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HomeMy WebLinkAbout1996-11-18 Minutes, City Commission ---- __u____._._ __ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 18, 1996 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 18, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stueck asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Stiff requested that Commission Resolution No. 31 54 be removed. Minutes - December 4. 1995 October 28. November 4 and November 12. 1996 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . minutes of the meetings of December 4, 1995, October 28 and November 4, 1996, be approved as submitted and that the minutes of the meeting of November 12, 1996 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Decision - Zone Code Amendments - Chapter 18.65 of the Bozeman MuniciDal Code. the sign code This was the time and place set for the decision on the comprehensive amendments to Title 18 of the Bozeman Municipal Code, as initiated by the City Commission under Application No. 2-9663, pertaining to Chapter 18.65, the City's sign code. . It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the decision on this item be tabled to the December 16 meeting, to allow the Mayor and staff to work with sign owners whose signs do not currently comply. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. 11-18-96 - 2 - Ordinance No. 1434 - amendina sections of ChaDter 18 of the Bozeman MuniciDal Code. Drovidina for accessory dwelling units in sDecified residential zones. and amending the DUrDOSe and membershiD of the Design Review Board (DRB) and Administrative Desian Review (ADR) staff Previously included in the Commissioners' packets was a copy of Ordinance No. 1434, as approved by the City Attorney, entitled: . ORDINANCE NO. 1434 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1424, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 18.10.020, 18.12.020. 18.14.020, 18.50.020, 18.51.010, 18.52.020 AND 18.58.020; PROVIDING FOR ACCESSORY DWELLING UNITS IN SPECIFIED RESIDENTIAL ZONES; AMENDING THE PURPOSE OF THE DESIGN REVIEW BOARD, ADMINISTRATIVE DESIGN REVIEW STAFF AND THE DEVELOPMENT REVIEW COMMITTEE; REVISING THE MEMBERSHIP OF THE DESIGN REVIEW BOARD; AND REVISING MEMBERSHIP REOUIREMENTS FOR THE ADMINISTRATIVE DESIGN REVIEW STAFF. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Ordinance No. 1434 be finally adopted, amending the zone code to provide for accessory dwelling units in specified residential zones, and amending the purpose and membership of the . Design Review Board and the Administrative Design Review staff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Year-end budaet review for Fiscal Year 1995-1996: authorize Mavor to sign attendant budaet amendments At Mayor Stueck's request, Administrative Services Director Gamradt provided an overview of the amendments forwarded in his memo, dated November 7, 1996. He noted that the adjustments reflected in these amendments are the result of the independent audit recently completed on the City's financial records for Fiscal Year 1995-1996. He noted that some of . the individual budget units exceeded the appropriation authorities, and the amendments reflected in this memo eliminate those overages. He noted that the additional spending authority may be provided either through the transfer of unexpended authority from other budget units or through additional spending authority, and he has chosen transfers wherever possible. He noted that some of the amendments are very small while others are quite large. 11-18-96 -==::II""" .-.-------..---.......---..... ..- - 3 - The Administrative Services Director noted that at the end of his memo, he has provided a financial summary of each of the City's funds. He recognized that the balances in each of those funds has decreased during the past fiscal year, due in large part to extraordinary activities and expenses. He stated that those extraordinary costs should decrease during the . next fiscal year, resulting in a more stable balance in the future. Responding to questions from Mayor Stueck, the Administrative Services Director indicated that unexpended monies from the City Commission budget unit were transferred to the Police Department budget unit to cover expenditures over the appropriation level. He noted that, through the use of transfers, the spending authority does not become inflated. Further responding to the Mayor, he confirmed that these amendments result in revised appropriations of slightly over $32 million for Fiscal Year 1995w 1996, which is higher than the amount appropriated for Fiscal Year 1996-1997. Responding to Commissioner Stiff, the Administrative Services Director stated that these amendments will not affect the past year's budget, but will be reflected in the comparison of budget to actual in the financial statements. . It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission acknowledge receipt of the year-end budget review, and authorize and direct the Mayor to sign the attendant budget amendments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Commission Resolution No. 3154 - Droviding for the sale of real DrODertv known as the "Havnes Buildina". located at 801 North Wallace Avenue Included in the Commissioners' packets was a copy of Commission Resolution No. 3154, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3154 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE SALE OF REAL PROPERTY KNOWN AS THE "HAYNES BUILDING", LOCATED AT 801 NORTH WALLACE AVENUE. City Manager Wysocki reminded the Commission that Commissioner Stiff had requested that this item be removed from the Consent Items for discussion and to allow staff 11-18-96 -. -. --.- --- ----- - 4 - an opportunity to more closely review the offer for purchase of the Haynes Building in light of the appraisal of that property. