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HomeMy WebLinkAbout2002-12-02 Minutes, City Commission . .__ .___u. .._ __._._._...__.. ___.._ _.. .__ _._.__._______..._ . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 2, 2002 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, December 2,2002, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, City Manager Clark Johnson, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. Commissioner Andrew Cetraro was absent. 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. Authorize absence of Commissioner Cetraro from this meeting It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission authorize the absence of Commissioner Cetraro from this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Minutes - Januarv 18. 2000. and October 2. November 12. November 22 and November 25.2002 It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the minutes of the meeting of November 12,2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and October 2, November 22 and November 25, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the fOllowing Consent Items. Authorize City Manaaer to sian - Consultant Aareement with Craig R. Barnes for installation and implementation of the HTE buildina permit software proaram and provide services related to the AS/400 computer system - November 4 to December 31. 2002 Claims It was moved by Commissioner Brown, seconded by Commissioner Youngman, 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 Brown. Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. \ 12-02-2002 - 2 - Executive session re litiaation strateav At 7:05 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, Attorney Barry O'Connell, Municipal Judge Patricia Kyle Carlson and the Clerk leave the room. At 7:30 p.m., Mayor Kirchhoff closed the executive session and reconvened the open meeting. Public hearina - Conditional Use Permit for amendments to auidelines for StoneRidae Planned Unit Development for future development in StoneRidae Subdivision Nos. 1 and 2. Phases 2A and 2B. and Lots 1 and 2. COS No. 2089 (Phase 3) - Springer Group for Cape-France Enterprises. Inc. (Z-02077 A) This was the time and place set for the public hearing on the Conditional Use Permit requested by Springer Group for Cape-France Enterprises, Inc., under Application No. Z-02077A, for amendments to the guidelines for the StoneRidge Planned Unit Development for future development in StoneRidge Subdivision Nos. 1 and 2, Phases 2A and 2B, and Lots 1 and 2, COS No. 2089 (Phase 3). The sUbject development is generally located along the west side of North 19th Avenue between Durston Road and Baxter Lane, with a small portion located at the southeast corner of the intersection of North 19th Avenue and Baxter Lane. Mayor Kirchhoff opened the public hearing. Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline, dated November 26, forwarding the applicant's request that this public hearing be continued to December 9 to allow additional time for Development Review Committee review. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the public hearing be continued to December 9, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public hearina - Conditional Use Permit - Ellerbe-Becket Construction Services for Bozeman Deaconess Health Services - allow construction of fourth and fifth floors on previouslv approved Medical Office Buildina No. IV and new parkina area H on property described as COS No. M-116 (915 Hiahland Boulevard) (Z-02227) This was the time and place set for the public hearing on the Conditional Use Permit requested by Ellerbe-Becket Construction Services for Bozeman Deaconess Health Services under Application No. Z -02227, to allow construction of the fourth and fifth floors on the previously approved Medical Office Building No. IV and construction of a new Parking Lot H on property described as Certificate of Survey No. M-116. The subject property is located at 915 Highland Boulevard. Mayor Kirchhoff opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She reminded the Commissioners that, at the August 26 meeting, they approved a Conditional Use Permit to allow the construction of Medical Office Building No. IV (MOB 4) with a three-story section and a two-story section; and this application is to allow the shell of the fourth and fifth floors to be added to the three-story section. She indicated that, when MOB 4 was originally considered, the height limitations under the zone code would not allow the fourth and fifth floors; however, the Commission has recently enacted revisions that allow the height of the proposed five-story structure, which is slightly over 74 feet, through the conditional use process. The Assistant Planner stated that staff has reviewed this application in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. She noted that the 12-02-2002 - 3 - Development Review Committee also reviewed this application, and the issues and concerns identified during that review are also reflected in the staff report. She then briefly highlighted those findings and forwarded staff's recommendation for approval, subject to twenty conditions. She indicated that the fourth and fifth floors are not to be finished until the first three floors are filled; and under the recommended conditions of approval, the construction of Parking Lot H is to be deferred until those two floors are being