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HomeMy WebLinkAbout2002-11-18 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 18, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, November 18, 2002, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Andrew Cetraro, City Manager Clark Johnson, Planning Director Andy Epple, StaffAttorney Patricia Day-Moore and Clerk of the Commission Robin Sullivan. Commissioner Jarvis Brown was absent. 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. Authorize absence of Commissioner Brown from this meeting It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the absence of Commissioner Brown from this meeting be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Minutes - January 18, 2000, and May 13, October 2, November 8-9, and November 12, 2002 It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that the minutes of the meeting held on November 8 and 9, 2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 13, October 2 and November 12, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3558 - creating Special Improvement Lighting District (SlLD) No. 672 (Cattail Creek Subdivision, Phase I) COMMISSION RESOLUTION NO. 3558 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 672 (CATTAIL CREEK, PHASE I); CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. Commission Resolution No. 3559 - creating Special Improvement Lighting District (SlLD) No. 673 (Harvest Creek Subdivision, Phase V) 11-18-2002 COMMISSION RESOLUTION NO. 3559 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 673 (HARVEST CREEK, PHASE V); CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. Commission Resolution No. 3560 - authorize City Manager to sign Change Order No. 9 for the Bozeman Solvent Site water main project - COP Construction Co., Billinos. Montana - add $2,660.20 and 0 calendar days COMMISSION RESOLUTION NO. 3560 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH COP CONSTRUCTION COMPANY, BILLINGS, MONTANA. Approval of final plat for Harvest Creek Subdivision, Phase VI (subdivide 8.9681 acres located north of Durston Road between Hunters Way extended and Sweetgrass Avenue extended into 37 residential lots) (P-02044) Exemption from subdivision review - relocate common boundary between Tracts A and B, Amended Subdivision Plat of Tracts 2, 3 and 4, Van Horn Subdivision - Paradigm Development, LLC (along the south side of West Babcock Street, east of its intersection with Fowler Avenue) (E-02015) Award bid - one floating sludge lagoon dredge with rail traverse systems for Wastewater Treatment Plant - SRS Crisafulli, Glendive, Montana, in the bid amount of $88,544.00 Claims Itwas moved by Commissioner Cetraro, seconded by Commissioner Youngman, 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 Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearing - preliminary plat for minor subdivision - Gaston Engineering and Surveying for Cape- France Enterprises - subdivide 10.667-acre tract described as Tract A-2, COS No. 1827 into two commercial lots (east side of Valley Center Road, northwest of its intersection with North 19th Avenue) (P-02043) This was the time and place set for the public hearing on the preliminary plat for a minor subdivision, as requested by Gaston Engineering and Surveying for Cape-France Enterprises under Application No. P-02043, to subdivide a10.667-acre tract described as Tract A-2, Certificate of Survey No. 1827, into two commercial lots. The subject property is located along the east side of Valley Center Road, northwest of its intersection with North 19th Avenue. Mayor Kirchhoff opened the public hearing. Assistant Planner Jami Morris presented the staff report. She noted the subject 11-acre parcel lies between Valley Center Road and Interstate 90. Staff has reviewed the application in light of the criteria set forth in State statutes, and staff's comprehensive findings are contained in the written staff report. The Planner noted that, at its November 6 meeting, the City Planning Board reviewed the application in light of those criteria and, following that review and consideration of public comment, concurred in staff's findings and 11-18-2002 -3- recommendation for approval, with some slight revisions to the conditions as drafted by staff. She briefly highlighted those revisions, and noted that the Montana Department of Transportation has approved a right-in- right-out only access on the north end of the property and a full access approach in essentially the center of the property. Mr. Steve Rude, Gaston Engineering and Surveying, stated that the conditions as recommended by the Planning Board are acceptable to the applicant. He then indicated a willingness to respond to questions. No one was present to speak in opposition to the proposed preliminary plat. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Itwas moved by Commissioner Youngman, seconded by Commissioner Hietala, that the preliminary plat for a minor subdivision, as requested by Gaston Engineering and Surveying for Cape-France Enterprises under Application No. P-02043, to subdivide a10.667-acre tract described as Tract A-2, Certificate of Survey No. 1827, into two commercial lots be approved, subject to the following conditions: In order to guarantee implementation of the Class I Entryway requirements, permanent irrigation wells, grass and street trees (at a planting rate of one tree for every 50 feet of linear street frontage) shall be installed within the boulevard adjacent to Valley Center road. An encroachment permit must be approved bythe Montana Department of Transportation for any improvements within the right of way. A maintenance plan shall be provided in the covenants that address the maintenance, upkeep and repair of the permanent irrigation system, streetscape, pedestrian trail/ sidewalk corridor, snow removal areas and stormwater facilities by the property owners' association. Access to the lots shall be adjusted to reflect the agreed locations outlined in the Valley Center Access Plan from the Montana Department of Transportation (MDT). Details for the 8-foot asphalt trail/pedestrian corridor to be constructed within the designated right of way for Valley Center Road shall be provided with the final plat. 5. The 50-foot Class I Entryway setbacks shall not be identified on the final plat. Per Section 16.14.050 "Easements", the rear and side yard utility easements shall be 20 feet wide, centered on the lot lines, and the front yard utility easements shall be 12 feet wide. In the event front yard easements are used, rear yard easements must still be provided unless written confirmation is submitted to the Planning Department from ALL utility companies indicating that front yard easements only are adequate. The utility easement may be combined with the sewer or water line easement if the plat identifies the easement as a "SewedUtility Easement" or "Water Line/Utility Easement". Cash-in-lieu of water rights, as calculated by the Director of Public Service, shall be paid with the final plat submittal. All detention pond facilities shall be identified as "Common Areas" to be owned and maintained bythe property owners' association and noted accordinglyon the final plat and in the covenants. All stormwater facilities shall be located outside of the Class I Entryway setbacks unless the following criteria are adequately addressed: a) not more than 1/3 of the Class I Entryway setbacks, exclusive of drive accesses, are used for the purposes of retention/detention ponds; b) location of retention/detention ponds do not conflict with design requirements, landscape requirements or pathways; c) retention/detention ponds demonstrate superior design and treatment of stormwater runoff, as well as excellence in integration with landscaping, and do not exceed a maximum slope of 1:3; and d)groundcover for retention/detention ponds shall consist 11-18-2002 -4- of native turf grass or groundcover certified by a licensed nurseryperson, not more than 30 percent of the area shall consist of non-organic groundcover. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy shall be provided to the Planning Department. 10. The final plat shall conform to all requirements of the Bozeman Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3½-inch floppy disk; and five (5) paper prints. 11. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. 12. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 13. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 14. Waivers of right to protest the creation of an SID shall be filed for improvements to Valley Center Road from North 27th Avenue to North 19th Avenue, including signalization improvements to the intersection of North 19th Avenue and Valley Center Road. Improvements to Valley Center Road may be required with development on the individual lots if an SlD has not been established for the improvements, or the improvements are not complete at that time. 15. Access permits shall be obtained from the Montana Department of Transportation for the access locations onto Valley Center Road prior to final plat approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Public hearing - Zone Map Amendment - amend the zoning designations on specified lots within Phases 2A and 2B, StoneRidge Subdivision Planned Unit Development either from "R-O" to "B-I" or from "B-I" to "R-O" - Springer Group Architects for Cape-France Enterprises, Inc. (lots lying along the west side of North 19th Avenue between Durston Road and Baxter Lane) (Z-02203) This was the time and place set for the public hearing on the Zone Map Amendment requested by Springer Group Architects for Cape-France Enterprises, Inc., under Application No. Z-02203, to amend the zoning designations on specified lots within Phases 2A and 2B, StoneRidge Subdivision Planned Unit Development either from "R-O," Residential-Office, to "B-1 ," Neighborhood Service, or from "B-1 ," Neighborhood Service, to "R-O," Residential-Office. The subject lots lie along the west side of North 19th Avenue between Durston Road and Baxter Lane. Mayor Kirchhoff opened the public hearing. 