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission table action on this resolution for a period of two weeks, to allow staff time to . more closely review the offer for purchase in light of the appraisal. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Letter from Jennifer Smith Mitchell, Chair of the 1994-1996 Bozeman City Government Study Commission, dated November 11, forwarding a supplementary list of recommendations regarding the city government. (2) Minutes from the Historic Preservation Advisory Board meeting held on . October 29, 1996. (3) Minutes from the Montana Transportation Commission meeting held on September 25 and 26 and the telephone meeting held on October 10, 1996. The City Manager highlighted some of the items contained in the minutes, and encouraged the Commissioners to review them carefully. (4) Anonymous letter, dated November 8, regarding a living situation on Ice Pond Road. Mayor Stueck raised concern about receiving an unsigned letter. City Attorney Luwe noted the letter was addressed to the Commission and, therefore, staff has no authority to withhold it. He then indicated the Commissioners may assign what they deem the appropriate amount of credibility to each unsigned letter. . (5) Letter from the Montana Department of Transportation, dated November 13, announcing a public hearing on the adoption of Railroad Administrative Rules scheduled for 9:00 a.m. on Monday, December 16, in Helena. Responding to Commissioner Rudberg, the City Manager stated he does not know what type of changes are being proposed; however, he indicated that City staff will review the 11-1 8-96 ------..-..-. _._--- .. --. -.--.---.....------- u_.__.._.___ - 5 - information contained in the notice and provide the necessary responses. He then agreed to let the Commissioners know if they should plan to attend the hearing. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, November 19, in the Commission Room. . (7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, November 19, in the Commission Room. (8) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, November 21, in the Commission Room. (9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, November 19, at the Courthouse. (10) The City Manager submitted his weekly report, as follows. (1) Attended the meeting with legislators in Manhattan on Wednesday evening. He noted the importance of getting legislators to sponsor bills on behalf of the Montana League of Cities and Towns as well as gaining their support. (2) Reminded the Commissioners that the Interagency Breakfast will be held at 7:00 a.m. on Wednesday, November 20, at the Bridger Bar-B-Q. (3) Announced that . the City Hall team and the Fire Hall team bowled for Big Brothers and Big Sisters over the weekend, raising a total of over $4,000 for that program. (41 Announced that Dave Miller won the pizza for early participation in the City's payroll deduction program. (51 Announced that he, Assistant City Manager Ron Brey, Personnel Director Pattie Berg, Director of Public Service Phill Forbes, and Administrative Services Director Miral Gamradt met with graduate students from MSU. (6) Announced that the City was represented at the Bozeman Creek Water Users' annual meeting. (7) Stated that in late October, divers in wet suits made repairs to the rubberized fabric cover on the Lyman Creek reservoir. He noted that the cover was projected to last seven years; the cover has now been on the reservoir for nine years and, with the minor repairs just made, it is anticipated the cover will last another two or three years. (11) Commissioner Youngman stated that, following the legislative meeting, she, . County Commissioner Jane Jelinski, and a couple of people from other communities recognized the incompleteness of the meeting and discussed the next step. She suggested that the next step should be talking to legislators and determining their positions on issues in which local government is interested. During discussion, the Commissioners identified the legislators they would be willing to contact to discuss the various issues. Commissioner Youngman indicated 11-18-96 - 6 - she will forward that information to County Commissioner Jelinski, so she can coordinate the efforts. (12) City Attorney Luwe submitted the following. (1) Stated that he has provided possible motions for each of tonight's public hearings to the Commissioners. (2) Announced . that a copy of the unemployment compensation decision on Glynda Bouldin's application has been laid on each Commissioner's desk. (3) Noted that, included in the Commissioners' boxes, is a copy of a letter he has sent to local legislators encouraging them to vote against Senate Joint Resolution No.4, which would eliminate the requirement for legislative histories on bills. ( 13) Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, noted that the Chamber and the Museum of the Rockies have a substantial amount of items stored at the Haynes Building, and asked for adequate lead time if the City decides to sell the facility. (14) Commissioner Youngman asked several questions about the request for qualifications for the new dam on Sourdough Creek, noting the scope seems to go well beyond what was anticipated in this fiscal year. . The City Manager stated that the request was written to attract a firm that would oversee the entire project, not just the first small piece of it. (15) Commissioner Rudberg asked who determines whether signs for Bozeman's historic downtown are to be erected along the interstate. The City Manager responded that the Montana Transportation Commission is responsible for approving signs erected along the interstate. He then noted that signs erected along roadways leading from the interstate into the community are the responsibility of the local Department of Transportation office. Consent Items . City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "World AIDS Day" - December 1. 