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HomeMy WebLinkAbout1992-08-17 ccm - ,-~a.~. ~.~ """~ -', ","".. ._'-~-- -.. -- -_.,~ -~- ".'" .,. ~ :3 . .... ' . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 17, 1992 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 17, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Frost was absent in compliance with Section 7-3- 4322(2), M.C.A. 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 - August 10. 1992 It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the .minutes of the regular meeting of August 10, 1992, be approved as amended. 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, none. Ordinance No. 1347 - adoDtina bv reference the Uniform Code for Abatement of Dangerous Buildings. 1991 edition. as adopted bv 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, MONT ANA, 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 noted that included in the Commissioners' packets was a memo from Staff Attorney Susan Wordal, dated August 13, regarding the adoption of the five uniform building codes. He then noted that after the State adopts these codes, local governments are given a specified date by which they must adopt the codes also if they wish to continue their building 08-17-92 ---.---- ....-- -- . - -'. .- "...--- '~.- , .. . , . J , , - 2 - , inspection programs. Staff Attorney Susan Wordal reviewed the contents of her memo. She noted that most of these ordinances are missing a penalty section, relying rather on the general penalty section in the Bozeman Municipal Code. She then stated that she will forward an ordinance within the next .few weeks to revise that penalty section so that it reflects the new misdemeanor penalties contained in the State statutes. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission provisionally adopt Ordinance No. 1347, adopting by reference the Uniform Code for Abatement of Dangerous Buildings, 1991 edition, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Stiff and Mayor Swanson; those voting No, none. Ordinance No. 1348 - adoDting by reference the Uniform Buildina Code. 1991 edition. as adopted by State of Montana .entitled: City Manager Wysocki presented Ordinance No. 1348, as approved by the City Attorney, ORDINANCE NO. 1348 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PRO VIDING THAT THE BOZEMAN MUNICIPAL CODE, AS 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 Knapp, seconded by Commissioner Stiff, that the Commission provisionally adopt Ordinance No. 1348, adopting by reference the Uniform Building Code, 1991 edition, and that it be brought back in two weeks for final adoption. The motion . carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Ordinance No. 1349 - adoDting by reference the Uniform Code for Building Conservation. 1991 edition. as adoDted by State of Montana City Manager Wysocki presented Ordinance No. 1349, as approved by the City Attorney, 08-17-92 , n_ ~_, , . , ~ , - 3 - . 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 OF THE 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. Responding to Commissioner Vincent, Staff Attorney Wordal stated that the ordinance which adopted the code which was copyrighted in 1987 was not codified, nor was a code section number assigned in the ordinance. She stated that, because of that situation, the new ordinance is essentially a new ordinance, with the old ordinance simply being repealed in total. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission provisionally adopt Ordinance No. 1349, adopting by reference the Uniform Code for Building Conservation, 1991 edition, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. .A ..,., Ordinance No. 1350 - adoDting bv reference the Uniform Mechanical Code. 1991 edition. as adoDted bv State of Montana City Manager Wysocki presented Ordinance No. 1350. as approved by the City Attorney, entitled: ORDINANCE NO. 1350 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 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 15.12.030; PROVIDING FOR ADOPTING THE 1991 EDITION OF THE UNIFORM MECHANICAL CODE; AND PROVIDING FOR ADDITIONS AS SPECIFIED HEREIN. Responding to Commissioner Vincent, Attorney Staff Wordal stated that this ordinance . includes a section which provides specific requirements for allowing the use of LPG appliances, as required by the State of Montana. She noted this same section is contained in the adoption of the Uniform Plumbing Code, in the next agenda item. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission provisionally adopt Ordinance No. 1350, adopting by reference the Uniform Mechanical Code, 1991 edition, and that it be brought back in two weeks for final adoption. The motion 08.17-92 ...".........--.- . .--.-----.--- . , , , t , - 4 - . carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Stiff 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 Knapp, seconded by Commissioner Stiff, that the Commission provisionally adopt Ordinance No. 1351 adopting by reference the Uniform Plumbing Code, 1991 edition, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, .commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Commission Resolution No. 2871 - the intent to close the intersection of South Sixth Avenue and West Harrison Street by Dlacing a diagonal barricade across said intersection City Manager Wysocki presented Commission Resolution No. 2871, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2871 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE COMMISSION'S INTENTION TO CLOSE THE INTERSECTION OF SOUTH SIXTH AVENUE AND WEST HARRISON STREET BY PLACING A DIAGONAL BARRICADE ACROSS SAID INTERSECTION. The City Manager noted that this resolution, and the following resolution, state the City's .intent to close specified streets, in response to the petitions which have been received. He stated that these resolutions set public hearings for September 9, 1992. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission adopt Commission Resolution No. 2871, stating the intention to close the intersection of South Sixth Avenue and West Harrison Street by placing a diagonal barrier across the 08-17-92 ------.--- -.. -.-.--..- ---.- . , . , , , - 5 - . intersection, and set the public hearing for September 9, 1992. 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, none. .commission Resolution No. 2872 - the intent to close North 20th Avenue at a Doint between the north right-of-way line of West Main Street and the south riaht-ot-way line ot Durston Road by clacina a barricade across said coint City Manager Wysocki presented Commission Resolution No. 2872, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2872 A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, DECLARING IT TO BE THE COMMISSION'S INTENTION TO CLOSE NORTH 20TH AVENUE AT A POINT BETWEEN THE NORTH RIGHT-Of-WAY LINE Of WEST MAIN STREET AND THE SOUTH RIGHT-Of-WAY LINE Of DURSTON ROAD BY PLACING A BARRICADE ACROSS SAID STREET. It was mqved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission adopt Commission Resolution No. 2872, stating the intention to close North 20th Avenue at a point between West Main Street and Durston Road, and set the pUblic hearing for ~SePtember 9, 1992. 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, none. Staff recart re reauest for annexation ot Parcel A and Parcel B, located in the West %, West Y2, Northeast %, Southwest % and the East %, East %, Northwest %, Southwest %. Section 11, TownshiD 2 South, Range 5 East, M.P.M. - a 13.0-acre tract generallv located north of the Main Mall and fronting on West Babcock Street, known as the Schrenk Annexation Reauest City Manager Wysocki stated that included in the Commissioners' packets was the staff report for the Schrenk Annexation request. Associate Planner Dave Skelton presented the staff report. He stated the subject 13.0- acre parcel is described as Parcel A and Parcel B, located in the West one-half of the West one-half .Of the Northeast one-quarter of the Southwest one-quarter, and the East one-half of the East one- half of the Northwest one-quarter of the Southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject parcel is bounded by the Main Mall on the south and West Babcock Street on the north; is located in County Zoning District No.1; and is zoned RR, Rural Residential. The Planner noted it is located between two vacant parcels which are 08-17-92 -------.--- ..-- - - -- ------------.--.-- - ~.._----_....- .-.-..--..--.-....---- , , . , I , - 6 - currently used for agricultural purposes. Planner Skelton stated that various staff members have reviewed this application; and the comments received pertained to access and traffic; sewer, water and storm drainage; and public services. He then stated that this application was reviewed in light of the eight goals and twelve .policies set forth in Commission Resolution No. 2716, and the staff responses have been provided in the staff report. The Planner highlighted the staff's comments. He noted that the subject parcel is located outside city limits; however, it lies within a large area that is almost surrounded by the city, thus creating a large void within the general boundaries of the city. He then stated that under this application, the applicant proposes to annex the property, then following the appropriate planning and zoning steps to provide for the development of 80 affordable living units in twenty four-plexes. He then cautioned the Commission that this intent may not be considered in its decision on the annexation request; however, it does provide some insight into the proposal. He also noted that under a medium-density residential zoning designation, a density of 150 to 270 dwelling units could be realized. . The Planner noted that primary access to this site would be from West Babcock Street, which is a sub-standard street; and its intersection with West Main Street does not function well. He noted staff has recommended that if this parcel is annexed, the appropriate documents should be executed to ensure the applicant's participation in improvements to West Babcock Street and signalization at the intersection of West Babcock and West Main Streets. He also stated that, because of the size of the parcel, a secondary access to the site is important. Planner Skelton stated that sanitary sewer, water and storm drainage services can be provided to the site; however, the fact that it will be bordered by vacant parcels lying outside city limits could make the extension of services more difficult. He also noted that a payback is involved on the sewer line into which sewer services would be connected. . The Planner stated that Fire Marshal Figgins has expressed concern that annexation of any additional properties could cause response problems for the department, unless another fire sub- station is constructed. He stated that the Police Chief has indicated no problem with extending police services to the area. The Planner then reviewed the staff's responses to the goals and policies for annexation. He noted that, while the parcel is not wholly surrounded by city limits, it does border on one side 08-17-92 . , , . , f - 7 - . and lies within a void in the city limits. He also noted that the property lies within the urban service area boundary. Planner Skelton stated that the subject parcel is not identified in the 1990 Bozeman Area Master Plan Update since it lies within County Zoning District NO.1. He noted, therefore, that the .apPlicant must seek a master plan amendment for the parcel prior to finalization of the annexation process, followed by the appropriate zoning designation process. He stated the applicant has indicated his intention to complete development of the site within eight years. He then summarized the staff's