HomeMy WebLinkAbout10-28-1997 DRC Minutes DEVELOPMENT REVIEW COMMITTEE
TUESDAY, OCTOBER 28, 1997
Members Present: Craig Brawner, John McNeil, Chuck Winn,Neil Poulsen, Larry Woodward
Staff Present: Roy Beall, Therese Berger, Kirsten Emborg,Karen Finke, Jody Olsen, Chris
Saunders
Visitors Present: Rga Keith Belden, Al Borrego,Ray Center, Tom Fellows, Bruce Foley, George
Gibson, Jim Horan, Tim Howard, Mark Iwaniak, Dan Kamp, John Langhenheim, Ken LeClair,
Nancy Lurie, Ron Lurie, Joan Rudberg, Jeff Rupp, Jerry Taylor
B. FINAL WEEK REVIEWS
1. Interior Home& Bath MisP/COA#Z-97148 -(Olsen)
Rawhide Ridge &North 19th Avenue
A Minor Site Plan with a Certificate of Appropriateness Application to
allow the construction of a 9,000 square foot retail and warehouse building and
related site improvements.
Mark Iwaniak,representative from Gaston Engineering & Surveying, and George Gibson,
applicant and architect,joined the Development Review Committee(DRC). Assistant Planner
Jody Olsen reviewed conditions from the Planning Office from her 27 October 1997 memo to the
DRC relating to van accessible parking spaces, Department of Environmental Quality (DEQ)
provisions, final site plan requirements, and the need to obtain an address for the County Road
Office. She also reviewed Senior Planner Dave Skelton's conditions relating to provisions of the
North 19th Avenue/Oak Street Corridor Master Plan, outlined in his 24 October 1997 memo to
Planner Olsen.
In the Project Engineer's absence, City Engineer Craig Brawner discussed Rick Hixson's 24
October 1997 memo to the DRC, and indicated that although the site is located in the Bozeman
solvent site plume, all conditions are standard.
Water/Sewer Superintendent Larry Woodward remarked that the conditions outlined in his 28
October 1997 memo distributed to members are standard with the exception of condition#5,
which more specifically outlines necessary steps to ensure the water facilities are designed so that
future connection to city water services can occur easily.
Neither Parks Superintendent John McNeil nor Chief Building Official Neil Poulsen had
comments on the proposal.
Fire Marshal and Acting Chairperson Chuck Winn indicated that Tom Kingman of the Rae
Volunteer Fire Company feels conditions, beyond meeting fire code provisions, are unnecessary.
Responding to George Gibson,Planner Olsen explained that additional conditions, as outlined in
the Design Review Board(DRB) Staff Report, will apply contingent upon the DRB's action this
Development Review Committee Minutes-October 28, 1997 1
afternoon. She clarified the Committee's previous discussion regarding trail easement provisions,
indicating it is the applicant's choice whether to provide a 50' wide easement or survey the actual
8' width.
In response to George Gibson, Planner Olsen explained that the Improvements Agreement
summarizes the improvements that are required to be made on the site. She indicated that if the
applicant wishes to occupy the structure prior to completion of all of the improvements, those
remaining improvements must be financially guaranteed,in which case, all of the necessary
improvements would need to be completed within 9 months of occupancy. She deferred any
questions related to a "North 19th Avenue/Oak Street Corridor Trails Trust Fund"to Planner
Skelton.
Mark Iwaniak verified requirements spelled out in Planner Skelton's memo,indicating the
landscaping will be modified to accommodate staggered berming. Planner Olsen commented that
the landscaping and berming can be arranged to facilitate storm water drainage.
MOTION - Craig Brawner moved, seconded by Larry Woodward, to approval Zoning
Application#Z-97148 with the conditions outlined by the DRC. The motion carried unanimously.
2. Chuckwagon Chili MiSP/COA/DEV#Z-97159 -(Olsen)
720 South 1 Oth Avenue
A Minor Site Plan/Certificate of Appropriateness Application with a
deviation to allow the demolition of an existing building and the construction of a
1,700 square foot restaurant with patio seating in the required front yard setback
and related site improvements.