1996 Amended plat to subdivide Lot 1. Block 2. Graf's First Subdivision into two lots - Embrv Minor Subdivision; cer conditions recommended bv Planning Board (near intersection of Kaay Boulevard and Highland Boulevard) (P.9648) Authorize Mayor to sian - Findinas of Fact and Order - Amended Plat for Phase 1 and Preliminary Plat for Phase 11. Babcock Meadows Subdivision (resubdivide 27.21 acres located along south side of West Babcock Street. immediately 11-18-96 ------ - 7 - north of Main Mall. into 55 single-familY residential lots. 8 multi-familY lots. and 16 townhouse lots) (P-9638) Authorize City Manager to sian - Public Access and Utilities Easement for West Babcock Street and West Mendenhall Street - Steve McGouah for Wheeler Mobile Home Park Subdivision Riaht-of-Way Aareements for 15-foot-wide construction and back slope easement for . West Oak Street - Brentwood Homeowners' Association and Garrity Homes. Inc. (along south side of West Oak Street. west of North 19th Avenue) Authorize City Manaaer to sian - Riaht-of-Way Agreement for Parcel Nos. 1 and 2 - North 7th Avenue/West Tamarack Street intersection improvements - Amerco Real Estate Company (formerly U-Haul Real Estate Company) Set deferred compensation for Clerk of Commission at $100.00 per month for Fiscal Year 1996-1997 Authorize absence of Commissioner Rudberg from meetina of November 25. 1996. in compliance with Section 7-3-4322(2), M.C.A. Claims It was 'moved by Commissioner Stiff, seconded by Commissioner Frost, 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 Stiff, Commissioner Frost, Commissioner . Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Recess - 3:35 p.m. Mayor Stueck declared a recess at 3:35 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled pUblic hearings. . Public hearing - Zone Map Amendment - "R-3" to "R-O" - RQ Entercrises - lots 8 and 9. Block 3, Kirk Subdivision (north side of West Dickerson Street between South 19th Avenue and South 20th Avenue) (Z-9691) This was the time and place set for the public hearing on the Zone Map Amendment requested by RQ Enterprises, under Application No. Z-9691, to change the zoning designation on Lots 8 and 9, Block 3, Kirk Subdivision, from "R-3", Residential--Medium-density, to "R-O", 11-18-96 - ------------- ~ 8 - Residential--Office. The subject property is more commonly located along the north side of West Dickerson Street between South 19th Avenue and South 20th Avenue. Mayor Stueck opened the pUblic hearing. Assistant Planner Chris Saunders presented the staff report. He stated that the . subject lots are the two lots along the north side of West Dickerson Street. extending between South 19th Avenue and South 20th Avenue. He noted that "R-O" zoning is located to both the east and the west of the subject lots. The Assistant Planner stated that staff has reviewed this application in light of the twelve criteria established in the Montana Code Annotated, and the staff's comprehensive findings are contained in the written staff report which was previously distributed to the Commission. He noted that the City-County Planning Board conducted its public hearing on this application at its November 12 meeting and, following review of the twelve criteria and the public hearing, the Board concurred in staff's recommendation for approval. Mr. Vito Quatraro, representing the applicant, indicated that Mr. Wiegand is an elderly gentleman and unable to attend this hearing. He stated the applicant has owned the subject . property for many years and now wishes to change the zoning to allow for appropriate development of the lots. He noted that, given the number of four-plexes in that immediate area and the character of South 19th Avenue, a small professional office complex seems to be a much more appropriate use than multi-family residential development. He stated that, given the setback requirements for these two lots, it appears a 5,600 to 5,700-square-foot professional office complex could be accommodated on these lots, along with the necessary parking and site improvements. He noted that the proposed zoning is appropriate, since it is the same as the zoning on each side of the subject lots and it will allow for development which is consistent with the neighborhood. He concluded by encouraging Commission approval of this application. No one was present to speak in opposition to the requested zone change. . Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Zone Map Amendment requested by RQ Enterprises, under Application No. Z-9691, to change the zoning designation on Lots 8 and 9, Block 3, Kirk 11.1 8-96 .._. ._u.. _.~.. - 9 - Subdivision, from "R-3", Residential--Medium-density, to "R-O", Residential~~Office, and authorize and direct staff to bring back an ordinance enacting the zone change. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those . voting No, none. Public hearinq - Zone MaD Amendment - "R-2" to "R-O" - Dale l. Miller. et al. - Lots 15-22. Block A. MaDle Terrace Subdivision. and Lots 1 and 2. Homesites Subdivision (600-900 blocks of North 19th Avenue and Blackmore Place) (Z-9687) This was the time and place set for the public hearing on the Zone Map Amendment requested by Dale l. Miller, et a/., under Application No. Z-9687, to change the zoning designation on Lots 15 through 22, Block A, Maple Terrace Subdivision, and Lots 1 and 2, Homesites Subdivision, from "R-2", Residential--Single-family, Medium-density, to "R-Q", Residential--Office. The subject property is more commonly located along the east side of North 19th Avenue, extending north from its intersection with Durston Road. Mayor Stueck opened the public hearing. . Assistant Planner Jody Olsen presented the staff report. She stated that under this application, the zoning on ten lots is to be changed from single-family, medium-density residential to residential--office, thus