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HomeMy WebLinkAbout1992-08-31 ccm - "0,.,.,. , . ./ ':;:~ ,i", . MINUTES OF THE MEE11NG OF THE CITY COMMISSION BOZEMAN, MONTANA August 31, 1992 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 31, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, Staff Attorney Wordal and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Swanson asked if any of the Commissioners wished any of the Consent Items to be removed for discussion. City Manager Wysocki requested that Commission Resolution No. 2874 be removed for discussion. Minutes - August 17. 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes ~Of the regular meeting of August 17, 1992, 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. Decision - variances to Section 18.50.160 to allow eXDansion of existing non-conformina use and not require paving or curbina in parkina area - Martel Construction - Tract 3. COS No. 236; .176- acre tract in the SW ~. SE %. Section 18. T2S. R6E; and Tract B (1203 South Church Avenue) The City Manager reminded the Commission that this was the time and place set for the decision on variances to Section 18.50.160 of the zone code to allow expansion of the existing non-conforming use and not require paving or curbing in the parking area requested by Martel Construction, under Application No. C-9214. The subject property is known as Tract 3, Certificate . of Survey No. 236; a .176-acre tract located in the Southwest %, Southeast %, Section 18, Township 2 South, Range 6 East; and Tract B of the Bozeman Creek Annexation. The subject site is more commonly located at 1203 South Church Avenue. Planning Director Epple submitted to the Commission a memo dated August 27, setting forth ten suggested conditions for possible approval of the variances requested by Mr. Martel. He noted that many of them are the same as those previously presented; however, there were some 08-31-92 --. - - - - ---.---- --......-- . ~. ~. - 2 - , revisions, which he reviewed. He then stated that Mr. Martel and his representatives have been . furnished with a copy of the conditions; and as of Thursday afternoon, they tentatively agreed with the conditions as set forth. The Planning Director noted that in Condition No.1, a revision has been made to reflect ~ that storage on the original site will be limited to an extension of the line of the "west boundary ..,.., of variance" on the new site. He stated that this line is located west of the creek; however, he feels it provides a more readily identified and consistent boundary line than the original language. The Planning Director then suggested a revision to Condition No.2, to read"... to utilize portions of said property lying west of the identified "west boundary of variance" for further expansion of non-conforming activities ..." He noted that this will provide consistency with the above condition. The Planning Director then reviewed Condition No.3, which pertains to that portion of the streambed which is adjacent to the original parcel. He noted that under this condition, the applicant must obtain the appropriate permits for work in the stream banks; and it further requires that he remove the existing concrete riprap in three or five years, depending on whether it is _determined to pose no imminent danger to downstream properties by the permitting authorities. ~~ Planning Director Epple noted that Condition No. 4 requires a complete grading and drainage plan for those portions of the original Martel site that are being disturbed by the improvements under this project, i.e., where the existing structure is to be removed, as well as that portion of the new site lying east of the creek. The Director stated that Condition NO.5 was discussed at last week's meeting; and no changes have been made. He then stated that Condition No.6 was included because one version of the site plan did not depict the 100-year flood way . Director Epple then addressed the provisions of Condition No.7, which require that the applicant plant and maintain a vegetative screen consisting of evergreen trees, a minimum of five .feet tall at 15-foot centers, along the north boundary of the newly-acquired parcel from the North Church Avenue right-of-way to the 1 OO-year floodway line on the east side of the creek. He stated that the purpose of this condition is to minimize the visual impacts of the vehicle and equipment storage area. The Director then stated that there are no changes to Condition Nos. 8, 9 and 10. Responding to Commissioner Knapp, the Director stated that staff felt it appropriate to 08~31-92 -,,~ -- -...-.-- _._..~_.. ,. - 3 - , require screening along that portion of the lot to which the variances apply, outside the boundaries of the 1 DO-year flood way; however, they did not feel it was appropriate to require the planting of screening on that portion of the lot to which the variances for expansion of the non-conforming use do not apply. . Responding to Commissioner Vincent, the Planning Director stated that the proposed screening will not address some of the concerns expressed by residents along the west end of Ice Pond Road; however, he noted the natural vegetation does provide a fairly effective screening for those residents. Commissioner Stiff stated his appreciation for seeing some of the more controversial conditions removed. He did, however, express concern that the information to be reviewed by the Design Review Board includes the colors to be used in the new structures. He noted the Commission recently went out of its way to tell the community that color was not a factor, yet it appears in the conditions for approval of this project. He then stated concern about the precedent that this may set, noting that precedents seem to have a way of becoming law after a period of time. . Planning Director Epple responded that color is the least important of the elements to be reviewed, noting that compatibility of the materials and architectural lines of the old building and new building are the critical elements. Responding to Commissioner Frost, Planning Director Epple stated that staff revised Condition No.3 to not require the applicant to obtain a 310 permit immediately. He noted that a 310 permit is valid for only one year, with a six-month extension possible if the project is not complete at that time. He noted that since this condition has been revised to require that the work be completed in three or five years, it is not logical to require a 310 permit at this time. Further responding to Commissioner Frost, the Planning Director stated that the portion of the original parcel lying west of the creek will no longer be used for storage of equipment and . vehicles, but will be used for storage of some materials. Mayor Swanson suggested that the Commission expand Condition No.7 to require the applicant to plant evergreen trees from the 1 DO-year flood way on the west side of the creek west approximately one-third of the distance along that boundary. He stated that this extension of the trees would provide the screening for the residents along Ice Pond Road which they have indicated is important. 