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HomeMy WebLinkAbout2003-02-24 Minutes, City Commission -..-........-.-.-.-..-..------ _n_._"..._ . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 24, 2003 *************..************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, February 24, 2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe (for the afternoon session), Staff Attorney Tim Cooper (for the evening session) and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Januarv 18. 2000. November 22.2002 and Februarv 10 and Februarv 18. 2003 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of February 10, 2003, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, November 22, 2002, and February 18, 2003, to a later date. Presentation of plaaue Mayor Kirchhoff noted that Clerk of the Commission Sullivan recently obtained the Master Municipal Clerk designation from the International Institute of Municipal Clerks, and presented her a plaque and pin. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Ordinance No. 1590 - amendina the zonina desianation from "R-4" to "R-3a" on sDecified lots within Blocks 7.8 and 9. West Park Addition. and Block 10. Park Addition (between South 7th and South 11th Avenues alona south side of West Olive Street): Drovisionallv adoDt and bring back in two weeks for final adoDtion ORDINANCE NO. 1590 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY AMENDING THE ZONING DESIGNATION FROM "R-4" (RESIDENTIAL HIGH DENSITY) TO "R-3a" (RESIDENTIAL, TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT) ON 5.22 ACRES LOCATED ALONG THE SOUTH SIDE OF WEST OLIVE STREET, BETWEEN THE ALLEY BETWEEN SOUTH 7TH AND SOUTH 8TH AVENUES AND SOUTH 11TH AVENUE, IN THE CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. ADDroval of final Dlat for StoneRidge PUD Maior Subdivision. Phase 28 - subdivide 15.20 acres described as the remaining tract created bv Minor Subdivision. Phase I of the StoneRidae Subdivision Planned Unit DeveloDment into 16 lots (along west side of North 19th Avenue. north of North 22nd Avenue) (P-02017) 02-24-03 ... ------ -2- Exemption from subdivision review - allow aaareaation of Lot 1. Minor Subdivision No. 109. Lots 2-A and 3-A. Minor Subdivision No. 109B and the abandoned riahts-of-wav of North 5th Avenue and Baxter Road and deeded right-of-wav into a sinale lot: and realianment of common boundary between the new lot and unplatted tract to the east - George E. Westlake and Kav H. Martinen (WalMart site) (E-03001) Authorize City Manager to sign - Public Street and Utilitv Easement for Baxter Lane - James W. Bentley (45-foot-wide strip alona southern edae of parcel for north half of Baxter Lane. west of Thomas Lane) Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Informal review - Conditional Use Permit for mixed use development on propertv located along West Dickerson Street between South 19th Avenue and South 20th Avenue - Bruce and Maurv Wiegand Included in the Commissioners' packets was a memo from Assistant Planner Jami Morris, dated February 24, forwarding the applicant's proposal for a mixed use development. Planning Director Andy Epple presented staff report on behalf of Assistant Planner Morris. He stated that the subject property is located on the west side of South 19th Avenue, along both sides of West Dickerson Street. He noted this property is across South 19th Avenue from the Law and Justice Center, several office buildings and a bank. He indicated that the property is zoned a combination of "R-O" and "R-4," and the applicant is proposing a combination of residential and office development that spans those zoning designations. He aCknowledged that this proposal does not conform to what is anticipated in the Bozeman 2020 Community Plan; however, staff finds the proposed mix of uses appropriate and, on the whole, furthers several of the goals and objectives of that plan. He noted that staff encouraged the applicant to proceed with this informal review to identify any concerns the Commission may have with the proposal. Mr. Bayliss Ward, architect for the applicants, stated that the property slopes from the southeast to the northwest, so locating the stormwater detention pond on the northernmost lot makes the most sense. As a result, constructing a building at the corner of South 19th Avenue and West Dickerson Street would be extremely difficult and costly. He asked for Commissioner input on whether the proposed mix of uses is acceptable, noting that he does not wish to proceed with developing plans for that type of project if the Commission is not supportive. Mayor Kirchhoff stated that the Commission typically encourages building adjacent to a prominent street, and he is a little concerned about losing the built edge at the corner due to the detention pond. At Planning Director Epple's request, Mr. Ward reviewed the mix of office and residential uses. He noted that there are currently four-plexes constructed adjacent to Lot 9, and he proposes to construct an eight-plex on that lot with parking behind. The rest of the lots will contain two-story office buildings, with a total of 20,000 to 25,000 square feet of space, and possibly residential units above. Once the applicants move from this property, it is anticipated that apartments in four-plexes or five-plexes will complete the development of this property. Mayor Kirchhoff stated his reaction to the plan is generally favorable, noting it seems to be thoughtfully designed and appropriate for the location. Commissioner Youngman noted that she finds the different configuration is acceptable. Commissioner Brown stated it meets the intent of the growth policy, and he does not want to get caught in the technicalities. 02-24-03 .. ..---..--......--.. - 3 - Commissioner Hietala indicated he likes the project as proposed. The Mayor thanked the applicant for the opportunity to conduct this review. Discussion re budaet Drocess Administrative Services Director Miral Gamradt gave a power point presentation in which he identified the ideal budget process and some of the past processes. He noted that it is important for the City Commission to provide policy direction and goals to the City Manager so that the budget can reflect that input. He noted that in years past, the City Manager had a sense of what the Commission wanted and developed the budget based on the hope that his sense was accurate. The Administrative Services Director stressed that making few adjustments to the budget recommended by the City Manager does not mean the Commission has little involvement; it means the Commission provided adequate direction to ensure the budget would reflect its direction. Administrative Services Director Gamradt highlighted past practices, noting that they have met with varying degrees of success. He noted that in years past, the Commission was involved in budgeting at the line item level; and that involvement has since moved to the policy level. He stated that involvement at the policy level leads to broad decisions, leaving the operational details to the management staff. He reminded the