HomeMy WebLinkAbout2002-09-16 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 16, 2002
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, September 16, 2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro,
City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff
Attorney Tim Cooper and Clerk of the Commission Robin Sullivan.
Signing of Notice of Special Meeting
Each of the Commissioners, in turn, signed the Notice of Special Meeting.
Executive Session re personnel - evaluations of Clerk of the Commission and City Manager
At 3:00 p.m., Mayor Kirchhoff announced that, pursuant to Section 2-3-203(3), Montana Code
Annotated, the Montana Constitution and the Montana Supreme Court rulings, he, as presiding officer, has
determined that the right to privacy clearly exceeds the merits of public disclosure and announced that the
employees have not waived their right to privacy. He then called an executive session for the purpose of
evaluating the Clerk of the Commission and the City Manager and requested that all persons except the
Commissioners, City Manager and the Clerk leave the room.
At 5:45 p.m., Mayor Kirchhoff closed the executive session and reconvened the open meeting.
Recess - 5:45 p.m.
Mayor Kirchhoff recessed the meeting at 5:45 p.m., to reconvene at 7:00 p.m. for the purpose of
conducting the scheduled public hearings and completing the routine business items.
Reconvene - 7:00 p.m.
Mayor Kirchhoff reconvened the meeting at 7:00 p.m.
Pledge of Allegiance and Moment of Silence
The meeting was opened with the Pledge of Allegiance and a moment of silence.
City Manager Johnson requested that Commission Resolution No. 3540 be removed from the Consent
Items for discussion.
Minutes - January 18, 2000, and May 13, August 19 and September 9, 2002
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of
the meetings of August 19 and September 9, 2002, be approved as submitted. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
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Mayor Kirchhoffdeferred action on the minutes of the meetings of January 18, 2000, and May 13, 2002,
to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Authorize Mayor to sign - Modification to the CTEP General Project Development and
Construction Agreement for STPE 1299(18) Milwaukee Road RailTrail -
Bozeman project
Authorize City Manager to sign
Agreement for Expedited
Maierle, Inc.
- Amendment No. 1 to Professional Services
Land Development Review Services - Morrison-
Authorize City Manager to sign - Agreement with WalMart approving efforts required
by Condition No. 44 to mitigate adverse impacts of project
Amended conditions of approval for CDBG economic development loan for MicroLab,
Inc., to allow personal guarantee to be provided by five shareholders rather
than a single principal shareholder, per CDBG Economic Development Loan
Review Committee recommendations
Claims
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission
approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the
necessary actions. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor
Kirchhoff; those voting No, none.
Public hearing - intent to annex 1.75 acres described as Tracts lA and 2A, COS E-9-C, Longacres
Subdivision (southeast corner of intersection of Kagy Boulevard and Sourdough Road) - Norman
Benjamin (A-02008)
This was the time and place set for the public hearing on the intent to annex 1.75 acres described as
Tracts lA and 2A, Certificate of Survey No. E-9-C, Longacres Subdivision, as requested by Norman Benjamin
under Application No. A-02008, as established by Commission Resolution No. 3538, entitled:
COMMISSION RESOLUTION NO. 3538
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Mayor Kirchhoff opened the public hearing.
City Manager Johnson asked that the public hearing be continued to October 21, per the applicant's
request.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the public hearing
be continued to October 21, per the applicant's request. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman,
Commissioner Hietala and Mayor Kirchhoff; those voting No, none.
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Public hearing - Zone Map Amendment - establish initial zoning designation of "R-2" on 1.75 acres
described as Tracts IA and 2A, COS E-9-C, Longacres Subdivision (southeast corner of intersection
of Kagy Boulevard and Sourdough Road) - ThinkTank Design for Norman Benjamin (Z-02150)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
ThinkTank Design for Norman Benjamin under Application No. Z-02150 to establish an initial zoning designation
of "R-2", Residential-Single-household, Medium-density, on 1.75 acres described as Tracts lA and 2A,
Certificate of Survey No. E-9-C, Longacres Subdivision.
Mayor Kirchhoff opened the public hearing.
City Manager Johnson asked that the public hearing be continued to October 21, per the applicant's
request.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the public
hearing be continued to October 21, per the applicant's request. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala,
Commissioner Brown and Mayor Kirchhoff; those voting No, none.
Public hearing - Major Site Plan and Certificate of Appropriateness to allow construction of 48-room
hotel with conference center on Lot 1, Amended Subdivision Plat of McChesney Industrial Park, with
deviations from Section 18.43.060 and 18.50.120, Bozeman Municipal Code, to allow building and
parking to encroach up to 10 feet into required 50-foot Class I Entryway Corridor setback and to allow
smaller loading berth - Apogee Architects for John and Diana Hultman (620 Nikles Drive) (Z-02184)
This was the time and place set for the public hearing on the Major Site Plan and Certificate of
Appropriateness requested byApogee Architects for John and Diana Hultman under Application No. Z-02184,
to allow the construction of a 48-room hotel with conference center on Lot 1, Amended Subdivision Plat of
McChesney Industrial Park, with deviations from Sections 18.43.060 and 18.50.120 of the Bozeman Municipal
Code, to allow the building and parking to encroach up to 10 feet into the required 50-foot Class I Entryway
Corridor setback and to allow for up to a 20-percent decrease in the size of the loading berth. The subject
property is located at 620 Nikles Drive.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Jami Morris presented the staff report. She stated the subject property fronts on
Nikles Drive, its side yard is adjacent to North 7th Avenue, and it backs onto the 1-90 corridor. Both North 7th
Avenue and 1-90 are designated as Class I entryways, resulting in larger setbacks than normal. She indicated
that staff has reviewed this application in light of the applicable criteria, and staff's findings are contained in the
written staff report.
Assistant Planner Morris reviewed the two requested deviations. She indicated that the applicant is
requesting a 20-percent deviation to the required dimensions of the loading berth. The second deviation was
initially requested for both the building and the parking area, allowing them to encroach up to 10 feet into the
50-foot required setback. The applicant has subsequently prepared a revised drawing that meets the setback
requirements for the building, with the parking still encroaching into the setback. She noted that the Design
Review Board reviewed this application and recommended approval of the deviations as requested under this
revised plan, subject to several conditions. Also, she noted the applicant requested up to a 25-percent
increase in signage for the project since the site is located in the interchange overlay zone; and the Design
Review Board has forwarded a recommendation that the Commission not approve that request.
Mr. Jerry Smania, Apogee Architects, reviewed the challenges and restrictions of the site, including
three street frontages, two of which have a 50-foot setback requirement and an unusual geometry. He
indicated that half of the lot is dedicated to setbacks, and the acute angle on one end and the curve in the
boundary along North 7th Avenue created by dedication of additional right-of-way have provided significant
challenges in creating a viable project that will fit on the site. To respond to the site constraints, he has created
a triangular building that fits comfortably on the site and, with the requested deviation, he feels the parking lot
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is a better design. The building is to have a brick base, facades with undulations and accents of copper
awnings, and a combination of mansard roofs.
Mr. Smania stated that, when looking at the site, one sees the road, cut grass, a 5-foot-high chain link
fence and litter, then the landscaped portion of the site. He proposed that, if allowed, plantings be located to
soften the fence and blur the line between the right-of-way and the site.
No one was present to speak in opposition to the proposed project.
Commissioner Brown stated he does not support the requested increase in signage; a majority of the
Commissioners concurred with him.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Major Site
Plan and Certificate of Appropriateness requested by Apogee Architects for John and Diana Hultman under
Application No. Z-02184, to allow the construction of a 48-room hotel with conference center on Lot 1,
Amended Subdivision Plat of McChesney Industrial Park, with deviations from Sections 18.43.060 and
18.50.120 of the Bozeman Municipal Code, to allow the building and parking to encroach up to 10 feet into the
required 50-foot Class I Entryway Corridor setback and to allow for up to a 20-percent decrease in the size of
the loading berth, be approved subject to the following conditions:
If the Class I, 50-foot Entryway Setback is approved then the property owner shall
provide 20 percent additional landscape groupings including trees, shrubs and earthen
berms within the 1-90 setback.