Jerry Taylor, applicant's representative from Taylor Architects, Ron Lurie, and applicant,Nancy
Lurie,joined the Development Review Committee (DRC). Assistant Planner Jody Olsen
reviewed Planning Office conditions and code requirements from her 27 October 1997 memo to
the DRC relating to parking, drive access, and final site plan requirements. She noted specifically
that the site improvements cannot be placed in public right-of-ways.
In the Project Engineer's absence, City Engineer Craig Brawner discussed Rick Hixson's 24
October 1997 memo to the DRC,noting specific concerns regarding adequate stormwater
detention/retention on-site and with the alley improvements, and the drive approach off 1 Oth
Avenue (condition#5). He noted that condition#15 is in response to previous uses of the site.
Upon confirming with Mr. Taylor that there will be no inside vehicle storage,Mr. Brawner stated
that condition#8 (grit/oil separator) should be stricken. Chief Building Official Neil Poulsen
noted that references made to a"grease trap"in condition#14 should be corrected to read
"grease interceptor". Planner Olsen noted that comments from Roger Sicz, Streets/Maintenance
Superintendent coincide with those from the Engineering Department.
Water/Sewer Superintendent Larry Woodward remarked that the conditions outlined in his 28
Development Review Committee Minutes-October 28, 1997 2
October 1997 memo distributed to members are standard;however, he reviewed conditions #8,
#9, and#10.
Fire Marshal/Acting Chairperson Chuck Winn and Parks Superintendent John McNeil had no
comments on the proposal.
MOTION- Craig Brawner moved, seconded by John McNeil,to recommend approval of Zoning
Application#Z-97159 with the conditions outlined and corrected by the DRC. The motion
carried unanimously, forwarding a unanimous recommendation of conditional approval to the City
Commission for its consideration at the Monday,November 17, 1997 public hearing at 7:00 p.m..
C. ONE WEEK REVIEW
1. Willowbrook Condos Modification to Site Plan #Z-9452 -(Beall)
2400 Durston Road
- An Application to Modify an Approved Plan by relocating an existing ditch
on the property.
Tom Fellows and Ken LeClair,representatives of Willowbrook Condo Corporation, joined the
Development Review Committee (DRC). Code Compliance Officer Roy Beall discussed
information provided by Mr. Fellows in his 4 September 1997 letter,regarding the ditch which
was relocated approximately 8 feet to the west of its previous alignment and is now immediately
adjacent to the right-of-way for North 25th Avenue. In discussing the issue with the City
Engineer, he said, staff is concerned that portions of the relocated ditch may be within the 25th
Avenue right-of-way. City Engineer Craig Brawner reiterated this concern, commenting on the
necessity that the ditch be outside of the right-of-way in anticipation of future improvements.
Tom Fellows described the background concerning the ditch as outlined in his letter. He
commented that it was his hope the ditch would be abandoned by now, and feels it will be with
the development of the Smith property and by the time improvements are made to North 25th
Avenue. He described a number of surveys of the property,taken by licensed surveyors, and
some confusion created by the location of the sewer main manhole from which measurements for
the location of his fence and irrigation system were taken. He has found that the manhole is not a
good measurement point, and subsequently the property contains conflicting survey stakes.
Responding to Craig Brawner, Ken LeClair indicated that the most recent survey was performed
approximately three years ago. He noted, however, that several utilities contractors have
accessed the site and stakes may have been misplaced.
Remarking that the City needs definitive information establishing that the ditch is outside of the
North 25th Avenue right-of-way, Craig Brawner asked for some commitment from the developer
concerning his responsibility in maintaining the relocated ditch and ensuring it is not within the
right-of-way. Tom Fellows confirmed with Mr. Brawner that the Willowbrook Condo
Corporation would be responsible to provide the evidence necessary to establish that the relocated
Development Review Committee Minutes-October 28, 1997 3
ditch is outside of the right-of-way.