allowing for the development of small office buildings along the North 19th Avenue frontage. The Assistant Planner noted that staff has reviewed this application in light of the twelve criteria established in the Montana Code Annotated, and the comprehensive staff findings are contained in the written staff report which was previously distributed to the Commission. She noted that the City-County Planning Board conducted its public hearing on this application at its meeting held on November 12, at which two members of the public spoke. Following its review of this application in light of the public comment and the twelve criteria for consideration of zone changes, the Planning Board, on a vote of 6 to 1, concurred . in staff's recommendation for approval of the zone change on Lots 15 through 22, Block A, Maple Terrace Subdivision, and Lot 1, Homesites Subdivision, but not on Lot 2, Homesites Subdivision. She noted that the dissenting member was not in opposition to the zoning, but felt that Lot 2 should be included in the zone change. 11-18-96 _.____ n___. .____ - 10- Mr. Dale Miller, applicant, indicated that he represents all property owners on Blackmore Place. He reviewed the map showing the location of the subject lots, noting that all but Lot 2, Homesites Subdivision, are located along North 19th Avenue. He stated that Lot 23, Block A, Maple Terrace Subdivision, which is owned by the City, is at the northeast corner . of the intersection of North 19th Avenue and Durston Road and is not included in this application. He indicated that all of the lots involved in this application, except for Lot 2, Homesites Subdivision, are vacant. Lot 2 contains a single-family home, immediately across the cul-de-sac from his home, and is accessed from Blackmore Place. Mr. Miller stated he filed the application for zone map amendment for two reasons. He suggested that the "R-O" zoning will allow for appropriate development of the lots. He noted that the subject lots are not appropriate for residential development; however, attractive office buildings could serve as a nice buffer between the existing residential development and North 19th Avenue, helping to decrease the noise which they currently encounter. He also noted that approval of this application will allow him to move his business office into the existing single-family residence. . Mr. Miller noted that, when he approached his neighbors about this proposed zone map amendment, many of them raised the issue of noise from North 19th Avenue. He noted that they also supported his proposal to change the zoning so that office buildings can be constructed along the North 19th Avenue frontage, and indicated support for his proposal to relocate his office to the existing single-family residence on Lot 2. He stated that if the buildings along the roadway cover 50 percent of the linear distance, the noise impacts to the residences will be reduced by approximately half, and their property values will stabilize. Mr. Miller asked that the Commission give consideration to rezoning of Lot 2, noting that he had specifically included it in the application. He stated that his business does not encourage walk-in traffic and, because it is a security business, he is on call 24 hours per day and must have immediate access to all systems information. He noted that some concern has . been raised about what type of business might relocate to that site under the proposed "R-Q" zoning if his business were to move. He stated that, since this lot is not located in a high traffic area but is located at the end of a cul-de-sac with no exposure, only a business similar to his would be interested in the location. He further noted that since it is at the edge of the 11-1 8-96 - .-----.- - 11 - subdivision and the edge of the city limits and abuts an "R-3" zoned area, rezoning of the subject lot from "R-2" to "R-Q" would not result in dividing the neighborhood. Mr. Dale Miller showed the Commissioners pictures of both his home and the single- family home on Lot 2, emphasizing that he feels it is important to retain the residential front . on that home to mitigate any potential impacts on the neighborhood. He emphasized that everyone in the subdivision has signed the petition in support of this change in zoning. He concluded by encouraging Commission approval of this application, including rezoning of Lot 2. Mr. Dan Klusmann, 827 Blackmore Place, stated he lives adjacent to Lot 2, and supports the rezoning as requested. He noted that the covenants for Maple Terrace Subdivision require single-family brick dwellings, and he does not anticipate that type of development will occur along North 19th Avenue at any time in the near future. He stated that he works in a very attractive professional office building which is unobtrusive to the adjacent residential area, and he feels a similar type of development would be appropriate on the subject lots. He noted that professional office buildings tend to attract little traffic, can typically be attractive and will serve to buffer the noise from North 19th Avenue. He concluded by encouraging support of . the application as submitted. Mr. Ruel Brown, 707 Blackmore Place, stated he has no objections to the proposed rezoning. He noted that professional office buildings would be better than apartment houses. Mr. James Palmer, 826 Blackmore Place, stated he has no objection to the requested rezoning, noting it is the logical thing to do. He noted that he also supports the rezoning of Lot 2, as requested. Mrs. Julie Eldridge Ferro, 705 Blackmore Place, stated she feels the requested rezoning will help to retain property values at their present levels. She expressed concern that if homes were constructed on the lots fronting on North 19th Avenue, which are quite small, they would be "crummy" houses. She stated that the proposed "R-Q" zoning is preferable and will allow for more appropriate development. . Mrs. Jennifer Smith Mitchell, 122 South Church Avenue, read into the record a statement on behalf of her husband, Bill Mitchell, who was the lone dissenting vote on the City- County Planning Board. She noted that the Commission approved a similar rezoning request in the previous agenda item. She further noted that the neighboring property owners have signed a petition in support of the requested rezoning, including Lot 2; and no one spoke in 11-1 8-96 .