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HomeMy WebLinkAbout1985-03-18 (~ 9 ( MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 18, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 18, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Acting Clerk of the Commission Norman. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of March 11, 1985, were approved as amended. Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Jordan requested that the request to sell Buddy Poppies, the authorization for the City Manager to sign Change Order No. 1 to Group II-B of the Water System Improvements, and the authorization for the City Manager to sign the Release of Easement for Tract 3, Bozeman I ndustrial Park, be removed for discussion. Request - one-year extension of Preliminary Plat approval for Sapphire Subdivision - Gene Cook City Manager Wysocki presented to the Commission a letter from Gene Cook, requesting a one-year extension of the Preliminary Plat approval for Sapphire Subdivision. He recommended that the Commission approve this request. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the request by Gene Cook for a one-year extension of the Preliminary Plat approval for Sapphire Subdivision. Commissioner Vant Hull expressed concern about the traffic impact this proposed project would have on West Main Street. She stated she felt it would be appropriate to refer this item I back to the staff for one week and have the applicant sign a waiver of protest of SI D's before approval is given. Planning Director Lere pointed out that a waiver of protest of SI D's was not one of the original conditions of approval. Commissioner Anderson inquired as to the anticipated number of residences in the proposed project. Planning Director Lere responded that the maximum number allowed by the current zoning would be 275, but he anticipates somewhat less. Commissioner Jordan stated he shares Commissioner Vant Hull's concern but stated he does not feel the Commission can go back and place additional conditions on the project at this time. Commissioner Vant Hull moved that the request for a one-year extension of the Preliminary Plat approval for Sapphire Subdivision be tabled for a period of one week. The motion died for the lack of a second. City Manager Wysocki indicated that there are 15 conditions attached to the original Preliminary Plat approval and that nothing has changed to affect this particular project. City Attorney Crumbaker-Smith noted that the zoning regulations provide for a one-year extension. Commissioner Jordan stated he does not feel anything grievous has been done by the applicant and therefore the Commission cannot procedurally deny the extension. The original motion to approve the one-year extension of the Preliminary Plat approval for Sapphire Subdivision then carried by the following Aye and No vote: those voting Aye I being Commissioner Mathre, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No being Commissioner Vant Hull. Discussion - joint meeting of City Commission and School District No. 7 Board of Trustees - Monday, Aprj I 22, 1985 Mayor Weaver stated that at the most recent interagency meeting the discussion of re- furbishing Willson Auditorium was formalized. He noted School Superintendent Chambers suggested that the City Commission might participate if mutual interest and purpose exists. 03-18-85 90 The Mayor stated if the Commission is interested, an April 22 date would be the preferred time for a joint evening meeting. Commissioner Anderson stated that at the time a performing arts center was considered, refurbishing of Willson Auditorium was discussed. Commissioner Vant Hull stated she felt the City Commission should only participate if the County Commission also agrees to participate along with the school. She further stated that this might possibly be a bond issue for the school district. I Commissioner Anderson stated that the city uses the auditorium for community events much more than the county. Commissioner Jordan stated a willingness to discuss the project if it would not financially obligate the City. Commissioner Mathre questioned whether attending a joint meeting to discuss Willson Auditorium would obligate the City in terms of funding. Mayor Weaver indicated that it would only be a preliminary discussion. Commissioner Jordan inquired whether Willson Auditorium charges a fee for its use. He was informed by Commissioner Anderson there is a fee for its use, but that the fee barely covers maintenance expense. City Manager Wysocki expressed a willingness to participate in a joint discussion to discuss this project. Commissioner Vant Hull indicated that she would like Mayor Weaver to transmit her thoughts to the school regarding the participation of the county. It was the consensus of the Commission that they