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HomeMy WebLinkAbout1994-04-18 ccm ~- -. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 18, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 18, 1994, at 3:30 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, 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. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - ADril 4. 1994 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the minutes of the regular meeting of April 4, 1994, be approved as submitted. 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. Preliminary plat review - Matthew Bird Creek Subdivision - Gary L. Voigt for Gene Graf - subdivide 26.918 acres into 68 single-familY residential lots. parkland and DubUc streets - SW%, Section 19. T2S, R6E. MPM (south of Svring Meadows Subdivision) This was the time and place set for the review of the preliminary plat for Matthew Bird Creek Subdivision, as requested by Gary L. Voigt for Gene Graf, under Application No. P~9413, to allow subdividing of 26.918 acres located in the southwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian, into 68 single-family residential lots, parkland and public streets. The subject parcel is more commonly located . south of Spring Meadows Subdivision, at the south end of Graf Street. City Manager Wysocki stated the Planning Board has not yet conducted the public hearing on this application. He noted that since the review before the Commission was advertised for this time, it is necessary for the Commission to open and continue this review until after the public hearing has been held. 04-1 8-94 -.."....... ...... - W_'., ,_~,<~ - 2 - Mayor Vincent continued this review until after the public hearing has been held before the City-County Planning Board, and a recommendation forwarded. Preliminarv Dlat review - Babcock Meadows Subdivision - Anson H. Crutcher. Babcock Place Partners - subdivide 27.2 acres into 83 residential lots - SW%. Section 11. T2S. R5E. MPM . (3100 block of West Babcock Street) This was the time and place set for the review of the preliminary plat for Babcock Meadows Subdivision, as requested by Anson H. Crutcher, Managing Partner of Babcock Place Partners, under Application No. P-9414, to allow subdividing of 27.2 acres located in the southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, into 83 residential lots. The subject parcel is more commonly located along the south side of the 3100 block of West Babcock Street. At Mayor Vincent's request, City Attorney Luwe summarized the preliminary plat review process. He noted that, per statutory provision, the City Commission has designated the City-County Planning Board as the body which conducts the public hearing on a preliminary plat. The Board then forwards its recommendation to the City Commission for consideration; . and the Commission bases its decision on the Board's recommendation and the record from the public hearing. He cautioned that no further public input is allowed at this time, although the Commission does have the ability to ask questions of staff and the applicant. Senior Planner Dave Skelton presented the staff report. He stated that the Planning Board conducted its public hearing on this application at its regular meeting of April 5, 1994, after which it forwarded a recommendation for approval of the preliminary plat, subject to 29 conditions. He stated a copy of the Planning Board resolution, along with a copy of the information forwarded to the Planning Board, have been forwarded in the Commissioners' packets. The Planner noted that, also included in the Commissioners' packets, was a memo from him, dated April 14, forwarding two additional recommended conditions, as a result of meetings with the Farmers' Canal Company and a review of the comments forwarded by the . Fire Department. The Senior Planner reminded the Commission that the subject parcels have been the subject of recent public hearings for annexation, a master plan land use designation, and a zone map amendment. The subject 27-acre tract fronts along the south side of West Babcock Street, immediately north of the Main Mall. Under this preliminary plat, the parcel is to be 04-18-94 ~ ......... J - 3 - divided into 83 single-family residential lots. The Planner reminded the Commission that under the R-3 zoning designation, which has been approved for the subject site contingent upon annexation, duplexes are allowed; however, the covenants attached to the subdivision allow only single-family development. . The Senior Planner reminded the Commission that during public hearings for annexation, concerns were expressed about the traffic which will be generated from development of the subject property. The Planner stated an existing water course, which has been identified as a ditch/stream, traverses the property, with a tributary ditch in the northwest portion of the site. The applicant is proposing a 70-foot-wide linear park along the ditches which, when coupled with the open spaces, will meet the parkland dedication requirements. He noted that under the subdivision regulations, 2.0 acres of parkland dedication is required; and under this application, 2.4 acres is provided. The applicant has requested that the parkland be deeded back to the homeowners' association for maintenance, with the parkland being open to the public; however, the Planning staff and Planning Board have recommended that the parkland be . dedicated to the public. Also, the staff has recommended that a park maintenance district be created to ensure the continued maintenance of this parkland. The Planner noted that a trail through the linear park will provide access between the Main Mall and West Babcock Street. Senior Planner Skelton stated that two primary accesses are to be provided from West Babcock Street, with an internal looped road system. One of the streets is to end in a cul-de- sac at the southeast corner of the property, which will provide an additional looped road system with the adjacent parcel. The Senior Planner stated there are two existing residences on the subject 27 acres. One of those residences will remain while the other is to be removed to provide access to the proposed subdivision. Lot 15 is identified as parkland. Lot 62 is identified as a temporary emergency access to the Main Mall; however, the Fire Department has requested that be . designated as a permanent access unless a permanent emergency access is identified and installed further to the east, from the Main Mall parking lot, across the adjacent parcel. Senior Planner Dave Skelton stated the applicant is proposing a looped water system with the Main Mall water system, which is private. He noted the Director of Public Service has 04-18-94 . -.-.-.. .-.. -- - 4 - indicated he has no problem with that proposal, if the private system meets City standards; and he further recognizes the benefits that looping could provide to everyone in the immediate area. The Senior Planner noted that during the public hearings on the annexation requests, considerable concern was expressed about the traffic impacts that development of the site will . generate on West Babcock Street. He estimated that this 83-lot subdivision will generate an additional 765 vehicle trips per day on West Babcock Street. Under current plans, the Montana Department of Transportation has scheduled the realignment and signalization of the intersection of West Main Street/West Babcock Street/South 23rd Avenue for completion in the Fall of 1995. In conjunction with this subdivision, the applicant is being required to sign waivers of right to protest the creation of special improvement districts for improvements to West Babcock Street and for signalization of the West Main intersection, even though the State highway project is scheduled. The Planner noted that the City Engineer has been asked to draw tentative boundaries for a special improvement district to improve West Babcock Street. He noted that, while only properties inside city limits can be included in those boundaries, staff feels it is imperative that those properties outside city limits participate in the improvements . as well. He stated that, included in the Commissioners' packets, is a letter from the County Commission indicating they would not initiate a rural improvement district on those properties lying in County Zoning District No.1; however, they did not exclude the possibility of County participation in improvements to West Babcock Street. He stated that, based on traffic counts, West Babcock Street is not running near capacity. He noted, however, that the narrow street leads to severe vehicle/bicycle/pedestrian conflicts which must be addressed. Senior Planner Skelton stated that the applicant has proposed utility easements along the fronts of the lots; however, the subdivision regulations require that those easements be located along the rear and side yards. The Senior Planner noted that the subject parcel is generally surrounded by barbed wire fence; and the zone code does not allow barbed wire or electric fence within city limits. . The applicant must, therefore, provide new fence around this subdivision. Also, a screening and buffering system is to be provided adjacent to the Main Mall and the development to the west, along Wilda Lane. The Planner stated that amendment of the covenants is to be completed through the 04-1 8-94 - 5 - appropriate zoning and subdivision processes. Realignment of some of the lots is being recommended, to ensure that the lots meet the minimum widths. Senior Planner Skelton stated that this application has been reviewed in light of the five public interest criteria set forth in the Montana Code Annotated; and a detail of the staff . findings is included in the written staff report. He then highlighted the conditions recommended by the Planning Board and the two additional conditions contained in his memo of April 14. Responding to Commissioner Frost, the Planner stated that the streets are 37 feet wide, back-of-curb to back-of-curb. He then indicated that only City standard streets have been contemplated in this subdivision, not narrower streets. Further responding to Commissioner Frost, the Planner indicated that the open space area at the intersection of Lillian Way and Donna Avenue is designed to serve as a detention/retention area; and has specifically been located there as a result of engineering stud ies. Commissioner Frost then expressed concern about the difficulty that might be . encountered in reaching the linear trail from the northwest corner of the subdivision. The Planner responded by stating it is anticipated that people will use the sidewalks along Donna Avenue to reach the linear park, then walk along the park. Responding to Commissioner Frost, Mr. Keith Belden, Morrison-Maierle/CSSA, stated a four-foot retaining wall is proposed between the subdivision and Main Mall. He noted that the retaining wall won't extend to the end of the property, so pedestrian access can easily be gained to the Mall parking lot from this subdivision. Responding to Commissioner Frost, the City Manager stated the language", or other appropriate financial participation" should be added to the condition regarding special improvement districts. Responding to Commissioner Youngman, the Senior Planner stated that alternative . accesses, particularly into the Main Mall parking lot, have received extensive consideration. He cautioned, however, it is inappropriate to encourage access through a private parking lot because of the unsafe conditions that can create. He stated that, while staff recognizes the concerns that are created by providing two primary accesses onto West Babcock Street, no viable alternative for providing access to West Main Street has been identified. 