---..-----..-.- - 12 - opposition to its inclusion. She concluded by stating that both rezonings meet the same criteria, indicating that approval of the application as submitted will not set a precedent. Responding to Commissioner Youngman, Assistant Planner Olsen stated that both Durston Road and North 19th Avenue are arterials. Since the property is master planned for . residential development, under the planned unit development process, commercial development would be appropriate on the subject lots, except for Lot 2, under current zoning. She indicated that most of the arguments in favor of rezoning the lots fronting on North 19th Avenue when considering the twelve criteria for zone map amendments do not apply to Lot 2, mainly because it does not front on an arterial. She noted that, on that basis, staff recommended approval of the rezoning except on Lot 2, and a majority of the City-County Planning Board concurred with that assessment. Responding to Mayor Stueck, the Assistant Planner stated that through the planned unit development process, 20 percent of Lot 2 could possibly be used for commercial purposes. She noted that staff has worked with Mr. Miller regarding his desired use of the house on Lot 2 as the office for his business, and they were unable to identify any mechanism for that use . except the proposed rezoning to "R-O". Assistant Planning Director Debbie Arkell noted that certain offices are permitted as home occupations, however, that listing is restrictive and allows for only 20 percent of the home to be used for that purpose. She also stressed that the "R-O" zoning designation is considered a residential zoning designation, not a commercial designation. She further cautioned that if Lot 2 is rezoned to "R-O", any permitted use for that zone would be allowed on that lot. Responding to Mayor Stueck, the Assistant Planning Director stated that one access to North 19th Avenue is allowed for every two lots, thus requiring shared access. She acknowledged that the back of Lot 2 could be accessed from North 19th Avenue, provided an easement is obtained from the owners of Lot 1 and the adjacent lot. . Mayor Stueck forwarded his hesitation about approving the requested rezoning on Lot 2. He noted, however, that access to that lot from North 19th Avenue would help to alleviate some of his concerns. Commissioner Rudberg stated her willingness to support the requested as submitted. 11-18-96 ..-.---- ----.-.---.--......- - - 13 - She noted that in this instance, all of the neighbors support the request, and she feels it will not impact the integrity of the neighborhood. Commissioner Youngman stated that in most instances, she would be concerned about the idea of rezoning Lot 2 to "R-O", particularly since it could be construed as spot . zoning. She noted that, while she is concerned about the types of uses which could occupy Lot 2 under the "R-O" zoning, she feels it is important to also consider the neighbors' comments. She stressed that the Commission's decision must be based on the twelve criteria established in State statutes, and she feels that this application meets those criteria. Responding to Mayor Stueck, City Attorney Luwe stated that a zoning classification must be the same for all properties, noting that special conditions may not be placed on specific parcels. Assistant Planning Director Arkell noted that any office use on Lot 2 would be submitted to minor site plan review at a minimum. She also noted that a minimum of four off- street parking spaces must be provided if the home is converted to office use, and those parking spaces may not be located in the front yard or the side yard setbacks. She further . noted that, while backing into the street from a residence is allowed, it is not allowed for a commercial use; therefore, the garage could not be used to meet the off-street parking requirements. She then indicated that, under the "R-O" zoning, the existing single-family residence could continue as a residence. Commissioner Stiff stated he supports the Planning Board's recommendation. Mayor Stueck stated that, whenever possible, the Commission should carefully consider the neighborhood comments. He commended Mr. Miller for discussing his proposal with the neighborhood before bringing it to public hearing, noting it has made the process easier. He then stated that he is philosophically opposed to spot zoning and the potential land use conflicts it can create. He reiterated that, while he has reservations about this application, he will support it, particularly if access to Lot 2 is from North 19th Avenue. . Commissioner Stiff forwarded his concern about the potential impact that rezoning Lot 2 might have on traffic on Blackmore Place. He stated that, on that basis, he must support the Planning Board's recommendation. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. 11-18-96 .-..--. --.- ----- .-...-----.- -..--- ________..___.._. ___ .__ .. .._n .._ - 14 - It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the Zone Map Amendment requested by Dale L. Miller, et al., under Application No. Z-9687, to change the zoning designation on Lots 15 through 22, Block A, Maple Terrace Subdivision, and Lots 1 and 2, Homesites Subdivision, from "R-2", Residential-- . Single-family. Medium-density. to "R-O". Residential--Office. and authorize and direct staff to bring back an ordinance enacting the zone change. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No being Commissioner Stiff and Commissioner Frost. Public hearina - Zone Map Amendment - "AS" to "B-2". "M-1". "PU" and "R-4" - Euaene Graf III - Tracts C-1. C-2. D-1 and D-2. cas 1827. and that tract of land in Section 35. T2S. R5E. MPM described on Film 17. Pace 1115. official records of Gallatin County Clerk and Recorder's Office (167-acre Darcel on west side of North 19th Avenue between Baxter lane and the 1-90 interchange) (Z-9686) This was the time and place set for the public hearing on the Zone Map Amendment requested by Eugene Graf III, under Application No. 2-9686, to change the zoning designation on Tracts C-1, C-2, 0-1 and 0-2 of Certificate of Survey No. 1827, and the tract of land in . Section 35, Township 2 South, Range 5 East, Montana Principal Meridian, described on Film 17, Page 1115, in the official records of the Gallatin County Clerk and Recorder's Office. Under this application, the initial urban zoning designations on the subject 167::t -acre parcel are to be established as follows: from" AS", Agricultural..Suburban, to "R-4", Residential-- High-density, on 30.9 acres; from" AS", AgriculturalnSuburban, to "M-1", Light Manufacturing, on 54.2 acres, from "AS", Agricultural--Suburban, to "PU", Public Lands and Institutions, on 6.0 acres, and from "AS", AgriculturalnSuburban, to "B-2", Community Business, on 76.2 acres. The subject property is located along the west side of North 19th Avenue between Baxter Lane and the 1-90 interchange. Mayor Stueck opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She reviewed . the surrounding land uses and zoning designations, which include vacant" AS" land to the north, "AS" land to the south, single-family residential development to the west, and "M-1" land to the east, which has been developed as the Gardner Simmental Plaza. She indicated that City sewer services are available to the subject property, however, City water services currently are not. 11-18-96 - 15 - The Assistant Planning Director noted that Thomas Lane is located along the west boundary of the subject property. That roadway is located in a 30-foot-wide dedication with a 20-foot-wide pUblic access easement along the west side. She noted that this road serves thirteen single-family residential lots, twelve of which are developed, and no access to the . subject property is anticipated from that roadway. Assistant Planning Director Arkell noted that staff has reviewed this application in light of the twelve criteria established in State statutes, and the comprehensive staff findings are contained in the written staff report, which was previously distributed to the Commission. She stated that the City-County Planning Board conducted its public hearing on this application at its November 12 meeting. She noted that at that hearing, residents along Thomas Drive expressed concern about the proposed residential zoning across Thomas Drive from their homes, even single-family residential zoning, and forwarded a strong preference for "BP", Business Park, zoning instead. She stated that the applicant indicated a willingness to consider "R-4", Residential--High-density, "R-3", Residential--Medium-density , "M-1 ", Light Manufacturing, or "BP", Business Park, for the 30.9 acres at the southwest corner of the . parcel. Following that public hearing and review of the twelve criteria for consideration of zone changes, the Planning Board forwarded its recommendation for approval of the zone map amendments, with a change on the 30.9~acre parcel from the requested "R-4" to "BP", based on the public comment and the applicant's willingness to accept that zoning designation. The Assistant Planning Director stated that the Planning Board's recommendation for zone change is subject to the following two conditions: 1. The applicant shall provide the City of Bozeman with a metes and bounds description of each zoning designation before a Resolution to adopt the zoning is approved. 2. An ordinance to enact the zone change will not be processed until the time the property is annexed, and either: a) municipal water is available; b) municipal water is assured through creation of an SID or other acceptable financing method; or c) when a . community water distribution system is approved by the State with specific concurrence of the Department of Environmental Quality . This approval shall be effective for a period of three years from the date of City Commission approval. The Assistant Planning Director then stated that, due to concerns about how these conditions might impact his ability to proceed with subdivision and prepare for development of 11-1 8-96 -- ----- --.---.- - 16 - the subject property, Mr. Graf forwarded the following proposed conditions, in his letter dated November 14: 1. The applicant shall provide the City of Bozeman with a metes and bounds description of each zoning designation before a Resolution to adopt the zoning is approved. . 2. An ordinance to enact the zone change will not be processed until the time either the property is annexed, or annexation is applied for, and a waiver of protest for annexation is submitted. 