Per Guideline A.1. All Corridors, additional landscaping shall be provided within the
parking lot totaling at least 10 percent of the parking area. Each planting area should
be at least 300 square feet in area and should contain at least one major tree and
groundcover.
The landscape plan shall meet the minimum standards set forth in Section 18.49.070,
"Landscape Performance Standards." Two additional large canopy trees shall be
planted within the parking lot landscaping in order to meet the 10 points identified under
18.49.070. B.
The landscaping provided within both Class I Entryway setbacks, to meet the
Landscape Performance Standards and Landscaping in Lieu of Parking, shall be
grouped and planted in beds with a weed barrier material.
o
Per Section 18.50.110.B.3.b "Landscaping in Lieu of Parking", three hundred and fifty
square feet of landscaping, trees, streetscaping or sculptural elements must be
installed for every space deleted. In order to meet the landscape requirements
outlined in Section 18.49.060"Mandatory Landscaping Provisions", Section 18.49.070
"Landscape Performance Standards" and receive approval for landscaping in lieu of
parking, 1,750 square feet of landscaping shall be provided within the North 7th Avenue
yard setback.
Per Guideline A.2. All Corridors, there must be at least one clearly designated route for
pedestrians between the parking area and the main entrance. A raised walkway
designated with pavers or pigmented concrete shall be provided from the end of the
north drive aisle to the primary building entrance.
Per Guideline B.6. All Corridors, rooftop mechanical equipment shall be fully screened
by incorporating the equipment into the roof form or hidden behind the parapet wall.
No rooftop or ground-mounted mechanical equipment shall be visible from adjacent
properties and public streets. All mechanical equipment shall be completely screened
from view and depicted as such on the final site plan. Any proposed rooftop
mechanical equipment shall be incorporated into the roof form as an architectural
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10.
11.
12.
13.
14.
15.
16.
feature that incorporates similar materials and elements as that of the building and all
ground or wall mounted equipment shall be completely screened from view, prior to
temporary occupancy being issued for the building. In order to screen wall and/or
ground-mounted mechanical equipment, the Planning Office will accept the installation
of a wall constructed of materials matching the building orthe installation of evergreen
shrubs planted at a height to obscure the equipment.
Not more than 1/3 of the front yards may be utilized for stormwater detention/retention
and shall not exceed a 1½-foot depth and shall provide a maximum slope of 1:4.
An 8-foot wide boulevard and a 5-foot wide sidewalk shall be constructed along North
7th Avenue. The sidewalk shall be constructed within the designated North 7th Avenue
right-of-way that provides disabled accessible access. The design and location of the
sidewalk must take into account the existing street lights and must be reviewed and
approved by the City of Bozeman and Montana Department of Transportation.
A Stormwater Drainage Plan/Treatment Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease and other pollutants from the run-off from
the private and/or public streets must be provided to and approved by the City
Engineer. The plan must demonstrate adequate site drainage (including sufficient flow
directional arrows and spot elevations along drainage courses), stormwater
detention/retention basin details (including basin sizing and discharge calculation and
discharge structure details), stormwater discharge destination and a stormwater
maintenance plan. If the grading design discloses any adverse impact to off-site
properties, necessary design alterations and/or drainage conveyance devices and
easements must be provided.
The stormwater drainage/treatment plan shall include a Maintenance Plan which must
be provided to and approved by the City Engineer. The plan shall include the following:
description of maintenance operations, frequency of inspections and maintenance,
responsible parties and record keeping methodology.
Plans and specifications for any fire service line shall be prepared in accordance with
the City's Fire Service Line Policy by a professional engineer, licensed in the state of
Montana, and be provided to and approved by the City Engineer prior to initiation of
construction of the fire service line or fire protection system. The applicant shall also
provide professional engineering services for construction inspection, post-
construction certification, and preparation of mylar record drawings.
Written approval of the proposed use of the access from Nikles Drive onto North 7th
Avenue shall be attained from the Montana Department of Transportation and provided
prior to final site plan approval.
A Warrant Analysis shall be prepared by a Professional Engineer and submitted to the
Engineering Department for the currently uncontrolled intersection of Nikles Drive and
Gilkerson Drive to determine the need for signage. Any required signage shall be
installed at the owner's expense.
According to the as-builts, the lot has a %-inch water line and a 4-inch sewer line. The
%-inch line shall be removed and replaced with a tap for a 1½-inch water line at the
owner's expense.
The 4-inch sewer service depicted on the site plan may not be adequate for a 48-room
hotel. The property owner should consider removing the 4-inch sewer line and
replacing it with a 6-inch sewer line. In the event the property owner chooses to
replace the 4-inch service with a 6-inch service then the Water/Sewer Department will
remove and replace the tap at the owner's expense.
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17.
The applicant must submit seven (7) copies of a final site plan within 6 months of
preliminaryapproval containing all of the conditions, corrections and modifications to
be reviewed and approved by the Planning Office.
18.
A building permit must be obtained prior to the work, and must be obtained within one
year of final site plan approval. Building permits will not be issued until the final site
plan is approved. Minor site surface preparation and normal maintenance shall be
allowed prior to submittal and approval of the final site plan, including excavation and
footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING
PERMIT IS OBTAINED.
19.
The applicant shall enter into an Improvements Agreement with the City to guarantee
the installation of required on-site improvements at the time of final site plan submittal.
If occupancy of the structure is to occur prior to the installation of all required on-site
improvements, the Improvements Agreement must be secured by a method of
security equal to one and one-half times the amount of the estimated cost of the
scheduled improvements not yet installed. Said method of security shall be valid for
a period of not less than twelve (12) months; however, the applicant shall complete all
on-site improvements within nine (9) months of occupancy to avoid default on the
method of security.
20.
As stated in Section 18.50.110.B "Stall, Aisle and Driveway Design", the compact
parking spaces shall be identified with a sign permanently affixed immediately in front
of each space containing the notation "Compacts Only".
21.
Per Section 18.50.110. F.3 "Disabled Accessible Parking Spaces", accessible spaces
shall be located as near as practical to a primary entrance. Parking spaces and
access aisles shall be level with slopes not exceeding 1:50 in all directions. Raised
signs shall be located at a distance no greater than five feet from the front of each
accessible space and shall state "Permit Required $100 Fine". One of the disabled
accessible spaces shall also be signed "Van Accessible".
22.
A Sign Permit Application shall be reviewed and approved bythe Planning Office prior
to the construction and installation of any signage on-site in accordance with Section
18.65 of the City of Bozeman zone code, including contractor, real estate and lending
institution signs temporarily posted on-site during and after construction of the building.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No,
none.
Continued public hearing - Major Site Plan - TriStar Communications for Barry Brown and Jerry Locati
- allow development of 180-foot-tall telecommunications tower with associated support equipment
on portion of Block 49, Northern Pacific Addition (Jayhawk Tower, 528 North Broadway Avenue)
(Z-02144)
This was the time and place set for the continued public hearing on the Major Site Plan requested by
TriStar Communications for Barry Brown and Jerry Locati under Application No. Z-02144, to allow development
of a 180-foot-tall telecommunications tower with associated support equipment on a portion of Block 49,
Northern Pacific Addition. The subject project is known as the Jayhawk Tower, and is located at 528 North
Broadway Avenue.
Mayor Kirchhoff reopened the continued public hearing.
Planning Director Andy Epple presented the staff report on behalf of Associate Planner Chris
Saunders. He gave a very brief overview of the project, noting that this public hearing has been continued
several times since August 12 due to an advertising problem that has now been corrected. He reminded the
Commission that the original staff report recommended approval, subject to seven conditions.
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The Planning Director noted that the latest continuance on this project was to give the applicant an
opportunity to provide additional information, in response to Commission action on the Lux tower; and that
information was submitted in a letter dated September 13. In his letter, Mr. Reger suggests that he be allowed
to construct a 100-foot tower initially, expandable to 150 feet and eventually to 180 feet, as contracts are
negotiated and signed. He also provided an analysis on the availability of alternate locations, in which he
indicated there are no facilities available within a one-mile radius of the proposed tower to accommodate a
company with needs in the 120-foot to 150-foot height range.