responses, suggesting that this annexation request "does not display the prominent benefits to provide for orderly, well-planned growth of the city limits of Bozeman". He also suggested that the adjacent properties to this parcel be encouraged to annex with this subject parcel. He stated this would allow the application to be more in compliance with the goals and policies, and allow for appropriate extension of infrastructure to the site. Mr. Dan Kamp, architect representing the applicant, provided a quick history of the property. He noted that two parcels are involved, one of which the applicant recently acquired at an auction sale of School District property; and the other subsequently acquired from a private . .property owner. He then reviewed the ownerships of the surrounding properties, noting the parcel immediately to the east is owned by a family who is not interested in annexation at this time, although not opposed to annexation at some time in the future; the next parcel east is inside the city limits and is owned by Mr. Gene Cook, who is currently preparing plans for development; and further to the east is a full-developed mobile home court which is outside the city limits. Mr. Kamp then stated that, while he generally agrees with the comments contained in staff report, he does not agree with the conclusion. He noted that, realistically, the only way to close the gap which exists within the general boundaries of the community is to annex properties when they present themselves. He stated that the applicant has approached the owners of the properties to both the east and the west of his parcel, and neither is interested in annexation at this .time. Mr. Kamp noted that as long as properties along West Babcock Street remain in large, undeveloped parcels, the likelihood of creating an SID for improvement to West Babcock Street in small, because of the costs that those parcels would incur. He suggested that to allow for dividing of those parcels and their development could result in a better opportunity for realizing the needed improvements to the roadway. 08-17-92 - . ___....__.___.__..___._n .____.____.. -.. ------- . , . . , - 8 - . Mr. Kamp stated that the storm water drainage from the detention pond at Main Mall is accomplished through two stream corridors which traverse the subject property. He noted the applicant's intent to create a residential development which utilizes and enhances those corridors. Mr. Kamp then noted that water and sewer services could easily and logically be extended .to this parcel. He stated that development of a second access to the parcel could, however, be more difficult given the fact that the parcels on either side are not annexed and the substantial amount of development that exists along West Main Street. Mr. Kamp stated that the applicant is willing to participate in the improvement of West Babcock Street and signalization of its intersection with West Main Street, and is also willing to follow the master plan amendment and zone map change procedures. Mr. Dan Kamp noted that since this property lies within the general boundaries of the city, it should not have a significant impact on fire services. He further noted that a new sub-station is currently being considered on North 19th Avenue, which could service this area easily. He noted that the efficiencies of providing other services to this area, rather than those on the very perimeter of the city, should also be considered when reviewing this application. . Responding to Commissioner Stiff, Planner Skelton stated that under the existing RR zoning designation, the parcel could be developed in half-acre lots, so 26 single-family structures could be constructed. He then noted that the applicant has proposed, in conjunction with this annexation request, to construct 80 residential units, although the proposed zoning could allow substantially more. He stated this could result in substantially greater traffic impacts on West Babcock Street. Commissioner Vincent noted it is apparent that, to adequately address traffic issues and a second access, the properties on both sides would need to be annexed to the city. He noted that at the present time it appears that those annexations could be quite some time into the future. The Associate Planner concurred. He then noted that when the Valley Unit Subdivision . was annexed, it was anticipated that West Babcock Street would be improved within two years. He also noted the vehicular/bicycle/pedestrian conflicts that occur on that roadway, which is sub- standard for the load it carries. He also noted that it is listed as an arterial in the transportation plan update. The Planner suggested that the City may need to consider a more aggressive alternative than SID's for improvement of that roadway. Commissioner Vincent suggested that, given the apparent attitude of the adjoining 08-17-92 . . . - 9 - . property owners regarding annexation, it does not seem fair to tie this parcel to those parcels. Commissioner Knapp reminded the Commission that their primary job is to protect the health, safety and welfare of the residents of the community. She noted that when considering the traffic impacts that this parcel could create, this annexation request does not seem to address . the issue of protecting the public safety. City Manager Wysocki requested that the Commission review the goals and policies which it has established for consideration of annexation requests, noting that the current ones should possibly be amended. He also reminded the Commission that during review of the master plan update, it was determined that annexation of the parcels in this area was desirable, since this represents a void in the general city limits. The City Manager then noted that other annexation requests in this general area are being contemplated at this time; and he feels that the policy issues should be addressed as quickly as possible. He then suggested that they consider setting a work session for 2:00 p.m. next Monday; the Commission concurred. Planner Skelton suggested that the Commission consider all of County Zoning District No. .1 at that time as well. Responding to Mayor Swanson, the Planner stated that the City has several waivers of right to protest the creation of an SID for improvements to West Babcock Street because of new developments; however, he stated they do not represent anywhere near the 51 percent required for creation of a district. He noted that the original Valley Unit Subdivision was not required to submit a waiver, although the new subdivisions within it have been required to do so. Planning Director Epple stated that the Department of Health and Environmental Sciences would require that this parcel be on City water and sewer services before it could be subdivided. Mr. Mike McKenna, McKenna Realty and Insurance, stated that annexation of the 10-acre parcel to the east is not practical at this time. He stated that, while the current owners are not . opposed to annexation, they intend to leave the property to their children and let them make that decision. Mr. McKenna then noted that at this time, the community is realizing a pretty severe inventory crisis on housing, especially in the moderate price range and for the elderly. Mayor Swanson asked that the decision on this annexation request be deferred until after a decision has been made on the City's annexation policy. 08-17-92 -~. .--. -- .-- . . . . . - 10 - . Reauest for Dermission to tie onto City sewer service by AI T. and Virginia Matheson. 1503 West Durston Road The City Manager noted that included in the Commissioners' packets was a memo from Director of Public Service Forbes, dated August 11, along with a copy of the letter of request from the Mathesons, dated July 28, and an excerpt from the Bozeman Municipal Code. . Director of Public Service Phi" Forbes reviewed his memo, noting that the property at 1503 West Durston Road is outside city limits. He then noted the Mathesons are requesting that they be tied to the City's sewer system without being required to sign a waiver of protest to annexation, as required in Section 13.32.040 of the Bozeman Municipal Code. The Director stated that when Durston Road was overlayed in 1990, Mr. and Mrs. Matheson requested that the water and sewer services be stubbed to the edge of the roadway, so that if they sought future tie on to those services, it would not require cutting the pavement. Director Forbes stated the subject parcel is on the eastern edge of the plume from the Bozeman Solvent Site, as it is known today. He noted that those properties in the plume are being encouraged to tie onto the City's water service; however, the Mathesons have requested sewer service also. . The Director requested that the Commission provide direction on how to proceed with this request. He then stated he cannot support a perpetual waiver of annexation; however, he suggested a five-year waiver of annexation. He noted that the City has offered water service to those in the plume with an offer to waive the requirement for annexation as a part of requirements; and it appears that the Mathesons are seeking the same consideration for the sewer service as well. Mrs. Virginia Matheson verified Mr. Forbes' synopsis of the request, noting she is not interested in the five-year option suggested in his memo. Responding to Mayor Swanson, the Director stated that five residences in the Bozeman Solvent Site plume have been identified as being immediately adjacent to City water mains without being tied to the water service. He noted that letters have been sent to those residents offering .them the option to tie onto the City water supply, indicating that the requirement for annexation could be waived in this instance, while they own the property. He stated that, to date, none of the five has responded affirmatively. Commissioner Knapp noted the applicant has indicated a desire to have the same conditions apply to both water and sewer service connections. She then noted the option of not 08-17-92 . . . . - 11 - . requiring a waiver as long as the property is in the same ownership, rather than in perpetuity. She noted an interest in tying the properties to both water and sewer; however, she does not feel that doing so without requiring annexation in perpetuity is appropriate. Commissioner Vincent stated support for Commissioner Knapp's proposal. He then asked .for, and received, assurance that current ownership means only for the current residents, not including when the property becomes owned by the children. Responding to questions from the Commission, Mrs. Matheson indicated she and Mr. Matheson are the owners of the property. City Attorney Luwe indicated that if the Commission approves this connection to City sewer, he will bring back an ordinance which will allow for such exceptions. He also indicated he will prepare the necessary documents for the Mathesons' execution. It was moved by Commissioner Knapp, seconded by Commissioner Stiff, that the Commission authorize and direct staff to prepare the necessary documents to allow Mr. and Mrs. AI Matheson to connect to City sewer service, without the requirement to annex the subject property while in current ownership only. The motion carried by the following Aye and No vote: .those voting Aye being Commissioner Knapp, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Page 6 of the master plan for Bogert Park, which was missing from last week's packet. (2) Water use report for the week ending August 13. The City Manager noted that this report includes comparative data from the past two .vears. (3) Copy of the notice recently published in the newspaper setting forth the new requirements for acceptance of white goods at the landfill. (4) Copy of a letter from Mr. Len Albright, President of the Gallatin Valley softball Association, dated August 11, thanking various City staff members for their support of activities at the Recreation Complex. 