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HomeMy WebLinkAbout1978-05-31 473 May 31, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Muni- cipal Building, May 31, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg, and the Clerk. I Commissioner Vandeventer opened the meeting with a prayer, whereupon the minutes of the regular meeting held on Wednesday, May 24, 1978, were approved as submitted. Open Bids - 5,240 tons bituminous plant mix material This was the time and place set for opening bids for the purchase of 5,240 tons bituminous plant mix material for the Street Department. The affidavit of publication of the "Call for Bids" was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the bid of Pioneer Ready Mix, it being the only bid submitted, be opened and read. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab; Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy, those voting No, none. Pioneer Ready Mix, Bozeman - $67,970.00 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bid of Pioneer Ready Mix of Bozeman, it being the only bid submitted, be referred to the Street Super- intendent for evaluation and a recommendation to be made to the Commission on Wednesday, June 7, 1978. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner "MacNab, and Mayor Sedivy, those voting No, none. Decision - re Conditional Use Permits (a) John and Joanna Abner - Construct one-hundred by one-hundred-forty foot building to be utilized as a gymnastic school for racquetball/handball courts within the gym- nasium - Located along Mandeville Lane in Wheat's Commercial Subdivision I The decision on the request of John and Joanna Abner to construct a building to be util- ized as a gymnastic school with racquetball/handball courts, having been deferred for a period of one week, was brought before the Commission for a final decision. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the re- quest for the Conditional Use Permit with the following conditions: l. That a common access be developed along the northwest corner of the lot to serve the proposed use. 2. That the building be located along the front yard setback and that the required forty-one (41) parking spaces be located along the west and south sides of the building. 3. That landscaping comprised of vegetative materials be provided within the front yard. Said landscaping plans to be reviewed and approved prior to issuance of a building permit. Landscaping plans to include as a minimum five trees and shrubbery. Said shrubbery to be located between the front yard and the parking. 4. That signage be limited to one free-standing or one wall advertising sign. That signage be directed primarily towards Mandeville Drive and that any wall sign not involve greater than one-third of any single face or a lineal distance of forty-six feet. And that the total sign area not be greater than one-hundred- fifty square feet in size, and in no case shall the sign be above the height of the building. 5. A minimum four-foot high fence shall be placed along the rear property line. Said fence shall screen the parking from the adjoining lot to the south. The I proposed fencing shall be included on the landscaping plan and shall be approved prior to issuance of the building permit. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy, those voting No, none. (b) Riverside Development Corporation - Development of 15 structures located along Gallatin Drive, being a portion of Blocks 3 and 4, Riverside Manor Subdivision The decision on the request of Riverside Development Corporation to develop fifteen structures comprising sixty individual townhouse units on an approximately three hundred -~-- -~ ....- ~ ~-~_.._- ~.__.._.~~- ~17-'i! twenty-two thousand square foot site, having been deferred for a period of one week, was brought before the Commission for a final decision. The City Manager concurred in the recommendation of the Zoning Commission and recommended that the Commission approve the request for the Conditional Use Permit with the following con- ditions: I 1. That the proposed townhouse development for Lots 112 through 116 inclusive be denied until such time as the applicant can show that development in this area would be protected from undercutting by the East Gallatin River. 2. That the remaining townhouse structures be approved as a Planned Unit Develop- ment subject to the following conditions: a. A minimum distance between buildings of fifteen feet be maintained. b. That a landscaping plan be submitted and approved for each building com- prised of trees and shrubs with a minimum of one tree per townhouse unit along the street frontage through an improvements agreement. c. Landscaping shall be installed within one growing season following com- pletion of any building. 3. All buildings shall be constructed as submitted; any alteration in building design or building materials shall require staff review. Any substantial alteration shall be reviewed by the Zoning Commission. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Com- mission approve the request for the Conditional Use Permit with the above conditions. 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. Public Hearing - Zone Changes (a) Clair & Sharon Daines - Rezone one-acre lots from RS-l to R-l approximately 13 acres easterly of Wagon Wheel Road and southerly of South Third Avenue I This was the time and place set for a public hearing to consider the request of Clair and Sharon Daines for a zone change from Residential Suburban-Country Estates (RS-1), one acre lots, to Residential-Single Family-Low Density (R-l) . The property is located easterly of Wagon Wheel Road approximately five hundred feet southerly of the dog-leg of South Third Avenue and consists of approximately 13 acres. The Planning Director presented the staff report which recommended that the Zone Map Change be approved conditional upon annexation to the City. All adjoining property owners were favorable to the zone change. The average lot size in the proposed zone change area is approx- imately 19,000 square feet, this being approximately 1.7 units per acre. A letter received from Carter Williams which expressed approval of the proposed zone change was presented. The Mayor declared the hearing closed, and the City Manager recommended that action be deferred for a period of one week. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commis- sion acknowledge receipt of the petition for annexation and refer it to the staff for recom- mendation on Wednesday, June 7, 1978. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Com- missioner Vandeventer, and Mayor Sedivy, those voting No, none. (b) Richard L. Schwaller - Rezone 80 acres from AS to RS-1 - Parcel being SW~ of Section 28, T2S, R6E, Tract 6 This was the time and place set for a public hearing to consider the request of Richard I L. Schwaller for a zone change from AS to RS-l. The zone change, if granted, would rezone an area approximately eighty acres in size from AS to RS-l. The parcel of land is located in the SW~ of Section 28, T2S, R6E, Tract 6, Gallatin County, Montana, and lies on the first ridge east of Sourdough Ridge. The applicant requested that the public hearing be tabled for a period of at least one month for additional study. Henry Worrest was present and stated that he concurred in the staff's report that the application for a zone change be denied. --~.._~ .i75 Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the public hearing to consider the request of Richard L. Schwaller be continued until the next scheduled meeting of the Zoning Commission. The motion was carried by the fol- lowing Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Com- I missioner Vandeventer, Commissioner MacNab, and Mayor Sedivy, those voting No, none. (c) Warren Yeley - Site located south of Lincoln Road, east of South 19th and on Willow Way from RS-1 to R-3 This was the time and place set for a public hearing to consider the request of Warren Yeley to rezone approximately 4.3 acres of land from RS-1 to R-3. The site is located south of Lincoln Road, east of South Nineteenth Avenue and on Willow Way. The applicant previously applied for R-4 zoning for this site. The Planning Staff did not support the R-4 zoning, but did support an R-3 zoning to be used as a buffer between the R-4 and RS-1 zoning districts. The site to be rezoned as well as the neighborhood is located close or adjacent to two planned community arterials, those being South Nineteenth Avenue and Kagy Boulevard. The developer intends to develop a Planned Unit Development of approximately thirty-six townhouse units. The Zoning Commission recommended denial of the request for a zone change. Dave Penwell, attorney representing the applicant, addressed the Commission and pointed out that if this parcel is not rezoned to provide a buffer zone, there will be no buffer zone between the single-family housing and the apartment houses. He stated all staff findings sup- ported the proposed zone change, but that the staff recommended denial solely because of oppo- sition of the residents in the area. He also stated a letter had been received from Richard Boylan, a resident in the vicinity of the proposed area, expressing his favor for the zone I change. A number of people in the audience representing property owners adjoining the proposed zone change site spoke in opposition to the proposed zone change. A petition signed by approximately thirty property owners, protesting the zone change from RS-1 to R-3, was presented. The property owners felt that further construction of mul- tiple-family living units in the above area would detract from the beauty of the neighborhood and cause irreparable deterioration of the life style associated with the RS-l zoning. Sev- eral letters of protest were also presented. Nancy Kinnersley, 1609 Alder Court, did not feel that an R-3 zone, in her opinion, would be an adequate buffer. Arlene Lambert said this area was established as a residential area and has been devel- oped as such for twenty years. The property owners in the Alder Court - Willow Way area basic- ally protested the recommended R-3 zoning because the four-plex development would not make a very good buffer zone. Traffic congestion would be created as a result of the higher density allowed in the R-3 zone. She said they felt any development going in that area should be complimentary to single-family resident uses. She said the people in the area were emotionally involved but felt the people living in that area were the people that should be involved. Other protests in- cluded increased litter problems, traffic congestion and pedestrian pressures. The City Manager advised the Commission that they did deny rezoning the 4.3 acre tract of land from RS-l to R-4. Hearing no additional remarks, the Mayor declared the hearing closed, and the City Manager I recommended that the request be deferred for a period of one week. Public Hearing - Conditional Use Permit - William A. Phillips - Construct 7 unit apartment at 523 East Babcock Street This was the time and place set for a public hearing to consider the request of William A. Phillips. The applicant proposes to construct a seven-unit apartment composed of 644 square feet of floor area located at 523 East Babcock Street. The applicant's lot is located in an area zoned Central Business District. The proposed apartment building is a conditionally permitted use in this district. The Zoning Commission rec- ommended that