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HomeMy WebLinkAbout1979-03-14 11::8"\ ..c_ V " March 14, 1979 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Munic- ipal Building, Wednesday, March 14, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass' t. City Manager Smith, City Attorney Planalp and the Clerk. Commissioner Vandeventer, opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, March 7, 1979, were approved as submitted. Decision - Joe & Dorothy Alberda - approximately 3 acres located south of W. Main and adjacent to College Mobile Home Park - Zone map change from R-O to B-2-T The decision on the request of Joe & Dorothy Alberda for a zone map change from R-O to B-2-T, having been delayed for a period of one week, was brought before the Commission for a decision. Following discussion, the Commission concurred with the recommendation of the Bozeman Zon- ing Commission, also concurred in by the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the request for a Zone map change from R-O to B-2-T. The motion was carried by the following Ayemd No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Continued Hearing - Yelew Builders - Zone Map Change (RS-l to R-3) approximately 4 acres located east of So. 19th, S. of Lincoln Road adjacent to Willow Way Having continued the public hearing on the request of Yelew Builders to rezone approximately 4 acres of land from RS-l to R-3 for a period of three weeks, it was again presented. The applicant seeks a change to the City's official zoning map which would reclassify the zoning on approximately four acres of land from RS-l to R-3. The area is located east of South Nineteenth Avenue, South of Lincoln Road, and adjacent to Willow Way. This zone map change is being requested by the applicant so that a townhouse project may be constructed. The City Manager said that those opposing the rezoning prepared a response to the Mayfield report, prepared just over two weeks ago for the proponents. Commissioner Vandeventer pointed out that a court reporter was present to record the trans- script connected with the Yelew Builders - Zone Map Change hearing. Two tape recorders were also being used. ' ~...................., / The City Attorney.''S.t.ated that the proponents and the opponents were well aware that the City Commission initially approved the zone change. The opposition to the zone change commenced a lawsuit in Gallatin County and Judge Lessley, under certain findings of fact and conclusion of law, held that the zone change was invalid. The Yelew Builders then resubmitted the same application for the zone change and it has gone through the Zoning Commission in similar process and presently is today before the City Commission. Planning Director, Paul Bolton presented the staff report which recommended that the request- ed zone map change be denied for portions of Tracts 64 and 65, not to exceed four acres in a com- bined area, and not to extend more than 400 feet in each direction along the northern portions of said tracts from the common boundary line. The Planning Director said the applicant and their legal councel supported the zone map change. The Zoning Commission, after hearing some of the records, voted four to one to recommend that the zone map change as requested by Yelew Builders be denied. This was identical with their findings at the hearing in 1978. The public hearing was opened and the proponents were called upon to present their case. Rick Mayfield, Private Consultant, appeared before the Commission on behalf of the pro- ponents, Yelew Builders, to go through the points of issue that were brought up in the court case concerning the previous application for the present applicant. Mr. Mayfield published a report which had been presented to all the Commissioners. Mr. Mayfield pointed out that the Master Plan indicates a "B" designation for the area in question. As stated in his report, it is Mr. Mayfield's opinion that it was the intent of the City Commission as of 1967 to consider that area to eventually be developed as residental. He feels that contrary to previous reports by the opponents, traffic congestion would not present a problem as it could be adequately handled by existing intersections and existing roadways. David Penwell appeared before the Commission on behalf of the applicant. He pointed out corrections to the staff report which were, that the previous request for a zone change from RS-t to R-4 was not denied by the City Commission but was withdrawn by the applicant at the I I I I '; q ............v I recommendation of the Planning Staff prior to the scheduling hearing. He also pointed out that the staff report states that the annexation request by the applicant for the proposed site has been withdrawn. The annexation request to become a part of the City has not been withdrawn by the applicant and thereby is presently in good standing. At the suggestion of the Planning Staff, the application was then changed from R-l to R-3. This was thereafter approved by the City Commission. One of the major factors to be considered is the consideration of the master plan of Bozeman. Whether this property is considered as falling within the North Central or the South Eastern portion of the City from the standpoint of the master plan, either section calls for this area to be subsequently zoned for medium density which does include an R-3 classification as the needs of the City require it is to be changed to accomodate medium density development. As the Planning Staff further reflects, the residential neighborhood development around Willow Way and Alder Court will continue to be surrounded by more intensive land uses, such as multi-family