08-17-92 . --..---- . . . , - 12 - (5) Copy of a letter from George N. Havens, 6560 Tepee Ridge Road, dated August 10, regarding the Wal-Mart proposal. (6) Letter from Les and Mary Fogle, 319 North Broadway Avenue, dated July 28, regarding trucks on Broadway. . (7) Letter from Laura Apperson, 226 North Broadway Avenue, regarding traffic on Broadway. (8) Letter from Katie Bridgewater, 221 North Broadway Avenue, stating opposition to widening of Broadway and its use as a truck route. (9) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, August 18, in the Commission Room. (10) Copies of the certifications recently received from the State of Montana Department of Health and Environmental Sciences for the Bogert Pool and the Swim Center, including the hot tub. (11 ) Agenda for the Highway Commission meeting to be held on Thursday, August 20. . (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 18, at the Carnegie Building. ( 13) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, August 18, at the Carnegie Building. (14) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, August 18, along with daily minutes for the week of August 3, 1992. ( 15) The City Manager submitted his weekly report, as follows. (1) Met with representatives from HRDC this past week regarding a possible housing project off West Babcock Street, possibly through the use of CDBG monies. He noted that this project would require annexation by the City, since the parcel under consideration is currently outside city limits. (2) . Auended the Interagency Breakfast, at which topics of discussion included the GDC, school activities, MSU activities, road construction schedules and pathways. (3) Noted that Street Department crews are striping crosswalks and maintaining traffic signals in preparation for school; and the Police Department will enhance its enforcement around the schools. (4) Met with representatives from FEMA regarding a possible 5 percent reduction in insurance rates, if the City meets certain requirements. (5) Announced he will attend an MMIA meeting on Thursday and a 08-17-92 --.- .-. -....--........ .... .__...__n_ - . . , - 13 - loss control workshop on Friday. He stated that since the loss control workshop pertains to police policy, the Chief and Assistant will also attend. (6) Noted that staff will open bids on construction of the extension of Kagy Boulevard tomorrow at 2:00 p.m. (7) Reminded the Commission that the signs for the neighborhood parking district will be posted on West Dickerson Street between .south 8th Avenue and South 9th Avenue between the hours of 10:00 a.m. and 3:00 p.m., for Commissioner viewing. ( 16) Commissioner Vincent stated that he participated in the centennial activities for the Fish Technology Center over the weekend. ( 17) Commissioner Stiff forwarded Vivian's (his wife) and his appreciation to the City and many of the City employees for their various forms of condolence last week, due to the loss of their son. ( 18) City Attorney Luwe stated he plans to attend the loss control workshop in Helena on Friday. (19) Mayor Swanson submitted the following. (1) Attended the Board of Health meeting on Wednesday morning, at which a presentation was given on well head protection. (2) .Attended the Interagency Breakfast, which has been highlighted by the City Manager. (3) Expressed concern about the article in yesterday's edition of the Bozeman Daily Chronicle which projects a "Belgrade versus Bozeman" attitude. He stated this is disheartening because of the careful efforts which have been made to ensure a healthy economy for both communities. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Recreation and Parks Advisory Board recommendation re Chris Bovd's reauest for authorization to imDrove sDecified trails through use of Montana Conservation CorDs Drogram Authorize City Manaaer to sign contract amendment for Parks Master Plan for Dick Pohl and add $1.250 and extend date to December 31 Authorize Gretchen RUDD. POST Committee. to attend National Trails . SymDosium in Missoula; authorize eXDenditure of $50 from City Commission budaet unit Buildina InsDaction Division ReDort for July 1992 Claims It was moved by Commissioner Stiff, seconded by Commissioner Vincent, 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 08-17-92 -. __.._.. _.._.n........ . . . - 14 - voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Recess - 5: 16 D.m. . Mayor Swanson declared a recess at 5: 16 p.m., to reconvene at 7:00 p.m., for the purpose 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. Public hearina - Commission Resolution No. 2870 - intent to vacate and abandon the north/south allev between Lots 1 through 20. Block C. Alderson's Addition This was the time and place set for the public hearing on Commission Resolution No. 2870, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 2872 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THE NORTH/SOUTH ALLEY LYING BETWEEN LOTS 1 THROUGH 20, BLOCK C, ALDERSON'S ADDITION TO THE CITY OF BOZEMAN, MONTANA. Mayor Swanson opened the public hearing. City Manager Wysocki stated this subject alley right-of-way is located under the Emerson School, which is located on South Grand Avenue between West Babcock Street and West Olive Street. He noted that School District NO.7 is in the process of selling this property to the Emerson Cultural Center; and a title search has revealed that this alley has not been vacated to date. He stated that if the City completes this vacation process, it will eliminate that problem. No one was present to speak in support of or in opposition to the proposed alley .vacation. 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 being Commissioner Vincent, Commissioner Knapp, Commissioner Stiff and Mayor Swanson; those voting No, none. 08-17-92 ___...___...., __._._ ____._____ ._.n , , - 15 - Mayor Swanson closed the public hearing. It was moved by Commissioner Knapp, seconded by Commissioner Stiff, that the Commission authorize and direct staff to prepare the ordinance for vacation of this alley and bring it back for Commission action as soon as possible. The motion carried by the following Aye and eNO vote: those voting Aye being Commissioner Knapp, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Public hearina - Conditional Use Permit - Dr. Sue Barrows. Bird and Small Animal Medical Center I to allow re-use of existina structure on a Dart of Lot 12 and Lots 13-16. Block 9. Springbrook Addition. as veterinary clinic (216 North 8th Avenue) This was the time and place set for the public hearing on the Conditional Use Permit requested by Dr. Sue Barrows for a Bird and Small Animal Medical Center to allow re-use of the existing structure on a part of Lot 12 and Lots 13-16 of Block 9 in Spring Brook Addition. The subject site is more commonly known as 216 North 8th Avenue. The City Manager stated that the public hearing before the Planning Board was continued, and recommended that this public hearing be continued to September 9, to provide the eBoard an opportunity to forward its recommendation. Mayor Swanson opened and continued the public hearing to 7:00 p.m. on Wednesday, September 9. Public hearing on the variances to Sections 18.50.060.C.. 18.28.050. 18.50.060.A. and 18.50.100.C. - Brit Miller for Blue Basket Market - Lot 1. Block 3. Walker ProDerty Subdivision ( 1 035 Reeves Road West) This was the time and place set for the public hearing on variances to Sections 18.50.060.C., 18.28.050, 18.50.060.A. and 18.50.1 OO.C. of the zone code, as requested by Brit Miller for the Blue Basket Market, under Application No. C-9215, for lot 1, Block 3, Walker Property Subdivision. The subject site is more commonly known as 1035 Reeves Road West. e Mayor Swanson opened the public hearing. Associate Planner Kevin Wall presented the staff report. He stated the applicant is seeking five variances from the requirements of the underlying zoning, as follows: 1. From Section 18.50.060.C., to allow the driving/parking area to encroach 22 feet into the required 25-foot corner side yard on the south; 2. From Section 18.50.060.C., to allow the driving/parking area to 08-17-92 , , - 16 - encroach 21 feet into the required 25-foot corner side yard on the north; 3. From Section 18.50.060.A., to allow a gas pump island canopy to encroach 5 feet into the required 20-foot yard setback for a permitted encroachment; 4. From Section 18.28.050, to allow the driving/parking area to . encroach 22 feet into the required 25-foot front yard setback on the east; and 5. From Section 18.50.110.C., to allow 40-foot-wide curb cuts rather than the maximum 35-foot width. The Associate Planner noted that the subject site has four street frontages and, therefore, four 25-foot setback requirements. He stated that these setback requirements encompass 53 percent of the lot. The Planner then reminded the Commission that the subject site is located on Springhill Road, just north of its junction with U.S. Highway 10, on what has been recently subdivided into the Walker Property Subdivision. He reviewed the surrounding land uses, which include Cashman Nursery to the west, the Waste Water Treatment Plant to the northwest, some single-family residential development and some vacant land. He noted that the right-of-way for the interchange ~Ioop road for the new interchange is adjacent to the north boundary of this subject parcel. .,., Planner Wall stated that staff has reviewed this application in light of the three criteria which have been established by the Supreme Court; and those findings have been included in the written staff report. He stated that staff has determined that the requested variance to the curb cut variance is the only one which meets the first and third criteria; and none of them meet the second. He noted the importance of ensuring that the setbacks are met, or more closely met, so that adequate buffering and landscaping can be provided. He also suggested that by downscaling the project, the applicant could create a site plan which would more closely meet the City's zoning regulations. Associate Planner Wall then forwarded the staff's recommendation for denial of these .ive requested variances. He suggested an alternative would be to bring the project within 20 percent of compliance with the setback requirements, seeking deviations for those items which are not in compliance. He also noted that the curb cut issue could be addressed by the Director of Public Service through a deviation to the access standards. Mr. Jim Coons, Collaborative Design Architects, Billings, Montana, indicated he is representing the applicant. He presented a reality drawing of the site, noting the proposed building 08-17-92 --...-- ----------.