Commissioners that City Manager Johnson also started bus tours of the various facilities, with management staff giving presentations on their operations. He indicated that both the Commissioners and staff found these tours invaluable, particularly when new Commissioners are being seated. He stated that a variety of methods have been used for developing and prioritizing goals, department heads have provided lists of goals for Commission consideration, and town meetings have been held to solicit public input. The Administrative Services Director noted that it is now time to provide input into the budget priorities for the upcoming year. He cautioned that there are always more requests than available revenues and there are few discretionary funds; rather, if an item is to be funded, it must typically be coupled with an item to be cut. He stressed that it is important to fund one-time costs when necessary, and to ensure that those costs don't become a part of the base budget for future years. The Administrative Services Director showed a graph of the general fund balance for the past nine years, noting that both the revenues and expenditures are very predictable. He noted that the trend of the balance is the key issue to identifying the stability of the fund. He stated that between 1994 and 1997, the trend in the general fund was down; however, that was due to a conscious decision to spend the monies previously set aside to cover the liability for accrued vacation and sick leave for all employees. Responding to Commissioner Brown, the Administrative Services Director stated that both the trend and the balance of the general fund are critical in the rating of general obligation bonds. Administrative Services Director Gamradt turned his attention to the enterprise funds, noting they are extremely volatile, particularly on the expenditure side because of the high costs of infrastructure projects. He noted that the water revenues can also fluctuate significantly, depending on whether it is a wet or a dry year. He stated that through the development of a five-year capital improvement program, the City has been able to plan for large scale infrastructure projects while managing a balance in these funds. The Administrative Services Director next addressed the budget outlook for next year, noting that it looks promising because of growth in the community and the attendant increase in revenues; however, he cautioned that growth also places demands on services. Responding to Mayor Kirchhoff, the Administrative Services Director stated that departments feel the pressure from citizens, and that is often reflected in budget requests. He acknowledged that the Commission will often feel the pressure from both the citizens and the various departments. Administrative Services Director Gamradt concluded by requesting direction from the Commission so that staff may proceed with preparing a budget that addresses that input. Mayor Kirchhoff voiced his comfort with allowing staff and the City Manager to prepare a proposed budget, noting that the professional staff better knows the needs of the organization than the Commission. 02-24-03 - - - _____u_____ -4- Commissioner Hietala stated that, as a Commissioner who has served just over a year, he is hungry for information and does not feel qualified to identify goals and objectives. He noted that he would like to know what's happening currently, what is anticipated for the future, what tools and resources may be underutilized, what tools are needed to do a better job, and where the organization can gain in performance. Commissioner Cetraro stated that he, too, is hungry for information. He asked that if the Commission's desire is to cut programs or positions, the Commissioners have a roundtable discussion on the ideas. He also noted he would like to know if there is any replication of duties among staff members and if greater efficiencies can be accomplished. Mayor Kirchhoff stated that, for him, the City's trained professional staff position is key; and it is his assumption that the City Manager's proposed budget is for the leanest program possible. Commissioner Youngman stated that those programs not under a specific department are what would be missing from a budget prepared by staff without Commission input, citing water conservation as an example. She noted that, to date, the Commission has had no discussion on such issues and, thus, has provided no guidance to staff. She recognized that the line item approach provided great budget education for those Commissioners who have served for several years and acknowledged that the new approach does not provide that intimate understanding of the budget process or of the detail in the budget. She also noted that under the current process, the Commissioners are not informed of whether any of their priorities or staff's priorities are included in the final budget. Responding to Mayor Kirchhoff, City Manager Johnson stated that input on the professional staff's goals and desires is done independently rather than in a group setting. He noted that a capital improvement program meeting was planned, but he found that fewer than ten of the projects in the program are to be funded from the General Fund and that such discussion would not be beneficial. He then stressed that management takes steps to ensure that there is no duplication of resources; rather, the City purchases equipment that is available to all departments rather than to a specific department. Planning Director Epple noted that the facilities tours have been beneficial for all staff members, and the City Manager has fostered an environment of teamwork and the larger organization rather than independent operations. Commissioner Brown noted that the enterprise funds are run similar to a private business, with adequate revenues being generated to cover the costs of operation. As a result, he feels an obligation to approve rate increases when requested. He then stated his primary area of focus is changes in personnel and the costs associated with those changes. Responding to Mayor Kirchhoff, Administrative Services Director Gamradt estimated personnel costs at 60 to 70 percent in the general fund, with capital costs being fairly low. Based on the Commissioner comments, Mayor Kirchhoff suggested a hybrid approach to the budgeting process, with more detail being provided for the general fund portion of the budget. City Manager Johnson noted that the budget book includes workload and performance indicators for each department, and the narrative in the front of the book shows how each of the Commission's goals is addressed in the budget. He then recognized that when various studies are presented, everyone sits politely and listens, but no guidance is ever provided. He cited the recent affordable housing study and the water conservation study as examples, and suggested that a discussion be placed on an agenda soon after presentation of the report to provide direction to staff. He cautioned that, by waiting until the next budget cycle to address those issues, they may be lost in the shuffle. Responding to questions from Commissioner Cetraro, City Manager Johnson stated that staff sees little room for expansion of the basic services provided; however, he noted that staff may find efficiencies in the studies done. Responding to Commissioner Youngman, the City Manager stated that Solid Waste Superintendent Kottwitz is monitoring the recycling of plastics closely and, if the opportunity arises, staff will seek a budget amendment to undertake that type of program. 