HomeMy WebLinkAbout06-03-1997 DRC Minutes DEVELOPMENT REVIEW COMMITTEE
TUESDAY,JUNE 3, 1997
Members Present: Dave Skelton,Roger Sicz, Larry Woodward, Jim Collins, Chuck Winn, Craig
Brawner
Staff Present: Chris Saunders, Jody Olsen, Debbie Arkell, Dean Patterson, James Nickelson,
Karen Finke, Rick Hixson, Carol Schott
Visitors Present: Annette Christenot, O.F. Christenot, Jeff Herptat, Mike Popiel,Nancy
Characklis, Bob Gilbert, Joan Rudberg, Steve Shuel, Clair Daines, Michael
Liebelson,Ron Hess
Chairperson Dave Skelton called the meeting to order at 10:00 a.m.
A. FINAL REVIEWS
1. Bozeman Interfaith Housing-2 "Pond Row"MiSP #Z-9758 - (Saunders)
3300 West Babcock Street
A Minor Site Plan Application to allow the construction of four structures
for ten units.
Ron Hess and Mike Popiel joined DRC. Planner Chris Saunders reviewed the conditions and
Code requirements from the Planning Department(all conditions are on file in the Planning
Office). Project Engineer James Nickelson reviewed his department's conditions,noting that all
were standard except for#2 which addresses stormwater. Water/Sewer Superintendent Larry
Woodward reviewed his department's conditions, noting that all are standard except for#10
which addresses fixture counts. Streets/Sanitation Superintendent Roger Sicz noted that Ravalli
Street should be renamed to avoid conflict with the other Ravalli street in that same area. Mr.
Sicz continued that the developer is responsible for the installation and cost of signage.
Planner Saunders moved, Mr.Nickelson seconded, that the application be approved as per the
conditions of DRC. Motion carried 6-0.
2. Learning Circle School CUP/Variance#Z-9746 -(Saunders)
Villard Street
A Conditional Use Permit Application with a Variance to allow the
construction of a new private elementary school.
Clair Daines,Michael Liebelson, Bob Gilbert, and Nancy Characklis joined DRC. Planner Chris
Saunders reviewed the application. He noted the school will serve approximately 50 students.
He continued that the DRC is an advisory group which gives a recommendation to the Planning
Board who in turn makes a recommendation to the City Commission,
Chairperson Skelton noted that DRC will act first on the variances,then on the CUP applications.
Water/Sewer Superintendent Larry Woodward noted that condition#5 from his department
covers the largest concern from his department(all conditions are on file in the Planning Office).
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He reviewed conditions#3 and#5. Project Engineer Karen Finke reviewed the conditions from
her department, noting that all were standard except#2. Planner Saunders noted that the
Planning Office cannot support the variances requested, for a number of reasons including it is not
a legal site at this time and no infrastructure for the protection of the safety and welfare of the
public. City Engineer Craig Brawner concurred with all that has been said thus far.
Mr. Brawner requested that Planner Saunders summarize the variances, which he did. Mr.
Liebelson responded to the concurrent construction of the building and the infrastructure. He
noted that the infrastructure would be financially guaranteed by Mr. Daines. He noted there was
no risk to the City. Planner Saunders noted that City Code doesn't allow the infrastructure to be
financially guaranteed. Mr. Liebelson noted that there is a substantial financial hardship in that if
the variance isn't granted,they will withdraw the application. Chairperson Skelton noted that as
an advisory body, DRC doesn't look at financial hardship. It looks at physical and technical
aspects.
Mr. Liebelson asked if fire protection is still an issue. Fire Marshall Chuck Winn noted that he
will work out fire protection with the applicants during construction. He noted that the fire
hydrant being over 500 feet from the construction site is too great and they will be required to
have three hydrants, because the City doesn't have the capability of hauling water to the site.
Chairperson Skelton noted that the problem isn't the use,the problem is that the timing is wrong.
Mr. Liebelson asked for the section of the Code that gives the hardship criteria for variance
applications.
Mr. Brawner moved, Mr. Winn seconded, to recommend denial of the variances to the Planning
Board and City Commission. Motion carried 6-0.
Chairperson Skelton noted it was time to review the CUP. Planner Saunders reviewed the Code
requirements and the conditions from the Planning Office. Project Engineer Karen Finke
reviewed the conditions from the Engineering Department. Mr. Woodward reviewed the
conditions from the Water/Sewer Department, noting that the water lines should be sized from the
buildings to the street not the main brought into the buildings then downsized. Mr. Brawner
added that the timing issue is a factor. He asked what will happen to the school if the subdivision
hasn't been filed yet or the infrastructure isn't installed and the school isn't ready for occupancy.
Mr. Liebelson noted that Ms. Characklis will confirm that the building will not be occupied until
full City services are installed. Mr. Brawner noted that the completion of the infrastructure is
difficult while other construction is being done.
Planner Saunders noted that there is more to the process than getting preliminary approval from
the City Commission. The Final Site Plan has to be approved before the building permit can be
issued. Mr. Liebelson noted he wants the building permit submitted and the review started before
the City Commission reviews the application. He also noted that they will be submitting a final
site plan before the CUP is approved and make changes after the approval.
Mr. Dairies noted that if this were being processed as a 22 acre lot, then it would proceed through
the process. He asked why it can't proceed as it is. Chairperson Skelton noted the reason is that
there is a subdivision application for this property before the City of Bozeman. Mr. Dairies noted
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that Heritage Christian School is on a large lot and not on City services. Chairperson Skelton
noted that the applicants for this project could have done the same and installed a well and septic,
if they had been done it before the property was annexed.