08-31-92 .. _u .._ .._____ ,II - 4 - " The Mayor then stated his support for removing reference to color in Condition No.8. Planning Director Epple quickly calculated the distance that would be involved in the Mayor's suggestion, finally estimating the distance at 120 feet, which would require an additional eight trees. . Mr. Dick Andriolo, attorney representing the applicant, loudly whispered his opposition to that added portion of the condition to Planning Director Epple. Commissioner Stiff expressed concern about extending the screening beyond the variance line for this project. He noted that the west portion of the lot will be developed in a manner other than for the construction business; and until that use is known, he feels that screening should not be required on that portion of the lot. An informal poll of the Commission revealed that three Commissioners supported extension of the trees in Condition No.7; and two opposed it. Another informal poll of the Commission revealed that all of them supported deleting reference to color from Condition No.8. Commissioner Frost noted his support for the requested variances, noting that he feels the proposed conditions will help to ensure that the neighborhood concerns, general community .concerns, and applicant's concerns have all been addressed. Commissioner Vincent stated that this application has required compromise on all sides. He stated that, given the amount of neighborhood concern that has been expressed, he feels that the conditions help to ensure that any impacts on the area will be mitigated. He then noted that this is a precedent-setting application under the new zone code and master plan, which provide for flexibility in the zoning process. Commissioner Knapp stated support for the variances, noting her pleasure in seeing that the 1 OO-year flood way is being protected. She then stated she feels that a decision to approve this application with the recommended conditions is an equitable agreement for all parties. Mayor Swanson noted that much of the testimony received was from extremely .successtul businesspeople in the community, in a theme which seemed to indicate that land use decisions should be based on a business's history and, more importantly, on what the business person has contributed to the community. He noted that Mr. Martel's volunteerism and the extra measure of community spiritedness and pride and his charitable contributions are to be commended; however, they are not, in reality, the basis for a land use decision. He then noted the importance of retaining a level playing field for everyone in the land use process. 08-31-92 ....-.".---.--... - . . ,j - 5 - The Mayor stated that public testimony also suggested that business is the life blood of this community. He then acknowledged that business is a part of the life blood of the community; however, he noted that many other professions and factors contribute to its economic health, i.e., other professions such as teaching, clean air and clean water, and the proximity to natural places. .He then stated that all of these issues must be taken into consideration when making a decision on an application such as this. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission approve the variances to Section 18.50.160 of the zone code to allow expansion of the existing non-conforming use and not require paving or curbing in the parking area, as requested by Martel Construction, under Application No. C-9214, on the site commonly known as 1203 South Church Avenue, subject to the following conditions: 1. That vehicle and equipment storage on the original Martel parcel west of Sourdough Creek be limited to an area between the creek and a line which is the extension of the line identified on the site plan as the "West Boundary of Variance" on the newly acquired parcel, and that said area be designated on the final site plan; 2. That the applicant shall cause to be filed with the Clerk and Recorder . a deed restriction, subject to review and approval by the City Attorney, assuring that the current owners of the newly-acquired property, as well as any heirs, assigns, or successors, shall not utilize or seek approval to utilize portions of said property lying west of the identified "West Boundary of Variance" for further expansion of non-conforming activities of the construction company; 3. That the applicant apply for and receive necessary 310 and Floodplain Development Permits to remove any and all unapproved concrete material from the stream channel within the original Martel parcel, and provide in its place approved erosion control material in a manner proscribed by 310 and Floodplain permitting authorities, by no later than September 1, 1995, unless 310 and Floodplain permitting authorities certify in writing that the continued presence of said material poses no imminent danger to downstream properties, in which case said material shall be removed in accordance with applicable permitting standards and practices by no later than September 1, 1997. Permitting requirements shall be provided to the City-County Planning Office by no later than September 1, 1995 or September 1, 1997, as provided for above, with the continuing right to a use and occupancy . permit for the proposed building addition and expansion onto the newly acquired property contingent on completion of the project as specified; 4. That a complete grading and drainage plan for affected portions of the original Martel parcel (i.e., adjacent to the west edge of the existing building and proposed addition), and the newly-acquired parcel lying east of Sourdough Creek, be prepared by a Professional Engineer, subject to review and approval by the City Engineering Office prior to the issuance of building permits, addressing issues of surface water detention and pollution control; 08-31-92 -- .-- - --- -----.-- ------- - ._._--_.._--~ ,. -6- . 5. That the applicant provide plans and specifications for an oil and grit separator, grease trap, floor sump or other structure within the proposed shop addition to assure protection of groundwater and surface water resources from contaminants such as crankcase oil, transmission fluid, etc., including an on-going maintenance and inspection program, subject to review and approval by the City engineering office prior to issuance of any building permits for the proposed addition; . 