MOTION - Craig Brawner moved, seconded by Roy Beall,to approve the relocation of said ditch
relative to Zoning Application#Z-9452, contingent upon verification by survey that the ditch is
outside of the right-of-way for North 25th Avenue. The motion carried unanimously.
D. SECOND WEEK REVIEWS
1. HRDC Headstart CUPNAR#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 related site improvements with
variances from the required rear yard setback and to allow parking and the garbage
enclosure to be located in the front yard setback.
Bill Hanson, applicant's representative from Taylor Architects, and John Langhenheim,project
developer from HRDC,joined the Development Review Committee (DRC). Assistant Planner
Jody Olsen reviewed the proposal, and discussed the Recreation&Parks Advisory Board's
recommendations that the adjoining park be maintained by HRDC;that it be accessible by City
maintenance vehicles;that the proposed fence be aesthetically pleasing; and that adequate
trail/sidewalk accessibility is provided to the larger parkland to the east. She reviewed her 27
October 1997 memo to the DRC, explaining many of the code provisions the site plan currently
fails to meet, and provided an overlay depicting possible changes to the parking area that would
meet code provisions for drive isle widths and handicapped accessibility, while ensuring that
adequate vehicular circulation occurs through the site. Staff's recommendation, she said, is to
eliminate the proposed van drop-off area and to seek a variance to allow "landscaping-in-lieu-of-
parking" for two parking spaces. She further suggested that the portion of the sidewalk utilized
as a student loading and unloading area be widened in front entrance area.
Parks Superintendent John McNeil clarified that he, not the Parks & Recreation Advisory Board,
will determine whether the proposed park improvements are adequate. It was also noted that any
uses for the park area, such as snow removal, would need to be approved by the Parks
Superintendent. City Engineer Craig Brawner suggested requiring an easement laying out the
terms and uses of the park. Mr. McNeil noted that the applicant would have to apply for an
Encroachment Permit.
John Langhenheim indicated that several changes related to code provisions have already been
made, including the likely elimination of the one way driving isle.
Craig Brawner confirmed with Mr. Langhenheim that the facility will be primarily accessed by the
Headstart bus, and there will not be considerable private vehicle traffic. Mr. Brawner expressed
concerns that the sight vision triangle be maintained and that the proposed dumpster location not
create traffic problems.
Development Review Committee Minutes-October 28,1997 4
Acknowledging that the site is tight,Bill Hanson commented that the Headstart program has strict
criteria on classroom and building size, and given the funding for the project,the subject lot is
what is available to HRDC for the project. He stated that work will continue on finding a
location for snow removal and noted that HRDC is committed to maintaining the park area. He
added that a landscaping plan, including details for a well/irrigation will be forthcoming.
Planner Olsen suggested the applicants meet with her before Thursday to identify any changes to
the requested variances with the proposed changes prior to the final advertising deadline. The
final week review before the DRC will occur November 4, 1997.
2. West Kagy Development MaSub PUD Pre-Application#P-9746 -(Olsen)
SW corner of West Kagy Boulevard& South 1 lth Avenue
- A Major Subdivision PUD Pre-application to allow the subdivision of
14.592 acres into 19 commercial and/or mixed use lots.
3. West Kagy Development PUD Concept Plan #Z-97163 - (Olsen)
SW corner of West Kagy Boulevard and South 11th Avenue
A Planned Unit Development Concept Plan Application to allow a 19 lot
commercial office and or mixed-use development.
Dan Kamp, planning consultant, and Ray Center, engineer,both representatives of applicant Gene
Cook,joined the Development Review Committee(DRC). Assistant Planner Jody Olsen
reviewed the proposed concept plan and subdivision pre-application, indicating that subdivision
comments depend on whether individual lots will be created for sale or the building units will be
sold as condominiums. She noted that utility easements along public right-of-ways will need to be
12'wide. An encroachment permit from Montana Department of Transportation(MDT) will be
required if utilities will be in the Kagy Boulevard right-of-way. The applicant will also need to
identify any waivers or modifications desired from subdivision and zoning standards and provide
justification of why flexibility from code provisions is warranted. In addition, she said, a traffic
study must be submitted with the preliminary plat application.