--- ___ ..._______..._. n. , , - 17 - is approximately 2900 square feet. He stated that Mr. Miller has been negotiating on this lot since October; and during that time, the size and configuration of the lot has changed five times because the exact location of the crossroad has not yet been established. He stated that Mr. Miller desires this lot because it is a prime location for attracting vehicles on the off ramp. He also noted an . interest in placing as large a project as possible on this lot. Mr. Coons suggested that, given the green belts which are created by the right-of-way along both the crossroad and Springhill Road, he feels that these requested encroachments are appropriate and do not visually impact the area. He noted that the plan which has been forwarded is desirable because it optimizes circulation and provides adequate maneuvering space for both delivery trucks and customers, many of whom may be driving large recreational vehicles and towing smaller vehicles. Mr. Coons acknowledged that this project could be scaled back to a 1700-square-foot building with an island with only two gas dispensers and made to fit the site without encroachment. He noted, however, that he feels that the openness to create easy maneuverability and the size needed to provide adequate services to the traveling public are important issues which a must also be considered. ,., Mr. Coons noted concern that the setbacks render 53 percent of this site unusable for development. He also noted that with the 26-foot-wide streets in the subdivision, wider curb cuts are needed to accommodate the larger vehicles. Mr. Jim Coons then showed the Commission a rendering of the exterior of the building. He stated the original building design which was submitted to the Design Review Board received a negative review; and the new building design complies with their requirements. He noted the exterior will be masonry with dry-vit and wood appearing materials. He also noted that the building is in compliance with the covenants and design requirements for this planned unit development. Mr. Brit Miller, applicant, indicated that Mr. Coon has presented all of the information, . noting a willingness to respond to questions. Responding to Mayor Swanson, Planner Wall acknowledged that having 53 percent of the lot in setbacks is unusual, estimating that a typical lot may have 20 to 25 percent impacted by setbacks. Commissioner Vincent asked for a review of where the encroachments occur, asking if shifting of the entire development to the north edge of the lot would eliminate the other 08-17-92 ---..--..--. . . , . - 18 - encroachments. Mr. Coon showed where the requested encroachments exist, noting that a shift to the north property line, along with compressing some of the spaces in the center of the plan could alleviate the other encroachments. He then stated that one of the applicant's desires, however, . was to provide adequate space on site for stacking of vehicles, since it is anticipated this site will attract substantial traffic from both the Springhill area and the interstate. Commissioner Knapp noted that during review of the planned unit development, she recalls discussions about the importance of maintaining this as a neighborhood commercial development. She noted that this plan proposed to expand use of the planned unit development to the traveling public, including large recreational vehicles. Planning Director Epple responded that, while that issue was thoroughly discussed, it was also recognized that one business to locate in this development would likely be a convenience store with gas pumps, which would attract traffic off the interchange. He then stated that he does not feel that the proposed building is out of scale with what is anticipated for this development. Responding to the City Manager, Mr. Coon stated that the cross road for the . interchange is essentially at ground level across the majority of the lot, beginning a sharp rise close to the east edge of the lot. No one was present to speak in support of or in opposition to these requested variances. City Manager Wysocki entered into the record a letter of support from Mrs. Beatrice Taylor, dated August 12. 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 and Mayor Swanson; those voting No, none. . Mayor Swanson closed the public hearing. A decision will be forthcoming at next week's meeting. Public hearina - Conditional Use Permit - Bozeman Shelter Care. Inc.. - allow ODeration of youth grouD home in existing house on Lot 1. Block 7. Figgins Addition NO.4 (3025 Westridae Drive) This was the time and place set for the public hearing on a Conditional Use Permit, as 08-17-92 ---.-- .-.--.......--...-...- . , . - 19 - requested by Bozeman Shelter Care, Inc., under Application No. Z-9289, to allow operation of a youth group home in an existing house on Lot 1, Block 7, Figgins Addition No.4. The subject site is more commonly known as 3025 Westridge Drive. Mayor Swanson opened the public hearing. . Planning Director Andy Epple presented the staff report. He noted the subject parcel is located in the extreme southwest corner of Figgins Addition, at the intersection of Westridge Drive and South Third Avenue. He stated that surrounding land uses include single-family residential and vacant land. The Planning Director stated that this application is to allow a youth group home in an R-2, Residentialnsingle-family, medium-density, zone. He noted that under the City's zone code, group homes are allowed as a conditional use in this zone. He then stated that the Legislature has adopted legislation in past years which allows youth care facilities in single-family residential zoning districts; and Supreme Court rulings have been made in essentially the same light. He noted that these actions do allow for a municipality to consider an application for a youth group home under the conditional use process, thus allowing conditions to ensure its compatibility with the area. . The Director stated that under the statutory definition of a group home, up to twelve children may be served at one time; however, the Bozeman Shelter Care facility is licensed by the State to accommodate a maximum of ten children. Planning Director Epple stated that the purpose of this conditional use process has been questioned by some of the residents in the Figgins Addition, with many of them feeling that it is a "done deal"; and this process is simply a waste of time. The Planning Director stated that in a group home, one staff member is required for every eight children; therefore, one or two staff members will be with the children at all times. He noted that a minimum square footage of space is required per resident, for both living and playing; and it appears the subject property is adequate for up to ten children. He noted that to increase .the number of children housed by the Bozeman Shelter Care will require licensing by the State. Planning Director Epple stated that the Bozeman Shelter Care has operated its facility at 1405 Bridger Drive since 1985; and conversations with residents of that area have revealed minimal, if any, impact on the neighborhood. He also noted that police officers have indicated no significant problems at the current location; and they don't anticipate any problems at the new location. 08-17-92 ---.-.--- . . - 20 - The Planning Director stated no major exterior modifications to the structure are proposed. He noted that there is evidence that a basement rental has occurred on the site; and interior renovation will result in the removal of the apartment characteristics. The Planning Director then stated that at its July 21 meeting, the Development Review .committee discussed this application, with minimal comment being made. He noted that the applicable building and fire codes must be met; and the next agenda item addresses the issue of additional on-site parking. The Director then noted that at its August 4 meeting, the City-County Planning Board conducted its public hearing on this application. He noted that this application was reviewed in light of the six criteria set forth in the zone code, and was determined to be in general compliance. He then stated that, as a result of that review and public testimony received, the Board has forwarded a recommendation for approval, subject to fifteen conditions. Responding to Commissioner Vincent, City Attorney Luwe stated that the Supreme Court rulings have dictated that group homes, youth group homes and community residential facilities may locate in a single-family residential area. He noted, therefore, the issue before the .commission is not whether to approve or deny, but rather what conditions need to be attached to approval. Mr. Ted Huber, Director of Bozeman Shelter Care, Inc., stated this is a non-profit organization. He then reviewed the current members on the Board of Directors, and their backgrounds, noting that they set the policies and rules and regulations for operation of the facility. He then highlighted the format in which their presentation is to be made. Mr. Lowell Springer, architect, showed the Commission drawings ofthe house and how it will be renovated to meet the needs of this home. He stated that the existing structure meets or exceeds all of the setback requirements; and the landscaping is very adequate. He then stated that structural changes made will be limited to those necessary to meet the needs of the new use .and to meet code requirements. He stated that one of those changes will be to add a vestibule to the east entrance to the house, which will serve both as a retrofit to the existing door and to house a direct access from the basement, which is a code requirement. He also noted that this modification will allow the home to maintain one controlled access point, rather than monitoring a second direct access on the front of the home. Mr. Springer then stated that the applicant has read, and agreed to, all of the 08-17-92 ----.--.-- ... ____________..._.._.__u ,...,.____ -~~.._. . -=--_. ---..-- ..--.-. ------...-.-... . . , - 21 - . conditions recommended by the City-County Planning Board. Mr. Ted Huber stated his responsibilities as Director include oversight of the day-to-day operations of the facility, and the staff of eight, most of whom are working on degrees in human services or who have such degrees. He noted that he also monitors the budget, which includes . outside funding of approximately $114,000 each year, to ensure adequate funds are available and the needs are being met. He stated that the children served by the facility are referred by the Department of Family Services or the Youth Court system; and they are "neglected, abused or otherwise thrown away". He stated this facility provides a safe, loving and caring environment while they await placement in a foster home or other permanent arrangements are made. He stated that they are licensed to accept children from 0 to 18 years of age; and the average age of their clients is 14 years old. He noted that the population does fluctuate on a daily basis, typically running between six and ten children. Mr. Huber stated that the program was started in 1985, with changes in today's program structure being made in 1989 and 1990. He stated this a short-term shelter care, with a 30-day limit on a child's stay. He noted that this can be extended by 15 days, upon written -~permission by the Board of Directors and the Department of Family Services. -.,.., Mr. Huber then emphasized that the children taken in are abused and neglected; and violent offenders are not accepted. He also emphasized the fact that the children will be under full- time supervision when in the home, although they are allowed to continue working if they have jobs. Also, the children are required to continue in their regular schools if possible, or are transferred to another school if from a different area. He stated the facility is supervised 24 hours a day, including someone being awake during the night. He also stated that children at the facility are not allowed to have vehicles while under their control. Mr. Huber stated that they are moving their facility because of lack of space in the Bridger Drive home, which is a rented house. He then stated his commitment to improving the . exterior appearance of the home on Westridge Drive, noting they are also concerned about property values. He also noted that, since the children are not allowed to have vehicles, traffic impacts should be decreased. Mr. Bruce Gerlach, President of the Board of Directors, stated that the facility has been a good neighbor to the residents on Bridger Drive; and they are committed to being a good neighbor in Figgins Addition. He noted that the residents of Figgins Addition have asked that a 08-17-92 --..