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HomeMy WebLinkAbout1989-05-15 " t , _lit JI;~ 'I -.C:: ...' .. <<-" ~ ~. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN , MONTANA May 15, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 15, 1989, at 2:00 p.m. Present were Mayor Stiff, Commis- sioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Acting Clerk of the Commission Lathrop. 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 It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the minutes of the regular meeting of May 8, 1989 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Open bids - one 1989 sanitary landfill compactor This was the time and place set for opening of bids for one 1989 sanitary landfill compactor for the Sanitation Division. The City Manager reminded the Commission that this item has been budgeted In the Capital Improvement Program. The affidavit of ,publication of the "Call for Bids" was presented. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the bids for one 1989 sanitary landfill compactor be opened and read aloud by City Attor- ney Bruce Becker. The motion carried with the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commis- sioner Hawks and Mayor Stiff; those voting No, none. The following bids were then opened and read: Western Plains Machinery Co. Billings, Montana Tractor & Equipment Co. Billings, Montana $148,117.00 $199,970.00 It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye 05-15-89 .:.......~~~'. 'i 'l '- f..- ~ . } ] 0 t' ~ -2- *' " 't being Commissioner Martel, Commissioner Goehrun9, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Swanson on behalf of Pata onia, Inc., re Ms. Emily Swanson, Operations Manager of Patagonia Mail Order, Inc., a subsidiary of Patagonia, Inc. located at 1609 West Babcock Street, Bozeman, presented to the Commis- sion a check in the amount of $5,000 as a contribution to the City of Bozeman's beautification efforts and as a match to Bozeman's Sweet Pea Committee grant of $5,500, to further promote support from the private sector for the arts and beautification of Bozeman. Ms. Swanson stated that, ideally, Patagonia wou Id like to see the funds uti IIzed towards landscape ordinance enforcement; city parks development and maintenance; lining North 7th Avenue, along with other avenues, with trees; and, planting of trees and flowers along the city entryways pursued by the Arts and Beautification Coordinator of the City. The Commission thanked Patagonia and Ms. Swanson for the generous contribution. Third quarter budget review Director of Administrative Services Gamradt presented the third-quarter budget re- view for Fiscal Year 1989 and further indicated the recommended budget amendments with their attendant explanations. Commissioner Hawks' question was answered by Mr. Gamradt stating the reason for the transfer of spending authority between the water and sewer funds was necessitated by a severe winter requiring transfer of personnel between the sewer and water departments, not additional personnel In the departments themselves. Mayor Stiff complimented the Director of Administrative Services on his ability to provide the Commission with concise and well written reports. It was moved by Commissioner Goehrun9, seconded by Commissioner Hawks, to ac- knowledge receipt of the Third Quarter Budget Review and to authorize the Mayor to sign the budget amendments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Appointment to Board of Adjustment (1) It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission appoint Jody B. May to replace by Jeff Ball on the Board of Adjustment, with a three-year term to expire December 31, 1991. The motion carried by the following 05-15-89 r ...~ .,. :7j i 1 t ~ .. "t -3- Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) Letter from Commissioner Vant Hull regarding Sister Cities. (2) The City Manager informed the Commission of his absence this coming Friday to attend the monthly M.M.I.A. meeting in Helena. (3) City Manager Wysocki indicated this coming week will complete the first go-round of budget sessions with the respective department heads; subsequent meetings will be scheduled for budget adjustments. (4) Commissioner Vant Hull requested the Commission's clarification of the Rules of Procedure, specifically the section that allows a Commissioner to bring a subject up once the item has been dispensed with by the Commission, suggesting the item should only be brought back if two or more Commissioners concur. Commissioner Martel stated there is a procedure in place and he feels it should be followed. Commissioner Vant Hull requested a motion on the subject; Mayor Stiff responded that, as Chair, it was inappropriate to consider a vote at this time. (5) Commissioner Goehrung stated he would be late for the meeting of the 30th due to school conflicts; he will arrive approximately 3:00 p.m. (6) Commissioner Goehrung informed the Commission that this coming Thursday will be the final session of the Leadership