, stated that she has worked at Pooh Corner for the past one and one-half years. She stated that the program could be improved by moving to a new and larger facility and encouraged approval of the application. Ms. Lisa Harness, 603 North Rouse Avenue. stated she is a teacher at Pooh Corner. She then stated support for the Conditional Use Permit, noting that larger facilities would enhance their program. Ms. Ruth McGann, 408 North 18th Avenue, stated she is a registered nurse and a parent educator. She noted that the demand for information on parenting is high; and incorporating that service into the child care facilities would be beneficial. She requested that the Commission I give favorable consideration to this application. Mr. Robert Macdonald, 11 Hoffman Drive, stated support for the day care center. He noted that additional setbacks, along with landscaping and buffering along the east and north sides. would ensure less impact on the neighborhood. He further suggested that buffering be installed along the City park. Mrs. Nancy Lapeyre, 1704 South Willson Avenue, stated she is not opposed to this appli- cation. She noted, however, that groundwater is near the surface in that portion of the park; and they should not plan on using that as a play area for the children except in the middle of summer. Mr. Jody May, 1219 South Tracy Avenue, stated he does not oppose the day care center; however, he feels two items should be addressed. He noted concern has been expressed about using the park area for the required outdoor activity area. Also, buffering should be carefully addressed, assuring that an adequate number of larger trees are installed to minimize impacts on the area. Mr. May then noted that both the day care center and the convenience store with a gasoline station are areas of congestion and suggested that the day care center might be more appropriately located next to the common open space. He stated that additional setbacks could provide buffering from the noise which would be created by the child care facility. Ms. Linda Brock reminded the Commission that the fenced yard will provide more than the required 75 square feet per child. She stated that the park would be used only for special excursions. Mr. Gerald Lapeyre, 1704 South Willson Avenue, indicated support for the proposed day I care center. Mrs. Druckenmiller stated that the child care facility will be divided into five rooms; and not all five rooms will be outside to play at one time. She estimated that the maximum outside at anyone time would be thirty children. It was moved by Commissioner Martel that the public hearing be closed. The motion failed for lack of a second. Commissioner Vant Hull asked if there is a rush of vehicles dropping off or picking up children. 04-20-87 -- -------------- 162 Mrs. Druckenmiller stated there is not. She noted that parents usually drop off the children between 7:30 a.m. and 10:00 a.m. She stated that the pick up is usually as staggered. Commissioner Vant Hull suggested if an additional setback were provided on the east property lint:, that on the interior side possibly vinyl-covered chain link fencing could be combined with wood fencing and landscaping to provide buffering for the neighbors while providing a more open area for th~ children. Mrs. Druckenmiller stated it could be desirable. She noted that in visiting other day care facilities, she noticed that more open yards provided a better atmosphere than yards I surrounded by solid wood fences. Commissioner Jordan noted one of the concerns expressed at the Zoning Commission meeting was that South Tracy Avenue would be used to drop off children, which could create a safety problem. Mrs. Druckenmiller stated that they require the parents to drop the children off and pick them up inside the building. Mayor Mathre continued the public hearing on the Conditional Use Permit for the South- wood Center Day Care Center until 2:00 p.m. on April 27,1987. which is the next regularly scheduled Commission meeting. Mayor Mathre opened the public hearing on the Conditional Use Permit for the Southwood Center Convenience Store. Zoning Specialist Dave Skelton presented the: Staff Report. He stated that under this Conditional Use Permit, a 2,824-square-foot convenience grocery store with gasoline services would be constructed on Lot lA-10 of the Amended Subdivision Plat of Lot lA, Block 6 of the Amended Subdivision Plat of Thompson's Fourth Addition. He noted the subject lot is located northwest of the intersection of Kagy Boulevard and South Tracy Avenue and fronts on South Tracy Avenue. He stated the convenience store will provide a variety of merchandise. similar to others in this area, as well as gasoline. He indicated that the project must meet the developmental guidelines for the planned unit development, and will have cedar shake siding with a 7-12 pitch roof to complement residential development in the neighborhood. I The Zoning Specialist stated that the staffls major concern about this request is the site surface drainage and the installation of three underground gasoline tanks. He noted that the City's Fire Marshal has recommended that the applicant be required to obtain a tank permit prior to