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HomeMy WebLinkAbout1993-12-06 ccm --",-- -.-.. --- 'f.- r , \. . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 6, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 6, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, 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 - November 29. 1993 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of November 29, 1993, be approved as amended. The motion carried by .the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Authorize absence of Commissioner Vincent from meeting. in comDliance with Section 7-3-4322(2), M.C.A. City Manager Wysocki requested that this item be withdrawn from the agenda, since Commissioner Vincent is in attendance at this meeting. Decision - Conditional Use Permit - Stephanie H. Volz - allow a bed and breakfast with multiDle deviations on the West 120 feet of the N % of Lot 2. and the West 120 feet of Lot 1. Block B. Lindlev and Guvs Addition (202 Lindlev Place) (Z-93127) This was the time and place set for the decision on the Conditional Use Permit requested .y Stephanie H. Volz, under Application No. Z-93127, to allow a bed and breakfast, with multiple deviations, on the West 120 feet of the N % of Lot 2, and the West 120 feet of Lot 1, Block B, Lindley and Guys Addition. The subject site is more commonly located at 202 Lindley Place, which is at the southeast corner of the intersection of East Olive and Lindley Place. 12-06-93 -- i t 1- , - 2 - City Manager Wysocki reminded the Commission that the public hearing has been held on this application and, following that hearing, the Commission directed that the site drawings be reviewed for accuracy and certified by a professional engineer, to ensure that the measurements are accurate. He then noted that, included in the Commissioners' packets, was a memo from eAssistant Planner Dave Grigsby, dated December 2, forwarding an update on the information received. Mayor Swanson asked the Commissioners to arrive at a consensus on various issues involved early in the discussion, so that the Commission can concentrate on the critical items. Commissioner Knapp noted that the Commissioners have received some new information since the public hearing was closed and asked the City Attorney to describe the boundaries of what the Commission may consider. Mayor Swanson noted the Planning staff has suggested that the Commission may wish to consider a deviation for one additional parking space, thus requiring only two off-street parking spaces in the back yard. He stated that conversations with the City Attorney prior to the meeting have revealed that if that option is to be considered, it must be subjected to the full review process. .He also noted that the letters which the Commission has received subsequent to the public hearing cannot be considered in this decision-making process. City Attorney Luwe stated the Commission is to address the height of the fence, both in the corner side yard and the back yard. He stated that if the Commission decides to approve increasing the heights, as requested by the applicant, that issue must be first subjected to another public hearing. Mayor Swanson noted that the Planner has suggested an additional condition pertaining to the height and location of the fence along the south side, and asked the Commission if they concur with that condition. Responding to Commissioner Vincent, Assistant Planner Grigsby stated that the neighboring house is set at an angle on its lot. He noted that the front corner of the house is .ocated 3 feet from the property line and the rear corner of the house is located 2 feet 3 inches from the property line. The Commissioners, in turn, indicated support for the additional condition. Mayor Swanson noted that one of the four requested deviations is to allow covering of the front steps. He stated that the requested deviation is to allow the enclosed area to encroach 12-06-93 ------- . . ----. --.--.-... -.. ..-.-- ., {' , . - 3 - 14 feet into the required front yard setback; however, the actual dimensions reflect that the encroachment would be 12 feet 4 % inches into the required setback. He then suggested that, if the Commission decides to approve this deviation, the dimensions should be adjusted. Responding to Mayor Swanson, Planner Grigsby stated that the Planning Staff a-ecommended that the deviation not be approved; the Design Review Board and the City-County Planning Board recommended approval. Each of the Commissioners, in turn, indicated they do not support the requested deviation. Mayor Swanson then asked if the Commissioners are willing to consider a deviation to allow one additional off-street parking space to be eliminated, after it is subjected to the appropriate review process. Commissioners Vincent and Stiff indicated support; Commissioners Knapp and Frost and Mayor Swanson indicated they do not support considering the proposed deviation. Mayor Swanson turned his attention to the conditions which the Planning Board forwarded in its resolution. He noted Condition No. 10 pertains to a stormwater drainage plan. He noted some concerns have been expressed about the fact that the detention area is adjacent to the .garage. He then asked if the Commissioners are interested in strengthening the language in the condition to require that the plan meet the Uniform Building Code. He also asked if the Commission is willing to consider a revision to Condition No. 15, adding a sentence which would read "If common ground on the snow storage and stormwater plan cannot be reached, snow storage might have to occur off-site." Each of the Commissioners, in turn, indicated that they are willing to support the proposed amendments to the two conditions, if it is felt that there is a need to strengthen them. Responding to Mayor Swanson, Planner Grigsby stated that one of the City Engineering staff has expressed concern that the proposed storm detention area is inadequate in size; and the needed size is an uncertainty because the location and size of the snow storage area has not yet been identified. He noted that from the Uniform Building Code standpoint, drainage is to be away .rom structures on the site. He stated that, while the Code does not specify the distance a drainage area is to be from a structure, the typical standard is a minimum of eight feet. He noted that the area in which the proposed storm detention area is located is six feet wide and abuts the garage. He then stated that, while requiring that the snow storage area be located off-site does not address the on-site detention area, it does alleviate some of the concerns. 12-06-93 - . .--.-- --- - .--.- ~ , " , - 4- Mayor Swanson stated that the information forwarded by the applicant reveals that the project is not subject to the Americans for Disabilities Act regulations because of its small size. He suggested this may require a deviation from the code requirement for a disabled parking space. Assistant Planner Grigsby stated that Condition No.7 requires that the project meet ADA .Uidelines for accessibility. He noted that the information forwarded by an information officer for Montana Independent living Project indicates that this project does not need to meet those guidelines; and that information has been entered into the record. Mayor Swanson suggested it might be appropriate to amend Condition No.7 by adding the language "unless this application is exempted from the ADA guidelines", to clarify the situation. City Attorney Luwe suggested alternative language which stipulates "the design professional certify that all ADA guidelines have been met". Responding to Commissioner Vincent, City Attorney luwe stated that approval of this Conditional Use Permit would run with the land; and the bed and breakfast could continue to operate under a new property owner, if the use did not lapse, subject to the conditions imposed at this time. He stated that if the bed and breakfast use ceases, the structure could be used as a .single-familY residence or as a duplex under the R-3A zoning designation. He noted if the use ceases and someone wishes to re-establish the bed and breakfast use, it will be once again subjected to the conditional use process. Further responding to Commissioner Vincent, the City Attorney indicated this building could not be converted into four apartments. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission approve the following deviations: A. From Section 18.50.11 O.C., to allow the access drive aisle to be 16 feet wide rather than the 24-foot minimum width for two-way drive aisles; 8. From Section 18.50.120.8., to allow the backup maneuverability to be 23 feet wide rather than the 26-foot minimum width set by code; and . C. From Section 18.50.120.F.1., to allow the applicant to provide five off- street parking spaces rather than the required six parking spaces under the code requirements (replacing the applicant's requested deviation to allow a parking space to encroach 10 feet intp the required 1 5-foot corner side yard setback along the north property line) and approve the Conditional Use Permit requested by Stephanie H. Volz, under Application No. Z-93127, to allow a bed and breakfast on the West 120 feet of the N Vi of Lot 2, and the West 12-06-93 .