Loading...
HomeMy WebLinkAbout1995-07-03 ccm - --- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 3, 1995 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 3, 1995, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost (arrived at 3:30 p.m.), City Attorney Luwe (serving as Acting City Manager) and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - June 19 and June 26. 1995 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the . minutes of the meetings of June 19 and June 26, 1995, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Reauest to reconsider aDDlication for variances from Sections 18.30.050 and 18.50.060.C.2, Bozeman MuniciDal Code. to allow buildina to encroach into front yard and side yard setbacks on lot 7-11. Block 1. Scringbrook Addition - Joe Sabol for Ileana Indreland. Michael Delanev and Delaney & Co.. Inc. (707 West Main Street) City Attorney Luwe reminded the Commission that action on this request was tabled at the June 19 meeting, until a full Commission was present. He then noted it has been reported in the newspaper that the applicant intends to withdraw this request and submit a . new project application; however, no formal letters or submittals have been received by the City to date. He then recommended that the Commission take no action at this time. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the request for reconsideration of variances from Sections 18.30.050 and 18.50.060.C.2 of the Bozeman Municipal Code, to allow a new building to encroach into front yard and side yard 07-03-95 - -.-- .... - .. - - 2 - setbacks on Lot 7-11, Block 1, Spring brook Addition as requested by Joe Sabol for Ileana Indreland, Michael Delaney and Delaney & Co., Inc., remain on the table. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those voting No, none. . Ordinance No. 1400 - amendina Section 10.32.260 re maximum duration for parking in City- operated parking lots Previously submitted to the Commission was a copy of Ordinance No. 1400, as approved by the City Attorney, entitled: ORDINANCE NO. 1400 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 10.32.260 OF SAID CODE; PROVIDING FOR REVISION OF THE MAXIMUM PARKING DURATION IN CITY- OPERATED PARKING LOTS. City Attorney Luwe reminded the Commissioners that this ordinance was provisionally adopted at their meeting held on June 19 and recommended that it be finally adopted at this . time. It was moved by Commissioner Stueck, seconded by Commissioner Youngman, that the Commission finally adopt Ordinance No. 1400 on second reading, revising the maximum parking duration in City-operated parking lots. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Ordinance No. 1402 - amending the zonina designation from A-S to PLI on 28.759-acre tract located in the SW~. SE~. Section 24. T2S. R5E. MPM (west side of South Third Avenue. owned bv School District No.7) Included in the Commissioners' packets was a copy of Ordinance No. 1402 as approved by the City Attorney, entitled: . ORDINANCE NO. 1402 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "AS" (AGRICUL TURE--SUBURBAN) TO "PLI" (PUBLIC LAN DS AND INSTITUTIONS) ON 28.759 ACRES LOCATED IN THE SOUTHWEST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. 07-03-95 - 3 - City Attorney Luwe reminded the Commission that they had previously conducted the public hearing on this requested rezoning, and had directed staff to bring back an ordinance enacting the change upon completion of the annexation process. Commissioner Stueck announced that he does not have a conflict of interest; . however, he will abstain from voting because he prepared the paperwork involved in this agenda item. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission provisionally adopt Ordinance No. 1402 on first reading, amending the zoning from "AS" to "PU" on the 28. 759-acre middle school site located along the west side of South Third Avenue, 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 Stiff Mayor Vincent; those voting No, none. Commissioner Stueck abstained. Ordinance No. 1403 - amendina the zoning designation from R-S to R-3a on 3.557-acre Darcel known as Tract A of COS No. 573. located in Section 13. T2S. R5E. MPM (1800 West Kaav Boulevard. reauested by Elden Chana for Yelew Builders) . Included in the Commissioners' packets was a copy of Ordinance No. 1403 as approved by the City Attorney, entitled: ORDINANCE NO. 1403 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "R-S" (RESI DENTIAL--SUBURBAN) TO "R-3a" (RESIDENTIAL--TWO-FAMIL Y, MEDIUM-DENSITY) ON 3.557 ACRES KNOWN AS TRACT A OF CERTIFICATE OF SURVEY NO. 573. LOCATED IN SECTION 13, TOWNSHIP 2 SOUTH. RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. City Attorney Luwe reminded the Commission that they had previously conducted the public hearing on this requested rezoning, and had directed staff to bring back an ordinance enacting the change upon completion of the annexation process. . It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission provisionally adopt Ordinance No. 1403 on first reading, amending the zoning from "RS" to "R-3a" on the 3.557-acre parcel located at 1800 West Kagy Boulevard, 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 Stiff, Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those voting No, none. 07-03-95 ---.-.....----- - 4 - Appointment to fill vacancy on Bozeman City Government Study Commission created bv resignation of Sean Knight Included in the Commissioners' packets was a listing of the unsuccessful candidates for the Bozeman City Government Study Commission from the November 1994 election. Distributed to the Commission just prior to the Commission meeting was a letter from Jeffrey . K. Krauss, one of the unsuccessful candidates, dated July 1, 1995, stating his interest in serving on the Study Commission. It was moved by Commissioner Stueck, seconded by Commissioner Youngman, that the Commission appoint Jeffrey K. Krauss to fill the vacancy on the Bozeman City Government Study Commission created by the resignation of Sean Knight. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Appointment to Band Board There were no applications for the vacancy on this board. . ADpointment to Bozeman Beautification Advisorv Board The Commission deferred action on this appointment until the July 17 meeting. Appointments to Bozeman Area Bicvcle Advisorv Board It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission appoint Rosemary E. Burton to replace Elizabeth Pfaff on the Bozeman Area Bicycle Advisory Board, with a term to expire on December 31, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. . Appointments to CDBG Economic Development Loan Review Committee There were no applications for the positions on this committee. Appointments to Community Affordable Housing Advisory Board There were not sufficient applications to fill all of the positions on this newly-created 07-03-95 - 5 ~ boa rd . Following a brief discussion, the Commissioners directed the Clerk to readvertise, determining that they will not make any appointments until after responses to the new advertisement have been received. . ADDointments to Desion Review Board The Commission deferred action on appointments to this board until the July 17 meeting. ADDointment to Historic Preservation Advisory Commission There were no applications for the vacancy on this board. ADDointment to Senior Center Advisory Board It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission reappoint Harvey Larson to the Senior Center Advisory Board, with a two-year term to expire on December 31, 1996. The motion carried by the following Aye and No vote: . those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those voting No, none. Discussion - FYI Items City Attorney Luwe presented to the Commission the following "For Your Information" items. Commissioner Frost arrived at 3:30 p.m. ( 1 ) Memo from Clerk of the Commission Sullivan, dated June 29, indicating that the County Commission has selected the topic of "solid waste" for next week's joint work session, and asking for City Commission input on topics as well. . The Commission requested an update on transportation systems in the jurisdictional area be added to the list of topics. They also asked that a meeting with City staff regarding solid waste be scheduled for 3:30 p.m., in preparation for the joint meeting beginning at 4:00 p.m. (2) Letter from the the Board of Directors for the Montana League of