Bozeman seminars which he has attended; a summary report will be forthcoming to the Commission. (6) Mayor Stiff referred to the evaluations of the City Manager and the Clerk of the Commission which are included in the packet requesting these evaluations be returned to the Clerk by next Monday. (7) Commissioner Hawks informed the Commission of a meeting which took place last week between the Beautification Committee, Sweet Pea Committee, the City Manager and himself to discuss the upcoming position of the Arts and Beautification Coordinator and attendant selection committee. The subcommittee, comprised of Emily Swanson, Ralph Johnson (Chair), Kathy Dawkins, Bob Hawks, and City Manager Wysocki (ex officio), plans to short-list the seven candidate applications received to three, then interview for a recommendation, and present to the Committee of the whole; and, the Committee of the whole will make their selection of the Coordinator during their Tuesday evening meeting and forward their recommendation to the City Commission. 05-15-89 .# 'J ~..~ ,\ 1: l"'> '" " 1: -4- It was moved by Commissioner Vant Hull, seconded by Commissioner Martel to ap- point Commissioner Hawks as the Commission's representative on the selection committee for the Arts and Beautification Coordinator position. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Com- missioner Goehrung,Commissioner Hawks and Mayor Stiff; those voting No, none. (8) Commissioner Goehrung stated that the Arts Advisory Committee has been working on similar projects that the Beautification Committee Is and requested that consideration be given. to merging the two groups. City Manager Wysocki suggested this item be placed on an upcoming agenda to include filling an impending vacancy on the Beautification Committee. Commissioner Goehrung stated one member of the Arts Advisory Committee remains that being Katherine Helzer. Staff Update, RFQ Planning Process, Planning Director Andrew E. Epple Planning Director Epple distributed three RFQ's chosen by the Implementation Committee from twelve responses received from planning consulting firms around the nation. They are Kelly & Potter of Pueblo, Colorado, being land use attorneys in con- junction with Jim Duncan and Associates; BRW of Denver, Colorado being an engineer- ing/architecture/planning firm joint-venturing with Hamer, Siler & George, a planning consulting firm; and, Buckhurst, Fish, Hutton & Katz of New York City. Mr. Epple stated he and Commissioner Hawks, as representative on the Implementa- tion Committee, considered this time as appropriate to Invite the Commission to share in the interview proce,ss scheduled for Thursday, May 18. The Committee further suggested that the City and County Commissioners, Planning Board members and Zoning Commissioners, as well as City Manager Wysocki, Director of Public Service Phill Forbes, and Mr. Sam Glanfrandsco of the County meet personally with representatives of these firms on Thursday during the three meals scheduled: breakfast beginning at 7:30 a.m. at the Baxter Hotel, Lunch at 12:00 noon at the GranTree, and dinner at 6:00 p.m. at Gallatin Gateway Inn. Following the breakfast and luncheon meetings, the group plans to tour the jurisdictional areas and the planners' respective offices to include critical planning items from those offices. Friday will include In-depth formal interviews between the selected firms and the Implementation Committee, with the hopes that the process could be complete by mid-afternoon Friday. Planning Director Epple informed the Commission that the three firms will then sub- mit a formal detailed proposal to the Implementation Committee no later than the following Friday, May 26, 1989. He noted that two of the firms made comment that it would be dif- ficult for them to meet the detailed scope of services given the amount of dollars and time frame budgeted ; they would prefer to submit a proposal of what they could accomplish 05-15-89 .. ~ 'lr 1. -5- \ "'II'Ii .. .....j ,f~. ,1..;; based on the time-and-dollar budget. Commissioner Vant Hull asked if the firms have seen the Transportation Plan; Plan- ning Director Epple responded they had not but that the subject was mentioned in the RFQ. He indicated It will be further covered on Thursday. City Manager Wysocki asked that If those two firms who voiced doubts concerning their ability to meet the proposal requests were not chosen, does the third remaining firm become the successful candidate by default. Andy Epple stated that following similar discussions with the Implementation Commit- tee and the firms currently involved, it is understood that the proposals due on May 26 may not cover the full scope requested, rather the proposals will be submitted based on what that firm can do for the tlme-and-dollar budget offered. Further, the RFQ requested the firms list other groups they might use in accomplishing what they propose to do including specific functions of those groups. Responding to Mayor Stiff's query, Planning Director Epple stated