The Planning Director noted that, also on September 13, Associate Planner Chris Saunders prepared
a memo to the City Manager regarding impacts on the E911 communication system. In light of his findings,
the Associate Planner forwarded recommendations to add three items to the telecommunications chapter of
the zone code and, in the meantime, implement a City policy to be followed. He briefly reviewed those items,
which include a requirement for E911 system interface with wireless communication systems that includes
an automatic location identification database, payment of a portion of the costs to the City to implement the
E911 service, and allowing emergency and public service wireless communication equipment to be located
on towers capable of hosting three or more broadcast facilities.
In response to Mayor Kirchhoff, the Planning Director reviewed the Lux tower site and application. He
noted that, in denying that application, the Commission questioned whether a true demonstration of need was
established, whether it met the criteria for aesthetic and community compatibility, and whether it was the least
intrusive and obtrusive way of providing telecommunications.
Mr. J.R. Reger, owner of TriStar Communications, stated the subject site is the best because it is
located in an industrial zone and would serve both the 1-90 corridor and the downtown area. In fact, he noted
that when coupled with the proposed tower at Lux, service could be provided to that portion of the community
between Main Street and the Interstate. At the present time, there are no collation facilities capable of doing
that.
Mr. Reger noted that the Planning staff and the Development Review Committee have recommended
conditional approval, and the Design Review Board has recommended approval of this tower. He stated once
the City has completed its process, he must go to the FCC and complete the necessary environmental
assessments and tests. He indicated that the FAA has already determined this would be a no hazard tower.
Mr. Reger stated he searched along Main Street and the 1-90 corridor and found no location that would
accommodate an antennae array like what he plans to install on the tower, to serve both large-scale and small-
scale needs. He submitted letters from three interested tenants that need space and want to provide service
in the community. To accommodate those tenants while addressing aesthetic issues, he offered to construct
a 100-foot tower initially, with incremental expansions to 150 feet and finally 180 feet as tenants are added.
He indicated that with each incremental increase, those already on the tower will be given the option to locate
higher on the tower.
Mr. Reger briefly turned his attention to E911, noting that under federal mandate, companies must
triangulate a user and send information on the location to the agency. He cautioned that this will create an
urgent need for new towers, since at least two, and preferably three, towers are needed to do that, Also, in the
future, more companies will need more towers because of increased services and band widths. He cautioned
that, if Bozeman does not have a place for them to collocate, companies will probably build their own towers,
resulting in a pincushion effect.
Responding to Commissioner Brown, Mr. Reger stated the three potential clients are interested but
cannot be committed until the tower becomes a reality. He acknowledged that if all three sign initially, the
collocation tower will start at 150 feet; however, he noted it will also eliminate two towers.
Further responding to Commissioner Brown, Mr. Reger indicated it is difficult to predict how many
carriers could be located on the tower, although it would be designed as a six-carrier tower. He acknowledged
that some companies require more space, while some small carriers require a very small space.
In response to Commissioner Brown, Mr. Reger acknowledged that Cutthroat Communications has
voiced an interest at 120 feet, and could probably be accommodated at 100 feet initially, moving higher on the
tower when given an opportunity to do so.
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Responding to Commissioner Youngman, Mr. Reger stated that search rings are typically one mile
in diameter, and he used a one-mile radius instead. The only site he found that could potentially be used is
the water tower at the old Pea Cannery, which currently has two carriers on it. He indicated that he did not talk
to the owners of any of the downtown buildings or the grain silo; he only provided information based on what
he observed. He then indicated that, given the height of the evergreen trees in the community, it is important
that the tower be tall. He then concluded by stating he found no other site that could serve both the downtown
and the 1-90 corridor like this site can.
Mr. Rod Kailey, 415 North BroadwayAvenue, stated the subject site is almost directly across the street
from his residence. He noted that, since the last public hearing, he has done a substantial amount of research
on this issue and has decided he truly is a "NIMBY." He stated the last thing he wants to look at is a 180-foot
tower, which he feels will negatively affect property values and the community.
Mr. Kailey then briefly highlighted information he has gathered since the last meeting, submitting a copy
of that information for the record. He noted that Dr. Carol C. McDonough wrote in an article in the Winter 1999
edition of Illinois Real Estate Letter, that it is possible to infer that proximity to cell towers reduced property
values; and that information has been corroborated by others. He acknowledged that potential health risks
cannot be considered, even though concerns about that issue have been raised. He stated that this type of
facility is typically located in commercial or industrial areas; however, in this instance the industrial zone is
located only 200 feet from a residential area. He concluded by stating the northeast area contains a group of
citizens trying to make a better life, and approving this tower would be a way of telling them that they are not
significant. As a result, he asked the Commission to not allow the tower.
Mr. Peter Mommsen, 517 North Church Avenue, stated he is concerned about the negative effects of
the proposed tower on the people in the community. He also voiced concern that the northeast side of town
is being considered for yet another use that would negatively impact it and questioned what might be next. He
encouraged the Commissioners to not allow such uses in their area, but to allow them instead to focus their
time and energy on constructive activities.
Mr. Kelly Wiseman, 402 North Church Avenue, noted this is a world of rapidly changing technology and
suggested that a 180-foot tower could be obsolete in five or ten years. He stated this proposed tower would
be in the viewshed of the houses in that neighborhood, and there would be no incentive to remove it when the
technology changes. He stated the only way that municipalities can shape technology is to demand something
better.
Ms. Marilyn Boles, 418 North Wallace Avenue, stated action can be taken to ensure that technology
meshes local and industry needs. Those steps can include conducting community educational workshops,
conducting inventories and maintaining a database on a county-wide basis, classifying and prioritizing land use
areas for towers, promoting the location of towers on government-owned properties, identifying the preferred
height and color, providing incentives for good design, requiring the rationale for selection of a site, and
requiring a computer enhancement showing the visual impacts of a proposed tower. She then questioned
why, when North Broadway Avenue is at a lower elevation that other sites within a mile, it is being considered
for this installation.
Mr. Don Lucker, 2408 Par Court, stated there are alternatives to the proposed tower that should be
given consideration. He noted that the engineering aspects of the tower have not yet been addressed and
cautioned that initially short-stacking towers has become one of the tricks of the trade. He suggested that the
Commission take a common sense approach to this issue and require that certain questions be addressed
prior to approval. Those questions could include whether the tower will do the job it is proposed to do, whether
it will support the tenants that want to locate on it, whether it will interfere with other systems, and whether it
will devalue property. He suggested that the Commission appoint a task force to review this issue more
thoroughly. He acknowledged that this requirement would impose a hardship on him, as a competitor to the
applicant; however, he feels it is important to the community. He also noted that no carriers are present to
argue for this tower.
Mr. J.R. Reger stated that there are currently no structures in Bozeman for the collocation of any line-
of-sight services. He noted that Bozeman's zone code encourages fewer and taller towers, and he has
proposed two of them that would eliminate the need for any other towers on the north side of Bozeman. He
again reminded the Commission that the Planning staff and Development Review Committee recommended
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conditional approval and that the Design Review Board recommended approval of this application. He then
indicated that the information submitted by those testifying in opposition generally pertains to power lines and
issues from other states; the information he has submitted pertains to Montana. He concluded by requesting
approval of this application and that the Commission reconsider its action on the Lux tower.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Commissioner Hietala suggested that the Commission require a study and asked if this is the least
intrusive means of providing the service.
Commissioner Youngman characterized Mr. Reger's letter as a good faith start at providing the
information requested bythe Commission. She then stated that, just because the downtown buildings are not
as tall as the proposed tower, it doesn't mean they won't work; and at least some of those could possibly be
stealth installations. She indicated that the information received is spotty, and she feels that some potentially
viable options have been rejected without adequate research.
Mayor Kirchhoff stated concurrence with Commissioner Youngman's comments, noting he is not sure
if due diligence has been done or that the results will be satisfactory for the needs of the community.
Commissioner Youngman acknowledged that the applicant tried to follow the zone code; however, she
does not believe this is compatible with adjacent neighborhoods. She noted that the residents in the area are
very concerned about having a 180-foot tower across the street from them, and that issue must be taken into
account. She recognized that, when the zone code provisions were implemented, it was not anticipated that
requested towers would be so high or obtrusive; and she feels the next step should be staff and the community
working together to clarify those standards.