Cities and Towns, dated June 23, asking that communities who have benefitted from the Montana Local 07-03-95 - 6 - Energy program provide voluntary contributions to the program, due to the recent loss of funding. The Commission indicated a willingness to consider this request during the upcoming budgetary process. . (3) Memo from Alec Hansen, Executive Director of the Montana League of Cities and Towns, dated June 29, announcing the District 10 meeting scheduled for 3:00 p.m. on Thursday, July 13, in the Commission Room, along with an update on actions taken during the recent legislative session. (4) Copy of a letter from Engineering Aide Andy Kerr to property owners along Lincoln Street between South Willson Avenue and South Grand Avenue, dated June 28, about a change in parking restrictions in that area. (5) Copy of a letter to the City-County Planning Board from Lou and Gail Engle, 1211 Holly Drive, in opposition to the requested variance for the house being constructed at the corner of Holly Drive and Highland Boulevard. (6) Copy of a letter from County Planning Director Dale Beland to Dr. Ken . Weaver, dated June 26, thanking him for facilitating the meeting regarding growth issues. (7) Notice from the Montana Department of Environmental Quality that the public comment period on the Draft Data Summary Report for the Bozeman Solvent Site is open during the month of July. (8) Rough draft of a letter to the City-County Planning Office, as prepared by Commissioner Youngman. The Commissioners concurred that the letter needs no changes before being forwarded to the Planning Office. (9) Notice that the Gallatin County Commission will not be meeting this week because of the holiday. (10) Minutes from the Highway Commission meeting held on May 12 and the . telephone meeting held on June 5. (11) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, July 5, in the Commission Room. (12) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Wednesday, July 5, 1995, in the Commission Room.  07-03-95 _______.___ '._n - 7 - ( 13) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, July 6, in the Commission Room. (14) City Attorney Luwe submitted the following. (1) Announced that the Gallatin County Clerk and Recorder's Office has determined that a primary election is . necessary, since there are five candidates for two seats on the City Commission and three candidates for City Judge. (2) Recommended that during tonight's meeting, an opportunity be given to anyone in attendance for the public hearings on Cupola, which are scheduled for continuance, to provide testimony prior to continuing the public hearings. ( 15) Commissioner Frost apologized for being late. He noted that this is the second week of the Youth Build program; and it has been important to establish the necessary foundation for the program. He stated that in the future, he will be on time for Commission meetings. ( 16) Mayor Vincent distributed copies of articles on composting which he has received in the mail. He noted that in those articles, concern is raised about the odor that can result from such operations. . Commissioner Youngman recognized that odor can be an issue in composting; however, she noted that under the program which the Commission has reviewed, odor would be controlled. Consent Items City Attorney Luwe presented to the Commission the following Consent Items. Proclamation - Recoanizina the Benefits of Parks and Recreation ParticiDation Ratify City Manager's sianature - Annexation Agreement with School District No.7 - 28.759-acre parcel located in the SW%. SE%. Section 24, T2S, R5E. MPM (west side of South Third Avenue) Ratify City Manaaer's sianature - Acceptance of Water and Sewer Pipeline . and Public Utilitv Access Easement and Agreement - School District No.7 - across middle school site along west side of South Third Avenue Ratify City Manaaer's sianature - Acceptance of Public Street and Utility Easement - School District No.7. across middle school site along west side of South Third Avenue Commission Resolution No. 3068 - annexina tract of land located in the SW%. SE%. Section 24. T2S. R5E. MPM (28.759-acre parcel 07-03-95 - 8 - located alona the west side of south Third Avenue. south of its intersection with Graf Street) (middle school site) COMMISSION RESOLUTION NO. 3068 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF . BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE SACAJAWEA MIDDLE SCHOOL ANNEXATION (FORMERLY REFERRED TO AS THE SCHOOL DISTRICT ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED. Authorize City Manager to sign - Lease Agreement between City and Reach. Inc. - vacant land adiacent to Reach. Inc.. facilitv at 2134 Industrial Drive Ratifv Citv Manager's signature - Professional Services Aareement - Robert Peccia and Associates - enqineerina services for North 7th Avenue/Tamarack Street signalization proiect Ratifv City Manaaer's signature - Professional Services Aareement - Marvin and Associates - engineering services for South Willson Avenue/West Mendenhall Street sianalization proiect Authorize staff to proceed with 1995 Sidewalk Repair Proaram for Area 1. as identified in memo from Enaineerina Aide Andv Kerr dated June 21. 1995 (bounded bv West Babcock Street. South 8th Avenue. West Colleae Street and South 4th Avenue) . Commission Resolution No. 3069 - approving reauest for reduction of taxes under Section 15-24-1402. M.C.A. (new and expandina business) for Lattice Materials Corporation COMMISSION RESOLUTION NO. 3069 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING THE APPLICATION OF LATTICE MATERIALS CORPORATION FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET SED., MONTANA CODE ANNOTATED, AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. Authorize City Manaaer and Mavor to sign - Interlocal Aareement with Gallatin County re Victim/Witness Proaram for Fiscal Year 1995- 1996 Appointment of Commissioner Younaman and Commissioner Stiff to sub- committee to review Pledged Securities as of June 30. 1995 Authorize use of annual leave - Citv Manger Wysocki - week of Julv 3. 1995 . - Authorize absence of Mavor Vincent from meetina of Julv 10. 1995. in compliance with Section 7-3-4322(2), M.C.A. Building Inspection Division report for Mav 1995 Claims It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the 07-03-95 - 9 - 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 Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. . Recess - 3:50 D.m. Mayor Vincent declared a recess at 3:50 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearina - DroDosed Ordinance No. 1401 - revising regulations Dertainina to the MSU Neighborhood Residential Parking District bv reducing the number of visitor permits allowed Der household. defining the lawful use of visitor's Darkina Dermits and sDecifving the reauirements for Dermit location on vehicles . This was the time and place set for the public hearing on proposed Ordinance No. 1401, as approved by the City Attorney, entitled: ORDINANCE NO. 1401 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 10.32.380, 10.32.390 AND 10.32.395 OF SAID CODE; PROVIDING FOR REDUCTION OFTHE NUMBER OF TEMPORARY VISITORS' PARKING PERMITS TO BE ISSUED TO EACH HOUSEHOLD; THE LAWFUL USE OF TEMPORARY VISITORS' PARKING PERMITS; AND SPECIFYING THE REQUIREMENTS FOR PERMIT LOCATION ON THE VEHICLE. Mayor Vincent opened the public hearing. City Attorney Paul Luwe stated that under these amendments to the MSU Residential . Parking District, the number of visitor permits will be reduced from three to two per dwelling unit, and the regulations expanded to require that those permits be valid only for visitors to that residence. Also, the location on the vehicle for affixing both the permanent permits and the temporary visitor permits is established under these revisions. The City Attorney stated that the reduction in the number of visitor permits and the added restriction to the use of those permits are in response to an identified abuse of those 07-03-95 . -, . - "~, -_._, - 10- permits. He noted that in the presentation a few weeks ago, the Commission was informed that the City of Missoula had made a similar reduction in the number of visitor permits issued; however, information received more recently has revealed that they still allow three visitor permits per dwelling unit. However, Missoula has established subdistricts within the parking . district. with parking being limited to a