02-24-03 - 5 - City Manager Johnson noted that there has not been a Commission in the past several years that has not identified recycling, affordable housing, parks and bike paths as top priorities; and staff continues to keep an eye open for opportunities to take incremental steps in each of those areas. Commissioner Brown suggested that, at a minimum, it is important to identify those areas where a drastic change in emphasis or procedures is anticipated or proposed since those changes will likely involve significant policy decisions. Mayor Kirchhoff noted that, in light of this discussion, the Commission needs a list of studies that have been done, so it can decide if any items should be included in the budget. He noted that the City Manager will then prepare the budget, and the City Commission will re-enter the process as it reviews that document. City Manager Johnson indicated that he will include past goals and pOlicies in the Commissioners' packets as well as a list of past studies that have not yet been addressed. Break. 4:30 to 4:38 D.m. Mayor Kirchhoff declared a break from 4:30 p.m. to 4:38 p.m., in accordance with Commission policy. Executive session re litiaation strateav At 4:38 p.m., Mayor Kirchhoff announced that, pursuant to Section 2-3-203(4)(a), Montana Code Annotated, and the Montana Supreme Court rulings, he, as presiding officer, has determined that the discussion of strategy to be followed with respect to litigation in open meeting would have a detrimental effect on the litigating position of the City. He then called an executive session for the purpose of discussing litigation strategy and requested that all persons except the Commissioners, City Manager, City Attorney, Planning Director, Attorney Bob Planalp and the Clerk leave the room. At 5:10 p.m., Mayor Kirchhoff closed the executive session and reconvened the open meeting. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from Jim Pepper, dated February 11, providing a follow-up to the Bozeman Creek neighborhood plan charrette. (2) Legislative update from the Bozeman Area Chamber of Commerce for the week of February 17. (3) Agenda for the School District No.7 Board meeting, to be held at 7:00 p.m. tonight at the Willson School. (4) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, February 25, in the Commission Room. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, February 25, at the Professional Building. (6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, February 25, at the Professional Building. (7) Notice that the County Planning Board meeting for February 25 was cancelled. (8) City Attorney Paul Luwe distributed copies of a draft ordinance revising the sidewalk encroachment ordinance. He noted that under these changes, the aggregate insurance requirement for 02-24-03 --.-"'.".--."'. --- ---....------..-.-...-------.----....-. "...-.----- .... - 6 - sandwich board signs is to be reduced from $1 ~ million to $1 million. He stated that these proposed changes are in response to concerns voiced about the costs of providing the required level of insurance. Staff has reviewed the risk management issues and determined that the risk to the City from the change is pretty low, and will place this ordinance on next week's agenda for action. Recess - 5:15 p.m. Mayor Kirchhoff recessed the meeting at 5:15 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and complete the routine business items. Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. Public hearin9 - budget amendments for Fiscal Year 2002-2003. as a result of mid-year budaet review This was the time and place set for the pUblic hearing on the budget amendments for Fiscal Year 2002-2003 that resulted from the mid-year budget review. Mayor Kirchhoff opened the public hearing. Administrative Services Director Miral Gamradt noted that the mid-year budget review was presented at the January 27 meeting. That review included two recommended amendments, one resulting from the special voted mill levy for purchase of $1 million in fire equipment and the other being for $1 million to acquire the solid waste transfer station site identified as the Commission's top choice. No one was present to address the proposed budget amendments. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission approve the budget amendments for Fiscal year 2002-2003 to include $1 million for Fire Department equipment and $1 million for acquisition of the solid waste transfer station site in the budget. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearing - Certificate of Appropriateness to allow construction of two-stOry aaraae with apartment on Lots 1 and 2. Block 35. West Park Addition. with deviations from Section 18.18.030.. Bozeman Municipal Code. to allow new dwellina unit on lot that is 10 feet less than reauired 60-foot width: from Section 18.50.050.. to allow proposed garaae/apartment to encroach 6 feet into reauired 10-foot rear yard setback for accessory buildings. to occupy more than 25 percent of reauired rear yard. to encroach 4% feet into reauired 15-foot side yard setback: and from Section 18.50.110.. to allow parkina within reauired side yard setback. allow two drive accesses onto West StOry Street. and allow three less parkina spaces than reauired - Edwin Bowers. 501 South 9th Avenue (Z-02261) This was the time and place set for the public hearing on the Certificate of Appropriateness, requested by Edwin Bowers under Application No. Z-02261 , to allow construction of a two-story garage with apartment on Lots 1 and 2, Block 35, West Park Addition, with deviations from Section 18.18.030. of the Bozeman Municipal Code, to allow an additional dwelling unit on a lot that is 10 feet less than the required 60-foot width; from Section 18.50.050., to allow the proposed garage/apartment to encroach 6 feet into the required 1 O-foot rear yard setback for accessory buildings, to occupy more than 25 percent of the required rear yard, and to encroach 4~ feet into the required 15-foot side yard setback; and from Section 18.50.110., to allow parking within the required side yard setback, allow two drive accesses onto West Story Street, and allow three less parking spaces than required. The subject property is located at 501 South 9th Avenue. Mayor Kirchhoff opened the public hearing. 02-24-03 - ------...