Commissioner Brown stated he shares similar concerns. He recognized that the impacts of electrical
power lines are irrelevant and that the effects of radio frequencies on the health of people may not be
considered; however, the effect on property values is a valid consideration. He then noted that the applicant
has been asked several questions and, while many of those questions have been at least partially answered,
there are still many outstanding issues and unanswered questions. As a result, he cannot support the
requested tower.
Commissioner Hietala asked for an inventory of possible sites for towers before either a monopole
tower or a lattice tower is approved. He stated the sight of a 180-foot tower in the subject location would be
intrusive.
Commissioner Cetraro stated he, too, is in favor of an inventory of existing towers and a study to
identify potential sites for new towers.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Major Site Plan
requested byTriStar Communications for Barry Brown and Jerry Locati under Application No. Z-02144, to allow
development of a 180-foot-tall telecommunications tower with associated support equipment on a portion of
Block 49, Northern Pacific Addition, be approved subject to the following conditions:
In the event the City undertakes a study or studies and/or affirmative actions to prevent
interference with public safety and services communications with its consequent risk
to life, health and welfare of the public, each telecommunications provider shall pay an
equitable and roughly proportionate share of the costs of such study or studies and/or
affirmative actions. Payment shall be made prior to the issuance or renewal of any
City permit or license necessary for the installation of the tower tenants' equipment,
rehabilitation of existing sites, or continued operation of existing sites, in order for the
City to recoup no more than its actual costs in undertaking such a study and/or
affirmative actions. If such a study and/or affirmative action is contemplated or
underway at the time a tower tenant applies for approval of equipment installation,
rehabilitation, or continued licensing the tenant shall pay 150% of the estimated
equitable and roughly proportionate share of such costs. When the final costs of a
study and/or affirmative actions are determined the City shall return to each tenant the
09-16-2002
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difference between the amount paid and the actual equitable and roughly proportionate
costs.
The following actions by the City shall be considered affirmative actions to prevent
interference:
The conducting of a study by qualified professionals to evaluate the
public safety and services communications system(s), assess areas
of weakness relating to telecommunications interference, and make
recommendations of actions to be taken to ensure the continued safe
operations of the public safety and services communications
systems. Such study may be conducted as a portion of a more
comprehensive study. However, the financial participation shall be
limited to those costs of the study relating to telecommunications
interference.
Replacement of equipment needed to conduct public safety and
services communications due to existing or reasonably foreseeable
interference from other telecommunication users.
Relocation of equipment needed to conduct public safety and services
communications due to existing or reasonably foreseeable
interference from other telecommunication users.
Purchase and installation of additional equipment needed to
counteract the effects of telecommunications interference.
Other actions clearly necessitated by telecommunications
interference with the public safety and services communication
system(s).
The following actions are not affirmative actions to prevent interference:
a. Replacement of equipment due principallyto age or physical damage.
Replacement of equipment with like or similar equipment utilizing the
same frequencies, except when constituting an affirmative action as
described above.
Relocation of equipment due to office relocations, construction of
emergency services stations to service expanding areas, or other
non-interference related relocations.
Upgrades to existing systems to provide additional capabilities that are
not related to telecommunications interference.
Prior to the City Commission hearing the applicant shall provide for consideration a
narrative addressing the issue of ice fall.
The trees shown on the site plan shall either be removed or changed to deciduous
trees to prevent interference with circulation on the host site when they mature.
The tower structure shall be relocated to the southern end of the enclosure.
The final improvement drawing shall be adequately dimensioned. A legend of all
pertinent line types used shall also be provided.
All existing utility and other easements must be shown on the final site plan.
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Runoff from all proposed site improvements shall be directed to on-site landscape
areas to remove solids, silt, oils, grease, and other pollutants, and provide retention
and/or detention prior to off-site discharge. The final site plan must provide drainage
directions and sufficient spot elevations demonstrating adequate drainage from
proposed site improvements to on-site landscape areas.
Due to site constraints, on-site drywells or similar drainage improvements are
recommended. Proposed drainage improvements are subject to engineering
department review approval.
o
Prior to final site plan approval, the applicant shall provide a financial guarantee for
removal of the tower in the event that it no longer supports carriers, in an amount equal
to the estimated costs of removal.
The applicant shall be responsible for perpetual maintenance of the tower and
surrounding site. In the event that the applicant is no longer owner of the tower, the
property owner shall assume ownership and responsibility for maintenance of the
tower through an agreement entered into prior to final site plan approval.
10.
The tower shall not be lit. In the event that future changes in FAA regulations would
require the tower to be lit, it shall be modified to mitigate that requirement.
11.
Prior to final site plan approval, the applicant shall provide to the Planning Office a
minimum of two executed leases for the first 100 feet of tower height plus one
additional lease for each additional 100 feet or portion thereof.
12.
Pursuant to Section 18.57.030.B.3., the applicant shall provide clear written
demonstration that no stealth or other less obtrusive options are available in the
community to meet the needs provided by the proposed monopole tower, for
Commission review and approval prior to final site plan approval.
The motion failed by the following Aye and No vote: those voting Aye, none; those voting No being
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor
Kirchhoff.
Mayor Kirchhoff asked that, in light of this denial, staff be directed to do a comprehensive review and
study, and identify optimal sites.
City Manager Johnson cautioned that the City does not have the expertise in house to do this type of
work, and suggested that the City ask those carriers interested in locating on towers in the community to
participate in the study. The Commissioners concurred in that option and authorized staff to proceed.
Commissioner Youngman requested that a couple alternatives be provided, including taller and shorter
towers and possible locations, as well as stealth versus less obvious versus very obvious installations.
Continued public hearing - request for annexation of 7.836 acres described as Parcel B1, COS No.
1790B - C&H Engineering for Bill Phillips and Bart Manion (parcel lying between South Rouse
Avenue and South Church Avenue at Accola Street extended) (A-02006)
This was the time and place set for the continued public hearing on the request for annexation of 7.836
acres described as Parcel B1, Certificate of Survey No. 1790B, as established by Commission Resolution No.
3534, entitled:
COMMISSION RESOLUTION NO. 3534
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
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CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Mayor Kirchhoff reopened the continued public hearing.
Assistant Planner Susan Kozub distributed a letter of protest to the annexation which was received just
prior to the meeting, after which she presented the staff report. She noted the applicant is seeking annexation
to provide access to the City's infrastructure and to allow for development at urban density. She posted a map
showing land uses in the surrounding area, which include a mix of single-family, duplexes and multi-family to
the west, generally single-family to the east, vacant lands to the north and the south, and some park areas
beyond those residential areas.
The Assistant Planner stated that staff has reviewed this application in light of the four goals and eleven
policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the
written staff report. She briefly summarized those findings and forwarded staff's recommendation that the
following issues be addressed prior to or in conjunction with annexation:
a.) The property owners/applicants shall apply to annex and establish a municipal
zoning designation for Parcels A and B2, C.O.S 1790B, Gallatin County, Montana. The
Annexation Agreement for Parcel B1 shall not be approved until the Annexation
Agreement for Parcels A and B2 is approved.
-or-
b.) The property owner shall record with the County Clerk and Recorder's office a
Waiver of Right to Protest Annexation for Parcels A and B2, C.O.S. 1790B, Gallatin
County, Montana. In addition, the 45-foot easement along South Church Avenue shall
apply to all three parcels, Parcel A, Parcel B1, and Parcel B2, C.O.S. 1790B, Gallatin
County, Montana, and shall be shown on the Annexation Map.
As the parcel is less than 10 acres in size, water rights, or cash-in-lieu, must be
provided at the time the Annexation Agreement is submitted.
The landowners shall pay all applicable water and sewer impact fees that are due at
the time of connection to the City's water and sewer facilities. The landowners and
their successors shall pay all fire, street, water and sewer impact fees required by
Chapter 3.24, Bozeman Munici pal Code, or as amended at the time of application for
any permit listed therein.
The Annexation Agreement, which addresses all terms placed on the annexation
application by the City Commission, shall be returned to the City of Bozeman Planning
and Community Development Department within one year of a City Commission
decision to annex the property, or annexation approval shall be null and void.
