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HomeMy WebLinkAbout1994-01-03 ccm 'C,. '.,}r' MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 3, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 3, 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 Mayor Vincent noted that the minutes of the regular meetings of December 20 and December 27 were acted upon at the special Commission meeting held earlier today. . Mayor Vincent once again welcomed Commissioner Youngman and Commissioner Stueck to the Commission. He also noted it is nice to have Commissioner Stiff continuing to serve on the Commission and congratulated Commissioner Frost on being re-elected. He is looking forward to working with the new Commission over the next two years. Staff report - reauest for annexation - Thomas C. and Sue Ann Haagertv. 3104 West Babcock Street - 4.0-acre tract described as the west 132 feet of the E%. E%. NW%. SW%. Section 2. T2S. R5E. MPM (3104 West Babcock Street) This was the time and place set for review of the staff report on the request for annexation submitted by Thomas C. and Sue Ann Haggerty under Application No. A-9308, for a 4.0-acre tract of land located in the West 132 feet of the East one-half, East one-half, . Northwest one-quarter, Southwest one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian. The subject site is more commonly located at 3104 West Babcock Street. A copy of the staff report, as prepared by Senior Planner Dave Skelton, was included in the Commissioners' packets. Senior Planner Dave Skelton highlighted the contents of the written staff report, noting this is the first step in the annexation process. He provided some background on the 01-03-94 '.i ..1' - 2 - application, noting that this information will also be utilized during the public hearings this evening. He reminded the Commission that in October 1992, the public hearing on the resolution of intent to annex the 13-acre parcel immediately to the east of the subject site was conducted. Recently, the written staff report on annexation of the 10-acre parcel to the east '. of that tract was the subject of a staff report. He noted that these three parcels, which total 26.2 acres, are the subject of the master plan amendment and zone map change public hearings which are to be held later this evening. He stated that staff is currently reviewing the very preliminary plans for an 84-unit, single-family residential subdivision; and that application will be going through the formal review process later this spring. He cautioned the Commission that at this time, only annexation of the subject 4.0-acre tract is being considered, with annexation being the only process to be addressed at this time. Senior Planner Skelton noted that the subject property is located along the south side of West Babcock Street, immediately north of the Main Mall. He noted the land is currently vacant and is used as pasture. The property lies in County Zoning District No.1 and is zoned R-R, Rural Residential. . Planner Skelton stated that staff has reviewed this application in light of the eight goals and twelve pOlicies set forth in Commission Resolution No. 2716. He noted that the staff findings are fully set forth in the written report, highlighting some of those findings. He stated that many of the concerns and issues raised pertain to development of the site, i.e., infrastructure, covenants, land use and parkland dedication. The Planner stated that access to the site will be gained from West Babcock Street, with a secondary access possibly being provided to West Main Street. He noted that issue will be addressed during the preliminary plat review, along with other transportation issues. He stated that sanitary sewer and water services are readily available to the subject property. Planner Skelton forwarded staff's conclusion that the application is generally in compliance with the goals and policies of the annexation pOlicy. He stated that staff has . included a listing of six items to be addressed in the annexation agreement for the subject parcel, should the Commission vote to proceed with the annexation. Senior Planner Skelton stated that the issues of improvements to West Babcock Street and signalization of the West Babcock StreetlWest Main Street intersection have been discussed at length with each development project along this street over the past few years. 01-03-94 " I' " - 3 - He reminded the Commission that this portion of the community has had a void since the 1970's; and it is a natural extension of the corporate limits to include that void within the corporate limits, recognizing that will occur on a piecemeal basis. He noted that, while this annexation request alone does not display prominent benefits of orderly growth, when '. considered with the adjacent properties, it does. Responding to Mayor Vincent, Senior Planner Skelton stated that when the public hearing on this annexation request is held, staff will recommend that the six items enumerated on the last page of the staff report be satisfied prior to annexation except for the internal vehicular transportation system, which will be addressed during the preliminary plat review. Responding to Commissioner Stiff, Planner Skelton stated that the issue of traffic impacts received a considerable amount of discussion at the Planning Board meeting, when they considered the master plan amendment and the zone map change for this parcel. He stated the possibility of a moratorium on development in that area until West Babcock Street is improved was discussed; however, it was determined that would not be appropriate. He noted the importance of recognizing that development in this area is logical and sensible, and . provides a viable alternative to developing outside city limits. He stated that requiring waivers of right to