6. That the 1 DO-year floodplain, including the designated flood way boundary, be depicted on the final site plan, and that any stream channel work, site grading, placement of parking lot surfacing material, bridge removal, etc, which occurs within the designated 1 DO-year floodplain be done in accordance with all applicable 310 and Floodplain Development Permit regulations and requirements; 7. That to minimize the visual impacts of vehicle and equipment storage on the newly-acquired parcel, the applicant shall install and maintain a vegetative screen consisting, as a minimum, of fir or spruce trees, five (5) feet tall at the time of planting, 15 feet on center, along the north boundary of the newly acquired parcel, from the east property line to 120 feet west of the 1 DO-year flood way line on the west side of the creek, except in the 1 DO-year floodway, and that said planting shall be depicted on the final site plan subject to review and approval by the planning office; 8. That to ensure compatibility of the proposed building addition with the existing principal structure, building plans and elevations, including a description of materials to be used, shall be submitted for review and . approval by the City-County Planning Office, in consultation with the Design Review Board, prior to the issuance of building per its for the proposed building addition; 9. That prior to issuance of any building permits for the proposed addition, the applicant shall provide a final site plan to the City-County Planning Office demonstrating compliance with all conditions of this approval, and shall enter into an Improvements Agreement specifying all site and building improvements required herein; and 10. That if occupancy of the proposed building addition is to occur prior to completing of all required landscaping, grading and drainage, and building improvements, the applicant shall provide to the City a financial guarantee equal to one and one-half times the estimated cost of improvements not yet installed, to assure installation of said improvements within nine months of occupancy, and with said financial guarantee effective for not less than twelve months after the date of occupancy. It is expressly understood that no occupancy or use of the proposed building addition shall occur until all required landscaping, grading and drainage, and building improvements are installed or complete, or until an appropriate financial guarantee has been provided . to the City by the developer as described above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No. none. 08-31-92 -- -----...-.- __n____._.._..__ .__ __...__... -- .- .4 - 7 - ConceDt Dlan review - Creekside Subdivision & P.U.D. - 161-acre Darcel generally bordered by Baxter Lane on north. city limits on east and Davis Lane extended on west City Manager Wysocki reminded the Commissioners that they had delayed this item at last week's meeting. Assistant Planner David Grigsby gave the staff report. He noted the subject property is .Iocated west of the city limits, east of Davis Lane, south of Baxter Lane and north of Oak Street extended. He stated that this application is for a review of the concept plan for the Creekside Planned Unit Development and a pre-application for the subdivision. He noted that the subject parcel is located outside city limits and is zoned A-S, Agricultural Suburban, which encourages clustered development and open space. Assistant Planner Grigsby stated that under this application, the developer proposes to leave 78 acres in open space, and develop 180 Y4-acre single-family residential lots, four R-3 zoned lots on six acres and three R-4 lots on thirteen acres. He stated a creek runs through the middle of the subject property; and under this plan it would be incorporated into the center of the open space. He also noted the applicant is suggesting the possibility of developing an executive nine- _~ hole golf course in the open space area at some time in the future, to minimize maintenance ,., problems. The Assistant Planner stated that the right-of-way provided for roadways is 60 feet wide; however, 26-foot-wide paved private curvilinear roads are proposed, with sidewalk on one side of the street and no curb or gutter. He also noted that private pathways around the edges of the open space are proposed, so that construction of a golf course will cause minimal disruption to the paths. The Planner noted that the City's main sewer line runs through the subject parcel; therefore, connecting to the City's sewer system is a part of the proposal. He stated that a private well system is proposed for this development, with adequate water for domestic use as well as fire service to be provided. He stated that the private system is to be developed to City standards so .that, when possible, this development can be tied into the City's water system. Assistant Planner Grigsby stated this development is to be constructed in six phases. He noted that annexation is not being requested at this time because Planning staff has suggested the City will not be ready to annex the property until the water trunk lines have been extended to that area, to ensure adequate water supply for fire protection. He then noted it is anticipated that police 08-31-92 --. .- -...- ..---- . " . J - 8 - and fire response times to the development will be quite slow, given the distance from those stations and the access available. The Planner stated that staff comments received regarding this proposal include an interest in seeing City standard streets installed, with curb, gutter and sidewalks. He also noted that . concern has been expressed about the potential that the Bozeman Solvent Site plume may eventually spread to the subject area, causing contamination problems for a private water system. He also noted that concerns were raised about traffic impacts to Baxter Lane and the intersection of North 7th Avenue and Baxter Lane. Assistant Planner Grigsby stated that the County Commission has reviewed this concept plan, and encouraged consideration of lower-priced lots which would accommodate affordable housing. He noted that, while those lots abutting the open space may not be suited to this type of housing, the lots at the south end of the project, which back up to each other, could possibly be utilized for lower cost housing. Planner Grigsby then drew Commission attention to a memo dated August 11, forwarding two different issues for consideration. He stated that staff has expressed concern about the .