-..--...--.. ---- ---.--.-.--- . ., , . - 22 - , representative from their neighborhood be appointed to the Board as a way of maintaining communications between the parties. He stated that there currently is an opening on the Board; and they have authorized him to extend an invitation to residents of Figgins Addition to forward applications to Mr. Huber for that position. He noted the Board will then complete its review .process and appoint a new member to the Board. Ms. Jennifer Bordy, member of the Board of Directors, stated that one of the benefits the residents of Figgins will realize is that the existing property will be cleaned up and the exterior maintained in a nicer fashion than in the past. She noted that with the current configuration of the house, it can accommodate eight to nine adults, typically with cars; and the shelter care facility will drastically reduce the number of cars on the site. She stated that, typically, three vehicles will be parked at the site at anyone time, plus an occasional additional vehicle. Ms. Bordy then addressed the public interest element of this program, noting it provides a safe environment for abused, neglected and dependent children, often from broken homes, on a temporary basis. She also noted the importance of providing a family type setting, which can be accomplished in a residential neighborhood but not in a downtown location. a Ms. Bordy then clarified the applicant's exception to one of the conditions ......... recommended by the Planning Board. She requested that, rather than being required to install the sidewalk immediately, this parcel be placed on the sidewalk installation schedule with the rest of that street, which is presently scheduled for next summer. Responding to Commissioner Knapp, Ms. Bordy stated that since this is a non-profit organization, this home will be removed from the tax rolls. She noted that, since the deadline for applications for tax exempt status is March, this may not occur until next year. Responding to Mayor Swanson, Mr. Huber stated they accept children from Bozeman, the surrounding area, and outside the county. He then stated he does not have any percentage breakdowns on those residencies. . months. Mr. Ken Rose, 1410 West Babcock Street, stated he has lived in Bozeman for six He stated he has been a therapist and is concerned about the types of children who would be serviced by the shelter care facility. He noted that one of his friends has adopted nineteen severely abused children; and they have been very welcomed, after a period of time, in every community in which they have lived. He then stated that they have brought one of those children to live with them in Bozeman. 08-17-92 ---- . , < , - 23 - . Mrs. Faith Rose, 1410 West Babcock Street, noted the importance of the love and support that a shelter care facility can provide. She expressed concern that the people in Figgins Addition have raised concern about their property values, noting that the precious lives of the juveniles should be more important. She then encouraged Commission approval of this application. . Ms. Maria Fisher, 1017 East Main Street, stated that Bozeman is a healthy place in which to live. She then expressed concern that the residents in the Figgins Addition seem to be more concerned about their property values than human welfare. She noted that, because of their attitude, these people may realize, through their own actions, the things they most fear. Ms. Norene LeMieux, Director of the Gallatin and Park Counties youth guidance home, located near Hyalite Road, noted the facility located there approximately seven years ago. She stated that, although they were not immediately accepted, they now have been. She then encouraged approval of this application. Mr. Rodney Fulton, 3010 Westridge Drive, stated he has a masters degree in counseling. He stated his support for the concept of youth group homes, but against this application. He expressed concern about the manner in which the applicant has proceeded to date, .a noting that more communication with the neighborhood should have taken place before this public ..,., hearing. He noted that, while the application filed is truthful, it doesn't tell the whole truth. He also noted that the off-street parking issue was not resolved until after public testimony was forwarded at the public hearing before the Planning Board; and he is concerned there may be other issues which are slipping through because they have not been adequately addressed. Mr. Fulton noted that, while the Planning Board was conducting its public hearing on August 4 on this item, an incident report was being filed with the Police Department. He noted that to deny that problems occur at the facility is unrealistic; and he feels that a mechanism should be established so that the neighborhood and the community can adequately deal with them. He then stated that he has requested that a position on the shelter care's Board of Directors be .inCIUded for a representative from the Figgins Addition as a condition for approval of this application; however, it has not yet been included. Mr. Fulton stated he has lived at this location for less than a month. He then suggested that the applicant be required to go back to the beginning of the process, requiring them to meet with the neighborhood as the first step, to ensure adequate public input into the process. Mr. Fulton noted the applicant has indicated that the type of facility being operated has 08-17-92 . . . , - 24- changed twice since 1985, suggesting that this may make some of the figures submitted rather misleading. Ms. Kathy Huttinga, resident of Figgins Addition, suggested that the shelter care facility should be located on a farm rather than in a suburban residential area. She noted the .healing power that animals can have on humans, noting also that the children could be given chores which would occupy some of their time. She then questioned the time limit for housing a child which has been forwarded by the applicant, suggesting some residents may have been in the shelter care home for six to eight months. She also asked about the safety of other children in the neighborhood. She also asked about any stabbings, attempted suicides or escapes involving the current facility. Ms. Daphne Gillam asked if the children in the shelter care are allowed to play with children from the neighborhood or otherwise interact. Mr. Russ Nelson, 615 Fieldstone Drive, asked someone from the Board of Directors to describe an undesirable behavior that has occurred. Mr. Sam Gesko, resident of the area, asked if a man and wife serve as supervisors in -.the shelter care, to help promote the family atmosphere that has been discussed. Mr. Rex Dahl, 516 Arnold Street, asked what the Commission's perception and ideas are for the future of Figgins, in light of the recently approved condominium development on the north end of the subdivision and this group home on the south end. He then recognized the community's social responsibility to these individuals, noting he has no qualms about the group home locating here if that is what is determined desirable. Mr. Dave Lageson, 2916 Westridge Drive, suggested neighborhood participation in operation of the shelter care facility. He then expressed concern that, while he lives only a few houses from the subject site, he has received no information on this proposal. Ms. Mary Lee, 3010 Healy, stated she has two young children; and she is concerned . about their exposure to the children in the shelter care. She noted that she was abused for eight years, and was never taken from that home situation. She then suggested that children should be protected from the issues with which shelter care residents are coping, and the bad impressions that they may make on others. Mrs. Susan Nelson, 615 Fieldstone Drive, stated she has serious concern about the appropriateness of such a facility so close to an elementary school, especially when the typical 08-17-92 . . . . . - 25 - , . residents are older. Ms. Diane Lageson, 2916 Westridge Drive, noted the subject house has always been rented out, illegally. She then questioned whether this home would have been suitable for this type of use if it had not been illegally used in the past. ~ Mayor Swanson asked the applicants to respond to the several questions raised during - ~ this hearing. Mr. Bruce Gerlach stated that if this were a start-up organization, he feels a neighborhood advisory committee would be very helpful. He noted, however, that it has been in existence for several years, and now has its own established by-laws, pOlicies and procedures that have been tested over time. He then reiterated his invitation for residents of Figgins Addition to apply for the current opening on the Board of Directors. Mr. Ted Huber reiterated that residents remain at this facility no more than 30 or 45 days; and they are supervised on a 24-hour basis. He noted that the supervisors are not husband and wife, but are typically college students. He then described the alarm system which is in place at the house on Bridger Drive, and which will be moved to the new location. He stated that this ........ helps to detect when someone attempts to open a door or window. He also noted that the meals ~ served must be in compliance with the Office of Public Instruction regulations. Mr. Huber then stated that the children at the Bozeman Shelter Care will not be allowed to freely play with children in the neighborhood, but will be under constant supervision, as previously noted. Mr. Huber stated he has been Director of this facility since June 10. He noted the previous reference to an attempted suicide and a stabbing, noting that facility records do not make any reference to this type of activity, and he has no knowledge of such incidents. Ms. Jennifer Bordy acknowledged that in the past, some children were kept more than 45 days. She noted, however, that the Board is better informed on the length of time that children . are at the facility; and the Department of Family Services is attempting to arrange for foster homes in a more timely manner. She stated that, while some children have threatened suicide, she knows of no actual attempts. Mr. Bordy once again characterized the children as being abused or neglected, and in need of a loving atmosphere that will enable them to deal with life rather than being shunned. She also noted that the shelter has been changing its policies slowly over time, so that it no longer 08-17-92 . . . , . - 26 - . accepts the violent children that it once did. At the Mayor's request, Mr. Huber expanded on how children get to and from school or work, which is essentially by bicycle or being transported by a supervisor in a vehicle. He also noted the possibility of those students in junior high and high school being transported on the bus. . Further responding to the Mayor, Mr. Huber stated he had no idea what type of process would be required for relocation of the facility. He then stated that he has spoken with residents around the Bridger Drive facility and with the realtor through whom they purchased the property. He noted that some effort has been made to talk to people near the house about this use; and he has made himself available for telephone calls to discuss the issue. Commissioner Vincent stated that he is an advocate for these abused and neglected children, noting that he has taken steps to accommodate them in his 21 years of teaching. He then noted that he served in the Legislature during the time that legislation was passed dealing with group homes, sponsoring or co-sponsoring much of that legislation. He noted that the advocates of this legislation indicated that it is a fundamental law to work with the community and the neighborhood when considering the purchase of a home, to ensure better acceptance. He stated .that step seems to be missing from this process; and it would have helped tremendously. He noted his confidence that this home will become accepted, given time; but the process could have been enhanced. Commissioner Vincent then stated that he feels establishing a neighborhood advisory committee could be very helpful, and would provide a mechanism for networking and a recognized communication link between Bozeman Shelter Care, Inc., and the neighborhood. He then stated he does not believe that the Commission has the authority to require that a position on the Board be established for a neighborhood representative as a condition of approval, although he feels they should be encouraged to do so. City Manager Wysocki submitted the following written testimony to the Commission: .Ietter of support from K. Jim Gilbert, 410 Morrow; notes on telephone calls of support from Ann Buckner, 2409 Westridge, and Vicky Whitney, 421 Cutting; letter of support from Sue Hudak, 410 Westridge; letter of concern/opposition from Rodney D. Fulton, 3010 Westridge Drive; letter of opposition from Lester A. Kish, 3017 Westridge; and letter of opposition from Michael J. Halat, 2906 Langohr. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the 08-17-92 ----..--.. -.---- . . . . - 27 - . public hearing be closed. 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, none. . Mayor Swanson closed the public hearing. A decision will be forthcoming at next ~ week's meeting. -..., Break - 8:55 to 9:05 p.m. Mayor Swanson declared a break from 8:55 p.m. to 9:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing - variance to allow four off-street Darking SDaces instead of required nine Darkina SDaces - Bozeman Shelter Care. Inc. - Lot 1. Block 7. Fiaains Addition No.4 (3025 Westridae Drive ) This was the time and place set for the public hearing on the variance to allow four off- street parking spaces instead of the required nine parking spaces requested by Bozeman Shelter Care, Inc., under Application No. C-9216, on Lot 1, Block 7, Figgins Addition No.4. The subject . site is more commonly located at 3025 Westridge Drive. - .....,. Mayor Swanson opened the public hearing. Planning Director Andy Epple presented the staff report. He stated the subject location is the same as for the previous public hearing. The Planning Director then stated that this application is for a variance to Section 18.50.120.F.1. of the zone code, to allow the applicant to provide only four off-street parking spaces rather than the required nine spaces. He stated that this application has been reviewed in light of the three criteria established by the Montana Supreme Court; and staff has concluded it is in general compliance with those criteria. The Planning Director reminded the Commission that youth group homes are allowed . uses in single-family residential areas, per State statutes and Supreme Court decisions. He also noted the importance of maintaining as much of the residential character as possible for such facilities; and allowing a more typical residential parking area helps to accomplish that. He further noted that with the fact that no residents are allowed to have vehicles and the fact that typically only three vehicles will be parked on the site, the existing four off-street parking spaces should be adequate. 08-17-92 _ om _.___._ .. , . . - 28 - " Planning Director Epple then forwarded the staff's recommendation for approval of this variance, subject to two conditions. Ms. Bordy stated that once the renovation of this structure is complete, it will once again be a single-family residential structure. She stated that the Bozeman Shelter Care has one . van, which will be parked at the facility most of the time. Also. one or two staff members will be on duty at all times; and they typically have vehicles. She stated that this will be a dramatic reduction from the number of vehicles that have been around the house; and removal of the three junk vehicles will also help the appearance of the property. Ms. Bordy also expressed a desire to retain as much of the landscaped yard space as possible, so the children have an area in which to play games with the staff. She then encouraged Commission approval of this application, with the recommended conditions. Mr. Rodney Fulton, 3010 Westridge Drive, stated support for the proposed variance, stating he feels that requiring nine off-street parking spaces is unrealistic. He noted the importance of maintaining the residential character of this parcel, to ensure its continued compatibility with the neighborhood. He also noted that on-street parking is available to all residents of the subdivision. . No one was present to speak in opposition to the requested variance; and no written testimony was received. It was moved by Commissioner Knapp, seconded by Commissioner Stiff, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. A decision will be forthcoming in one week. Public hearing - variances to Section 18.50.160 to allow excansion of existina non-conformina use and not reauire caving or curbing in carking area - Martel Construction - Tract 3. COS No. 236. . 176-acre tract in the SW%. SE % . Section 18. T2S. R6E; and Tract B. Bozeman Creek Annexation (1203 South Church Avenue) . This was the time and place set for the public hearing on variances to Section 18.50.160 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 14, Section 18, Township 2 South, Range 6 East; and Tract B of the 08-17-92 .-- . , . . , ,~ - 29 - " Bozeman Creek Annexation. The subject site is more commonly located at 1203 South Church Avenue. Mayor Swanson opened the public hearing. Associate Planner Arkell presented the staff report. She stated that the applicant is .seeking multiple variances, as follows: 1. From Section 18.50.160, to allow the expansion of a non- conforming use by removing 3,600 square feet in existing structures and adding a 4,800-square-foot shop building, attached to the existing structure, plus a 1,814-square-foot storage building; and 2. From various portions of Section 18.50, to not require the installation of a paved parking area with curbing. Planner Arkell stated that the existing construction business use is a non-conforming use in the R-S, Residential--Suburban, zoning district. She gave a brief history of the parcel, noting that it was annexed in 1974 and given this type of zoning designation under the old zone code. She noted that in October 1980, the Board of Adjustment approved a variance request to expand the non-conforming use by constructing an 18-foot by 32-foot-8-inch addition to the south side of . the main office/shop building. She noted that in October 1991, Mr. Martel purchased the 6-acre parcel known as 1109 South Church Avenue, which is the former Crowell mink farm. She stated that in June 1992, Mr. Martel applied to the Board of Adjustment for a variance to expand his operation, using both sites. She stated that, based on the assumption that the mink farm ceased its operation at the time of sale, staff determined that the mink farm had not operated for more than ninety days, thus its non-conforming status was lost; and expansion onto a newly-acquired parcel was determined inappropriate. She stated that after denial of that application, Mr. Martel filed a new variance application; and that is the application currently before the Commission. Planner Arkell stated that under this variance, expansion of the business would be limited to the east side of the creek on the new six-acre parcel. She then stated that the existing house and shed on the former Crowell property are to remain on the site. She also indicated that, .althou9h the subject property is located inside city limits, water and sewer services are not available. The Associate Planner stated that, in general, the courts have found that non- conforming uses may not be expanded to include property that was not in use at the time of the enactment of the zoning. She also noted that, while an owner may later be authorized to expand 08-17-92 ~ ...--. .-- ..----.- . . . , , - 30- , a non-conforming use to include the whole property rather than a portion, there is "no absolute right to expand the use to the owner's adjoining lots, particularly where those lots were acquired after enactment of the restrictive ordinance". She noted that if it is determined that the variance is the result of a reasonable, natural expansion of the business which is not harmful to the welfare ... of the community, it may be granted. ~ Planner Arkell stated that the Planning staff reviewed this application in light of the three criteria established by the Supreme Court, briefly reviewing the staff findings for each. She noted that the proposed addition to the office/shop building would block any future extension of East Garfield Street between South Rouse Avenue and South Church Avenue. She noted that the City does not have that right-of-way currently; however, she suggested that with improvement of South Church Avenue at some time in the future, it may be appropriate to retain that option. The Planner then stated the courts have generally held that a legal non-conforming use has the right to expand in a reasonable and natural manner as long as it is not contrary to the public interest. She reminded the Commission, however, that this does not mean that expansion onto a newly-acquired parcel is allowed. She stated that under this application, one portion of the shop .~ area is to be removed, with a larger shop to be constructed; and a new storage building is to be .,., added. She noted, however, that this expansion could be accommodated on the original four-acre parcel, rather than the proposed expansion to a portion of the new six-acre parcel. She noted that two options available to Mr. Martel for incorporating the new property would be through a planned unit development or an historic mixed use land designation. Associate Planner Arkell stated that the applicant is also seeking a variance to the paving requirements, based on the fact that to design a paved surface that will not break up under the heavy equipment would be extremely difficult. She noted that a gravel surface would allow for better drainage, while not breaking up under the heavy equipment; and the amount of traffic would be minimal. . The Planner then noted that the intent of the zone code is to discourage the continuation and expansion of non-conforming uses, particularly where detrimental to the public interest. She noted that the requested expansion onto the newly-acquired six-acre parcel would not accomplish that goal. Planner Arkell stated that staff cannot support the requested variances. She noted, however, that if the Commission determines that additional space is needed for the natural, logical 08-17-92 , , . . . - 31 - . expansion of the business, the major site plan process must be completed. The Planner then distributed to the Commission a letter of opposition from Deb Berglund, 803 South Church Avenue. Mr. Richard Andriolo, attorney representing Mr. Martel, noted that eighteen years ago, eMr. Martel's property was annexed to the city with the promise of water and sewer services. and . neither has been provided to date. Mr. Andriolo then read into the record a letter from Mr. Bill Martel, dated June 12, outlining the history of his business and the benefits it has provided the community. He noted the business was founded 32 years ago, and has grown to well over 100 employees, with a 1991 payroll of $2.7 million and sales volume of almost $20 million. He noted the need for expansion of this clean, low-profile industry, in order to remain competitive in today's market. The letter also