protest the creation of a special improvement district for improvements to West Babcock Street is a better alternative. He then stated that West Babcock Street currently has a service level of "C". He stated that the amount of traffic on the street is not the problem, rather, it is the vehicular/pedestrian/bicycle conflicts that arise. Further responding to Commissioner Stiff, the Planner stated that the letter from the Fire Marshal is the standard letter they have been issuing. He noted that, since police and fire both provide services to Valley Unit Subdivision, they can easily provide service to the subject site. Responding to Commissioner Frost, the Planner stated that, since a storm drainage system is not available, on-site detention/retention will be required. He stated that issue will be addressed during preliminary plat review. . Responding to Commissioner Stueck, Planner Skelton stated that realignment and signalization of the intersection of West Main StreetIWest Babcock Street/South 23rd Avenue is the No. 1 priority TSM project. He noted that Montana Department of Transportation is responsible for this project and has set an implementation date of late 1994 and early 1995. 01-03-94 -- " i'l - 4 - He stated that since the project is to be completed by the State, no special improvement district will be created for that signalization. Responding to Commissioner Youngman, the Planner stated that until the boundaries of a special improvement district for improvements to West Babcock Street are known, it is not . possible to determine the percentage of waiver of right to protest that the City currently has. He stated, however, based on what has been discussed as possible boundaries, the City has waivers for approximately 24 percent of the properties. City Manager Wysocki stated that, since a portion of the properties along West Babcock Street lie outside city limits, a joint SID/RID may be necessary. He noted that such a joint district has not been created in many years. Mr. Keith Belden, Morrison-Maierle, consulting engineer representing the applicant, stated he has talked to Director of Public Service Forbes about the possibility of creating an SID in the near future for improvements to West Babcock Street. He stated they recognize the traffic problems in that area and know that they must be addressed. Responding to Mayor Vincent, Planner Skelton stated that, ideally, improvements are . installed with the development. He noted that in this instance, that is not practical; and the Planning staff feels that requiring a waiver of right to protest the creation of an SID for improvements to West Babcock Street is the fairest way to address the transportation issue. He stated that when West Babcock Street is improved, it should be to an urban collector standard of 45-foot-wide pavement with curb, gutter and sidewalk. Mayor Vincent noted that the action required at this time is only the first in several steps in the process. He stated it is important to recognize that a favorable vote at this time does not commit a Commissioner to vote favorably later in the process, when a possible problem has been identified. It was moved by Commissioner Stiff. seconded by Commissioner Stueck, that the Commission authorize and direct staff to prepare a resolution of intent to annex the subject 4.0- . acre tract known as 3104 West Babcock Street. 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. 01-03-94 .. -- -- - .- .,' , - 5 - Ordinance No. 1378 - Salarv Ordinance for City Manager Wysocki for Calendar Year 1994 Mayor Vincent presented Ordinance No. 1378, as approved by the City Attorney, entitled: ORDINANCE NO. 1378 . AN ORDINANCE OF THECITV COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER OF THE CITY OF BOZEMAN, AS REQUIRED BY LAW. Mayor Vincent reminded the Commission that this ordinance was provisionally adopted at the December 20 meeting and is now set for final adoption. Commissioner Stiff stated that the provisional adoption of this ordinance and approval of the Employment Agreement were crowded at the end of the previous Commission's term. He stated that, because of that short time span, the extension of the costs for each of the items in the agreement was not available; therefore, the Commission acted without knowing the full costs to the City. He then suggested that final adoption of the ordinance be tabled for a period of one week, so the Commission can have the information available and thus make an informed decision. . Responding to Commissioner Frost, Commissioner Stiff stated that in the past, the Commission has received a tabulation that shows the costs of each of the benefits provided to the City Manager, with a total of the budgetary implications of his package, not just the base salary. He stated that without this information, the Commission is not being allowed an opportunity to consider all of the facts. Commissioner Frost suggested that the Commission essentially knows what costs are involved, based on last year's costs and the increases they have approved in the Employment Agreement. At Commissioner Frost's request, Commissioner Stiff enumerated the items for which he wants figures, including the base salary, ICMA retirement, life insurance and disability insurance premiums. He noted that the car allowance is not needed because that is really a . reimbursement. Mayor Vincent stated that he understands Commissioner Stiff's position. He stated that, while he feels it would be good to require a tabulation, as enumerated by Commissioner Stiff, he does not believe that it would cause him to change his action. 