-- j f . t - 5 - 120 feet of Lot 1, Block B, Lindley and Guys Addition, subject to the following conditions: 1. That the applicant rent no more than four bed and breakfast bedrooms and that the structure remain a single-family residence; 2. That no parking space be allowed in the corner-side yard setback and that the applicant receive a deviation to one required parking space to compensate for the loss, and that the existing concrete slab be . removed between the proposed four foot high fence and the sidewalk and that the remaining area be landscaped. The area originally proposed for the parking space referred to above shall be used for snow removal/storage, and the area depicted in the proposal for snow removal and storage shall remain landscaped and not be used for storage of snow. A sketch of the area in question is to be submitted to the Planning Office for review and final approval; 3. That the parking lot and access aisle be paved; 4. That the cooking facilities in the basement be completely removed, and that no rental of the basement occur; 5. That the applicant as soon as possible, and before completion of the proposed modifications, seal all exposed brick surfaces with a sealant which has been inspected and approved in writing by the Historic Preservation Officer, and that the applicant shall periodically re-seal all exposed brick surfaces with the above described sealant at intervals not to exceed five years between seal coats; 6. That the proposed fence be detailed as designed with 6-inch clear space at the bottom, and 1 foot high open 2 inch by 2 inch verticals . and railings at the top, with solid vertical boards below the 1 foot high open railings and above the 6-inch clear space at the bottom as shown on the plans, but with a maximum height of six feet (6') to the top of the rails; 7. That the applicant's design professional certify that the Bed and Breakfast meets all ADA guidelines for accessibility, and that all accessibility requirements be shown and noted on the final site plan. Any exterior modifications to accommodate disabled accessibility will require a Certificate of Appropriateness; 8. That the applicant submit a separate detailed application for a Certificate of Appropriateness for signage for review and approval by the Design Review Board; 9. That the final site plan shall be adequately dimensioned; 10. That Stormwater Drainagerrreatment Grading Plan and Maintenance Plan for a system designed to remove solids, silts, oils, grease, and other pollutants be provided to and approved by the City Engineer, prior to issuance of a building permit. The plan, which must comply with . provisions of the Uniform Building Code, must demonstrate adequate site drainage (including sufficient spot elevations) , stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and stormwater maintenance plan; 11. Sewer and water services including the location of sewer and water mains and nearby fire hydrants, shall be shown and properly depicted on the final site plan and be approved by the Water/Sewer Superintendent; 12-06-93 , , . . .. - 6 - 12. That the access drive approach shall be constructed in accordance with the City's standard approach (i.e. concrete apron, sidewalk section, and drop-curb) and shown as such on the final site plan. The maximum driveway width for this application is 24 feet. A City Curb Permit shall be obtained prior to final site plan approval if the driveway is to be altered; 13. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt . paving section detail shall be provided and approved by the City Engineer. Curbing and/or Asphalt or Concrete headers shall be provided around the entire new parking lot perimeter and aQequately identified on the final site plan; 14. The required number of off-street parking spaces, and the configuration of the off-street parking lot and drive aisles shall comply with the requirements of section 18.50.120 of the zone code, if the requested deviations to the above mentioned requirements are not approved by the governing body; 15. Adequate snow storage area must be designated outside the site triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder). If a viable snow storage plan cannot be reached between the applicant and staff, off-site snow storage is required; 16. Drive approach and public street intersection sight triangles shall be free of plantings which are higher that 30 inches and which at mature growth will obscure vision within the sight triangle. A boulevard planting detail shall be provided and must comply with the Engineering Department standards. Root barrier material should be used; . 17. That the side yard fence be no higher than the 6-foot maximum height and placed one foot in from the south property line (as recommended by the Planning Board), and that the fence(s) located in the front (corner side yard) be no higher than the four feet allowed by code (also as recommended by the Planning Board); 18. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure; 19. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 20. That all conditions specifically stated under any Conditional Use listed in this Ordinance shall apply and be adhered to by the owner of the land, successors or assigns; 21. That all of the special conditions shall be consented to in writing by the applicant; . 22. That seven copies of the final site plan containing all of the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval. Signed copies shall be retained by the City Departments represented on the Development Review Committee, and one signed copy shall be retained by the applicant; 12-06-93 --.-.... .- .-----.-- --.. ..- f . . - 7 - 23. That the applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; 24. That a building permit must be obtained within one (1) year of final site plan approval. Building permits will not be issued until the final site Ie plan is approved. No site work, including excavation, may occur until a building permit is issued; and 25. That if occupancy of the structure or commencement of the use is to occur prior to the installation of all improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Ordinance No. 1377 - establishing a neighborhood parking district near the north. northeast and east sides of the Montana State University camDUS. to be known as the MSU Residential District . City Manager Wysocki presented Ordinance No. 1377, as approved the City Attorney, entitled: ORDINANCE NO. 1377 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING SECTION 10.32.395, PERTAINING TO STOPPING, STANDING, AND PARKING OF VEHICLES THEREBY CREATING A RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAM IN THE VICINITY OF MONTANA STATE UNIVERSITY PURSUANT TO SECTIONS 10.32.350 THROUGH 10.32.390 OF THE BOZEMAN MUNICIPAL CODE, WHICH CREATE THE PROCEDURES FOR ESTABLISHING RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAMS. Mayor Swanson suggested that the Commission provisionally adopt the ordinance at this time, without any public input; and that all public input be accepted and considered at next week's eVening meeting. Commissioner Stiff expressed concern with the timeline that was forwarded and agreed upon at last week's meeting, particularly in light of public comment this past week and their feeling that the process is moving too quickly. He stated that those concerns mirrored his own concerns about the process, and suggested it may be more appropriate to delay the public hearing until after 12-06-93 -.-..-.--- - ---.- . -.-- , ( , - 8 - the first of the year. He noted the issue does not seem to be that complex and feels that the new Commission could sufficiently address it with a minimum effort on the part of staff to bring the new Commissioners up to speed. Commissioner Stiff suggested that the public hearing could be opened on December 13, eas currently scheduled. with the hearing then continued to some time in January and closed by the new Commission after any additional input has been received. Commissioner Knapp noted that this issue has been in process for several months, and has been on hold awaiting a court decision on the Missoula case. She stated that in fairness to the petitioners, who have been waiting for well over a year, it would be best to follow the timeline as set forth. Responding to Commissioner Frost, Assistant City Manager Ron Brey stated that the necessary signage must be installed before implementation of the neighborhood parking district can occur. He noted that the signs cannot be installed until the ground has thawed sufficiently; therefore, he is anticipating that the district will not actually be implemented until August 1994, just prior to the fall semester. . Commissioner Frost stated that. since deferring the public hearing to the new Commission would not adversely impact the anticipated date of implementation, he could support the proposed delay. He indicated that he has no problem with opening and continuing the public hearing until the new Commission has been seated. Commissioner Vincent stated he has mixed feelings about the proposed timeline. He noted that the timeline set follows the Commission's standard operating procedures. He stated that if the issue involves crossing the line of Commissions, it may be more appropriate for the Commission which conducts the public hearing to take final action on the ordinance. He then indicated that he could support the new Commission conducting the public hearing. Assistant City Manager Brey forwarded pros and cons regarding provisional adoption of the ordinance at this time, since the Commission seems interested in delaying the public hearing entil after the first of the year. He noted that if the Commission does provisionally adopt the ordinance, there is a tangible document upon which people may make their comments. He noted the down side is that there are a couple areas just outside the currently proposed boundaries of the district that will be asking for inclusion in the district. He noted that if the Commission does decide to provisionally adopt the ordinance, however, that the annexation procedure can be followed 1 2-06-93 ---.-----. ----.----- _.0. J ( , . . - 9 - immediately after final adoption, resulting in essentially no delay in implementation in those areas. He then concluded by suggesting that the benefits of provisionally adopting the ordinance at this time outweigh the concerns. The Assistant City Manager stated that most of the material included in this ordinance has .been previously reviewed and will be discussed during the public hearing. He noted that Section 1 includes all of the objectives to be considered in creating a neighborhood parking district. He stated that the final version of the ordinance will only include those objective which will be met by the creation of the district. He then stated that Section 2 provides three alternatives for business owners within the district to consider in addressing the parking needs of their employees. The Assistant City Manager stated he will prepare a detailed information sheet prior to the public hearing, which will be available to the Commission and the public. He then indicated that . on Thursday, he will meet with representatives from MSU to discuss the proposed parking district. Following a brief discussion, the Commission determined that at the December 13 meeting, the pUblic hearing should be opened and then continued to January 18, 1994, with no public input being accepted until that time. . It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission provisionally adopt Ordinance No. 1377, establishing the MSU Residential Parking District and move the public hearing to January 18, 1994. The motion carried by the following Aye 1 and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Staff reDort - reauest for annexation of 1.0-acre tract located in the SW%. Section 13. T2S. R5E. MPM - David and Elizabeth McKenzie for 1517 Willow Way City Manager Wysocki noted that, included in the Commissioners' packets, was the staff report on the request for annexation of a 1.0-acre tract of land located in the Southwest one- quarter of Section 13, Township 2 South, Range 5 East, Montana Principal Meridian, as prepared .bY Assistant Planning Director Debbie Arkell. Assistant Planning Director Debbie Arkell presented the staff report, noting this is the first step in the annexation process. She noted the subject property is owned by David and Elizabeth McKenzie and is located at 1517 Willow Way, which is at the southwest corner of Willow Way and West Lincoln Street. She stated that the subject site contains a single-family residence; and 1 2-06-93 - u___ ..