The applicant shall submit an annexation map with a legal description of the property,
showing the existing public utilities (water, sewer, roadways and storm drainage)
improvements on the property, and showing adjacent developments (subdivision
name, block and lots). The map shall also show rights-of-way and public easements
within and adjacent to the property with the Annexation Agreement. The map must be
supplied on: 1 .) one mylar copy (18-inch by 24-inch) for City records; 2.) one digital
copy on a double-sided, high density 3½-inch floppy disk; and 3.) one paper copy on
either letter or legal size paper for recording with the Annexation Agreement by the
Gallatin County Clerk and Recorder. The maps must be acceptable to the Director of
Public Service.
The applicant shall provide and file with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs)
for the following:
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10.
11.
12.
13.
14.
Street improvements to South Rouse Avenue and South Church
Avenue; including paving, curb and gutter, sidewalk, and storm
drainage improvements.
Signalization of the intersection of South Church Avenue and Kagy
Boulevard.
c. City-wide Parks Maintenance District.
The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation of
the property, traffic contribution from the development, or a combination thereof.
The applicant shall conduct a title search to determine ownership of the small parcel
located between the eastern property boundaryand the existing South Church Avenue
right-of-way.
Assuming that it is not under current ownership and the applicant has no desire to
obtain the parcel, less the required additional South Church Avenue right-of-way (see
Item 10), the City requests that the applicant file a quit claim deed for the parcel and
grant the property to the city as additional right-of-way.
The annexation agreement shall include notice that, prior to development, the applicant
will be responsible for installing any facilities required to provide full municipal services
to the property in accordance with the City of Bozeman's infrastructure master plans
and all City policies that may be in effect at the time of development.
Prior to any development of the subject annexation, a stormwater drainage and grading
plan shall be provided to and approved by the City Engineer. The plan must
demonstrate that adequate treatment of runoff from the public streets and all future lots
will be achieved by providing spot elevations, flow direction arrows, detention and/or
retention basin details (including basin sizing calculations and basin typical sections),
outlet structure details, and culvert capacity calculations. The plan must also locate
and provide easements for adequate drainage ways within the annexation area to
transport treated runoff to the stormwater receiving channel.
According to the Greater Bozeman Area Transportation Master Plan, 2000 Update,
South Church Avenue is designated as a collector street, which requires a 90-foot
wide right-of-way. The existing right-of-way for South Church is only 60-feet wide.
Therefore, the applicant shall grant the required additional public street and utility
easements to the City of Bozeman for one-half of a 90-foot right-of-way (45-feet) for
South Church Avenue.
The applicant is advised that a street cut moratorium exists for South Rouse Avenue
from its intersection with Hoffman Street southward.
Detailed Traffic Impact Analysis Report(s)will be required prior to future development
of the subject annexation.
The applicant is advised that upon future annexation of the remaining parcels and as
soon as required infrastructure is available, existing residences shall connect to City
water and sewer. Immediately following connection to City services, the existing
septic tank and drainfield must be properly abandoned and the abandonment
documented and certified by the applicant's professional engineer.
Prior to development of the property annexation, the applicant's engineer will be
required to prepare a comprehensive design report evaluating the existing capacity of
09-16-2002
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both the water and sewer utilities. The report must include hydraulic evaluations of
each utility for both existing and post development demands. The report findings must
demonstrate that adequate capacity is available to serve full development of the
annexation area.
If adequate water and/or sewer capacity is not available for the full development, the
report must identify the water and sewer system improvements required to provide the
necessary capacity. Any improvements necessary to serve the full development must
be in place prior to further development of the site.
15.
The applicant is advised that water main extensions in excess of 500 feet must be
looped.
The Assistant Planner stated that the Commission must choose one of the two options for Item No.
1, noting staff prefers the first one. She then noted that many of the letters and the petition of opposition pertain
to the zoning issue, which is the subject of the next agenda item, although one letter does object to annexation
as well.
Mr. Bill Phillips, applicant, stated he has owned the property for 25 years, noting one could see South
Wi llson Avenue when he first acquired it. For the past fifteen years, he has been talking about developing the
site, and he has found that endeavor more challenging with each passing year. He introduced the team of
professionals that he has selected to assist in the process, including Richard Ramler, legal counsel, PLACE
Architecture, and Clint Litle, HKM Engineering.
Mr. Clint Litle, consulting engineer, gave a power point slide presentation of the subject site and
surrounding area. He showed how the 75-foot setbacks from the stream will impact development of the site
and the area that is precluded from development because it is identified on the FEMA map. He indicated that
those two requirements, when combined, leave 4.6 acres on the west side and .6 acre on the east side of the
creek available for development and provide for 2.8 acres of open space. He identified the surrounding zoning
designations, which include "R-3" to the west, "R-3-A" to the north, and "R-I" and "R-2" to the east. As a result,
he suggested that"R-3-A" zoning will provide a nice transition and will address environmental concerns. He
also indicated that the area protected by the stream setback and FEMA map will maintain the wildlife corridor
and riparian area. He indicated that annexation and development of this site is in compliance with the Bozeman
2020 Community Plan, which promotes infill, encourages cluster development, and discourages sprawl within
city limits.
Break - 9:00 to 9:05 p.m.
Mayor Kirchhoff declared a break from 9:00 p.m. to 9:05 p.m. in accordance with Commission policy.
Continued public hearincl (continued) - request for annexation of 7.836 acres described as Parcel B1,
COS No. 1790B - C&H Engineering for Bill Phillips and Bart Manion (parcel lying between South
Rouse Avenue and South Church Avenue at Accola Street extended) (A-02006)
Responding to Commissioner Brown, Mr. Phillips stated he prefers the second option under Item No. 1.
No one was present to speak in opposition to the requested annexation.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
option;
voiced
Responding to Mayor Kirchhoff, Commissioners Youngman and Brown indicated sUpport for the first
Commissioners Hietala and Cetraro indicated support for the second option. Mayor Kirchhoff then
his support for the first option.
Commissioner Youngman suggested an additional item be added to the list of items to be addressed,
particularly since this is not the first time that development of this parcel or other properties in the area has
been considered. She proposed that, in light of the sensitivity of the entire area that lies between South Rouse
09-16-2002
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Avenue and South Church Avenue, from the north side of Ice Pond Road to the north side of Kagy Boulevard,
development not be allowed until a subarea plan has been developed and approved. This plan would then
allow the Commission to consider an application for development of a specific parcel in the context of the
whole.
At Mayor Kirchhoff's request, Planning Director Epple indicated that no subarea plan has yet been done
under the Bozeman 2020 Community Plan; however, he suggested that the process be patterned after the
development of the North 19th Avenue/VVest Oak Street subarea plan. Under that process, staff would set
some initial meetings and discussions on development constraints with property owners in the area, also
identifying areas of concern, interest, and community values and goals. He suggested that, if necessary, the
facilitated land use program could be used for this process.
Responding to questions from Mayor Kirchhoff, the Planning Director stated that the Bozeman 2020
Community Plan contemplates the preparation of subarea plans for the outlying quarter-section parcels that
would develop with a neighborhood park and school serving as the central point; however, it does not preclude
developing a subarea plan for an area like the one currently under consideration.
Commissioner Youngman stated that, given the constraints of this property and the concerns of the
residents in the area, she feels a subarea plan is important.
Commissioner Brown acknowledged that to develop this parcel in the context of the whole could be
beneficial, particularly since this is a difficult area for development.
Mayor Kirchhoff voiced his support for Commissioner Youngman's suggestion, noting that this area
is ripe for development, and a unified plan would help to ensure that development is compatible with the other
parcels and the general area.
Responding to Commissioner Brown, Assistant Planner Kozub estimated there are fifteen property
owners involved in the undeveloped land.
Commissioner Youngman stated that the property owners along the North 19th Avenue/West Oak
Street corridor willingly came to the table during drafting of the subarea plan because the Commission had
determined no development would occur until that plan was complete. She suggested that if such a plan were
required for this area at this time, a similar response could occur, particularly given the desires to develop both
this property and a parcel along the north side of Ice Pond Road.
Commissioner Hietala stated he feels a subarea plan is desirable, and possibly even necessary,
particularly since failure to plan could result in some disgruntled, landlocked property owners.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that staff be authorized
and directed to bring back an annexation agreement, addressing the fifteen items listed above, for Commission
review and possible action.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that an Item 16 be
added, to read:
16.