01-03-94 /1 - 6 - Responding to Commissioner Youngman, City Manager Wysocki stated that the Commission has included a 1-percent contribution to an IRA because the maximum annual contribution to ICMA is $7,500. He noted that the 1-percent contribution was proposed as an alternative to including it in the base salary. . Commissioner Stiff stated he feels that the entire 5 percent should be considered as wages because that is essentially the way it will be handled. He also expressed concern that the deferred compensation has increased 97 percent over ten years, from $4,100 to $8,079, which is a substantial increase. Commissioner Stueck stated he would like to see the information requested by Commissioner Stiff, noting it would be educational. He stated that, since the City Manager's compensation is based upon the evaluation which was recently completed by the prior Commission, he does not feel it would be appropriate for him to second guess their actions. Responding to Mayor Vincent, the City Manager stated the information requested by Commissioner Stiff is available. He then cautioned the Commission that the issues being discussed are included in the Employment Agreement, which has already been approved and . executed. He stated that if the Commission has concerns about the provisions of that agreement, he would request that it be reopened for discussion, rather than encountering discord and problems in the future because of some of its provisions. Commissioner Youngman suggested that if the Commission is not satisfied with the manner in which the deferred compensation is addressed, it can be addressed in future agreements. Commissioner Frost stated that he is comfortable with taking final action on the ordinance at this time, although he would also like to see the information requested by Commissioner Stiff. Responding to Commissioner Stiff, the City Manager stated that the IRA will be handled like any individual retirement account is handled. He acknowledged that it will be shown as . income on his W-2 form at the end of the year. Commissioner Stiff stated his concern about setting a precedent by including an IRA in the compensation package for the City Manager, particularly when it comes to negotiations. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission finally adopt Ordinance No. 1378, setting the City Manager's salary for the 01-03-94 " - 7 - Calendar Year 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stueck and Mayor Vincent; those voting No being Commissioner Stiff. . Break - 4:25 to 4:28 D.m. Mayor Vincent declared a break from 4:25 p.m. to 4:28 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Selection of Mayor Pro Tempore Mayor Vincent stated that, in the past several years, the Mayor Pro Tempore has typically been the Mayor Elect. He noted there is nothing which binds the Commission to that practice; however, he suggested there is probably no reason to deviate from it. Following a brief discussion, it was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission select Commissioner Stueck to serve as the Mayor Pro Tempore for the next two years. 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. Commissioner appointment - Audit Committee Commissioner liaison appointment - Bozeman Beautification Advisory Board Commissioner liaison appointment - Bozeman Tree Advisory Board Commissioner liaison aopointment - Cemetery Board Commissioner aDpointment - Citv-County Health Board CQmmissioner liaison apoointment - City-Countv Planning Board Commissioner aopointment - Interagencv Breakfast Commissioner liaison aopointment - Parking Commission Commissioner liaison aopointment - Recreation and Parks Advisory Board Commissioner aODointment - RFP Review Committee Commissioner liaison appointment - Senior Center Advisorv Board Commissioner apDointment - Transportation Coordinatina Committee Mayor Vincent suggested that all of these appointments be acted on in one motion. He . then forwarded his proposals for Commissioner appointments and Commissioner liaison appointments, with the Commissioners responding and volunteering to serve as alternates on the various boards. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that Commissioner appointments and Commissioner liaison appointments be made to the various 01-03-94 " . - 8 - boards, as follows: Audit Committee Comm appts Mayor Vincent, Commissioner Stiff Bozeman Beautification Advisory Board Comm liaison Commissioner Youngman Alternate Commissioner Frost Bozeman Tree Advisory Board Comm liaison Commissioner Frost Alternate Commissioner Youngman Cemetery Board Comm liaison Commissioner Stiff City-County Health Board Comm appt Mayor Vincent . Alternate Commissioner Stueck City-County Planning Board Comm liaison Commissioner Stueck Alternate Commissioner Frost Interagency Breakfast Comm appt Commissioner Youngman Alternate Mayor Vincent Library Board of Trustees Comm liaison Commissioner Youngman Parking Commission Comm liaison Commissioner Frost Alternate Commissioner Stiff Recreation and Parks Advisory Board Comm liaison Commissioner Stueck Alternate Commissioner Frost RFP Review Committee Comm appt Rotating appointment Senior Center Advisory Board Comm liaison Commissioner Stiff Alternate Commissioner Youngman Transportation Coordinating Committee Comm appt Mayor Vincent Alternate Commissioner Youngman The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and MayorVincent; those voting No, none. . Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Memo dated December 30, regarding the new positions included in the Fiscal Vear 1993-1994 budget. (2) Copy of the cover page for the Scoping Document I for Missouri-Madison Hydroelectric Project, along with a note indicating the document is on file in the office of the Clerk of the Commission for Commissioner review. (3) Memo from Neighborhood Coordinator/Grantsperson Goehrung, dated January 3, 1994, regarding Commissioner Stueck's request for information on grant sources for . ballfields. Commissioner Stueck stated he had requested this information because expansion of the buildings at the Law and Justice Center site will possibly result in the loss of two Little League fields. He stated appreciation for receiving this memo. (4) Copy of a letter from the Arts Foundation, dated December 17, announcing that work on the Bozeman Cultural Plan has been completed. 