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HomeMy WebLinkAbout2000-05-15 Minutes, City Commission n___.__.___ ---- .------- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 15, 2000 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room. Municipal Building, on Monday, May 15, 2000, at 7:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission 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. August 16 and September 7. 1999. January 18. January 24. January 31. February 7. February 14. May 1. May 2 and May 8. 2000 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meeting of May 2, 2000, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of August 16 and September 7, 1999, January 18, January 24, January 31, February 7, February 14, May 1 and . May 8, 2000 to a later date. Ordinance No. 1515 - changing the street name from" Arianna Way" to "Stadium Drive" and from "Stadium Drive" to "Arianna Way" within the Stadium Center Subdivision Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1515, as approved by the City Attorney, entitled: ORDINANCE NO. 1515 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CHANGING THE STREET NAME FROM "ARIANNA WAY" TO "STADIUM DRIVE" AND FROM "STADIUM DRIVE" TO "ARIANNA WAY" WITHIN THE STADIUM CENTER SUBDIVISION IN THE CITY OF BOZEMAN, MONT ANA. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1515, providing for changing the street names on portions of "Arianna Way" and "Stadium Drive", be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. . Ordinance No. 1516 - amendina the zone maD by rezonina all areas within city limits currently zoned "AS" to "R-S" and amending the zone code to reduce reauired front and side yard setbacks in residential zones Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1516, as approved by the City Attorney, entitled: 05-15-2000 - 2 - ORDINANCE NO. 1516 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1513, WHICH ORDINANCE IS NOT CURRE~TLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND FURTHER AMENDED BY ORDINANCE NO. 1514, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING THE SETBACK . REQUIREMENTS IN ALL RESIDENTIAL ZONING DISTRICTS AND BY ELIMINATING THE "AGRICULTURAL SUBURBAN" ZONING DISTRICT, BY ADOPTING BY REFERENCE THE CHANGES DENOTED IN "CITY OF BOZEMAN ZONING ORDINANCE, AS AMENDED BY ORDINANCE 1516", ATTACHED HERETO AND INCORPORATED BY REFERENCE AS THOUGH FULLY SET FORTH HEREIN AND BY AMENDING THE OFFICIAL ZONING MAP TO CHANGE ALL CURRENTL Y ZONED "AGRICUL TURAL SUBURBAN" PROPERTIES TO "RESIDENTIAL SUBURBAN". Associate Planner Saunders noted that at the meeting two weeks ago, concern was raised about the effect this proposed rezoning would have on development. He indicated that, under the zoning ordinance, development on "R-S" zoned property is subject to the planned unit development process. Mr. Dana Roberts, 1511 Bohart Lane, expressed concern about the impact this proposed rezoning might have on his ability to have a greenhouse or nursery on his property at some time in the future. He asked that the zone code could be amended to allow for that. Associate Planner Saunders reviewed the options, which include not proceeding with an amendment, immediately directing staff to bring back a text amendment to allow nurseries and greenhouses in the "R-S" district, or directing staff to include this amendment in the list of comprehensive zoning amendments to be processed after adoption of the 2020 growth plan. . Responding to Commissioner Kirchhoff, the Associate Planner stated that the densities under the proposed "R-S" zoning actually increase, since the densities are one dwelling per twenty acres in the "AS" zone and one dwelling unit per acre in the "R-S" zone, with the potential of clustering those units on one portion of the property under the planned unit development process. Ms. Amy Rue, 1511 Bohart Lane, questioned what this proposed rezoning would do to her ability to have chickens at her home. Associate Planner Saunders responded that, under the "R-S" zone, certain agricultural uses are allowed, including up to 36 chickens on 2 % acres or more, and an opportunity to do agricultural activities through a conditional use permit on less than 2 % acres. He stressed that this provision is the same as currently exists. . Commissioner Smiley voiced her desire to have a zone code amendment to allow nurseries and greenhouses in the "R-S" district processed as quickly as possible, to ensure it does not get lost in the comprehensive revision process. Mayor Youngman indicated her preference for including it in the list of comprehensive amendments, expressing concern about the lack of efficiency and the costs of processing individual amendments. Commissioners Brown, Frost and Kirchhoff stated their concurrence . with those comments. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No. 1516, amending the zone map by rezoning all areas within city limits currently zoned "AS" to "R-S" and amending the zone code to reduce required front and side yard setbacks in residential zones, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No being Commissioner Kirchhoff. 05-15-2000 n.____ ---------....-...-... .. .- ...-.-.---- .---...---- - - 3 - As a result of the discussion above, a majority of the Commissioners concurred that staff be directed to add nursery/greenhouse to comprehensive list of future amendments. , Preliminary Dlat review for minor subdivision - aggregate lots. create two lots. and relocate a common boundary in Amended Subdivision Plat of Dortions of Block 28-30. Block 33-41 and Blocks 46-48. Northern Pacific Addition. further described as beino Lot 2 as shown on Block C of Plats. Paae 23-A4: that Darcel described on Film 93. Page 1968: and Tract C. COS No. . 68. locate~ in the NE %. Section 7. T2S. R5E. MPM (north side of East Main Street. east of North Broadway Avenue) - Alpine Hotel Partners LLC and BRC Investments LLC (P-0018) This was the time and place set for review of the preliminary plat for a minor subdivision, as requested by Alpine Hotel Partners LLC and BRC Investments LLC under Application No. P-0018, to aggregate lots, create two lots" and relocate a common boundary in Amended Subdivision Plat of portions of Block 28-30, Block 33-41 and Blocks 46-48, Northern Pacific Addition, further described as being Lot 2 as shown on Block C of Plats, Page 23-A4; that parcel described on Film 93, Page 1968; and Tract C, cas No. 68, located in the Northeast one-quarter, Section 7, Township 2 South, Range 5 East, Montana Principal Meridian. The property is more commonly located along the north side of East Main Street, east of North Broadway Avenue. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that review of this preliminary plat be moved to June 5, per staff's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Commission Resolution No. 3361 - creatino Business Improvement District Included in the Commissioners' packets was a copy of Commission Resolution No. . 3361, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3361 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A BUSINESS IMPROVEMENT DISTRICT IN THE CITY'S 'DOWNTOWN AREA. Assistant City Manager Brey announced that the legal description needs to be revised to add Condominium Nos. D, F and H, Hathhorn Condominiums, to the list of excluded properties, so the description will read "Hathhorn Condominiums A - I". He indicated this revision also applies to the next agenda item. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Commission Resolution No. 3361, creating a business improvement district in the downtown area, as amended to reflect the exclusions identified above, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. . Ordinance No. 1517 - emergency ordinance creatino Business Improvement District Included in the Commissioners' packets was a copy of Ordinance No. 1517, as approved by the City Attorney, entitled: ORDINANCE NO. 1517 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A BUSINESS IMPROVEMENT DISTRICT IN THE CITY'S DOWNTOWN AREA. 05-15-2000 - 4 - It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1517, creating a business improvement district in the downtown area, as amended to reflect the exclusions identified in the previous agenda item, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. . Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3362 - establishina the "2000 Sidewalk Program" COMMISSION RESOLUTION NO. 3362 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE "2000 SIDEWALK PROGRAM" AND ORDERING THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. Denial of reauest for extension of sewer service outside city limits, as submitted bv Karen Renne for 3003 Candy Lane Authorize City Manaaer to sign - Acceotance of Sewer Pioeline Easement and Agreement - between City and CaDe-France, Inc. - 20-foot-wide easement across a portion of Lot 2, COS No. 2089 (southwest corner of Baxter Lane and North 19th Avenue) . Authorize City Manager to sian - Fiscal Year 2001 Service Agreement between Auxiliary Services at Montana State University and the City of Bozeman for fire Drotection services ADDrove reauest for one-year extension of oreliminary olat for Valley West Subdivision (subdivide 241.7 acres south of Durston Road, west of Ferguson Avenue, into ten tracts for further develooment and dedicate Bronken Park) to Mav 17. 2001 Buildina InsDection Division reoort for Aoril 2000 Claims It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, 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 Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. Continued oublic hearing 4 COA with deviations from Sections 18.18.030 and 18.50.120.K., Bozeman Municioal Code. to allow construction of second dwellina unit on lot which is 1 0 feet . less than reauired 60-foot width and allow stacking of two vehicles on existing shared drive which encroaches 8 feet into reauired side yard setback on Lots 5 and 6. Block 4. Caoitol Hill Addition - James & Joanne Timmer, 811 South 6th Avenue (Z-0019) This was the time and place set for the continued public hearing on a Certificate of Appropriateness, as requested by James and Joanne Timmer under Application No. Z-0019, with deviations from Sections 18.18.030 and 18.50.120.K. of the Bozeman Municipal Code, to allow construction of a second dwelling unit on a lot which is 10 feet less than the required 60-foot width and to allow stacking of two vehicles on existing shared drive which encroaches 05-15-2000 ----".--..-----.--.- - _u.____. __...___.__ .. ----- .'.0"'___ - 5 - 8 feet into the required 8-foot side yard setback on Lots 5 and 6, Block 4, Capitol Hill Addition. The subject property is more commonly known as 811 South 6th Avenue. Mayor Youngman reopened the continued public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He reminded the Commissioners that, when' this application was being considered during the April 17 Commission meeting, the applicant posted a preliminary revised drawing; and the Commission . continued the hearing to give staff an opportunity to review it and forward a recommendation. He noted the applicant subsequently submitted a full set of plans for review; and those are the plans before the Commission at this time. He noted the revised plans attempt to incorporate suggestions in the staff's initial report. He indicated the new plan includes a 10-foot by 16- foot single-story mud room addition to the rear of the existing house, and a two-car garage with a pop-out feature for a main level office and an upstairs apartment. The Historic Preservation Planner stated that staff has reviewed the revised plans in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. He summarized those findings, noting staff finds it generally fits with the neighborhood and supports it, subject to several conditions. He indicated that, because two separate living units are now being proposed on the same lot, the applicant will be required to go through the site plan process before the Development Review Committee. He noted that staff attempted to contact all of the concerned neighbors, and some of those neighbors have reviewed the revised plans and forwarded their comments and concerns. He summarized those comments, which conveyed thanks for the revisions but continued concerns about the height and location of the garage. Responding to Commissioner Brown, the Planner confirmed the tree to the north is to be removed. Mr. James Timmer, applicant, indicated a willingness to respond to questions. . Responding to Commissioner Kirchhoff, Mr. Timmer indicated that he is debating about the possibility of removing the trees to the south of the proposed garage. He indicated that the garage is located two feet further from the north property line than required by code; and he is concerned about moving it any further because of the existing trees and because it