---- . ~ - J , ' , . , - 10 - annexation is being sought because the septic system has failed. She noted that, because a 12- inch sewer main is located in Lincoln Road, the applicants have requested permission to tie onto that service; and the Commission has indicated that, with annexation, the applicants may tie onto the City system. She stated that, since the nearest water main is over 900 feet from the subject .roperty, the applicants will not be required to tie onto that service, the water usage through their well will be metered to determine the charges for use of the sewer system. The Assistant Planning Director stated that the subject parcel is bounded by the city limits on two sides, and is currently zoned R-S, Residential--Suburban. She stated that staff has reviewed the application in light of the eight goals and twelve policies contained in Commission Resolution No. 2716, and the written findings for each of those goals and policies is contained in the written staff report. She summarized those findings by indicating that the application is generally in compliance with Goal Nos. 1, 2, 3, 6, 7 and 8 and does not substantially conflict with any of the goals. She noted that the application also generally complies with the policies contained in the resolution, with some impact noted on Policy No.7. She stated that, while the Fire Department does currently serve the property to the north and the west of the subject parcel, the nearest fire .hYdrant is located over 950 feet from the subject site. She noted that, without an adequate fire protection water supply, the City's Fire Department is not prepared to respond to a fire in a timely manner; therefore, that Department has expressed its concern about the requested annexation. The Assistant Planning Director stated that if the Commission wishes to pursue annexation, it should ensure that three issues be addressed: (1) usable water rights or payment-in- lieu be required, (2) the property owners sign a waiver of right to protest the creation of SID's for their proportionate share of water main improvements, and (3) the applicants provide a mylar map as required by the Director of Public Service. Responding to Commissioner Knapp, the Planner stated that, while the Fire Department has expressed concerns about providing adequate fire protection in light of the fact that the nearest fire hydrant is 950 feet away, they do have two pumper trucks which can be used to transport _ater to the fire if absolutely necessary. She also noted that, through the mutual aid agreement, the City could receive support from some of the surrounding fire districts, which also have pumper trucks. Mayor Swanson noted this is the third annexation request received recently because of 12-06-93 . , , , . . - 11 - a failed septic system. He then asked if it is logical to expect that other septic systems in the area may have broken down as well. The Assistant Planning Director responded that it is. She stated that the City-County Health Department is beginning to address the issue. She noted that, even though they are not .0fficiallY in place, the Health Department is beginning to follow the new, more stringent. regulations and is not allowing a septic system to be replaced when it fails if City sewer service is available to the site. She also noted that the property owners are now required to remove any contaminated soils. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission authorize and direct the Clerk of the Commission to prepare a resolution of intent to annex the subject 1.0-acre tract known as 1517 Willow Way. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Staff reDort re affordable housing issues - Neighborhood Coordinator/GrantsDerson Goehrung . City Manager Wysocki noted that, included in the Commissioners' packets, was a memo from Neighborhood Coordinator/Grantsperson James Goehrung, dated November 26, forwarding several questions and issues which he wished the Commission to address. Neighborhood Coordinator/Grantsperson Goehrung reviewed the contents of his memo. He stated that the housing task force has met four times to date and has identified its priorities; and that information has been forwarded with his memo. He reminded the Commission that they had directed him to review programs which have been implemented in other communities and forward possible recommendations for a program that may work here. Coordinator Goehrung noted he has included six main topics for Commission discussion, asking for direction on whether each of the topics is acceptable. He highlighted those topics, as follows: . 1. Direct staff to prepare definitions for affordability to include in the zone code and for direction in carrying out policy and for decision-making purposes; 2. Direct staff to identify acceptable land use and developm ent requirements that can be granted to developers, modified or waived for projects that guarantee affordability; 12-06-93 ____.___u __. _.._ .-------- --- -.-. ~F- I , - 12 - 3. Direct staff to prepare the necessary contracts to enter into a cooperative agreement with the local Human Resource Development Council to screen applicants for available affordable housing units, monitor compliance of property owners, and to administer the City's revolving loan fund for housing rehabilitation and Section 8 housing; 4. Raise the current charge for residential and commercial building permits and set aside this increase as a housing trust for the City of Bozeman; . 5. Direct staff to develop a list of acceptable uses of this trust money and a policy to administer the use of these funds; and 6. Direct staff to develop provisions for inclusionary zoning and requirements for builder set asides in the zone code. Responding to Mayor Swanson, Coordinator Goehrung stated these ideas have been developed by staff and the housing task force after reviewing what appears to have been most successful in other communities. He suggested that a combination of different approaches may be the best way to address the housing concerns in the community. Mayor Swanson noted the priority ranking as established by the housing task force. He expressed concern that the last priority in the list, receiving only 2 points, is "Need to address the NIMBY factor of where to site mobiles, modulars, and affordable housing". He suggested that is one of the most critical issues which must be addressed and should be one of the highest priorities. . Coordinator Goehrung stated that many of the housing task force members believe that a lot of work on this issue is already being done in the community and, therefore, did not need to be a high priority. Mayor Swanson stated it is a very big mistake to assume that addressing the "NIMBY" attitude is being sufficiently accomplished, reiterating his position that it should be a much higher priority. Commissioner Frost stated he hopes that low- and moderate-income homes will be allowed in every zoning district in the city. He expressed concern that establishing specific zones for mobile and modular homes and for low- to moderate-income houses would not be in the best interests of the community on a long-term basis. He noted that to have them intermingled with other homes .Will help to avoid any stigma and may help to ensure that a "slum" does not result. He cited the older part of the community as an example of the successful mix of smaller, less costly homes with larger, more luxurious homes. Commissioner Stiff stated he feels the community is taking steps toward addressing the issue. He noted that the Human Resource Development Council currently administers over 400 12-06-93 -..- ---.- -~.- -.- -- . ' , ' . .' - 13 - units of housing. He stated that to address the affordable housing issue in a privatized manner will alleviate any need for a housing authority. Commissioner Stiff then provided his responses to each of the six issues forwarded by Coordinator Goehrung, as follows: . 1. Suggested that, instead of trying to develop a new definition, the City should utilize the definition on Page 8 of the memo. 2. Noted the acceptable land use and development requirements are a problem. He stated that a review of two files on recent projects for the same piece of property revealed that the number of units allowed was essentially cut in half from the number requested. He expressed concern that to continue cutting the density of housing projects approved will not lead to more affordable housing, particularly because of the fixed costs involved. 3. Would like to pursue the possibility of using the Human Resource Development Council for administration of all affordable housing units, thus avoiding additional bureaucratic costs. 4. Stated he has problems with this suggestion. He noted that the current cost of a building permit seems to be quite high, as evidenced by a recent conversation with someone who had just spent $400 for a building permit for a garage. He recognized the need to generate revenues, but questioned the wisdom of using this mechanism. 5. Stated he needs to think about acceptable uses of trust monies before . forwarding his position. 6. Stated that when a density bonus is involved in a project, he feels that low- and moderate-income units should definitely be a part of it. Commissioner Vincent stated concurrence with the Mayor's concern that the "NIMBY" issue should be a higher priority. He stated that if inclusionary zoning is included, it must be done on a case-by-case basis. He then concurred with Mayor Swanson's position that addressing the "NIMBY" attitude should be one of the highest priorities if providing affordable housing is to be successful. Commissioner Vincent stated that specific examples from communities using each of these approaches would be beneficial as the Commission proceeds through the decision-making process on which options are acceptable. . Commissioner Knapp noted that as she reviewed the information prepared by Coordinator Goehrung, she came up with the general question "Why should affordability be a NIMBY problem?" and the response "Because it is thought that affordable housing is substandard. It She stated that she does not believe that the City's standards for housing projects should be changed to provide a lower quality housing because she feels that would be a wrong approach in the long run. She 1 2-06-93 - "-- "- -- "- -~-_. ------...-...-- . , . .