the scope of services was sent out as a preliminary document outlining, in general terms, the kinds of planning and regulatory problems the community was experiencing; that It was felt once the firms were exposed to the area and its problems, they would be able to respond with a proposal that wouid meet our needs given the constraints of the time-and-dollar budget. Planning Director Epple responded to Commissioner Vant Hull's question by stating that the New York firm and the firm from Pueblo stated the scope was too large given the budget and time constraints of the request. He further stated that a fourth firm, from Illinois, withdrew their response. The Planning Director responded to Commissioners' concerns by stating that the firms have been directed toward policy concerns of the request, and touched lightly on the fact that maps can consume a budget quickly. Commissioner Hawks responded to the City Manager's queries concerning what spe- cifics will be requested from the firms by stating that ultimately the Master Plan must first be In place before the successful consulting firm can create the zoning documents. Com- missioner Hawks presumed some mapping may have to be accomplished to formalize the con- ceptual guidelines that the firm will use In creating the zoning documents; that implementa- tion will take place simultaneously, some during this process. He noted those firms being considered should be considered on their creativity as well as their planning expertise. City Manager Wysocki stated that specifics must be itemized in the request. Commissioner Martel stated the firms should be considered by their approach to the Items that are submitted. Commissioner Goehrung requested specifics be presented to the Commission by the Implementation Committee before any decision is made. 05-15-89 , ,--. 1'.." J. ..;,; , , '. l, .. " J: .. "t -6- Commissioner Hawks stated that the City/County Planning Board is the entity that will put In place the end result of the successful firm's product; that the final result and their recommendation will be given to the Commissions for their approval. Commissioner Hawks stated the responsibility of the update of the Master Plan belongs to the City/County Planning Board; and the Zoning Commission Is to help with the zoning code. Mayor Stiff suggested an independent individual be identified to run the public hearings as has been accomplished in the past for other such matters. Mr. Epple com- mented that there is an advantage to having a consultant run the publ Ie hearings, thereby removing staff and elected officials from a politically tenuous position. He noted the con,sultant would be a disinterested third party; and it would be preferable to have the consultant conduct the public hearings. City Manager Wysocki suggested a joint meeting of both the City and County Com- mission and to appoint a joint hearing officer. Commissioner Hawks commented on Mayor Stiff's statements regarding the unsuitable timing of the Ad Hoc Committee's request for Commission participation, since the information was available a couple of weeks ago, by saying the appointed Ad Hoc Committee has attempted to Inform the Commission, formally and informally. Mr. Epple extended a request on behalf of the Ad Hoc Committee that the Commis- sioners attend as many of the Thursday functions as possible, and to RSVP by Wednesday. He further informed the Commission that the County has extended a challenge to the City Commission to pay i the expense of those board members planning to attend as a form of appreciation for their volunteered efforts on behalf of their respective boards and the City. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. o. Claims It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission approve the Consent Items as listed above, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. 05-15-89 - (.... '",;" . " ; .. ... -7- Recess - 3:10 p.m. Mayor Stiff declared a recess at 3:10 p.m., to reconvene at 7:00 p.m., to conduct the scheduled public hearings. Reconvene - 7:00 p.m. Mayor stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled publ ic hearings. This was the time and place set for the public hearing on the Conditional Use Per- mit requested by Ken LeClair to allow construction of a planned unit development contain- ing 31 condominium units and 4 single-family detached homes on Blocks 2, 3, 4 and 5, in Graf's First Subdivision, Second Filing. The site is more commonly known as 1755 Highland Boulevard. Mayor Stiff opened the public hearing. Ms. Debbie Arkell, Assistant Planner, stated there were four letters received from the public on the subject: three in opposition, and one in favor of the project. Those in opposition to the project are Robin and Robert Moore of 1210 South Pinecrest Drive; Charles and Nadine Kistler of 907 O'Connell Drive; and a recently received letter from Brian Cooke, 1814 Kenyon Drive. All voiced concerns regarding a condominium develop- ment in a single-family residential area, the increased