would negatively impact the amount of usable space in their back yard. Ms. Rose Toth, 807 South 6th Avenue, stated their house shares a driveway with the Timmers, and that driveway has a significant amount of traffic between their two cars and the Timmers' four cars. She recognized that the revised drawings are an improvement; however, she expressed concern that the result will still be a negative impact on their back yard, with a 24-foot-tall wall being located only 10 feet from their property line. She acknowledged that a two-car garage with an apartment will be located on the adjacent property, but asked for compassionate, aesthetic consideration by lowering the height of the structure as much as possible and by moving it as far from their property line as possible. Mr. Richard Swanson, 807 South 6th Avenue, stated his appreciation for the revised site plan and the removal of the big spruce tree. He noted the footprint on the revised drawings is 970 square feet, compared to the 988-square-foot addition previously proposed. He indicated his preference would be to have office space rather than an apartment above the garage, but it appears the process is beyond that point. . Ms. Vranna Sue Hinck, 701 South 7th Avenue, thanked the applicant for the revised drawings. She stated, however, she is concerned about the negative impacts this project will have on the property to the north. She noted that "revisions of a bad idea don't necessarily create a good one", and stated she does not feel this plan addresses what was wrong in the first place. She concluded by encouraging the Commissioners to carefully consider the privacy issues when making their decision. Mr. Larry Hinck, 701 South 7th Avenue, stated he is concerned about the densities that could result from second story dwellings on properties in the area. He stated the subject lot is too narrow to accommodate a second dwelling unit under the City's code; and parking is 05-15-2000 - 6 - already an issue. As a result, he encouraged the Commission to give careful consideration to this application. Mr. James Timmer stated that it is his understanding this area has been designated for infill and multi-family development. He indicated this second set of drawings is an attempt to address the neighborhood concerns while retaining some of his property rights. Responding to Commissioner Smiley, Mr. Timmer showed where the three existing trees . are located, in comparison to the proposed additions. He then confirmed that the tree to the north is to be removed. Commissioner Frost stated he feels this is a better plan than the original one; however, he noted it is not the best. He indicated that he will support this application, with an added condition that the tree on the north side be removed. Commissioner Kirchhoff stated his concurrence with those comments. Responding to Commissioner Brown, Historic Preservation Planner Strahn stated that an opaque window on the north side of the apartment was not discussed in conjunction with this plan. Commissioner Smiley stated her support for the revised proposal, characterizing it as better than the first one. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Commission approve the Certificate of Appropriateness, as requested by James and Joanne Timmer under Application No. Z-0019, with deviations from Sections 18.18.030 and 18.50.120.K. of the Bozeman Municipal Code, to allow construction of a second dwelling uni,t on a lot which is 10 feet less than the required 60-foot width and to allow stacking of two . vehicles on existing shared drive which encroaches 8 feet into the required 8-foot side yard setback on Lots 5 and 6, Block 4, Capitol Hill Addition, subject to the following conditions: 1. Given that this proposal has been revised to include two separate dwelling units on the same lot, additional advertising, review and minor site plan approval from the Development Review Committee shall be necessary following City Commission approval of the revised Certificate of Appropriateness with deviations request, prior to the issuance of a building permit. Without the subsequent review and approval of the Development Review Committee, this approval is null and void. 2. In accordance with limitations outlined in Chapter 18.18, "R-3A, Residential--Two-Family, Medium Density District, no more than two living units shall be legally permitted on this property. Given that a basement apartment at one time existed in the main residence on this property, the applicants shall, if necessary, remove basement kitchen facilities, and provide assurances in writing to the Office of Planning and Development that no more than two dwellings shall exist on this property following the construction of the proposed new apartment above the garage. 3. In an attempt to address expressed neighborhood concerns and maximize . open space on the property in question, existing on-site storage sheds shall be altogether eliminated. 4. As indicated on the original drawings, the existing main residence and proposed accessory structure shall be resided/sided with new 5-inch reveal narrow lap horizontal wood siding in an attempt to enhance the historic character of the property. 5. The large conifer (spruce) tree on the north side of the new garage/ apartment shall be removed. 05-15-2000 --..--------- ----..-...- -. --..---. . .. - -----.---- n___. - 7 - 6. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 7. 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. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Decision - aooeal tiled by Tom Kalaris and Jennie Birdsall of Administrative Design Review Staff decision to aoorove COA. to allow for demolition of fire-damaged Dortion of existina single- familv residence and construction of new rear addition. and establishment of second dwelling unit on Lots 20-21. Block 3. Park Addition - Boyd Moraan for 119 South 7th Avenue (Z-0011) This was the time and place set for t~e decision on an appeal filed by Tom Kalaris and Jennie Birdsall of the Administrative Design Review Staff decision to approve a Certificate of Appropriateness, as requested by Boyd Morgan under Application No. 2-0011, to allow the demolition of a fire-damaged portion of an existing single-family residence and construction of a new rear addition, and establishment of a second dwelling unit on Lots 20 and 21, Block 3, Park Addition. The subject property is more commonly known as 119 South 7th Avenue. Included in the Commissioners' packets was a memo from City Attorney Luwe, dated May 11. Mr. Tom Kalaris, appellant, 205 South 7th Avenue, stated he received a copy of the City . Attorney's memo on Friday and, after reviewing it, found this issue is more legal than he had anticipated. As a result, he requested this item be continued to the next Commission meeting to give him an opportunity to consult with someone. Ms. Deb Kane, architect representing the applicant, stated that she, too, received the City Attorney's memo on Friday. She requested that the Commission make a decision as soon as possible because of the construction season, noting this item has dragged on for quite some time. Commissioner Kirchhoff questioned whether the appeal process should be dragged out, particularly in light of the City Attorney's memo. He noted that, based on that memo, it appears there is no basis for the appeal and that a continuance should not be granted. Commissioners Smiley, Frost and Brown stated concurrence with those comments. Mayor Youngman indicated she would have honored the appellant's request for a continuance; however, she is in a minority. As a result, she asked the appellant to proceed with his closing remarks. Mr. Tom Kalaris noted the statement in the second paragraph in the City Attorney's memo states "... appellants' appeal is based upon their belief that a duplex is too intensive a use for the area ... II He characterized that as an incorrect statement, stating that the . neighborhood would prefer a single-family dwelling but would accept a duplex that includes two bedrooms per unit instead of the proposed three-bedroom units. He questioned why the intent section is included in the zone code if any development that meets the code requirements is approved. He stated the City Attorney's memo makes it sound like staff had no option but to approve the duplex because it meets the code; however, the letter from Historic Preservation Planner Strahn to Mr. Boyd Morgan, dated March 8, includes a strong recommendation to limit the number of occupants in each dwelling or to reduce the total number of bedrooms, thus suggesting this use is not truly appropriate for the neighborhood. 05-15-2000 --....-.-..-- - . -..-.-..--.--..--- - ..-. .-.----- . ----.. ... ... ..- -. ---- -.... ...----- - 8 - Ms. Deb Kane responded on behalf of the applicant, stated that the proposed duplex started out as a big box and, through a lengthy educat'ional process and the applicant's desire to construct a nice place to live, significant changes were made. She characterized the final design as a nice one, but "not the Taj Mahal". Mayor Youngman stated the real concern is that the maximum allowable number of people, or eight, could be housed in this duplex if it remains two three-bedroom units; and there could be the same number of cars as people. She asked if the applicant would be willing to . contact the Human Resource Development Council (HRDC) about the possibility of accepting vouchers for families to live in these units rather than up to eight unrelated adults. Mr. Boyd Morgan, applicant, indicated he has no objection to contacting the HRDC to see if the units can be rented to families through the voucher program. Responding to Commissioner Frost, Historic Preservation Planner Strahn stated staff contemplated a condition that would limit the number of bedrooms per unit; however concern was raised that two larger bedrooms might encourage multiple occupancies more than three smaller bedrooms. Responding to additional questions from Commissioner Frost, City Attorney Luwe stated the intent clause identifies the'intent of the district; however, without standards applied to that clause, it cannot be used as a regulation. Commissioner Kirchhoff stated he does not believe the City can tell someone to build a duplex with only two bedrooms in each unit. He noted, however, he finds Mr. Morgan's willingness to work with HRDC heartening, stating it could help to address the density issue. Mayor Youngman characterized this as a rather frustrating learning process, and asked that staff develop a flyer on what is appealable and what is not. She noted the zone code is difficult to read and understand, and more clarification would be helpful. She also asked that the Commission try to identify a different way to address the borders between commercial and . residential development, to protect residential vitality and character while allowing multi-family and commercial development. She concluded by stating her appreciation for the applicant's willingness to contact HRDC about the possibi,lity of renting to families. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission uphold staff's conditional approval of the Certificate of Appropriateness, as requested by Boyd Morgan under Application No. Z-0011, to allow the demolition of a fire- damaged portion of an existing single-family residence and construction of a new rear addition, and establishment of a second dwelling unit on Lots 20 and 21, Block 3, Park Addition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Continued Dublic hearing - variance from Section 18.50.120.J.. Bozeman MuniciDal Code. to allow two DarkinQ SDaces in garaae and two Darkina soaces in driveway on Lot 21. Block 3. ThomDson's Addition No. 3 - Julian and Madeline Wilson. 1916 South Tracv Avenue (Z-0017) This was the time and place set for the continued public hearing on a variance from Section 18.50.120.J. of the Bozeman Municipal Cpde, as requested by Julian and Madeline Wilson under Application No. Z-0017, to allow for two parking spaces in the garage and two . parking spaces in the driveway on Lot 21, Block 3, Thompson's Addition No.3. The subject property is more commonly known as 1916 South Tracy Avenue. Mayor Youngman reopened the continued public hearing. Assistant Planner Jami Morris presented the staff report. She stated that the variance, which is in conjunction with the next agenda item, is for a variance to allow stacking of two off-street parking spaces on the driveway in front of the existing two-car garage. She noted that staff has reviewed this application in light of the three criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. She summarized 05-15-2000 - 9 - the staff's recommendation for approval, noting staff feels approval will allow the subject property to maintain its residential appearance. Ms. Julian Wilson, applicant, stated she has applied