Mr. Woodward noted that it will take three to four weeks to install the services after the water
mains are installed and approved. Mr. Liebelson didn't think this was a problem.
Mr. Sicz noted that the Waivers for SID's for improvements to Durston Road are needed.
Planner Debbie Arkell noted the Waivers will be filed with the annexation tomorrow at the Clerk
and Recorders' Office.
Planner Saunders moved, Mr. Sicz seconded,to recommend approval of the CUP as per the
conditions of the DRC, which includes the condition that the subdivision be completed and filed
prior to the issuance of Building Permits. Motion carried 6-0.
B. SECOND WEEK REVIEWS
1. MacKenzie River CUP#Z-9764- (Olsen)
232 E. Main Street
- A Conditional Use Permit Application to allow the sale of alcoholic
beverages at an existing restaurant.
Steve Shuel joined DRC. Planner Jody Olsen reviewed the application and Planning Staffs
conditions. She noted the conditions are standard for CUP's for the sale of alcoholic beverages.
She asked Mr. Shuel which dumpster serves his business. He noted it was the brown one.
Planner Olsen noted the dumpster is to be screened as per Code requirement or he should ask for
a variance. Mr. Shuel noted that he will ask for a variance as there isn't enough room on the alley
for screening and the garbage trucks have problems now picking up the dumpsters due to the
cramped space. Mr. Sicz concurred that screening the jumpster would create pick-up problems.
C. FIRST WEEK OF FINAL TWO WEEK REVIEW
1. Valley West Annexation#A-9703 - (Arkell)
West of Ferguson, between Durston Rd and U.S. 191
- An Annexation Application for Annexation of 411 acres. (First of
two week review for Final comments)
Assistant Planning Director Debbie Arkell reviewed the project,noting that the City Commission
has passed the Resolution of Intent to Annex and set the hearing date. She expanded on
statements in the Report that City Staff had asked to be clarified. Final comments,including any
requested conditions of approval, must be submitted next week. Mr. Brawner distributed a memo
from Public Services Director Phill Forbes that addressed all three current annexation
applications.
D. FIRST WEEK REVIEW
1. HRDC Headstart Center CUP/Variances#Z-9744 - (Olsen)
52 North 24th Avenue
- A Conditional Use Permit Application with Variances to allow the
construction of a pre-school classroom building and to allow a 6' encroachment
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into the rear yard setback, a bus unloading zone in the front yard setback and allow
a building permit and the start of construction within 6 months of the release of
grant funds.
Planner Jody Olsen reviewed the application,noting the applicant is requesting three variances.
She noted that DRC will be making a recommendation to Planning Board and City Commission in
two weeks.
City Engineer Craig Brawner noted if this is a site plan review, it is missing a lot of information,
including water and sewer, existing and proposed. He was also concerned about the parking
situation. Water/Sewer Superintendent Larry Woodward asked if it is an existing lot, to which
Planner Olsen responded in the affirmative. Mr. Woodward asked if the water service is large
enough. Mr. Brawner noted that particular information is also missing.
2. XL Partnership ZMA#Z-9743 - (Patterson)
5000 Block of Durston Road
- A Zone Map Amendment Application to amend the zoning designation on
a 160±acre tract of land from A-S (Agriculture Suburban)to R-3 (Residential,
Medium Density).
Planner Dean Patterson presented the application, noting that the main issue is the City's ability to
service the propertyconsidering a distinction between single-family density and a higher R-3
density.
3. State Capitol Employees Credit Union ZCA#Z-9775 - (Patterson)
8645 Huffine Lane
- A Zone Code Amendment to allow parking in the front yard to allow
commercial uses to utilize 18' of the 25' front yard setback for parking. (First
week of a two week review)
Planner Dean Patterson presented the application,noting that he'd like any comments on allowing
parking in the front yard setback.
Chairperson Skelton asked why the applicants didn't ask for a variance specific to the site; he
wasn't in support of the amendment; and he recommended denial.
Fire Marshal Chuck Winn doesn't want the applicant to do anything with the building until the fire
hydrant is moved to its proper location, as shown on the approved final site plan.
City Engineer Craig Brawner noted that they haven't installed all of the required curb and gutter.
Chairperson Skelton noted that the amendment wouldn't just apply to this site,it would affect all
commercial sites in the City. Planner Patterson noted that, as a ZCA,this application is not site
specific.
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4. Gateway Limited Partners MPA and ZMA#P-9722, #Z-9742 - (Skelton)
5000 Block of Durston Road
- A Master Plan Amendment Application and a Zone Map Amendment
Application to amend the Master Plan to allow a change in land use from County
Zoning District#1 to Urban Residential Infill and to amend the Zone Map to re-
zone the property R-2A on a 145 acre tract of land.
Chairperson Skelton presented the applications.
5. Lot 46, Bridger Creek Sub, Phase I Amended Preliminary Plat#P-9729 - (Skelton)
2408 Par Court
- An Amendment to the approved Preliminary Plat to subdivide Lot 46 into
two lots to allow the construction of townhouses. (First week of a two week
review.)
Chairperson Skelton presented the application. Water/Sewer Superintendent Larry Woodward
noted that the subdivision could be accomplished with a meter pit for the water, a homeowners
association, the splitting of the sewer, among other items. He noted that he prefers not to use the
meter pits, however, that is how the neighbor next door to this property accomplished the
townhouse lots.
Fire Marshal Chuck Winn moved, Streets/Sanitation Superintendent Roger Sicz seconded, that
the meeting be adjourned. Motion carried unanimously. The meeting was adjourned at 11:10
a.m.
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