would be willing to participate in a joint meeting with the school district, and possibly the county, to discuss the rehabilitation of Wi IIson Auditorium, and that an Apri I 22, 1985, meeting would be satisfactory. Mayor Weaver indicated he would relay this information to Superintendent Chambers. Commission Resolution No. 2548 - Resolution of intent to recreate SID No. 641 - sanitary sewer In portions of Grafls First Subdivision, Second Fllinq, and the amended plat of a portion of Graf's First SubdiviSion, Second Filing I. City Manager Wysocki presented Commission Resolution No. 2548, as prepared by the City Attorney, entitled: RESOLUTION NO. 2548 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO RECREATE SPECIAL IMPROVEMENT DISTRICT NO. 641 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF AN 8-INCH SANITARY SEWER MAIN AND ALL OTHER NECESSARY APPURTENANCES TO SERVE ALL LOTS LOCATED WITHIN BLOCK 1 OF GRAF'S FIRST SUBDIVISION, SECOND FILING, AND BLOCKS 2, 3, 4 AND 5 OF THE AMENDED PLAT OF A PORTION OF GRAF'S FIRST SUBDIVISION, SECOND FILING. City Manager Wysocki stated this resolution recreates Special Improvement District 641. He recommended that the Commission adopt this resolution and set the public hearing date for April 15, 1985. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Resolution No. 2548, recreating Special Improvement District No. 641, and set the public hearing date for April 15, 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Commission Resolution No. 2549 - Resolution of intent to recreate SID No. 642 - water mains, I storm drains and paving in portions of Graf's First Subdivision, Second Filing, and the amended plat of a portion of Graf's First Subdivision, Second Filing City Manager Wysocki presented Commission Resolution No. 2549, as prepared by the City Attorney, entitled: RESOLUTION NO. 2549 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO RECREATE SPECIAL IMPROVEMENT DISTRICT NO. 642 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, 03-18-85 .. 91 INSPECTION AND ENGINEERING CERTIFICATION OF AN 8-INCH WATER MAIN, STORM DRAINAGE, ASPHALT CONCRETE PAVING, CURB AND GUTTER AND SIDEWALKS AND ALL NECESSARY APPURTENANCES TO SERVE ALL LOTS LOCATED ON KENYON DRIVE FROM THE SOUTH BOUNDARY LINE TO THE NORTH BOUNDARY LINE OF BLOCK 1 OF GRAF'S FIRST SUBDIVISION, SECOND FILING, AND BLOCK 2 OF THE AMENDED PLAT OF A PORTION OF GRAF'S FIRST SUBDIVISION, SECOND FILING. City Manager Wysocki stated this resolution recreates Special Improvement District 642. I He recommended that the Commission adopt this resolution and set the public hearing date for April 15, 1985. City Attorney Crumbaker-Smith noted that the words "storm drainage" should be deleted where referred to in the resolution. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission adopt Resolution No. 2549, as amended, recreating Special Improvement District No. 642, and set the public hearing date for April 15, 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commis- sioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Request ~ permission to sell BUdd~ Poppies; Proclamation - "Buddy Poppy Days" - May 24-25, 1985 - Veterans of Foreign Wars 0 the United States, Pest No. 903 Commissioner Jordan questioned whether there are two organizations which have an annual poppy sale. City Manager Wysocki stated there will probably be another organization requesting permission to sell poppies in the near future, but there are no conflicts between the two. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission concur in the Mayor's proclamation of May 24-25, 1985, as "Buddy Poppy Days" and that Post No. 903 of the Veterans of Foreign Wars be authorized to sell Buddy Poppies on those days. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; I those voting No, none. Authorize City Manager to sign - Change Order No. 1 - Group II-B, Water System Improvements - increase contract price In the amount of $4,128.00 City Manager Wysocki presented to the Commission Change Order No. 1 for Group II-B of the City of Bozeman Water System Improvements. He stated this change order was necessi~ tated because the Montana Department of Health and Environmental Sciences require that the water main size be increased from six inches to eight inches to ensure adequate water pressure to residences adjacent to the reservoir. Commissioner Jordan questioned who would pay the additional cost. He also inquired as to why the larger line was not required by the State at the time of engineering. City Manager Wysocki stated the City is responsible for paying the increased cost. He noted the cost would be paid from the proceeds of the water bond sale. He stated the State did not look at this project until they recently reviewed it. He stated that change orders are always anticipated. The City Manager then recommended that the Commission recommend approval of this change order. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize the City Manager to sign Change Order No. 1 of Group II-B of the Water System Improvements, increasing the contract price in the amount of $4,128.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Com- missioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those I voting No, none. Authorize City Manager to sign - Release of Easement for Tract 3, Bozeman I ndustrial Park Commissioner Jordan asked if the City is absolutely sure that this easement is not needed and whether the Planning Staff has looked at it. City Manager Wysocki stated that the Planning Staff, along with engineering and legal staff, had reviewed this easement. He stated the easement was for a sanitary sewer line in 03-18-85 92 Tract 3 of Bozeman Industrial Park, but that the line was put in along another route, there- fore, this easement was not used. He stated there is no need for this particular easement. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the City Manager to sign the Release of Easement for Tract 3 of Bozeman Industrial Park. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. I Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A letter directed to the Editor of the Bozeman Daily Chronicle written by Richard L. Macklin protesting the salting of City streets. (2) A memo from the Clerk of the Commission indicating current members of the Recreation Board who are willing to serve an additional term. (3) A draft prepared by the City staff of the proposed policy of the Bozeman City Commission regarding continued public hearings. City Manager Wysocki stated this policy would act as a mechanism to purge the file on continued hearings. Mayor Weaver requested that the word lIadditionallyll be inserted at the start of the second sentence. The Commission and City Manager concurred with this insertion. The Mayor instructed the staff to bring this policy back to the Commission in resolution form. (4) A draft prepared by the City staff regarding the residential zone sidewalk policy proposed for new development. The City Manager stated that the proposed policy would require that sidewalks in a new development be installed before a residence is occupied. He also noted the policy provides that at such time as 50 percent of the project is developed, the balance of the sidewalks are re- I quired to be installed. The City Manager also pointed out that the developer would be required to sign a waiver of protest for sidewalk improvements. Commissioner Jordan stated he would like an addition to the policy requiring that side- walks be installed on lots abutting arterial or collector streets. The Commission directed the City Manager to prepare the proposed sidewalk policy in resolution form to be brought back to the Commission. (5) A copy of text taken from Chapter 18, Section 18.06.060, of the Bozeman Municipal Code, regarding zoning of annexed territory. Consent I terns City Manager Wysocki presented to the Commission the following IIConsent Items. II Application for waiver of open container ordinance - Rosary School Alumni Reunion - Sunday, Auqust 11,1985,10:00 a.m. to 7:00 p.m. - Bogert Park; use of PA system from 10:00 a.m. to 7:00 p.m. Claims It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the Consent Items as listed above 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 Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Break - 5:05 to 5:15 p.m. I Mayor Weaver declared a break from 5: 05 to 5: 15 p. m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Executive Session - litigation Mayor Weaver called an Executive Session of the Commission at 5: 15 p. m. for the purpose of discussing current litigation. He requested that all persons except the Commissioners, City 03-18-85 93 Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and the Acting Clerk of the Commission leave the room. Mayor Weaver declared the Executive Session of the Commission closed at 5: 45 p. m. and reconvened the meeting. Recess - 5:45 p.m. I Mayor Weaver declared a recess at 5: 45 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 Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Mayor Weaver noted in view of the fact that two of the Commissioners have requested to be excused from next week's meeting, the Commission will defer until their April 1, 1985, meeting, the decisions on the public hearings to be held at this meeting. intent to create SID No. 647 - construction a sanltar sewer main alon the nort ern This was the time and place set for the public hearing on Commission Resolution No. 2543, as prepared by the City Attorney, entitled: RESOLUTION NO. 2543 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 647 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF THE ASPHALT PAVING, STORM DRAINAGE, CURB AND GUTTER ON A PORTION OF HIGHLAND BOULEVARD AND AN 8-INCH SANITARY SEWER MAIN AND ALL OTHER NECESSARY APPURTENANCES. I City Manager Wysocki noted the Commission had adopted this resolution on February 19, 1985, and had set the date for this public hearing at that time. Mayor Weaver opened the public hearing. Mr. Woody Germany, Sorenson and Company, Missoula, Montana, addressed the Commission. He indicated his firm is the consulting engineer for this project. He stated the realigned roadway had been designed for future four lanes. He noted that the roadway design provides for 5 to 1 side slopes in order to minimize the hazard of drifting snow. He stated the environmental impact study had determined that there will be no significant long-term impact, although, there will be short-term impacts during construction. When questioned by Commissioner Vant Hull, Mr. Germany stated that the proposed sanitary sewer main will replace the existing lift station serving the area. City Manager Wysocki presented to the Commission a letter received from Mr. Eldon H. Dahl, President of Dahl Funeral Chapels, expressing support of the proposed Special Improve- ment District. The letter is on file at the office of the Clerk of Commission and will remain as part of the permanent record. The City Manager also presented to the Commission a letter received from Mr. Barry G. O'Connell expressing disapproval of Special Improvement District No. 647. This letter is on file in the office of the Clerk of the Commission and will remain as part of the permanent record. Mr. Buz Cowdrey addressed the Commission. He stated he opposed the creation of the proposed Special Improvement District as the owner of the Continental Motor Inn. He stated he I felt the project should be funded either city or county wide, rather than through a centralized district. He stated the whole city and county will benefit from this improvement. He indicated the district will cost him approximately $50,000.00 and that his motel business will not profit from the improvement. Commissioner Vant Hull asked Mr. Cowdrey if his motel has an access onto Switzler Avenue, to which Mr. Cowdrey replied in the negative. When questioned whether he would want an access onto Switzler, he indicated that with expansion plans, an access onto Switzler Avenue is not feasible, due to physical restraints. 03-18-85 ------------ 91t Mayor Weaver questioned Mr. Cowdrey whether he felt the improvement would appreciate the value of his property. Mr. Cowdrey responded that as far as the dollar volume of his business is concerned, it will not help, but with the ambulance and other traffic to the hospital, it will probably hurt his business. There being no further testimony on this item, Mayor Weaver closed the public hearing. A decision will be forthcoming in two weeks. Continued public hearing - Conditional Use Permit - Willowwood Partners - allow construction of I 59 efficiency apartment condominiums on Lots H, I and K, Guy1s 2nd Addition (south end of Dell Place) This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Willowwood Partners to allow construction of 59 efficiency apartment condo- miniums on Lots H, I and K of Guy's Second Addition to the City of Bozeman. This site is more commonly known as being located east of South Black Avenue and south of Dell Place. Mayor Weaver opened the public hearing. Assistant Planner Dave Skelton presented the staff report. He stated the Zoning Commission had recommended approval of this project, subject to the conditions proposed by the Planning Staff, with the exception of revising the condition requiring a secondary access. He noted the Planning Staff had recommended a secondary access be approved by the Public Works Director before final site approval. The Zoning Commission changed the condition to require that a secondary access be obtained prior to submission to the Bozeman City Commission. He indicated the developers now propose a secondary access to the site from adjacent property along its western boundary, via East Alderson Street. He stated that during construction of Phase I, the secondary access will be designated as an emergency access only. He further stated that prior to development of Phase II, the developers will be required to extend East Alderson Street to the proposed project and improve it to a 38-foot back-of-curb city standard. Commissioner Vant Hull inquired as to how far Alderson Street would be paved. Assistant Planner Skelton indicated that the secondary access would be paved from South Black to the proposed development prior to Phase II. I Commissioner Anderson questioned whether the applicants have worked out the storm drainage problems. Assistant Planner Skelton replied that the final storm drainage plans will be approved by the