for, and received, a license from the State for three rooms to be devoted to an adult care facility, and one of those rooms is to be occupied by her Mother. She indicated that none of the ladies will be driving, and parking at the facility should be minimal. . Mr. Don Kreitz, 2001 Fairway Drive, stated this application makes no sense, whatsoever, and characterized staff's recommendation for approval as "pure nonsense". Since there were no Commissioner objections, Mayor Youngman closed the continued public hearing. Responding to Commissioner Kirchhoff, Planning Director Epple stated that a variance runs with the land, as long as the operation continues under the same terms and use. He noted that if the number of residents changes or the use changes, then another review process will be required. Responding to Commissioner Frost, Assistant Planner Morris stated staff found this application meets Criteria B because adding more on-site parking through expansion of the existing driveway would result in the removal of significant mature landscaping and would detract from the residential character of the subject property and negatively impact the entire neighborhood. Mayor Youngman voiced her appreciation for staff's response, noting she had difficulty in identifying how Criteria B was met. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the variance from Section 18.50.120.J. of the Bozeman Municipal Code, . as requested by Julian and Madeline Wilson under Application No. Z-0017, to allow for two parking spaces in the garage and two parking spaces in the driveway on Lot 21, Block 3, Thompson's Addition No.3, contingent upon approval of the subsequent agenda item. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Continued Dublic hearina - Conditional Use Permit - allow oDeration of a arOUD home for adult foster care in existing residence on Lot 21. Block 3. Thomoson's Addition No. 3 - Julian and Madeline Wilson. 1916 South Tracy Avenue (Z-0017) This was the time and place set for the continued public hearing on a Conditional Use Permit requested by Julian and Madeline Wilson, under Application No. 2-0017, to allow for the operation of a group home for adult foster care in the existing residence on Lot 21, Block 3, Thompson's Addition No.3. The subject property is more commonly known as 1916 South Tracy Avenue. Mayor Youngman reopened the continued public hearing. Assistant Planner Jami Morris presented the staff report. She stated that this application is to allow an adult foster care facility for up to four residents in an existing residence. She . noted that group homes are allowed only as conditional uses in the "R-1 ", Residential--Single- family, Low-density, zoning district. 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 staff report. She concluded by forwarding staff's recommendation for approval, subject to conditions. Ms. Julian Wilson, applicant, indicated a willingness to respond to questions. 05-15-2000 -...-.-..-..--- .____._.._.____ _...___..___.____n. ____._ ..._ _ . . ._. n_. ...._._.... - 10 - Mrs. Virginia Traeger, 2103 Highland Court, stated she and her husband purchased their long-term home in this area because it is residential and private, without any commercial enterprises. She stated a group home will materially and adversely impact the neighborhood, and its approval will open the door to the potential for other group homes in the area. She expressed concern that this could also have negative impacts on their property values. Ms. Wilson stated she feels the proposed adult care facility is appropriate for the neighborhood. She also noted that the mix of families, including children, make this a good place for elderly people. . Assistant Planner Jami Morris pointed out that the State's license is for an adult care facility; and any other type of group home would be required to go through a different review and licensing process. Since there were no Commissioner objections, Mayor Youngman closed the continued public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Conditional Use Permit requested by Julian and Madeline Wilson, under Application No. Z-0017, to allow for the operation of a group home for adult foster care in the existing residence on Lot 21, Block 3, Thompson's Addition No.3 be approved, subject to the following conditions: 1. The water service must be brought into compliance with current backflow protection requirements within 60 days of final site plan approval. This will require a dual check backflow device and an expansion tank installed by the owner. 2. 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. . 3. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the' owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the commencement of the use within 60 days of final approval. 4. All of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 5. All of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. 0 Public hearina - variances from Sections 18.50.120.K.. 18.50.100.D.5.(A) and 18.50.120.8.. Bozeman MuniciDal Code. to allow continued non-conforming site conditions on lots 1 through . 14. Block 3. Durston's Second Addition. includina carking which encroaches 25 feet into the reauired 25-foot front yard setback. without screening from the Dublic street. and to waive the reauirement for cerimeter curbina alona the north side of the proDertv - Connie Hochhalter for Dariaold (1001 North 7th Avenue) (Z-0030> This was the time and place set for the public hearing in variances to allow continued non-conforming site conditions on Lots 1 through 14, Block 3, Durston's Second Addition, as requested by Connie Hochhalter for Darigold'under Application No. Z-0030, as follows: 05-15-2000 - 11 - 1. From Section 18.50.120.K., to allow parking to encroach 25 feet into the required 25-foot front yard setback along North 7th Avenue; 2. From Section 18.50.100.D.5.(A), which requires all parking located between a principal structure and a public street to be screened from the public street with street frontage tr.ees and landscaping, to not require that screening along the North 7th Avenue right-of-way; and . 