particular subdistrict. He indicated that identifying a specific location for posting of the permit is in response to a recent City Court case, noting this will also make enforcement easier, since Parking Officers will no longer be required to search an entire vehicle for a permit. Mr. Glenn Black, 608 South 15th Avenue, stated his continued opposition to having his street included in the district. He noted that, at his request, the sign which was originally placed in front of his home has been relocated; however, his preference is to have the signs totally removed from that block. Mayor Vincent suggested to Mr. Black that he write a letter to the Commission asking that the boundaries of the district be changed to eliminate his block. Mr. Black then stated that he also represents a fraternity at 1120 South 6th Avenue. . He expressed concern over the proposed revision to reduce the number of visitor permits to two per dwelling unit, particularly in light of meetings and events that take place there. Mr. Bob Adams, 521 South 8th Avenue, noted the purpose of the district was to provide on-street parking for the residents around the Montana State University campus. He stated, however, that in his particular case, the teachers from the nearby elementary school park on West Dickerson Street adjacent to his house for nine months out of the year. He also noted that, with the implementation of the district, MSU students are required to park further from campus; and they are now parking along South 8th Avenue in front of his house. He stated his frustration with paying $10 for an annual permit because he lives close to the campus; but he still has no on-street parking available. He suggested that the curb on West . Dickerson Street be painted, with a color different from other recognized signages, to denote resident parking. Mr. Dan Corcoran, 1321 South 5th Avenue, stated he represents a fraternity. He noted that with 40 people living at the fraternity, and several people visiting there because of meetings and pledging activities, he is concerned that only two visitor permits is not adequate. Mrs. Martha Adams, 521 South 8th Avenue, suggested "dispensing with the rules" 07-03-95 - -- ---- - - .- .-- - 11 - during the summer months. She noted it is common to have many visitors during the summer; and it is difficult for the guests to park at their residence because of the parking district. Responding to Commissioner Stueck, City Attorney luwe stated that the U of M parking district in Missoula is divided into several subdistricts; and the permits are valid only . within a subdistrict. He stated that Missoula still allows three visitor parking permits; however, . - because of the difference in the programs, staff recommends that only two visitor permits be allowed in the Bozeman program. Commissioner Youngman noted that the parking district has been in place for one year. She suggested it may be beneficial to review the program, inviting public comment, in an effort to determine if it is serving the intended purpose. Mayor Vincent closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission provisionally adopt Ordinance No. 1401 on first reading, amending the regulations for the MSU Neighborhood Residential Parking District, and that it be brought back in two weeks for final adoption on second reading. The motion carried by the following Aye . and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No being Commissioner Stueck. Public hearina - Preliminarv Plat - CUDola Subdivision - subdivide 58.13 acres into 13 lots for mixed use (industrial. commercial and residential) condominium develoDment and 2 ODen SDace Darcels - Tracts C and D, cas No. 68. located in the NEY4. Section 7. and the NW%, Section 8. T2S, R6E. MPM (803 East Mendenhall Street) - Raiah and Associates. Inc. (P-9518) This was the time and place set for the public hearing on the preliminary plat for Cupola Subdivision, as requested by Rajah & Associates under Application No. P-9518. Under this application, the 58.13-acre parcel known as Tracts C and D, Certificate of Survey No. 68, located in the northeast one-quarter of Section 7 and the northwest one-quarter of Section 8, Township 2 South, Range 6 East, Montana Principal Meridian, is to be subdivided into 13 lots . for mixed use {industrial, commercial and residential} condominium development and two open space parcels. The subject site is more commonly located at 803 East Mendenhall Street. Included in the Commissioners' packets was a letter from the applicant, dated June 23, requesting that the public hearing be continued to July 17. 07-03-95 - 12 - Mayor Vincent opened and continued the public hearing to 7:00 p.m. on Monday, July 1 7, per the applicant's request. Public hearing - Conditional Use Permit for Planned Unit DeveloDment - Raiah and Associates - allow mixed use develoDment of industrial. commercial and residential uses on Tracts C and D. . COS No. 68. located in the NE%. Section 7. and the NW%. Section 8. T2S. R6E. MPM 1803 East Mendenhall Street) (Z-9539) This was the time and place set for the public hearing on the Conditional Use Permit for a Planned Unit Development, as requested by Rajah & Associates under Application No. Z-9539, to allow a mixed use development of industrial, commercial and residential uses on Tracts C and D, Certificate of Survey No. 68, a 58.13-acre parcel located in the northeast one- quarter of Section 7 and the northwest one-quarter of Section 8, Township 2 South, Range 6 East, Montana Principal Meridian. The subject property is more commonly located at 803 East Mendenhall Street. Included in the Commissioners' packets was a letter from the applicant, dated June 23, requesting that the public hearing be continued to July 17. Mayor Vincent opened and continued the public hearing to 7:00 p.m. on Monday, July . 17, per the applicant's request. Public hearina - Variance from Section 18.50. 120.F. of the Bozeman Municipal Code - to allow less than the 13 Darkina SDaces reauired for DroDosed day care center - lot A2. Rearranaement of Dortion of Block E. Tracy's Third Addition - Carolin PeiDelman for Dean Fraley (613 West Lamme Street) (C-9506) This was the time and place set for the public hearing on the variance from Section 18.50.120.F. of the Bozeman Municipal Code, as requested by Carolin Peipelman for Dean Fraley under Application No. C-9506, to allow less than the thirteen required parking spaces for a proposed day care center on Lot A2, Rearrangement of portion of Block E, Tracy's Third Addition. The subject property is more commonly located at 613 West Lamme Street. Mayor Vincent opened the public hearing. . Assistant Planning Director Debbie Arkell distributed copies of the applicant's responses to the staff findings, as contained in the staff report. She then presented the staff report, a copy of which had been included in the Commissioners' packets. She stated that under this application, a child care facility for approximately 20 to 30 preschool children would be opened at the subject site. While the center would be open to all children, it is designed to 07-03-95 - - 13 - specialize in day care for special needs children. This use is to be located on the main floor and basement of an existing tri-plex, with the upstairs apartment remaining in its current use. Based on 2,048 square feet being used for a day care center, the zone code requires nine regular parking spaces plus one accessible space for the day care center and an additional two . parking spaces for the upstairs apartment. The applicant has indicated that six parking spaces would be available along the back of the lot; however, she cautioned that would require the removal of a large tree. The Assistant Planning Director stated that, since the subject site is located in a B-2, Community Business district, the proposed child care facility must go through the conditional use process. Rather than proceeding with both the conditional use permit and the variance at the same time, the applicant has chosen to seek the variance first, then go through the conditional use process. Assistant Planning Director Arkell stated the subject parcel is 64 feet by 107 feet and is located one-half block east of North 7th Avenue. The surrounding area has developed with commercial and office uses; however, since each building has been developed separately, a . "complex" has resulted without any type of zoning review. This has resulted in large