- - 14 - suggested, rather, that affordable housing be provided as a temporary situation, with the opportunity for it to roll into the main stream after a specific period of time. She stated that an affordable house should appear like a standard house in a standard area, without being unusually small or poorly constructed. . Mayor Swanson stated that a review of the building permit fees charged by the major cities in Montana revealed that Billings, Great Falls, Missoula and Helena charge sUbstantially more than Bozeman does. Neighborhood Coordinator/Grantsperson Goehrung stated that Bozeman's building fees are lower than allowed under the Uniform Building Code. He noted that since Bozeman is a general powers form of government, funding sources are extremely limited; and this is one source that would be available. He estimated that raising the building permit fees to a level comparable with those charged in the other major communities in Montana could generate approximately $160,000 annually for a housing trust. Responding to Mayor Swanson, Coordinator Goehrung confirmed that the median income in Gallatin County is $27,500, essentially meaning half of the people earn more and half earn less. .He noted that under traditional bank formulas, approximately one-third of that income can be applied toward housing. Further responding to Mayor Swanson, Coordinator Goehrung stated that property costs make it difficult to build what is considered affordable housing; and closing costs and legal costs add to those costs. He noted that HRDC has approximately $1 million in subsidies for its housing project; and it is having difficulty in constructing housing at a cost of $60,000 per dwelling unit. He then addressed who could afford to purchase "affordable" housing, noting that group includes school teachers, City employees and grocery store checkers, not the stereotypical groups one may usually think of. City Manager Wysocki cautioned the Commission against eliminating anyone of these options without careful consideration, noting that a combination of approaches will probably be eecessary to accomplish the desired result. He then stated he feels it would be counter-productive to construct a $55,000 to $60,000 home in the Kagy Boulevard/Highland Boulevard, where the homes are large and expensive. He noted that in an upwardly mobile area such as that, both the residents of the smaller home and the residents of the larger, nicer homes would be uncomfortable. 12-06-93 . I , , - 15 - Commissioner Knapp forwarded her comments on some of the specific items listed in Neighborhood Coordinator/Grantsperson Goehrung's memo, as follows: 2. Stated she does not agree with some of the items listed under this option. 4. She stated a willingness to look at this option strongly. . 6. Stated that she does not support this option, but feels that steps should be taken to ensure that providing affordable housing does not result in creating a ghetto. At Commissioner Knapp's request, Coordinator Goehrung reviewed the concept of creating a housing trust. He noted that would create a pool of money, set aside for specific purposes, i.e., as a match for a HOME grant, to cover infrastructure costs for a project, to waive building permit fees, to provide a second mortgage on a home, to provide the down payment on a home. He noted that any of these options would help to "buy down affordability". Mayor Swanson asked the Commissioners to briefly summarize their positions on each of the six points contained in Coordinator Goehrung's memo. They did so, in turn, as follows: 1. The Commission concurred that the definition on Page 8 is acceptable. 2. Commissioner Knapp stated that, as long as the staff is only directed . to identify acceptable land use and development requirements and not move ahead with this option, she is willing to agree; the remainder of the Commission concurred. 3. All of the Commissioners stated support. 4 & 5. Commissioner Vincent stated he is willing to consider any information on these issues. Commissioner Stiff stated he wants more answers on these items; Commissioners Knapp and Frost concurred. 6. Commissioner Knapp stated she is not in favor of this kind of approach. She stated she has no problem with people looking at the issue further; however, she feels there are other ways in which to deal with the issue. Commissioner Vincent concurred, stating he is uncomfortable with directing staff to develop proposals until after he has had an opportunity to review real life applications. . Commissioner Stiff stated he feels that if the problem is to be solved, it is important to consider all options. He noted that the churches and a few deep-feeling individuals cannot address the problem alone. Commissioner Frost stated he feels this issue must be considered. He then forwarded the south side of town as an example of a variety of housing working well together. Mayor Swanson stated his concurrence with the comments forwarded by Commissioners Stiff and Frost. 12-06-93 -----... , ' . ' . . - 16 - Neighborhood Coordinator/Grantsperson Goehrung thanked the Commission for the direction. He then stated that additional information on many of these options has already been gathered. Ms. Belinda Rinker, general counsel for HRDC, stated appreciation for the City's .comprehensive approach to the affordable housing issue. She noted that HRDC is making major strides on the West Babcock project. She stated that project will hopefully demonstrate that affordable housing can result in a nice, pleasant neighborhood with amenities. She characterized long-term affordability as the critical issue, stating support for the housing trust fund as a mechanism to ensure that. She forwarded HRDC's willingness to assist the City in administering affordable units. Mr. Robb Tallon, Reach, Inc., stated their agency provides assistance to 74 adults with disabilities. He noted that their agency employs 80 people, most of which are below the median income level; and housing is an issue for them. He encouraged the Commission to pursue the options outlined in Coordinator Goehrung's memo as quickly as possible. The Commission thanked Neighborhood Coordinator/Grantsperson Goehrung for the .information he forwarded in his memo. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copies of letters expressing concern about the proposed neighborhood parking district from Helen McFaul, Dianne Ellis, Karen Conrey, Kimberly E. Kotur, Marilyn Jarvis, and Alan Hooker. The City Manager noted that copies of these letters will be included in the record of the public hearing on the proposed parking district. (2) Petition from residents along South 14th Avenue and South 15th Avenue .etween West Dickerson Street and West College Street, requesting that they be included within the neighborhood parking district. (3) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, December 7, along with daily minutes for the weeks of November 15 and November 22. 1 2-06-93 - . - 17 - (4) Copy of letter from the State of Montana Department of Health and Environmental Sciences, Water Quality Bureau, dated November 26, forwarding the results of a recent routine operation and maintenance inspection of the City's water supply. (5) Minutes for the Highway Commission meeting of September 22 and telephone meeting of October 14. . . (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, December 7, at the Carnegie Building. (7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, December 7, at the Carnegie Building. (8) The City Manager submitted his weekly report, as follows. (1) Signed the Amendment to the Interlocal Agreement between the City and the County for the Health Department last week, to allow for disposal of properties. (2) Met with County Attorney Mike Salvagni and other County officials regarding the possibility of pursuing a full-time victim liaison in the courts, working for both the City and the County, instead of the half-time position currently in place. He noted the position is funded through a grant at this time. (3) Announced that the .Bozeman Creek Water Users' Association conducted its annual meeting last week; Director of Public Service Phill Forbes represented the City at that meeting. (4) Noted that staff spent a considerable amount of time preparing for the orientation session which was held on Saturday for the new Commission. (5) Stated that initial reports reflect that, although the attendance at the Christmas Stroll this year was lower than in past years, it was more of a family event. (6) Stated that the financial statements have been submitted by the auditing firm, but the management letter has not yet been received. (9) Commissioner Vincent stated he worked closely with the City Manager in preparation for the orientation session on Saturday. He noted that the orientation went very well. (10) Commissioner Frost stated that he attended the meeting of North 7th Avenue business owners last Tuesday, at which thirteen individuals were present. He noted they are eonsidering long-term improvements, including removal of the medians, more lighting and landscaping of the cloverleafs at the interchange. He stated the business owners are also recognizing the need to clean up the corridor north of the interstate, since many visitors enter the community from the airport. 1 2-06-93 .-----.- - . ' . , - 18 - (11 ) Commissioner Stiff stated he was impressed with the staff presentations at the orientation on Saturday. (12) Clerk of the Commission Sullivan submitted the following. (1) Reminded the Commissioners of the invitation to attend the open house for the Big Sky Journal scheduled for .wedneSday evening, December 8, at the Baxter. (2) Reviewed the agenda for next week'. meeting. (3) Reminded the Commissioners that the evaluations for the City Manager and the Clerk are due today. (4) Stated that the Audit Committee meeting has been scheduled for noontime on Monday, December 20, with the exit conference to be conducted at the City Commission meeting later that afternoon. (13) Mayor Swanson submitted the following. (1) Asked the Commissioners to submit their evaluation forms as soon as possible. He reminded the Commission that they will be asked to set the salary for the City Manager following that evaluation, indicating he will provide them with information prior to the evaluation session. (2) Suggested that, with the fact that four public hearings are scheduled for this evening, the Commission may wish to consider delaying the decisions on the first two public hearings, so the agenda can be completed in a timely manner. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "National Drunk and Drugged Drivina (3D) Prevention Month 1993" - December 1993 Acknowledae receiDt of and accept - Warranty Deed from Donald K. Weaver. Jr.. and Martha F. Weaver - Tract 2C3. Sourdouah Trail Ooen SDace. Westridae Meadows #6. minor subdivision Dlan #83A (formerly used for Sourdouah Trail under a dedicated trail easement) Modification of Fast Track Develooment Aareement under SID No. 657 - Clair Daines - to allow occuoancy of homes Drior to oavlna of street Acknowledge receiot of aDDlication for annexation - The Mill. Ltd.. Edward C. McCrone - 13.4247-acre tract known as Tract 1. COS No. 1224. located in the SW%. Section 32. T1S. R6E. MPM (2100. 