City Engineer prior to final plat approval. Commissioner Vant Hull asked if sidewalks are planned to be installed. Planning Director Lere stated that at the time of Phase II, the street will be built to city specifications and sidewalks will also be required, which will connect with the existing sidewalks located on Dell Place. Commissioner Jordan asked if there is anything unique about the proposed project which prompted the 35 percent density bonus. Assistant Planner Skelton noted there is a large recreation area planned. He further indicated the proposed project has more open space than required. Planning Director Lere informed the Commission that the applicants are only requesting approval of Phase I at this time, which will contain 12 units. He indicated the applicants will have to go back through this process when requesting the additional phases. He noted the density bonus does not apply to Phase I. Commissioner Anderson inquired as to the disposal of garbage. Assistant Planner Skelton stated that Sanitation Superintendent Gee reviewed the refuse areas as proposed and determined that they are adequate. Commissioner Vant Hull questioned the reason for the jog in the proposed extension of Alderson Street. Assistant Planner Skelton stated the jog would allow the adjacent property owner development of his property. I Commissioner Vant Hull asked whether Alderson Street west of the proposed project will be a public or private street. Assistant Planner Skelton responded that it will be a public right of way. Planning Director Lere added that if the property to the west develops as a planned unit development, it will be a private road. He stated, however, if it is not developed as a planned unit development, it will be a public road. He stated it will only be built to city standards if Phase " takes place. 03-18-85 ---------- 95 Commissioner Vant Hull expressed concern about the 26 foot width of the interior street. She suggested that the 26 feet either be narrowed to 20 feet to discourage parking along the road, or be increased to 28 feet so that parking could be allowed. Assistant Planner Skelton pointed out that the proposed project has the required parking. Commissioner Vant Hull noted since a majority of the project is located within the 100- year shallow floodplain, perhaps it might be a condition of approval that the elevation of the I ground floor be designated. Commissioner Vant Hull also questioned the statement made by the Engineering Officer that the sewer line in the proposed project area is undersized but adequate. She asked whether the sewer service is adequate for development of the property located immediately west of the proposed project. Assistant Planner Skelton stated that unti I a development plan is known, it is impossible to determine whether the current sewer line is adequate. Commissioner Vant Hull questioned whether the outside "night" lights should also be a condition of approval. Mr. Skelton noted that all the outdoor lighting is on the inner portion of the project and should present no problem. Commissioner Jordan questioned whether the property to the west of the proposed project would be required to pay back a portion of the road improvement when Alderson is extended and paved. Assistant Planner Skelton stated that would be a question best answered by the developers. Commissioner Vant Hull asked if both a secondary access and a waiver of protest to widen Dell Place should be requirements of approval. Assistant Planner Skelton answered that the Engineering Officer and Director of Public Service are both satisfied with the secondary access on Alderson. Commissioner Vant Hull noted that the applicants have indicated they desire approval of only Phase I at this time. She questioned whether there are any advantages or disadvantages to phased approvals. Assistant Planner Skelton stated he feels the City has more control over improvements in phased construction. He stated that normally, under phased review, all improve- I ments have to be installed before approval of the next phase. Planning Director Steve Lere noted that the applicant is attempting to obtain the proper- ty immediately west of the proposed project and include it in the planned unit development. He stated if the property is obtained, the project will be redesigned and the new plans must be reviewed. Commissioner Jordan inquired as to why the units are designated as "efficiency" units. Assistant Planner Skelton indicated they are considered efficiency units as there is not a full partition between the bedroom and other living area. Mr. George Mattson, the architect and also one of the appl icants, addressed the Commission. He presented slides depicting the project layout and featured units. He indicated there will be a recreation area containing a picnic area with park benches