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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). Development Review Committee Minutes-June 3,1997 1 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 Development Review Committee Minutes-June 3,1997 2 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 Development Review Committee Minutes-June 3, 1997 3 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. Development Review Committee Minutes-June 3,1997 4 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. Development Review Committee Minutes-June 3,1997 5