installation of the tanks. He indicated that the review would include the actual method of installation, revif;w of the anchoring system to be used due to the high groundwater, and review of the type of tanks to be used. He stated that the Fire Marshal has indicated that a double- walled tank should be utilized. Zoning Specialist Skelton reviewed some of the other concerns addressed in the staff report, noting that one facade sign would be allowed for this project, to minimize impact on the residential area. He noted that the convenience store portion of the project is a permitted use in the B-1 zone; however. a gasoline station requires a conditional use review. The Zoning Specialist stated that the Zoning Commission conducted its public hearing on this application, after which it recommended denial based on public health, safety and welfare of the surrounding area. Mr. Dan Kamp. Fullerton Architects I reviewed the conditions recommended by the Planning staff for approval of the project. He: indicated that the applicant is willing to meet all of the conditions which have been recommended. Mr. Gary Tschache, 433 South Black Avenue, stated he is one of the applicants for this convenience store with gasoline facilities. He stated that he feels the proposed project would be good for the people in the area. He noted concerns have been expressed about the problems which might arise from the gasoline station; however current technology can provide the informa- I tion necessary to install the gas tank in an acceptable manner that will protect the area. He indicated a desire to buffer the convenience store and gas station from the residential area; and he feels that use of trees and shrubs should help address it. Mayor Mathre asked Mr. Tschache if he is willing to accept all of the conditions recom- mended by the Planning staff; and he indicated that he is. Mr. Doug Alexander, 3221 Blackwood Road, stated that he owns Story Distributing, the local Exxon distributor. He stated that his utmost concern is for safety of the residents in the 04-20-87 163 area; and he intends to install the tanks properly to ensure that safety. He indicated that he will have a very large investment in the operation because of the location and its conditions; however, he is willing to accept that. Mr. Alexander stated that he has talked to the State of Montana Department of Health and Environmental Sciences and Exxon USA; and he plans to follow their recommendations for installa- tion of the underground tanks for this facility. He further noted that he will follow the I available local, state and federal guidelines, as well as any other industry standards available, to ensure that the installation is a safe one. Mr. Alexander noted that none of the current regulations require double-walled tanks; however, he is willing to install them if the Fire Marshal feels they are essential. He then reviewed the equipment that would be installed and the procedure that would be followed to ensure that the operation Is conducted in the safest manner possible. He noted that double-walled piping would be run from the tank to the pumps; the pumps would be the safest and most efficient available; the tanks will have monitoring devices; a catch basin will be installed for any overspill when filling the tanks; and the inventory will be checked daily. Mr. Larry Mitchell. Department of Health and Environmental Sciences, stated he is the coordinator of the underground tank program in Montana. He stated that the program has been developed to review installations and address possible contamination in a timely manner. He stated that the federal requirements are much lower than what Mr. Alexander has Indicated he will install; however, the local entity does have the right to impose more restrictive require- ments. Mr. Mitchell stated that tanks which have been underground twenty to thirty years can cause problems; however, with the new monitoring techniques, problems can be detected and addressed promptly, before they create problems for the area. Mr. Clair Daines, 2001 Fairway Drive, stated that he has a petition of support containing 195 signatures, for the day care center and the convenience store with gasoline station. He noted that under the present Exxon company policy, tanks are replaced every thirty years, further I protecting the site. Mr. Daines then noted that the windows facing the residential areas have been eliminated to minimize the impact of this facility on the neighborhood. Mr. Jack Schunke, Morrison-Maierle, stated that the driveways and parking areas are larger than the minimum requirements, providing adequate space for vehicles to maneuver through the project. He stated that he is willing to submit the design and plans for the underground storage tanks to the EPA and the Department of Health and Environmental Sciences to be sure the installa- tion is safe. City Attorney Becker stated that his comments concerning conflict between the Zone Code and the state statute apply to this item as well as the previous one. He noted that a gasoline station is a conditional use in the B-1 zone; and safety requirements will override any conflict within the Zone Code. Mayor Mathre noted that the following