2150 Story Mill Road): refer to staff . Authorize Dayment of $3.439.47 to Montana DeDartment of Health and Environmental Science for cost recovery for services orovided during the oeriod July 1 throuah September 30. 1993 for the Bozeman Solvent Site Authorize City Manager to sign - Professional Services Agreement with Thomas. Dean and Hoskins. Inc.. - sewer main extension from East Olive Street south aDDroximately 700 feet on South Wallace Avenue 1 2-06-93 ----.--...-. ..-.-"..- . ' . . - 19 - Claims It was moved by Commissioner Frost, seconded by Commissioner Stiff, 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 ,.oting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Recess - 5:22 D.m. Mayor Swanson declared a recess at 5:22 p.m., to reconvene at 7:00 p.m. for the propose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. This was the time and place set for the public hearing on the variance from Section 18.14.050 of the Bozeman Municipal Code requested by Valley View Golf Club to allow a parking area to encroach 16 feet into the required 25-foot front yard setback under Application No. B-9315, on Tract 11, Valley View Annexation. The subject site is more commonly known as 302 East Kagy Boulevard. Mayor Swanson opened the public hearing. City Manager Wysocki noted that this public hearing had been originally scheduled before the Board of Adjustment but was opened and continued at that level because too many of the Board members are also members of the Valley View Golf Club and, therefore, encountered a .conflict of interest. Associate Planner Kevin Wall presented the staff report. He stated that the applicant is requesting the deviation to allow the parking area to encroach 16 feet into the required 25-foot front yard setback. He stated this would allow the parking lot to remain in its current location, providing a 9-foot setback between the parking area and the property line. He stated that this 12-06-93 .--.----..-.-- . I , - 20- variance is being requested in conjunction with a major site plan, which was conditionally approved by the City-County Planning Board at its November 2 meeting. One of the conditions for approval was that the applicant obtain a variance to encroach into the setback or meet the setback requirements. . The Associate Plannerreviewed the surrounding land uses, noting they include multi- family residential, offices and open space. He stated that the golf course covers a total of 124 acres and is zoned a combination of R-S, Residential--Suburban, and R-1, Residential--Single-family, Low- density. The Associate Planner stated that the staff has reviewed this application in light of the three criteria set forth in Section 18.56.060 of the Bozeman Municipal Code; and the findings are contained in the staff report. He highlighted those findings, stating that, while the parcel in question provides extensive open space, this variance would not result in ensuring adequate landscaped separation between the parking lot and the street. He expressed concern that, because of the reduced landscaping, the general welfare of the public will not be protected. The Planner stated that, since the golf course contains 124 acres and since there are no .identifiable conditions unique to the property, staff does not feel that this application meets the second criterion. He suggested that other options are available and should be considered in lieu of this requested variance. Planner Wall forwarded staff's position that the requested variance would compromise the intent of the zoning ordinance by not providing the required street frontage open space. He also expressed concern that approval of this application would establish an undesirable precedent. He further noted that the City's policy is to grant the minimum variance required to make a project work; and in this instance it appears that the 16-foot encroachment is sought simply because that is where the paved parking lot currently ends. Planner Wall concluded by forwarding the staff's position that it does not support the requested variance because it does not comply with the three mandated criteria. . Mr. Lowell Springer, architect representing the applicant, recognized that the zoning ordinance is meant to establish values and guidelines which people wishing to develop in Bozeman must meet, to ensure the type of growth that is desired. He noted that staff has forwarded a recommendation which is consistent with the letter of the ordinance and with previous 12-06-93 -..-.--....--- --...--- --.- - i , - 21 - recommendations; however, he suggested that there are underlying circumstances which must also be taken into consideration. Mr. Springer stated that the intent of the zone code is to ensure that the area is not over- developed and that adequate green space is provided. He noted the code is also designed to .ensure buffering between the street and the parking area. He recognized that this is extremely important to ensure that some type of open space is provided; however, he noted that in this particular instance, the remainder of the 124 acres is open space. He noted that this space is also well landscaped and well maintained and is definitely an asset to the community. Mr. Springer then forwarded his responses to each of the three criteria for review of a requested variance. He concentrated on the second criterion, which pertains to conditions unique to the property. He stated that the new building is sited as close as it can safely be to the 9th green and the 10th tee. He stated that a certain distance must be provided between the building and the golf course to create a safe environment. He noted that if the building is set back 1 6 feet further, it will require shortening of the ninth and tenth fairways, which will compromise the quality of the course. He also estimated that a cost of at least $60,000 will be incurred to accomplish .those changes. Mr. Springer noted that the golf course has existed at this location since 1958. In 1987, the parking lot was paved to bring the property into compliance with the code requirements. He noted that the code requirements have changed between the time the parking lot was paved and this application; however, he suggested that the parking lot should be grandfathered in. He noted that the strip between the parking area and the street has been landscaped; and they intend to provide additional landscaping in that area. He also noted that the interior parking lot landscaping will meet the code requirements. Mr. Springer stated that if the Commission does not approve this application, the Club will still be required to provide the appropriate number of parking spaces. He stated that this will result in expanding the parking lot to the east; and that will entail the removal of trees and increase the .exposure of the parking area to the street. He then read into the record a letter which he had forwarded to the staff, a copy of which was included in the Commissioners' packets. He concluded by encouraging Commission approval of this application. Responding to Commissioner Vincent, Mr. Springer stated it typically costs $30,000 to relocate a green or a tee box. He noted that if this variance is not approved, the proper base must 12-06-93 . , . - 22 - be developed for the relocated parking area, and estimated those costs at $10,000 to $12,000. Responding to Commissioner Knapp, Associate Planner Wall stated that the three criteria contained in the zoning ordinance are verbatim from the State statutes. He then responded to the "grandfather" issue, stating that if the provision applied to this project, this application would not . have come before the Commission. At the Mayor's request, the Associate Planner reviewed the City's policy for granting the minimum variance needed to accomplish a project. He suggested that in this instance, the requested 16-foot variance may not be absolutely necessary; rather, an 8- or 1 O-foot variance may be all that is really required. He reiterated his point that this application appears to be based on the extent of the existing pavement rather than the required variance. Responding to Mayor Swanson, Mr. Springer stated that there are 22 parking spaces in the row closest to the street; and those would be relocated to meet the code requirements if this variance is not approved. City Manager Wysocki noted the safety problems that can be encountered if the club house is located too close to the green. He then asked if there is a specific distance that must be .provided according to golf industry standards. Mr. Scott Kremmel, the golf pro at Valley View Golf Course for the past five years, addressed the relationship of the building to the 9th green. He stated that the new building is to be sited in the same location as the old building, with a substantial amount of glass facing the course. He noted that the pro shop has had four broken windows in the past few years. He stated that they have not gained anything from a safety standpoint with the new site plan, nor have they lost anything. He stated that a patio is to be located along the golf course side of the building; and the safety issues must be carefully considered, to avoid the potential of someone seated in that area being hit by a ball. Mr. Kremmel stated that if this variance is denied and the Club is still required to provide the same number of parking spaces, the parking lot will be extended to the east. He noted that, en addition to destroying some of the natural vegetation in that area, the practice green and some of the other practice facilities will be destroyed. He noted that a number of the members utilize these facilities; and they cannot be replaced if they are removed for the newly-required parking area. He stated that the membership at the club is booming, as reflected by the increase in memberships from 375 to 575 in recent years; and all of their facilities are important to them. He 12-06-93 ---------- ___ .n_ . - 23 - also noted that a portion of the cart path to the first tee will need to be relocated if the parking is moved to the east. Mr. Kremmel concluded by encouraging Commission approval of the variance, noting that it will result in a more aesthetically pleasing project than requiring that the code be met. . Mr. Jim Zimbric, Z 110 Fairway Drive, noted his home is located approximately 125 yards from the club house; and he is a member of the Board of Directors for the Valley View Golf Club. He stated his support for the requested variance, noting that it will result in a much nicer project than if the parking is moved to the east. Mr. Lowell Springer concluded the presentation by encouraging the Commission to approve the application, stating he feels it will result in a better project than if the code requirements are