~ potentially high special improvement district assessments for development of the roads within this ..,., development to City standards. He then suggested that a new City standard be established for streets which are located in more rural developments, to ensure that atmosphere is maintained as much as possible. He also suggested that, rather than requiring the developer to sign waivers of protest to the creation of future special improvement districts, he should be required to pay an amount into an escrow account for each lot. The Planner noted that under the present system, the developer may sign a waiver and not ever encounter any of the costs of an SID. Assistant Planner Grigsby noted that the City has incorporated non-City-standard streets, which were originally developed as private streets, into its system in the past; and it has encountered maintenance problems. He noted that, based on that past experience, the technical . staff has requested waivers of protest for SID's, to bring those streets into compliance with City standards at the time of annexation. He stated that this suggestion does not allow a rural suburban type of subdivision to maintain its rural atmosphere; and it can result in substantial additional costs to the property owners. He then suggested that the City establish a second street standard for those streets located within this type of planned unit development, which can be accommodated within this system. 08-31~92 --- .- -.......-.. .---..--- -.......-- . , -' - 9 - , Mr. Jerry Gaston, engineer representing the developer, stated this project meet the intent of the master plan, which encourages innovative development; and some of the ideas which Mr. Randall Arendt presented a couple of years ago have been incorporated into the plan. He then stated that, given the size of the parcel, it could be developed at a density of 476 lots; and under .this proposal, 180 lots would be developed, with 50 percent of the parcel remaining in open space. Mr. Gaston stated this plan includes 26-foot-wide streets, with no curb and gutter and with paved curvilinear walkways on only one side of the street. He noted that these streets are to be constructed in a 60-foot-wide right-of-way, which leaves 15 feet on each side of the paved street for the walkway and landscaping; and that could create a maintenance problem at some time in the future. He noted, therefore, that the developer is considering decreasing the width of the right-of-way and increasing the sizes of the lots. Mr. Gaston then noted that waivers of right to protest the creation of SID's for upgrading of the roads to City standards has been proposed. He stated he feels the residents should be allowed to maintain the rural setting in which they have purchased; and he does not feel they should be required to incur those additional costs. . Mr. Jerry Gaston stated that an executive type golf course is planned for the open space, noting it would be developed at some time in the future. He noted that this format would effectively provide for maintenance of that open space. He also indicated that paths around the edge of the golf course area would allow residents an opportunity to access and enjoy that open space in other ways. Mr. Gaston then noted that the creek which traverses the property actually begins with a spring located on the property. He stated that the water system to service the homes within this development will be constructed to City standards and will be maintained by the homeowners until such time as the parcel is annexed and serviced by the City's water distribution system. He noted that under the application for this development, tying onto the City's sewer collection system will .be sought, since the trunk line runs through the property, it lies within the identified sewer service area, and given the fact that this property was utilized in developing the size of the current waste water treatment plant. He then indicated that storm water run-off will be contained wholly on site, with no storm sewers to be installed. Mr. Gaston stated that the Rae Volunteer Fire District has acknowledged that this parcel lies within their rural fire district; and they have agreed to provide fire protection until such time as 08-31-92 -- --.- . -...... , J - 10- ~ - - it is annexed. He stated that a ten-year build out of the six phases in this development is anticipated. He noted the off-site changes which are also anticipated during that period of time, including the extension of North 19th Avenue and the 1-90 interchange as well as extension of other roadways in the immediate area, which will provide a secondary access to the subject site. . Mayor Swanson noted that when this parcel is annexed, the residents will begin to pay street maintenance district assessments, and will probably expect services in return. He then asked how the 26-foot-wide format of the streets will impact the City's ability to provide those services, particularly if there are cars parked along the street. Mr. Jerry Gaston responded that plowing of residential streets is minimal. He then indicated that the developer proposes a project where parking is prohibited along the street. He then reiterated the point that this development will be sold based on the fact that it is a clustered development in a rural setting in the city. Responding to Mayor Swanson, Mr. Gaston stated that, with 50 percent of the land in open space, it is difficult to include affordable housing in a project such as this. He also noted that the master plan does not address affordable housing in the manner it has been identified. . Further responding to the Mayor, Mr. Gaston indicated that when this plan is brought back for formal action, it will include a cross section of the road system. He noted that at that time, the issues of pedestrian and bicycle travel will be addressed. Commissioner Frost stated his support for the concept plan, including the narrow roads; however, he stated an interest in having walkways on both sides of the street. He then suggested that access points to the trail system in the open space be provided from the street, to allow access other than through residents' back yards. He then stated support for the idea not improving the streets to City standard upon annexation. He suggested that streets leading into this development be strategically placed so that they line up with streets from other developments, rather than having streets intersect in a haphazard manner. . Mr. Gaston responded that it is their intent to have an internal road configuration that does not generate a north/south thoroughfare type of situation that could jeopardize the clustered neighborhood atmosphere that is desired. He stated that limited external connections should help to ensure the integrity of the development. Commissioner Frost raised the point that access for emergency vehicles be taken into consideration. He then stated that during his presentations at MSU, Mr. Randall Arendt spoke 08-31-92 . . .I - 11 - . the issue of providing affordable housing with large open space areas; and his slide presentation gave some good examples of multi-unit developments. He suggested that this development could be better if some more affordable units were incorporated into the plan. He then reiterated his support for this