prepared for occupancy. Mr. David Hollinger, Ellerbe-Becket, stated his concurrence with the staff report and indicated that the conditions, as recommended by the Planning staff, are reasonable and acceptable. He then expressed his willingness to respond to questions. Mayor Kirchhoff noted that the last time this proposal was before the Commission, the Friends of Burke Park expressed concern about the trail use and viewshed and asked for cooperative efforts to preserve the area west of the structure to maximize the park space in anticipation of increased use. He asked if any communication on that issue has occurred to date. Mr. Hollinger responded that this project is a substantial distance from the park and will not visually impact it. He then stated his firm is not involved with any of the land closer to the park, but that a couple representatives from the hospital are present at this meeting. Commissioner Hietala stated this seems to be the opportune time to work with the Recreation and Parks Advisory Board and other interested parties to implement a master plan for Burke Park. Mr. John Nordwick, Chief Executive Officer of the Bozeman Deaconess Hospital, stated that theywill be looking at this issue in the future but had not considered it as part of this project. As a result, he indicated that he cannot respond at this time. Ms. Pamela Newhaller stated she has been a resident of Bozeman for 22 years but does not currently reside inside city limits. She voiced concern about the precedent that could be set by allowing another couple stories on the new building, and that it could potentially lead to even taller buildings on the hill. She noted that she is a user of Burke Park and Peet's Hill, and she would like to see the park extended. She concluded by stressing the importance of limiting building heights and paying attention to beauty and the environment and asked the Commission to not allow the additional stories. Ms. Mary Vant Hull, 416 East Story Street, reminded the Commission that she had previously submitted a petition containing over 1,000 signatures from people urging the Commission and the Bozeman Deaconess Health Services to negotiate an agreement that could lead to an increase in size for the park and some additional protections in exchange for some bonuses or variances that allow for more economic use of the land. She then noted that the City has done a lot for Bozeman Deaconess Health Services at various times, including the rerouting of Highland Boulevard in the 1980s to accommodate the hospital and the recent zone code amendments to accommodate the additional height. She concluded by encouraging Bozeman Deaconess to start talking about improvements to Burke Park if it hasn't already done so, noting it will result in something that is mutually beneficial. Ms. Vicky Whitney stated she resides outside city limits but visits the Burke Park area four or five times a week. She noted that use of the park has grown tremendously, and she feels it is time to seriously look at some concessions that protect the area and preserve it for the community and its citizens. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Youngman stated she is supportive of this application, although she is a little disheartened that the comments forwarded during the informal review and possibly other recent discussions concerning a cooperative effort regarding Burke Park have not been acted upon to date. She acknowledged that this building sits far enough away from the park that it does not visually impact it. She feels, however, that steps should be taken to ensure that the park issues are addressed, and suggested that a condition be added which requires dialogue to begin prior to completion and occupancy of the fourth and fifth floors. Mayor Kirchhoff voiced his support for that proposal, noting it is important that steps be taken to ensure that the interests of the community are addressed as well as the interests of the applicant. He noted that, 12-02-2002 - - --------------------- --------- - 4 - without the recent revisions to the zone code, this application could not be considered. He stated that allowing the additional height results in decreasing the amount of land required for the building envelope and helps to implement some smart growth ideas. He stated that he was excited to see structured parking in one of the earlier drawings because it helps reduce the amount of surface parking area, and he was dismayed to find that the structure was not included in the final submittals for MOB 4. He then indicated he feels that master planning for Burke Park and identifying how the Bozeman Deaconess Health Services fits into that process are important and are necessary to ensure that community interests are addressed. He concluded by voicing his interest in adding a condition to require a parking structure as part of the project. Commissioner Hietala stated he's impressed by the amazing growth of the hospital, characterizing it as an incredible asset to the community. He recognized that Burke Park is a great aesthetic asset and preserves the viewshed to the west, and noted that it can provide good therapy for both patients and employees of the hospital. Because the park is such an asset to both the hospital and the community, he feels Bozeman Deaconess Health Services should become actively involved in a partnership to master plan the park. Commissioner Brown spoke in favor of the application, noting that the hospital is operated professionally and with the idea of providing affordable health care to the community. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Conditional Use Permit requested by Ellerbe-Becket Construction Services for Bozeman Deaconess Health Services under Application No. Z-02227, to allow construction of the fourth and fifth floors on the previously-approved Medical Office Building No. IV and construction of a new Parking Lot H on property described as Certificate of Survey No. M-116, be approved subject to the following conditions: 1. The fourth and fifth floors shall be sprinklered. These sprinklers will have to be operational, tested, and accepted by the appropriate City departments prior to occupancy of any of the floors of MOB 4. The fourth and fifth floors cannot sit vacant or be used for storage without a fully operational fire suppression system. 2. Parking Lot H shall be constructed prior to any tenant fit-out (improvements) of the fourth and fifth floors. Applicant shall separately submit a final site plan for Parking Lot H that details the grading and drainage and any other engineering issues outlined within the recommended engineering conditions, site layout, parking space configuration and calculation including disabled spaces in nearby Parking Lot D, and landscaping. Applicant shall be made aware that a 30-day time frame shall be given to the appropriate City departments for their review of the final site plan for Parking Lot H prior to any request for tenant fit-out (improvements) or anv occupancv of the fourth and fifth floors. 3. The proposed disabled parking spaces for Parking Lot H will not be allowed as shown on the preliminary plans. Per code requirements, travel from a disabled parking space shall not cross a drive-aisle lane. Therefore, handicapped parking spaces located in proposed Parking Lot H shall be relocated to Parking Lot D. 4. All plans (site, landscaping and paving/drainage) shall show proposed and existing water and sewer lines, including services to the buildings, utility lines, etc. 5. Any lighting, including that for security purposes, used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. Final site plan shall show the location for, and a detail of, any proposed wall mounted and/or signage lighting. Lighting standards used to illuminate off-street parking areas shall not exceed twenty feet or the height of the tallest building on the lot, whichever is lower. 12-02-2002 - 5 - 6. In association with any required parking improvements, a Stormwater Drainage/ Treatment Grading 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 prior to construction of the required improvements for Parking Lot H. The overall plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention basin details (including basin sizing and discharge calculations, pond typical sections, and inlet and discharge structure details), ultimate stormwater discharge destination, and a stormwater maintenance plan. 7. At the time of required Parking Lot H improvements associated with fit-out (tenant improvements) of Medical Office Building IV fourth and/or fifth floors, Old Highland Boulevard from the south end of Parking Lot E to the intersection with the Hillcrest Development entrance shall be improved to a City of Bozeman local street standard. Roadway improvements will include 11-foot wide drive lanes, no parking lanes, and curb and gutter on both sides for a total width of 26 feet (back-of-curb to back-of-curb). No occupancy permits, including temporary occupancy permits, for the fourth and fifth floors shall be issued prior to substantial completion and City of Bozeman acceptance ofthe street infrastructure improvements. Financial guarantee of said improvements will not be permitted. 8. Within a three-year time period from the date of City Commission approval or in association with the future cancer center construction, whichever comes first, Old Highland Boulevard shall be constructed to a City of Bozeman local street standard between the north and south end of Parking Lot E. Roadway improvements will include 11-foot wide drive lanes, no parking lanes, and curb and gutter on both sides for a total width of 26 feet (back-of-curb to back-of-curb). 9. A marked pavement crossing (type "B"), and pedestrian crossing signs shall be provided to facilitate pedestrian movements between proposed Parking Lot H and the hospital complex. 10. Permanent irrigation systems shall be provided to all landscaped areas. Details and specifications shall be noted on final landscape plans. 11. All landscape plans shall meet the requirements of the Landscape Performance Standards. Twenty-three landscaping points are required forthis project and need to be shown on the final landscaping plans. Applicant is encouraged to utilize berming to offer additional screening and variety in landscaping. 12. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 13. All ofthe special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the conditional use. 14. The applicant must submit seven (7) copies of a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. 15. The applicant 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. If occupancy of the structure is to occur prior to the installation of all required on-site 12-02-2002 --..---..-----.-...---- --------- ---------- -- -- --- .