01-03-94 - 9 - (5) Letter of resignation from the Historic Preservation Advisory Commission, dated November 30, as submitted by Chris Boyd. (6) Agenda for the County Commission meeting which was held on Tuesday, December 28, along with daily minutes for the week of December 13, 1993. '. (7) Agenda for the County Commission meeting to be held on Tuesday, January 4, 1994, along with daily minutes for the week of December 20, 1993. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, January 4, in the Carnegie Building. (9) Memo from Alec Hansen, Executive Director of the Montana League of Cities and Towns, dated December 20, forwarding a recap of the special legislative session. (10) Minutes of the Highway Commission meeting held on November 3 and telephone meeting held on November 16. (11 ) The City Manager submitted his weekly report, as follows. (1) Distributed copies of a draft brochure on business license guidelines, as prepared by Neighborhood Coordinator! Grantsperson Goehrung. (2) Announced that he and County Commissioner Jelinski met with . a representative from the Chamber of Commerce in preparation for the January 20 session of Leadership Bozeman, which will concentrate on local government. (3) Met with the County Commission last week regarding the Law and Justice Center and road alignments outside city limits, particularly arterials and collectors within the three-mile radius of the city. (4) Met with Mayor Vincent in preparation for this week's meetings. (5) Noted that reports indicate the snowpack levels are below normal. (6) Stated he has been invited to tour the Wal-Mart store some time this week. (7) Announced that as of 2:00 p.m. today, 98 pet licenses for Calendar Year 1994 had been issued. (8) Announced that City crews will begin collecting Christmas trees on January 10. He noted that if individuals wish to dispose of them before that, the collection point is in Westlake Park, at the intersection of North 5th Avenue and West Tamarack Street. (9) Announced that the Parking Commission will meet at 7:30 8.m on . Thursday, at which time they will discuss a time for their retreat. ( 12) Commissioner Frost stated he has received many supportive telephone calls in response to his guest editorial in Sunday's edition of the Bozeman Daily Chronicle. (13) City Attorney Luwe reminded the Commissioners that if they are served with 8 lawsuit, they are to contact him immediately. 01-03-94 ~ - 10 - City Manager Wysocki cautioned the Commission that all comments regarding lawsuits are to be from the City Attorney only. (14) Clerk of the Commission reviewed the agenda for next week's meeting. (15) Mayor Vincent submitted the following. (1) Stated that Commissioner Stueck . has approached him about a potential conflict of interest on the first public hearing in this evening's session. (2) Thanked Neighborhood Coordinator/Grantsperson Goehrung for the memo which he prepared at Commissioner Stueck's request. He noted this is only one example of the work which Coordinator Goehrung is performing as a staff member. (3) Stated he has been invited to, and gone on, a tour of the Wal-Mart store. He was impressed with the manager and with the store. He noted the manager was impressed with the high quality of employees in Bozeman. (4) Stated he has spent a total of approximately six hours, over a period of four days, at Peet's Hill, and is impressed with the improvements which the City has made there. He expressed concern, however, about some safety issues, Le., little children versus bigger children with faster sleds. (16) Mayor Vincent stated that he has discussed the public hearing format with the . City Manager and the City Attorney. He forwarded a recommendation that, after the public hearing has been conducted, decisions on closing of the public hearing and waiving of the one week waiting period on land use decisions be made on a consensus basis, rather than on a formal motion and vote. He stated that, while this allows each Commissioner an opportunity to request that the pUblic hearing remain open or that the one-week waiting period be followed, it helps to expedite business. City Attorney Luwe reminded the Commission that, under its rules of procedure, a majority of the Commission must agree to close the public hearing; and it takes only one dissenting Commissioners to cause a decision to be delayed for one week. Responding to Commissioner Stueck, City Attorney Luwe stated that a Commissioner from the majority side may request that an item be reconsidered at the same meeting at which . it was initially considered. He stated that if a Commissioner wishes to bring back an item that was the subject of a public hearing at a previous Commission meeting and a majority of the Commission concurs, the process must be started once again, including advertisement of the notice of public hearing and conducting of a new public hearing. 01-03-94 - n.__ ... _.__ ... .. ... -......--.-- . .-.... ---....-..-. ..--.. - -. ..-.... --.