3. Building permits will not be issued for any development on the property until either: a) municipal water is available; b) municipal water is assured through creation of an SID or other acceptable financing method; or c) when a community water distribution system is approved by the State with specific concurrence of the Department of Environmental Quality. This approval shall be effective for a period of three years from the date of City Commission approval. Assistant Planning Director Arkell stated that the subject 167:t -acre parcel is contiguous to city limits at its southeast corner. She then reminded the Commission that one of the conditions for approval of the zone map amendment for the Cape/France property two years ago was that an adequate potable water supply be assured prior to completion of the process, particularly since that parcel was identified as being in the Bozeman Solvent Site . plume. She reviewed Mr. Graf's proposed conditions, which reflect modification of the recommended conditions to ensure that he may proceed with the subdivision process. She noted that the zoning will not be implemented until the infrastructure is in place, and that will occur with the subdivision process. She then stated that the water issues are better addressed with either the subdivision process or an application for development, rather than during this zoning process. She concluded by forwarding support for Mr. Graf's proposed conditions, noting that they will not create the logistic problems that the original conditions could have. Mr. Gene Graf, applicant, stated his family purchased the subject property in 1976. In 1989, when discussions about use of demonstration funds for construction of the North 19th Avenue interchange began, it became evident that the interchange would be constructed . years ahead of the State's schedule. He noted that his family donated 13 % acres of road right- of-way, to be used as part of the City's match for the project, recognizing that this roadway would ultimately benefit development of their property. He stated that in 1992, he retained Fischer and Associates to develop a master plan for the subject property, including design guidelines, provisions for a property owners' association, site development, street alignments, 11-1 8-96 -.-----.--. .--. -...- - 17 - open space, wetland corridors and a greenbelt along the roadway. He noted they are currently designing a trail and waterway network, He stated that the streams which currently traverse the property seem to have been straightened out several years ago and, under the proper permits from the Soil Conservation Service and the Department of Natural Resources and . Conservation, he proposes to change it back to a more natural alignment, with enhanced fisheries. Mr. Graf noted that the United States Postal Service has identified a 6-acre site on Baxter Lane for their new post office. Because of that pending sale, it is necessary to zone that portion of the site "PLI", which is different from the zoning originally proposed in the 1992 master plan. He noted that Costco is looking at a site at the northwest corner of the property, and that can be accommodated under the requested zoning, He forwarded his willingness to comply with all of the concerns raised by staff about the boundaries between the various zones, except for the five acres on the south side of Deadman's Gulch. Mr. Gene Graf forwarded his interests in pursuing annexation and City services, noting his intent to submit an application for annexation and execute any waivers necessary to . proceed with that process. He also stated his intent to develop under an alternative water service while starting the process for extension of the water main to serve the subject property. Mr. Graf stated that he met with the neighbors along Thomas Drive regarding their concerns about the proposed "R-4" zoning. He noted that both public and private planners have encouraged him to include some residential zoning in this development, therefore, it was included in the conceptual master plan for the parcel. He forwarded his desire to avoid dissension with the neighbors, noting a willingness to accept a "SP" or an "M-1" zoning instead for that portion of the property. He stated that, in light of the neighbors' preference for the "SP" zoning, the Planning Board has recommended that zoning designation, and he is willing to accept it. Mr. Dave Groshen, Fischer and Associates, showed the Commission a copy of the . 1992 master plan ,for the subject property, stating that it is designed to create a rural village type of atmosphere which, they felt, would provide a marketing advantage for this development. He identified several of the items contained in that plan, including covenants and restrictions, requirements for on-site landscaping, preservation of top soil, road systems and storm drainage and retention, He noted that a 70-foot-wide private landscape easement is 11-18-96 - 18 - proposed along North 19th Avenue and Valley Center Road, along with berming to create entrances into the property and to minimize the visibility of parking lots from the roadways. He indicated that a 70-foot-wide open space along Catron Creek, through the project, is designed to further promote the rural feeling within this development. . Mr. Andy Sheffield, 1109 Thomas Drive. stated that. after their meeting with Mr. Graf, the neighbors were totally confused about the proposed zoning designations. He indicated that a subsequent meeting with Assistant Planning Director Debbie Arkell cleared their confusion and, based on their understanding of the proposed designations, the neighbors decided that "SP" zoning was preferable to "R-4" zoning immediately across Thomas Drive from their homes. He noted that under the "SP" zoning, the lots will probably be larger, and the setbacks are greater. He also suggested that, under the "SP" zoning, the neighbors will have more control over potential impacts. He noted that access from Thomas Drive to the subject site would be extremely difficult, since there are major power lines running between the road and the property. He further noted that Thomas Drive is not constructed to a City standard and, therefore, would be inadequate. He then indicated his support for the rezoning . as recommended by the City-County Planning Soard. Mr. Dick Rolfe, 2525 North 19th Avenue, asked three questions about the long-term plan for development of the subject site, noting that his parents own the "out parcel" shown on the plan. He questioned whether annexation of