---------- _.._.. _ .._ ......_....__unm__._.___.. ..--.--..-...- - 6 - improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. 16. The final improvement drawing shall be adequately dimensioned. A legend of all pertinent line types used shall also be provided. 17. All existing utility and other easements must be shown on the final site plan. 18. Existing sewer and water mains and services shall be clearly identified as existing. All adjacent fire hydrants shall be clearly depicted. 19. Plans and specifications for public street improvements to Old Highland Boulevard, including curb and gutter, sidewalk, and related storm drainage infrastructure improvements, prepared bya professional engineer registered in the State of Montana shall be provided to and approved by the City Engineer's Office. The applicant shall also provide professional engineering services for construction inspection, post- construction certification, and preparation of mylar record drawings. 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. 20. Concrete curbing shall be provided around the entire new parking lot perimeters and adequately identified on the plans. In addition, the appropriate concrete curb and gutter details (standard, inverted, drop, etc.) and typical asphalt paving section detail shall be provided to and approved by the Engineering Department. Commissioner Youngman asked once again that the Commission consider adding another condition to address her concerns that no discussions have occurred to date regarding Burke Park. She acknowledged Mayor Kirchhoff's comments regarding a parking structure, but stated she feels the Commission let the hospital off the hook on that issue during the informal review of this application. She then forwarded the following as a possible additional condition to ensure that the Burke Park issue is addressed: "Before tenant fit-out of the fourth and fifth floors, the hospital shall initiate and participate in dialogue with the Friends of Burke Park, the Recreation and Parks Advisory Board, the City Planning Board and Planning staff re mitigating impacts of continuing hospital land development on Burke Park through master planning and partnership efforts. " City Manager Johnson asked the Commission to identify the expected outcome of that condition. Commissioner comments in response suggested that the expected outcome could include written recommendations; a joint planning of how people can use resources, including both public and private lands, brainpower and capital; and a possible trail network. Assistant Planner Caroline noted that some of the conditions recommended by staff refer to "tenant fit-out ofthe fourth and fifth floors" and suggested that could serve as a trigger point for this condition as well. Break - 8:10 to 8:20 p.m. Mayor Kirchhoff declared a break from 8:10 p.m. to 8:20 p.m., to allow Commissioners an opportunity to revise the proposed additional condition. 12-02-2002 _n...__.__..._.__..._._.._ - 7 - Public hearing (continued) - Conditional Use Permit - Ellerbe-Becket Construction Services for Bozeman Deaconess Health Services - allow construction of fourth and fifth floors on Dreviouslv aDDroved Medical Office Buildina No. IV and new Darkina area H on DroDertv described as COS No. M-116 (915 Hiahland Boulevard) (Z-02227) Commissioner Youngman forwarded the following revised language for a new condition: "Before tenant fit-out of the fourth and fifth floors, the hospital will partner with the Friends of Burke Park and the City of Bozeman, including Planning staff, the City Planning Board and the Recreation and Parks Advisory Board, to coordinate master planning for the protection and enhancement of Burke Park and future development of hospital land, including coordinated expenditure of capital and human resources. Said coordinated efforts shall be implemented prior to development of any subsequent phase of hospital property." Planning Director Epple suggested the second sentence be revised to read: "Said coordinated planning efforts, including implementation strategies, shall be subject to review and approval by the City Commission prior to the next phase of development of the hospital property." He noted this revision is more reflective of planning language and puts the condition in the same context as a neighborhood plan. Commissioner Brown noted that it could be interpreted from the discussion that the hospital has not been cooperative in developing parklands. In reality, in the 1980s, the hospital made right-of-way available for the new Highland Boulevard, dedicated land for cross-country skiing activities, and dedicated land behind Hillcrest for the trail. Responding to Mayor Kirchhoff, Mr. John Nordwick stated a willingness to accept the additional condition. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the main motion be amended to add the following condition: 21. Before any tenant fit-out of the fourth and fifth floors, the Bozeman Deaconess Health Services will partner with the Friends of Burke Park and the City of Bozeman, including the Planning staff, City Planning Board and the Recreation and Parks Advisory Board, to coordinate master planning for the protection and enhancement of Burke Park and future development of Bozeman Deaconess Health Services land, including coordinated expenditure of capital and human resources. Said coordinated planning efforts, including implementation strategies, shall be subject to review and approval by the City Commission prior to development of any subsequent phase of the Bozeman Deaconess Health Services property. Theamendmentcarried by the following Aye and Novate: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. The main motion, to approve the Conditional Use Permit, subject to the conditions as amended by the previous vote, then carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Public hearina - Zone MaD Amendment - from "R-4" to "R-3-A" on 3.38 acres lying along the south side of West Olive Street. between the north/south allev between South 7th Avenue and South 8th Avenue and South 11th Avenue. and aenerallv extendina southward from West Olive Street to mid- block between West Olive Street and West Curtiss Street - Rosemarv Burton for "Neiahbors south of Olive" (to redefine the boundary between the zonina districts as the centerline of West Olive Street) (Z-02219) This was the time and place set for the public hearing on the Zone Map Amendment from "R-4," Residential-High-density, to "R-3-A," Residential- Two-household, Medium-density, as requested by Rosemary Burton for "Neighbors south of Olive" under Application No. Z-02219, on 3.38 acres lying along the south side of West Olive Street, between the north/south alley between South 7th Avenue and South 8th Avenue and South 11th Avenue, and generally extending southward from West Olive Street to mid-block 12-02-2002 ------------ - 8- between West Olive Street and West Curtiss Street. The purpose of the amendment is to redefine the boundary between the zoning districts as the centerline of West Olive Street. Mayor Kirchhoff opened the public hearing. Assistant Planner Jami Morris presented the staff report. She stated that under the requested rezoning, up to two households would be allowed rather than the fifteen units per acre allowed under the current zoning designation. She indicated that the land use inventory reveals there are four known duplexes in the subject area, with the remainder of the lots containing single-family residences. She provided a history of the zoning designations on the subject properties, as follows. The original zoning designations, in place from 1941 to 1958, were "A," "B" and "C" designations; and this entire area was zoned "B", which allowed up to five units at 900 square feet each. In 1958, the area to the south was rezoned to "A", which was more restrictive and required units to be a minimum of 1 ,000 square feet; and the area to the north remained "B." In the 1970s, the zoning designations were restructured, and what was previously zoned "B" was zoned "R-4" and what was previously zoned "A" was zoned "R-3." In 1990, the portion of this area that was zoned "R-3" was rezoned to "R-3-A." Assistant Planner Morris stated that staff has reviewed this application under the twelve criteria contained in the zone code, and staff's comprehensive findings are contained in the written staff report. She indicated that the Zoning Commission considered this application at its meeting on November 19 and, after reviewing the findings contained in the staff report and the public comment received, forwarded a recommendation of denial. She concluded by stating that, since protests have been received from owners of 40 percent of the property within the proposed rezoning, a super-majority vote is required for approval. Responding to Commissioner Brown, Planning Director Epple stated that plans for construction of a tri-plex on the property that contains the condemned home have already been approved; and that project will not be affected by these proceedings as long as the building permit is issued prior to the effective date of the zone change. Ms. Rosemary Burton, 214 South 9th Avenue, stated that this proposal started when the lady who lived next door had a stroke and was removed from her residence. The neighbors took care of the property for a couple years, until developers purchased it and then proposed construction of a four-plex. She stated research revealed that in 1958, when the northern portion of the area was rezoned to "R-4," the boundary line was haphazardly drawn and, in some instances, bisects homes. She stressed that when this rezoning occurred, the subject area was already mostly developed in an "R-3-A" manner. She voiced concern that the fabric of this neighborhood may deteriorate under the existing "R-4" zoning, particularly if existing homes are razed and multi-unit buildings are constructed in their places. Ms. Burton stressed that the requested rezoning involves less than two blocks of fully developed properties in the inner city. She noted that, while the subject properties are single-family or duplex properties, the larger surrounding area contains a wide variety of housing types, ranging from single-family to apartment complexes, and include a mixture of owner-occupied and rental units. She stated that moving the boundary between the "R-4" zoning and the "R-3-A" rezoning to the centerline ofthe street makes sense, and noted that an "R-4" zoning buffer will remain between the commercial properties along West Main Street and the neighborhoods to the south. Ms. Burton noted that the requested rezoning will not decrease the density in the inner city. Many of the lots within the proposed rezoning are under 6,500 square feet and contain small houses. If the area is rezoned to "R-3-A," some