- - 7 - Assistant Planner Susan Kozub presented the staff report. She stated that the subject property is located at the southwest corner of the intersection of South 9th Avenue and West Story Street. The applicant is proposing to construct a detached one-car garage with an apartment on the second floor and is seeking seven deviations to accommodate it. She reviewed each of those requested deviations individually, as well as staff's findings on each. She noted that narrow lots are common in this overlay district and encroachments into the required setbacks are common in both this area and the core of the city. She noted that one of the deviations is to allow more than 25 percent lot coverage in the rear yard; however, if the garage is approved, the overall lot coverage will be 25 percent, which is substantially lower than the 40-percent coverage allowed under the zone code. She stated that another deviation is requested to allow parking in front of the garage as well as in a parking area along West Story Street, with both areas encroaching into the required setback. Finally, the applicant is requesting a deviation to allow two drive accesses along the West Story Street frontage, to access both the garage and the off-street parking area. The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She briefly reviewed those findings and forwarded staff's recommendation. She stated that, while staff can support a majority of the requested deviations, it has recommended that the proposed parking area along West Story Street be eliminated and that the deviation for two drive accesses not be approved. She noted that, since this is a corner lot, there is adequate on-street parking to meet the parking requirements, particularly when coupled with the garage and the off-street parking space in front of it. She then highlighted the recommended conditions of approval for this project. Mr. Robert Dougherty, architect representing the applicant, stated that they have tried to keep the height of the project down by constructing a story and a half building with dormers on each side. A shed roof has been included to break up the east elevation, and it also acts as a porch for the upstairs unit; and the south elevation has been broken with a small deck. He stated the proposed location follows the line of the house along West Story Street and follows the line of other garages along the alley. He acknowledged that a lot of deviations have been requested in conjunction with this application; however, he characterized many of them as standard in the older parts of the community. He stressed that the result will be a very small one-bedroom apartment for the owner, who travels the world and is in Bozeman occasionally. Mr. Ken Runnion, property manager for Duane and Louise Bretzke, owners of the property at 514 South 10th Avenue, stated his clients are worried about the increased traffic along the alley and the fact that this project will detract from the single-family residential character of the area. Also, the MSU residential parking district ends just a block away, so this area encounters significant on-street parking problems. Because of those concerns, his clients are opposed to this project. Ms. Martha Jackson, 504 South 9th Avenue, stated she has resided there for over fifty years. She noted that there is a high fence around the back of the property and suggested that, by removing that fence, the garage and off-street parking could be provided from the alley. She stated there are four bedrooms in the house, and they are obviously all occupied, with no off-street parking provided. She questioned why the owner needs a separate unit over the garage when he is only occasionally at home. She concluded by expressing her strong opposition to this application, particularly in light of the parking issues in this area. Mr. Steve Jackson, 502 South 10th Avenue, stated he lives across the alley from the property in question. He noted that he has a corner lot and finds it very difficult to find a place to park on the street, particularly when MSU is in session because of its proximity to the MSU residential parking district. He is also concerned about the lack of privacy in his back yard that will result from a second-story apartment looking across the alley, even if every effort is being made to keep the unit as low as possible. He suggested that requiring the garage to be set back the appropriate distance from the alley might help, but would not alleviate his privacy concerns. He concluded by noting there is adequate space on the property to locate the garage where it would meet all setback requirements and indicated he does not support the deviations. Responding to questions from Mayor Kirchhoff, Assistant Planner Kozub stated that the applicant has noted he has no strong preference on providing the two off-street parking spaces in the side yard. She then acknowledged that the curb cut to access those two off-street parking spaces would result in the loss of one existing on-street parking space. Commissioner Brown suggested the possibility of removing the existing shed and providing the two off-street parking spaces, noting that to do so would make the back yard more usable. 02-24-03 - 8- Mr. Dougherty acknowledged that parking in that general area is difficult, and noted that the on-site parking spaces would help to ensure adequate parking spaces for the residents of this property. He characterized the subject lot as a very large corner lot, and noted that he has tried to design a project that respects the character of the neighborhood while meeting the needs of the property owner. He then indicated a willingness to work with the neighbors but cautioned that no specific project can address the parking problems around campus. He suggested that one alternative would be to extend the parking district another block, to include this property. Responding to questions from Commissioner Brown, Mr. Dougherty stated that retaining the shed and the storage area that it provides is more important than providing on-site parking. Responding to Commissioner Youngman, Mr. Dougherty stated that shifting the garage so that a deviation from the rear yard setback is not needed would negatively impact two existing trees. Mr. Ed Bowers, applicant, expressed a willingness to work with Mr. Jackson by ensuring that windows are placed so they minimize impacts on his back yard. He noted the purpose behind this application is to create an indoor work space where he can repair equipment and prepare for trips. He then turned his attention to the existing residence on the site, noting that in the past there have been people in all of the rooms; however, he has two rooms rented at this time and hopes to soon have it empty so he can do needed repairs and maintenance before renting it out again. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Mayor Kirchhoff stated he does not feel the two parking spaces would be of adequate benefit to require them. He then expressed his appreciation for the applicant's willingness to work with the neighbors to create a project that is acceptable to them and indicated his support for staff's recommendations. Commissioner Brown noted that, while he initially had concerns about the project, he feels it is appropriate and indicated support for staff's recommendations. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Certificate of Appropriateness, requested by Edwin Bowers under Application No. Z-02261, to allow construction of a two-story garage with apartment on Lots 1 and 2, Block 35, West Park Addition, with deviations from Section 18.18.030. of the Bozeman Municipal Code, to allow an additional dwelling unit on a lot that is 10 feet less than the required 60-foot width; from Section 18.50.050., to allow the proposed garage/apartment to encroach 6 feet into the required 10-foot rear yard setback for accessory buildings, to occupy more than 25 percent of the required rear yard, and to encroach 41;2 feet into the required 15-foot side yard setback; and from Section 18.50.110., to allow parking within the required side yard setback, allow two drive accesses onto West Story Street, and allow three less parking spaces than required, be approved subject to the following conditions: 1. The 20-foot by 20-foot parking area along West Story Street shall not be included as part of the Certificate of Appropriateness. 2. The proposed apartment must have its own sewer service, independent of the existing house. FYI: The Water/Sewer Department does not recommend running a new sewer service line for the main structure under the proposed garage. Check with the Water/Sewer Department for alternative location possibilities. 3. The proposed apartment water line may tie into the existing line for the main structure behind the water meter and backflow protection. 4. The applicant shall obtain a building permit and pay all required fees within one year of Certificate of Appropriateness approval or this approval shall become null and void. 5. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to 02-24-03 - 9 - undertaking said modifications, as required by Section 18.62.040 of the Bozeman zone code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public hearina - Certificate of ADDroDriateness to allow construction of 515-sauare-foot shed on Lots 7.8.9 and 10. Block 15. CaDitol Hill Addition. with deviations from Section 18.18.050.. Bozeman MuniciDal Code. to allow proposed shed to encroach 15% feet into reauired 20-foot rear yard setback and 4 feet into reauired 5-foot side yard setback: and from Section 18.50.050.. to allow accessory structure to OCCUDY more than 25 Dercent of the reauired rear yard - Scott Lawson. 405 West Cleveland Street (Z-03021) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Scott Lawson under Application No. Z-03021, to allow construction of a 515-square-foot shed on Lots 7, 8, 9 and 10, Block 15, Capitol Hill Addition, with deviations from Section 18.18.050. of the Bozeman Municipal Code, to allow the proposed shed to encroach 151,4 feet into the required 20-foot rear yard setback and 4 feet into the required 5-foot side yard setback; and from Section 18.50.050., to allow an accessory structure to occupy more than 25 percent of the required rear yard. The subject property is located at 405 West Cleveland Street. Mayor Kirchhoff opened the public hearing. Assistant Planner Susan Kozub distributed a letter received after the packets were prepared, along with a timeline explaining the history of the project, after which she presented the staff report. She noted the subject property is located at the northwest corner of the intersection of West Cleveland Street and South 4th Avenue. In October 2001, demolition of the trellis/deck and construction of a shed began; and in November, the applicant realized that a Certificate of Appropriateness was required and subsequently submitted an application. That application was approved on November 27,2001, with a ten-foot rear yard setback and a five-foot side yard setback. At that time, the Historic Preservation Officer should have required that the applicant seek approval for two deviations because the proposed shed was over 120 square feet, triggering the regulations for accessory buildings and exceeding the allowed rear yard coverage. The construction of the original shed continued after that approval, although a building permit had not yet been obtained. Due to foundation issues identified during an inspection, that building had to be demolished; and a second shed was started in the summer of 2002. Construction on that shed was progressing when the Planning Office received a complaint from the neighbor, and it was discovered that two additional deviations were needed because it was closer to the rear lot line and larger than what was approved under the original Certificate of Appropriateness. A subsequent survey revealed that the accessory building also encroaches into the side yard setback. The Assistant Planner noted that a stop work order was issued on October 22; and on January 28, the applicant submitted an application for a Certificate of Appropriateness with deviations to allow the building to encroach 151,4 feet into the required 20-foot rear yard setback and 312 feet into the required 5-foot side yard setback and to allow coverage of more than 25 percent of the rear yard area. Assistant Planner Kozub stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She briefly summarized those findings and forwarded staff's recommendation for approval, subject to five conditions. Those conditions include removing the south wing ofthe structure, bringing the structure back to its historic location and alleviating some of the neighbor's concerns about massing along the property line. She then noted that, due to the proximity of the building to the property line, requirements for a one-hour fire wall and no openings are triggered. She concluded by noting that the Planning Office has received five letters, four of which state objections to the project and cite failure to follow the process, and identify concerns about size, height and mass. Responding to questions from Mayor Kirchhoff, Planning Director Epple characterized this as a very awkward situation. He noted that the projects on this property have spanned three Historic Preservation Officers. The first application was to raze the garage and construct one which connects to the house and that project is proceeding. He stated that the proposal for the shed was sUbsequently submitted and was viewed as an addition to complement the significant project already in progress. He acknowledged that it 02-24-03 __.____ ..__. _. _.._______._..__.