Prior to consideration of any development proposal for this site, a subarea master plan
for the entire area lying between South Church Avenue and South Rouse Avenue and
extending from the north side of Ice Pond Road to the north side of Kagy Boulevard
shall be prepared in accordance with the Bozeman 2020 Community Plan and shall
be reviewed and approved by the Commission.
The amendment carried bythe following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala and Mayor Kirchhoff; those voting No being Commissioner Brown and Commissioner
Cetraro.
The main motion then carried by the following Aye and No vote: those voting Aye being Commissioner
Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those
voting No, none.
09-16-2002
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Continued public hearing - Zone Map Amendment - establish initial zoning designation of "R-3" on
7.836 acres described as Parcel B1, COS No. 1790B - C&H Engineering for Bill Phillips and Bart
Manion (parcel Ivina between South Rouse Avenue and South Church Avenue at Accola Street
extended) (Z-02135)
This was the time and place set for the continued public hearing on the Zone Map Amendment
requested byC&H Engineering for Bill Phillips and Bart Manion under Application No. Z-02135, to establish an
initial zoning designation of "R-3," Residential-Medium-density, on 7.836 acres described as Parcel B,
Certificate of Survey No. 1790B. The subject property lies between South Rouse Avenue and South Church
Avenue at Accola Street extended.
Mayor Kirchhoff reopened the continued public hearing.
Assistant Planner Susan Kozub distributed another letter and another part to the petition in opposition
already received, noting that some of the signatures are duplicates to protests previously received.
The Assistant Planner stated the applicant has requested an initial municipal zoning designation of
"R-3," Residential-Medium-density, on the subject property. Staff reviewed that request in light of the
applicable criteria set forth in the zone code, and staff's comprehensive findings are contained in the written
staff report. As a result of its review, staff forwarded a recommendation for establishing an "R-3-A,"
Residential-Two-household, Medium-density, zoning designation instead. Following its public hearing on
September 10, taking into consideration staff's findings and the testimony received, the Zoning Commission
forwarded its recommendation for an "R-l", Residential-Single-family, Low-density, zoning designation.
Following that meeting, the applicant indicated an interest in amending his application to seek "R-3-A" zoning
rather than the original "R-3" zoning designation. She stated that, due to the proximity of urban services and
high groundwater on the subject site, septic systems will not be allowed. She then indicated that a total of ten
letters and one petition in opposition have been received, triggering the requirement for a super-majority vote.
Mr. Rick Ramler, attorney representing the applicant, stated that, at the present time, he is unsure how
the added item for approval of the annexation will impact development of this site. He forwarded the applicant's
position that the amended request for"R-3-A" zoning is appropriate and, along with the topography in the area,
would provide a transition between the "R-3" zoning to the west and the "R-I" and "R-2" zoning to the east.
Responding to questions from Mr. Bill Phillips, applicant, Mayor Kirchhoff stated that, given the number
of applications coming forward for development in this area, the Commission has determined it would be
appropriate to develop an overall plan for the entire area, rather than considering each parcel as a freestanding
application. The result should be a more integrated plan for dealing with infrastructure needs, including water,
sewer and streets and should alleviate the potential for problems that might arise from allowing piecemeal
development on individual parcels.
Mr. Ramler voiced his concerns about this requirement's impact on this property and the potential for
slowing its development, since other property owners in the area have neither petitioned for annexation nor
indicated any desire to develop their properties.
Responding to that concern, Planning Director Epple indicated that Planning staff will facilitate the
process. He stressed that, while all property owners will be given ample opportunity and be encouraged to
participate in the process, their failure to do so will not slow it. He indicated that the subarea plan will probably
focus on infrastructure issues to ensure that adequate water and sewer services are available and that traffic
circulation is addressed, protection of riparian areas, and overall density in the corridor. He estimated that the
process will take eight to ten months, to give ample opportunity for public participation, which could somewhat
slow the development process.
Mr. G.K. Reiser, 1603 South Church Avenue, noted that, through division and redivision of what was
previously the Lessley property, the riparian corridor has been "saved by default." He stated this area greatly
affects Burke Park; and a sea of houses, with 40,000 to 50,000 square feet of roofs, would be inappropriate.
He noted that there are slightly over twenty single-family residences and a business along the 1.5 miles of
South Church Avenue between Ice Pond Road and Kagy Boulevard. He suggested a precedent has been set
for retaining this corridor as an undeveloped rural area. He indicated that development under an "R-S" zoning
may be appropriate; however, he is opposed to the requested "R-3" zoning.
09-16-2002
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Ms. Doris Heckerman, 1815 South Church Avenue, stated she views this proposed zoning as a cancer
in the middle of a pristine area. She noted that a majority of those in the area want to see this property retain
the"R-S" zoning designation. She also voiced concern that, given the high groundwater table, every driveway,
roof, or raised ridge around the riparian area will increase the velocity of the water as it runs toward Main
Street, increasing the potential for downstream flooding. She concluded by encouraging the Commissioners
to consider the opposition of the residents in the area.
Mr. Vince Ballotta, 1632 South Rouse Avenue, stated his concerns revolve around infrastructure and
traffic flow. In light of the number of apartments and multi-family units in the area, he has seen an increase
in traffic, particularly when MSU is in session. He concluded by encouraging the Commission to seriously
consider the "R-S" zoning designation.
Mr. Greg Hamlin, 1716 South Rouse Avenue, stated that Mr. Phillips' property fronting on South Rouse
Avenue would be the access to this property, unless a bridge is constructed to provide access to South
Church Avenue. He indicated his support for an "R-S" zoning designation, which would minimize traffic
impacts in the area.
Mrs. Renee Thorp, 85 Wylie Creek Boulevard, gave a presentation based on the "R-l" zoning
designation recommended by the Zoning Commission. She noted that from 1977 until three years ago, she
and her family lived across the street from the subject property; and the children walked or rode their bicycles
to Longfellow School. She stated that when they built their home, they did not anticipate it would be across
from a "virtual highway." She indicated that under the "R-1" zoning designation, 28 units could potentially be
constructed and, based on information she has received, an additional 560 vehicle trips per day could be
generated. As a parent and teacher, she could not encourage children to walk or bicycle along the street with
that additional traffic. Also, she stated that environmental impacts should be given great consideration and
concluded by encouraging the Commission to retain the existing "R-S" zoning.
Mr. Joe Frost, 1816 South Rouse Avenue, encouraged the Commission to establish an "R-S" zoning
designation, since that is the only municipal zoning designation that requires a planned unit development. He
recognized that development under the "R-3-A" zoning designation could be appropriately done through a
planned unit development, but there is no requirement for the applicant to go through that process. He quoted
briefly from Chapter 16.18 of the subdivision regulations and Chapter 18.54 of the zone code, stressing the
importance of recognizing the environmental constraints as well as the uniqueness and sensitivity of this
property. He acknowledged that appropriate development of this property can occur through proper planning
and clustering.
Mr. Joe Hamner, 111 Michael Grove Avenue, voiced his support for"R-S" zoning. He noted that he has
seen of lot of "R-3-A" development become rental units, and he was extremely concerned when he saw the
"R-3" zoning designation advertised in the newspaper.
Mr. Chuck Paden, 507 Ice Pond Road, thanked the Commission for the additional condition on the
annexation, noting it recognizes that area as a neighborhood. He stated that the"R-3" zoning designation does
not fit that site, particularly when considered in light of the Bozeman 2020 Community Plan and the context of
the surrounding area. He indicated the subject area is an important wildlife habitat, and large areas of
pavement in this corridor could increase the risk of flooding to the north.
Mr. Bill Halpin, 1319 South Church Avenue, stated he does not have a problem with development of
the subject property; however, "R-3" is an inappropriate zoning and multi-family would also be inappropriate
given the single-family development that surrounds it. He cautioned that the FEMA map is not quite accurate
and encouraged the Commission to take steps to ensure the area is developed in a sensitive manner.
Mr. Brian Close, 406 East Olive Street, urged the Commission to be cautious about relying on the
FEMA maps, citing a recent lawsuit in Missoula as a reason to not do so.