of the existing homes could be converted to duplexes, which is not allowed under the current "R-4" zoning. She concluded by voicing concern that allowing the area to remain zoned as "R-4" could result in the deterioration that has occurred along Michael Grove Avenue. Ms. Sara Codd, 208 South 1 Oth Avenue, spoke in favor of the requested rezoning, noting it is a lovely area in which to live and one of the few areas where the small family homes are affordable and within walking distance of both downtown and the university campus. She recognized that if the zoning remains "R-4," the area may remain as charming and inviting as it is now; however, the potential remains that as homes deteriorate or are destroyed by fire, the properties could be redeveloped with multiple units. She asked that the Commission consider the eighteen residents involved as well as those in the surrounding area. 12-02-2002 - 9- Mr. Michael Videon, 213 South 9th Avenue, stated the boundary between the zoning districts goes through his property. He spoke in support of the proposed rezoning, noting it is consistent with the manner in which it has developed. He stressed that, in the 44 years since the boundaries were redrawn, not one single IR-4" type structure has been erected. He voiced concern about the potential for deterioration of the neighborhood if the zoning is not changed, noting that the character of the area a half block north of West Olive Street is significantly different from the subject area; and the defacto line between the two types of development is West Olive Street. He concluded by urging approval of this application. Mr. Jack Robbins, 206 South 8th Avenue, voiced his concurrence with many of the comments from the previous speakers. He noted that this rezoning meets the objective of preserving the character of older neighborhoods and moves the line between zoning districts to a logical place. He indicated that the loss of IR-4" zoned properties is insignificant, since it involves a total of less than two square blocks. Mrs. Shelly Videon, 213 South 9th Avenue, stated the current zone boundary runs through the middle of her living room. She voiced her support for the proposed rezoning and indicated her concurrence with the comments of the previous speakers. She stated that the IR-4" zoned property to the north is significantly different; many of the properties are rentals, with high resident turn-over, parking problems, and properties that are not cared for. She urged the Commissioners to support the efforts of the property owners to maintain the neighborhood in which they have chosen to live. Mr. Joe Hamner, 111 Michael Grove Avenue, distributed copies of a post card he recently received from the post office regarding the inabilityto access his mailbox because of parked vehicles. He stated that, while he lives in an IR-3" zoned area, he is adjacent to an IR_4" zoned area that has been developed with multi- family rental units. The result is vehicles parked across sidewalks and in front ottire hydrants and mailboxes. He noted that the area does not feel like a neighborhood and, in fact, the post card encourages him to call the police to report violators. He noted that one of his friends lives at 218 South 7th Avenue, and walking through this subject area is a privilege since it feels like a neighborhood. He encouraged the Commission to approve the requested rezoning and protect that area. Ms. Helen Ulrich, 220 South 9th Avenue, stated she has lived in her home for over 53 years. She urged approval of the rezoning, noting she wants to keep the neighborhood as it is. Mr. Joe Seymour, 208 South 10th Avenue, spoke in support of the requested rezoning, noting that those who support it live in the area and represent a majority of the properties involved. He noted that all but one of those who oppose it live outside the area and appear to be more interested in potential use of the property than maintaining its current character. He concluded by urging Commission approval of the application. Mr. Allen Pawlick, 214 South 9th Avenue, stated he supports the requested zone change for the reasons mentioned by his neighbors. He stated the proposed zone change affects nineteen properties, nine of which are too small under the current zoning to accommodate more than a single-family residence and six of which are too small to accommodate more than a single-family residence under any zoning designation. He then reviewed the number of additional units that could be provided within the subject area under both the IR-4" and IR-3-A" zoning designations, concluding that the difference would be two units. He stressed that the key issue is the character of the neighborhood and encouraged approval of this application. Mr. David Hellrigel, 201 South 9th Avenue, stated they purchased their home three months ago, knowing it was zoned IIR-4;1I and he is strongly opposed to the requested zone change. He noted that this lot is substantially larger than many ofthe others in the immediate area and, while he has no plans for developing it further, he did purchase it as an investment for his family. He encouraged the Commissioners to consider how long it took to prepare the Bozeman 2020 Community Plan and at what cost. He noted that this area is neither a wetland nor a forested area; rather, it's in the center of a growing community where four percent of the land is zoned IIR-4.11 He voiced concern that approval of this application will set a precedent for deviating from the recently adopted growth plan and asked that the Commission not approve it. Mr. David Matherly, 914 West Olive Street, spoke in support of the requested zone map amendment. He voiced concurrence with the comments from the previous speakers, stating he feels that maintaining the character of the area and the privacy of the residents are important factors. 