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HomeMy WebLinkAbout1998-07-20 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 20, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 20, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Staff Attorney Cooper and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stiff asked if any of the Commissioners wished to remove any of the Consent Items for discussion. City Manager Johnson stated he has been requested to remove Commission Resolution Nos. 3251 and 3252 for discussion. Minutes - April 6. June 1. June 8. June 11. June 15. June 16. June 18. June 22. and June 29. Julv 6 and Julv 13. 1998 . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the meetings of June 11, June 16, June 18, June 22, July 6 and July 13, 1998, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Mayor Stiff deferred action on the minutes of the meetings of April 6, June 1, June 8, June 15 and June 29 to a later date. Discussion - setting of time and place for hearina the appeal of the decision of the Impact Fee Review Committee forwarded by Lowell Sorinaer on behalf of Osterman Mini-Warehouses Included in the Commissioners' packets was a letter from Lowell Springer, dated July 8, notifying the Commission of his intent to appeal the Impact Fee Review Committee's . decision regarding impact fees for the Osterman Mini-Warehouses to the Commission. City Manager Johnson stated a visit with the those staff members who are important in this review process has revealed that at least one of the staff members will be gone on each of the Commission meeting days between now and September 8. He then suggested that the hearing be set for September 8 and that, in the meantime, the applicant, or his representative, 07-20-98 -- - .- -... ~ 2 - be required to submit his arguments in writing no later than August 21, to give staff time to also submit written responses in the packet for the August 31 agenda meeting, in preparation for the hearing. He noted that with this information, the Commission may be in a better position to take action following the hearing rather than continuing the issue for two or four . weeks while awaiting additional information as a result of receiving all of the information at the hearing. Mr. Joby Sabol, attorney representing Mr. Osterman, stated he recognizes and understands the Commission's need to receive as much information as possible so it can make an informed decision in a timely manner and indicated his willingness to provide his written arguments as soon as possible. Mr. Sabol then provided some background information on this request, noting that the project has been in process since early 1995. He noted that the initial approval of the application included 45 conditions and several conditions were then added with subsequent reviews, including an additional 17 conditions, another 11 conditions, then 4 conditions and, finally 5 conditions. He characterized this as one of those unfortunate projects that one hears . about and in which one hopes never to become involved. He noted that several delays have been incurred, part of them because of the applicant, part of them because of City staff or changes in staffing, and part of them due to no one person in particular. He also noted that the off-site improvements have been extensive and taken some time to accomplish. Responding to Commissioner Rudberg, Mr. Sabol stated that it is his client's position that this project is grandfathered because of the date of its approval and should, therefore, be exempt from impact fees. Mr. Sabol then recognized that it would be in everyone's best interests for the applicant's representatives and City staff members to develop an appeal that is as streamlined as possible. He then asked if the date of the appeal hearing could possibly be moved forward if he gets the written information prepared and to staff late this week or early next week. . City Manager Johnson responded that if the written information submitted to staff reveals that the staff members who will be absent between now and September 8 are not needed during the appeal hearing, the hearing could be set earlier. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission set the hearing on the appeal for September 8, with the understanding that the 07-20-98 ....---- ----.-- .--- .--- - 3 - applicant's representatives will submit their written arguments no later than August 21, with those arguments and staff responses to be included in the packets for the August 31 meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; . those voting No, none. EmDloyment Aareement with City Manager for Fiscal Year 1998-1999 Included in the Commissioners' packets was a copy of the proposed Employment Agreement with City Manager Clark Johnson, based on the Commission's discussion at its July 6 meeting. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct the Mayor to sign the Employment Agreement with the City Manager for Fiscal Year 1998-1999. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. . Ordinance No. 1475 ~ Salary ordinance for City Manaaer for Fiscal Year 1998-1999 Included in the Commissioners' packets was a copy of Ordinance No. 1475, as approved by the City Attorney, entitled: ORDINANCE NO. 1475 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER OF THE CITY OF BOZEMAN, AS REQUIRED BY LAW. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Ordinance No. 1475, setting the City Manager's salary for Fiscal Year 1998~ 1999, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, . Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. ADDointments to Historic Preservation Advisorv Board Included in the Commissioners' packet was a memo from Clerk of the Commission 07-20-98 ------- ..--.- - .-- -- ... - 4 - Sullivan, dated July 16, forwarding a listing of applicants for re-appointment to the Board. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission reappoint Suzanne Hainsworth as a neighborhood representative, Maire O'Neill as a professional representative, Terri J. Sullivan as the Main Street representative and Rachel . Wallace as an at-large member on the Historic Preservation Advisory Board, with two-year terms to expire on June 30, 2000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Discussion re Community Affordable Housing Advisorv Board recommendations for Driorities for the use of housina monies for Fiscal Year 1998-1999 Included in the Commissioners' packets was a copy of the letter from the Community Affordable Housing Advisory Board, dated May 5, 1998, in which the Board forwarded three recommended priorities for expenditure of funds for the upcoming fiscal year, in accordance with the City's adopted housing policy. Those recommendations include: . 1 . That the Community Affordable Housing Fund continue to be used for bricks and mortar, realizing that this is asking the City Commission to use other funds to hire a consultant and for the HRDC's administrative fee. 2. That the Community Affordable Housing Fund funds be used for rental projects with rents affordable to persons below 30% of the area median. 