04-18-94 ----.. - 6 - Senior Planner Skelton then reminded the Commission that the City has sixty days to complete review of a preliminary plat application; and that review time expires on April 29. Mr. Mike Lilly, attorney representing the applicant, stated that, as approved by the Planning Board, this is a one-phase subdivision; and the applicant has requested a two-phase . subdivision. He stated the applicant had proposed to develop the east half as Phase I and the west half as Phase II. He noted that the Planning Board, by its approval of the subdivision with the condition that the looped water system be installed and that Donna Avenue be paved immediately, has created the one-phase process. He stated that under the applicant's proposal, 38 lots would be developed under Phase I, with the remainder in Phase II. Mr. Lilly then stated that the applicant would prefer to install 33-foot-wide streets instead of the City standard 37-foot-wide street; however, he did not include that in his application. He asked that the reduction in street width be considered by the Commission at this time. He noted that an emergency access to the Main Mall via the property to the east would be preferable to the location of the temporary emergency access, which is immediately behind J.C. Penney. He noted that this means emergency vehicles must maneuver around the . Main Mall building to gain access via the emergency access; and its relocation to the northeast corner of the parking lot would alleviate that maneuvering. He also noted that Mr. Cook has indicated his willingness to develop a subdivision plan which will allow for that emergency access and which will provide a roadway system that will connect to Donna Way. Mr. Lilly then stated concern about the condition pertaining to the screening fences, particularly along the western property line. He stated that since the site is used for agricultural purposes at this time, it is necessary to retain the barbed wire fence. He noted that when the site is developed and the fence is changed, the recommended condition requires that the fence be acceptable to both the developer and the adjacent property owner, expressing concern that this could result in a variety of fencing. Mr. Lilly stated that, aside from the issues raised above, the applicant generally agrees . with the conditions as recommended. Commissioner Youngman stated her interest in seeing a variety of lot sizes within this proposed subdivision. She also suggested that by decreasing the sizes of some of the lots, a buffer between this subdivision and the development along Wilda Lane could be provided. 04-1 8-94 -.. - 7 - Mr. Anson Crutcher, applicant, stated that many different options for developing the subject property were considered prior to development of the proposal which is now before the Commission. He stated that this proposed subdivision is designed to accommodate the topographical features of the site, preserving the riparian habitat that now exists and making . it available to the public via the linear pathway. He noted there are some smaller lots designed into the project, as well as some larger ones. He then stated that when they began this process, the intent was to develop a 100-lot subdivision; however, because of the topographical features and existing ditch/streams, they were only able to design 83 lots on the site. Responding to Commissioner Frost, Mr. Lilly stated the linear trail along the ditch/stream is to be landscaped. He cautioned that the applicant may not have any control over development and maintenance of that park area, however, because staff has recommended that a maintenance district be created. He then noted that meetings with representatives of the Farmers' Canal Company reveal that they are concerned about development along the ditch/stream; and those concerns should be carefully considered. . Responding to Commissioner Stueck, Mr. Lilly stated the applicant anticipates that after 24 lots in the first phase have been sold, lots in the second phase can be placed on the market. He projected that will occur after the first or second year after the subdivision is created. Responding to Commissioner Frost, Senior Planner Skelton stated the Environmental Engineer Mike Morgan is currently reviewing information on the Main Mall water line which has been submitted to his office. He noted that the Engineering Department will probably want to visually inspect the water line to ensure that it meets City standards prior to forwarding any type of recommendation to allow looping of the line and accepting it into the City's system. He then noted that the Engineering Department and the Director of Public Service recognize the benefits of looping of this water line, if it meets City standards. . Responding to questions from Commissioner Frost, City Attorney Luwe cautioned that the Commission cannot seek alternative financial guarantees from parties who have previously signed waivers of right to protest the creation of special improvement districts. Responding to Commissioner Stiff, the Senior Planner stated that the Planning Director and Assistant Planning Director met with representatives from the County Commission 04-18-94 -".. .8- and the County Road Superintendent regarding the use of enhancement monies to improve pedestrian circulation. He then noted that West Babcock Street is a 24-foot-wide street with no shoulders; and improvements are estimated to cost $1.2 million. He then cautioned that this issue is not a part of the subject application; and it would be inappropriate to require the . applicant to provide pedestrian facilities when there are no others along the street. Responding to City Manager Wysocki, Mr. Keith Belden, Morrison-Maierle/CSSA, stated that in some places, there are 7 to 8 feet ot right-ot-way beyond the street pavement and in other places, there is as much as 15 to 16 feet. He then cautioned that, because of the borrow pit along the road, it would probably be best to install a pedestrian pathway along the north side of the street. In response to the City Manager, Mr. Crutcher stated he would be willing to participate in the installation of a pedestrian way, in his proportionate share, even if it is installed along the north side of the street. Responding to Commissioner Stueck, Senior Planner Skelton stated that under the recommended conditions, the Planning staff will make the tinal decision on the type of fencing . to be used along the borders of this property. Responding to Commissioner Youngman, the Senior Planner cautioned that only an emergency access is to be provided onto Main Mall property. He stressed that staff does not want to encourage an access that will result in a public thoroughfare through a private parking lot. Responding to City Manager Wysocki, Senior Planner Skelton stated that it appears if access is to be gained to West Babcock Street from this site or from the site to the east, it may be necessary to purchase some property tor a public street right-ot-way. Responding to the City Manager, Mr. Lilly stated the applicant is willing to accept the condition pertaining to emergency access as recommended by the Planning Board. Responding to Commissioner Frost, the Senior Planner stated that the subdivision . regulations require that a secondary access be provided; and the basis for waiving is a physical or topographical feature. He stated that staff does not recommend waiving of those standards. He further cautioned that under the City standards, streets must be paved, with curb, gutter and sidewalk; therefore, a gravel street is not acceptable. 