letters have been submitted to the Commission: Margaret Heath, dated March 14; Mr. and Mrs. Macdonald. dated March 27; Dean Center. dated March 29; Edward Sondeno. dated March 12 and April 17; Doug Jenkins. dated April 9; Arthur Van't Hul, dated April 9; Mr. and Mrs. Rinker. not dated; and a petition submitted by Kwik Way; Edith Harrington; Howard Busching. Mr. Lowell Springer, 117 Hoffman Drive, spoke in support of the convenience store with gasoline station. Please refer to his testimony on the above public hearing. Mr. Jim Dobrowski, 1209 South Montana Avenue, stated he feels the subject location is a good one for a convenience store and gas station. He noted that the property is appropriately zoned for such development; and the project is well planned. I Mr. Scott Heck, 209 Westridge Drive, spoke in support of the convenience store and gasoline station. He noted that he did have concerns about the storage tanks; however. he feels the applicant had addressed that item well. Please refer to testimony submitted in the previous public hearing. Mr. Brad Dawes, 123 Si Iverwood Drive, stated support for the convenience store and gasoline station. He stated that he feels the developer will make this a quality project; and the facility will provide a needed service for the residents of the southeastern portion of Bozeman. Ms. Carol Vance-Iunyon, 2508 Landoe Street, stated support for the convenience store 04-20-87 161j with gasoline facilities, noting it would be a good addition to the neighborhood. Ms. Lisa Harness, 603 North Rouse Avenue, stated support for the convenience store and gasoline facilities. She noted that it is a good location and would be beneficial to the area. Mr. Ken Temple, 2111 Spring Creek Drive, stated that he is an expert in the field of gasoline tanks. He then stated that with the type of soi I on this site, the tanks wi II leak unless drastic measures are taken. He expressed concern about the installation of a gasoline station, due to the high groundwater problems that would be incurred on this site. I Mrs. Ann Banks, 7 Hill Street, stated opposition to the proposed gasoline station portion of the application, citing public health, safety and welfare. She noted the subject site has high groundwater, with two springs starting in that general location. Mr. Howard Busching, 1914 Spring Creek Drive, noted that the opponents to this project are neighbors, while the proponents are professionals and experts. He noted that permitted uses in the B-1 zone include restaurants and laundromats. He expressed concern that the commercial development can be constructed to bare minimums. Mr. Busching noted that the Zoning Commission has expressed concern about the public health, safety and welfare. and has recommended denial based on that concern. He stated he does not want to see the character and aesthetics of this area changed through commercial development. He then encouraged the Commis- sion to deny this application. Mrs. Nancy Lapeyre, 1704 South Willson Avenue, stated opposition to the gasoline station facilities because she does not feel it is a neighborhood business. She then asked if the planned unit development would be constructed if this application were denied. Mr. Clair Daines. developer. stated that approximately $100,000 in improvements will be required before construction can begin within the planned unit development. He stated that. due to those initial costs, it would not be economically feasible to construct just one building during the initial construction. Mr. Jody May, 1219 South Tracy A venue, stated opposition to the gasol ine station. He noted there is no guarantee the tanks won't leak; and he feels there are better areas of the community in which to Install underground tanks. I Mr. Gerald Lapeyre. 1704 South Willson Avenue, stated support for the proposed convenience store but opposition to the requested gasoline station. He indicated that he does not feel the gasoline station facilities meet the definition of a neighborhood business because they would attract people from more than one-half to one mile away. He further expressed concern about the installation of underground storage tanks in an area with such high groundwater. Mr. Lapeyre noted that the area is a unique area; and the underground tanks could create a hazard for the area to the north even if they are closely monitored. He then questioned who would be responsible if there were a gasoline spill. Mr. Douglas Jenkins, Vice-president of Kwlk Way, noted they purchased the property at the corner of South Willson Avenue and Kagy Boulevard in 1975. He noted that they originally intended to construct a convenience store with gasoline pumps; however, when they applied for the building permit. the Planning staff, the City Engineer and the Fire Marshal expressed con- cerns about the project. He stated that. as a result, the convenience store went before the Commission for review; the building was relocated on the site; and Kwik Way' obtained a building permit for the convenience store only. Mr. Jenkins stated that he is not opposed to the proposed convenience store; however, he is opposed to the gasoline facilities because the circumstances and concerns are the