3. From Section 18.50.120.B., to waive the requirement to have 6-inch by 6-inch concrete curb around the parking lot perimeter on the north side of the property. Mayor Youngman opened the public hearing. Assistant Planner Jami Morris presented the staff report. She stated that staff has reviewed these requested variances in light of the three criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. The Assistant Planner stated that the first two variances pertain to the parking lot in front of the building, which is currently used by visitors and employees. She indicated that staff partially supports the requested variances, by requiring a 19 % -foot-wide landscape strip, including a grassed boulevard, sidewalk and landscape strip, rather than the required 25-foot- wide strip. Darigold has also requested that the requirement to install landscaping be delayed until their next major expansion, which is projected to occur within the next seven years. She indicated the third variance is to waive the requirement for curbing along the north side of the property; and staff does not support that requested variance. The applicant has made this request due to the costs of installing continuous curbing; and financial hardship is not a grounds for granting of a variance. She stated the applicant has also requested that they be allowed to install pin down curbs; the Engineering Department has indicated those are not strong enough and has suggested that drop curbs be installed, which will allow for easier snow removal. . Responding to Commissioner Kirchhoff, Planning Director Andy Epple stated the Director of Public Service typically approves a dropped curb for 8 to 10 feet at key points to allow a competent driver of snow removal equipment to move the snow. He stated, however, that smaller equipment is used to remove snow from those locations than is used on the Darigold site. He then indicated that a concrete header or a concrete curb helps to preserve the integrity of the edge of the asphalt. Mr. John Brown, attorney representing Darigold, stated that Darigold has operated at this location since 1952; and it is now a non,.conforming use because it is classified as an agricultural manufacturing plant. He noted that the parking lot in front of the building was originally a dedicated service drive and, approximately ten years ago, the City vacated that strip through a land exchange agreement that created the Sacajawea Park. He noted the gist of Darigold's request for the first two variances is to defer the creation of a landscape strip along North 7th Avenue until their next major expansion, which is anticipated within the next seven years. He recognized there is no guarantee that expansion will occur; however, it is currently in the plan. He expressed concern that neither the 25-foot strip required by the code nor the 19 %-foot strip proposed by staff will leave enough room to park. The result will be either the removal of mature vegetation, including large trees, to move the parking lot closer to the front of the building or to move the parking lot to the north side of the building, which is basically an industrial parking lot for tanker trucks. He stated that will also reduce the amount of green . space along the north side of the property. which has served as a de facto expansion of Sacajawea Park for several years. Mr. Brown stated the existing sidewalk along the front of the Darigold building currently lines up with the sidewalk in the Sacajawea Park; and relocating it to the proposed location adjacent to North 7th Avenue will eliminate that alignment. He concluded by noting the last variance, from the curbing requirements, is not as crucial as the first two. 05-15-2000 ....-..---- - 12 - Mr. Mike Fleshman, 1119 North 7th Avenue, stated he lives "a stone's throw" from where diesel trucks are left running all night long; and, as a result, he is concerned about this proposed expansion. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost stated he does not believe any of the variances meet the criteria; however, he would be willing to grant a partial variance to allow a 19 %-foot landscape strip . as suggested by staff. He indicated, however, he does not support deferring the installation of that strip for seven years, as requested by the applicant. Commissioner Kirchhoff stated his concurrence, citing the Commission's recent approval of the Bozeman Inn's application, under which they were required to provide those improvements immediately. He stated he does not support the requested variance regarding the curbing. Mayor Youngman recognized an argument could be made regarding landscaping, and the fact that requiring the full 25-foot-wide landsca'pe strip along the street frontage could result in impacts to the site that are less in the community's interest. She stated, however, she cannot support the requested variance regarding curbing. Responding to comments from Commissioner Frost, Planning Director Epple indicated the sidewalk through Sacajawea Park could be. modified if the sidewalk in front of Darigold is moved over to North 7th Avenue, to eliminate the concerns voiced by Mr. Brown. He then noted that the proposed 19 %-foot landscape strip is the same width as that required for the Bozeman Inn. He stated the Commission could impose a time certain if it wishes to provide for delayed installation of the landscape strip, with the requirement being tied to expansion or a specific date, whichever occurs first. Commissioner Kirchhoff stated he wants to have a clear view of the consequences of . voting either way on the requested variances regarding the parking lot and landscaping. He then noted that when the footprint of the building is enlarged, additional parking along the north side of the building will be required. He noted that area currently serves as a buffer to the subdivision behind this use, and additional residential development is anticipated to the west. He questioned if these proposed expansions result i'n an overbuilding of the site that will negatively impact those residential areas. Mr. John Brown indicated that Darigold would be willing to install a 12 % -foot landscape strip along the street frontage. He cautioned, .however, that if the sidewalk is constr'ucted 4 % feet behind the curb as proposed by staff, it will run into the information center. Mr. Keith Nye, General Manager of Darigold, stated that parking is needed in front of the building to accommodate visitors, particularly since that is where the disabled ramp is located. He also cautioned that moving the visitor parking lot to the north side of the property will result in both vehicular and pedestrian conflicts with the large trailer trucks, and will be eliminate the green space that creates the buffer needed by the residential neighbors. Planning Director Andy Epple stated that the Montana Department of Transportation does not want trees or shrubs in the first 4 % feet behind the curb, so it would remain a grass strip. He noted the 5-foot sidewalk would be located behind that strip, since a boulevard sidewalk along a major street is not practical, and then a 10-foot-wide strip of landscaping . under staff's proposal. He cautioned that a narrower landscape strip might not result in the desired level of screening. Commissioner Frost stated. it is imperative to make an attempt to meet the entryway corridor requirements, although he would be wiiling to support a partial variance in the best interests of the community. He noted that North 7th Avenue needs to be improved as soon as possible and, as a result, he would not support a delayed timeline. 