Noting the lot lines are proposed approximately 5' from the building footprints, Ray Center
discussed the potential for the lots to be condominiumized. The open space, drives and parking
areas, he said, will be maintained by an owners' association.
Dan Kamp indicated that parking will not be allowed on the interior streets of the development.
Variances relating to internal pedestrian circulation may be requested as the concept is to provide
sidewalks on one side of the drives with a 4'wide boulevard for snow removal. Committee
members noted that the interior streets would need to be signed"no parking".
Responding to Planner Olsen, Dan Kamp indicated that mail service delivery to each building was
desired. Staff felt that a central collection facility would be more appropriate. City Engineer
Craig Brawner commented that a determination on whether the private drives will be platted
Development Review Committee Minutes-October 28, 1997 5
needs to be made. He suggested the project be addressed with one central address, such as Kagy
Boulevard, and have one central mail receptacle. Fire Marshal Chuck Winn remarked that his
department prefers a common address for the entire project with individual buildings clearly
marked with unit identification numbers or letters. He asked the applicant to consider making it
easier for emergency services to find particular buildings within the development and off of the
major street network.
In response to Chuck Winn,Ray Center indicated that water availability and anticipated needs
have yet to be analyzed; however,he believes recent flow tests have been conducted in the
vicinity. He described some possibilities for looping the water main that have been discussed with
the City Engineer, Mr. Winn commented that if the fire flow is inadequate he will require any
buildings to be sprinklered until such time the improvements are made to yield adequate flows.
Responding to concerns expressed by Craig Brawner regarding domestic water needs that may
compromise the flow, Dan Kamp indicated that the applicant has toyed with the idea of allowing
some limited apartments in the upper stories of the structures. He also indicated that it is Mr.
Cook's intention to phase the project,perhaps limiting first phase construction to three or four
buildings within close proximity to Kagy Boulevard. Mr. Brawner emphasized the need for a
clear plan on the infrastructure phasing in particular.
Water/Sewer Superintendent Larry Woodward remarked that he would like to see the water main
looped and that services in 1 lth Avenue would need to be in the standard location. Mr.Kamp
responded that Gene Cook would most likely want to see the water looped. Mr. Kamp
commented that he believes Mr. Cook would want to construct 2 or 3 buildings prior to having
looped the main. Further, he said, it is Mr. Cook's intention to see 1 lth Avenue improvements as
part of phase 2 of the project.
Craig Brawner suggested that some over sizing of the water services might be involved
considering other developments in the area, specifically the Kagy Crossroads project. A general
discussion ensued regarding water and sewer facilities in relation to phasing of the project and the
installation of the WI and/or A2 relief sewer mains. Craig Brawner said he would like to see
some restrictions in phasing based upon the completion of the W 1 and/or A2 sewer mains. He
suggested the water main might be located in one of the interior streets rather than in 1 lth
Avenue.
In response to Committee members, Planner Olsen explained the three part zoning and
subdivision PUD process. Ray Center offered that it is his understanding the development team
will proceed with a preliminary plat for the whole property, including both phases, and plat the
phases separately.
Planner Olsen asked members to provide written comments by next Tuesday during the projects
final week review. She will then prepare a written list of items to aid the applicant in preparing
the preliminary plat application.
Development Review Committee Minutes-October 28,1997
E. ONE OF TWO WEEK REVIEW
1. Gateway Subdivision (Aspen Meadows)MaSub
Pre-application#P-9748 - (Skelton)
N of the intersection of Hunters Way & Durston Road- Gateway Annexation
A Major Subdivision Pre-application to subdivide 148 acres into 410 lots
for single family development.
Associate Planner Chris Saunders recalled discussions regarding the possible coordination of
sewer facilities for this project with the relief sewer work, and noted that the North Meadows
Subdivision,between Western and Greenway Subdivisions, is not shown along the southern
boundary of the property in the submittal. He indicated that staff would prefer an extension of
Michael Grove Avenue through this property to connect to Oak Street,rather than as proposed
with a jog to proposed L Street.