followed. He reiterated that is it not possible to relocate the building further to the south because of safety concerns unless two holes of the golf course are shortened, severely impacting the quality of the course. Commissioner Frost noted the intent of the code is to provide buffering between major thoroughfares and parking areas via open space and landscaping. He then asked how much .bUffering is to be provided in the remaining nine feet if this application is approved. Mr. Springer responded that the required canopy trees will be provided, as well as a hedge along the roadway to minimize the visual impacts. He noted that there is a point system contained in the zoning ordinance for evaluating a landscape plan; and the plan submitted exceeds the number of points needed. City Manager Wysocki entered into the record letters of support from Gregory Young and Elizabeth Croy, 8447 Goldenstein Lane, dated November 29; Ted Morford, dated November 30; Hayden Ferguson, 1618 Alder Court; Jim Zimbric, dated November 28; Kent M. Kasting, dated November 29; Rod and Marilyn Roys, 2191 Highland Boulevard, dated November 29; Floyd and Jeanne Claus, 320 South 6th Avenue, dated November 29; Kim and Suzy Coughlin, 505 Flathead, dated December 3; Don M. Petersen; Robert R. (Rick) Gustine, dated December 6; Gene Spranget, .408 Staudaher, dated December 6; James E. Diercks, dated December 6; and Dennis Couch, dated December 6. Responding to Commissioner Knapp, City Attorney Luwe stated that this situation does not meet the definition of "grandfathered". He stated that, because they are constructing a new 1 2-06-93 u. __ -.. " . , , - 24- building, all requirements of the current zone code must be met; and that includes the setback requirements, which have changed since the last time any upgrading has taken place. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being .commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. Mayor Swanson stated he is not interested in waiving the customary one-week waiting period because he wants time to review the testimony which has been submitted, particularly the information revolving around the issues of safety. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the customary one-week waiting period for land use decisions be waived. Since the motion requires a unanimous vote under the Commission's Rules of Procedure, the motion failed by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Commissioner Stiff; those voting No being Mayor Swanson. . Mayor Swanson stated this item will be placed on next week's agenda for a decision. Break - 7:40 to 7:48 o.m. Mayor Swanson declared a break from 7:40 p.m. to 7:48 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing - Conditional Use Permit - Dale Deutscher for Mike Huemohner - allow develooment of "Geyser Park". an amusement Dark facility with a 3.953-sauare-foot SUDDort buildina: variance from Section 18.43.060.C. to allow Darking lot closer than 50 feet to a Class I entrvwav corridor right-of wav - Lots 18A & 18B. Gordon Mandeville State School Section Subdivision (2320 North 7th Avenue) (Z-93146) This was the time and place set for the public hearing on the Conditional Use Permit requested by Dale Deutscher for Mike Huemphner, under Application No. Z-93146, for the .evelopment of "Geyser Park", an amusement park facility consisting of a go-cart track, batting cages, miniature golf course and a 3,953-square-foot support building; and to allow variance from Section 18.43.060.C to allow a parking lot closer than 50 feet to a Class I entryway corridor right- of-way on Lots 18A and 188, Gordon Mandeville State School Section Subdivision. The subject site is more commonly known as 2320 North 7th Avenue. 12-06-93 ...----- " . . - 25 - Mayor Swanson opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She stated the subject site is located just north of the water slide, and south of Northern Energy. She noted that Lot 18A, which will house the entire project, is currently vacant; and the front portion of Lot 18B, .pon which Rocky Mountain Window Company is located, will be used for overflow parking. She stated that three utility easements traverse Lot 18A, which make construction of buildings on the site very difficult. Those include a 40-foot-wide easement for Yellowstone Pipeline, which runs diagonally across the site, a 40-foot-wide easement along the east and north property lines for Montana Power, and a 15-foot-wide easement across the lot for City sewer. The Assistant Planning Director stated that under this application, an amusement park facility is to be developed, including five batting cages, an 18-hole miniature golf course, and a go- cart track capable of running twelve cars at one time. She noted that water is to flow through the park, and will include streams, ponds, geysers and waterfalls. Wood bridges will cross the water at strategic locations. Assistant Planning Director Arkell stated that, in conjunction with the conditional use .ermit. the applicant is requesting a variance from Section 18.43 of the zoning ordinance to allow the parking area to be located 25 feet from the property line instead of the required 50-foot setback along a Class I corridor. She noted that the typical front yard setback in the M-1 zone is 20 feet. The Assistant Director stated that staff has reviewed the requested variance in light of the three criteria set forth in Section 18.56.060 of the Bozeman Municipal Code; and the findings are contained in the written staff report. She summarized those findings, noting that the subject parcel lies within the 1-90 overlay district but is not visible from the interstate. She stated the dedicated North 7th Avenue right-of-way is 173.20 feet wide, with 63.20 feet being dedicated from the centerline of the existing pavement to the east. She noted this results in an excess amount of public right-of-way between the edge of the pavement and the edge of the right-of-way; and that space could be planted in grass, flowers and possibly low shrubs to create the appearance of a eetback. She stated that if this variance is not approved, the parking lot will be set back more than 90 feet from the paved portion of North 7th Avenue. Given the location of the three easements through the property, it could become extremely difficult to site a building on the lot if this variance were not approved. She concluded by suggesting that, with the condition that the public right-of- way be landscaped to appear as a part of the project, approval of the variance would be appropriate. 1 2-06-93 ---- ---- - -- --- - 26- Assistant Director Arkell stated that the City-County Planning Board considered the Conditional Use Permit at its regular meeting held on November 16. She stated that no members of the general public were present to speak in support of or in opposition to the request. She noted that the applicant did, however, express concern about Condition No.4, which requires that the .outhern access on Lot 18A be eliminated. She noted that the Board took into consideration the applicant's opposition to closure of that access as well as the Montana Department of Transportation's position that limited access should be provided onto arterials. The Planner then briefly reviewed all of the conditions which the Planning Board has forwarded in its recommendation for approval. Assistant Planning Director Arkell then stated that Commissioner Knapp has requested that a condition be added which reminds the applicant that the zoning ordinance contains a section pertaining to allowable noise levels at the property line. She noted that, even if this condition is not added, the applicant will be required to meet those requirements; however, she recognized the wisdom of including it in the conditions and forwarded proposed language for such a condition. Mr. Dale Deutscher, applicant, stated he has been able to resolve the issue of closing the eouthernmost access on Lot 18A. He stated that by relocating the northern access slightly to the south and widening the access to 38 feet, closure of the second access on that lot is possible without creating undue problems for semi-trucks requiring access to Rocky Mountain Windows. Mr. Deutscher then asked several questions about the condition requiring that he sign a waiver of right to protest the creation of an SID for installation of a traffic signal at the intersection of North 7th Avenue and Griffin Drive, asking for assurance that he will not be required to pay more than his fair share. Commissioner Knapp stated she had requested the additional condition pertaining to noise because of the noise that can be generated by go-carts. Mr. Deutscher stated he has checked the specifications for the go-carts he plans to purchase; and their noise levels are substantially lower than the levels allowed under the zoning erdinance. Responding to Mayor Swanson, Mr. Deutscher stated that he has been dealing with several lighting specialists. He stated that the lights for the go-cart track will be slightly different from those detailed on the site plan, characterizing them as being similar to football field lights, to ensure illumination of the entire go-cart track. He noted that all of the lights will be within the 12-06-93 , /"'1 , . - 27 - height requirements ot the zoning ordinance and will be directed downward or away from property lines and public rights-ot-way. Mayor Swanson noted that the City continues to encounter problems on one project where the lighting fixtures and light glare were not specifically addressed, indicating his intent to ensure _hat the lighting from this project does not create similar problems. Assistant Planning Director Arkell stated that the lighting fixture detailed in the site plan is similar to the light fixtures which were approved for Wal-Mart, which directs the light downward and does not have any portion of the luminaire showing. Responding to Commissioner Frost, Assistant Planning Director Arkell stated that she was not aware of the applicant's change of position on closure of the southernmost access on lot 18A. She noted, however, that the proposed 38-foot-wide single access is within the 40-foot width allowed under the code; and moving the single access southward is preferable to staft. Further responding to Commissioner Frost, the Assistant Planning Director stated that a condition should be added which requires that the detailing for the other light fixtures be included in the final site plan, if they are different from the ones reflected on the site plan that was originally .submitted. Mr. Deutscher noted the subject parcel and surrounding parcels need to be upgraded. He stated that he owns a landscaping business in the community; and he feels that this proposal will help to upgrade the subject lot. He then asked the Commission for approval of the requested conditional use permit and variance, suggesting that this project could lead to improvement of that entryway corridor. Responding to Commissioner Vincent, Assistant Planning Director Arkell stated that the Montana Department of Transportation does not like to have trees planted along their roadways because they make it more difficult to maintain. She stated they are also concerned that the speeds at which they plow the roads, and how far they throw the snow, could be damaging to the trees and possibly even kill them. . Responding to questions from Commissioner Vincent, Mr. Deutscher stated he is aware of the existing weed problem on the subject site. He indicated that he is a licensed sprayer and plans to address that problem upon approval of this application. He further noted that, in addition to spraying, the excavating that will be done on the site to reshape it will almost virtually solve the weed problem. 