3. That Community Affordable Housing Fund funds be targeted toward lot ownership for lower-income mobile home owners. Commissioner Rudberg noted that, as a result of the Commission's vote on the budget for Fiscal Year 1998-1999, Item No. 1 must be eliminated because administrative fees for HRDC are to be mainly funded through the Housing Revolving Loan Fund. Responding to City Manager Johnson, Commissioner Youngman stated the Board forwarded only three recommended priorities for the expenditure of funds during the upcoming fiscal year because of the very limited funds currently available. She then noted that rental . rehabilitation has traditionally been a priority use of these CDBG monies, and will continue to be given favorable consideration whenever possible. Commissioner Youngman reminded that during the budgeting process, the Executive Director of the Human Resource Development Council indicated that he is not comfortable with accepting administrative monies from the housing fund because it decreases the amount 07-20-98 - 5 - available to fund projects. She noted, as a result, the HRDC may bill the City for only that portion of the administrative fees which are to be paid from a different funding source. She further stated that Mr. Rupp has indicated he may approach the Commission about the possibility of fully funding the administration of this program from a different source, so the . housing fund monies can be used to address low-income housing needs. She then suggested that the Commission could accept the Board's second and third recommendations, and table action on the first recommendation until after the Commission has considered HRDC's request. Commissioner Rudberg noted that grants have administrative monies built into them. She then asked if monies are coming back into this fund on a slow basis, given the size of the loans and the low or no-interest rates at which they are given. Commissioner Youngman stated that most of the applications for monies from this fund have been approved as loans, but some have been grants. She then stressed that the community continues to struggle with the need for affordable housing, particularly for the very, very low income families. She noted that, for these projects, loans with any type of interest rate, no matter how low, can make them not affordable to those they are meant to serve. . Responding to additional questions from Commissioner Rudberg, Commissioner Youngman stated that for those projects which qualify for the tax credit program, monies are not needed from the City to help make them affordable. Commissioner Rudberg expressed concern about lending monies at zero interest. She suggested that even a 2-percent interest rate allows monies to come back to the fund, and she feels that is important in ensuring that this revolving fund remains in place for future projects. In response to Commissioner Rudberg, Commissioner Youngman stated that Recommendation No. 3 could refer to ownership of either a lot within a mobile home development or ownership of a mobile home park. She stated that with the monies currently available, however, the Board recognizes that ownership of a park does not seem practical. She then stressed that every loan from the fund has conditions attached which protect the . taxpayers. She also noted that the Commission also makes the final decision on each loan or grant. Mayor Stiff stated that a review of the latest Building Inspection Division report, which is included in this packet, reveals that an average of 164 housing units have been constructed 07-20-98 ---- ------ -- - - 6 - in each of the past five years, up from an average of 66 units per year for each of the previous seven years. Responding to questions from Mayor Stiff, Commissioner Youngman stated that, through mutual agreement, the duties and responsibilities on behalf of the City have been significantly . expanded beyond those attached to the COSG program, including the monitoring of several housing projects across the community. She also noted that the monies in the fund have been recycled many times, and HROC does not feel it is appropriate to spend the small amount remaining on administration. Commissioner Smiley stated she feels the HROC should accept the administration monies which have been budgeted, particularly since those monies are a part of the fund and HROC is doing the work. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission establish priorities for the use of COSG Revolving Loan Fund monies and Community Housing Fund monies for Fiscal Year 1998-1999 as follows: 1 . That the Community Affordable Housing Fund funds be used for rental . projects with rents affordable to persons below 30% of the area median; and 2. That Community Affordable Housing Fund funds be targeted toward lot ownership for lower-income mobile home owners; with the stipulation that all expenditures of the funds be reviewed and approved by the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Commission Resolution No. 3251 - adoPting a revised fee schedule for processes under the Bozeman Area Subdivision Regulations Commission Resolution No. 3252 - adoPtina a revised fee schedule for processes under the 1990 Bozeman Area Master Plan Uodate Included in the Commissioners' packets were Commission Resolution Nos. 3251 and . 3252, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3251 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING A REVISED FEE SCHEDULE FOR PROCESSES UNDER THE BOZEMAN AREA SUBDIVISION REGULATIONS. 07-20~98 - 7 - COMMISSION RESOLUTION NO. 3252 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING A REVISED FEE SCHEDULE FOR PROCESSES UNDER THE 1990 BOZEMAN AREA MASTER PLAN UPDATE. City Manager Johnson reminded the Commission that Commissioner Smiley had . requested this item be removed from the Consent Items. Commissioner Smiley stated that the City-County Planning Board has not had an opportunity to review these proposed revised fee schedules and forward a recommendation to the Commission, and suggested that these resolutions be removed from this agenda and referred to the Board for their consideration prior to Commission action. Commissioner Rudberg stated her concurrence with Commissioner Smiley's suggestion that these fee schedules be forwarded to the Planning Board for their review and recommendations prior to Commission action. She then suggested the possibility of developing incentives in the fee schedules for those applicants who submit plans which can be quickly and easily reviewed and approved, possibly by establishing a minimum fee and a maximum fee. Assistant Planning Director Arkell stated that approach is currently used in the fees for . zone code processes. She noted that a maximum fee is established, and that is the fee collected with the application; and if the time and costs to process the application are less than that fee, then a refund is given, not to fall below a minimum fee. She recognized that type of fee schedule could also be developed for these processes. Responding to questions from Commissioner Rudberg, the Assistant Planning Director cautioned that some planners take more time to review projects than others, so developing a fee schedule based on the number of hours to process the application may not be appropriate. She then noted that a sheet is attached to the front of every file, and the planners are supposed to maintain a log of the time spent on that project. She indicated that of the 24 project files she reviewed from last year, she was able to average only nine of them because they were the only ones for which a log had been maintained. . Commissioner Rudberg stated that the failure to maintain the log sheet is unacceptable to her and indicated she will ask Commissioner Smiley, as liaison to the Planning Board, to forward her thoughts to the Board. The Commissioners concurred in referring these resolutions to the Planning Board prior to acting on them. 07-20-98 .. -.. ..-......--.