Ms. Phyllis Driscoll, 1712 South Rouse Avenue, voiced her opposition to the proposed "R-3" zoning,
noting the only person it would serve well is the applicant.
Mr. John Thorp, 85 Wylie Creek Boulevard, stated that until just a short time ago, he resided at 1809
South Rouse Avenue, immediately across the street from a house owned by Mr. Phillips. He stated that if that
09-16-2002
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house is removed to provide access to this subject parcel, cars will drive straight toward his house. At night
that would be a critical issue, since three bedroom windows would be located directly in line with those
headlights. He concluded by voicing his extreme concern about the impacts that such changes would have
on his house and this area.
Assistant Planner Kozub stated that staff would support cluster development under any zoning
designation, noting that under the"R-S" land use designation in the Bozeman 2020 Community Plan, that type
of development is required. She pointed out that access via a private street would also trigger the planned unit
development process. She then suggested the possibility of more than one access being provided to the site
in light of the additional requirement placed on the annexation.
Planning Director Epple indicated that the estimated trips per day submitted during public testimony
may be slightly high, based on the ITE manual that staff follows.
Mr. Rick Ramler acknowledged the concerns about access, floodplain, traffic, and preserving the
wildlife and riparian corridors, noting that the applicant shares those same concerns. He then indicated the
applicant anticipates going through the planned unit development process and hopes to do so under the
"R-3-A" zoning designation, and concluded by encouraging approval of that zoning designation.
Responding to questions from the applicant and Commissioners, Planning Director Epple indicated
that under the "R-S" zoning designation, six to seven units could be constructed on this site; and under the
"R-I" zoning designation, up to 26 units could be constructed under a planned unit development with 30-
percent density bonus and clustering.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Commissioner Youngman voiced her preference for temporarily establishing an "R-S" zoning
designation until after the subarea plan has been prepared and the appropriate zoning designation to
accommodate that type of development has been identified. She noted this approach was used for initially
zoning the hospital property, and would provide the level of assurance desired by the neighborhood.
Commissioner Hietala stated he feels an "R-I" zoning designation with development through a planned
unit development is appropriate for the area and is compatible with development along South Rouse Avenue.
He voiced concern about Commissioner Youngman's proposal, stating he feels it removes predictability for
the developer.
Commissioner Brown noted that, for residents along South Rouse Avenue, the scenery to the east is
spectacular. He then indicated that development under the "R-S" zoning designation might not be
economically feasible. As a result, he could support an "R-I" zoning designation; however, access to the
development is not adequate and he is very concerned about potential water problems.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Zone Map
Amendment requested by C&H Engineering for Bill Phillips and Bart Manion under Application No. Z-02135,
be approved by establishing an initial zoning designation of"R-1 ", Residential-Low-density, on 7.836 acres
described as Parcel B, Certificate of Survey No. 1790B, subject to the following conditions:
That the ordinance of the Zone Map Amendment shall not be adopted until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation is not approved, the application shall be null and void.
That the applicant submit a zone amendment map, titled "Phillips/Manion Zone Map
Amendment," on: 1 ) a 24-inch by 36-inch mylar; 2) an 8½-inch by 11 -inch, or 8½-inch
by 14-inch paper exhibit; and 3) a digital copy of the area to be zoned, acceptable to
the Director of Public Service, which will be utilized in the preparation of the Ordinance
to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes
and bounds legal description of the perimeter of the subject property, description of the
boundaries of each specific zoning designation, total acreage of the property, acreage
of each specific zoning designation, and adjoining rights-of-way and/or street access
easements.
09-16-2002
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That the ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description and map of the area to be rezoned,
which will be utilized in the preparation of the ordinance to officially amend the zone
map.
Responding to Mayor Kirchhoff, StaffAttorney Cooper indicated that staff has not had an opportunity
to determine if the petition submitted will trigger the requirement for a 2/3 majority vote, since some of the
signatures were just received during this meeting.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that action on the
motion be tabled for a period of one week, to give staff an opportunity to review the petition submitted. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No,
none.
Break - 10:40 to 10:45 p.m.
Mayor Kirchhoff declared a break from 10:40 p.m. to 10:45 p.m., in accordance with Commission
policy.
Public hearing - comprehensive revisions to the Subdivision Regulations to bring them into
compliance with statutory revisions and the Bozeman 2020 Community Plan (P-02024)
This was the time and place set for the public hearing on comprehensive revisions to the Subdivision
Regulations, under Application No. P-02024, to bring them into compliance with statutory provisions and the
Bozeman 2020 Community Plan.
Mayor Kirchhoff opened the public hearing.
Planning Director Epple presented the staff report on behalf of Associate Planner Jody Sanford. He
referenced Associate Planner Sanford's memo dated September 11, which suggests a number of changes
based on input from the Planning Board during the public hearing at its September 10 meeting. He noted that
written comment includes a letter from Rob Pertzborn regarding parkland and lighting and a letter from Dr.
Philip Saccoccia questioning whether centers are appropriate in commercial subdivisions. Also, the
Recreation and Parks Advisory Board has reviewed the revisions; has forwarded a recommendation for
changing the width of trail easements from 20 feet to 25 feet; and has expressed concern about counting
centers toward the parkland dedication requirement, thus reducing parkland available for recreational purposes.
Responding to Mayor Kirchhoff, the Planning Director stated that the Commission may continue this
public hearing for one week without causing any undue problems. He noted that the City is under a statutory
requirement to have these subdivision revisions adopted within one year of adoption of the growth policy, which
occurred on October 22. He indicated that, if the Commission makes a decision at next week's meeting, staff
could bring back an ordinance for provisional adoption on October 7 and final adoption on October 21 and meet
that requirement.
Commissioner Hietala noted that the Chair of the Recreation and Parks Advisory Board has submitted
an e-mail request that the public hearing be continued for one week to give them an opportunity to submit
comments on several areas of concern. Those concerns include applying centers, focal points and square
toward the parkland dedication requirements; off-site dedications; requiring homeowners' associations to be
responsible for maintenance of parks; and allowing development of a park in lieu of a portion of the dedication
requirement. He concluded by forwarding their concern that under these amendments, "parks have become
sacrificial lambs."
Mr. Brian Close, 406 East Olive Street, voiced concerns about the lighting provisions, encouraging the
Commissioners to look at Yellowstone Avenue since that is the level of lighting to be implemented under these
revisions. He then noted that between 1 a.m. and 6 a.m., there are few people on the streets; and for six
months of the year there is snow on the ground, which results in the light being reflected back into the sky.
He stated that, just prior to the meeting, he submitted information to the Clerk's office from the International
09-16-2002
20 -
Dark-SkyAssociation. He highlighted the information regarding street lighting and crime, noting that it reveals
no correlation between the two; rather, the study found that lighting lessened the fear of crime. Also, he noted
that San Antonio, Texas, has implemented a dark campus program that has resulted in a drop in maintenance
costs since people stopped drawing on buildings. He then suggested that street lighting should address traffic
safety, not pedestrians or bicyclists.
Planning Director Epple distributed information prepared byAssistant Planner Karin Caroline regarding
ten documented lighting conditions in Bozeman and encouraged the Commissioners to visit those sites during
the upcoming week. He then reminded the Commission that the Police Department has strong feelings about
the need for lighting in subdivisions.
Mr. Rob Pertzborn, 518 North Tracy Avenue, stated the lighting standards along local streets are
excessive, noting that Ferguson Meadows Subdivision is an example of those lighting levels. He then noted
that Valley West Subdivision and Cattail Creek Subdivision are to be lighted differently, at what he believes is
a more appropriate level. He then turned has attention to park requirements, particularly in light of the issues
he has encountered in recent subdivisions. He suggested that the requirement for development be revised
to a level based on a percentage of the value of the land. He then indicated that development should not be
at the cost of the size of the park.
Mrs. J.P. Pomnichowski, 222 Westridge Drive, spoke on behalf of the SouthEast Neighborhood
Association. She voiced support for the growth plan and asked the Commission to enforce the zone code.
She noted that people like a community that separates commercial and residential development, citing the
property at the intersection of South Third Avenue and Kagy Boulevard as the first neighborhood commercial
parcel to fall under the new growth plan. She recognized that this ordinance is the first step in adopting the
regulations that implement the growth plan and encouraged its adoption.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the public hearing
be continued for one week. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor
Kirchhoff; those voting No, none.