traffic generated by such a develop- ment, and the proposal to change Josephine Park access. The one letter of support was received from Lyle and Laurie Howell, 904 O'Connell Drive, stating the development would be an asset to the neighborhood and further stated it is their feeling that off-street and motor vehicle access is not needed for Josephine Park. The Assistant Planner stated the applicant Is proposing to develop a five-phase Planned Unit Development on the subject property, and that he is in the process of amending the subdivision plat to vacate Lovelace Drive, Sweet Street and a portion of O'Connell Drive, aggregating the 24 lots in Blocks 3, 4 and 5 into one lot. A private road system will then be designed to serve the development. The four single-family lots In Block 2 will be served by Kenyon Drive, a public street which is currently undeveloped. Kenyon Drive must be completed to City standards before these lots are developed. Planner Arkell further stated that if the Highwood Estates Planned Unit Development is approved by the Planning Board and City Commission, it will consist of 31 condominium units, eleven of which will be two-unit structures, three of which will be three-unit struc- 05-15-89 " t.....;... ~. ~ ~ i ... . . r" .. -8- tures. The middle unit of each structure will be two stories. These units will be developed on Blocks 3, 4 and 5; and four single-family detached custom homes will be constructed on four lots in Block 2. Ail roads, off-street parking stalls, and landscaped areas in the condominium development will be classified as common open space, that being 60% of the development which exeeds the 30% requirement; and it will be owned and maintained by the property owners' association. Kenyon Drive, which serves the four single family lots in Block 2, will remains pub"lie street. The developer has listed 26-foot wide streets when in fact only 20-foot-wide streets are required. Ms. Arkell indicated that the proposed building heights would be limited to the 24-foot R-2 District requirement, Indicating that the proposed height, based on the accepted measurement theory, Is only 23-1- feet. The Assistant Planner indicated the Zoning Commission recommended denial of this application during their April 25, 1989, meeting based on the criteria of site drainage, parkland access and the quality of the development. Subsequently, the developer, his representatives, the planning staff, Park Superintendent and the Director of Publ ic Service met to address these concerns. It was decided that adequate engineering, berming and ponding in the proposed drainage areas would mitigate the problem. During this meeting, four options for vehicular access to Josephine Park and the City water tank were discussed. They were: (1) widening of the existing road which would provide level parking, and refencing the area around the tank; (2) utilizing the existing 30' sanitary sewer easement; (3) eliminating the 30' sanitary sewer easement, relocating it to the northern boundary and utilizing that as the particular access; and (4) the developer purchasing the City-owned lot south of the water tank and using it as park access. This fourth option was discouraged by the Director of Public Service In that it would necessitate further purchasing of property to properly develop the access. The Recreation Advisory Board's concerns were listed by Planner Arkell as follows: The Board felt it was acceptable to vacate Lovelace and Sweet Streets; however, they did not feel public vehicular access was necessary into Josephine Park. Further, the Board would like to see a 15-20' trail along the north boundary of the property extending from Kenyon Drive to Highland Boulevard thus providing the needed access to the park. It would be desirable to have some on-street parking spaces on the north end of Kenyon Drive and to retain the access road to the water tank between Lots 3-A and 4-A. Following review of the Recreation Advisory Board's letter, Planner Arkell stated that the Director of Public Service suggested utilizing Option No.3, which would relocate the existing 30' sanitary sewer easement to the north and combine it with the existing linear park trai I, thus providing 51' of access for both pedestrian and vehicular access to the park. 05-15-89 ,~ :Ii ,-. ~"", 'l" . . J" l' ",;. -9- Planner Arkell then reiterated the recommended denial of the application by the Zoning Commission. Mr. Mike Money, 105 Teton Avenue, representing the applicant, indicated that no activity has taken place In the subdivision since its platting in early 1980. He further noted that no Improvement bonds were sold; and according to a note on the Final Plat, if improvement bonds are not sold, the Plat may be vacated. Mike Money described the proposed development stating that due to the unique de- sign constraints based on the topography of the parcels and the water tower placement causing drainage problems, a creative development approach is necessary. Mr. Money stated the developer is asking approval