the Conditional Use Permit be denied. A number of people representing property owners and property owners were present to protest -- 17G the building of an eight-unit efficiency apartment structure on Lots 21 and 22, Block B, in Rouse's Addition. They felt there was not sufficient parking and that there are existing traffic problems on Babcock without an additional 12 to 15 cars. They were also concerned about pets, and the additional problems they would create. They further stated the lots are not large enough for an eight-unit apartment struc- I ture. There being no additional comments, the Mayor declared the hearing closed. The City Manager recommended that the request for the Conditional Use Permit be deferred for a period of one week. Acknowledge and recognize Marie E. McAllister from Bozeman as 1978 National Presidential Scholar Mayor Sedivy announced that Marie McAllister of Bozeman had been selected as one of the National Presidential Scholars from Montana. He stated that under this program only two are selected from each state. The program in- closed a week-long seminar in Washington, D. C. The Commission concurred in the Mayor's recognition of Marie E. McAllister. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the City Manager be instructed to send a letter of congratuation to Marie McAllister. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy, those voting No, none. Ordinance - Amending Zoning Code - re parking requirements for theatres A proposed ordinance amendment dealing with revising parking requirements for theatres was presented. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the proposed ordinance be sent to the Parking Commission for their inspection and considera- tion before being passed by the City Commission. The motion was carried by the following Aye and I No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Van- deventer, Commissioner MacNab, and Mayor Sedivy, those voting No, none. William J. Sullivan (Allied Mfg. Corp.) - re interpretation on manufacturing A letter received from Mr. William J. Sullivan, President of Allied Manufacturing Corpora- tion, requesting permission to transfer a portion of their operation into the basement of the City Dye Building, which their company owns, was presented. They also requested permission to stucco the rear of the Gallatin Realty Co., Inc. IS, building located at 120-122 East Main Street. The Building Inspector advised the Commission that to move the business to the proposed location would be a violation of the Zoning Code, i.e., manufacturing in a central business zone. Mr. Gesko asked if there was no variance in the Zoning Code. The City Attorney advised the Commission that Mr. Sullivan's operation could be classified as a retail business and the manufacturing part of the business classified as secondary to the retail and wholesale sales and thus be permitted in the business zone. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that permission be granted Mr. Sullivan to transfer a portion of the Allied Manufacturing Corporation operation into the basement of the City Dye Building. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer, and Mayor Sedivy, those voting No, none. Plans and Specifications - 1978 Sidewalk and Curb Program - "Call for Bids" to be opened June 14,78 Plans and specifications covering the 1978 sidewalk and curb improvements as prepared by I the Engineering staff were placed before the Commission. The City Manager concurred with the Engineering staff and recommended that the plans and specifications as presented be approved and that a "Call for Bids" for the construction of the sidewalks and curbs with an opening date of June 14, 1978, be approved. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Clerk of the Commission be instructed and directed to issue a "Call for Bids" for the construction of the sidewalks and curbs with an opening date of June 14, 1978. The motion was carried by the fol- lowing Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Com- 17.7 missioner Vandeventer, Commissioner MacNab, and Mayor Sedivy, those voting No, none. - Acknowledge receipt of petition protesting Far West Annexation A petition signed by a number of property owners protesting the Far West Annexation was I presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission acknowledge receipt of the petition. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy, those voting No, none. Proclamation - "College National Finals Rodeo Month" - June 1978 Mayor Sedivy proclaimed the month of June 1978 as "College National Finals Rodeo Month" and urged all citizens of this City and area to observe in an appropriate manner, such as wearing colorful and typical attire on this special occasion, to participate in their stores by appro- priate decorations and suggesting western dress for all employees; and full participation in the parade, and attendance at the various sessions of the Rodeo itself. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission endorse the Mayor's proclamation. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy, those voting No, none. Raffle License Application - Junior Panhellenic - June 7, 1978 The City Manager presented an application along with the required fee from the Junior Pan- hellenic for a raffle to be held on June 7, 1978. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission approve the application for the raffle license. The motion was carried by the following I Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commis- sioner MacNab, Commissioner Vollmer, and Mayor Sedivy, those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the meeting be adjourned. 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. -.., ATTEST: COMMISSION I