-. . . ~ .. - 11 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Ratify City Manaaer's sianature on Warranty Deed to sell 954.72 acres of City land located in the E%. Section 13. T4S. R6E. MPM. Gallatin County. and Section 19. T4S. R7E, MPM. Park County, to United States of America. Deoartment of Agriculture. Forest Service . Ratify City Manager's signature - Annexation Agreement with First Security Bank - 1.9198-acre Darcel known as Tract E-1. COS 1623. SE%. Section 31. T1 S. R6E. MPM (705-707 Bridger Drive) Commission Resolution No. 2948 - annex Tract E-1. Certificate of Survev No. 1623. located in the SE%. Section 31. T1S. R6E. MPM (1.91g8-acre tract located alona the north side of Bridaer Drive between Zla's and Horse World) COMMISSION RESOLUTION NO. 2948 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, 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 BRIDGER DRIVE ANNEXATION AND HEREIN MORE PARTICULARL Y DESCRIBED. Ratify City Manaaer' s signature on Sewer PiDeline Access Easement and Agreement - Jack R. Ziealer - 25-foot-wide easement along Bridger Drive across Tract 1. COS No.7 F 218 . Ratify City Manager's signature on Sewer PiDeline Access Easement and Agreement - First Security Bank - 25-foot-wlde easement along Bridaer Drive across Tract E~1. COS No. 1623 Authorize City Manaaer to sian ~ Street Easement. temDorarv 100-foot diameter cul-de-sac at north end of Hunters Way ~ Lots 2A. 3A and the W% of Lot 3. Smith Subdivision - Howard G. and Rosetta F. Barrick (for Westaate Subdivision) Authorize City Manaaer to sian - Chanae Order No. 1 - 1993 Street Imorovements. Schedule II -Big Sky Asohalt. Bozeman. Montana - add $63.90 and 0 calendar days Authorize City Manaaer to sian - Professional Services Aareement for landfill hydrogeological and engineering services - Chen-Northern. Helena. Montana Authorize City Manager to sign - Mutual Aid Agreement with City of Helena - for Dublic services eauiDment and manDower . Award bid - one (1) new track mounted front end loader (Cat 963) for use at City landfill - Tractor and Eauioment Co.. Billinas. Montana - $137 .650.60 Claims It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate 01-03-94 . . - 12 - 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 - 5: 12 D.m. Mayor Vincent declared a recess at 5: 12 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Vincent reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Public hearina - Bruce and Carolyn Erikson for American Bank - variances from Section 18.30.050 to allow driveway to encroach 3% feet into reauired 8-foot side yard setback and to allow Darking SDaces to encroach 16% feet into reauired front yard setback alona West Babcock Street - Tracts 2 and 3. COS 1046 (1632 West Main Street) (C-9318) This was the time and place set for the public hearing on the variances from Section . 18.30.050, requested by Bruce and Carolyn Erikson for American Bank under Application No. C-9318, to allow the driveway to encroach 3 % feet into required 8-foot side yard setback and to allow parking spaces to encroach 16 % feet into required front yard setback along West Babcock Street on Tracts 2 and 3, Certificate of Survey No. 1046. The subject site is more commonly known as 1632 West Main Street. Commissioner Stueck announced that he has a potential conflict of interest on this agenda item because there is a possibility that his employer may be the firm working on this project. He stated that, because of that potential conflict, he will remove himself from the dais. After making this statement, he stepped down from the dias and into the audience. Mayor Vincent opened the public hearing. . Associate Planner Kevin Wall presented the staff report. He enumerated the two requested variances, as follows: 1. From Section 18.30.050, to allow the driveway portion of the parking area along the east property line to encroach 3 % feet into the required 8-foot side yard setback; and 01-03-94 ----------- -- ,----..----.----- ---- , . - 13 - 2. From Section 18.30.050, to allow the proposed parking spaces to encroach 16 Y:z feet into the required 25-foot front yard setback along West Babcock Street. The Planner stated that the subject parcel is located in a B-2, Community Business, District. He noted that the subject property is in commercial use, as are all immediately . surrounding parcels. Planner Wall stated that staff has reviewed this application in light of the three criteria set forth in Section 18.56.060 of the Bozeman Municipal Code; and those findings are set forth in the written staff report. He highlighted the findings for each of those three criteria. He stated that staff has not identified any factors which would cause the requested variances to compromise the public health or safety. He noted that a number of factors were evaluated under the first criterion, including function of the site and aesthetics. He stated that the applicants propose to provide curbing, a substantial amount of landscaping and a more functional internal parking system. He stated the site is fully developed, and the improvements are considered non-conforming under the zone code. He indicated that, because of the existing circumstances, including the siting of the building, the lot shape, and the location of the drive-in . facility, it is not possible to meet all of the zone code requirements on this site. He stated that staff has concluded that an unnessary hardship owing to conditions unique to the property does exist. He then addressed the last criterion, stating that staff has concluded that the applicant is not seeking to circumvent the intent of the ordinance. He noted, rather, that the applicant is attempting to upgrade the property and provide more landscaping and a more inviting facility. He stated the applicant is attempting to more closely comply with the zone code and the Design Objectives Plan requirements. Associate Planner Wall forwarded the staff's recommendation that the two requested variances be granted. Mr. Mark Little, project architect representing the applicant, indicated a willingness to respond to questions. . Responding to Mayor Vincent, Mr. Little indicated the applicant recognizes the cut- through traffic between West Main Street and West Babcock Street. He noted another problem is that there is no distinct line between the American Bank property and the Beaver Pond Plaza immediately to the west. He stated this application would help to define the property lines. He also noted that it will also make use of the drive-through facility more feasible. 