applications. Furthermore this request for R-3 classification is consistant with the Master Plan designation. Mr. Penwell pointed out that this designation is entirely compat- ible with the growth of the area, needs of the neighborhood and the present land use. Mr. Penwell presented petitions obtained by the applicant of people in the Bozeman area supporting the application. He also presented a plan of the development of the property, pre- liminary plan, which perhaps is premature at this point. The development of the property is not being considered at this point; he wanted to emphasize that this is the type of development that the applicant is considering. He pointed out that they are not talking about high-rise, or anything other than the same type of housing that actually exists in Willow Way and Alder Court at the present time, the only difference being density. Mr. Penwell pointed out that there was some discussion made both at previous meetings and in the District Court as to what would happen as far as land values to this property or to this area if the application were granted. There was talk about a reduction in land values. A letter addressed to the City Commission from a Bozeman Realtor (Paul Lytle) was presented. Mr. Lytle did not think that this application would reduce property values in this area. The plan of development will call for paved roads and the installation of city water and sewer which will then of course, be available to the residential properties on septic tanks and wells. This will have the effect of improving the site owned by the applicant. In conclusion Mr. Lytle felt that property values in the area would be preserved, and probably increased if the R-3 zone request were granted. He further pointed out that only the applicant's property is requested for rezoning. Mr. Penwell advised the Commission that there is no other use to which this property can be put. The plan proposed is of a higher and better use than any lesser density as there would be no further need for wells and septic tanks as they will be connecting with water and sewer. Having this property annexed and the installation of special improvements would increase the City's tax base. Yelew Builders believe there is a demand for R-3 properties in and around Bozeman and the demand is steadily increasing. It is the responsibility of the City of Bozeman to anticipate these growth needs and provide for them in a constructive rather than a reactive manner and attempt to provide for the demand before the lack of supply has been proven to them. Mr. Penwell did not feel that there would be a traffic problem. That due to the apparent concern regarding the traffic impact on Willow Way, the applicant would be willing to have the R-3 request conditioned with the following: (1) that a "No Left Turn" sign be placed at the exit fromfue property on Willow Way. (2) that the applicant will bring Willow Way up to county subdivision road standards with a gravel surface to South 19th from;theeast from the applicant's property on Willow Way. Warren Yeley, partner of Lewis Armold, in the business of Yelew Builders briefly went into the economics of the development. If Yelew Builders are annexed into the City they must make some improvements. They sold off 8/l0ths of an acre and have the permission from the Health Department for one drainfield. The Health Department will not issue more than one drainfield in that area. I I Therefore if we improve this property at all, we must bring in the City sewer which would cost approximatley $30,000.00. To comply with the water regulations the cost would be $72,000.00. We are talking $3,366.00 per unit for thirty six units. There being no further proponents to speak the Mayor called upon the opponents to speak. William Madden, partner with Goetz and Madden, and representing the group which have been 150 primarily protesting the zone change by Yelew Builders, appeared before the Commission. Mr. Madden informed the group that his partner, Mr. Goetz who had been representing the group, was in trial, and had been all week, therefore, he was handling the case for the protestors. He pointed out that he was present to have the records show that his clients objected to the manner in which this matter has been handled since the decision by the Bozeman Zoning Commission. The applicant prepared a report and submitted a copy of the same to the office of Goetz and Madden just a few hours before the scheduled hearing. He stated the Commission was gracious enough to permit Goetz and Madden an extension in which to review the report. Mr. Goetz's clients filed a written report in response to"Yelew Builders Rezoning Report" by Mayfield Associates which was hand delivered to the Commissioners on Tuesday p.m. Mr. Madden pointed out that now his clients were made aware of a letter from Mr. Paul D. Lytle on which they had no opportunity to respond. Mr. Madden felt the Planning Department and the Zoning Commission should receive the information for their decision before coming to the City Commission. He felt that if the Commission permitted this type of record building without having had the opportunity for the staff to review matters, there would be more and more of this type of augmenting the records. Mr. Madden recommended that the Commission strongly consider what their decision making policy would be in this case and in the future. Secondly Mr. Madden would like the records to show that their application does in fact consist of more than an application for spot zoning. Mr. Mayfield indicated that his definition of spot zoning is permitting a use different from existing uses for the benefit of the single land