--- - 8 - Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from Mr. Leroy Higley, dated July 9, to the Gallatin County . Sheriff's Department, thanking them for their efforts to save his son, Ryan Higley, at the Bozeman Pond on July 1. The City Manager stated that a copy of this letter was also sent to the Bozeman Fire Department. He then stated that signs will be installed, and he will take pictures of them and send them to Mr. Higley. (2) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 21, in the Commission Room. (3) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, July 21, in the Commission Room. (4) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, July 21, at the Courthouse. . (5) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, July 23, in the Conference Room at the Professional Building. (6) The City Manager stated that he participated in the Bozeman Watershed Council's tour of the property which the City owns in the Bozeman Creek watershed. He stated that they covered a lot of ground, and he also gained a lot of valuable information from various members of the group. He then noted that the Mystic Lake area is heavily used by recreationalists, and the need to address the extremely high fire danger in that area through proper management techniques is important. He indicated his intent to arrange a similar tour for the Commissioners. (7) The City Manager distributed copies of a report entitled Interim Property Tax Committee. He stated that on Friday, he attended the League of Cities and Towns Legislative . Committee meeting, at which they discussed several legislative issues which could impact local governments. He briefly highlighted some of those issues, including possible revision of the manner in which property values are established. He stated that the League intends to pursue repeal of both 5B195 and 1-105 during the upcoming session and, if those efforts fail, to attempt to get an inflationary clause added to those legislative actions. 07-20-98 - 9 - The City Manager also noted that during the meeting, the option for local governments to establish a sales tax of up to 1 percent was discussed. Another issue discussed was the possible removal of the prohibition against selling gasoline products under cost. (8) The City Manager stated that he attended the Transportation Coordinating . Committee meeting on Wednesday. He noted that during that meeting, one citizen raised a concern about the speed of traffic on West Babcock Street between South 8th Avenue and South Willson Avenue. He noted that items of discussion included the visitors' center at the North 19th Avenue interchange again, concerns about the 19th Avenue corridor, and the land swap near North Rouse Avenue in conjunction with the Oak street corridor. (9) Commissioner Youngman submitted the following. (1) Stated she will be out of town next Monday and requested that she be excused from that meeting. (2) Stated that she and her dog placed second at the Gallatin County Fair last week. (3) Suggested that the Commissioners find a way to have fun in the Sweet Pea parade and meet the theme of the parade "stop and smell the flowers". (10) Commissioner Youngman suggested that the Commission send a letter to the . County Commission and the Fair Board encouraging them to continue allowing overflow parking for the Senior Center at the Fairgrounds. She noted that at the neighborhood meeting last week it became obvious that even an additional 28 parking spaces in Centennial Park would not provide adequate parking during certain events at the Center. Commissioner Smiley stated that one suggestion forwarded during the meeting was to designate the entire existing lot at the Senior Center for handicapped parking only, with all ambulatory people being required to park across the street at the Fairgrounds. Commissioner Youngman noted there is no data currently on how often the existing parking lot is full. She then noted that several suggestions were forwarded as the groups attempted to work toward a solution. (11 ) Commissioner Smiley submitted the following. (1) Stated that at the Downtown . Improvement District Board (lOB) meeting last week, the Board discussed improvements to the downtown area. (2) Stated that she and the City Manager attended a very interesting meeting last week regarding a comprehensive telecommunications plan. (12) Commissioner Rudberg submitted the following. (1) Stated that an article in a recent edition of the Nation'5 Cities Weekly revealed that a parade in Couer d' Alene cost the 07-20-98 - 10 - City over $100,000. (2) Drew the Commissioners' attention to two articles in the Nation's Cities Weekly, one regarding new unfunded mandates from EPA and the other regarding a new federalism under which states would have less control. (3) Stated that she has begun to call people about the signs which are being removed from poles in the public right-of-way. She . noted that some people have been embarrassed and apologized for posting the flyers improperly or failing to remove them while others, particularly the bar owners, have indicated they have no control over those posting the flyers. She then stated her intent to forward a copy of the letter to the Bozeman Daily Chronicle, so they can help to address the littering problem being created with their garage sale signs. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize Mavor to sign - Findings of Fact and Order - Westfield South. Phase II - subdivide 10.6 acres located in the SE 1/4. Section 24. T2S. R5E. MPM into 28 lots for residential uses (between South 3rd Avenue and Waaon Wheel Road south of Westfield South) (P-9814) Authorize City Manager to sign - Water Pice line and Access Easement and . Aareement - Fred Dean Fraley and Chervl P. Fralev - across Lot 4. Block 2. Mvstic Heiahts Subdivision (between Lorelei Drive and County Road) Reauest for authorization to transfer monies into and out of SID Revolving Fund to close various SID funds. as listed in memo from Assistant Finance Director Peg Biekert. dated Julv 11. 1998 Authorize City Manager and Director of Public Service to sign - Aareement and Sticulation for Water Rights Claim Nos. 41 H-W-140873. 41 H-W-140877. 41H-W-140879 and 41H-W-140880 ADDointment of Commissioner Smilev and Commissioner Rudberg to sub- committee to review Pledaed Securities as of June 30. 1998 Buildina Inscection Division recort for June 1998 Claims It was moved by Commissioner Frost, 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 Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. 07-20-98 - 11 - Recess - 4:35 D.m. Mayor Stiff declared a recess at 4:35 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. . Reconvene - 7:00 D.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Public hearina - Commission Resolution No. 3243 - intent to annex 1.616 acres described as Lot 21. Gordon Mandeville State School Section Subdivision (located 350 feet north of Griffin Drive along the east side of Meadow Lane) (A-9804) This was the time and place set for the public hearing on Commission Resolution No. 3243, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3243 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACT OF LAND . CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Stiff opened the public hearing. Associate Planner Jody Olsen presented the staff report. She stated the subject 1.616- acre parcel is located along the east side of Meadow Lane and is contiguous to the city limits along its eastern boundary and at its northwest corner. She noted that it is within both the sewer service boundary and the urban growth boundary. She stated that the subject parcel is one of four parcels in an island of county land almost surrounded by city limits. The Associate Planner stated that staff has reviewed this application in light of the four goals and eleven policies, and the comprehensive findings are contained in the written staff report which has been previously submitted to the Commission. She gave a brief overview of . those findings, noting that this application complies with two of the four goals and does not meet the other two goals because it is not wholly surrounded and does not currently contract for City services. She then indicated that this application generally meets all of the policies except for Policy No.4, noting that access to this site is via a County road improved to gravel standards. 