12-06-93 ,- . . - 28 - Responding to additional questions from Commissioner Vincent, the Planner stated that trees will be required inside the sidewalk area. She then responded to the questions and concerns which the applicant has raised about the waiver of right to protest the creation of an SID for signalization, emphasizing that the applicant will only be assessed for his fair share of the costs. _he also noted the potential for State installation of the light, in which case the applicant would Incur no costs. No one was present to speak in opposition to the requested Conditional Use Permit or attendant variance. City Manager Wysocki indicated he has received no written testimony. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the eustomary one-week waiting period for land use decisions be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission approve the variance requested by Dale Deutscher for Mike Huemphner, under Application No. Z-93146, from Section 18.43.060.C to allow a parking lot closer than 50 feet to a Class I entryway corridor right-of-way on Lots 18A and 18B, Gordon Mandeville State School Section Subdivision, subject to the following condition: 1. That the existing vegetative area between the property line and pavement be maintained as an extended boulevard, and that native wildflowers, grasses and/or landscape rock be planted in the same. Low shrubs may be added near the sidewalk area. .he motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission approve the Conditional Use Permit requested by Dale Deutscher for Mike Huemphner, 12-06-93 - - .. ----... . , . . - 29 - under Application No. 2-93146, for the development of "Geyser Park", an amusement park facility with a 3,953-square-foot support building on Lots 18A and 18B, Gordon Mandeville State School Section Subdivision, subject to the following conditions: 1. That no parking or structures be constructed within the 50-foot front yard setback unless a variance is granted by the Bozeman City . Commission; 2. That both the Montana Power Company and Yellowstone Pipeline Company approve the project prior to final site plan approval; 3. That the City Building and Fire Departments be provided with and approve the plans for storage of fuel for the go-carts prior to final site plan approval; 4. That the southern access on Lot 18A be eliminated per Montana Department of Transportation letter dated October 18, 1993. The access area between the property line and North 7th Avenue improvements shall be planted in native grasses, wildflowers and/or landscape rock, with a minimum of 75% of the area planted with live vegetation. The use of this on-site property for parking is acceptable, but the length of parking stalls cannot exceed 100 feet without being broken with a minimum of 300 sq.ft. of landscaping. The closure of this access may affect the location of the garbage dumpster; if so, the new location must be accepted by the Street/Sanitation Superintendent prior to final site plan approval. The applicant shall secure any necessary permits from the Montana Department of Transportation . (Bozeman division) prior to final site plan approval; 5. That the planting areas within the parking lot be a minimum of 300 sq.ft. in size as required in the Design Objectives Plan. The traffic circulation/protection islands at the south end of the parking on Lot 18B shall be planted with vegetation, with the size and type indicated on the final site plan; 6. That the proposed sign meet the definition of a "low profile sign", i.e., be solid between the finished grade and the tip of the sign. A temporary form of the street address shall be displayed at all times during construction of the project; 7. That the entrance to the facility be enhanced with architectural and landscape elements to ensure that the entrance is easily detected. These changes shall be shown on the final site plan and approved by the Planning Staff; 8. That the sidewalk be located one foot from the property line, in the North 7th Avenue right-of-way. No curb shall be constructed along North 7th, but shall be constructed in the access drives to deter storm . water runoff. The entire right-of-way area along the front of the property shall be maintained in native wildflowers, grasses, and/or landscape rock. If low shrubs are desired, they shall be planted near the sidewalk; 9. That a Stormwater DrainagelTreatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including 12-06-93 I. r, , . , , . - 30- basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan; 10. That sewer and water services shown on the final site plan shall be approved by the Water/Sewer Superintendent. City of Bozeman applications for services shall be completed by the applicant. The location of the existing water and sewer mains and nearby fire hydrants shall be properly depicted on the final site plan. All existing utility and . other easements must be shown on the final site plan; 11. That typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section details shall be dimensioned and approved by the City Engineer; 12. That if floor drains are proposed, a grit/oil separator must be installed, with a detail of the separator provided to and approved by the City Engineer; 13. That the property owner shall provide and file with the County Clerk and Recorder's Office an executed Waiver of Right to Protest the Creation of SID's for signalization at North 7th Avenue and Griffin Drive; 14. That the final site plan shall indicate that the drive approach and public street intersection sight triangles shall be free of plantings over 30" in height, with the exception of single stemmed trees; 15. That the applicant shall obtain a demolition and dumping permit from the City Engineer for the removal of the existing pavement on the site, prior to final site plan approval; . 16. That the final site plan shall indicate the applicant's intent with regard to the existing well on the property. If the well is to be abandoned, it must be properly capped. The well can be used for irrigation purposes, but not for domestic use; 17. That the maximum noise level, measured at the property line, not exceed the standard octave band values provided in Section 18.50.035.1.(2) of the 1/23/92 zoning ordinance; 18. That a detail of all light fixtures be provided on the final site plan. All light fixture shall be arranged to deflect light down and/or away from adjoining properties and streets. Lighting standards shall not exceed 20 feet or the height of the structure, whichever is lower. Lighting fixtures must incorporate cut-off shields to direct light downward. Luminaires shall not be visible from adjacent streets or properties. Fixtures should be compatible with architectural and site design; 19. That seven copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall . be submitted for review and approved by the Planning Director within six months of the date of approval. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. If occupancy of the structure is to occur prior to the installation of all improvements, the Improvements Agreement must be secured by a 12-06-93 , r, , c. . '., ~ , - 31 - method of security equal to 1 % times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than 12 months; however, all on-site improvements must be completed within 9 months of occupancy to avoid default on the method of security; 20. That a building permit must be obtained within one year of final site plan approval. Building permits will not be issued until the final site . plan is approved. Excavation for foundations and the preparation of forms may not occur until both the Montana Power Company and Yellowstone Pipeline Company have approved the project. Once their approval is received, excavation for foundations and the preparation of forms may occur prior to final site plan approval or issuance of a building permit. However, no concrete shall be poured and no further construction shall commence until final site plan approval has been granted and until building permits have been issued; 21. That the building permit application shall include the low profile sign, or a separate building permit must be obtained for the sign; 22. That within 60 days of final completion of all site work the applicant's licensed architect or engineer overseeing the project shall certify to the Planning Department that all improvements have been completed in accordance with the approved final site plan; 23. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the I Conditional Use Permit procedure; 24. That all of the special conditions shall constitute restrictions running . with the land use and shall be binding upon the owner of the land, his successors or assigns; 25. That all conditions specifically stated under any Conditional Use listed in this Ordinance shall apply and be adhered to by the owner of the land, successors or assigns; 26. That all of the special conditions shall be consented to in writing by the applicant prior to final site plan approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Stiff and Mayor Swanson; those voting No being Commissioner Frost. Public hearina - Zone Map Amendment - Steven Wenzel and Susan J. Smiley - establish an initial zonina desianation of R-2. Residential -Sinale-family. Medium-density. on 0.486-acre tract of land located in the Se %. Section 11. T2S. R5E. MPM (2502 West Babcock Street) (2-93157) . This was the time and place set for the public hearing for the Zone Map Amendment under Application No. Z-93157, requested by Steven Wenzel and Susan J. Smiley, to establish an initial zoning designation of R-2, Residential-Single-family, Medium-density, on an 0.486-acre tract of land 12-06-93 . ---.---....-.- . --.-.---..