sarlle now as they were ten years ago. Mr. Clair Daines noted the question that should be addressed is how long the tanks will be in the ground and how long they will last. He noted that the tanks should last thirty years; and they should probably be replaced at that time. He then stated that high groundwater could be cited as a problem in probably close to one-half of Bozeman. I Mr. Ed Ward, 11 Hoffman Drive #17, stated if the gasoline station is approved. the neighbors would appreciate having the hours of operation limited. Commissioner Jordan asked if the technology is adE:quate or has changed substantially to allow safe Installation of underground tanks in this area. Mr. Larry Mitchell, Department of Health and Environmental Science, stated that the technology is in place to properly install the gasoline tanks. He noted that the tanks will fail eventually; however, with the available monitoring systems, those leaks can be detected and the 04-20-87 165 tanks removed almost instantaneously. Commissioner Jordan then asked Mr. Mitchell if he will be involved in testing the tanks every so often to be sure they are functioning properly. Mr. Mitchell stated that he will test tanks as he can; however, he currently has 17,000 underground tanks to monitor and only two staff members. Commissioner Martel asked Mr. Mitchell if he inspects failed tanks, and what percentage I of those tanks failed due to faulty installation. Mr. Mitchell indicated that he does inspect failed tanks; and faulty installation is a major factor in tanks installed ten to twenty years ago. He then noted that many of those tanks are located in rural areas. It was moved by Commissioner Martel that the public hearing be closed. The motion failed for lack of a second. Commissioner Jordan asked Mr. Jenkins if the Kwik Way had applied for gasoline services in 1975. Planning Director Steve Lere stated that the application is for a convenience store only. Commissioner Martel asked Mr. Jenkins if he had been discouraged from applying for gasoline faci Iities; and he indicated that he was. He stated after the staff had discouraged the idea, the formal application did not include gasoline facilities. Commissioner Vant Hull asked if most of the Kwik Way facilities have gasoline. Mr. Jenkins stated that of the 23 facilities, four do not have gasoline. He then re- iterated that he is not opposed to the convenience store, but he is to the gasoline facilities. Commissioner Vant Hull questioned the requirement for a test hole as shown on the preliminary plat. Mr. Jack Schunke stated the test hole is to address the worst case scenario, which is the water level exceeding the top of the tank. He noted that the installation would be designed to address the worst case possible. He indicated that buoyancy can become a problem; and the tanks would probably be installed with a concrete pad and straps holding the tanks down. He stated I he has begun preliminary designs on that aspect; however, he wishes to retain the ability to develop the best design possible under the circumstances. He then indicated that the tanks are approximately 8t feet in diameter, so the bottom of the tank will probably be about ten feet below the surface of the parking lot. Commissioner Vant Hull asked if there is a policy on when the gasoline tanks are refilled. Mr. Doug Alexander stated they do not have a set policy, but some items that affect it are the anticipated usage and the price. . Commissioner Vant Hull asked if there is much difference in technology between 1975 and now. She also asked if gasoline spills during filling of the tanks can be adequately addressed. Mr. Alexander stated that there are definite differences, noting that the construction of the tanks has changed as well as the monitoring systems. He then stated that spills occurring during the filling of tanks should not create any problems because there are dry locks on the trucks; and any spills occurring due to human error should not be greater than the capacity of the manhole and catch basin. Commissioner Stiff asked which wall of a double-walled tank would go first. Mr. Alexander stated the outside wall would probably go first. He noted that with the proper monitoring system installed. that collapse can be detected immediately; and the tank can then be replaced before any real problems occur. Commissioner Vant Hull stated she had a question for a representative of the Department of Fish, Wildlife and Parks; however, no one is present. She then asked if the Department of Fish, Wildlife and Parks does any monitoring of the streams, noting the work being done in I Langohr Park on fish habitat. and whether they would monitor that area for any problems that the gasoline station might create in the future. Mayor Mathre continued the public hearing on the Conditional Use Permit for the South- wood Center Convenience Store until 2:00 p.m. on April 27, 1987. which is the next regularly scheduled Commission meeting. Adjournment - 12: 27 a. m. There being no further business to come before the Commission at this time, it was moved 04-20-87 16C by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. JUDITH B. MATHRE, Mayor I ATTEST: Clerk of the Commission , I I 04-20-87