______._m__u_._ ----- -10- probably did not receive the scrutiny that it needed and, as a result, the massing, scale and location of the accessory building were not initially identified as critical issues. Responding to questions from CommissionerYoungman, the Assistant Planner stated that the initial application was for a 464-square-foot shed, and the shed under construction is 515 square feet. Removal of the wing as proposed by staff will decrease the size by less than 80 square feet. Mr. Scott Lawson, applicant, expressed his concurrence with the staff recommendations, noting it was his intent to tuck the structure behind the big trees and into the back corner of the lot, occupying space that was not very usable. He stated that, when siting the structure, he based it off the fence but, when the survey was done, he found the fence was not located on the property line. He showed the Commissioners a copy of the drawing submitted with the original application, noting that it shows the building being located less than five feet from the back alley. He further noted that former Historic Preservation Officer Jim Jenks redrew the plan and, based on that drawing, approved the Certificate of Appropriateness. Until he saw it recently, he was unaware that the redrawn plan showed the shed set back ten feet from the alley. Mr. Lawson stated that, since obtaining a building permit, he has worked closely with the Building Inspection Division and has revised plans as necessary to configure the building to make construction easier, since he is doing the work himself. He expressed concern that, throughout that revision process, he has not been referred back to the Planning Office for additional review. He concluded by voicing concerns with the process and what he views as lack of communication. Mrs. Lori Lawson, applicant, characterized this as her husband's project, although she worked with the Historic Preservation Planner on the application process. She noted that he redrew the site plan on smaller paper because of the type and size of paper on which the architect submitted the plan. She expressed her concern that they felt they had done everything right and were baffled when they were issued the stop order. Ms. Sarah Helfrich, 405 West Cleveland Street, stated she lives directly west of the subject property. She acknowledged that there have been numerous errors in the process; however, she does not feel the building is appropriate in this historic district. She read a portion of the letter to the applicant from the Planning Office, noting it contains errors even in the first line. Ms. Helfrich stated she cannot support the requested deviations, and staff's proposal to remove eight feet of the south wing is not enough. She noted the shed is built very close to the property line and is huge. She concluded by expressing her frustration and indicating it is not appropriate. Mr. Joseph Arcari, 221 South Tracy Avenue, stated he has been through the planning process twice with his own property and has asked the right questions to get through the process properly. He indicated this project has been botched from the beginning and noted that the building is out of character for this district, looking more like a woodworking shop than a shed. He suggested that the City enforce the zoning regulations and recommended that removal of the building be required. Assistant Planner Kozub noted that the new accessory building is being constructed on the concrete pad from the previous garage, which was built in the 1930s. Planning Director Epple noted that garage was 20 feet by 12 feet. Commissioner Brown noted that there is a lot of confusion around this whole project, making it difficult to reach a good decision. Commissioner Youngman expressed concern that the building is being constructed closer to the spruce trees than she had anticipated, and she is concerned that it may damage them. Mr. Scott Lawson agreed that this project has been botched from the beginning. He then noted that the 25-percent rear yard coverage was not previously mentioned. He stated the structure is plywood right now and encouraged the Commissioners to look at the drawings of the building, which depict an arched window from an old house and a stone base to make it look like it's been there forever. He then indicated that the building is designed for storage and for a work bench. He noted that a lot of time and energy is involved in this project and asked the Commission to carefully consider all of the issues. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 02-24-03 - 11 - Mayor Kirchhoff noted it is apparent that several errors have been made by all of the parties involved in the process. He stated that, in light of all the problems and issues that have arisen, he supports staff's recommendation for approval with compromises to address some of the concerns raised by the neighbors. Commissioner Brown stated he does not feel the applicants intentionally undertook construction of the building in an attempt to circumvent the City's processes and regulations; rather, he characterized it as a project in which an awful lot of mistakes have been made. He then stated that, at a minimum, the size of the building needs to be reduced, and he is still very uncomfortable with the project. Commissioner Youngman requested that the decision on this application be delayed for one week and suggested that, during that week, City staff, the applicant and the neighbors work together to reach common ground and compromise. She noted that, if the applicant and neighbors are not able to reach an agreement before the end of this meeting, the Community Mediation Center could possibly be used for the process. She stated that many honest mistakes have been made; however, she noted that the applicant has done several things consciously, including constructing a building bigger than what was approved. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the decision on this application be brought back just prior to adjournment if the applicant and neighbors are able to reach a compromise or, if no compromise is reached, that it be brought back within the next two weeks for a decision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Break - 8:30 to 8:40 p.m. Mayor Kirchhoff declared a break from 8:30 pm. to 8:40 p.m., in accordance with Commission policy. Public hearina - Minor Site Plan with Certificate of Appropriateness to allow construction of a 7.343- sQuare-foot. two-story office. retail and residential buildina on Lot 4. West Main Business Plaza Subdivision. with deviation from Section 18.50.060.. to allow the parkina lot to encroach 3 feet into the reauired 15-foot corner side yard - Springer Group Architects for Paradiam Development lNorthbrook Plaza. 606 Professional Drive) (2-02258) This was the time and place set for the public hearing on the Minor Site Plan with Certificate of Appropriateness, requested by Springer Group Architects for Paradigm Development under Application No. 2-02258, to allow construction of a 7,343-square-foot, two-story office, retail and residential building on Lot 4, West Main Business Plaza Subdivision, with a deviation from Section 18.50.060. of the Bozeman Municipal Code, to allow the parking lot to encroach 3 feet into the required 15-foot corner side yard. The subject property is located at 606 Professional Drive. Mayor Kirchhoff opened the public hearing. Urban Designer Candace Honatke presented the staff report. She stated that Northbrook Plaza is to be constructed at the end of Professional Drive and is to be a two-story building. She indicated that one deviation is being requested to allow the parking lot to encroach up to 5 feet into the required 15-foot corner side yard setback along West Dickerson Street. She stressed that the right-of-way for this street exists; however, the street has not yet been constructed. She noted that the subject site is quite