11-18-2002 -5- Assistant Planner Karin Caroline presented the staff report. She stated that under this application, the zoning on various lots within Lot 5 of the StoneRidge Minor Subdivision PUD and the remaining tract created by Minor Subdivision, Phase I of the StoneRidge Subdivision PUD would be amended as follows: from "B-1" to "R-O" on Lots 2, 3 and 4; and from "R-O" to "B-I" on Lots 8, 13, 14, 16, 21,22 and 23. She reviewed the locations of those lots for which rezoning is being sought and identified the development that has occurred on some of those lots. She indicated that Lots 2, 3 and 4 are currehtlyzoned "B-1 ;" but, in reality, office buildings have been constructed on all three lots and the requested rezoning would allow the zoning to mirror the actual development. She noted that both staff and the Zoning Commission have recommended approval of that rezoning. The Assistant Planner turned her attention to the requested rezonings from "R-O" to "B-1" on several lots. She indicated that Lot 8 is located at the southwest corner of the intersection of North 19th Avenue and North 22nd Avenue and is currently vacant. Staff has suggested that North 22nd Avenue be the demarcation between "B-1" and "R-O" zoning and, as a result, recommended approval of that zone change; and the Zoning Commission concurred in that recommendation. She then stated that a professional office building is currently being constructed on Lot 13, but the applicant is seeking rezoning from "R-O" to "B-1" for that lot as well as Lots 14 and 16, which are vacant. She indicated that staff is not supportive of the requested rezoning on this lot or on Lots 14 and 16; and the Zoning Commission concurred in that recommendation. She noted that Lots 21,22 and 23 are located at the intersection of North 19th Avenue and West Oak Street and are currently vacant; and staff is supportive of the requested rezoning from "R-O" to "B-1 ." The Zoning Commission was supportive of the "B-1" zoning for Lots 21 and 22 but recommended that the "R-O" zoning be retained on Lot 23 to provide a buffer between the commercial zoning and the residential development immediately to the west. As a result of the Zoning Commission's action, Condition No. 3.c. and Condition No. 4 were eliminated. At Mayor Kirchhoff's request, the Assistant Planner reviewed the public comment received to date, noting that letters from five of the adjoining property owners were included in the packet. She noted that their main concern is that they do not want"B-l" zoning or commercial development immediately adjacent to their residential properties. The residents are also concerned about the potential of apartments being constructed on the "R-O" zoned lots. In addition, they have asked that the height of the professional office buildings be limited to a single-story, possiblywith a second story that does not exceed a certain percentage of the footprint. She indicated that modification of the planned unit development guidelines for the StoneRidge PUD will be the subject of a public hearing before the Commission in two weeks, and this is the type of issue that would be most appropriately considered at that time. Responding to questions from Mayor Kirchhoff, the Assistant Planner stated that the zoning on the westernmost lots in StoneRidge were rezoned from "R-2-A" to "R-O" in November 2001, and no further rezoning is contemplated at this time. She then noted that the 35-foot streambank setback for Catron Creek and the open space for Brentwood do provide some buffering between the residences and development of the westernmost lots within StoneRidge. Responding to Commissioner Cetraro, Assistant Planner Caroline stated that under the original "R-2-A" zoning designation, it was anticipated this portion of StoneRidge would be developed with manufactured and mobile housing. Mr. Lowell Springer, architect representing the applicant, showed the Commissioners the original documents for the StoneRidge PUD that were created in 1997 and 1998. He drew the Commissioners' attention to the initial plan, which showed the entire area between West Oak Street and Durston Road as developed, the subsequent plan that showed little development in that area because the underlying zoning did not support the proposed uses, the initial list of uses and the amended list of uses. He noted that the applicant's team operated under the premise that the uses allowed under a planned unit development can be located on any of the lots, even if the underlying zoning does not allow that particular use; and it was their expectation that 20 percent of those lots zoned "R-O" would be developed as commercial. That interpretation was contrary to the staff's position and, as a result, they have sought the rezoning needed to allow the desired activities on specific lots. Mr. Springer noted that the residents in Brentwood have raised concerns about the type of development that occurs next to them, and he feels those concerns are legitimate. He assured the residents and the Commission that no apartments are to be constructed on the lots adjacent to Brentwood Subdivision and that no manufactured homes will be located within this portion of the StoneRidge PUD. He indicated that, through 11-18-2002 6- the construction of professional offices and small neighborhood commercial buildings, this subdivision can serve as a buffer between Brentwood subdivision and North 19th Avenue. He concluded by recognizing the concerns that have been voiced about the requested rezoning of Lot 23. Mr. Neal Riley, 2109 Maplewood Street, noted he purchased his home in June, partially on the assurance that the StoneRidge PUD lots were zoned "R-O." He stated that, after he purchased his home, the cul-de-sac on Maplewood was opened; and the commercial traffic from StoneRidge will have negative impacts on his home and his neighborhood. He noted that he has no problem with the professional office development that is occurring because that use is primarily a daytime use and would not generate nighttime traffic. He stated there is adequate commercial development at the intersection of North 19th Avenue and West Oak Street, and he does not believe that the southwest corner needs to be devoted to that type of development. Mr. Roger Craft, 1100 