expanses of asphalt, with no striping to delineate parking spaces. The Planner noted that, the configuration of the parking lots and the accesses to the site make it difficult to gain access to the parking spaces proposed at the rear of the lot. The Assistant Planning Director stated that the applicant has proposed parallel parking spaces along the 18-foot-wide access drive located along the west side of the subject property. She noted that, given the width of the access drive and the measurements needed for parallel parking, this is not possible. She also expressed concern that the parking spaces are proposed at the rear of the building; however, the handicapped access ramp is to be located at the front door. The Assistant Planning Director stated that staff has reviewed this application in light . of the three criteria established by the Montana Supreme Court, and as set forth in Section 18.56.060 of the Bozeman Municipal Code. The findings for each of those three criteria is set forth in the written staff report. She briefly highlighted those findings, concluding that staff is unable to support the requested variances. She recognized the strong need for this type of 07-03-95 - 14 - child care facility in the community; however, she questioned whether staff could support this proposal in this location. Assistant Planner Arkell noted that a letter of protest has been received from Mr. Rodney Andersen, 1111 East Babcock Street, Manager of the commercial properties at 200 . through 220 North 7th Avenue. Mr. Brad Peipelman, husband of the applicant, asked why the deviation process could not be used instead of the variance process, since the subject property is located within a neighborhood conservation overlay district. He also asked how the square footages were established and how the parking requirements were calculated. Assistant Planning Director Arkell responded to those questions, noting that the deviation process was considered; but Planning staff determined that the variance process was more appropriate in conjunction with the conditional use process. She then indicated that the parking requirements were based on 85 percent of the total gross floor area, which gave the lowest number of parking spaces required. Mrs. Carolin Peipelman, applicant, apologized for the late receipt of her responses. . She then stated she feels the projected 4.65 vehicle trips per day per child is excessive, noting that most children will be dropped off in the morning and picked up in the evening. She noted that she will have five staff members at the facility; and she will encourage those individuals to either ride bicycles to work or be dropped off, so that no vehicles will be attributable to them. She further noted that little parking will be required during the daytime for this business, except for drop off and pick up times. Mrs. Peipelman pointed out that the traffic and parking congestion in this area has existed for many years. She suggested that, with her proposed day care facility, the traffic and parking congestion would actually be less than it has been with some of the past uses in this house. She cited its use as a real estate office and its recent use as a house for college students as examples of higher impact uses than the proposed use. . Mrs. Peipelman presented pictures of day care centers with less parking than she would be required. She noted that these centers seem to function adequately. Mrs. Peipelman noted that special needs children are not always in wheelchairs; in fact, very few are. She indicated that those she would care for are more often mentally or emotionally disabled than physically disabled. She noted that she has searched for a building 07-03-95 ---- ----- ------- - 15 - for her proposed day care for two years and, given the housing market in Bozeman, that has been extremely difficult. She encouraged Commission approval of this application, stating she feels it would be an appropriate use of the existing structure. Mr. Dean Fraley, owner of the property, stated he feels this proposal is appropriate. . He concurred that this use would, in fact, be better than some of its past uses, noting that it should also generate less complaints than he has had in the past. He noted that six cars have been parked across the back of his lot in the past, with no problems. He stated that he is willing to cut down the tree to provide easier access to some of those parking spaces if necessary. He encouraged Commission approval of this application, noting that it will actually result in less traffic and parking congestion than has been encountered in this area in the past. Mr. Winston Morrisey, owner of Mountain Locksmith, 210 North 7th Avenue, stated that, while he is not necessarily opposed to the application, he has several concerns. He noted that if the children are, indeed, dropped off before 8:00 a.m. and picked up after 5:00 or 5:30 p.m., traffic and parking congestion may be minimized. He cautioned, however, that there is no way to guarantee there will not be five staff vehicles parked there daily. . Mr. Morrisey noted that past uses of the subject property have generated significant problems for surrounding businesses; but none of those problems exist at the present time. He stated that while the businesses in the immediate area are willing to share their parking on a relatively limited basis, he does not want to see problems occur again. He noted that large trucks and much of the traffic accessing the existing parking areas use the access immediately west of this house. He expressed concern that if cars were allowed to park along that access, the larger vehicles would not have adequate room to get through. Mr. Morrisey then expressed concern for the safety of the children, and asked what safeguards would be put in place to ensure they do not encounter conflicts with the vehicular traffic in the area. He characterized the traffic flow in that area as being very hazardous, cautioning that it may be difficult to find a parking space when dropping off the children. . Responding to questions from Commissioner Frost, the Assistant Planning Director stated that, while there is a 20-percent limit on deviations in the entryway overlay district, there is no limit on deviations in the neighborhood conservation overlay district. She noted that deviations are, however, tied to design excellence. 07-03-95 ------- . -- ------- - 16 - Responding to questions from Commissioner Stueck, City Attorney Luwe stated the code does not allow for cash-in-lieu of parking spaces in this type of situation. He then stated that, unless the applicant is able to fulfill the parking requirements through obtaining some off- site parking spaces, a variance is necessary. . Responding to Commissioner Youngman, the City Attorney noted that the formula for determining the number of required parking spaces is contained in the zone code. He stated that if the Commission feels that the formula needs to be changed for this type of business, then a zone code amendment must be pursued. In response to additional questions from Commissioner Youngman, Assistant Planning Director Debbie Arkell stated that under the zone code, the applicant can enter into a lease arrangement with another entity located within 400 feet of the subject site that has enough excess parking to accommodate their need. She then noted that if this is done, then the parking requirements for the project have been met; and there is no need for the requested variance. Responding to questions from Commissioner Stueck, the Assistant Planning Director . stated that, for both uses on the subject site, the zone code requires eleven parking spaces plus one accessible parking space. Mrs. Peipelman indicated a willingness to seek off-site parking spaces, noting that those spaces could be used by staff members. She noted that this subject building will be rented; and she feels that her proposed use would work well on that site. She stated that the safety issues which have been raised will be addressed during the conditional use process; however, she noted that a five-foot cedar fence will be installed around the yard. She noted that parents will either bring the children into the day care center or to a staff member, thus ensuring that the children are accompanied when outside the day care premises. Mr. Brad Peipelman noted that the main floor of the building contains 1,321 square . feet; and based on that square footage, 20 children could be accommodated. He proposed that the day care center be allowed to open on the main floor only, which would not require any variance for parking. Assistant Planning Director Arkell stated that staff recognizes the need for this type of day care center. She cautioned, however, that staff is very concerned about this specific location, with the vehicular congestion and parking problems that exist. 