suggests that if this request is denied, the business will be forced to abandon its existing $750,000 investment and either go out of business or relocate to another community. In the letter, Mr. Martel also cited the numerous contributions which his business, and he personally, have contributed to the community over the years. - Mr. Andriolo stated that Mr. Martel has bent over backward to address citizen concerns .,., in this application. He noted that to retain all of the business on the front portions of these two lots will allow the back portions to remain in a more natural state, where they are visible to surrounding residential development. He also noted the applicant is willing to enhance the natural vegetative buffer which runs along the creek, to ensure that the expanded business does not negatively impact them. He stated the applicant is also willing to provide screening along South Church Avenue, to further enhance the already well maintained grounds. Mr. Andriolo stated that when Mr. Martel purchased the adjacent property, it was used as a mink farm, noting that the construction company is less non-conforming and has a less severe impact on the neighborhood than the mink farm. He then took exception to the Planning staff's e assessment that the mink farm use had ceased upon purchase, and that the non-conforming use had lapsed for more than ninety days. He noted that Mr. Crowell continued to operate his mink farm until April 1, 1992; and Mr. Martel applied for a variance the first time in June, well within the ninety-day limit. Mr. Andriolo then challenged the court cases upon which the staff recommendation has been based, suggested that Lambros versus Missoula and Rygg versus Kalispell are much more 08-17-92 . . , - 32 - - . applicable; and under those cases, the natural expansion of a non-conforming use to an adjacent parcel is allowed. Mr. Dick Andriolo then addressed the requested variance for paving. He stated that the Development Review Committee has considered this request, and feels the applicant has very .valid reasons for not paving the area. He noted that the traffic, which is typically heavy equipment and large trucks, is minimal; therefore, the issue of dust abatement is minor. Mr. Andriolo noted there is a fire hydrant at the south corner of Mr. Martel's property; and he would be willing to provide an easement for placement of another one further north on the property if necessary. He then addresssed the issue of extension of East Garfield Street, noting that no one wants additional traffic on South Church Avenue or South Willson Avenue; therefore, this extension will probably never occur. Mr. Andriolo then stated, for the record, his strong feelings and abhorrence for the fact that Deb Berglund used County Commission stationery upon which to forward her personal opinion to the City Commission. Mr. Jerry Gaston, engineer representing the applicant, stated his disagreement with _ethe staff's assessment that this expansion is greater than 20 percent, given the difference between the square footage of new construction and the square footage of the buildings being removed. Mr. Gaston then addressed the issue of paving the parking area. He noted that the parking area, which would be paved only for dust control, would virtually need to be repaved every five years, because of the break-up caused by the large vehicles. He suggested that, in reality, that probably would not occur. He then noted that the existing parking lot is not paved; and dust control has not been a problem to date. He also noted that to allow the parking area to remain in gravel will provide for natural storm drainage, with the water naturally percolating through the ground. He noted that with paving, storm water detention facilities will be required, to ensure that the water entering the stream is clean. . Mr. Jerry Gaston then showed several slides of the subject property as well as surrounding properties, and a storm drain which dumps directly into the creek at Kagy Boulevard. Commissioner Knapp asked if the traffic impacts on East Garfield Street will change with this proposed expansion. Mr. Andriolo indicated they will not. He noted that Mr. Martel has constructed a private road across his property from the end of East Garfield Street, with a bridge across the creek 08-17-92 , . . . . . - 33 - . ~ Y' and a gate. He noted that approximately half of the employees utilize that access, rather than South Church Avenue; and he does not anticipate that this expansion will change the number of employees accessing the site or their current patterns. He then noted that this private road and gate have been constructed so that the bicycling and walking public may pass through with no . obstacles. Further responding to Commissioner Knapp, Mr. Andriolo reiterated the timeframe involved in Mr. Martel's acquisition of the property and cessation of the mink farm use. He noted that the property was acquired in October 1991, with the stipulation that Mr. Crowell could continue his mink farm on the site. He noted that on April 1, 1992, Mr. Crowell terminated that use and vacated the property; and on April 7, Mr. Martel signed the application for the initial variance. He noted that since the mink farm use ceased, the barn has been removed, and concrete barriers have been installed. Responding to Mayor Swanson, Mr. Andriolo stated the applicant is firmly opposed to the planned unit development process, which is long and involved. He also noted that this option is not feasible, since the property has not yet been provided with the City's water and sewer ~ services. He suggested that in ten to twenty years, after water and sewer have been extended to ...., the site, it might be appropriate to consider that type of process. Mr. Phil Crowell, 1 Gardiner Park Drive, stated the mink farm business was started at that location 45 years ago. He noted their property was annexed in 1974, with the promise that water and sewer services would be provided; and they have not been to date. He then stated that he attempted, repeatedly, to give the City an easement for the extension of East Garfield Street; however, no interest was shown in accepting the offer. He stated that he maintained the mink farm business until March 1992, when he finally made the determination to close it rather than relocating it to Washington. Mr. Crowell then stated support for the requested variances, noting that he feels Mr. . Martel's business is a much better use of the property than the mink farm which he just closed. He noted It is a much cleaner business; and Mr. Martel does a nice job of maintaining his property. Mr. Don Stuek, 2115 Highland Court, stated he is an employee of Martel Construction. He stated this expansion will not increase the amount of traffic to the site. He then stated he has received training in, and worked in, real estate appraisal; and he does not believe that these requested variances would have a negative impact on property values in the area. He further noted 08-17-92 -- -- .n ___.__ ..._.n ------.- . .. . '. . . - 34- ,- ,- Mr. Martel's continued maintenance of his property in an excellent manner. He noted that, because of the well kept grounds and attractive landscaping, this commercial use blends well with the residential neighborhood and helps to enhance its appearance. Mr. Stuek noted the number of employees who work for Martel Construction, noting .the majority of them live in the Gallatin Valley. He noted the economic benefit which this business provides to the community has already been discussed, suggesting that issue should be taken into consideration when addressing the public good. Mr. Tim Linn, 1307 South Church Avenue, stated he has lived on the property just south of the subject site for seventeen years; and Martel has been a good neighbor. He stated that this proposed expansion project will enhance the property and the neighborhood substantially. He then encouraged the Commission to approve the variances for this requested expansion, to assist an existing, stable business in the community. Mr. Bob Evans stated he owns the property immediately to the north of Mr. Martel's, abutting the former mink farm property. He noted support for the proposed expansion, noting that the mink farm was very smelly in the summer. He stated that the removal of the existing .structures and construction of new facilities will be an improvement, with the net result being less than a 20 percent expansion. He also noted that to have the expansion occur on the front half of the lots, leaving the back half more open, will create much less impact on the surrounding neighborhood. He then encouraged Commission approval of this request. Mr. Herbert Lessley, Jr., stated he has lived just south of Mr. Martel's business for 56 years. He stated Mr. Martel has been a good neighbor and maintained a nicely landscaped property. He noted surprise that the variance was not approved when it went before the Board of Adjustment. He then noted the recent article in the Bozeman Daily Chronicle, which suggests that Belgrade is seeking new businesses. He then encouraged approval of this application. Mr. Lou Spain, 1405 South Black Avenue, stated support for the application. He noted . that he and Bill Martel attended high school and have worked together since because of his involvement with Owenhouse Hardware. He then noted Mr. Martel's good character, as reflected in various ways. Mr. Spain noted how well Mr. Martel has maintained his current location over the years, in spite of the large volume of business conducted there and the amount of large equipment housed on site. He then encouraged the Commission to approve this application. 08-17-92 ----- --....------- ".------ -- --.---.---. - -- -- --- .-------. , . .. . '. . . - 35 - ,. .. Mr. Rick Ogle, Kenyon-Noble, stated support for the application, noting that he lives only three blocks from the subject property. Mr. Gene Spranget, 408 Staudaher, noted that he is Chairman of the Board of Adjustment, and voted for the variance when it was before that body. He noted that in the mid- . 1950's, there was another construction company on this site, owned by Paul Lee; and it included a landing strip that was used on a daily basis. He then noted the manner in which Mr. Martel has maintained the subject property, indicating that it is difficult to see the business when driving up and down South Church Avenue because of the landscaping. He then encouraged approval of the variances. Mr. Jerry Cashman, 252 Estes Lane, stated support for the requested variances. He noted the importance of supporting and maintaining existing business, and assisting it in expansion. He then indicated his support for the comments which have been made previously, and encouraged approval. Mr. Glen Lehrer, 8636 Panorama East, indicated he is Associate Professor at MSU and is in charge of the construction program. He stated support for the proposed variances to allow .for expansion of the existing business. He noted that Mr. Martel's property is aesthetically pleasing; and he feels that to allow expansion of that use to the new parcel would be an asset to the area. He then stated that last year, Mr. Martel received the "Build America" award in Dallas, noting that it is an award from his peers; and only three are given each year. He then noted that Mr. Martel has utilized students and graduates of Montana State University whenever possible, thus allowing them to remain in the area. Mr. Lehrer then noted the small profit margin within which contractors operate. He noted that, with the competitiveness of the business, it is important that Mr. Martel be given the opportunity to expand and utilize the newest technology available. He noted that if that option is not provided, the business will shrivel and die. . Mr. Sam Gesko, 2826 Colter A venue, noted that a Planning staff typically recommends denial of a variance request, characterizing it as more of a political process. He also noted that the end of the staff report provides a manner in which this variance request can be approved. He noted that all levels of government are seeking industrial development; and quite often, existing businesses are neglected in the search for new businesses. Mr. Gesko noted this business has operated in this location for 32 years, presumably 08-17-92 ------- ------- ---- ----- ----- ---------- ..