12-02-2002 _.. ___ _....____ _n....__........__u_..____ -. . .. ----....-----.----.....- ,.- - 10 - Mr. Greg Vanoy, part-owner of 209 South 9th Avenue, stated he will be living at that address when the three-unit condominium project is completed. He spoke in opposition to the requested zone change, stating it goes against two of the chapters in the Bozeman 2020 Community Plan, those on housing and land use. He stated there is not much "R-4" zoned land available for development, particularly not for dense development in the core of the community. He noted that this area uses City services and is located close enough to the core of the community to encourage walking. He concluded by expressing his concerns about the impacts this change could have on the new growth plan as it is just being implemented. Mr. Lance Edwards, part-owner of 209 South 9th Avenue, stated he and his partner purchased the subject property in May with the intention of constructing a four-plex on the site. Due to feedback from the neighbors they scaled the project back to a tri-plex; and working with that feedback and the City's Planning staff has resulted in what he views as a better project. He characterized this as a great neighborhood, and he feels their project will be a good addition to the area. Because this area is within a conservation overlay district, he noted that any development that occurs must comply with stringent review criteria and requirements. He concluded by stating he is opposed to the proposed amendment. Responding to Mayor Kirchhoff, Assistant Planner Morris stated that when reviewing a zoning application, staff does not look at each individual parcel based on ownership, but looks at the entire area. She then acknowledged that, due to a quirk in the zone code, a duplex can be located on a smaller lot in the "R-3-A" district than in the "R-4" zoning district. She then indicated that any exterior modifications to a structure located in the overlay district must go through the Certificate of Appropriateness process and be reviewed against the standards for rehabilitation as identified by the Department of the Interior. Ms. Rosemary Burton stated that West Olive Street provides a natural delineation between two significantly different types of development. She acknowledged that the review process worked in determining how the property at 209 South 9th Avenue will be developed because of the time and effort that people committed to the process; however, she noted that ifthe neighbors don't speak up, it might not work in another instance. She then indicated that the information provided during testimony was derived from reviewing the City's plat books and calculating the square footages based on the measurements available. She concluded by once again encouraging Commission approval. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Mayor Kirchhoff noted this application involves a small area and a neighborhood. He characterized approval of the requested rezoning as an opportunity missed under the Bozeman 2020 Community Plan, particularly since that plan encourages density near core centers. He concluded by voicing his support for the rezoning. Commissioner Youngman recognized how quickly the character of an area can change when existing single-family residences give way to multi-family units and rentals. She noted there is a delicate balance point that allows a neighborhood to have mixed housing without changing its character completely; and those neighborhoods close to the downtown fit in the category where that balance needs to be protected. She then indicated her willingness to support the residents' request for rezoning to help maintain that balance. Commissioner Brown spoke in support of the proposal, noting the requested zoning acknowledges what is currently in place. He noted that in the last year, three houses within two blocks of his home have been sold and are now being remodeled to accommodate rentals. As a result, the character of the neighborhood has changed, with cars parking across the sidewalk, dead cars parked on the street and the properties not being as well maintained. Commissioner Hietala voiced his support for the requested change in zoning, noting it will correct a haphazard boundary between the two zoning districts. He noted that this change will not compromise the inventory of "R-4" zoned property, since it really has not been developed in that manner. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the Zone Map Amendmentfrom "R-4," Residential-High-density, to "R-3-A," Residential- Two-household, Medium-density, as requested by Rosemary Burton for "Neighbors south of Olive" under Application No. Z-02219, on 3.38 acres lying along the south side of West Olive Street, between the north/south alley between South 7th Avenue and 12-02-2002 -------- - 11 - South 8th Avenue and South 11 th Avenue, and generally extending southward from West Olive Street to mid- block between West Olive Street and West Curtiss Street, be approved subject to the following conditions: 1. The applicant shall submit, within ninety (90) days of approval by the City Commission, a 24-inch by 36-inch mylar zone map titled "West Olive Street Zone Map Amendment," an 8~-inch by 11-inch or 8~-inch by 14-inch paper map and a digital copy to the Planning Office containing the metes and bounds legal description, total acreage and adjoining rights-of-way and/or street access easements, as certified by a licensed Montana surveyor and acceptable to the Director of Public Service. 2. The ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description and a map of the area to be rezoned, which will be utilized in the preparation of the ordinance to officially amend the City of Bozeman Zoning Map. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Copy of a proposed resolution stating support for maintaining local control of clean indoor air policies. City Manager Johnson stated that, under the Commission's rules of procedure, it takes the direction of three Commissioners to place this type of item on the agenda. He then voiced his concern about the seventh "Whereas" in the proposed resolution and asked that, if the Commission directs this item to be brought back on next week's agenda, it be with the direction to delete that item. He indicated that any additional revisions should be the result of discussion at next week's meeting, if the Commission chooses to consider this item. A majority of the Commissioners requested that this item be placed on next week's agenda. (2) Updated list, dated November 15, of the planning projects to be considered at upcoming Commission meetings. (3) Notice that the Planning Offices will be closed on Thursday, December 5, for staff training. (4) Minutes from the November 20 meeting of the Bozeman Alcohol Policy Advisory Council. (5) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, December 3, in the Commission Room. (6) Agenda for the Development Review Committee meeting to be held at 1 0:00 a.m. on Tuesday, December 3, at the Professional Building. (7) Agenda for the City Planning Board meeting to be held at 7:00 p.m. and the Zoning Commission meeting to be held at 7:30 p.m. on Tuesday, December 3, in the Commission Room. (8) City Manager Johnson stated that mediation with the Bozeman Firefighters Association was unsuccessful; and they are now requesting fact finding. (9) Planning Director Andy Epple submitted the following. (1) Distributed copies of his weekly update. (2) Stated that Apogee Architects has requested they be given thirty minutes to present the Town and Country Warehouse Grocers proposal, rather than the typical ten minutes; Mayor Kirchhoff responded that the ten-minute limit will remain in place. 12-02-2002 - 12 - (10) Commissioner Hietala submitted the following. (1) Announced that he will be attending the National League of Cities Congress of Cities in Salt Lake City for the remainder of the week and, as a result, will miss the telecommunications meeting on Wednesday morning. (2) Stated he has done a quick review of the BAE study and is concerned that the information on the last table does not appear to coincide with the results of the MSU survey. Commissioner Youngman encouraged him to discuss the matter with Caren Roberty at HRDC, suggesting that the data may actually not be in conflict. (11 ) Commissioner Youngman stated she received a telephone call from someone on Sourdough Road about a proposal from NorthWestern Energy to triple the size of the substation in that area, which is in violation of a commitment by Montana Power Company to not expand that substation. Planning Director Epple stated his office received notice from the County Planning Office regarding that proposal, and indicated that staff is reviewing the proposal. He then asked for any available background information on the issue or an indication of where to begin doing research. (12) Mayor Kirchhoff submitted the following. (1) Gave a letter he had received from Capital Associates to the City Manager, noting it is a proposal to lobby legislators in Washington for infrastructure dollars. (2) Stated that a HOME application workshop is being held in Great Falls on January 7 and 8; Commissioner Youngman indicated she will pass that information along to the Community Affordable Housing Advisory Board at its meeting on Wednesday morning. (13) Responding to Mayor Kirchhoff, Planning Director Epple stated that the 120 affordable housing units proposed in Bridger Peaks Court are market rate affordable, not program units. He then noted that this housing project is being proposed on the area previously planned for Phase II of the Bridger Peaks Town Center commercial development. (14) Commissioner Youngman stated the first planning meeting for the meeting with legislators on December 12 was held last week and another meeting is scheduled for tomorrow morning. She indicated that the Chamber of Commerce, Gallatin County, United Way and Montana State University will co-sponsor the event with the City of Bozeman. (15) Mayor Kirchhoff invited either Commissioner Youngman or Commissioner Brown to attend the telecommunications meeting on Wednesday morning; Commissioner Brown indicated he might attend. Adjournment - 9:57 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. A--r~ STEVEN R. KIR HOFF, May r ATTEST: ~L~~ Clerk of the Commission 12-02-2002