07-20-98 ..........--- .- ..--., ..-- - 12 - Associate Planner Olsen stated that, as a result of staff findings, the staff is forwarding a recommendation that the annexation agreement for this parcel address the following five issues: 1, The Annexation Agreement, which addresses all conditions placed on the application by the City Commission, shall be returned to the City of . Bozeman within one year of the City Commission's vote to annex the property, or the annexation approval will be void, 2, An annexation map with a legal description of the property shall be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar (18-inch by 24-inch) for City records and on either letter or legal size paper for filing with the Annexation Agreement with the County Clerk and Recorder, This map must be acceptable to the Director of Public Service, and shall be submitted with the signed Annexation Agreement. 3, The property owner(s) shall provide usable water rights, or cash-in-lieu thereof, in an amount to be determined by the Director of Public Service, prior to annexation, 4, The Annexation Agreement shall include an executed waiver of right to protest the creation of Special Improvement Districts for a city-wide park maintenance district, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks. 5, The property owner shall be advised that prior to development of the . property, all infrastructure serving the site will need to be installed and/or improved to City standards, i.e., water, sewer and street (including paving, curb and gutter, sidewalk and storm sewers). A sanitary sewer main, to serve the subject site, could be stubbed from the eight (8) inch water main currently stubbed 45 feet on Meadow Lane, would need to be looped by extending it to and along the north easement of the property and tying into the six (6) inch main on Lea Avenue. Additional fire hydrants will also be required. Mr, Maus, applicant, stated he is seeking annexation so he can obtain city water and sewer services and develop this parcel as light manufacturing/warehouse space, Mr, Joseph Guardiani stated he owns the property immediately to the east, on the southwest corner of Lea Avenue and Meadow Way. He noted that Meadow Way is currently not improved, and he does not wish to incur a special assessment for improvement to that roadway since he is already paying on the Lea Avenue improvements, Associate Planner Jody Olsen noted that Meadow Lane is currently improved to a . County gravel road standard, and the right-of-way for Meadow Way currently exists, but the road has not been extended to Lea Avenue, Assistant Planning Director Debbie Arkell stated that Lea Avenue was improved through a special improvement district, and Mr. Guardiani is not responsible for his proportionate share of those assessments. She noted that if Meadow Way is improved through a special 07-20-98 ________ __n________ - 13 - improvement district at some time in the future, it is possible Mr. Guardiani will be responsible for a prorata share of those costs, since his property abuts that roadway as well. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the . Commission authorize and direct staff to bring back an Annexation Agreement for review and approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Public hearina - COA with deviations from Sections 18.18.050 and 18.50.160. BMC. to allow addition to encroach 5 feet 2 inches into reauired 8-foot side yard setback and to allow excansion of structure which currentlY encroaches 7 feet into reauired 8-foot side yard setback on Lot 4. Block 1. Rouses' Third Addition - Eric S. Boswell & Alicia A. Bradshaw. 421 West Oliye Street (Z-9876) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviations from Sections 18.18.050 and 18.50.160 of the Bozeman Municipal Code, as requested by Eric S. Boswell and Alicia A. Bradshaw, under Application No. Z-9876, to allow . an addition to encroach 5 feet 2 inches into the required 8-foot side yard setback and to allow expansion of a non-conforming structure which currently encroaches 7 feet into the required 8-foot side yard setback on Lot 4, Block 1, Rouses' Third Addition. The subject property is more commonly known as 421 West Olive Street. Mayor Stiff opened the public hearing. Planner/Urban Designer John Sherman presented the staff report. He stated that the existing structure currently encroaches 7 feet into the required 8-foot side yard setback; and the applicants propose to expand the non~conforming structure by constructing a 6-foot by 8- foot second floor deck and door on the west elevation which will encroach 5 feet 2 inches into the required 8-foot side yard setback. The applicants also propose to partially demolish an existing carriage shed and construct a new 16-foot by 24-foot single-car garage which . encroaches 5 feet 8 inches into the required 8-foot side yard setback. The applicants further propose the addition of up to three off-street parking spaces next to the garage. The Planner/Urban Designer stated that staff has reviewed this application in light of the criteria established for deviations, and the staff's comprehensive findings are contained in the 07-20~98 .. - -.---- -- .... ______n_ .~~ - 14 - written staff report. He then indiated that, as a result of that review, the staff has forwarded a recommendation for approval, subject to five conditions. The Planner/Urban Designer stated that the next door neighbor was initially concerned about how the proposed second floor deck might impact the privacy of her home. She noted, . however, that after the lady reviewed the site plans, she supported the proposed project. Mr. Eric Boswell, applicant, stated that under this proposed project, additional off-street parking will be provided for the existing tri-plex, and that should benefit the neighbors. No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Certificate of Appropriateness with deviations from Sections 18.18.050 and 18.50.160 of the Bozeman Municipal Code, as requested by Eric S. Boswell and Alicia A. Bradshaw, under Application No. Z-9876, to allow an addition to encroach 5 feet 2 inches into the required 8-foot side yard setback and to allow expansion of a non-conforming structure which currently encroaches 7 feet into the required 8-foot side yard setback on Lot . 4, Block 1, Rouses' Third Addition, subject to the following conditions: 1. The proposed door leading to the second floor deck be of a similar historic style to the existing residence doors. The proposed door shall match in trim and color the palette of the existing residence. The applicant shall provide a detailed drawing of the proposed door to the Planning Office for review. 2. The modified existing carriage garage elevation, after the removal of the shed shall match the existing residence in color, trim and materials. 3. The applicant shall obtain a demolition permit from the Building Department prior to the demolition of the existing carriage shed. 4. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall be null and void. 5. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and . approval by the Planning Office prior to 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 Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. 