----- - . ..-- , J "\ . L , . - 36 - , . without complaint from the neighborhood. He stated the current well-landscaped, four-acre parcel has housed the business, with its attractive buildings and well-organized building stock, for many years; and this proposed expansion would only expand that attractive picture. Mr. Gesko noted that those in opposition at past meetings have raised the concern that .their property would be devalued; however, he feels that will not occur. He then noted the community cannot afford the possibility of losing this business, and encouraged Commission approval. Mrs. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, stated that the Chamber supports the expansion of existing business. She suggested that this request is the result of a natural, logical expansion of an existing business. She then expressed concern about the option of historic mixed use zoning, noting that to date it has not been tried. She also noted that the planned unit development process is typically for mixed uses; and this is simply one use being proposed for the entire site. Mrs. Joyner then noted that reference has been made to the Belgrade versus Bozeman issue, stating her distate for that concept. She noted, rather, both communities benefit from ~ increases in business. She then encouraged Commission approval. -~ Mr. Doug Alexander, Story Distributing, noted that several years ago, Mr. Martel had his underground tanks removed, to ensure that they did not leak and cause contamination to the creek. He noted when those tanks were removed, they were in good shape; however, he noted that concern reflects Mr. Martel's environmental concerns. He then encouraged Commission approval of this application. Mr. Gary Tschache, 433 South Black Avenue, noted he owns the Kagy Korner store and has done business with Mr. Martel and his employees through the years. He stated support for this application, noting that Mr. Martel wishes to improve the site even more through this proposed expansion. He then noted Mr. Martel's interest in the community, and his willingness to . support it. Mr. Ralph Ferraro, owner of the Rocking R Bar, stated support for this proposal, noting that Bill Martel has supported the community in various ways through the years. Mr. Lowell Springer noted that one of the reasons that zoning was instituted was to protect the uses in an area of the community, to ensure that the property values do not deteriorate because an inappropriate use is allowed. He noted that, given the operation of Martel Construction, 08-17-92 , I~i , ( . . - 37 - . 7 he does not feel that this use devalues the area, but is an attribute to the South Church Avenue area. He also noted that when the City approved his expansion several years ago, it made a commitment that if he was successful, he would be allowed to expand further as necessary. Mr. Mark Refting, 2618 Spring Creek Drive, read into the record a letter of support .from Mr. Ernest Coulston, 1315 South Church Avenue. He then forwarded his own encouragement for Commission approval of this application. Mr. Jim Vernon, 1008 South Church Avenue, read into the record a letter of opposition from Kay Woods, 425 Ice Pond Road. The letter raised concerns about a construction company in a residential community, and the impacts on traffic, water quality, children's safety, sound quality, and the riparian habitat. Mr. Vernon then asked about the variance system, noting there is no written guarantee about what will happen in the future. He also expressed concern about possible stream degradation. Mr. Vernon noted that the City is currently trying to acquire Peet's Hill and the Burke property, which would be a good addition to the City. He noted, however, that the view from on .top of the hill is directly down onto Mr. Martel's property; and no trees will shield the site from that type of view. Mr. Vernon then reminded the Commission that in February 1990, they consciously rezoned the subject area to ensure the integrity of the single-family residential development. He suggested that approval of these requested variances would be contrary to that action. He then suggested that the planned unit development process would provide a mechanism for reviewing and addressing the various questions and concerns of the neighborhood. Mr. Vernon then submitted to the Commission a petition of opposition to the requested variances, containing 81 signatures. He stated that all but one of the residents in the area immediately north of the subject site signed the petition when he carried it. . Mr. Jim Vernon noted that removal of the old barn for the mink farm has taken place, with concrete barriers being installed. He stated that a discussion with the Fish, Wildlife and Parks Department revealed that the property owner did not have them review the site; and he suggested the possibility that the concrete barriers are in the 100-year floodplain. Mr. Vernon stated he has invested $30,000 in his home over the last three years. He noted his firm belief that people should purchase homes close to the downtown, noting this allows 08-17~92 . ~ .. , . - 38 - . . . him to contribute to the community by riding his bicycle to work rather than compounding traffic problems any further. Mr. Vernon stated that he is forwarding the concerns of many, not just himself. He then encouraged the Commission to carefully consider the concerns which he has forwarded when .making their decision on this item. Mr. Chuck Paden, 507 Ice Pond Road, distributed his written testimony to the Commission, reviewing the various pOints contained in that summary. He characterized the various issues contained in this summary as a compilation of comments and concerns which he and neighbors have developed in discussions. He noted that the residents north of the Martel property are typically opposed to this proposal because they are the ones that will incur the traffic impacts created by the proposed expansion. He also noted that the residents along Ice Pond Road will be visually impacted by the outside storage area which is to be located on the east side of the creek on the former mink farm site, particularly since the majority of the vegetative screen is deciduous. Mr. Paden suggested that the requested expansion is contrary to the Bozeman Area Master Plan. He also noted that it is contrary to the zoning in the area, which is the lowest density ASingle-family residential zoning designation in Bozeman. He then raised the fact that this request .., provides for expansion onto a new parcel, a major factor in the staff's recommendation for denial of the application. Mr. Paden then raised concern that the variance process does not require adequate data to make a thorough analysis of potential off-site impacts, i.e., traffic, visual impacts, and possible impacts on Sourdough Creek. He also noted that concern has been raised about the possible storage of materials in the 1 OO-year floodplain, which could result in downstream flooding if some of it were to get into the creek. Mr. Paden stated residents in the area are also concerned about the possible expansion of this use to the west side of the creek. He noted that in a meeting last week, Mr. Martel stated . a willingness to sign a legally binding document promising that the business would not be expanded to the west side of the creek. Mr. Chuck Paden stated that a Question has been raised about whether the requested variance is legal under the zone code. He suggested, rather, it may be more appropriate to consider this as a change of one non-conforming use to another, which is addressed in a different section of the zone code. He noted that section does require substantially more data, so that the off-site 08-17-92 ---- ~ ~, , . .. - 39 - , .~ ~ impacts may be appropriately analyzed. He noted another alternative might be the planned unit development process, which would also require more technical information. Mr. Paden then sugg,ested that the interference that this expansion would have on future extension of Garfield Street must also be considered. He noted that he has no opinion on ....... this subject; but a conscious decision should be made in conjunction with this application. ~ Mr. Paden then underscored concern about the degradation of the aesthetic value of Peet's Hill that this expansion of the commercial use would create. He then encouraged the Commission to carefully consider all of these items in their deliberations. Mr. Dick Andriolo stated that if these two parcels were developed as a planned unit development, they would generate more traffic. He further noted that at the present time, that is not possible because the City has not yet provided the water and sewer services. He then indicated that this expansion can be accomplished in a manner than will allow these parcels to remain compatible with the surrounding residential development. Mr. Andriolo then reviewed the three criteria under which this application must be considered. He noted that Martel Construction is a thriving business, with an established tax base; A and it is compatible with the area. He then noted that to allow expansion of the business to the -'W' north, rather than the west, will help to ensure that the creek and the flood way are protected. He cautioned the Commission that a mechanism for variances to the zone code is required to make the code legal. He noted that is the process being utilized at this time. Mr. Andriolo then addressed Mr. Paden's suggestion that this may more appropriately be considered a change from one non-conforming use to another. He noted that the data required under that section of the code is readily available, suggesting that this application meets those criteria very well. Mr. Andriolo stated that the people in opposition to this expansion are a minimum of 450 feet from the site. . City Manager Wysocki entered into the record a letter of support from Jerome S. C. Nelson, 360 Concord, dated August 13. He then suggested that, in light of the many issues raised during this hearing, it would be appropriate to continue the hearing to next Monday afternoon, to allow staff an opportunity to forward its comments and accept any additional public comment. Mr. Dick Andriolo registered his objection to continuing the public hearing, noting the importance of a timely decision. 08-17-92 "- ., "' .. . - 40- . . ,. Following responses by Commissioner Stiff and Commissioner Vincent, 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 and Mayor Swanson; those voting No, none. . P~blic hearing - master Dlan amendment - Bozeman Area Park~. ODen SDa~e and Trails (POST! Master Plan element This was the time and place set for the public hearing on the master plan amendment to the Bozeman Area Master Plan Update to add the Bozeman Area Parks, Open Space and Trails (POST) element. Mayor Swanson opened and continued the public hearing to 7:00 p.m. on Monday, August 24, due to the late hour of this meeting. Adjournment - 11 :30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be -eadjOUrned. 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, none. ATTEST: (2tJ J~ ROBIN L. SULLIVAN . Clerk of the Commission 08-17-92 --'. --