07-03-95 - 17 - Since there were no Commissioner objections, Mayor Vincent closed the public hearing. Each of the Commissioners, in turn, indicated that they do not believe that this requested variance meets the three criteria established by the Montana Supreme Court. They . recognized the need for this type of facility, but expressed concerns about the proposed location due mainly to the traffic concerns that have been expressed. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission deny the requested variance from Section 18.50.120.F. of the Bozeman Municipal Code, as requested by Carolin Peipelman for Dean Fraley under Application No. C-9506, to allow less than the thirteen required parking spaces for a proposed day care center on Lot A2, Rearrangement of portion of Block E, Tracy's Third Addition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. . Public hearina - Conditional Use Permit - Norman Hobbs and Theodore G. lambert for Bozeman Convalescent Center - to allow additional two-storv. 12-room rear win a between existing north and south wings: deviations from Section 18.58.050 to allow addition to encroach 4 feet into reauired 20-foot rear yard setback - lots 1-3. Block 6. Kare's Addition (321 North 5th Avenue) (Z-9549) This was the time and place set for the public hearing on the Conditional Use Permit as requested by Norman Hobbs and Theodore G. Lambert, under Application No. 2-9549, to allow construction of an additional two-story, 12-room rear wing between the existing north and south wings on Lots 1 through 3, Block 6, Karp's Addition. In conjunction with the Conditional Use Permit is a request for deviation from Section 18.58.050 of the Bozeman Municipal Code, to allow the addition to encroach 4 feet into required 20-foot rear yard . setback. The subject site is more commonly located at 321 North 5th Avenue. Mayor Vincent opened the public hearing. Associate Planner/Urban Designer Patrick Morris presented the staff report, a copy of which had been forwarded to the Commission. He noted that under this application, the Bozeman Care Center is to be expanded by adding a 5, 114-square-foot addition. He noted that this application has been reviewed by the Development Review Committee and the Design 07-03-95 -----.-...- - -- ------..--- .-....------- -.-.--.------....- .-.----.. -..--.-. .- ~ . - .-... - --- -.. ~.. - 18 - Review Board, in light of the six criteria established for review of conditional uses; and those bodies have forwarded recommendations for approval, subject to several conditions. At the June 21 meeting, the City-County Planning Board conducted its public hearing on this application and, after considering the staff report, the recommendations from the ORC and the . DRB, and the information received during the pUblic hearing, forwarded its recommendation for approval, subject to 35 conditions. The Associate Planner stated that one of the main issues raised during the Planning Board's meeting pertained to the arrangements for off-site parking. He noted that the Bozeman Care Center currently uses the parking lot at the Bozeman Christian Reformed Church, immediately across the street, through a "hand shake agreement". The Board felt that a more long-term arrangement is necessary; and one of the recommended conditions for approval is that the City be named a party to the written lease and that a written twelve-month termination notice be provided. The Associate Planner noted that the Bozeman Care Center has operated in its current location for more than twenty years. Because of the wing that is being added under this . application, an additional four off-street parking spaces will be required. He noted that informal reviews of the area have revealed no on-street parking problems seem to exist, even during what would be anticipated to be times when the greatest number of staff members are on duty and when visitor parking would be heaviest. He stated that one letter of concern indicated that when Vacation Bible School is in session, the church blocks off the parking lot; and on-street parking becomes congested during that week. Commissioner Stiff expressed concern about the language of Condition No. 16 as recommended by the City-County Planning Board, noting that the term "irrevocable" and the provision for a one-year termination notice seem to conflict. Associate Planner Morris suggested that the term "irrevocable" could be changed to "long-term" if the Commission desires. . City Attorney Luwe cautioned that under the zone code, a perpetual lease is needed. He noted that if the lease is terminated, the subject site will then no longer be in compliance with the zone code. At that time, it will be necessary for them to either comply with the code or seek a variance from the parking requirements. 07-03-95 - 19 - Mr. Ted Lambert, applicant, stated that under this proposed expansion, nine beds will be added to the Bozeman Care Center, which represents approximately a 9-percent increase. He noted that these rooms will be larger, more up-to-date rooms. No new employees are proposed for this expansion. . Mr. lambert stated that the current parking situation has worked for the past twenty years; and both the Bozeman Care Center and the Bozeman Christian Reformed Church are happy with the arrangement. He noted that at the present time, the Care Center is responsible for plowing the parking lot and snow removal during the winter, in exchange for use of the lot. He noted, however, the elders of the church have expressed concern about the proposed new agreement, with the City being a party to the agreement and the one-year termination provision. He stated that a written agreement exists for the current arrangement; however, it is less formal than the proposed new agreement. He explained that the church members have considered expansion of the church; and they must be careful to ensure that they have adequate parking to accommodate that expansion. Responding to Commissioner Stueck, Associate Planner Morris stated that the current . written agreement does not meet the requirements of the proposed condition. He reiterated the importance of remembering that termination of the lease agreement for off-site parking spaces will result in the Bozeman Care Center no longer being in compliance with the zone code. Mr. Lambert expressed concern that adding a twelve-month termination provision to the lease agreement essentially places the meeting of that condition in the Church's hands rather than in the applicant's hands. Commissioner Stueck stated that he has driven around this subject site several times during the past few weeks; and on-street parking on North 5th Avenue seems to be relatively open all of the time. No one was present to speak in opposition to the requested Conditional Use Permit. . Since there were no Commissioner objections, Mayor Vincent closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. 07-03-95 - -- ~_. "- - - ,-.- - 20 - It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit as requested by Norman Hobbs and Theodore G. Lambert, under Application No. Z-9549, to allow construction of an additional two-story, 12-room rear wing between the existing north and south wings on Lots 1 through 3, Block 6, . Karp's Add ition, and the attendant deviation from Section 18.58.050 ofthe 80zeman Municipal Code, to allow the addition to encroach 4 feet into required 20-foot rear yard setback, subject to the following conditions: 1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; 2. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 3. That all conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, his successors or assigns; 4. That all of the special conditions shall be consented to in writing by the applicant; 5. The applicant shall submit a revised site plan for review and . approval by the Planning Office which reflects the elimination of the paving between the proposed building addition and the south wing of the existing structure. Said paving shall be replaced with a landscaped garden area. In addition, cut-outs shall be provided in the proposed patio area and plant material, including trees, shall be located therein; 6. The proposed addition shall be painted to match the existing building; 7. All water and sewer lines, both existing and proposed, shall be accurately shown and sized on the final site plan, and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant; 8. All water and sewer mains, service lines and easements, both existing and proposed, shall be shown on the final landscape plan; 9. An accurate, dimensioned detail of the fire service riser location inside of building shall be shown on final site plan, and approved by the Water/Sewer Superintendent; . 10. All existing utility and other easements shall be shown on the final site plan; 11. All fire hydrants within 500 feet shall be shown or indicated on the final site plan; 12. Drive approach and public street intersection sight triangles, in accordance with Section 18.50.080 of the Bozeman Municipal Code, shall be shown on the final site plan and maintained free of 07-03-95 ----------- ----- --- - ------------- -- - - "'..-.------- -----.- .-.----. .-.--.--.--- .~_ n __"..~ - 21 - plantings which, at mature growth, will obscure vision within the sight triangle; 13. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's Office); . 14. In accordance with Section 18.50.100 of the Bozeman Municipal Code, street trees shall be provided along both street frontages. Boulevard planting detail shall be provided and must comply with the Engineering Department standards. Root barrier material should be used. No plantings shall be allowed in the typical sidewalk location; 15. All exterior light fixtures shall be designed with cut-off shields to deflect light down and/or away from adjacent properties and streets, and must be detailed on the final site plan. Light fixture luminaires shall not be visible from adjacent properties and streets. Light standards shall not exceed a height of 20 feet or the height of the structure, whichever is lower. This requirement shall be applicable to all exterior light fixtures, including existing light fixtures. If existing light fixtures cannot be upgraded to conform with this requirement, they shall be replaced with light fixtures which meet the above requirements; 16. The required number and configuration of off-street parking spaces, including "accessible spaces" shall be provided in . accordance with Section 18.50.120 of the Bozeman Municipal Code unless a variance or deviation is granted by the governing body. The applicant must meet all applicable requirements of Section 18.50.120 of the Bozeman Municipal Code for the provision of required parking off-site. The City of Bozeman shall be a party to the lease agreement required by Section 18 .50.120 of the Bozeman Municipal Code. The applicant must meet all applicable requirements of Section 18.50.120 with regard to location ("locate accessible parking spaces as near as practical to a primary entrance"), signage, loading/unloading ("the first space shall be 'van accessible' with an aisle eight feet in width"), slope, etc. for the provision of , accessible spaces'; 17. The second story windows in the existing building that face the new addition will also require 45 minute protection openings; 18. Two existing domestic water services serving the building must be upgraded to current City of Bozeman standards. This will . require the installation of RPZ back flow preventers on each service line. Installation will be by owner's plumber, RPZ assemblies will be furnished by City of Bozeman and paid for by owner. Installation must be approved by the City of Bozeman Water Department; 19. If existing 6-inch fire sprinkler is to be extended and utilized in proposed new wing, it must be upgraded to current City of Bozeman standard. Inspection by City of Bozeman Water 07-03-95 --- - 22 - Department will determine what is needed to comply with City of Bozeman Fire Service Line Standard; 20. A number of backflow/cross-connection deficiencies were noted during a recent cross-connection survey that was conducted at this facility. Owner should consider possible corrective measures at this time; . 21. The final site plan shall be adequately dimensioned; 22. A Stormwater Drainage Plan must be provided to and approved by the City Engineer. The plan must show stormwater sewers with pipe sizes and elevations, along with a grading design to ensure that the project site drains properly and that all storm drain facilities will function. The plan shall include as a minimum existing contours, spot elevations and flow directional arrows. The plan must demonstrate adequate site drainage to an acceptable discharge device (i.e., street gutter, drainage swale, or storm drain inlet). If the grading design discloses any adverse impact to off-site properties, necessary design alterations and/or drainage conveyance devices and easements must be provided; 23. Additional connections to the existing main water or sewer lines shall be approved by the Water/Sewer Superintendent if required. City of Bozeman applications for service shall be completed by the applicant; 24. The required number of off-street parking spaces shall be provided by the applicant in accordance with 18.50.120 of the Bozeman . Municipal Code unless a variance or deviation is granted by the governing body OR a written leased agreement for parking spaces across N. 5th Avenue to the east solely designated for the Bozeman Care Center use is provided to the City. This includes parking stall dimensions, drive aisle widths, lot surfacing and curbing; 25. The proposed two way drive access, along the west property side does not meet the Bozeman Municipal Code requirements and is not acceptable to the City. If a drive access is installed the following items shall be met: a. A minimum of sixteen feet for one way drive access (clear of vegetation and door swings) shall be provided by the applicant in accordance with 18.50.11 0.C.2.b.i. of the zone code. b. Proper signing in accordance with Manual of Uniform Traffic Control Devices (MUTCD) shall be approved by the City Engineer. c. City Standard "No Parking" signs shall be placed at the . alley on the rear of the building. The number and format of the signs shall be coordinated with the City Sign Department. If this area is not used as a drive access, vehicular traffic should be precluded; 26. When a Conditional Use Permit has been approved by the City Commission, the permit shall be issued by the Planning Director 07-03-95 . - "- - 23 - upon the receipt of applicant's written consent to all of the conditions imposed; 27. In accordance with Section 18.50.120 of the Bozeman Municipal Code, concrete pin down wheel stops shall be provided for each of the on-site parking spaces; 28. In accordance with Section 18.50.120 of the Bozeman Municipal . Code, all on-site parking stalls which abut property lines shall be designed and constructed such that parked vehicles shall not protrude over property lines; 29. In accordance with Section 18.50.035 of the Bozeman Municipal Code, adequate bicycle parking shall be provided. The location and design of the bicycle rack(s) shall be subject to final approval by the Planning Director; 30. In accordance with Section 18.50.100 of the Bozeman Municipal Code, the re-configured on-site parking shall be screened from adjacent residential uses to the east through the provision of a planter on-site a minimum of eight (8) feet in width by eight (8) feet in depth; 31. Seven (7) copies of the final site plan containing all of the conditions, corrections and mod ifications approved by the Development Review Committee (DRC) shall be submitted for review and approval by the Planning Director within six months of the date of DRC approval. A copy of the approved final site plan shall be forwarded to the Building, Street/Sa n itation, . Water/Sewer, Engineering, and Fire Departments by the Planning Office; and one copy shall be retained in the Planning Office file; 32. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; 33. A building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTil A BUilDING PERMIT IS OBTAINED; 34. BUilDING PERMITS WILL BE ISSUED ONLY AFTER COMPLETION AND ACCEPT ANCE OF THE WATER AND SEWER IMPROVEMENTS; and 35. If occupancy of the structure is to occur prior to the installation . of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve months; however, all on-site improvements shall be completed by the applicant within nine months of occupancy to avoid default on the method of security. The motion carried by the following and Aye and No vote: those voting Aye being 07-03-95 "'= ..