07-20-98 - --.-. .----=-----..------ . - --_no _.___._ - 15 - Public hearina - Certificate of ADproDriateness with variances from Sections 18.12.050.A.1 and 18.50.050.C. Bozeman MuniciDal Code. to allow heiaht of new garaae to exceed crinciDal structure bv 7 feet 4 inches and encroach 10 feet into 25-foot side yard and from Administrative Policv 96-03 to allow detached accessory building to exceed 720 SQuare feet on the E% of Lot 32 and Lots 33-35. Mount Baldy Subdivision - Mario Del Duca. 1405 Bridaer Drive (C-9806) This was the time and place set for the public hearing on a Certificate of Appropriateness . with variances from Sections 18.12.050.A.1 and 18.50.050.C of the Bozeman Municipal Code and Administrative Policy 96-03, as requested by Mario Del Duca under Application No. C-9806, to allow construction of a new detached garage on the East one-half of Lot 32 and Lots 33 through 35, Mount Baldy Subdivision. The subject property is more commonly known as 1405 Bridger Drive. Mayor Stiff opened the public hearing. Planner/Urban Designer John Sherman presented the staff report. He reviewed the three requested variances, as follows: 1. From Section 18.12.050.A.1. of the Bozeman Municipal Code, to allow the garage to encroach 10 feet into the required 25-foot side yard setback; . 2. From Section 18.50.050.C. of the Bozeman Municipal Code, to allow an accessory structure to exceed the height of the principal structure by 7 feet 4 inches; and 3. From Administrative Policy 96-03, to allow construction of a 960-square- foot accessory building, thus exceeding the permitted 720 square feet. The Planner/Urban Designer noted that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court, and the staff's comprehensive findings are contained in the written staff report which was included in the Commissioners' packets. He noted that the applicant has proposed a 960-square-foot garage with a loft, for a total of 1,400 square feet; and the existing single-family structure on the site is a single-story structure with 1,700 square feet. He further noted that staff has received one letter not in support of the project, from Mr. J. Russell Williams, Jr., 1705 Bridger Drive, forwarding his concern about how this structure might impact the character of the existing subdivision. He . concluded his presentation by forwarding staff's finding that this application does not meet the variance criteria. He concluded by reminding the Commission that four affirmative votes are needed for approval of a requested variance. Commissioner Rudberg noted that in his letter, Mr. Williams seems to express more concern about what the proposed garage is to be used for than for the structure itself. She 07-20-98 - 16 - stated that, since the area is not zoned to allow working on other people's cars, she feels this concern can be adequately addressed under the City's zone code. No one was present to speak in support of or in opposition to the requested variances. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. . Commissioner Rudberg stated her support for approving the requested variances for a number of reasons. She noted that the existing house has an unusually low roofline, and it is located on a lot with barns and sheds located in close proximity. She also noted that the proposed structure is to be set back from the street, in an area with trees, so it won't be readily visible from the road. She then stated that the applicant proposes to house his antique cars in the new garage, thus alleviating the concerns raised by Mr. Williams. She also forwarded her beief that there should be some respect for people's property rights and, since the neighbors don't seem to have a problem with it, she feels approval of the variances is appropriate. Commissioner Smiley stated that she visited the site and surrounding area and found a significant number of strutures behind some of the homes in this area. She then indicated her . support for this project, noting it will give the applicant an opportunity to store his antique cars at his home. Mayor Stiff stated he carefully reviewed the area and feels the request is appropriate. Commissioner Youngman stated that, while she recognizes the merits of the proposed project, it does not meet the three criteria established by the Montana Supreme Court. She then suggested that if this plan were to be slightly modified and brought back as a deviation, she could probably support it. Commissioner Frost stated his concurrence with Commissioner Youngman's comments, stressing that the three criteria established by the Montana Supreme Court for consideration of variances must be met before an application can be approved. He stated that he would be willing to give favorable cosideration to an application for deviations for this project. . It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness with variances from Sections 18.12.050.A.1 and 18.50.050.C of the Bozeman Municipal Code and Administrative Policy 96-03, as requested by Mario DelDuca under Application No. C-9806, to allow construction of a new detached garage on the East one-half of Lot 32 and Lots 33 through 35, Mount Baldy 07-20-98 --....- n _.___ ____... - 17 - Subdivision. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Smiley and Mayor Stiff; those voting No being Commissioner Frost and Commissioner Youngman. . Public hearina - COA with deviations from Sections 18.50.050. 18.16.050 and 18.50.120. to allow new detached aaraae to encroach into 1 a-foot rear yard setback and aarage and parking pad to encroach 6 feet into 8-foot side yard setback and reduction of parkina from 3 to 2 spaces on Lots 8-10. Block 32. Capitol Hill Addition - Mike and CindY Harrelson. 1119 South Third Avenue (Z-98112) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviations from Sections 18.50.050, 18.16.050 and 18.50.120 of the Bozeman Municipal Code, as requested by Mike and Cindy Harrelson, under Application No. Z-98112, to allow construction of a new detached garage which encroaches 10 feet into the required 10- foot rear yard setback, the garage and parking pad to encroach 6 feet into the required 8-foot side yard setback, and to allow a reduction of parking spaces from 3 to 2 spaces on Lots 8 through 10, Block 32, Capitol Hill Addition. The subject property is more commonly known as 1119 South Third Avenue. . Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, a deteriorated garage is to be removed and replaced with a new garage on approximately the same footprint. He briefly reviewed the deviations required in conjunction with this proposal, noting that staff has reviewed these deviations in light of the criteria established in the Bozeman Municipal Code, and the staff's comprehensive findings are contained in the written staff report which was included in the Commissioners' packets. He then highlighted staff's findings, noting that other garages in the area are in similar locations. He concluded by noting that approval of the requested deviations will allow the small, nicely landscaped rear yard to remain intact. Mr. Mike Harrelson, applicant, stated that he has lived on this property for five years. . He noted that the existing garage is being held plumb with a cable and turnbuckle system, and he is not certain that it will withstand another winter. He then stressed that he intends to replace that structure with one that is historically consistent and architecturally pleasing, both for the site and the area. No one was present to speak in opposition to the requested deviations. 