for 31 units when in fact the zoning regulations would allow 44 with 0 lot line development being permitted. Further, Mr. Money stated that the question of the quality of Mr. LeClair's development should not be an issue pointing to Mr. LeClair's Woodbrook, Riverside, Cedarwinds and Southbrook developments (whose quality speaks for themselves). He further stated that pedestrian traffic has been addressed so as to keep it to a minimum within the development, based on the developer's past experience with occupants who have Indicated this activity is an aggravation. Park access has been deterred by curfew restrictions because of past abuse in the area. The development proposed is to be completed in five phases beginning in the winter of 1990 and concluding in the winter of 1996, allowing change to meet the market's needs. Mr. Money then summed up his presentation by stating the development meets, and in most cases, exceeds zoning requirements; and the drainage problem can be addressed through several previously discussed alternatives. Mayor Stiff clarified with Mr. Money that the applicant agrees to all of the conditions I isted by staff. Mr. Money responded to Commissioner Vant Hull's question by stating there will be no garbage enclosures--the garbage is within the individual units themselves and hauled by private owners. The parking will be screened with either heavy landscaping or fencing. Commissioner Goehrung asked Mr. Money to elaborate on the applicant's request to adjust siting of structures to meet future demands. Mr. Money responded that should a multi-floor unit need to be changed to a single-level unit, the structure may need expanding to accommodate window requirements and desired floor space, with a single car garage rather than a double-car garage. The boundaries, as described, will never be exceeded nor wi" density be increased. Further, the market can change dramatically in five years; and the developer is asking flexibility to meet those changes. Mayor Stiff asked Assistant Planner Arkell If the height and density restrictions for this development are the same as required in single-family developments. Ms. Arkell 05-15-89 1 ~.~ . . I"', .. -10- .Ii' t\' ... responded that the density allowed in the R-2 district, through the Planned Unit Development process, is five per acre, while the Subdivision Regulations allow seven units per acre. The applicant is proposing 3.6 units per acre. Responding to Mayor Stiff's question on the park access, Ms. Arkell stated that ideally the access prOblem would be solved jointly by the Park Superintendent and the Director of Public Service in conjunction with the Recreation Advisory Board and the developer. The Mayor then asked if pursuing Option 3 wouldn't terminate that existing access until Phase 5 was realized. Assistant Planner Arkell responded that all access would then come off Kenyon Drive with the exception of the City-owned property. Commissioner Martel suggested park access could occur through Kenyon Drive over the City-owned lot until the developer completes Phase 5 of the project. Ms. Arkell responded it would be possible if an agreement existed with the City. She further explained that Option #3 may not be feasible because of engineering problems with sanitary sewer lines; and further study by staff is warranted. City Manager Wysocki responded to Commissioner Vant Hull's suggestion by stating it would encourage foot traffic to cross Highland Boulevard when, in fact, the Commission made a conscious decision to discourage foot traffic across Highland Boulevard. Commissioner Vant Hull suggested the foot traffic would go to Highland and then to Kagy Boulevard south. Ms. Arkell added that taking footage from easements would reduce the road size. Responding to Commissioners' Martel and Vant Hull questions of TV antennas and dishes, Ms. Arkell stated they must meet setback requirements. Mr. Mike Money informed the Commission that Mr. LeClair is willing to plant trees in the park and is willing to maintain them if the City is willing to provide the water, and to do so until such time as the City is willing to assume responsibility for them. Mr. Money then responded to Commissioner Hawks' concerns of proper drainage for the development by indicating the water would drain thru the natural drainage boundary to the northeast. Answering Commissioner Vant Hull's questions, Mr. Money responded the square footage of each unit will be from 1,600-1,800 square feet plus on one level; the two-story units will be closer to 2,000 square feet each and within the 24-foot height requirement, measuring from the mean line with actual pitch height of 27 feet. Further, the units will not be placed within the ridge line of the property. Commissioner Vant Hull voiced concerns regarding the height of the units that will be placed on the ridge at a later date; and, when new height restrictions are instituted, would those new restrictions be enforceable if the Commission approves this subdivision now. 05-15-89 -I.~ r'\ '.,. "~" . 