04-1 8-94 - 9 - Mayor Vincent noted the complexity of this preliminary plat, and the fact that the Commission is unable to make a decision today because of those complexities. City Manager Wysocki asked if the applicant is willing to grant a one-week extension for making a decision on this application. He noted the Commission does have until next . week's meeting to make a decision and still be within the 60-day timeframe; however, it may be necessary to delay the decision yet another week. Mr. Mike Lilly stated the applicant has no objection to granting an extension, so the Commission can make a decision the first week of May if necessary. Mayor Vincent asked that the Commissioners forward any comments and concerns they may have regarding this item to staff by 5:00 p.m. on Wednesday. He then asked that this item be placed on the agenda for a decision as soon as possible. Request for Dermission to extend City sewer service to Fort Ellis Leisure Community - Planned DeveloDment. Inc. (Bozeman Trail Road/Canarv lane) Included in the Commissioners' packets was a memo from Nadia Beiser, Principal in Planned Development Inc., dated April 14, 1994, forwarding a modified proposal to connect . the Fort Ellis leisure Community project to the City sewer system. Attached to that letter was a letter from Morrison-Maierle/CSSA, consulting engineer, dated April 13, forwarding technical information on the proposal. Ms. Nadia Beiser, applicant, noted that in discussion on the previous request to connect to City water and sewer services, the Commissioners noted support for the concept of allowing the requested connection to City services because of the environmental benefits that would be derived; however, they also forwarded several overriding concerns. She noted those concerns included the limited supply of water available to the City, the immediate financial impact to the City and concern about future impacts on the capacities of the plants, particularly the waste water treatment plant. . Ms. Beiser stated this new proposal addresses those concerns, reviewing the elements of the proposal. She stated that, instead of utilizing the City water system, the developers now propose to drill on-site wells, with a large water reservoir and distribution system. When the City extends its lines to this area, Fort Ellis leisure Community could then tie into the system; and its water would be made available to the City. The on-site water 04-1 8-94 - 10 - system could also be used to improve fire protection to the surrounding neighborhoods, because the reservoir would provide a good source for filling of pumper trucks. Ms. Beiser stated her firm would also be willing to pay for the up-front costs of oversizing the sewer lines which the City may require, beyond the capacity needed for the Fort . Ellis Leisure Community. She stated that this would be done with the understanding that as development along the line occurs, there would be a payback for that line. Ms. Beiser recognized that the City is in the process of developing an impact fee structure; and the actual figures will not be known for probably a year. She then stated a willingness to deposit an estimated amount into an escrow account to cover the impact fees for sewer. She noted that once the impact fees have been established, the amount in the escrow account would be adjusted as needed. Ms. Beiser stated that this request conforms with the policy statement issued by the Gallatin County Health Department on March 22, which states that the department strongly supports community water and sewer systems in subdivisions. She then asked the Commission to conditionally approve this request, recognizing that final action will be taken . after detailed engineering designs have been approved by the Montana State Department of Health and Environmental Services and the City staff. City Manager Wysocki cautioned the Commission that at this time, staff is prepared to address this request on a conceptual basis only, and asked that their discussion be at that level as well. He then reminded the Commission that the subject site is located outside the sewer service area and is not contingent to the city. He then stated that a conversation with the Health Department this afternoon revealed that they have had no problem with septic systems in the Clover Meadows Subdivision, and recognized that those systems are not old. He further noted that the soils in this area can more easily accommodate a septic system than in some areas around the community; and the groundwater table is somewhat lower. The City Manager stated that he and Administrative Services Director Gamradt have . reviewed the proposed impact fees contained in the Brown/Caldwell report, which is several years old. He noted that, including inflationary calculations, the impact fee would be $445; and that does not take into consideration the increases in construction fees which have occurred. 04-18-94 - 11 - The City Manager then encouraged the Commission to consider the basic questions, which is whether they want to extend the City's sewer system to the extent requested. Ms. Nadia Beiser stated that at this time, she is seeking direction. She stated that if it appears the City will allow connection to the City sewer system, the consulting engineers . will proceed with designing of that type of system; and if the City will not allow the connection, the consulting engineers will proceed with designs for a central sewer system. She suggested it makes environmental sense to allow connection to the City's system. Ms. Beiser then stated that the Gallatin County Health Department policy indicates that they are concerned about septic systems at a density greater than 40 systems per square mile, or one system per 16 acres. She noted that the density of septic systems in that immediate area is much greater than that; and extension of the City sewer system to the Fort Ellis Leisure Community would result in the system then being readily available for those properties in the Clover Meadows Subdivision which may encounter failed systems. Commissioner Stueck stated his desire to receive input from Director of Public Service Forbes prior to making a decision on this request. . Commissioner Stiff stated his appreciation for the information which Commissioner Stueck had submitted to the Commission regarding impact fees. He then stated his support for addressing the environmental concern. He noted, however, that the issue of plant capacity must also be considered; and the developer should be required to pay a proportionate cost for that capacity. He then stated an interest in staff input on how the fee for sewer service would be calculated, since the sewer charge is based on water usage; and in this instance, the property would not be serviced by City water. Commissioner Stiff then forwarded his discomfort with the idea of approving this request without knowing what the impact fee will be, stating it is not fair to either party. He also indicated an interest in receiving input from staff prior to making a decision. Mayor Vincent stated this proposal is a substantial improvement over the previous . proposal. He noted, however, that he feels it is important to receive information from staff prior to making a decision on the proposal. Ms. Nadia Beiser stated she will soon be coming forward with plans for the subdivision and the planned unit development; and she needs an answer to this request as quickly as possible, so the engineers know how to design the project. She noted that if the 04-18-94 - 12 - City does not approve this request for connection to City services, then a large lagoon system will need to be designed into the plans, which will take some of the open space previously planned. Commissioner Stueck noted that he supported the previous proposal; and he feels this . proposal is even better. He stated that his position is based on environmental concerns. Commissioner Frost stated he agrees with the concept, based on environmental concerns. He also noted that the City is also considering the extension of water and sewer services to property located at the intersection of South Third Avenue and Goldenstein Lane, which is also outside the sewer service district, although it is adjacent. Commissioner Youngman stated she is concerned about the City's water supply. She noted, however, that since this request is for the extension of sewer lines only, she is inclined to be supportive. Commissioner Stiff stated that, conceptually, the proposal seems to be acceptable. He stated, however, he is very concerned about the precedent which approval may establish. He then reiterated his concerns about proceeding with any formal action until the impact fees . are more closely known. He is also concerned about the possibility of requiring upfront costs, and then requiring the developer to pay for plant expansion through repayment of future bond issues. Mayor Vincent stated he feels the concept is good, based on environmental issues. He then asked that the precedent which approval of this request might set be one of the issues which staff addresses in the information submitted back to the Commission. Ms. Beiser thanked the Commissioners for their comments. Mayor Vincent stated this item will be placed on the agenda for further discussion as soon as possible. Ordinance No. 1380 - zone maD amendment - R-Q to B-2 - lot 2. Block 1. Triangle Area . Annexation (2302 West Main Street) This was the time and place set for final adoption of Ordinance No. 1380, as approved by the City Attorney, entitled: ORDINANCE NO. 1380 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT 04-1 8-94 - 13 - DESIGNATIONS FROM AN "R-O" (RESIDENTIAL--OFFICE) TO A "B-2" (COMMUNITY BUSINESS) DISTRICT ON LOT 2, BLOCK 1, TRIANGLE AREA ANNEXATION. The City Manager reminded the Commission that they had provisionally adopted this ordinance at their meeting of April 4 and recommended that it be finally adopted at this time. . It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission finally adopt Ordinance No. 1380, amending the zoning designation on Lot 2, Block 1, Triangle Area Annexation from R-O, Residential--Office, to B-2, Community Business. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Pledged Securities as of March 31. 1994 In compliance with the provisions of Sections 7-6-201 to 7-6-212, M.C.A., Commissioner Frost and Commissioner Youngman have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds . deposited in Bozeman banks. The inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission approve the Pledged Securities as of March 31, 1994, listed as follows: DEPOSITORY BONDS AND SECURITIES MARCH 31, 1994 RATE MATURITY RECEIPT NO. T9TAL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with National Bank of Commerce Dupage Cnty, III SID #045 Bds 6.1 06/01/2001 048037 $ 300,000.00 West Jordan UT Wtr & Swr Rev Bd 7.25 07/01/1994 046776 200,000.00 . EI Paso Cnty Co Hosp Rfgd 7.20 05/01/1994 046737 200,000.00 Cowlitz Cnty WA SID #401 6.30 06/01/2000 048236 290,000.00 Sub-Total - First Security Bank - Bozeman $ 990.000.00 Pledaina Amendment to ReDurchase Aareement: Trusteed with National Bank of Commerce: Fed Home Loan Banks floater 07/28/1997 052396 $ 1,000,000.00 04-1 8~94 - 14 - Fed Home Loan Banks 6.625 07/10/1 997 052192 800.000.00 Sub-Total - Repurchase Agreement $ 1 .800.000.00 TOTAL - First Security Bank - Bozeman $ 2.790.000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the . provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the National Bank of Commerce for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of March 31, 1994, by the banks of Bozeman and approve and accept the same. JOHN VINCENT, Mayor JOE N. FROST, Commissioner ALFRED M. STIFF, Commissioner DON E. STUECK, Commissioner MARCIA B. YOUNGMAN, Commissioner 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. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "National Librarv Week" - ADril 17-23. 1994 ADDlication for Liauor License - Santa Fe Reds. 1235 North 7th Avenue - Calendar Year 1994: contingent UDon receiDt of State license ADDlication for Beer and Wine licenses - Gallatin Valley Softball Association - for tournaments at Recreation ComDlex on May 7 & 8: 14 & 15; 21 & 22: June 4 & 5: 11 & 12: 18 & 19: 25 & 26: July 8.9 & 10: 16 & 17: 23 & 24: 30 & 31: Auaust 6 & 7: and 12. 13 & 14: continaent UDon receipt of State licenses Deviation from Section 18.50.060 to allow Dorch covering to encroach 5 feet into required 20-foot front vard setback for architectural . features - Don Dickson. 324-330 North Montana Avenue: Der DRB recommendations (Z-9433) Deviation from Section 18.16.050 to allow residential addition to encroach 2 feet into required S-foot side yard setback - Mimi Welsh. 903 South Grand Avenue: Der DRB recommendations (Z-9432) 04-1 8-94 - 15 - Deviation from Section 18.50.070 to allow a fence to exceed the 4-foot height limitation in the front (corner side) yard by 1 % feet - Steven Knox. 601 North Tracy Avenue: oer DRB r~commendations (Z-9434) Deviation from Section 18.50.060 to allow residential addition to encroach 2 feet into reauired 15-foot side corner yard ~ Randy Cline. 624 North Montana Avenue: oer DRB recommendations (Z-9428) . Staff reoort - annexation reauest submitted by PC Develooment - 1.51-acre tract know as Tract A. shown as the Ferguson and Bacon Tract on COS No. J-92-A. located in a oortion of the SE %. Section 1 O. T2S. R5E. MPM (southwest quadrant of future intersection of Babcock and Fowler) (A-9401) Commission Resolution No. 2968 - intent to annex 1.51-acre tract known as Tract A. shown as the Ferguson and Bacon Tract on COS No. J-92-A. located in a Dortion of the SE%. Section 10. T2S. R5E. MPM (southwest auadrant of future intersection of Babcock and Fowler) COMMISSION RESOLUTION NO. 2968 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MOVE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. . Commission Resolution No. 2969 - adopting a comDetitive sealed Droposal procedure for certain contracts and appointing a Drocurement office COMMISSION RESOLUTION NO. 2969 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. ADOPTING A COMPETITIVE SEALED PROPOSAL PROCEDURE FOR CERTAIN CONTRACTS AND APPOINTING A PROCUREMENT OFFICE. Authorize Citv Manager to sian - utilities agreement with the Montana Deoartment of Transportation - installation of sleeves alonq North 19th Avenue for future water line construction Authorize City Manager to sign - General Proiect Develooment and Construction Agreement with the Montana Deoartment of Transoortation - Community Transportation Enhancement Program proiect STPE 1215(1 L Highland Boulevard bike/pedestrian facility It was moved by Commissioner Frost, seconded by Commissioner Youngman, that . the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. 04-1 8-94 - 16 - Recess - 5:25 D.m. Mayor Vincent declared a recess at 5:25 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. . Reconvene - 7:00 D.m. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. Continued public hearing - Commission Resolution No. 2955 - intent to annex 28.759-acre tract located in the SW%. SE%. Section 24. T2S. R5E. MPM (west side of South Third Avenue) This was the time and place set for the continued public hearing on Commission Resolution No. 2955, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2955 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONT ANA. DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN. THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED. TO EXTEND THE . BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Included in the Commissioners' packets was a letter from J. Craig McVicker. on behalf of Bozeman School District No.7, dated April 7, 1994, requesting a continuation of this hearing and the ensuing public hearing to a later date. Mayor Vincent reopened and continued this public hearing indefinitely, in response to the applicant's request. Continued public hearing - Zone MaD Amendment - A-S to PlI - Bozeman School District No. 7 - COS No. 482. located in the SE%. Section 24. T2S. R5E. MPM (28.759-acre parcel located along west side of South Third Avenue aDproximately % mile south of intersection with Graf Street (Z-9404J This was the time and place set for the public hearing on the Zone Map Amendment . from "A-S" (Agriculture--Suburban) to "PU" (Public Lands and Institutions) requested by Bozeman School District No.7, under Application No. Z-9404, for a 28.759-acre parcel known as Certificate of Survey No. 482, located in the Southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly 04-' 8-94 - - ...--..-.-- - 17 - located along the west side of South Third Avenue approximately one-quarter mile south of its intersection with Graf Street. The Mayor referenced the letter which had been included in the Commissioners' packets, as noted in the above agenda item. He then reopened and continued this public . hearing indefinitely, in response to the applicant's request. Public hearina - Commission Resolution No. 2966 - intent to create SDecial ImDrovement District No. 659 - Daving and storm drains - North 19th Avenue from West Oak Street to Baxter Lane This was the time and place set for the public hearing on Commission Resolution No. 2966, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2966 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 659 FOR STREET IMPROVEMENTS FOR THE CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, STORM DRAINAGE, AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 2,390-FOOT PORTION OF NORTH 19TH A VENUE BETWEEN BAXTER ROAD AND WEST . OAK STREET, IN THE CITY OF BOZEMAN, MONTANA. Mayor Vincent opened the public hearing. City Manager Wysocki stated the proposed special improvement district is to include 116 ~ acres located along the alignment of North 19th Avenue between Baxter Road and West Oak Street, which is 2,390 feet in length. He characterized this as the missing link in the North 19th Avenue corridor/North 19th Avenue interchange project. He indicated that the roadway is to include a 14-foot-wide median, two 12-foot-wide driving lanes and two 8- to 9-foot-wide lanes for bicyclists and pedestrians initially. Eventually, two more 12-foot-wide driving lanes and curb, gutter and sidewalks are to be installed. The City Manager stated the estimated cost of this project is $355,000. There are two property owners involved within the proposed district and, based on square footages, one . property owners would be responsible for $174,391.85, while the other would be responsible for $180,608.15 of the costs. He stated that at the time of annexation, each of the property owners was asked to execute a waiver of right to protest the creation of special improvement districts, including one for improvements to North 19th Avenue; and those waivers are on file in the Clerk's office. 04-1 8-94 --- ..-.. - - 18 - City Attorney Luwe noted that written protests must be submitted to the Clerk of the Commission within fifteen days of the first publication of the notice of intent to create an SID. He stated that one protest was appropriately filed within that timeframe; and the Commission must make a ruling on whether that protest is sufficient to prohibit further consideration of this . item. He noted that, even if the Commission rules it is not sufficient, it may still consider that protest and determine it is inappropriate to proceed any further, or it may decide to proceed with the district. Mr. Joby Sabol, attorney representing Mr. Philip Saccoccia, Jr., stated his client has forwarded a formal letter of protest to the proposed special improvement district; and it was received in the Clerk's office in a timely manner. He then reviewed the basis of the protest, which relies heavily on the history of the subject property. He noted that when Mr. Saccoccia executed the waiver of right to protest the creation of a special improvement district for improvements to North 19th Avenue, it was designed as a local street which ran immediately adjacent to his property. The alignment of the roadway has now been changed, so that it abuts only a small portion of Mr. Saccoccia's property; and it is to be constructed as a limited . access roadway. On that basis, Mr. Saccoccia believes this proposed special improvement district is being assessed in an inequitable and unfair manner, based on the limited benefit which he will now realize from the construction of this roadway. Mr. Don Cape, representing Cape-France Enterprises, the other property owner involved, stated that, through no fault of the City's, he did not receive notification or a copy of the resolution under consideration until today. He then forwarded his protest to the creation of this proposed special improvement district because the product is not a typical city street. He noted, instead, the roadway is actually a major roadway into the community, with limited access to properties on either side. He stated that he has dedicated the right-of-way for the new road alignment and has worked with the appropriate agencies throughout the process. He forwarded his position that he should not be required to participate financially in the . construction of the roadway as well, particularly in light of the limited benefit he will receive. City Manager Wysocki stated that under this special improvement district, as designed, the adjacent property owners are being asked to pay for the costs of construction one-half a local street standard, which is the standard City requirement for development. He stated that those costs are to be spread over a twenty-year period under this proposed district. 04-1 8-94 _..~ .u.