and the area will also be utilized for ice skating during the winter months. He stated he expects the units to be owner-occupied and will be priced around $32,000.00. He indicated these will be one-bedroom condominium units, designed and priced for singles, childless couples and first-time buyers. He noted that 12 units are scheduled for initial construction and the others would be constructed in remaining phases. He stated the plans may change if they are successful in securing the tract to the west of the existing site. B rea k - 8: 05 to 8: lOp. m . Mayor Weaver declared a recess from 8:05 to 8:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I Continued public hearing - Conditional Use Permit - Willowwood Partners - allow construction of 59 efficiency apartment condominiums on Lots H, I and K, Guy's 2nd Addition (south end of Dell Place) Commissioner Vant Hull asked if it is conceivable that Phase 2 and 3 could go to two or three bedroom units. Mr. Mattson replied that it is possible, but if so, the plans would have to come back for approval. Planning Director Lere informed the Commission that at the time this project was heard by the Zoning Commission I it was reviewed as one project and not developed in phases. He 03-18-85 9G noted since that time, changes have been made with the possibility of developing the property to the west. Commissioner Jordan questioned whether the Commission will review the project if the western property is obtained. Planning Director Lere stated that any major changes made in the project will have to be reviewed. Commissioner Vant Hull inquired as to the location of the proposed water line. Mr. Mattson stated the water line will not be installed until the location of the road is established. He indicated the water line will be installed along the road. I Commissioner Vant Hull asked whether another ground cover besides grass should be used for the ice skating area. Mr. Mattson replied that they will use whatever will work best. Mr. Ken Bryson, 716 South Black, addressed the Commission. He expressed concern about piecemeal development. He stated that the property proposed for the project is in a low lying area and expressed concern of the effect the proposed project might have on the ground water. Mr. Maurice Jones, 211 East Story, addressed the Commission. He expressed concern that the sewer line service in the area is not adequate to service the proposed project. Ms. Kay Peden, 516 Dell Place, addressed the Commission. She expressed concern regarding the impact the proposed project will have on the single family residences in the area. She alleged the proposed units had been advertised as investment units. She also presented the Commission with a petition opposing the project, which petition contained approximately 38 signatures. This petition is on file at the office of the Clerk of the Commission and is a part of the permanent record. Ms. Peden also exhibited a photograph to the Commission depicting the parking problem along Dell Place. Mr. Vaughn Chadbourne, 604 Dell Place, addressed the Commission and expressed concern about the traffic and parking the proposed project would create. Ms. Lavina Chadbourne, 604 Dell Place, also addressed the Commission and expressed concern about the flooding which occurs in this vicinity. I Mr. Bill Davis, 307 South Bozeman, addressed the Commission. He also expressed concern about the traffic this project would create. He also questioned whether the present sewer line is capable of handling the sewage created by this proposed project. Mr. Mattson responded to the Commission that a project which covers one and one-half city blocks cannot be considered piecemeal development. He stated the City Engineer has indicated the sewer in the area is adequate and they are taking his word. He pointed out that the proposed project has less density than would three or four bedroom units. Mr. Mike Delaney, representing the applicants, addressed the Commission and stated the proposed condominiums are being designed as owner-occupied units. He stated they have not and will not be advertised as investment units. There being no further testimony, Mayor Weaver closed the public hearing. A decision wi II be forthcomi ng in two weeks. Break - 9:25 to 9:30 p.m. Mayor Weaver declared a break from 9:25 to 9:30 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing - Zone Map Change - PLI to R-O - Planninq Staff - 12. 714-acre tract located in the NWL Section 17, and NE!, Section 18, T2S, R6E, MPM (portion of the hospital site) This was the time and place set for the public hearing on the Zone Map Change requested by the Planning Staff to change the present zoning of PLI (Public Lands and Institutions) to I R-O (Residential-Office) on a 12.714-acre tract located in the northwest one-quarter of Section 17, and the northeast one-quarter of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian. The subject parcel of land is a portion of the hospital site. Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the staff report. She noted the property in question is currently owned by the Bozeman Deaconess Foundation and is located southeast of the new hospital, along Highland Boulevard. She stated the zoning on this parcel had been 03-18-85 97 changed from R-l (Residential, single-family, low density) and R-2 (Residential, single-fami Iy, medium density) at the hospital's request in March of 1984. She stated that the R-O (Residential- Office) zoning is now being requested to allow for clinics, professional offices and auxilliary facilities associated with the hospital. She noted that while the boundaries of the proposed district appear unusual, they generally conform to either physical boundaries or constraints encountered due to the land ownership patterns. She stated the proposed zone map amendment I is in compliance with the Bozeman Area Master Plan. She further noted that the Zoning Commis- sion had unanimously recommended approval of the Zone Map Amendment. Mr. Don McLaughlin, representing the hospital, addressed the Commission and spoke in support of the Zone Code Amendment. He noted the zone change would satisfy the hospital's most immediate needs. There was no one present to speak in opposition to the proposed Zone Code Amendment. There being no further testimony, Mayor Weaver closed the public hearing. A decision will be forthcoming in two weeks. Public hearing - Zone properties ocated in hapter 18.54 0 t e This was the time and place set for the public hearing on the Zone Code Amendment requested by the Planning Staff to amend Section 18.42.040 of the Bozeman Municipal Code to enable properties located in Transitional Districts to develop through the Planned Unit Develop- ment procedure as outlined in Chapter 18.54 of said Code. Mayor Weaver opened the public hearing. Assistant Planner Skelton presented the staff report. He informed the Commission that the Zoning Commission had recommended approval of the Zone Code Amendment. There was no one present to speak in support of or in opposition to the proposed Zone Code Amendment. There being no further testimony, Mayor Weaver closed the public hearing. A decision I will be forthcoming in two weeks. Continued public hearing - Master Plan Amendment - add Historic Preservation elements to the Bozeman Area Master Plan This was the time and place set for the continued public hearing on the Master Plan Amendment requested by the Planning Staff to add Historic Preservation elements to the Bozeman Area Master Plan. City Manager Wysocki presented to the Commission a letter from the Planning Staff requesting this Master Plan Amendment be withdrawn, due to the lack of its approval by the Gallatin County Commissioners. He noted the request to add Historic Preservation element to the Bozeman Area Master Plan required the approval of both the County Commission and the City Commission before it could be incorporated into the Master Plan. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission acknowledge the letter of withdrawal of the Master Plan Amendment to add Historic Preservation elements to the Bozeman Area Master Plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. the I This was the time and place set for the public hearing on the Zone Code Amendment requested by the Planning Staff to amend Sections 18.38.010 and 18.38.020 of the Bozeman Municipal Code by clarifying the intent of the TR District and the permitted uses allowed in said District. Mayor Weaver opened the public hearing. City Manager Wysocki noted the Planning Staff had requested this public hearing be continued until such time as a recommendation is received from the Zoning Commission. 03-18-85 98 Mayor Weaver continued the public hearing until such time as the Zoning Commission submits a recommendation on this Zone Code Amendment. ~ Public hearin - Zone Code Amendment - hapter 18.04, ection 18.52.140 and a This was the time and place set for the public hearing on the Zone Code Amendment requested by the Planning Staff to allow day care centers by amending Chapter 18.04, Section I 18.52.140 and Table 4 of Chapter 18.62 of the Bozeman Municipal Code. Mayor Weaver opened the public hearing. City Manager Wysocki indicated the Planning Staff had requested this public hearing be continued until such time as a recommendation is received from the Zoning Commission. Mayor Weaver continued the public hearing until such time as the Zoning Commission submits a recommendation on this Zone Code Amendment. Adjournment - 9:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mathre, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: xK~l~~~ion I I 03-18-85 -~-~