01-03-94 -------..,.- ------ - ._-~. --.---- - " " " - 14 - No one was present to speak in opposition to the requested variances. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. The Commissioners then unanimously concurred in waiving of the customary one-week waiting period for land use decisions. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the variances from Section 18.30.050, requested by Bruce and Carolyn Erikson for American Bank under Application No. C-9318, to allow the driveway to encroach 312 feet into required 8-foot side yard setback along the east property line and to allow parking spaces to encroach 1612 feet into required front yard setback along West Babcock Street on Tracts 2 and 3, Certificate of Survey No. 1046. 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. Commissioner Stueck returned to the dais. Public hearing - Master Plan Amendment - Anson H. Crutcher for Babcock Place Partnershio. Limited. Virainia L. Barfnecht and Thomas G. & Sue Ann Haaaertv to establish an initial land . use desianation of urban residential infill on 26.20 acres located in the SW%. Section 11. T2S. R5E. MPM (south side of 2800 through 31 00 block of West Babcock Street) (P-9339) This was the time and place set for the public hearing on the Master Plan Amendment requested by Anson H. Crutcher for Babcock Place Partnership, Limited, Virginia L. Barfnecht and Thomas G. & Sue Ann Haggerty under Application No. P-9339, to establish an initial land use designation of urban residential infill on 26.20 acres located in the Southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located along the south side of the 2800 through 3100 blocks of West Babcock Street. Mayor Vincent opened the public hearing. Senior Planner Dave Skelton presented the staff report. He provide background . information on the subject property and the processes which must be completed before development may begin. He reminded the Commission that the parcel considered in this afternoon's session is one of three parcels for which this application has been made. He stated that the properties must be annexed, the master plan amendment to establish a land use designation of "urban residential infill" approved, the zone map change to establish a zoning 01-03-94 , /. - 15 - designation of "R-3, Residential--Medium-density", approved, and a preliminary plat approved before the 84-lot single-family residential development proposed for this 26.20-acre parcel is allowed to develop. The Senior Planner stated that this subject property is located along the south side of . West Babcock Street and abuts the Mail Mall property to the south. He noted the requested land use designation is being sought, so City infrastructure can be obtained and urban density development undertaken. Senior Planner Skelton stated that, since the sUbject parcel currently lies within County Zoning District No.1, it is not included in the master plan. He stated that an initial land use designation of "urban residential infill" is being sought. That application was reviewed in light of the four criteria set forth in the Bozeman Area Master Plan; and the staff's findings are detailed in the written staff report. He briefly highlighted those findings, concluding that the requested designation is appropriate. The Senior Planner stated the subject property is currently zoned R-R, Rural Residential; and that zoning designation allows a greater diversity of commercial uses than the proposed . urban zoning. He stated, however, that properties in that area are currently served by well and septic tanks and drainfields, which is not conducive to commercial development. The Senior Planner stated that concerns about impacts on the transportation network were discussed at length at the City-County Planning Board meeting. Also discussed was the appropriate procedure for developing the area and improving West Babcock Street; and some of those alternatives were forwarded during this afternoon's meeting. Senior Planner Skelton stated that one letter, from Mr. and Mrs. Jim Koch, 104 % Wilda Lane, has been received. In that letter, they express concern about the density and type of development that might occur on the property, indicating that while they do not object to single-family homes, they do not feel four-plexes and apartments would be appropriate in that area. . Senior Planner Skelton stated that, following its public hearing on this application at its December 14, 1993, meeting, the City-County Planning Board forwarded its recommendation for approval of this requested master plan amendment, contingent upon completion of the annexation process. 01-03-94 .. -, - 16 - Mr. Anson Crutcher, applicant, stated he plans to move to Bozeman from California in the near future, when he retires from his career as a CPA. He noted that, after looking at several properties in the Bozeman area, these three parcels became available. He stated his strong interest in these properties, particularly since they lie within the City services area. . Mrs. Judy Worley, 2813 West Babcock Street, stated she has resided at this location for 25 years. She stated that the residents of the area like it the way it is, and enjoy the "big void" that is being discussed. She noted they are not interested in seeing it developed; and they have watched with apprehension as people from out of state and come in with proposals for development. Mrs. Worley stated that using West Babcock Street is a nightmare now; and adding more development along the street will only increase the problems. She stated the pavement in front of her home is only 20 feet wide; and it is used by fast moving vehicles, bicycles and joggers, which creates a very hazardous situation. She voiced her frustration that yet another development is being considered before street improvements are made. Mr. Phil Mazuranich, 24 North Western Drive, stated he has resided at that address for . 