07-20-98 - 18 - Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Certificate of Appropriateness with deviations from Sections 18.50.050, 18.16.050 and 18.50.120 of the Bozeman Municipal Code, as requested by Mike . and Cindy Harrelson, under Application No. Z -98112, to allow construction of a new detached garage which encroaches 10 feet into the required 10-foot rear yard setback, the garage and parking pad to encroach 6 feet into the required 8-foot side yard setback, and to allow a reduction of parking spaces from 3 to 2 spaces on Lots 8 through 10, Block 32, Capitol Hill Addition, subject to the following conditions: 1. The applicant shall apply for and obtain a curb cut permit from the City Engineer's Office prior to obtaining a building permit to construct the garage, driveway, and curb cut on South Fourth Avenue. 2. In an attempt to make the new garage more compatible with the character of other historic garages in the immediate vicinity, the applicant shall seriously investigate the possibility of reducing the overall height of the new garage, even if only by a foot or so. 3. In an attempt to better retain the existing historic architectural character of the site, the applicant shall seriously consider the possibility of reusing . one or both of the existing historic garage doors, and the existing pedestrian door. 4. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 5. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to 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 Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Public hearing - COA with deviations from Sections 18.18.030 and 18.50.120 to allow existing . four-plex to remain on proposed subdivided lot that does not meet minimum lot reauirements and to reduce Darking reauirements from 9 to 0 SDaces on Lot 13. Block 5. Babcock & Davis Addition - Matthew Crocker. 328 North Church Avenue (Z-98114) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviations from Sections 18.18.030 and 18.50.120 of the Bozeman Municipal Code, as requested by Matthew Crocker under Application No. Z-98114, to allow an existing four-plex 07-20-98 _n___ - ....-.- - 19 - to remain on a proposed 6,000-square-foot subdivided lot that does not meet minimum 12,000-square-foot lot requirements and to reduce the parking requirements from 9 spaces to o spaces on Lot 13, Block 5, Babcock and Davis Addition. The subject property is more commonly known as 328 North Church Avenue. . Distributed just prior to the meeting was a letter from Robert Dougherty, representing the applicant, withdrawing this application from consideration. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission acknowledge receipt of the letter of withdrawal, received on July 17, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Public hearina - Zone Code Amendment - Edward C. McCrone - amend Section 18.34.020.A.. Bozeman MuniciDal Code. to add "auditorium/theater (excluding drive-in)" and "residential condominiums" as princioal uses in the "M-1" district (Z-9871) This was the time and place set for the public hearing on the Zone Code Amendment . requested by Edward C. McCrone under Application No. Z-9871, to amend Section 18.34.020.A. of the Bozeman Municipal Code, to add "auditorium/theater (excluding drive-inl" and "residential condominiums" as principal uses in the "M-1", Light Manufacturing, District. Mayor Stiff opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She summarized the applicant's reasoning for this application, noting that it is "to make better utilization of existing buildings with existing side yard setbacks and their unique architecture". She then stated that, on several occasions, the applicant was advised that the Planning Staff could not support this application or his application for rezoning, which is the subject of the next public hearing. The Assistant Planning Director stated the intent of the "M-1" zoning district is to . provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. She noted that a diverse list of uses is also allowed within the district. Assistant Planning Director Arkell stated that staff reviewed this application in light of the twelve criteria set forth in the State statutes, and the staff's comprehensive findings are 07-20-98 - 20 - contained in the written staff report, which has been included in the Commissioners' packets. She noted that the applicant's submittal, which was also included in the Commissioners' packets, contains his responses to the twelve criteria. She cautioned, however, that those responses pertain only to his property while City staff, the Planning Board and the Commission . must review the application as it impacts all "M-'" zoned properties in the community. The Assistant Planning Director briefly highlighted the staff findings, noting that the proposed "M-1" zoning designation is compatible with the Business Park/Industrial land use designation; however, some of its uses are not in accordance with that designation. She then stressed that the mix of residential and industrial uses is not new; however, it can raise many public health, safety and welfare issues. She suggested that, in an effort to ensure that those issues are adequately addressed, uses such as "auditorium/theater" should be subject to a planned unit development or, at a minimum, a conditional use permit review process. She also suggested that "residential condominium" uses should also be reviewed on a case-by~case basis, particularly in light of the conflicts that can arise between residential and industrial uses. Assistant Planning Director Arkell stated that the City-County Planning Board conducted . its public hearing on this application at its July 7 meeting. At that time, four members of the public spoke in opposition to the proposed zone code amendment, expressing concerns about traffic, preservation of the residential character of the area, and the appropriateness of light industrial uses in the area. Two members of the public spoke in support of the proposed theater being located at The Mill. She noted that, following the public hearing, consideration of the twelve criteria and review of the staff findings, the Planning Board forwarded a recommendation for denial of the application. Mr. Ed McCrone, applicant, stated that he forwarded this zone code amendment application in response to an opportunity for The Mill to house the Equinox Theatre Company and how that could benefit the entire community. He stated that when The Mill property was annexed five years ago, he was advised to seek a "BP", Business Park, zoning designation for . this property, recognizing that the planned unit development could then allow for the types of uses he was proposing at the time. He noted, however, that when he began the concept plan process in 1994, he realized that going through the planned unit development process was not cost effective for this property. He stated that, as a member of the Design Review Board, he 07-20-98 .