___ - 19 - The City is to participate in costs of the project as well, paying approximately $230,000 of the costs of construction immediately. The City Manager then stated that, since the City has received protests from 100 percent of the property owners involved, it appears that alternative funding mechanisms may . need to be considered. City Attorney Luwe stated the only protest submitted to the Clerk of the Commission's office was the protest from Mr. Saccoccia. He noted that under the statute, Mr. Cape's protest is not sufficient to preclude formation of the special improvement district; however, the Commission may decide to consider it. He then stated that staff must review the waivers of right to protest the creation of a special improvement district for improvements to North 19th Avenue in an effort to determine how they might impact the protests heard this evening. He then asked that the Commission continue this public hearing to May 9, to allow staff an opportunity to review the issues which have been raised during this hearing. Mayor Vincent continued the public hearing to 3:30 p.m. on Monday, May 9, 1994. . Public hearing - Conditional Use Permit - Town PumD. Inc. - allow addition of gambling casino and lounge in interior of existing convenience store and Drovide additional Darking - 2607 West Main Street (2-9414) This was the time and place set for the public hearing on the Conditional Use Permit requested by Town Pump Inc., under Application No. Z-9414, to allow the addition of a gambling casino and lounge in the interior of the existing convenience store located in the Town Pump Annexation, and to provide additional parking. The subject parcel is more commonly located at 2607 West Main Street. City Manager Wysocki stated that, just prior to the meeting, a letter dated April 18, 1994, from Jerry Gaston, representing Town Pump, Inc., was distributed to the Commission. He noted that letter requests that this public hearing be opened and continued to a later date. Mayor Vincent opened and continued the public hearing to a later date, per the . applicant's request. Public hearing - aDDeal of Planning Board decision to deny aDDlication to allow construction of six dUDlexes on Lot 2. GUY'S Second Addition (125 East Alderson Street) based on design - Clair Daines (2-93177) This was the time and place set for the public hearing on the appeal submitted by 04-1 8-94 . n ..._____. - - -.. . -.. - ...--... - 20 - Clair Daines, under Application No. Z-93177, of the City-County Planning Board's decision to deny construction of six duplexes on Lot 2, Guy's Second Addition, based on design. The subject parcel is more commonly known as 125 East Alderson Street. Mayor Vincent opened the public hearing. . Senior Planner Dave Skelton reminded the Commission that this public hearing is on an appeal and is, therefore, subject to the provisions of Chapter 18.58 of the Bozeman Municipal Code. He cautioned that, while the Commission may accept public testimony in this public hearing, its decision must be based on the grounds of the appeal and the record from the City-County Planning Board meeting. He further cautioned that no new additional information may be submitted at this public hearing. He then reminded the Commission that following this public hearing, the Commission must uphold, overturn or modify the Planning Board's decision. City Attorney Luwe emphasized the fact that no new information may be submitted at this public hearing. Senior Planner Skelton then presented the staff report. He stated this public hearing . is to consider an appeal by the applicant of the City-County Planning Board's 7 to 3 decision to deny his application for a major site plan to allow the construction of six duplexes on 1.999 acres. He stated the subject site is zoned R-3a; and duplexes are allowed as principal permitted uses within that district. The master plan land use designation for the subject site is urban residential infill. Since the subject parcel is located within a neighborhood conservation overlay district, this application must also be considered in light of the provisions of Chapter 18.42 of the Bozeman Municipal Code as well. The Senior Planner stated that the original proposal was for 22 dwelling units; that number was reduced to 16 dwelling units during review; and was again reduced to 12 dwelling units in the application which was considered by the Planning Board. The Senior Planner noted that, while a portion of the subject parcel is located in the floodplain, that area is located . outside the building envelope for this application. Access is to be provided by an internal looped driveway system from East Alderson Street to Dell Place. An interior courtyard is planned, which will provide open space around which four of the six duplexes will be clustered. Looped water and sewer systems are planned through this proposed project. A path through the subject property currently connects the Gallagater Linear Trail to South Bozeman 04-18-94 - ._._._..._n ~--_.__._- .--.----....-- - 21 - Avenue and the downtown business district. A substantial amount of mature vegetation exists on the subject site; and the applicant proposes to preserve as much of that vegetation as possible. The Senior Planner stated that the Development Review Committee reviewed this . application and recommended approval, subject to several conditions to ensure that concerns raised would be appropriately addressed. He noted some of those concerns pertain to ensuring that residential development be sensitive to the transitional character of the site, since it lies between existing residential development and the natural environment. He emphasized the fact that protection of the natural elements is critical on this site. The Senior Planner stated that a review of development in the immediate area revealed that there is substantial diversity. He noted that most of the homes in the area, however, do have double hung windows, steeper roof pitches and horizontal siding. He also noted that details of the streetscapes, pedestrianscapes and boulevards in the area should also be taken into consideration when reviewing this application. Senior Planner Skelton stated that the Design Review Board reviewed this application . a number of times, both informally and formally. He stated that at its last review, the ORB voted 4 to 3 to recommend approval, determining that the proposal is appropriate for the surrounding neighborhood and in the neighborhood conservation overlay district. He noted that discussions during the reviews revolved around historic patterns, architectural elements, orientation, streetscape and pedestrian circulation. The Senior Planner stated that at its March 22 meeting, the City-County Planning Board conducted its public hearing on this application. Following that public hearing, and consideration of all the input received from staff, the advisory bodies and the public, the Planning Board voted 7 to 3 to deny this major site plan. The bases for that denial include design, the proposed pedestrian circulation, and the finding that this proposal does not preserve the residential character of the area. The Planner stated that a majority of the Planning Board . further determined that this proposal does not meet the provisions of Section 18.42.01 0.E.5., which states "Seek to maintain and enhance the many private and public elements that are unique to the fabric, theme and character of each neighborhood and area, including but not limited to: lighting, pathways, street trees, natural areas and other features that may, from time to time, be identified by the citizens and property owners of neighborhoods, areas and 04-1 8-94 -.-.---- - 22 - subsections thereof;" He emphasized the fact that, while testimony included concerns about traffic, sewer, wetlands, water and density, the Planning Board's denial was not based on any of those factors. Senior Planner Skelton reviewed the grounds of the appeal filed by Mr. Clair Daines, . which are as follows: 1 . The design standards being imposed by the Planning board are far in excess of the intention of the overlay district and are not consistent with the reality of existing development in the neighborhood. The Design Review Board is the agency responsible for reviewing design criteria per Chapter 18.42 of the zone code. The application was approved by the Design Review Board and appeals to their decisions must be made there; 2. Design standards applicable to historic preservation districts are being applied inappropriately to this application; and 3. Public testimony and activity has implied that this site should not be developed because it is a "place children play". Comments by the Board members supported this view. Senior Planner Skelton noted the Commission has received correspondence regarding this item. He then entered into the record letters of support for the proposed project from Kay Peden, 516 Dell Place, dated April 13; Robert and Nancy Thompson, 424 South Bozeman . Avenue, dated April 13; and Everett and Barbara Edsall, 130 East Story Street, dated April 1 0, 1994. The Senior Planner concluded by reminding the Commission that the Planning Board's decision was based on the following grounds: 1. The design was found to not be compatible with the fabric and character of the immediate neighborhood; 2. The proposed development was not appropriate with respect to the residential quality of the neighborhood (porches, architectural treatment, human aspect, scale); 3. The proposed pedestrian circulation system did not preserve the residential quality and nature of the area; and 4. The proposal does not meet the provisions of Section 18.42.010.E.5., which seeks to "... maintain and enhance the . many private and public elements that are unique to the fabric, theme and character of each neighborhood and area ...". Responding to Mayor Vincent, Senior Planner Skelton stated that, due to the notification procedure followed for this appeal, testimony may be provided on any of the issues which were raised at the Planning Board meeting, not just limited to the grounds of the appeal 04-18-94 -...-...-.---.