27 years. He expressed concern about the idea of filling the open space that exists in that area with multi-family housing. He stated that he is not opposed to development of the vacant land in the area; however, he feels that development should be comparable to the existing single- family dwellings. He suggested that, with the covenants that are being attached, the Human Resource Development Council housing project that is in process in that area will complement the area; however, four-plexes and apartment buildings do not. Mr. Mazuranich asked the Commission to also consider the size of the lots. He recognized the shortage of affordable housing in Bozeman; however, he asked that the current manner of development be carefully considered and protected as well. Mrs. Sandra Koch, 104 % Wilda Lane, stated she does not feel that multi-family dwelling belong in the area. She stated that her property abuts the subject property; and she is not . interested in having multi-family dwellings adjacent to her home. She noted that single-family houses lend to more of a neighborhood atmosphere, while apartments and multi-family dwellings do not. Mr. Richard Stout, 2928 West Babcock Street, stated he lives in the "white square" on the map, which is surrounded by the property under discussion. He stated that he moved here 01-03-94 "_ v' ~" I " - 17 - from a rural area in California, where he grew up on a road very similar to West Babcock Street. He noted that in that instance, the vacant land quickly began to develop, without the proper improvements to the infrastructure being made. Mr. Stout stated he has extreme concerns about the addition of more development in '. this area without any improvements to West Babcock Street. He suggested that, at minimum, a shoulder should be added to provide more safety for pedestrians and bicyclists. He also indicated that a secondary access to Main Street through the Main Mall could provide easy access to the University, thus alleviating some of the traffic load on Babcock. Responding to Commissioner Stueck, Senior Planner Skelton cautioned that the issue of a secondary access from the site will be addressed during the preliminary plat review process. He further noted that the conceptual preliminary plat which has been submitted could be totally changed when the formal application is submitted. Senior Planner Skelton stated that staff recognizes the City is having growing pains. He noted the demand for housing is very real; and it is logical for those vacant areas inside the boundaries of the city to develop. He stated this creates a strain on the infrastructure until the . level of service reaches a point where improvements are absolutely necessary. He stated that when the Schrenk annexation was originally reviewed in 1992, there was some discussion about completing the annexation, master plan amendment and zone map change processes, but not allowing development until those infrastructure concerns had been addressed. He noted that during their public hearing on this application, the City-County Planning Board determined that a moratorium is not the appropriate action; rather, improvements to West Babcock Street should be considered. He stated they also determined that the fairest way to ensure that the applicant pays his fair share of those costs is through a waiver of right to protest the creation of a special improvement district, rather than requiring up-front improvements to only a very small portion of the roadway. Planner Skelton emphasized the fact that this roadway has a service level of "C". He . stated that, until that service level is lowered to "D", the traffic problems along the street are not significant enough to address from a vehicular standpoint. He stated the real problems are due to the vehicular/bicycle/pedestrian conflicts that exist; and widening the roadway would definitely help to alleviate those problems. 01-03-94 ," - 18 - Mr. Anson Crutcher stated that the zoning on the Cook property, which is immediately to the east of the subject property, will allow a higher density development than what he is seeking. He noted that, after viewing the site and reviewing the zoning options available, his firm determined that single-family residential development in an R-3 zone could allow for smaller . lots, leading to more affordable housing. He maintained that this will allow for good use of the land while providing development that will complement the existing development. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. Mayor Vincent stated his desire to observe the customary one-week waiting period for land use decisions, to further consider the testimony received, indicating that the decision on this application will be made at next Monday afternoon's Commission meeting. Public hearina - Zone Map Amendment - Anson H. Crutcher for Babcock Place PartnershiD. Limited. Virginia L. Barfnecht and Thomas G. & Sure Ann Haaaerty - to establish an initial R-3 on 26.20 acres located in the SW%. Section 11. T2S. R5E. MPM (south side of 2800 through 3100 block of West Babcock Street) (Z-93155) This was the time and place set for the public hearing on the Zone Map Amendment requested by Anson H. Crutcher for Babcock Place Partnership, Limited, Virginia L. Barfnecht . and Thomas G. & Sue Ann Haggerty under Application No. Z-93155, to establish an initial zoning of R-3, Residential--Medium-Density, on 26.20 acres located in the Southwest one- quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located along the south side of