- - 21 - realizes the many steps involved in the planned unit development process and the costs and time attached to each of those steps Mr. McCrone characterized The Mill as a unique site, noting that the code doesn't seem to apply very well to this site and the desired re-use of the existing buildings. He stated that, . because of all the facets involved. he felt that pursuing this zone code amendment and the attendant zone map amendment was the most appropriate way to ensure re-use of the site. Mr. McCrone recognized that he responded to the criteria in the State statutes as they pertain to his particular parcel, stating he feels there are some permitted uses in the "M~ 1" district that would be appropriate on his property, with many of them being similar to the additional uses which he has proposed. He also suggested that living units within this development could help to buffer surrounding residential areas. He characterized the mixture of uses as not a new idea, citing the downtown area as an example. Mr. McCrone recognized that economics will drive the redevelopment of The Mill. He asked, however, that he be provided as much flexibility as possible to allow that to occur. He stressed that, in any redevelopment proposal, he will carefully consider the concerns which . have been expressed by residents on Hillside Lane. Responding to Mr. McCrone, Staff Attorney Cooper stated that the Commission may consider adding "auditorium/theater" and "residential condominiums" separately if they so choose. Ms. Cindy Mernin, 1311 Hillside Lane, stated she is opposed to both this requested zone code amendment and the zone map amendment which is the subject of the next public hearing. She stated the "light manufacturing" zoning designation is not appropriate for the area, particularly since there are no other businesses on the east side of Story Mill Road except Lawson's Greenhouse on Hillside Lane. She suggested that the proposed rezoning would compromise the integrity of the neighborhood. She expressed concern that allowing activities which would draw traffic to the area would be disruptive to this quiet residential neighborhood. . Ms. Mernin stated she is disappointed that more has not been done to The Mill over the five years that Mr. McCrone has owned it. She characterized the site as very unique and in a very precarious period of transition. Ms. Mernin noted that the Stockyard Cafe, which is located across Story Mill Road from the subject site, is unique and endemic to the area and questioned whether another restaurant 07-20-98 ____ __n. __.....__. _ - 22 - is needed in such close proximity. She concluded by encouraging the Commission to not approve the applications under consideration. Mrs. Theresa Moore, Hillside Lane, stated she is new to the area. She forwarded her opposition to the requested zone code amendment, characterizing it as allowing one person to . work into his niche. Since there were no Commissioner objections, Mayor Stiff closed the pUblic hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission deny the Zone Code Amendment requested by Edward C. McCrone under Application No. Z-9871, to amend Section 18.34.020.A. of the Bozeman Municipal Code, to add "auditorium/theater (excluding drive-in)" and "residential condominiums" as principal uses in the "M-1", Light Manufacturing, District. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Public hearing - Zone MaD Amendment - Edward C. McCrone - amend the zoning desianation . from "BP" to "M-1" on 14.2-acre tract known as COS No. 1877 (2150 Story Mill Road) (Z-9870) This was the time and place set for the public hearing on the Zone Map Amendment from "BP", Business Park, to "M-1 ", Light Industrial, as requested by Edward C. McCrone under Application No. Z-9870, on the 14.2-acre tract known as Certificate of Survey No. 1877. The subject property is more commonly located at 2150 South Story Mill Road. Mayor Stiff opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She noted that, included in the packets, were letters of support for this zone map amendment from Jim Bowles, President of the Bozeman Livestock Sales Company; Terry Morvay, owner of The Bridger Blacksmith; and Carroll and Vera Henderson, 2140 Chambers Drive. She stated that the purpose of this application, as stated by Mr. McCrone, is to "encourage the most appropriate . use of land and existing buildings, making full utilization of and preserving their unique character" . She noted that the site currently contains several structures, including a single- family residence, a wood barn, warehouses, a grain elevator and silos. The Assistant Planning Director noted that when the subject property was annexed, it was zoned" AS", Agricultural Suburban, and "RS", Residential--Suburban Country Estates, and 07-20-98 . -....-- -- ._"-~_._--_..-_-_. -.-- -_.,,- - 23 - that zoning was changed to "BP", Business Park in conjunction with the annexation. She stated that when the zoning was changed, the "BP" zoning was found to be in compliance with the twelve criteria established in the State statutes. She also noted that this zoning designation can serve as a buffer between the stockyards and the single-family residential area to the east . while allowing for appropriate types of adaptive re-use of the existing buildings and site. The Assistant Planning Director stated that the staff has advised the applicant that going through the planned unit development process would be in the best interests of the community and the site. She noted that staff has reviewed this application in light of the twelve criteria set forth in State statutes, and the staff's comprehensive findings are contained in the written staff report, which was included in the Commissioners' packets. She indicated that the staff report also contains a listing of the permitted uses in the "BP" and "M-1" zoning districts, noting that the "M-1" uses are more industrial and intense commercial activities. Assistant Planning Director Debbie Arkell stated that the City-County Planning Board considered this application at its meeting held on July 7. She stated that, following the public hearing and consideration of the twelve criteria and staff findings, the Planning Board . forwarded a recommendation for denial. Mr. Ed McCrone, applicant, stated that the buildings on this site were constructed between 1882 and 1947, and The Mill is shown on a map of Bozeman drawn in 1898. He noted that at that time, The Mill was located quite a ways outside town. He then showed the Commission a series of pictures taken from The Mill site, looking different directions. He identified the different types of uses which exist immediately around the site, noting they cover a broad range. Mr. McCrone stated he is seeking the "M-1" zoning designation to make redevelopment of the site more viable. He noted that the existing "BP" zoning is not a viable alternative for redevelopment. He recognized that with a planned unit development, the "BP" zoning may allow for viable redevelopment; however, he stated he cannot afford to pursue that alternative . at this time. He stressed that, even with this requested zone map amendment, his visions of how the site will be redeveloped have not changed. He noted that, since 1993, he has advocated mixed uses on the site. Mr. McCrone noted that some on-site restrictions will limit the types of uses on the site, even under the requested "M-1" zoning. He stated that a significant portion of the site is 07-20-98 - 24 - located on a hillside, and available parking is limited. He concluded by encouraging Commission approval of this zone map amendment, emphasizing that he is cognizant of the concerns of the neighbors to the north, east, south and west. Ms. Rachel Wallace, 401 South Willson Avenue, stated she currently operates a small . business in a portion of The Mill. She noted that she is a member of the Historic Preservation Advisory Board, and she enjoys operating a business in this affordable historic structure in Bozeman. She forwarded her support for the requested "M-1" zoning, stating it will help to ensure the preservation and re-use of this property. Ms. Wallace recognized that redevelopment of this site would be ideal for someone with lots of money to carry out the beautiful plans and ideas. She cautioned that if the buildings remain vacant, they will deteriorate, and she feels it is important to preserve the fiber of this portion of the community. She stated that, while she is not opposed to the planned unit development process, she