'f.'> t ,',,-" ..--... .-... -11- Mr. Money responded that if a building permit is secured in the near future and kept active, the current height restrictions would be enforceable for all future development of this subdivision. Mr. Money then responded to Commissioner Hawks' question by stating the applicant is agreeable to signing a Waiver Of Protest for future SI D's and sidewalk installation on Highland Boulevard and O'Connell Drive as long as it does not exceed half of a required local street standard including sidewalks. Assistant Planner Arkell responded to Commissioner Vant Hull's concerns regarding future units becoming rentals by stating that the Home Owners' Association covenants would be reviewed by the Planning Director as per proposed Condition No.3. No one was present to speak in support of this conditional use permit. Speaking in opposition of this conditional use permit were: Lucy Cook, 1814 Kenyon Drive, opposed because the zoning is being changed from the R-2, single-family zoning to two-story multi-family dwellings; and because changing the access of Josephine Park from Kenyon Drive will create an unplannned increase in traffic. Mr. Jim Veltkamp, 1804 Kenyon Drive, stated he was not aware of the plans to place the water tank at its present location nor was he aware of the lack of covenants for the area. He stated that during construction of his home, vandalism occurred twice on his property, and there is a constant battle with excessive drinking and parties that take place at the water tank. Mr. Veltksmp stated that since the 8 o'clock curfew was imple- mented, the situation has Improved significantly. He also stated that he objects to the height of the buildings surrounding his property, and the proposed access to the park. Commissioner Vant Hull questioned the height requirements as it relates to the Bozeman Municipal Code. Assistant Planner Arkell responded that building height means the vertical distance from the average elevation of the proposed finish grade at the front of the building, the highest point ofa flat roof, the deck line of a mansard roof, and the mean height (which Is the half height being discussed here) between eaves and ridge for gabled, hip and gambled roofs. Mayor Stiff responded to Mr. Veltkamp's question by stating there are options to be considered when the Commission makes their decision after the public hearing is closed. Commissioner Vant Hull asked Mr. Veltkamp if he and his neighbors would support this application if the code was changed to decrease the roof height requirement. Mr. Veltkamp responded affirmatively. Mayor Stiff then commented he felt Commissioner Vant Hull's questions were not apropos to the public hearing now being conducted, and the remaining Commissioners concurred. Commissioner Vant Hull then request-ed the City Attorney research the issue of 05-15-89 . "".,',':...;,. '. . . . . 1', 1" 1.... J<' W .. -12- allowing the Commission to add a condition restricting heights of buildings. Ken LeClair, developer, stated the only view that would be "broken" in this development is that of the water tank from the community's view. Mayor Stiff closed the public hearing. It was moved by Commissioner Martel to waive the customary one-week waiting period. The motion died for lack of a second. Mayor Stiff announced a decision on this application for a Conditional Use Permit for will be forthcoming in one week. Break - 8:09 - 8:14 p.m. Mayor Stiff declared a break from 8:09 p.m. to 8:14 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. range This was the time and place set for the continued public hearing on the Conditional Use Permit requested by by David Jarrett to allow the expansion in range of permitted uses on Lots 1, 2 and 5 of Tai Lane Addition. The site is more commonly known as 5-19 Tai Lane. Mayor Stiff opened the continued public hearing. Tom Sheely, Assistant Planner, stated the application before the Commission is a request by Mr. David Jarrett to expand the allowable uses on the subject property without the requirement for a Conditional Use Permit in the B-1 district. He further stated that Lot 1 currently has several business uses including a restaurant, laundry, grocery store, clothing and shoe repair store, and some apartments. Additional parking is proposed as per staff's recommendation based on highest use of the subject property. Mr. Sheely informed the Commission that staff's concerns regarding the lack of adequate fire protection for the existing structures has been addressed through two options: if the applicant does not tie into City water, then he may, by agreement with the City and approved by the Fire Marshal, come up with an alternative system, or the applicant may tie Into the hydrant that Excellence Theatres will be Installing in their expansion. The Assistant Planner reported that the Director of Public Service recommended that the applicant tie into City water with no alternatives. Assistant Planner Sheely stated that the applicant, Mr. Jarrett, has improved his property with curbing and a partial sidewalk; and Lincoln Street has been paved indicating that most improvements are almost complete. He further stated that the Director of Public Service recommended the applicant sign a waiver of protest for SI D's to improve Lincoln Street. 