-- - 24 - Commissioner Stiff, Commissioner Frost, Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those voting No, none. Public hearina - ADDeal of DRB decision re Certificate of ADDroDriateness and Minor Site Plan aDDlication - Richard Landon. Blackwood Ventures Corcoration - Lot 5 less west 6 feet and Lots 6-9, Block A. Rouse's First Addition (424 East Main Street) (Z-9523) . This was the time and place set for the public hearing on the appeal of the Design Review Board's decision on the Certificate of Appropriateness and Minor Site Plan application, as requested by Richard Landon for Blackwood Ventures Corporation under Application No. 2-9523, to allow demolition of a nationally listed historic structure and construction of a new 14,438-square-foot building on Lot 5 less the west 6 feet and Lots 6 through 9, Block A, Rouse's First Addition. The subject site is more commonly located at 424 East Main Street. Mayor Vincent opened the public hearing. Associate Planner/Urban Designer Patrick Morris presented the staff report, distributing packets of supplementary information, as prepared by the developer's attorney, to the Commissioners. He stated that the appellant has followed the appropriate procedure for . appealing the Design Review Board's decision; and cautioned the Commission that the public hearing is to be limited to the grounds of appeal, and that its decision must be based on the record from the Design Review Board meeting. The Associate Planner briefly highlighted the staff report, noting that staff recommended approval subject to two conditions. At its meetings of May 9 and May 23, the Design Review Boa rd considered the application and approved the Certificate of Appropriateness with modified conditions under which the applicant is required to move the building to a suitable location, at his expense. He indicated that the applicant is appealing that decision, and forwarding a proposed alternative for Commission consideration. Under that alternative, the applicant is proposing to offer the existing "Silent Knight Muffler" building to any interested party for a period of 21 days. In the meantime, the applicant is willing to . document the building's existence and to remove and preserve the metal facade if no one forwards a viable proposal for preservation and relocation of the building. Associate Planner Morris stated that some issues surrounding the listing of the subject building on the National Register of Historic Places have been raised. He cautioned that staff 07-03-95 -....-.. - 25 - is unable to determine if these issues are pertinent to the grounds of the appeal, and suggested that the applicant's representative be required to identify how they are pertinent. Mr. Joe Sabol, attorney representing Ms. Wanda Taylor Grauman, owner of the subject property, reviewed portions of the supplemental information which has been distributed . to the Commission. He stated that listing of the subject property as an individual listing on the National Register of Historic Places was not solicited by Mrs. Grauman. He noted that in an April 20, 1987, letter from the State Historic Preservation Office, she was informed that listing of her property on the Register was being considered, and that this listing would in no way affect her property owner rights, and may make the property eligible for tax incentives. He stated that the letter contained several ambiguities; and it did not specifically state that if she objected to the listing, she must respond in writing. In November 1987, after Mrs. Grauman did not respond to the April letter, she received a letter of congratulations for being listed on the National Register of Historic Places. Mr. Sabol noted that the Bozeman zoning ordinance, which was adopted after the subject property was listed on the Register, however, conflicts with those statements by the . State Historic Preservation Office since the listing has, indeed, impacted this proposal for redeveloping the site. Mr. Sabol stated that after Mr. Landon entered into an agreement to purchase the subject site, he was informed that the property was listed on the National Register of Historic Places. At that time, he began to search for how the listing on the Register occurred and whether the process was appropriate. He noted that the research has revealed that if no statement of opposition is received from the property owner within 30 to 75 days of the letter of notification that a property may be placed on the register, the State Historic Preservation Office assumes that the listing is acceptable and forwards the application to the national office. Mr. Sabol characterized this application as a classic example of zoning versus private . property rights. He cautioned that the Design Review Board's design is a regulatory taking; however, he noted that the developer is willing to work with the City in an effort to reach a compromise that is acceptable to all parties involved. Mr. Bert Hopeman, Vice-President of the Downtown Bozeman Association, entered into the record a letter of support from the DBA, dated June 30. He summarized that letter, noting that while it is important to protect and preserve the downtown's heritage and history, 07-03-95 - 26 - it is also important to encourage the natural eastward expansion of the downtown. He encouraged the Commission to approve this request, noting that, particularly when combined with the relocation of D.A.Davidson and Company, will help to ensure this eastward expansion. Mr. Jerry Locati, architect for the developer, stated he is currently working on a new . building design which incorporates the suggestions forwarded by the Design Review Board. Mr. Steve Barrett, attorney representing Blackwood Ventures Corporation, highlighted the written supplemental information, dated June 29, apologizing for the fact that the Commission had not received the information in time to review it over the weekend. He cautioned that affecting the property rights of an individual because a property is listed on the National Register of Historic Places is inappropriate, and could be construed as a regulatory taking. Mr. Barrett noted that under the Design Review Board's decision, his client is to bear the costs of moving the building. He noted, however, that in a letter, a structural engineer has questioned the feasibility of moving the structure. He noted that what is so significant about the structure is its curved front and streamline moderne architecture, particularly when it was . built. He stated the developer is willing to remove and preserve the metal panels which create that curved front, giving it the unique appearance, after which the cinder block and concrete portion of the structure would be torn down. Mr. Barrett stated that at the May 23 Design Review Board, it was determined that a feasibility study should be completed, with the results to be submitted at the June 13 meeting. Mr. Barrett suggested, since the ORB did not act within the time period established in the zone code, his client should be allowed to proceed with the project with no conditions attached. Mr. Steve Barrett entered into the record a letter of support for this project, from Keith Swenson, dated June 30, 1995. He noted that in that letter, Mr. Swenson expressed . concern that the provisions of the zone code are not being applied in the manner intended when the code was written. Mr. Barrett stated his client is willing to preserve the building, if possible, or at least its memory. He noted, in that light, that he has prepared a proposed motion for Commission consideration, which includes three conditions. He stated that these conditions are acceptable to his client; and he believes they meet the intent of the zone code. 07-03-95 -- .. - - 27 - Mr. Troy Dorrell, local house mover, stated that, while the building could be moved, it would be extremely expensive. He urged the Commission to allow the applicant to proceed with his plans to construct a new building that will result in the eastward expansion of the business district. He also urged the Commission to give the applicant some latitude, rather . than becoming too deeply involved with the mechanisms of the project. Responding to Commissioner