05-15-2000 - ----- --- - 13 - The Commissioners voiced an interest in delaying action on this item to give staff and the Design Review Board an opportunity to work with the applicant to determine if their offer to provide a 12 %-foot-wide landscape strip wiH be adequate. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that further consideration of this item be continued to the June 5 meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, . none. City Attorney Luwe recommended that, at the June 5 meeting, the Commission reopen the public hearing to accept additional public comment prior to making a decision. Public hearina - Conditional Use Permit and Certificate of Aoorooriateness - allow addition of aooroximatelv 1.300 SQuare feet and two 55-foot milk silos on Lots 1 through 14. Block 3. Durston's Second Addition - Connie Hochhalter for Darigold (1 001 North 7th Avenue) (Z-0030) This was the time and place set for the public hearing on the Conditional Use Permit and Certificate of Appropriateness, as requested by Connie Hochhalter for Darigold under Application No. Z-0030, to allow an addition of approximately 1,300 square feet and two 55- foot milk silos on Lots 1 through 14, Block 3, Durston's Second Addition. The subject property is more commonly known as 1001 North 7th Avenue. Mayor Youngman opened the public hearing. In light of the Commission's action on the previous agenda item, it was moved by Commissioner Brown, seconded by Commissioner Frost, that the public hearing be continued to June 5. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and . Mayor Youngman; those voting No, none. Break - 9:25 to 9:32 o.m. Mayor Youngman declared a break from 9:25 p.m. to 9:32 p.m., in accordance with Commission policy. Public hearing - additional comDrehensive amendments to zone code (Z-0015a) This was the time and place set for the hearing on additional comprehensive amendments to the zone code, as requested by the City Commission under Application No. Z-0015a. Mayor Youngman opened the public hearing. Associate Planner Chris Saunders presented the staff report. He stated this is the final round of changes to the zone code, and includes three major changes. Those include adding the definition for a "nonbroadcast telecommunication facility", or booster station, and provisions for how and when they are to be reviewed and allowed; allowing recreational vehicle parks as a conditional use in the "R-S", Residential Suburban, zoning district; and removal of . the rest~iction on development within the "R-O", Residential--Office, zoning district tied to trip generation. The Associate Planner stated that staff has reviewed each of these three amendments in light of the twelve criteria contained in the zone code, and staff's comprehensive findings are contained in the written staff report. He summarized those findings, noting that they all comply with the applicable criteria. As a result, he indicated that staff has forwarded a recommendation for approval. He stated the Zoning Commission considered this zone code amendment at its meeting held on May 2 and concurred in staff's recommendation for approval. 05-15-2000 - 14 - No one was present to speak in support of or in opposition to the requested zone code amendments. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved Frost, seconded by Commissioner Smiley, that the Commission approve the additional comprehensive amendments to the zone code under Application No. Z-0015a, and authorize and direct staff to bring back an ordinance enacting those amendments. The . motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Discussion - Montana Power ComDanv Durchase City Manager Johnson stated a self-appointed executive committee has been created to form a private company named MEGA to pursue purchase of Montana Power Company. He characterized this as a world that government is not used to working in, since it involves the sale of a private company. As a result, a consultant has been retained to assist in the acquisition process. The City Manager noted that the steering committee for this possible acquisition has been comprised of representatives from the various Cities involved to date, and they have determined it would be beneficial to expand that committee to include representatives from business. As a result, each City has been asked to forward the name of a business person to be added to the committee. He indicated some concerns and questions have been identified, including the importance of balancing the representation to ensure that Cities maintain the majority, and the possibility of providing consumer representation as well as business representation while maintaining that majority balance. He concluded by forwarding the name . of Steve Sparks and asked for Commission concurrence in that appointment. Mayor Youngman stated she feels appointing Steve Sparks at this time is appropriate; however, she stressed the importance of adding multiple consumer advocates as soon as possible. Commissioner Frost stated that the Cities need at least 51 percent of the representation on the committee, since they are the ones putting up the money to pursue this acquisition. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Steve Sparks be appointed as the City's business representative on the steering committee to consider acquisition of Montana Power Company. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. City Manager Johnson stated he feels that counties should also be represented in this venture, although he agrees that the six Cities putting up the monies to pursue this possibility should have 51 percent of the representation on the committee. Mayor Youngman suggested that the initial board be sunsetting at the end of the acquisition and that the board then be reconstituted. She also voiced her interest in appointing a consumer advocate within the next couple weeks. She recognized this could result in the . larger investors having two representatives on the committee. It was moved by Commissioner Kirchhoff, seconded by Commissioner Frost, that the Commission direct City Manager Johnson to propose that at least 51 percent of the representation on the newly formed board be from the investors, and further direct the City Manager to advocate consumer representation and propose that the current municipal representatives sunset at the point of acquisition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Frost, Commissioner Brown, Commissioner Smiley and Mayor Youngman; those voting No, none. 05-15-2000 --.--..------ --..-- - 15 - Discussion. FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Invitation to attend a public information meeting on secondhand smoke, scheduled for 7:00 p.m. on Tuesday, May 23, at the Willson School. . (2) Letter from Robert and Linda Batchelder and Lisa Williams, 960 Manley Road, expressing concern about the proposed new entrance to the landfill. (3) Copy of a memo from Planning Director Andy Epple to City Manager Clark Johnson, dated May 12, regarding the status of the WalMart review process. (4) Copy of a memo from City Attorney Luwe, dated July 2, 1997, regarding zoning variances. (5) Minutes from the Beautification Advisory Board meeting held on April 13, 2000. (6) Minutes from the Historic Preservation Advisory Board meeting held on April 3, 2000. (7) Agenda and revised agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, May 16, at the Ruby Theatre in Three Forks. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 16, in the Commission Room. (9) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, May 16, in the Commission Room. . (10) City Manager Johnson announced that today he attended a business incubator meeting, along with representatives from MSU and the Gallatin Development Corporation. He indicated that the County has also been invited to participate but chosen not to, and indicated the purpose of this committee is to reflect community support. He indicated that a $2 million gift from the federal government, to encourage start-up technology businesses, is anticipated; and NASA has agreed to give $150,000. The City Manager expressed concern about not knowing his role on a committee like this and asked for either a clear policy or Commission direction. Assistant City Manager Brey cautioned that, a couple of years ago, the possibility loomed that the City would be competing for these "purely pork dollars", and that possibility may arise again in the future. Responding to Mayor Youngman, the City Manager confirmed that the City could pursue some of these monies for a recreation center or parkland. The Commissioners concluded the discussion by recognizing it is good to have the City Manager representing the City on this type of committee. (11 ) City Attorney Luwe announced that he will be in Ames, Iowa, next week for the world competition of Destination Imagination (previously Odyssey of the Mind). . (12) Assistant City Manager Brey stated that he began looking at the self-government issue last week, in preparation for the possibility of placing it on the fall ballot. (13) Commissioner Brown voiced his appreciation for the opportunity to attend the Elected Officials Workshop in Billings on Thursday and Friday. He noted that conversations during the workshop revealed the high level of dependence that small communities have on the gambling revenues. 05-15-2000 - 16 - (14) City Manager Johnson showed the Commissioners the latest snowpack report, cautioning that those levels are very low. (15) Mayor Youngman submitted the following. (1) Announced that she will be out of town from Wednesday through Sunday; and Commissioner Brown will be attending the TCC meeting on her behalf. (2) Announced that the joint work session with the County Commission scheduled for May 22 has once again been cancelled, in light of an opinion from the County Attorney's office that a voted mill levy to support the 9-1-1 dispatch services cannot be . pursued because the governmental entities are at their mill limits. She also indicated there is not adequate time for those wishing to pursue bond issues or mill levies to give presentations at that work session. She noted the County would like to schedule a meeting for some time in June if possible. (3) Stated that Saturday, June 3, is National Trails Day, and asked that a proclamation be prepared and placed on a special meeting for either May 22 or May 30. (4) Stated that a listening session is scheduled for 10:00 a.m. to noon on May 19, in preparation for an economic summit in Great Falls on June 25 and 26. She indicated that she will not be able to attend; Commissioner Brown stated he can do so. (5) Expressed concern that the Commission goals were not included in the City Manager's budget recommendations. ( 16) Commissioner Kirchhoff stated that his preliminary traffic findings have raised several concerns, particularly in light of additional development proposals for the western side of the community. He suggested that concerns should automatically be triggered when any proposed development is to be served by West Oak Street, Durston Road or West Babcock Street, until those roadways have been improved or adequate data is available to show the roads can accommodate the additional traffic. Assistant City Manager Brey noted that a few years ago, the City took the position that standards must be met before development can proceed, and stated it appears the net result was to "subject the City Manager to 2 % years of negotiations". (17) Commissioner Kirchhoff announced that he will be gone from June 13 to July 5 and, as a result, will miss three Commission meetings. . (18) Responding to City Manager Johnson, the Commissioners agreed to review the City Manager's budget recommendations during next week's work session. Adjournment - 1 0:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley, Commissioner Brown and Mayor Youngman; those voting No, none. MAr:::~L~lirr::: ATTEST: .~07~ ROBIN L. SULLIVAN Clerk of the Commission 05-15-2000 --...-- --- -