05-15-89 It .. ... ) '" .... . r.r (..,. ..' l'I' '" -13- Mr. Sheely reported that the Zoning Commission recommended approval of this application subject to 12 conditions during their meeting of April 25. Mr. David Jarrett, 3309 Sundance, indicated there are two B-1 districts in Bozeman, one of which he controls, and that there is no duplication of use between the two. He further stated that the request before the Commission is an effort to consolidate the process. In referring to Condition No.3, Mr. Jarrett stated that the total amount of square footage of Lot 4 will be a maximum of 4,000 square feet. Mr. Jarrett opposes Condition No. 4 stating that he objects to waiving his rights to protest years in advance of an improvement thereby placing a lien on his property. Addressing Condition No.6, Mr. Jarrett stated he felt it was an impossibility to install a looped water system, noting the cost was prohibitive considering he owns a small percentage of the surrounding property that would benefit from this installation. He noted there is City water running from Kagy Boulevard to the Sawtooth Apartments with Excellence Theatres extending that water to the central portion of this B-1 district. Mr. Jarrett stated it may be possible for him to extend that service to his property if the flow rate could accommodate the tie-in. Mr. Jarrett then stated he has no problems with the remaining proposed conditions for approval of his application. Commissioner Vant Hull addressed the possibility of the applicant providing a property boundary barrier other than a wooden fence. Mr. Jarrett responded that there is currently a lilac hedge planted. To the west is a horse pasture which currently precludes any vegetation-type planting; and that it is an easement for the water to the apartments. Mr. Jarrett indicated that he has considered a future currant bush planting for the area in question. Tom Sheely responded to Commissioner Vant Hull's query by stating that this applicant is going through the CUP process for this B-1 district; other B-1 districts would have to follow the same process for additional uses in their B-1 district. Commissioner Martel stated he had concerns about Condition No.4. Mr. Jarrett stated that he has good water; that the students from the apartments come over to his complex to get his water; and that he wasn't about to hook his buildings up to the City water system. Answering Commissioner Vant Hull's question regarding Condition No.4, the City Manager stated the applicant would pay half the costs of a local street installation. Mr. Jarrett indicated he is still paying on an SID right now; Commissioner Vant Hull Indicated that the current street pavement was installed sometime back, and that perhaps Mr. Jarrett's SI D is for sewer, not street pavement. 05-15-89 :~,;' ~ ~. .V" ..:- ~ ('" .. -14- .11 t r.. Speaking In support of this application was: Lyle Carter, owner of Village Cobbler, stated he enjoys the location and supports this application. No one was present to speak in opposition of this appl icatlon. City Manager Wysocki Informed' the 'Commission that half a local street is 17 feet of mat with curb, gutter and sidewalk and attendant base; and that the past pavement project on Lincoln Street is not part of a current SID. He further noted the types of businesses being proposed must have adequate fire protection service as Is required of any other such businesses in Bozeman. If basements are used, the City requires sprinklers as protection for the public. Our policy Is to accept either the street being put in place, as per our needs, or signing a waiver so that the City can accomplish the installation at a later date. The City Manager then clarified the conditions. Commissioner Martel stated he considered Condition No. 4 as punitive. Mr. Jarrett responded that he is not opposed to an SI D for Lincoln; but he does not want to sign away his right to oppose or promote the creation of an SID or improvement to that street. He noted that the University owns half of the property abutting the street, and therefore feels their wishes would prevail. Mr. Jarrett commented that if the City chose to instatl a traffic light at South 19th Avenue and West Lincoln Street, he would be willing to participate in that Sl D. Commissioner Hawks, referring to Condition No.4, stated that the policy for requiring a waiver of protest on adjacent streets during the conditional use process is in his view a representation of an uneven approach to distribution of these obligations; that staff has in the past indicated broadening the policy to include all people who might be impacting a particular street. He then asked how long will it be before that policy is brought to the Commission. The City Manager