understands it is a more time-consuming and costly process than the zone map amendment process. Mr. Terry Morvay, owner of The Bridger Blacksmith, stated his business is located . approximately 600 feet north of the subject property. He encouraged the Commission to approve this application, stating he feels there are adequate provisions in the building codes and the planning and zoning regulations to ensure that appropriate redevelopment occurs. Mr. Morvay stated there are several other sites in Bozeman that could be redeveloped as historic structures, including the Northern Pacific depot, the Milwaukee depot and the Willson School. He encouraged the Commission to consider the benefit that redevelopment of this site would have for the entire community, particularly in this area that already has a significant mixture of uses. Mr. Don Collins, 1970 Hillside Lane, stated he has lived in his current home since 1968 and characterized himself as a "relative newcomer" because others have lived there for longer periods of time. He noted that when Mr. McCrone purchased this property in 1994, he met . with the neighbors to discuss his intent for the property and the type of zoning that would be appropriate. He noted that the neighbors supported the requested rezoning to "BP" and recognized that it would provide a good buffer between the stockyards and the residential area. He noted that with this application, however, Mr. McCrone has not approached the neighbors but has proceeded through the public hearing process without talking to them. 07-20-98 ---------- ---.------- ._ n.._.___._.___..." .".._. - 25 - Mr. Collins stated that Mr. McCrone can do everything he has indicated he wants to do under the "BP" zoning designation by simply going through the planned unit development process, and he feels that is more appropriate than the requested change in zoning. He stressed that he has no objections to a theater or restaurant in The Mill. . Mr. Collins stated that, while Mr. McCrone may have the best intentions and ideals for redevelopment of the site, it is possible that if the property is rezoned to "M-1" and subsequently purchased by another developer, the type of redevelopment occurring on this property could be inappropriate for the area. He then noted that the recycling business which operated at this site created some problems for the neighbors because of the trash which blew from the site into their yards. Mr. Collins characterized Hillside Lane as one of the most beautiful residential areas in the valley, noting that they have beautifully landscaped and well-maintained yards. He also characterized Story Mill Road as the dividing line between residential and industrial uses. Mr. Collins concluded by encouraging the Commission to deny this requested zone map amendment. He stressed that he does support the proposed theater and restaurant uses at The . Mill; however, he feels the planned unit development process would be a more appropriate mechanism for allowing those uses on this site. Mr. Art Morrow, 1505 Hillside Lane, stated he is opposed to the requested "M-1" zoning designation. Ms. Michele Cusack, 1320 Hillside Lane, stated she lives adjacent to The Mill. She forwarded her opposition to the requested zone map change, noting that she has no objection to the proposed uses but feels that the "BP" zoning designation gives the protection which the area deserves. Mr. Gerald Mernin, 1311 Hillside Lane, stated he is opposed to the requested rezoning. He noted that Mr. McCrone has adequate flexibility under the existing zoning to redevelop the subject site without creating unnecessary congestion for the residents in the area. . Mr. Tom Moore, 1309 Hillside Lane, stated he works for the environmental health section of the City-County Health Department. He noted that he has written a letter about the lack of septic facilities for the property, and stated that the Stockyard Cafe currently operates on a holding tank, which is contrary to regulations. He stated that these situations illustrate the problem with existing infrastructure in this area. He then noted that if the subject property 07-20-98 - 26 - is rezoned "M-1", it could trigger the need for extension of sewer lines to the area. He expressed concern that if the sewer lines are extended, the residents along Hillside Lane could be included in a special improvement district, and a majority of the residents don't want those services and cannot afford to pay for them. . Mr. Ed McCrone stressed that he is very cognizant of the neighborhood concerns. He also stressed that he is not proposing any changes in his plans for redevelopment of The Mill; he is simply trying to streamline the process. Responding to Commissioner Rudberg, Assistant Planning Director Arkell stated that the uses which Mr. McCrone is proposing under this zone change were also discussed under the original concept planned unit development proposal submitted a few years ago. She then stressed that a single-use planned unit development could be sought without triggering the requirement to submit a plan for the entire site. She cautioned, however, that infrastructure issues remain a staff concern as proposals for redevelopment are considered. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Commissioner Rudberg stated she shares Mr. McCrone's vision for this property, noting . it is one of her three favorite places in Bozeman. She recognized that zoning cannot be conditioned, and she is concerned that if the property were rezoned to "M-1" and someone else were to purchase it, a casino could be developed on this site. She also recognized that the installation of infrastructure to make redevelopment of this site possible is very expensive. She then noted that if the planned unit development process had been initiated when this property was annexed in 1994, the problems with the proposed uses for this site would not have arisen today. Commissioner Youngman stated her concurrence with Commissioner Rudberg's comments. She noted that the neighbors have indicated support for the types of uses which Mr. McCrone is proposing, however, the requested "M-1" zoning does not seem to be the best mechanism for allowing those uses to occur on this site. She noted that, historically, most . conflict situations have arisen with "M-1" zoning near residential neighborhoods, and she feels that it is not appropriate to create another situation of that type. She then suggested that the planned unit development process seems to be the most appropriate one in this situation. Commissioner Smiley characterized this as an unusual situation, noting that the neighborhood has been supportive of Mr. McCrone's proposed redevelopment of the site, 07-20-98 ..-- - 27 - although it is not supportive of the mechanism he has chosen for implementing it. She then encouraged him to take advantage of that support and pursue the planned unit development. Mayor Stiff stated the Commission must consider what is best for the community, and he feels the proposed "M-1" zoning is not. He then indicated his concurrence with the . comments forwarded by the other Commissioners. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission deny the Zone Map Amendment from "BP", Business Park, to "M-1", Light Industrial, as requested by Edward C. McCrone under Application No. Z-9870, on the 14.2-acre tract known as Certificate of Survey No. 1877. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Adiournment - 8:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be . adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. ~~I;~Yor-V~;/ ATTEST: ~ -- . 9d:- ;j~~~ ROBIN L. SULLlY AN '" Clerk of the Commission . 07-20-98