the subject 167:t -acre parcel would include annexation of the Gardner Simmental Plaza and the property along West Oak Street. He also asked if annexation of the subject property will have any financial ramifications on the property owned by his parents or impact the existing zoning on that 20-acre parcel. He then expressed concern that the proposed realignment of Catron Creek includes a severe bend at the property line where it traverses his parents' property. He noted that they have had no water problems to date, but he is concerned that the bend could potentially create problems. . Assistant Planning Director Debbie Arkell responded that the subject property is contiguous to city limits at its southwest corner, and no other property would be included in annexation of the 167 acres. She assured Mr. Rolfe that the annexation would have no impact on his parents' property or its use. She then stated that, with the requirement to obtain the appropriate permits from the Soil Conservation Service and the Department of Fish, Wildlife and 11-1 8-96 -..-.."'.-. ---- - 19 - Parks, the design of the realignment of the creek will be carefully reviewed. She further noted that if any impacts do occur, the applicant would be responsible for mitigating them. The Assistant Planning Director then complimented Mr. Graf and the neighbors for working together, with positive attitudes, to develop a proposal which they both find . acceptable. City Manager Wysocki stated that under State statutes, as long as Rolfe property is retained in agricultural use, the City may not force annexation. Ms. Carol Gaworski, 1143 Thomas Drive, asked if Baxter Lane is to be widened if the post office is constructed on the subject property. She expressed concern that it is not wide enough to handle existing traffic, and it is the only access to the development along Thomas Drive. Responding to Commissioner Frost, the Assistant Planning Director stated that rights- of-way for streets are not obtained through the zone map amendment process, rather, they are obtained either through subdivision or development. She indicated, however, that staff feels it is important to obtain right-af-way for Deadman's Gulch through the subject property, rather . than allowing it to dead end within the property since it is located on a quarter-section line and could possibly be extended further west with future development. Mr. Gene Graf stated that he had proposed to dead end Deadman's Gulch in his development to avoid any possible impacts to the residents along Thomas Lane. He noted, however, that if the Commission wishes to have the roadway extended to the west edge of his property, he will do so. He then addressed Mr. Rolfe's concern about realignment of the stream, assuring him that hydrologic pressures will be taken into consideration when the realignment is designed. He recognized that if the realignment does create problems on the Rolfe property, he will be liable, and he wishes to avoid that type of exposure. Since there were no Commissioner objections, Mayor Stueck closed the public . hearing. Mayor Stueck thanked the applicant and the neighbors for working together to forward a proposal that is acceptable to both parties. He noted that this has helped to negate the "NIMBY" factor and make the Commission's job easier. Responding to questions from Commissioner Stiff, City Attorney Luwe stated he does not believe the conditions recommended by the City-County Planning Board are necessary 11-18-96 - 20 - because a metes and bounds descriptions is needed before the ordinance enacting the zone map amendments can be prepared and because the issue of water service can be more appropriately addressed under the subdivision process. He then noted that preparation of the ordinance should still be contingent upon annexation or signing of a waiver of right to protest . annexation. He further stated that, during Mr. Graf's testimony, he indicated a willingness to execute a waiver of right to protest the creation of a special improvement district for water improvements. Commissioner Youngman stated she is sorry to lose the proposed residential component of the zoning, stating she feels the mixed use development would have been beneficial. She noted, however, that since the applicant and the residents along Thomas Drive have worked diligently to develop this proposal which they both support, she will support it as well. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the Zone Map Amendment requested by Eugene Graf III, under Application No. Z-9686, to change the zoning designation on Tracts C-1, C-2, 0-1 and 0-2 of Certificate . of Survey No. 1827, and the tract of land in Section 35, Township 2 South, Range 5 East, Montana Principal Meridian, described on Film 17, Page 1115, in the official records of the Gallatin County Clerk and Recorder's Office, with the initial urban zoning designations on the subject 167:t -acre parcel to be established as follows: from" AS", Agricultural--Suburban, to "BP", Business Park, on 30.9 acres; from "AS", Agricultural--Suburban, to "M-1", Light Manufacturing, on 54.2 acres, from" AS", Agricultural--Suburban, to "PU", Public Lands and Institutions, on 6.0 acres, and from "AS", Agricultural--Suburban, to "B~2", Community Business, on 76.2 acres, and authorize and direct staff to bring back an ordinance enacting the zone change, upon annexation or upon application for annexation and filing of a waiver of right to protest annexation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner . Youngman and Mayor Stueck; those voting No, none. Adiournment - 8:43 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 11-18-96 . ._m_.._u _________..____ - ._.._ __n.. - 21 - adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. . C ? V?-1 c::_~~ DON E. STUECK, Mayor ATTEST: ~d J#~_ ROBIN L. SULLIVAN Clerk of the Commission . . 11-18-96