- - 23 - or the issues upon which the denial was based. He then reminded the Commission that there is no set timeline for review of an appeal; therefore, there is no set deadline for the decision. Mr. Clair Daines, applicant, stated the underlying issue in this application is the housing crisis which the community is facing. He reminded the Commission that this . application was recommended for approval by the Development Review Committee, which is comprised of the City's technical staff, and by the Design Review Board, which is comprised of professionals. He estimated that the Planning staff has spent hundreds of hours on this project, emphasizing that this proposal, as it has been forwarded to the Commission, complies with the master plan and the zone code. He questioned what document developers are to follow when attempting to address the housing issues if these two documents are not upheld. Mr. Daines noted the opponents have indicated this application does not comply with the historic overlay district; however, he reminded the Commission that the subject property does not lie in an historic overlay district. He showed several slides of homes in the area and the subject site, providing a set of pictures of many of those homes for the record. He noted that development immediately around the subject site includes single-family houses, multi- . family dwellings and industrial development. Mr. Daines noted that at the Planning Board meeting, some of the opponents expressed concern that his proposed duplexes do not contain craftsman design elements. He noted that, after research on the craftsman design, it appears those homes could be purchased through the catalog and that very few of the existing homes in that area are actually craftsman homes. He further noted the diversity of the homes in the area, with some of them having been constructed in the early 1900's and others being built in the 1950's, 1970's and even the early 1980's, with each of the homes reflecting that period of construction. He stated that characteristics that seem to be reflected on a constant basis is that the homes are modest and affordable. Mr. Daines stated the site is well screened, with a substantial amount of mature . hedge and mature trees located at or near the boundary of the subject site. He suggested that through careful construction, most of that vegetation can be retained and will buffer this proposed project from the public streets. Mr. Daines noted the site, which is located seven blocks from campus and six blocks from downtown, is an ideal location for a planned unit development, which would allow for a 04-1 8-94 --.-. .-- ------. .. - 24- greater density in residential development. He suggested that under this proposal, the duplexes will actually upgrade the area while impacting the services and the area less than a planned unit development might. Mr. Daines noted that complaints have been forwarded about the double car garages . for these duplexes. He reminded the Commission that none of the garages face the pUblic streets and, with the vegetation and landscaping proposed within the development, visual impacts of the garages will be minimized for those moving around on the private road. Mr. Clair Daines stated it had been his original intent to develop affordable homes on this site, at a density of 22 homes on the entire five-acre site, with prices starting at roughly $89,000. He noted that during the review process, however, Planning Director Epple determined that the three-acre triangular parcel could not be considered as a part of the application because of its zoning. Mr. Daines summarized his presentation by indicating he believes this application is appropriate and exceeds the standards set forth in the zone code. He then encouraged Commission approval of his appeal. . Mr. Scott Heck, 700 Dell Place, stated he lives approximately 300 yards from the project. He stated that he would love to have the entire neighborhood as a single-family residential area; however, he fully recognizes that it is not. He noted that the neighborhood has successfully sought rezoning to R-3a in an effort to protect its fabric and limit the type of infill development that occurs there. He stated his appreciation for the neighborhood, noting he lives there by choice. Mr. Heck stated his concern about the mass of this proposed project, particularly in light of the modest homes in the immediate area. He noted that the architecture is nice; and the renderings reflect nice landscaping in a well-designed development. He further noted his interest in seeing the subject site developed. He then encouraged the Commission to approve this application, cautioning that, if possible, the development should be designed and . constructed to provide a logical trail from the Gallagater Trail to the neighborhood, since people tend to walk in straight lines. Mr. Frank Armknecht, 9748 Cougar Drive, stated this appears to be another quality project, architecturally and in overall design. He stated this will be an addition to the area and will add to the tax base of the community. He then encouraged approval of the project. 04-18-94 -------- ..--...---.... n_.__..._n__.__ - .._u.__.__ - 25 - Mr. Mark Gilleland, 815 South 5th Avenue, stated he owns property adjacent to the subject site. He noted several different projects have been proposed on the subject site; however, they were either not approved or were not constructed. He then encouraged Commission approval of this application, stating he believes that construction of the project will . result in increasing the value of the properties in the immediate area. Mr. Jeff Downhour, 418 South Bozeman Avenue, spoke in opposition to the application, as a representative of the Southeast Bozeman Neighborhood Association. He submitted his written testimony to the Commissioners, reviewing that information at length. He stated there is a substantial amount of renovation occurring in the immediate area, as people purchase and rehabilitate some of the older homes. Mr. Downhour reminded the Commission that the neighborhood is zoned R-3a; and the intent of that district is to "... provide for one and two family residential development of a medium density... while preserving the residential quality and nature of the area." He further noted the area lies within a neighborhood conservation overlay district; and any development within that area must be sensitive to the characteristics of the existing neighborhood. He . stated he does not believe that this proposed development meets that requirement. Mr. Downhour then responded to each of the grounds contained in the appeal. He noted the importance of meeting the design standards, rather than proposing "the suburban style 'cookie cutter' units". He also reminded the Commission that the Design Review Board is an advisory board to the City-County Planning Board and the City Commission. Mr. Downhour stated that Mr. Daines' original application was for a density that was double what is allowed in this area. He suggested that the application was submitted simply as a beginning point, and that it could then later be used to show how much the application has improved. He encouraged the Commission to consider the application before them on its own merits rather than comparing it to any applications that may have been previously submitted. He also expressed concern about the fact that one of the Design Review Board . members is the individual who represented this application in the final review, at which the ORB narrowly voted to recommend approval, questioning how much influence that may have had on the Board's decision. Mr. Downhour stated one of the neighborhood's main concerns is that the garages are the dominant point of the structures, extending twenty feet past the dwelling units. He 04-1 8-94 --- ...-----------.------.-- -- ._ _.__...__.__..n_._.__ _. ._ ____n____ _.__._.. - 26 - further noted that porches are the dominant feature of many of the homes in the immediate area, with many of them extending the full width of the house. He stated that, while the porches in this project have been portrayed as meeting the average of the porch sizes in the area, in reality they are very small and do not meet that average size. . Mr. Downhour further expressed concern about the fact that this project could be characterized as "a neighborhood within a neighborhood". He noted that the southeast sector of Bozeman is already comprised of many neighborhoods simply because of the way it is designed and the fact that people tend to relate to those within just a few houses of their own home. He further noted that, while it has been forwarded as a clustered concept, in reality, the buildings are rather evenly spaced on the subject property. Mr. Downhour then addressed the general design review. He noted once again his opposition to the proposed style of the buildings. He stated they are out of character for the neighborhood; and the "developer dull" color shown in the renderings does not reflect the vibrant colors of the surrounding neighborhood. He further noted the diversity of styles in the neighborhood, as opposed to twelve units that all look the same. . Mr. Downhour stated the applicant has indicated that some of the homes in that area are substandard. He stated his disagreement with that assessment, reiterating the fact that many people are now renovating and rehabilitating those homes. He stated that with the rezoning and the implementation of the neighborhood conservation overlay district under the new zone code, people are more willing to invest in those properties because of assurances that inappropriate development will not be allowed to encroach. Mr. Jeff Downhour stated the neighbors have not emphasized the fact that children play on the subject property, although many have made comments about using the subject site for recreational purposes. He suggested that the amount of use the site currently receives simply reinforces the need to retain the subject parcel as open space. He also emphasized the fact that if the site is developed, it must be in character with the neighborhood. . Mr. Downhour stated the proposed units are not being constructed as "affordable housing" units because of the double car garages, the master bath and the walk-in closets that are included. He further suggested that these homes will be sold at market value, rather than at an affordable price. 