the 2800 through 3100 blocks of West Babcock Street. Mayor Vincent opened the public hearing. Senior Planner Dave Skelton presented the staff report, reminding the Commission that this application involves the same properties as the preceding application. He stated that this request is to establish an initial zoning of "R-3, Residential--Medium-density" on the subject 26- acre tract. He stated that, under the land use designation sought in the above application, any . of the City's urban residential zoning designations would be acceptable. The applicant has chosen the R-3 zoning district as the underlying zoning for the subdivision he has proposed. He distributed to the Commission a copy of the principal, conditional and accessory uses which are permitted in the R-3 zoning district, as found in Section 18.20.020 of the zone code. 01-03-94 -- . ,. - 19 - Planner Skelton reminded the Commission that no specific proposal can be considered when addressing this request for a zone map change; rather, it must be considered on the merits of the allowable uses within the zone. He stated that the R-3 zone does not allow for the diversity of commercial uses that are allowed in the existing R-R zoning district. . Senior Planner Skelton stated that staff has considered this application in light of the twelve criteria set forth in Section 76-2-304, Montana Code Annotated; and those findings are included in the written staff report. He stated that transportation was a key concern; and that item must be addressed during the subdivision review process. He noted that other infrastructure must also be addressed during that process; therefore, many of the criteria for consideration of a zone map change will be addressed at that time. The Senior Planner cautioned that multi-family residential development is allowed in the R-3 zoning district, as well as single-family development. He reminded the Commission that this application must be considered on its own merits, since there is no guarantee that the applicant will actually forward a formal application for the single-family residential development he has preliminarily shown, or any guarantee that it would be approved. He stated that, with ~. the exception of the northwest corner of the subject parcel, the property is vacant and is currently used for grazing of livestock. Senior Planner Skelton stated that, following its review of the staff report and after conducting its public hearing on December 14, the City-County Planning Board voted to recommend approval of the application, contingent upon annexation and approval of the master plan amendment. Mr. Anson Crutcher, applicant, indicated he has no additional comments at this time. Mr. Phil Mazuranich, 24 North Western Drive, stated that residents in the area recognize that some kind of housing development will occur on the subject property. He stated they want to see nice, low-density, single-family residential development occur, similar to that which ~. already exists in the area; and they are definitely opposed to any high-density, multi-family development being allowed to occur there. "-. Responding to Commissioner Stiff, Planner Skelton stated that under R-1 or R-2 zoning, single-family residential development would be allowed, typically on larger lots. He stated that under R-3 or R-4 zoning, single-family development on smaller lots is allowed, as well as some multi-family developments. 01-03-94 - ----......-. . ,. - 20- Senior Planner Skelton cautioned the Commission that contractual, or conditional, zoning is not allowed. He stated, rather, that a zone map change application must be reviewed and considered on its own merits, with the Commission having the options of approval or disapproval only. . The Planner reminded the Commission that immediately to the south of the subject property is the Main Mall, which is a commercial development. He stated that higher density residential zoning, such as R-3 or R-4, is typically used as a buffer zone between a commercial development and the lower density of single-family residential. He cautioned that the zoning designation for this property must be logical and reasonable. He stated that, through covenants developed as a part of the preliminary plat process, assurance could be provided that only single-family development would occur on the property. Mr. Anson Crutcher stated he has sought an R-3 zoning designation so that single-family development could occur on smaller lots, thus keeping the unit cost down as much as possible. He stated their intent is to provide different sized lots, depending on topography and carefully taking into consideration the waterways. . Commissioner Frost observed that many of the comments forwarded during this public hearing and the previous public hearing are more appropriately considered under the preliminary plat review process. He encouraged residents of the area to submit their comments and concerns during that process, so they can be properly considered. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. Mayor Vincent stated that, since the customary one-week waiting period for land use decisions is being observed on the above agenda item, it will be on this item as well. He then indicated that the decision on this application will be made at next Monday afternoon's Commission meeting. Adjournment - 8:20 p.m. . There being no further business to come before the Commission at this time, it wa moved by Commissioner Youngman, seconded by Commissioner Stiff, that the meeting I: adjourned. The motion carried by the following Aye and No vote: those voting Aye beir Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost a Mayor Vincent; those voting No, none. 01-03 .......-- .-..... -- .- -.- . 1 (' - 21 - J . A TrEST: (j/n: 01 ~ RO IN L. SUlUV AN Clerk of the Commission . ; . 01-03-94