concept plan, noting it meets the intent of the master plan and reflects new and .innovative ideas. Mr. Gaston noted an interest in working with the City to develop additional street standards for rural type developments within city limits. He then reiterated his interest in retaining interior roadways for this development, to protect its clustered development atmosphere. Responding to Commissioner Stiff, Mr. Gaston stated that when this project was initially discussed, annexation was a part of the package. He noted, however, that they have come to realize that immediate annexation is not a viable option; so, they have taken alternative steps to provide the needed infrastructure. Commissioner Vincent stated support for the proposal to develop a new standard for streets in this type of rural suburban residential setting. He then noted that a golf course is a restricted open space, and suggested that some of the open space be reserved for other types of ~activities, such as a playground for children and a more unrestricted open space that can be utilized ~ for all different types of activities. Mr. Gaston reiterated the point that this is not a development around a golf course, rather, it is a second feature which provides for ease of maintaining the open space. Responding to questions from Commissioner Knapp, Mr. Gaston stated it is anticipated that annexation will occur before this project is fully developed. He noted that the extensions of North 19th Avenue and West Oak Street will probably have a major impact on the timing of the annexation. He then indicated there will be 180 single-family units in the project, plus the multi- family units that are proposed. Commissioner Knapp noted that, until this development is annexed, the residents will . utilize City services without contributing toward their funding. She then suggested that the project should be annexed as quickly as possible, so that it can begin to pay for the demands it places on the various City services. Mr. Gaston noted the importance of ensuring that this parcel does not become an annexed island. Mayor Swanson stated an interest in seeing the trail system through this project 08-31-92 , - 12 - , ) ~ coordinated with other trails, possibly to those in the Brentwood Subdivision. He then stated he does not want to give up on the idea of affordable housing in this project, encouraging the developer to research that issue further. He then indicated an interest in providing separate accommodations for bicycles and pedestrians. He stated he is very worried about parking, stating .that he does not want to see cars parked on the streets. Mr. Gaston stated the Commissioners' comments will be incorporated into the formal application, which will be forthcoming in the near future. Mr. Jerry Gaston then addressed the issue of an upfront escrow for SID's. He cautioned against this idea, suggesting it creates problems rather than sOlving a problem. He stated that, without knowing the costs that would be involved, it would be difficult to require an appropriate escrow payment. He also noted that this policy would cause animosity in the long run. Responding to Commissioner Knapp, Mr. Gaston stated he feels that waivers of protest to the creation of SID's will accommodate most of the issues and problems that arise. City Manager Wysocki reminded the Commission that the City does have a policy for special improvement districts for installation of water, sewer and streets. . Assistant Planner Grigsby stated that, while he recognizes Mr. Gaston's arguments, the escrow would reduce the amount of impact to the property owner. He further noted that this would provide a mechanism under which the developer would bear a portion of the costs, rather than passing the entire burden to the individual property owners. The Commission thanked Mr. Gaston and Planner Grigsby for their presentations. Review decision on reauest from Josech B. Polus - variances from Sections 18.34.050. 18.50.110.C.2.b., 18.50.110.F. - to allow construction of one-story G.890-square foot warehouse on existing foundation/basement to reclace structure destroyed bv fire - 428 North Broadway Avenue City Manager Wysocki reminded the Commission that this item had been requested for discussion by Mayor Swanson. . Mayor Swanson reminded the Commission that at their regular meeting of July 27, they denied two of the three requested variances on a 3 to 2 vote. He then stated that the applicant has provided a revised site plan, which he feels more adequately addresses the Commission's desires, and expressed his interest in considering this application one more time. Associate Planner Debbie Arkell reviewed her memo of August 31, which was included 08-31-92 ___n.__.._. .. ...__.___n___.__..__. ... .-..... .. - 13 - , .-, .. in the Commissioners' packets, as well as the revised site plan which she has received. She reminded the Commission that the two variances upon which the public hearing was held at the July 20 meeting and which were denied at the July 27 meeting included: 1. From Section 18.34.050, which requires a 20-foot landscaped front setback and an 8-foot side yard setback, and further requires screening . with either decorative fence or plantings from the residential district to the west; and 2. From Section 18.50.110.C.2.b., which limits drive access widths to 40-foot wide maximum. . The Planner reviewed the revised site plan, which includes an additional 6 feet of . landscaping to the east along North Broadway Avenue, a 10-foot-wide landscape strip along the south side of the existing wall, narrowing to a 5-foot-wide strip across what is the existing driveway to connect the two landscape strips. She stated that Mr. Polus has just indicated his desire to eliminate the 5-foot by 15-foot island of landscaping across the driveway, leaving it open so that it can be used for emergency travel. She also stated that the applicant proposes to remove the existing 24-foot by 24-foot building within one year after occupancy of the reconstructed warehouse. She stated this will allow time for the applicant to move those items being stored in ~that building to the new structure and demolish the old building. ., Planner Arkell stated that staff has provided eight recommended conditions for approval of these two requested variances, noting that many of these are the same as originally recommended. Responding to Commissioner Frost, the Planner stated that under this revised site plan, three of the parking spaces are to be relocated from the front of the building to the southern portion of the lot, adjacent to the landscape strip. She stated that the applicant does not propose to pave this parking area because access will be gained from East Fridley Street, which is a gravel street. She also suggested that, given the use of this building, she does not anticipate that those parking spaces will be very heavily utilized. . Further responding to Commissioner Frost, Planner Arkell stated that the distance from the current retaining wall to the proposed landscape strip is seventeen feet; and sixteen feet is needed for a one-way access. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the following variances requested by Mr. Joseph B. Polus, to allow construction of a one-story, 6,890-square-foot warehouse on the existing foundation/basement to 08-31-92 . . .J - 14 - ~ replace a structure destroyed by fire on Lot 2 of the Amended Subdivision Plat of a portion of Block 49, Northern Pacific Addition: 1. From Section 18.34.050, which requires a 20-foot landscaped front setback and an 8-foot side yard setback, and further requires screening with either decorative fence or plantings from the residential district to the west; and . 2. From Section 18.50.110.C.2.b., which limits drive access widths to 40-foot wide maximum. subject to the following conditions: 1. That five additional Potentilla, or other shrub or hedge, be added to the berm area on North Broadway Avenue (approximately at 5-foot centers) to provide additional buffering; 2. That in addition to the aspen trees shown on the site plan for buffering, one (1) large canopy tree for each fifty (50) feet of street frontage shall be planted within the street right-of-way, a minimum of eight feet from the property line. The species of the trees (per Section 18.50.100.D.5.e.) must be shown in the landscape legend, with minimum size being 1 % -inch to 2-inch caliper or ten feet high; 3. That the landscape area between the warehouse and the front yard be a minimum of 10 feet wide. The new landscape areas must contain a combination of trees, shrubs and grass to provide a complete landscaped area. The building permit sketch plan must show all ~ landscaping and provide a landscape legend showing that the vegetation meets minimum requirements of the Code; ~ 4. That the existing 24' x 24' building on the southern portion of the lot be removed within one year of occupancy of the warehouse; 5. That all landscaped areas be protected with 6" curbing and/or wheelstops, with wheelstops used in the southern parking area to indicate designated parking spaces; 6. That the applicant enter into an Improvements Agreement with the City to guarantee the installation of required improvements, i.e., landscaping, water spigots, paving, and the removal of the 24' x 24' existing building, prior to issuance of a building permit for the warehouse. If the use of the structure is to occur prior to the installation of the 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. The method of security shall be valid for a period of not less than 12 months; however, all improvements shall be completed within nine months of occupancy to avoid default on the method of security. . 7. That a building permit be obtained within six months of approval of the variance; and 8. That the applicant provide a waiver of right to protest the installation of sidewalks along North Broadway Avenue at the time the City orders in sidewalks along that roadway. 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 08-31-92 . , . -f - 15 - . voting No. none. Break - 5:20 to 5:28 D.m. Mayor Swanson declared a break from 5:20 p.m. to 5:28 p.m., in accordance with J. Commission policy established at their regular meeting of March 14, 1983. Ordinance No. 1347 - adoDtina by reference the Uniform Code for Abatement of Dangerous Buildinas. 1991 edition. as adoDted by the State of Montana City Manager Wysocki presented Ordinance No. 1347, as approved by the City Attorney, entitled: ORDINANCE NO. 1347 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1284 AND NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTION 15.24.010 OF SAID CODE, AND PROVIDING FOR ADOPTING THE 1991 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS. The City Manager reminded the Commission that they had provisionally adopted this ~ ordinance, and the following four ordinances, at their regular meeting of August 17. He further -..., , reminded the Commission that the State has adopted these codes; and the City must adopt them by September 1 if it wishes to continue its building inspection and enforcement program. He then recommended that the Commission finally adopt these ordinances at this time. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission finally adopt Ordinance No. 1347, adopting by reference the Uniform Code for Abatement of Dangerous Buildings, 1991 edition. 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. . Ordinance No. 1348 - adoPtinq by reference the Uniform Buildinq Code. 1991 edition. as adoPted by the State of Montana City Manager Wysocki presented Ordinance No. 1348, as approved by the City Attorney, entitled: ORDINANCE NO. 1348 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS 08-31-92 ----...----..-....- . " , . - 16 - 4 AMENDED BY ORDINANCE NO. 1285 AND NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTION 15.04.010 OF SAID CODE; ADOPTING BY REFERENCE THE 1991 EDITION OF THE UNIFORM BUILDING CODE WITH APPENDIXES CHAPTERS 7, 10, 12, 23, 32, 49, 53, 55 AND 57, AND THE 1991 EDITION OF THE UNIFORM BUILDING CODE STANDARDS. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the .ommission finally adopt Ordinance No. 1348, adopting by reference the Uniform Building Code, 1991 edition. 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. 1349 - adoptina by reference the Uniform Code of Buildina Conservation. 1991 edition. as adoDted by the State of Montana City Manager Wysocki presented Ordinance No. 1349, as approved by the City Attorney, entitled: ORDINANCE NO. 1349 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW SECTION TO BE NUMBERED 15.30.010; PROVIDING FOR THE ADOPTION OFTHE UNIFORM CODE FOR BUILDING CONSERVATION 1991 EDITION, DELETING CHAPTERS 4, 5 AND 7 THEREFROM EXCEPT AS REFERENCED BY CHAPTER 6; AND REPEALING ORDINANCE NO. 1325. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission finally adopt Ordinance No. 1349, adopting by reference the Uniform Code for Building Conservation, 1991 edition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Ordinance No.1350 - adoDting by reference the Uniform Mechanical Code. 1991 edition. as adoDted by the State of Montana .entitled: City Manager Wysocki presented Ordinance No. 1350, as approved by the City Attorney, ORDINANCE NO. 1350 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1288 AND NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BEAMENDED BY REVISING SECTION 15.12.010 OF SAID CODE, AND ADDING A SECTION TO BE NUMBERED SECTION 08-31-92 . . . , . 17 - . 15.12.030; PROVIDING FOR ADOPTING THE 1991 EDITION OF THE UNIFORM MECHANICAL CODE; AND PROVIDING FOR ADDITIONS AS SPECIFIED HEREIN. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1350, adopting by reference the Uniform Mechanical Code, 1991 edition. The motion carried by the following Aye and No vote: those voting Aye .eing Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Ordinance No. 1351 - adoDtina by reference the Uniform Plumbing Code. 1991 edition. as adoDted by State of Montana City Manager Wysocki presented Ordinance No. 1351, as approved by the City Attorney, entitled: ORDINANCE NO. 1351 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1289 AND NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 15.16.010 AND 15.16.030 OF SAID CODE; PROVIDING FOR ADOPTING BY . REFERENCE THE 1991 UNIFORM PLUMBING CODE ALONG WITH AMENDMENTS AND ADDITIONS AS SPECIFIED HEREIN. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission finally adopt Ordinance No. 1351 adopting by reference the Uniform Plumbing Code, 1991 edition. 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. Continued discussion - annexation Dolicy The City Manager requested that the Commission defer this discussion until next week, given the late hour of this meeting. He then distributed a memo from Director of Public Service .Forbes, dated August 31, forwarding some items for consideration in this process. Schrenk annexation - reauest for annexation of Parcel A and Parcel B. located in the W%. W%. NE%. SW% and the E%. E%. NW%. SW%. Section 11. T2S. R5E. MPM - 13.0-acre tract aenerally located north of the Main Mall and fronting on West Babcock Street City Manager Wysocki reminded the Commission that they had received the staff report on this requested annexation at their meeting of August 17. He then requested that the 08-31-92 . : . - 18 - , . . .. Commission make a decision on whether they wish to proceed with the annexation process for this parcel or not, noting that the current discussions on the annexation policy have essentially no bearing on this request. Associate Planner Dave Skelton noted that if the Commission directs staff to proceed .throu9h the annexation process, items which will be addressed in the Annexation Agreement include curb, gutter, sidewalk and storm drainage for West Babcock Street and participation in the signalization of the intersection of West Babcock Street and West Main Street. He also noted that the issues of a storm water detention/retention plan for the site and cash-in-lieu of water rights payment will be addressed during the annexation process. The Planner then stated that items such as paybacks on the sanitary sewer system hook-up, special improvement districts for various improvements, access to U.S. Highway 191, and parkland dedication will be addressed through the subdivision process. Responding to Commissioner Knapp, Planner Skelton stated that if the Commission proceeds with the annexation process for this property, the Planning staff will require that the applicant file an application for a master plan amendment to establish a land use designation which ~will be appropriate for the type of development being proposed. He stated that discussions with ..., both the County Planning staff and the County Commissioners have revealed that they have no problem with the City annexing this parcel and removing it from County Zoning District No.1. Responding to Commissioner Stiff, the Planner stated that, while the applicant is currently proposing about 80 dwelling units on the subject site, the anticipated zoning would actually allow 195 to 250 dwelling units. He then noted the Director of Public Service has indicated that the City's infrastructure could accommodate up to 270 dwelling units. In response to a question from Commissioner Frost, Planning Director Epple briefly reviewed the annexation process. He then indicated that staff will prepare a written timeline to provide a more detailed outline of the process that is to be followed. . Respond ing to Commissioner Knapp, Planner Skelton stated that annexation of the subject property will not create any additional liabilities to the City for run-off from the paved area at the Main Mall. He then indicated that issue will be addressed during the subdivision review process. Commissioner Vincent stated his willingness to support forwarding this application through the process, noting that he is taking it one step at a time, and carefully considering all of the input received before making a final decision on the annexation itself. 08-31-92 . , , , - 19 - .. Mayor Swanson stated support with proceeding through the process. He then noted that he does recognize the traffic impacts which this will have to West Babcock Street; however, he suggested that issue as well as its intersection with West Main Street must be addressed. He then noted that the City already provides fire protection for Valley Unit Subdivision; and he does not .believe that this annexation would have any additional impact on those services since it is located east of that subdivision. Commissioner Frost noted the substantial improvements which are needed on West Babcock Street, including the realignment of its intersection with West Main Street so that it coincides with South 23rd Avenue. He then stated that, until the City has a capital improvements plan on line so that those improvements can be started, he cannot support any projects which will result in an increase in traffic impacts to that area. City Manager Wysocki reminded the Commission that the need for improvements to West Babcock Street and its intersection with Main exists now. He noted the possibility of getting the State Department of Transportation to include this intersection in its West Main Street/U.S. Highway 191 project, if it can be included without delaying that entire project. . Commissioner Knapp noted that the infrastructure currently exists to provide adequate water and sewer services to the subject site; and she feels that is important. She noted that to annex the property now will avoid the possible need to address ground contamination because of septic systems at some time in the future. She noted that in this instance, only one of the three infrastructure systems needs to be addressed. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission authorize and direct staff to proceed with the next step in the annexation process. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No being Commissioner Frost. . Commission Resolution No. 2874 - acknowledQinq and accepting receiPt of $50.000 bequest from estate of Dorothv Porter for Bozeman Public Library City Manager Wysocki reminded the Commission that he had asked that this item be removed from the Consent Items. He then distributed a revised copy of Commission Resolution No. 2874, as approved by the City Attorney, entitled: 08-31-92 . I . , t - 20- .. COMMISSION RESOLUTION NO. 2874 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, ACKNOWLEDGING AND ACCEPTING RECEIPT OF $50,000 BEQUEST FROM THE ESTATE OF DOROTHY PORTER FOR THE BOZEMAN PUBLIC LIBRARY. The City Manager stated that this resolution has been revised by adding a phrase at the .bottom of the "now, therefore" paragraph which states "... gift of $50,000, which is hereby accepted and forwarded to the Bozeman Public library Board of Trustees for a recommendation on how the gift is to be utilized." He then recommended that the Commission adopt the revised resolution. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission adopt Commission Resolution No. 2874, acknowledging and accepting receipt of the $50,000 bequest from the Estate of Dorothy Porter for the Bozeman Public library, as revised. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. -~ ~ Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Letter from Hank Barksdale, 501 West lamme, dated August 26, expressing concern about the number of accidents at the intersection of North Fifth Avenue and West lamme Street. (2) letter from Kathleen Cullen, 524 North Fourth Avenue, dated August 18, stating frustration about receiving an "overweight" notice on her garbage can. (3) Report on the water consumption and remaining water as of August 28. (4) Notice of the Chamber of Commerce Banquet for Excellence, which is to be held .on October 20 at the SUB on campus. '" (5) letter from the American Red Cross, dated July 13, regarding acquisition of a new van. (6) Tentative agenda for the Montana league of Cities and Towns annual conference, scheduled for October 7 through 9 in lewistown. 08-31-92 -- -- - - -- ----..- . ' ~ - 21 - ~ . .' ~ (7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, September 1, in the Commission Room. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m on Tuesday, September 1. . (9) Fact sheet on the Bozeman Solvent Site. dated August 27, 1992, as submitted by PRC Environmental Management, Inc. (10) Copy of the legislative opinion survey being distributed by the Bozeman Area Chamber of Commerce. (11 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, September 1, at the Carnegie Building. ( 12) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, September 1, at the Carnegie Building. ( 13) The City Manager distributed a letter from Mr. Carroll Henderson, dated August 30, regarding the Martel variance request. He noted that, since this letter was not received until after the close of the public hearing, it was not distributed to the Commission until after the ~decision was made. ,WI' (14) Memo from Fire Chief Allen Shearman, dated August 28, announcing that, through MSU's cooperation, the Fire Department has installed a repeater for the radio system on top of Nelson Story Tower. ( 15) The City Manager submitted his weekly report, as follows. (1) Stated that staff is working on determining delinquent SID assessments which are more than 24 months in arrears on undeveloped parcels and 36 months in arrears on developed parcels, in anticipation of action. (2) Met with counsel regarding the Bozeman Solvent Site this past week, noting the City has been served with a complaint. (3) Attended the TCC meeting last week. (4) Met extensively with staff last week regarding the Martel variance. (5) Prepared for a meeting on payroll deduction plans with .the United Way and Montana Community Shares. (6) Noted that paving of the pathways along South Third Avenue is in progress. (7) Noted the substantial number of projects being processed through the Planning office at this time. (8) Announced that the auditors will be back in the office beginning next week. (16) Commissioner Knapp submitted the following. (1) Attended the Beautification Committee meeting last week. (2) Attended a meeting in preparation for the Night of 100 Dinners 08-31-92 ---...----- --- -~.- , . .. " - 22 - ." I .0 ~ fund raiser for the Library. (3) Attended the TCC meeting last week. (4) Took a ride with one of the police officers. (5) Announced that she became a Grandmother today, with the arrival of a granddaughter. ( 17) Staff Attorney Wordal submitted the following. (1) Announced that the City has .eceived a complaint filed by Jewel Corporation, and Mr. Barry O'Connell, the City's counsel, is reviewing the material. (2) Announced that service has been attempted on the City by Mr. William Nichols; however, the appropriate service has not yet been accomplished. She noted that this involves an incident which has been heard by the Police Commission, with the complainant now attempting to seek District Court action. (3) Rode with the Police Department on Friday evening, noting she intends to do more. (4) Noted she is doing some in-service training of police officers regarding writing of reports and testifying in court as well as updating them on the law. ( 18) Clerk of the Commission Sullivan indicated she is sending the registration forms for the League Convention in this week, and asked the Commissioners to contact her if they do not plan to attend. ( 19) Mayor Swanson noted he has received a letter from the Montana Department of _ .Transportation in response to his letter regarding truck traffic on Main Street. He noted that he will have copies of the letter made and distributed in next week's packet. He stated that in a recent meeting, it was revealed that Miles City and Lewistown have succeeded in getting truck traffic off their Main Streets by following the appropriate procedure. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Deviations from Sections 18.32.050. 18.50.060. 18.50.100.F. - Souther. 118 East Beall Street - to allow structure to encroach 5 feet into 15-foot front yard: front exterior stairs to encroach 7 feet into front yard; driveway to encroach 8 feet into 8-foot side yard : per DRB recommendation Deviation to allow total sauare footaae of sians allowed per business where . multiple businesses are involved to exceed limit bv 20% - Robert Dixon for Columbia Paint Companv. 2020 West Babcock Street; per DRB recommendation Commission Resolution No. 2873 - amending 1990 Bozeman Area Master Plan Update bv add in a Parks. Open Space and Trails (POST) Master Plan COMMISSION RESOLUTION NO. 2873 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE 1990 BOZEMAN AREA MASTER PLAN UPDATE DATED OCTOBER 1990 BY 08-31-92 -------..------------------ . , ( . 'I! .._t.. I - 23 - , . . t~ ADDING THE PARKS, OPEN SPACE AND TRAILS (POST) MASTER PLAN. Claims It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons eto complete the necessary actions. 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. Adjournment - 6:03 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 Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No being Commissioner Frost. A ~ ATTEST: ~ c:I ~~ R BIN L. SULLIVAN . Clerk of the Commission . 08-31-92 ---.- -.-....-- .-- ..-..--."..- .,_. -,.,............,._,~