04-1 8-94 ----- - 27 - . Mr. Downhour then addressed the issue of urban sprawl. He suggested that some people simply prefer to live outside city limits; and, no matter how attractive an infill project may appear, they will not be attracted to live inside city limits. He cautioned that if an inappropriate project is allowed to encroach on an existing neighborhood, the residents of the . neighborhood will no longer upgrade their properties; and urban sprawl will occur because that neighborhood has become deteriorated. He stated that, to date, Bozeman has done a good job of protecting its existing neighborhoods and encouraged the Commission to continue with that practice. Mr. Jeff Downhour stated there are several code issues which he has raised but which remain unresolved. He questioned whether this proposed project is appropriate in the R-3a zoning district, suggesting it may be more appropriately considered as an apartment complex rather than as duplexes since all of the buildings will be located on one lot. He further suggested there are not adequate off-street parking spaces, under the zone code section pertaining to the R-3a zoning requirements. Also, the plan does not provide the necessary setbacks. He noted that staff has indicated there is no public street frontage from which . setbacks are required, which then leads to a question of access if there really is no street frontage. Mr. Downhour summarized his testimony in opposition by encouraging the Commission to protect the character of the neighborhood; and asked that they be consistent in decisions about zoning issues. He noted that the public perception is that while small projects are held to the standards contained in the zone code, larger projects seem to "get away with more". He referenced a sketch plan on the last page of the handout, noting he had sketched one of the proposed buildings into a typical street frontage in the area; and it appears to be out of place. He then encouraged the Commission to carefully consider the neighborhood when making its decision, characterizing the project as inappropriate for the area. Mr. Downhour stated he moved to his home two years ago because he likes the . neighborhood. He noted that he has done a substantial amount of renovation on the his home; however, if the Commission approves this project, he may stop doing so because he fears the neighborhood will lose its integrity and will deteriorate. Responding to the City Attorney, Mr. Downhour stated that he submitted testimony 04-1 8-94 - 28 - before the Planning Board regarding the setbacks in the R-3a, but he did not address the parking issue. Ms. Kay Ruh, 609 Dell Place, submitted a lengthy presentation on the existing sewer system. She forwarded concern about the impact that this proposed development may have . on the sewer system, which is a 90-year-old clay tile line that is undersized by today's standards. She noted the line in South Bozeman Avenue was installed in 1901; and its condition is unknown at this time. She noted that a test was done on the sewer capacity in the immediate area; however, it was done in the middle of the day during spring break. She suggested, therefore, those results may not accurately reflect the capabilities of that line to service the subject site. Ms. Ruh also noted the high infiltration rate that is experienced in that area, which decreases the capacity of the line to service development. She stated that the EP A has determined that sewer flow at the level of 120 gallons per person per day is excessive; and monitoring of these old sewer lines places the level at 232 gallons per person per day. She suggested that a test of the sewer lines, conducted during high usage times when the water . table is high, might provide a more accurate reflection of the capacity of those lines. Ms. Ruh noted the subject parcel has never been developed. She suggested that is because it is located in a floodplain, as evidenced by water standing on the site. She characterized the site as being "dangerously close to being a wetland" and encouraged the Commission to protect it. She further encouraged the Commission to consider some technique for protecting this small piece of green open space within the city limits for an extended period of time. Mr. Lee Stroncek, 818 South Black Avenue, stated he lives adjacent to the condominiums which Mr. Daines built at East College Street and South Black Avenue. He feels the housing crisis in Bozeman is declared by the developers, builders and realtors, not by reality. He then stated his strong opposition to this application, and to the attendant noise as . construction is in progress. Mrs. Kristi Lavin, 311 South Tracy Avenue, addressed the issue of traffic in the neighborhood. She stated that traffic from subdivisions to the south use these neighborhood streets to gain access to the downtown area; and Longfellow School also generates a 04-1 8-94 -.... - 29 - substantial amount of traffic. She noted that, in addition to vehicles, there is substantial pedestrian and bicycle traffic in the area. Mrs. Lavin stated that in 1992, a study was conducted to identify the most dangerous intersections in the community, based on a variety of factors; and four of the top . twenty intersections were in close proximity to the proposed site and would be further impacted by its development. She stated those included Tracy and Curtiss, Black and Olive, Tracy and Olive, and Bozeman and Olive. Mrs. Lavin noted that South Willson Avenue is so congested that people in the subdivisions to the south tend to use the other north/south streets to access the downtown area. She noted that with unprotected intersections, it is easy for people to move along those streets at a rather high rate of speed. She then encouraged the Commission to carefully consider these issues and the density at which that entire area is already developed when taking action on this application. Mr. Bill Davis, 307 South Bozeman Avenue, noted the sewer line in South Bozeman Avenue was installed in 1901. He noted that in the nearly 50 years he has lived at this . location, sewer has been a big issue and concern. He stated that to have the developer install an a-inch sewer main extension, which would dump into the existing 6-inch sewer main, will not alleviate any of the problems that already exist. Mr. Brian Leland, 528 North Bozeman Avenue, stated that at the Planning Board meeting, Mr. Daines responded to questions from one of the residents in the immediate area regarding the idea of building in such a wet area. He noted that his response was once the water and sewer lines are installed, the groundwater will have a tendency to drain into the ditches, running along those pipes, thus lowering the level of groundwater on the subject site. He stated that if this situation involved a new line, that would probably be acceptable. However, in this instance, a clay sewer pipe laid in 1901, which is jointed every three feet and already has a high level of infiltration, is involved. . Mr. Leland also expressed concern that, while the engineering report on this sewer line reveals a level of 234 gallons per person per day, when calculations on the capacity of the line were done, they were based on 100 gallons per person per day. He expressed concern that this method of calculation could lead to some real problems down the road if this project is approved. 04-18-94 - 30- Ms. Mary Ann Ard, 121 South Bozeman Avenue, submitted a letter of testimony. In that letter she forwarded her concerns about the existing sewer line, and forwarded a memo from Superintendent of Water/Sewer Fred Shields and Senior Planner Skelton to the Planning Board, dated March 21, indicating this proposed development will not significantly impact the . existing sewer lines. Mr. Ken Bryson, 716 South Black Avenue, stated he lives adjacent to the subject property . He stated his support for the 10-foot easement which allows him to exercise his water rights on Matthew Bird Creek and for the proposed pedestrian access. He stated, however, he does not support the proposal on an overall basis, particularly without knowing what is anticipated for the triangular parcel. He stated that if the south triangle is to remain a primitive area, that is one thing; however, if it is to be developed, that is quite another. Mr. Dave Boggeman, 515 South Black Avenue, recognized that Mr. Daines owns the subject parcel and has the right to develop it if he so chooses. He asked that the Commission hold him to the same standards that it would if any other property owner in the area wished to upgrade his property. He stated that he likes the feel of the older neighborhood; and he is . concerned that this proposed project would actually degrade the area. Mr. Matt Lavin, 311 South Tracy Avenue, showed several slides of dense residential development in the area, including the Ice Pond Townhouses and the Dell Place Condominiums, as well as Sylvan Springs. He expressed concern about allowing this type of density on the subject property as well. He also showed slides of rental properties, expressing concern that renters often do not take the same pride in their homes and surroundings as property owners do. He reminded the Commission that the neighborhood was so concerned about the level of density in their area that they pursued a zone map amendment to obtain R-3a zoning, which allows no greater density than duplexes on a lot. Mr. Bill Mitchell 122 South Church Avenue, noted another project in the area which was approved with 36 conditions and four variances. He expressed concern that none of those . conditions have been met to date; and the City's enforcement process does not seem to be effective. He noted further concern that approval of this application, subject to conditions, may result in a similar situation. 