---.. -- - . ri \ . . " , - 32 - located in the southeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly known as 2502 West Babcock Street. Mayor Swanson opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She reminded the .commission that the subject O.48-acre tract is located along the south side of West Babcock .. Street. west of its intersection with West Main Street. She noted the parcel is bound by the city limits on two sides. Surrounding zoning includes R-3, Residential--Medium-density, and B-2, Community Business, as well as R-R. Rural Residential. Most of the residential development in the immediate area is single-family residential. The Assistant Planning Director reminded the Commission that this application for annexation has been submitted because the existing septic system has failed; and the County Health Department has indicated that the system cannot be repaired or replaced. She noted that water and sewer mains are adjacent to the subject property; therefore, connecting to City services can be easily accomplished. The Assistant Director stated that the master plan designates the subject area as urban .residential infill. She noted that, while this parcel is not specifically included because it lies outside city limits, the soft edge of the master plan allows the parcel to be included. Assistant Planning Director Arkell stated that the subject parcel currently lies in County Zoning District No.1, which allows a wide range of residential uses as well as some conditional uses. She stated that the applicant requested an R-2, Residential--Single-family, Medium-density, zoning designation in light of the existing single-family status of the property. She noted, however, that after review of the application, staff forwarded its recommendation for an R-3, Residential-- Medium-density. She indicated that the proposed R-2 zoning designation could create what is considered reverse spot zoning, while R-3 would be in compliance with the zoning of surrounding residential development. She stated that the Director of Public Service has indicated that the cash- in-lieu payment for water rights will be based on the single-family residential development of the .sUbject site rather than on the zoning designation; and the applicants had sought the R-2 zoning to keep those costs down as much as possible. The Assistant Planning Director stated that the staff has reviewed this application in light of the twelve criteria set forth in the Montana Code Annotated; and those findings are contained in the written staff report. She noted that the City-County Planning Board conducted its public 12-06-93 .\ .' .. " - 33 - hearing on this application at its November 16 meeting and, after considering all testimony received, voted to recommend an initial zoning designation of R-3 on the subject parcel, as recommended by staff. She then asked that, if the Commission concurs in that recommendation, the motion include the provision that this zoning will be contingent upon annexation of the parcel, .ince it currently lies outside city limits and is the subject of an annexation process. Ms. Susan Smiley was present and indicated a willingness to respond to questions. No one was present to speak in opposition to the requested zone map amendment. City Manager Wysocki indicated he has received no written testimony. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the customary one-week waiting period for land use decisions be waived. The motion carried by the .following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Zone Map Amendment, under Application No. Z-93157, requested by Steven Wenzel and Susan J. Smiley, to establish an initial zoning designation of R-3, Residential--Medium-density, on an 0.486- acre tract of land located in the southeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, be approved, contingent upon annexation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Break - 8:25 to 8:31 p.m. . Mayor Swanson declared a break from 8:25 p.m. to 8:31 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 12-06-93 -- '. . , .;1 , - 34- Public hearing - aoolication for Montana Home Investment Partnershio Program (HOME) monies - Bozeman Interfaith Housing for nine-unit aoartment oroiect at intersection of West Peach Street and North 4th Avenue This was the time and place set for the pUblic hearing for application for Montana Home Investment Partnership Program (HOME) monies for Bozeman Interfaith Housing for a nine-unit . .apartment project at the intersection of West Peach and North 4th Avenue. Mayor Swanson opened the public hearing. Neighborhood Coordinator/Grantsperson James Goehrung submitted the staff report. He noted that, included in the Commissioners' packets, was a cover memo, along with a copy of the Request for Proposals, information on the HOME program and copies of the notices of public hearings that were advertised in the newspaper. He stated that the deadline for submittal of applications was November 23; and as of that deadline, only one application, from the Bozeman Interfaith Housing, had been submitted. Grantsperson Goehrung stated the purpose of tonight's public hearing is two-fold. First, the Commission is to receive public comment on the whole program and second, it is to receive pUblic comment on the specific application which has been forwarded. He noted that under the .HOME program, the City must serve as sponsor because the HRDC, which is also a qualifying agency under the HOME program, received a grant for $324,000 last year. Grantsperson Goehrung stated that, during a recent training session in Billings, he briefly discussed this application with representatives of the Department of Commerce; and they showed a high level of interest in it. He suggested that, with the composition of the Bozeman Interfaith Housing, this application will have a high potential for success. He further noted that the top priority in the latest comprehensive housing affordability plan is the construction of new rental properties. Ms. Wallis Bryan asked whether the housing constructed by the Bozeman Interfaith Housing will be open and available to any qualifying resident or whether it will be reserved for members of the churches involved in the organization. . Rev. John Plummer, Bozeman Interfaith Housing, reviewed the membership of the Board which has worked on this project. He stated that he has discussed this application with Grantsperson Goehrung at length; and he feels it is a strong one. He noted that he has also discussed what is considered acceptable leveraging with representatives of the Department of Commerce. He stated one of the key issues which the Department of Commerce considers is the 12-06-93 ">,j I -, ~ . , - 35 - ability to proceed with the project. He noted that in this instance, the application for development of the site has been approved by all of the appropriate bodies, including the City Commission. He stated that the Board has also raised over $50,000 over the past few months to purchase the property upon which the proposed nine-unit apartment complex is to be constructed. Bozeman _nterfaith Housing has been pre-approved by the Montana Board of Housing for a loan. " Rev. Plummer stated that the items listed above reflect their ability to successfully proceed with this project. He noted that with the support they have received from local, state and federal agencies, it appears that funding of this project can be accomplished. He noted the federal government requests that 30 percent of the funding be secured; and the State has indicated a willingness to match with 15 percent. He noted that, because of the Board's fundraising ability, he does not anticipate that the State's 15 percent will be necessary to meet the 30-percent match for federal monies. Rev. Plummer emphasized the importance placed on multi-family rental units in the State in the latest CHAS report, particularly in the seven major cities. He stated that staff has refined the information which he submitted to representatives from the Department of Commerce following .the training session on this program. He noted the strong feeling of support which he had received from that initial contact. He then noted that he has discussed this application with Ms. Barbara Richards, who is recognized as one of the most successful grantwriters in Montana; and she feels this is a strong, competitive application with a good chance for funding. Rev. John Plummer stated that the Board has appointed a selection committee to develop criteria for selection of tenants for the new apartment complex. He noted that those individuals have utilized the strengths of the Human Resource Development Council, the Habitat for Humanity and federal guidelines to develop a selection criteria that they believe will be acceptable. He noted that some of those selection criteria include whether one has been involuntarily displaced, is living in substandard housing, or is spending more than 50 percent of the family income on housing. He stated the Board is planning to accept applications approximately six months prior to completion .f the project so that the units can be occupied immediately upon completion. Rev. Plummer stated that these apartment units will be open to the general public, with no preference being given to members of the churches involved. Rev. Plummer stated the Board feels this is a strong proposal. He then asked for Commission support and City sponsorship of this application. 12-06-93 ..,,'1,>\ :>> ., I , - 36- Mr. Nick Davis, member of the Board for the Bozeman Interfaith Housing, spoke in support of the application and asked for City sponsorship of the application. Neighborhood Coordinator/Grantsperson Goehrung emphasized that, while the Bozeman Interfaith Housing is comprised of representatives from various churches around the community, .here are no formal religious connotations in the application. He stated the Board plans to work with the Human Resource Development Council to pre-qualify applicants for this new housing. He noted that the grant application will be for approximately $200,000. He stated that the match requirement should be easily met with purchase of the property and other contributions from the group. Grantsperson Goehrung stated that preparation of the formal grant application will be a rather extensive process. He then noted that the deadline for applications is January 18, 1994. No one was present to speak in opposition to the proposed application. City Manager Wysocki indicated he has received no written testimony. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye .eing Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission authorize application for an approximate $200,000 grant from the Montana Home Investment Partnership Program on behalf of the Bozeman Interfaith Housing for a nine-unit apartment project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Adiournment - 8:49 D.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. 12-06-93 --- -- -' __ ...........~'.,k \..., ~ q :'-' ..,. - 37 - -' _TTEST: f~ ~ ROBIN L. SULLIVAN Clerk of the Commission . . 12-06-93