small but will accommodate this proposed development with the single deviation. The Urban Designer stated that staff has reviewed this application in light of the applicable criteria. She briefly summarized the comprehensive findings which were contained in the written staff report and concluded by forwarding staff's recommendation for approval subject to several conditions. Mr. Lowell Springer, architect representing the applicant, stated concurrence with the staff report and a willingness to accept the conditions as recommended. He noted that an easement ten feet from the north property line pushed the structure far enough south to require the requested deviation. He then stated that West Dickerson Street may be constructed adjacent to this property some day; however, it cannot be extended to West Main Street because of structures in the way. He noted that, until the street is 02-24-03 - 12 - constructed, the right-of-way will remain as open space adjacent to this property. He concluded by indicating a willingness to respond to questions. No one was present to speak in opposition to this project. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Minor Site Plan with Certificate of Appropriateness, requested by Springer Group Architects for Paradigm Development under Application No. 2-02258, to allow construction of a 7,343-square-foot, two-story office, retail and residential building on Lot 4, West Main Business Plaza Subdivision, with a deviation from Section 18.50.060. of the Bozeman Municipal Code, to allow the parking lot to encroach 3 feet into the required 15- foot corner side yard, be approved subject to the following conditions: 1. This project is located within a Class II entryway corridor. As such, it shall conform to the "Design Objectives Plan," as adopted by the City Commission on March 9, 1992. Entryway corridors should exhibit enhanced landscaping, screening of parking, and preservation of surrounding character and views. 2. Applicant shall incorporate usable outdoor spaces for employee and customer use in the form of seating areas near the front entrance to the building. These spaces might be accessed from side entries into the building to the north or south. 3. Bicycle racks shall be installed in safe areas for employee and customer use. 4. The final site plan submittal shall include a color rendering and a materials and color palette to confirm the overall building scheme, as proposed, in order to verify compatibility of the architectural treatments of the building with the entryway corridor requirements. 5. The applicant has achieved twenty-three (23) Landscape Performance Points, as outlined in Section 18.49.070.A.1. of the Bozeman Municipal Code. However, the applicant shall submit a revised landscape plan during final site plan review that addresses the lack of parking lot screening with medium height plant material, as outlined on Exhibit A, "Landscaping Worksheet." 6. All areas intended for permanent parking and ingress/egress shall be paved with concrete or asphalt and be marked with painted lines. 7. Curbing within parking lot shall be 6-inch concrete curbing, adjacent to planting beds and pedestrian areas. 8. Automatic drip irrigation should be applied to all trees and shrubs to conserve water; automatic spray irrigation should be applied to all sod areas. 9. The exterior elevations shall graphically depict the location of all existing and proposed rooftop mounted mechanical equipment to confirm that said mechanical equipment is properly screened from the entryway corridors and adjoining properties. Any proposed screening devices shall indicate type of material, color, and method of installation. 10. A Certificate of Appropriateness shall be issued to applicant at which time a final site plan has been approved by the Planning Director. The Certificate of Appropriateness is valid for one year from date of issuance. 11. That the owner shall enter into an "Improvements Agreement" with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. In addition, if improvements have not been completed at applicant's request for occupancy, the applicant shall submit a Letter of Credit. Detailed cost estimates, construction plans and methods of security shall be made a part of that 02-24-03 ...-......--- - 13 - agreement. Improvements (Le., landscaping and irrigation) must be installed within nine months of occupancy. 12. Necessary sign permits shall be obtained, as required, by the Bozeman Municipal Code through Vicki Hasler, Code Enforcement Officer at the Department of Planning and Community Development, 20 East Olive Street, prior to the installation of any new signage. 13. The applicant must submit seven (7) copies of a final site plan within six months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. 14. Landscape plans shall be prepared by a qualified person such as a registered Montana landscape architect; an individual with a degree in landscape architecture and two years of professional design experience; or an individual with a degree in a related field (such as horticulture, botany, plant science, etc.) and at least five years of professional design experience per Section 18.49.040.C.3. 15. All canopy trees shall be planted at least four feet from paved surfaces and parking areas per Section 18.49.060 of the Bozeman Municipal Code. 16. According to Section 18.50.035.A., Bozeman Municipal Code, lighting plan shall incorporate deflection of light downward and away from existing properties. All existing and proposed light fixtures and lamps must be designed within the code requirements. 17. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040. of the Bozeman Municipal Code. 18. The applicant shall provide adequate documentation on the final site plan that the depth of the retention pond shown on the site plan is not impacting the location of proposed utility lines. 19. All existing and proposed infrastructure shall be illustrated on the final Landscape, Site and Grading plans. 20. The sizing of the water service line shall be based on number of fixtures in the building and sized accordingly. All points of connection shall be shown on final site plan. 21. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 22. A Stormwater DrainagelT reatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. 23. Professional Drive from the northern boundary of this property to the southern boundary shall be improved to match the existing road width, including curb and gutter on both sides of the road. No building permits will be issued prior to construction and acceptance of the required improvements. 24. In lieu of a detailed pavement design, the new pavement section shall match the existing pavement section. 02-24-03 ----....- -..-- -------------- ------ - 14 - 25. The applicant may have a driveway access off West Dickerson Street to provide a turn-around for emergency vehicle access, and shall provide 20-foot minimum pavement width on Dickerson Street from the driveway to Professional Drive. A City of Bozeman encroachment permit shall be required for the driveway. 