04-1 8-94 - - 31 - Break - 9:50 to 9:55 D.m. Mayor Vincent declared a break from 9:50 p.m. to 9:55 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. . Public hearing (continued) - aDDeal of Planning Board decision to deny apDlication to allow construction of six dUDlexes on Lot 2. GUY'S Second Addition (125 East Alderson Street) based (>n design - Clair Daines (Z-93177) Mr. Frank Boschi, 525 Dell Place, stated he is also concerned about the sewer line. He suggested that Mr. Daines be required to pay for additional testing of the sewer lines during the upcoming high run-off period, to ensure there is adequate sewer capacity to service the proposed development. Mrs. Carol Dietrich, 120 East Story Street, addressed the wetlands issue. She stated that this is a relatively new issue; and she feels it is important to protect them. She stated that a conversation with Janet Ellis, Audubon lobbyist in Helena, has revealed that obtaining a permit to do construction work in a wetland is extremely easy to acquire. She noted the importance of public awareness and public interest in preserving the wetlands. She then . showed slides of the area, stating that with the vegetation, including willows and rushes, it appears this is a wetland that should be protected. Mr. Mike Becker, 902 South Willson Avenue, stated he is a member of the South Willson Improvement Association, which was successful in creating the first residential historic district in Montana. He noted the subject area is a beautiful one; and it is important to retain this type of area in the inner-city. He stated that, while the subject site may not technically fit the definition of a wetland, the general area is riparian habitat that should be protected as much as possible. Mr. Becker questioned whether this subject site, which is adjacent to a heavily-used recreation area, is the only location in the Gallatin Valley where several duplexes can be built. He also noted the importance of open green space in a city, noting that even New York City . has recognized the importance of parks; and encouraged the City to protect this "environmental treasure in the middle of the city". Mrs. Jennifer Smith Mitchell, 122 South Church Avenue, stated she lived in a basement apartment at 226 South Bozeman Avenue for 12 % years before moving to her current home. She noted that in that length of time, her home was flooded twice. She then 04-18-94 -- - 32 - reviewed her professional background, noting her expertise in history and designing for restoration of historic homes. She stated that an extensive amount of renovation is occurring in the southeast neighborhood, which bordered on blight at one time. She stated that Bozeman and Rouse Avenues were in the center of town at one time, which means that many of the . older homes in the community are located on those streets. In recent years, property owners have taken an interest in upgrading those homes and have begun to remove the siding and other "improvements" that actually hide the beauty of the original construction. She further noted that the area has developed over a number of years; and the period construction is evident as one travels up and down the streets. Mrs. Mitchell noted that Mr. Daines owns the subject parcel; and he should be allowed to develop something. However, she noted it is important that development be sensitive to the historic character of the surrounding neighborhood. She noted that even Butte has come to recognize the importance of ensuring that new development is compatible and blends with the historic area in which it is located, to ensure the integrity of the community. Mrs. Mitchell also expressed concern that it has been difficult to identify what type . of project this is and to identify the sections of the zone code which apply to the application. She suggested that the project should be defined; and the applicable sections of the code should then be applied and met. She also asked for consistency, objectivity and fairness when considering the subject application. Mr. Clair Daines responded to some of the questions and issues raised during the public testimony. He stated that staff has identified the sections of the code which are applicable to the application; and he feels they have been appropriately applied during the review process. Mr. Daines noted that infill is highly encouraged in the master plan and the zone code. He stated that Mr. Fred Shields, Superintendent of Water and Sewer, has the reputation of being one of the toughest City staff members involved in the review process. He stated that . Mr. Shields has reviewed the history of these mains, their capacity and reports which have been done on them. He noted that since 1986, there have been four call-outs on sewer lines in that area; and all of them have involved individual service lines rather than the mains. Mr. Daines estimated that 20 percent of the subject site is "pretty wet". He noted that portion of the site is also generally included in the 35-foot streambank setback 04-1 8-94 ~.._--. ---- ~.- .---- - - - 33 - requirement; and this proposed plan includes an even greater setback from that area to ensure its protection. Mr. Daines then distributed a vicinity map which shows the subject site and those properties which are represented by written testimony both for and against the project. . Mr. Clair Daines then addressed the possibilities for the south triangle, which include (1) leaving it as it is, (2) taking a conservation easement for a trail, (3) having the property appraised and then dedicating it to the City, and (4) developing it. He stated that the last option is really the fourth most desirable in his eyes. City Attorney Luwe cautioned the Commission that the south triangle and the potential development of that site are not an issue to be considered at this time. He noted that the issue was raised at the Planning Board meeting; however, that testimony should not have been allowed because it does not pertain to this specific application. Mr. Daines asked the Commission to consider the following questions when making its decision on this application: (1) is this proposal for high density development; (2) under the PUD process how many units could be developed; (3) is the sewer adequate; (4) is . groundwater an issue; (5) is groundwater going to be a reason to stop development in the valley; (6) are there substantial traffic impacts; (7) is this a poorly designed high-density project; (8) will this application diminish the values of this neighborhood; and (9) is this stock plan that has no place in the area? Mr. Daines recognized that there are a few nice homes in the immediate area; and there are some homes that have been restored. He stated that, while there is a substantial amount of renovation and restoration occurring a couple blocks west of the subject site, there is little restoration actually occurring in that immediate area. City Manager Wysocki entered into the record a letter of support from Mr. David Penwell, owner of property on Dell Place, dated April 18, and a letter of opposition from Lee Stroncek, 818 South Black Avenue, dated April 13, 1994. . Mayor Vincent asked that the Commissioners submit any questions they have to City staff early this week so they can begin working on responses as quickly as possible. Responding to Commissioner Stueck, Senior Planner Skelton stated the original application for 22 dwelling units was designed as a planned unit development on the subject 1.99 acres. 04-1 8-94 - - - 34- Mr. Clair Daines stated it was his intent that the 22 dwelling units in the original proposal would be on the entire five-acre site. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. A decision will be forthcoming after staff has had an opportunity to respond to the . questions and issues raised. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Information on impact fees, as submitted by Commissioner Stueck. (2) Reminder that goals and issues to be considered for impact fees are due today. (3) Memo from Neighborhood Coordinator/Grantsperson James Goehrung, dated April 14, asking that a Commission representative be appointed to the Enhancement Steering Committee. . Commissioner Youngman asked if this item is to be placed on next week's agenda for action. Mayor Vincent noted that he is unable to attend the Committee meetings because they are held during the daytime. He further noted that Commissioner Frost has been involved with this committee since its inception and suggested that he be appointed as the Commission representative, under Consent Items on next week's agenda. (4) Letter from Van Haderlie, 3502 Good Medicine Way, dated April 12, thanking the Commission for it public hearing on the Hannah annexation request. (5 ) L etter from Esther Barr, 408 North 21 st Avenue, regarding the barricade on North 20th Avenue. (6) Letter from Larry Ellison, 3301 West Babcock Street, dated April 8, . regarding the Babcock Meadows Subdivision. (7) Copy of letters sent to property owners at the intersection of West Grant Street and South 6th Avenue by the Engineering Department, announcing that the "no parking" zone has been extended. 04-18-94 u______. --.-- - - n_ - 35 - (8) Copy of a memo from Engineering Technician Andy Kerr to City Manager Wysocki, dated April 14, forwarding information on the North 20th Avenue traffic counts, per the Commission's request. (9) Minutes from the Highway Commission meeting held on March 2 and 3, . 1994, in Helena. (10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 19, at the Carnegie Building. (11 ) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, April 19, at SUB Ballroom C. ( 12) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, April 21, 1994, in the commission Room. ( 13) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, April 19, along with daily minutes for the week of April 4. (14) T he City Manager submitted his weekly report, as follows. (1) Attended the Great Open Spaces City Management Association (GOSCMA) meeting in Caldwell, Idaho, last . week, at which two trainers from the International City Management Association discussed ethics and leadership. (2) Announced that the installation of playground equipment at langohr Park is on hold, as the result of phone calls received when work was started. (3) Stated he has received inquiries about possible acquisition of the Sewer Fund property on North Rouse Avenue. He noted there are eight acres in the subject parcel; and private acquisition of that property could be through a land trade that would recognize appraised value of those eight acres. (4) Announced that 23 headstones were vandalized in the cemetery this past weekend, at an estimated damage of $2,000 to $3,000. ( 15) Commissioner Frost announced that the Tree Advisory Board has expressed a desire to plant a tree in front of City Hall on April 29 in honor of Arbor Day. He noted that the Park Superintendent has indicated it is not possible to obtain the necessary permit from the . State Department of Transportation and get a contractor to remove a square in the sidewalk to allow for the planting of a tree in front of City Hall on April 29; and he has suggested that the northwest corner of City Hall, just outside City Attorney luwe's office as an alternative location in which to plant a north wood maple tree. 04-18-94 - 36 - ( 16) Clerk of the Commission Sullivan reviewed the agenda for next week's meeting, reminding the Commission that an evening work session has been scheduled for the setting of goals for the upcoming fiscal year. ( 17) Mayor Vincent commended Planning Director Epple for his recent . presentation on planning and zoning before the Rotary Club. Adjournment - 10:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. ~~~ - ATTEST: . G1kJ xLd~ ROBIN L. SULLIVAN Clerk of the Commission . 04-1 8-94 --"._-