owner. This is only a request to build multi-family structures in a single family dwelling I area. Thirdly the application presented is essentially the same application as presented and prev- iously acted upon by the Commission. In that connection, we now have the decision of Judge Lessley with respect to the invalidity of prior proceedings and request clarification at this time as to the extent of which you, Mr. Swanson, are going to participate in voting on the application given the findings of the fact in conclusion of law of Judge Lessley. The City Attorney pointed out that he had discussed the matter with Commissioner Swanson, and Commissioner Swanson was prepared to make a statement. Commissioner Swanson indicated that he had examined the materials presented by both par":' ties and was prepared to make a statement at this time. He pointed out that certain previous activities of his were questioned but he felt they were not improper. He stated his reason for taking these actions arose from the interest he has in the betterment of the City of Bozeman. He feels it is the duty of each Commissioner to take an interest in the matters before the Commission. However, on the advice of the City At- torney and based upon Judge Lessley's finding of the fact in conclusion of law, Commissioner Swanson decided to abstain from voting on this matter. Finally Mr. Madden presented to the Commission a petition containing 31 signatures of persons owning land within 150 feet of the proposed rezoning who oppose this change. Nancy G. Kinnersley of 1609 appeared before the Commission to explain the report written by Mr. Goetz in response to the report submitted by Mayfield Associates. Mrs. Kinnersley pre- sented two types of petitions, one from owners of land within 150 feet of a tract of land in the West 1/2, NW 1/4, SW l/4, Sec. 13, T2S, R5E, MPM, and the other from persons supporting the citizens of Alder Court, Willow Way and Maple Lane in their opposition to changing the above tract from R-l to R-3 zoning. Mrs. Kinnersley also read several letters written by property owners who could not be present for the hearing but who protested the zone change. Mrs. Kinnersley said they had heard many quotes on how the area should be developed. She pointed out that there was one little problem that in referring to the master plan, the quo- tation specifically refers to the western analysis area. They are in the southern analysis area, it is not even contiguous to the western analysis area. Mrs. Kinnersley pointed out that a Helena firm had taken a traffic count in that area but it was taken on February 12, 1979 which was a holiday and therefore she did not feel they got a valid count. She also stated several cars, including a school bus got stuck on that day, so there was less traffic. She stated she had contacted and requested a traffic count last June. The following traffic count was obtained for Lincoln Road and South 19th Avenue: I I On Lincoln Road, just east of 19th Avenue On Lincoln Road, just west of 11th Avenue On 19th Avenue, just south of Main Street On 19th Avenue, just north of Kagy Blvd. 4,750 4,990 4,220 2,020 ,.' l '. ..." ~01 I Mrs. Kinnersley stated that 8/10 of an acre no longer belongs to Yelew Builders. The house and acreage has been sold. She further stated that everyone of the townhouses would be in the back yard of the property owners living on Alder Court and Willow Way. For all intents and purposes the effect on the property owners in that area would be having eighteen units per acre in their back yard. Mrs. Kinnersly pointed out that the Master Plan defines medium density as five to fourteen units per acre. The Zoning Ordinance classifies R-3 and R-4 as medium density, however, R-4 allows 20 units per acre. The Master Plan puts a maximum of 14. Mrs. Kinnersly said there had been changes in the neighborhood, and they would have rather that had not occurred. Several PUD's have been approved but have never been built. Mrs. Kinnersly felt their report would stand on its own merits, but wanted to take a few moments to thank Paul Bolton for the amount of help and cooperation he and his staff have shown everyone in this area. Arlene Lambert of 1521 Willow Way appeared before the Commission to protest the zone change mainly due to the influx of traffic it would create and for the reason that it would change the character of the neighborhood and decrease the value of their homes in that area. She felt that Mr. Babb and Mr. Bolton had a lot more time to study the traffic situation. Furthermore the Helena firm picked a day when there would be less traffic. She stated the day they chose to make the traffic study was the worst day of the year due to a thawing condition. Mrs. Lambert read letters received from several other property owners who protested the zone change. Several other property owners were present to register their protests and to read letters from other property owners who could not be present for the meeting but who protested the zone change. Jane Cooper of Alder Court addressed the Commission and stated she also protested the re- quested zone change. She advised the Commission that those people living in that area do not have fire or police protection. She stated that the decisions the City Commission make would have a great effect on the property owners living outside of the City. Pedestrian safety is a problem as there is so much pedestrian traffic. There has been no pedestrian safety taken into account at any time. Bozeman is sadly lacking in arterials. Purposes of an arterial is the speed in which the traffic is moved. She did not understand how anyone could justify the wis- dom of deliberately planning