26. Plans and specifications for public streets (including curb, gutter and sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre- construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements. 27. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service line or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 28. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 29. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed." 30. The drive approach shall be constructed in accordance with the City's standard approach (Le., concrete apron, sidewalk section and drop curb) and shown as such on the final site plan. 31. Typical curb details (Le., raised and/or drop curbs) and typical asphalt paving section details shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 32. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (Le., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 33. All existing utility and other easements must be shown on the final site plan. 34. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 35. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 36. A boulevard planting detail shall be provided and must comply with the Engineering Department standards. Root barrier material should be used. No plantings shall be allowed in the typical sidewalk location. 37. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for Street improvements to Dickerson Street including paving, curb/gutter, sidewalk, and storm drainage. 02-24-03 ------------- ..--. - 15 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Public hearina ~ variance from Section 18.50.060.D.. Bozeman MuniciDal Code. to reduce watercourse setback from 50 feet to 35 feet alona Block J. Ferguson Meadows Subdivision ~ John DunlaD. Quest West. LLC (Broadwater Court) (C~03001) This was the time and place set for the public hearing on the variance from Section 18.50.060.0. of the Bozeman Municipal Code, requested by John Dunlap, Quest West, LLC, under Application No. C-03001, to reduce the watercourse setback along Block J, Ferguson Meadows Subdivision, from 50 feet to 35 feet. The subject property is located along the east side of Ferguson Avenue between West Babcock Street and Broadwater Street. Mayor Kirchhoff opened the public hearing. Planning Director Andy Epple presented the staff report. He noted that this block is the last block of Ferguson Meadows Subdivision to be developed, and the Commission will be considering an application for a subdivision for condominium/townhouse development within the next few weeks. He indicated that a culvert under Ferguson Avenue and West Babcock Street discharges water into the stream/ditch feature that runs just inside the right-of-way along the east side of Ferguson Avenue adjacent to this subdivision. Under the zone code, as amended late last year, a 50-foot setback from that stream/ditch is required; however, the remainder of Ferguson Meadows Subdivision was developed under the prior code requirement for a 35-foot setback. He reminded the Commission that a variance was previously approved to allow the construction of a fence along Ferguson Avenue which encroaches into the 35-foot streambank setback to screen the back yards from the street. The applicant has indicated he does not intend to continue that fence along this development, but to leave it more open. Planning Director Epple stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court, and staff's comprehensive findings are contained in the written staff report. He briefly reviewed those findings and forwarded staff's conclusion that this application meets those criteria and a recommendation for approval. Responding to Mayor Kirchhoff, the Planning Director stated that some concerns have been expressed by the homeowners' association about maintenance of the boulevard area and the detention areas. He noted that the developer installed the trees and the improvements. The homeowners' association was to accept responsibility for ongoing maintenance of those areas; however, no provisions were made for doing so. He assured the Commission that these same issues will not arise in conjunction with development of this last block in the subdivision. Mr. John Dunlap, applicant, stated that he will offer to install the necessary irrigation system and sod in lieu of a fence for the project to be constructed on this block, providing a more open appearance. He then voiced his concurrence with the staff report and expressed a willingness to respond to questions. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Each of the Commissioners, in turn, voiced concurrence with the staff findings. They recognized the uniqueness of the situation, particularly since this is the last portion of the subdivision to be developed and the remainder was completed under the previous code requirements. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the variance from Section 18.50.060.0. of the Bozeman Municipal Code, requested by John Dunlap, Quest West, LLC, under Application No. C-03001 , to reduce the watercourse setback along Block J, Ferguson Meadows Subdivision, from 50 feet to 35 feet be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. 02-24-03 . ..-.......-.--....-. - 16- Discussion - FYI Items (continued) (9) City Manager Johnson announced that he will be in Helena tomorrow to testify on the impact fee legislation before the Senate Local Government Committee. He indicated that he has numbers on what has happened in Bozeman for the past ten years and graphs which reflect that one cannot tell when impact fees were implemented. Three of the Commissioners indicated they plan to attend the hearing; the Clerk stated she would post the required notice. (10) The City Manager stated he has received a bid packet for the National Guard Armory, which requires that a $1,000 down payment be made by March 3 for anyone who plans to bid at the auction on March 15. He noted the minimum bid is $815,000, with the successful bidder having thirty days to send a check for the purchase. After a brief discussion, the Commissioners determined the City should not participate in the bidding process. (11) Planning Director Epple submitted the following. (1) Distributed copies of the 2002 Annual Report, noting that state law requires this type of report be provided. (2) Stated that he talked to the Community Mediation Center about facilitating a meeting regarding Burke Park, and they declined because of the size of the project. He then indicated that he will seek another facilitator because he feels it is important to have a third party run the meeting. (3) Stated he has been in meetings regarding Baxter Meadows Subdivision, noting that project is now proceeding. (12) Director of Public Service Debbie Arkell submitted the following. (1) Distributed a new snow removal brochure. (2) Stated that she intends to process the street cut for Mr. Lewendal's project under the new street cut ordinance that has not yet been adopted. Adjournment - 9:30 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. A~~ STE"1EN R. KIR . FF, Mayor ATTEST: (l~cx! ~ ROBIN L. SULLIVAN Clerk of the Commission 02-24-03