Keith Belden, applicant's engineer from Morrison-Maierle, Inc.,recalled previous discussions
concerning the alignment of Oak Street in relation to the location of the underground utilities.
He said he hopes the City can make a determination and tell both property developers where Oak
Street is supposed to be located. Because sewer facilities are to the north, he said, it would make
more sense to install the main in the north side of the future extension of Oak Street. He also
noted that trail provisions along the north side of Oak have been discussed by members of the
Park and Recreation Advisory Board, an element which would change how the street network is
developed.
City Engineer Craig Brawner noted that the annexation conditions for both the Gateway and XL
properties requires information regarding the location of the utilities in question. He indicated
that City staff assumes the power line is north of the property line, in which case the Oak Street
alignment would more appropriately be located to the south. A general discussion ensued
regarding the possibilities, including the expense of relocating or providing other options for the
utilities. Keith Belden indicated that his firm will provide the necessary information to the
Planning and Engineering Offices, and will look closely at the pole alignment along Baxter Lane.
He also indicated that North 27th Avenue may have to swing to the east to make the connection
with Oak Street.
Responding to Craig Brawner, Planner Saunders indicated that the Planning Office received an
inquiry,but no formal application, for the development of the property to the northeast.
Craig Brawner questioned phasing of the project, specifically the phasing of the infrastructure. .
Mr. Belden indicated that the sewer main will be installed to Oak Street in the first phase.
Water/Sewer Superintendent Larry Woodward reminded the applicant that hydrants must be
shown on the preliminary plat.
Parks Superintendent John McNeil remarked that the proposed parkland is laid out in an
Development Review Committee Minutes-October 28, 1997 7
unacceptable manner, and that the City can neither maintain the parkland it has nor can it maintain
ditches. Noting written comments from the Subdivision Review and Trails subcommittee of the
Bozeman Recreation and Parks Advisory Board, Keith Belden questioned this assertion. Mr.
Belden discussed the existing ditches and wetlands inventory, indicating that the intention is not to
create a dead-end ditch.
John McNeil stated that he prefers to see larger, usable blocks of land dedicated to the public, and
that cash-in-lieu will not be accepted. He indicated that the City will not maintain the small tot
lots. He further discussed maintenance problems created when trail corridors are too narrow or
wide, or when ditches are in the centers of park corridors. Keith Belden noted that a portion of
the ditch, although dry, is classified as a "stream/ditch" affecting the setback requirements.
Planner Saunders suggested trying to get the "stream/ditch" portion reclassified.
Planner Saunders questioned whether Mr. McNeil would be opposed to having the tot lots
maintained by the homeowners' association. John McNeil replied that he would not be opposed
to the applicant proposing private tot lots if they do not count towards the parkland dedication.
Keith Belden questioned whether land added to Rose Park might better serve the community.
Mr.McNeil responded that he is not sure if a mechanism is in place to allow the transfer of
development rights. Planner Saunders indicated that although the City Attorney would have to
make the determination, state law does not specify that the parkland dedication must be contained
in the subdivision, only that it must be within reasonable proximity to serve the subdivision.
Mr. Belden indicated that the applicant is toying with doing something unique with stormwater
detention by using a wider area to hold drainage on-line in the center of the stream corridor. He
explained that if the water is held on-line it will only be visible when there is a storm. He
discussed the merits of on-line versus off-line detention, noting that the ditch would be shallow
and unobtrusive. Planner Saunders noted that any detention areas would not qualify as part of the
parkland dedication, a policy established mainly because any such detention would constitute a
private use on public property.
John McNeil discussed projects, Valley Unit and Babcock Meadows,in which detention was
proposed in areas which were to be dedicated parkland. These areas,he said,become useless as
recreational areas when they become giant ponds year around. He also indicated that residents,
such as those in Brentwood Subdivision, become alarmed when ditches in their rear yards
threaten to flood their homes or create dangerous situations for their children.