Frost, Historic Preservation Officer Strahn stated he feels the applicant's proposal to remove and preserve the metal panels of the building is "better than nothing". He then suggested that full documentation of the structure also be required, noting that a similar provision was made when the Methodist Church was demolished and rebuilt. He encouraged the Commission to provide a period of time in which the possibility of moving the building could be examined, and in which anyone interested in moving the building could step forward. He noted that if that is not possible, then the proposal to save the metal panels should be favorably considered. Responding to Commissioner Stueck, the Historic Preservation Officer stated he feels it is important to obtain full documentation, through the use of black and white photographs . and line drawings, which is placed in a repository accessible to the public, like the special collections at Montana State University. He noted that if anyone is interested in duplicating the structure in the future, the information is then available to do so. He indicated it would also be appropriate to require that a bronze plaque, depicting the historic structure, be posted, either on the new building or somewhere on the site, The Historic Preservation Officer characterized the developer's proposal as being more in compliance with staff's original recommendations on the application than the Design Review Board's action. In response to questions from Commissioner Youngman, the Historic Preservation Officer stated he is not sure whether a structure could be placed on the National Register of Historic Places if the enamelized panels were placed around a new shell on a new site. He . noted that under certain circumstances where architectural significance is preserved, such a listing might be possible. He then reminded the Commission that delisting from the Register is possible, as evidenced by the Dairykeep project on West Peach Street. Responding to Commissioner Frost, Historic Preservation Officer Strahn stated he believes that the standard operating procedures were used when listing this subject property 07-03-95 ----- ..---...-.....--- - 28 - on the Register. He noted that this procedure has been used throughout Montana and is, in fact, a process recognized nationally. Responding to comments from Commissioner Stiff, the Historic Preservation Officer stated his strong interest in the building being adaptively re-used, if at all possible. He . recognized that, while it would be expensive to obtain land and move the building, it probably wouldn't be as expensive as building a replica. Mr. Steve Barrett noted that several people have indicated a possible interest in relocation of the old gas station building; however, to date, no serious offers have been forwarded. He recognized that a packet of pictures and line drawings would be appropriate for documenting the structure, noting his client would be willing to do that. He then asked that the Commission not create any extended delays in its action on this item, noting that his client would like to begin construction of the new building as quickly as possible. Commissioner Stueck stated he does not believe that moving of the building is practical; and he feels that saving the metal panels only is an acceptable alternative. He noted that a review of the building reflected that the walls are constructed in three layers; and jacking . up of the building without ruining the integrity of the walls would be extremely difficult. He then indicated that he does not support the process under which this building was placed on the National Register of Historic Places. Commissioner Frost noted he strongly supports preservation of historic buildings whenever possible. He stated that in this instance, he can understand the property owner's concern about the listing of this property on the Register, characterizing the process as confusing at best. He indicated support for requiring documentation of the existing structure, through pictures and line drawings in this instance, noting that it is important to track the community's history. Commissioner Youngman stated she shares the other Commissioners' concerns about . the process for listing of this property on the Register. She noted that the Commission has the ability to change regulations, through the appropriate processes; therefore, she feels that some of the issues raised could be overcome. She noted, however, that in this instance, she feels preserving of the metal panels may be adequate. She then expressed concern that thirty days is a short period of time in which to find someone who might want to move the building. Commissioner Stiff stated his support for the applicant's proposal. He feels it is more 07-03-95 ___ __u_.__.__ -.------ - 29 - important to promote the eastward growth of the downtown than it is to preserve the historic importance of a gasoline station. Mayor Vincent forwarded his support for the applicant's proposal. He characterized the process for placing the subject property on the National Register of Historic Places as . "suspect". He noted that if the metal panels are preserved, as suggested, they will be available for anyone who may wish to recreate the building at some time in the future. Commissioner Stueck noted that the ceiling of the structure includes mosaic patterned metal panels. He suggested that, if at all possible, it might be beneficial to save those panels, which were used in the 1930's or 1940's. Responding to Commissioner Stiff, City Attorney Luwe stated that once the City obtains storage of the panels for the building, it will be up to the Historic Preservation Advisory Commission and possible the storage situation, to determine how long those panels will be stored if they are not reused. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. . There were no Commissioner objections to waiving the customary one~week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission modify the Design Review Board's decision on the Certificate of Appropriateness and Minor Site Plan application, as requested by Richard Landon for Blackwood Ventures Corporation under Application No. Z-9523, to allow demolition of a nationally listed historic structure and construction of a new 14,438-square-foot building on Lot 5 less the west 6 feet and Lots 6 through 9, Block A, Rouse's First Addition, by approving the application, subject to the following conditions: 1. That design of the building will incorporate visual recesses and protrusions, subject to final approval by the Planning staff; . 2. That the City shall be given the right to elect to preserve the unique architectural features of the building. The City has thirty days from this date to make such an election in writing and designate a site for storage of those portions of the building to be saved. Upon the City making such election, the City will issue the applicant a demolition permit, as long as all other requirements for the demolition permit have been satisfied; and the applicant will document the structure with photographs, drawings and measurements, completed to the satisfaction of the Historic Preservation Officer. The applicant, at its expense, will then 07-03-95 _._._u_._.._ - 30 - remove the enamelized metal plates, mark them for reinstallation, bind those metal plates on pallet or in other suitable form of storage, and deliver them to the location designated by the City. If the City does not make an election to store the property as described herein, the applicant is entitled to proceed with demolition of the structure, after obtaining a demolition permit, and subject to any applicable City and State regulations; . 3. That the applicant shall deposit black and white photographs and line drawings, containing the measurements of the structure, in the special collections portion of the Renne Library at Montana State University; 4. That the applicant shall install a bronze monument sign on the site, depicting the existing historic structure; and 5. That the applicant shall obtain a building permit within one year. A building permit will not be approved by the Planning Office until the above conditions have been met. The motion carried by the following and Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Adjournment - 10:35 D.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. ~N!\ ATTEST: (2~J~ ROBIN L. SULLIVAN . Clerk of the Commission 07-03-95 --