Commission Resolution No. 3540 - revising the structure and purpose of the Community Affordable
Housing Advisory Board
Included in the Commissioners' packet was a copy of Commission Resolution No. 3540, as prepared
by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3540
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
REVISING THE PURPOSE AND STRUCTURE OF THE COMMUNITY AFFORDABLE
HOUSING ADVISORY BOARD AND SUPERSEDING COMMISSION RESOLUTION NO.
3056.
City Manager Johnson stated he had removed this item from the Consent Items at Commissioner
Hietala's request.
Commissioner Hietala questioned whythis resolution was on the agenda, particularly since there has
been no Commission discussion on the issue.
Commissioner Youngman responded that several months ago, the Commission discussed the
possibility of revising the purpose of the board to more accurately reflect its expanded duties, which have
become more advisory on policy than on expenditure of funds. She indicated that those expanded duties have
now been reduced to writing, and placing it on the agenda was triggered by the consultant coming next week.
Also, she noted that it has been difficult to fill the attorney position; and there has been an apparent lack of
representation from those involved in meeting housing needs. As a result, it seems appropriate to revise the
structure of the board to eliminate the attorney position and to add three positions for those with special
interests in various housing areas.
09-16-2002
-21 -
Commissioner Hietala voiced his strong concerns about the proposed revisions, noting the result is
to have seven members who are basically activists or are impacted by their income levels, with only three
representing the general community. He also read into the record an e-mail communication from one of the
board members, who is presently out of the country, voicing concern about the proposed revisions to the board
composition. He then asked that action on this item be delayed for a week to give him an opportunity to review
the proposal further and forward recommendations for a more balanced board.
Responding to Commissioner Cetraro, City Manager Johnson indicated that, following Commissioners
Brown and Hietala attending the policy governance conference, therewas discussion about moving as many
items to the consent agenda as possible, which is why this item appeared where it did on this agenda. He then
noted that the previous discussion was a brief one under "FYI Items" several weeks ago.
Commissioner Youngman identified the urgency of adopting this resolution and appointing new
members at this meeting, noting that BayArea Economics will be in Bozeman next week to work on updating
the needs assessment. She stated it would be unfortunate for the new members to miss out on those
meetings simply because the changes weren't made at this meeting.
Responding to Commissioner Youngman, Commissioner Hietala stated he feels this resolution has
gone through an insufficient process, noting that both he and Commissioner Cetraro, as new Commissioners,
have been out of the loop.
Mayor Kirchhoff recognized the validity of an objection based on the lack of due process. In this
instance, however, he noted the revision seems to be for the good of the community. He then indicated that
he, too, was a bit surprised to see this item on the consent agenda.
Mr. Travis Schnicke, member of the Community Affordable Housing Advisory Board, stated he was
shocked that these revisions were not brought to the attention of the board before being placed on the
Commission agenda. He noted that the legal professional was a wise contributor on the board and questioned
the wisdom of removing that position and expanding the board with positions representing only one segment
of the community. He concluded by asking that the legal position not be eliminated.
Commissioner Youngman stated that if the board needs legal assistance, the City staff can provide
it. She also noted this has been the most difficult position on the board to fill.
Responding to Mayor Kirchhoff, Commissioner Youngman indicated that the board discussed its
purpose three times, and in February the board agreed in principle on those changes. She acknowledged that
the language of those revisions was not submitted to the board for its review and approval, nor was possible
expansion of the board or the proposed make-up. She indicated that she and Caren Roberty, who works for
HRDC and serves as staff person to the board, felt some of the fundamental players in providing affordable
housing were not included on the board and forwarded the proposed changes.
Commissioner Brown stated that some boards and task forces may look unbalanced, but he feels it
is important to have people with expertise serving on them. He then noted that the City Commission has the
final say and can always say no to an advisory body's recommendation.
Commissioner Hietala reiterated his position that the City's boards should be more balanced and not
so heavily weighted.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Commission
Resolution No. 3540, revising the purpose and structure of the CommunityAffordable Housing Advisory Board,
be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Hietala and
Commissioner Cetraro.
Appointments to boards: (A) Community Affordable Housing Advisory Board; and (B) Historic
Preservation Advisory Board
Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated
September 12, forwarding a list of applications for these boards.
09-16-2002
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It was moved by Commissioner Brown, seconded by Commissioner Youngman, that appointments
be made to the Community Affordable Housing Advisory Board as follows: Marty Bakken be reappointed as
the real estate sales representative, with a three-year term to expire on June 30, 2004; Amanda Cater be
appointed as the representative from a recognized non-profit affordable housing development organization,
with an initial term to expire on June 30, 2005; Verne Klingensmith be appointed as a member of the public who
has a demonstrated interest in special needs housing with an initial term to expire on June 30, 2003; and
Michelle Weber be appointed as a resident in housing designated as Iow or moderate income housing, with
an initial term to expire on June 30, 2005. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being
Commissioner Cetraro and Commissioner Hietala.
It was moved by Commissioner Youngman, seconded by Commissioner Brown, that Jeff Rupp be
appointed to fill the vacant at large position on the Historic Preservation Advisory Board, with a term to expire
on June 30, 2003. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Brown, Commissioner Cetraro, Commissioner Hietala and Mayor Kirchhoff; those
voting No, none.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Press release from the Gallatin County Open Lands Board announcing the appointment of Mike
Harris as the new Open Lands Coordinator.
(2) Flyer from Park and Gallatin Citizens' Alliance, dated September 2, thanking the County
Commission for expanding the emergency interim zoning ordinance to include all oil and gas exploration and
development.
(3)
meetings.
Listing of planning projects, dated September 12, to be considered at upcoming Commission
(4) Copy of the agreement between the Gallatin City-County Board of Health and Health Officer
Stephanie Nelson, effective July 1, 2002.
(5) Memo from Chris Pope, Chair of the Bozeman Parking Commission, dated September 10,
forwarding two ordinances to be considered by the Commission at next week's meeting.
City Manager Johnson asked the Commissioners to carefully review these documents, since the
ordinances will be placed on next week's agenda for action.
(6) Letter from Philip Saccoccia, Jr., dated September 10, requesting that zone code modifications
be made to differentiate commercial B-2 and regional commercial B-2, as identified in the Bozeman 2020
Community Plan.
(7) Preliminary copies of the resolutions to be considered at the upcoming Montana League of
Cities and Towns Conference.
(8) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, September
17, at the Willson School.
(9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday,
September 17, at the Professional Building.
(10) Agenda for the Zoning Commission meeting to be held at 7:00 p.m. on Tuesday, September
17, in the Commission Room, along with notice that no Planning Board meeting is scheduled due to lack of
business items.
(11 ) Copy of The Story Estate, a gathering place, as prepared by the Missouri Headwaters
Preservation Trust, in response to questions raised during last week's presentation.
09-16-2002
- 23 -
(12) City Manager Johnson distributed copies of a calendar showing meetings with various boards
on the second Tuesdays of each month. He suggested that, if the Commissioners are interested, he could
have his secretary schedule meetings out for a year in advance.
Commissioner Youngman suggested that the work session with the Recreation and Parks Advisory
Board be scheduled first, since they have requested a work session with the Commission.
Mayor Kirchhoff asked that meetings with boards be scheduled for just the next three months, after
which time the Commission can review the procedure and the benefit of the meetings.
(13) City Manager Johnson stated that Director of Public Safety Mark Tymrak met with the group
regarding implementation of the smoking ordinance. He noted that his secretary has prepared a brochure that
will be one of the pieces of information included in a packet to be mailed to all licensed businesses. The group
requested that information from organizations be included; the City has indicated it will not include that
information in its mailing but would be willing to include cardboard signs with the universal "no smoking" symbol
if the group can raise enough monies to purchase the signs.
(14) The City Manager indicated that he will e-mail the Commissioners his report on what has
happened around the city during the past week.
(15) Mayor Kirchhoff stated that he feels leadership training for the Commissioners could be
beneficial, particularly in light of the last two agenda items.
Adjournment - 12:00 a.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown,
Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none.
STEVEN R. KIRCHHOFF, Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
09-16-2002