Mr. Belden asked Committee members to remain open-minded to alternative drainage concepts as
he feels good design is desirable in the community.
Craig Brawner commented that the main issue with park areas is maintenance, whether they area
dedicated or held in common ownership.
Development Review Committee Minutes-October 28,1997 8
Planner Saunders questioned whether an larger park area that might accommodate a baseball
diamond, extending off of the trail corridor,might be appropriate. John McNeil responded that it
is important that parks for traditional uses have street access on at least two sides, and that the
size necessary would be dependent on the proposed use. He commented on the number of groups
wanting trail corridors along streams, a trend which reduces the number of parks dedicated for
traditional recreational uses.
Planner Saunders reiterated that planning staff would prefer to see Michael Grove Avenue, rather
than Hunters Way, as a north-south connection.
F. INFORMAL REVIEW
1. Hell Roaring Brewery Informal#I-9733 - (Saunders/Strahn)
820 Front Street
An Informal Review for advise on the re-use and re-development of the old
Northern Pacific depot as a micro brewery/pub/restaurant.
Jim Horan and Al Borrego, Hell Roaring Brewing Company,joined the Development Review
Committee(DRC). Planner Saunders indicated that the Planning Director has determined the
proposal would be reviewed as a minor site plan and conditional use permit, and it is anticipated
that the development of the property would be phased. He noted that, in light of the close
proximity of Front Street, the development of the site would require a deviation for an
encroachment into the front yard. He added that the Historic Preservation Officer is very
supportive of the redevelopment of the site.
Responding to Planner Saunders, Jim Horan said the brewing company would like to do phases 1
and 2 concurrently to get the brewery operational. State law, he said, allows the brewery to
include a tasting room, and they would be able to distribute or to hire another distributor for sales.
Project Engineer Karen Finke questioned the scope of improvements and desired width
anticipated for Front Street.
Water/Sewer Superintendent Larry Woodward stated that although a water line exists, it was
installed in 1916 and is now abandoned,therefore new domestic and fire services,if necessary,
would need to be installed. In response to Mr. Horan, Mr. Woodward explained that the
replacement of the water main would be the City's responsibility;however,the applicant would
have to pay for any new water lines serving the site.
City Engineer Craig Brawner noted that although engineering staff recommended a 90'right-of-
way for Front Street with the Cupola Subdivision PUD project,the City Commission approved a
70'right-of-way. He agreed that questions concerning the installation of curb, gutter and
sidewalk, as well as other street improvements, would need to be addressed. It was noted that
items from the Harry Ellis property may be located on a portion of the unimproved right-of-way.
Development Review Committee Minutes-October 28, 1997 9
Planner Saunders remarked that the existing location of and necessary improvements to Front
Street would need to be addressed. Other issue that may be of concern, he said, include the close
proximity of the two entrances to the site and parking facilities.
Responding to Jim Horan,Planner Saunders explained that in order to lease parking from another
property,the property would need to be within 400 feet and a perpetual lease agreement would be
required.
Craig Brawner questioned whether the applicants had any information on anticipated water needs
and wastewater loads. Jim Horan responded that he anticipates water usage to be similar to that
of Spanish Peaks Brewery, roughly 121,000 gallons per month. He indicated that it is their
intention to become a "zero emissions"brewery,to use all biodegradable cleaning products, and
to treat the wastewater to a neutral ph level. He explained that the hops and grains are collected
and given to farmers;however, when washing, some of the matter is caught in the catch basin
screen.
In response to Craig Brawner, Jim Horan stated that there will be no vehicle accessible areas
within the structure, hence no need for floor drains. He indicated that the kegs will be rolled out
individually for shipment.
Due to the late hour, Committee members agreed to continue the informal discussion at the next
regular meeting on November 4, 1997. Jim Horan distributed a list of questions for Committee
members to review prior to the meeting
The meeting was adjourned at 12:35 p.m..
Development Review Committee Minutes-October 28, 1997 10