for the egress of a large number of vehicles within six hundred feet of one proposed arterial and one in fact arterial. If Kagy goes through,:they are talking about a congestion. If you have multiple housing in this small area, this is six hundred feet from that intersection, look at your bottle neck. That did not seem wise to Mrs. Cooper. Going back to the Revised Codes of Montana, 1947, Section 11-2703 provides that zoning changes must be made "with a view to conserving the value of buildings and encouraging the most approp- riate use of land throughout such municipality". Mrs. Cooper pointed out that the arguments were factual and were documented and she feels they are so overwhelming that the Commission must agree with the planning staff, the Zoning Com- mission and the property owners. Following further discussion, the Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, March 21, 1979. I Public Hearing - Conditional Use Permits (a) Southwood Properties - Clair Daines - Construct two additional buildings at l2l W. Kagy Blvd. - (to be continued) I This was the time and place set for a public hearing to consider the Conditional Use Per- met for Clair Daines of Southwood properties. The applicant seeks a conditional use permit to allow the construction of two additional buildings at 121 West Kagy Boulevard, or more specif- ically, east of Kwik Way, west of Tracy Avenue, and north of Kagy Boulevard. However, in reviewing the application, the Staff has found that planned unit developments (more than one principal structure on a lot) are not permitted in a B-1 district. Therefore, the hearing on the Conditional Use Permit for Clair Daines of Southwood Prop- erties will be continued until all of the issues have been resolved. (b) Westridge Development - Donald K. Weaver - construct a second 8,160 sq. ft. bldg at 202 East Kagy Blvd. This was the time and place set for a public hearing to consider the Conditional Use Per- 1.82 mit for Donald K. Weaver of Westridge Development. The applicant seeks a conditional use permit, which if approved, would allow the construction of a second building containing 8,160 sq. feet. The building is located at 202 East Kagy Boulevard and would be used for offices. The site is zoned R-O-T, which requires conditional use review. The Planning Director presented the staff report which recommended approval subject to con- ditions in the Staff report as amended by the Zoning Commission. Don Weaver was present and expressed his desire to create a project that would be accept- able and complimentary to the surrounding area. Robert Lee indicated that he is primarily responsible for the site plan. He stated they would like to begin construction in Spring. Several other interested persons were present and advised the Commission they were very much in favor of constructing a second building in that area. Lois Heetderks of 2010 Springcreek Drive was present to protest the Conditional Use Per- mit. A letter received from Gilbert G. Giebink protesting the request for a Conditional Use Permit was also presented. Mrs. Heetderks was of the opinion that the buildings would be low in structure and would adapt very well to the residential nature of the area in which the current building is being planned. She pointed out that it will take willow trees a long time to screen that area. She felt that if the Commission could view the area they would notice that the present office build- ing dominates the view from the west. She invited the Commission to visit her home and view the area from her deck. Mr. Giebink stated in his letter that his reason for opposing the application presented by the applicant was that the building planned is far from a California-type one story office building. The building is a 2~ story building. He is afflicted by problems of visual pollution-- the buildings being located some 3 blocks away are visible to him. He feels that the construction of two more of these buildings of the same character will do little to enhance the value of the neighborhood. He is particularly concerned about the effect on the value of property and this may result in a lawsuit or damages. There being no further discussion, the Mayor declared the hearing closed and a decision will be made on Wednesday, March 21, 1979. Discussion - re Park Land Dedication - Richards' Subdivision James Screenar, representative for Lonnie W. Beck of the Richards'Subdivision appeared before the Commission to discuss park land dedication in the Richards' Subdivision. Mr. Screener pointed out that on June 9, 1977, the City-County Planning Board passed a resolution requiring that developer Lonnie W. Beck of the Richards' Subdivision dedicate Lots One, Two and Three of Block Three of Richards' Subdivision for park purposes and/or the ex- tension of 16th Avenue. This resolution was contingent upon the fact that the City and County be able to complete the plan as was presented at the June 9, 1977 meeting. On July 5, 1978, Jim Screener petitioned for a rehearing concerning dedication of certain lands to park in Richards' Subdivision. The petitioner requested a rehearing on this appli- cation in front of the City-County Planning Board for the purpose of the Board passing a Reso- lution consistent with its June 9, 1977 meeting, reverting back to the developer, Lonnie W. Beck, and to Richards' Subdivision, Lots One, Two and Three, of Block Three, and requiring the developer, Lonnie W. Beck, to pay cash in lieu of parks. Mr. Screener pointed out that a hearing was held in September, 1978, before the City- County Planning Board relevant to the return of Lots One, Two and Three in Block 3 of Richards' Subdivision to Mr. Beck as the goals and plans for use of those lots could not be accomplished by the City of Bozeman as were outlined in the June 9, 1977 City-County Planning Board Meeting. After an extensive hearing on the matter, the decision was delayed and was set for November, 1978. However the November hearing was not scheduled and was not held. At its February 1979 meeting, the City-County Planning Board, on a split decision, voted to return the park and street tract as designated on the final subdivision plat to the developer for further building sites and obtain any outstanding cash-in-lieu payments that should be satisfied. Mr. Screener suggested that the City had not exercised due diligence in acquiring the I I I i '.'