responded to Commissioner Hawks by stating staff has not received that direction from the Commission, and that staff is currently attempting to meet past directives of the Commission now. Mayor Stiff closed the continued public hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks that the the customary one-week waiting period be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission approve the Conditional Use Permit requested by David Jarrett to allow the expansion in range of permitted uses on Lots 1, 2 and 5, Tai Lane Addition, subject to the following conditions: 1. The following uses shall be allowed, without a Conditional Use Per- mit, on Lots 1 and 5 of the Tai Lane Addition to the City of Bozeman. Only those activities completely enclosed within a building 05-15-89 .:... '..:~ '; :. ~-,;;.~ ..OM1l;:. r . .. C/'~~ , .. r.tJ .~, .II or .. -15- will be permitted: Financial Institutions Beauty Salons, Barber Shops, Tanning Salons Professional and Business Offices Aerobic, Gymnastic and Fitness Centers Nonalcoholic entertainment centers Arcades Art and Music Supply Stores Equipment Sales and Service Food and Drug Stores Clothing Stores Flower Shops Video Sales and Rentals Other Similar and Compatible Uses as approved by the Plan- ning Director 2. The final site plan for this project must include an additional snow storage area, and proposed curbing and paving details and section; 3. The applicant shall provide a total of 34 off-street parking spaces for Lot 1 in full compliance with Section 18.62 of the Zoning Code including paving, curbing and striping. Any proposed parking ar- eas in addition to this requirement shall also conform to Section 1 8.62 of the Code; 4. The property owner must complete the engineering design and con- struction of Lincoln Street curb, gutter, and one-half local street paving adjacent to the property, or the property owner shall sign a waiver of right to protest for the creation of a Special Improvement District for the above improvements to Lincoln Street; 5. Detention of the storm drainage from the site must be provided on-site. Treatment of storm waters for oil and sediments must also be provided. A complete, engineered drainage plan must be submit- ted and approved by the City Engineer's Office; 6. A looped waterline with fire hydrants must be provided for this site and the existing building shall be connected to City water service. Alternatively, a water supply system capable of providing adequate fire flow for the subject property and approved by the City Fire Marshal shall be provided with a water supply system plan with an acceptable time frame to the City Fire Marshal prior to Final Site Plan approval; 7. A waiver of right to protest creation of a Special Improvement Dis- trict for the installation of traffic lights at the intersection of Lincoln and 19th Avenue shall be signed by the property owner; 8. The parking lot proposed for the west portion of the subject proper- ty shall be screened from the adjacent II RS-l" residential district per Section 18.62.120 of Zoning Code; 9. The existing structure on Lot 1 shall be inspected and certified by the City Building Official and City Fire Marshal as meeting the re- quirements of the Uniform Building and Fire Codes prior to final site plan approval; 10. Three copies of the final site plan containing all the conditions, cor- rections and modifications, approved by the City Commission shall be submitted for review and approval by the Planning Director within six (6) months of the date of City Commission approval or prior to the issuance of a building permit, or business license for the project, whichever comes first. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant; 11. If parking improvements are not installed prior to final site plan ap- proval, the applicant shall enter Into an Improvements Agreement with the City. Detailed cost estimate, construction plans, and meth- ods of security shall be made a part of that agreement. The Agree- ment must be secured by a method of security equal to one and one 05-15-89 : .... -16- .... .' t. half times the cost of the scheduled improvements not completed at that time; 12. The Conditional Use Permit shall be valid for a period of 18 months following approvai of the final site plan. Prior to the permanent re- newal of the permit at the end of that period, the applicant must satisfy all the conditions In the grantin9 of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all reqI,Jired conditions have been satisfied, the per- mit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrun9 and Mayor Stiff; those voting No, none.. Adjournment - 9: 05 p.m. There being no fur~her business to come before the Commission at this time, it was moved by Commissioner Vant Hull ,seC~nded by Commissioner Martel, that the meeting be adjourned. The motionca,.,.led tt)1,~tf1~t:fpllowing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel , Commissioner Goehrung, Commissioner Hawks and Milyor Stiff; those voting No, none. 05-15-89