. -',' _V~ property for park purposes and they are, therefore, requesting that the property be returned to the owners for development. Renewal of Lease - United Commercial Travelers I The City Manager advised the Commission that the Lease Agreement by and between the City of Bozeman and the United Commercial Travelers, Inc., of Bozeman would be ready for passage on Wednesday, March 21, 1979. Mrs. Carrie Street - Variance to room height to remodel basement - 503 West Lamme Street A letter received from Mrs. Carrie Street requesting a variance room height to remodel the basement at 503 West Lamme Street was presented. Following discussion, the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the request for a variance be approved. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commis- sioner MacNab and Mayor Sedivy, those voting No, none. Recommendation from Library Board regarding Library Site I The Bozeman Public Library Board of Trustees voted to recommend to the City Commission, that the land on North Rouse and Lamme Street now occupied by the City shops and a police im- poundment area, plus two adjacent lots, be acquired as a site for the new library. Commissioner Swanson felt the present site would be more attractive. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the land on North Rouse and Lamme Street now occupied by the City shops and a police impoundment area, plus two adjacent lots, as recommended by the Bozeman Public Library Board of Trustees, be acquired as a site for the new library. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No being Commissioner Vollmer and Commissioner Swanson. Staff report - re EPA revision of Sewage Rates I The City is in receipt of a letter from EPA, which compels action by the City to revise the structure of its sewage rates. The rates apparently are not applied uniformly now between heavy and light users, and this is the subject of the revision. A redistribution of the rates is involved to equalize the rates on all users. The City Engineer stated the City can afford to grant large users a bulk rate on water because of efficiency in the transport and maintenance of the system. As of August 21, 1978, the City was required to declare their sewer rates to the Public Service Commission, it is now necessary that the City approach the Public Service Commission with a request for a rate change similar to that which the City is doing on the water rate. The City Engineer recommended that the City Commission retain Mr. Bill O'Leary to represent the City before the Public Service Commission on the Sewer rate change g1nCe he is familiar with the City's accounting procedure. The City Engineer then requested that the Commission authorize Mr. Bill O'Leary and Thomas, Dean and Hoskins to proceed with the preparation of the application. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commis- sion authorize the staff to take the necessary steps to proceed with the revision of the sewer rates. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Engineer's Certificate and recommendation of final acceptance - SID 580 & 583 The certificate of completion of the water and sewer improvements, SID No. 580 and 583 to the City of Bozeman by Johnson Excavating Inc., as prepared by Thomas, Dean & Hoskins, Inc., was presented. This final acceptance does not relieve the contractor of his responsibility for negligence, faulty materials or workmanship within the standard period provided for by law. The contractor has furnished a performance bond equal to the contract bid to guarantee materials and workman- ship for a one year period to commence upon final acceptance. The City Manager concurred in the recommendation of the Project Engineer and recommended .I G J~ that the project be accepted and approved by the City Commission. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that as recommended, the project be accepted as completed and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Com- missioner MacNab and Mayor Sedivy, those voting No, none. Reports: I It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Li- brary and Police Department report be accepted and ordered filed and the Building Inspectors report be listed on the agenda for next week for acknowledgement and filing. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Com- missioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy, those voting No, none. Claims The general claims for the month of March were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recom- mended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the claims be approved. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. Adjournment There being no further business at this time, it was moved by Commissioner Swanson, sec- onded by Commissioner Vandeventer, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, I none. ATTEST: ~....,.,., C---.. ,," "/ ~,-,;;,,/,,> '/ '-:;.. E - ND P. 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