Mountain Ash Avenue, voiced concern that the zone code allows "R-4" density apartment development in the "R-O" zoning district; and allowing that type of development adjacent to single- family residential development would be inappropriate. He stated that, during the public hearing before the Zoning Commission, the residents were assured that office type buildings were to be constructed on the lots adjacent to the residential subdivision. He recognized Mr. Springer's concern that limiting those buildings to single-story structures would result in a cookie cutter appearance and noted he has forwarded a suggested compromise that up to 40 percent of a building footprint could be two stories. He asked that the Commission endorse this agreed-upon compromise to ensure both the developer and the adjacent residents are protected. Mr. Ron Deriana, 2020 Windsor Street, stated he is President of Brentwood II Homeowners' Association. He voiced support for the Zoning Commission's recommendation and for the compromise that was reached. Mr. Jeff Adams, 2112 Maplewood Street, stated that he, too, supports the Zoning Commission's recommendation. Mr. Dave MacDonald, 4011 Blackwood Road, noted that he has constructed all of the office buildings in this portion of StoneRidge PUD to date. He stated there is close to 40,000 square feet of office space now available in this area, and he is beginning to receive requests for construction of other types of businesses. He noted that many small businesses are located in the office buildings and suggested that coffee shops, a copy center, delis and other types of business that cater to small offices could blend well and provide needed services to the office center. He encouraged the Commission to approve the requested rezonings to allow for the desired mixture of uses, particularly in light of the amount of new office space that is now available throughout the community. Mr. Darin Lenz, 1116 Mountain Ash Avenue, stated his family purchased the home with the understanding that the adjacent zoning was "R-O." He voiced a willingness to accept the requested "B-I" zoning along North 19th Avenue as long as the office building buffer remains between the houses and the commercial uses. Assistant Planner Karin Caroline noted that staff does not support rezoning of Lot 16, but the applicant seems to desire that rezoning. She cautioned that Stephens Street will have a right turn only access to North 19th Avenue, which will make access to that lot more difficult. Mr. Lowell Springer stated that, while he does not necessarily agree with the compromise to allow two- story office building development as written by Mr. Craft, he feels it is the basis for establishing neutral ground upon which everyone can meet. He suggested that this is an issue to be addressed in two weeks when revisions to the development guidelines are considered. He then turned his attention to the requested "B-1" zoning, noting that the mix of uses could actually decrease traffic and would meet the intent of the planned unit development as initially approved. He concluded by noting that the requested rezonings are essentially the same size. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Planning Director Epple stated that the underlying zoning designation determines the types of uses allowed on a lot, even in a planned unit development; and that is a point that staff has been unsuccessful in 11-18-2002 -7- conveying to the applicant over the years. As a result, he noted that some rezonings within the planned unit development have been necessary to allow the applicants to undertake the type of development proposed in the initial application. He then noted that staff's recommendation to limit "B-1" zoning to those lots south of North 22nd Avenue and the lots at the corner of North 19th Avenue and West Oak Street is based the desire to avoid strip retail commercial along North 19th Avenue. Mayor Kirchhoff voiced his support for the Zoning Commission recommendation. He also noted an interest in height limitations and possibly limitations on use on those lots abutting Brentwood Subdivision. Commissioner Cetraro noted that"R-O" type development has occurred on lots zoned for "B-I" type development, and the applicant is simply requesting the "B-1" zoning on other lots to allow for the mix of uses previously contemplated. He then indicated his support for all of the requested rezonings except for Lot 23. Commissioner Youngman stated she cannot support such extensive rezoning. She indicated that she cannot support rezoning of Lots 13 and 14; however, she would consider rezoning of Lot 16 even though she has mixed feelings about it. Commissioner Hietala voiced support for more mixed use and architectural diversity. He noted that, as reflected in a recent newspaper article, Bozeman is beginning to suffer from an excess of office space; and he feels the developer should be given alternatives for continuing to develop this subdivision. Mayor Kirchhoff indicated that he could support Commissioner Youngman's suggestion. It was moved by Commissioner Cetraro, seconded by Commissioner Hietala, that the Zone Map Amendment requested by Springer Group Architects for Cape-France Enterprises, Inc., underApplication No. Z-02203, to amend the zoning designations on specified lots within Phases 2A and 2B, StoneRidge Subdivision Planned Unit Development either from "R-O," Residential-Office, to "B-1 ," Neighborhood Service, or from "B-1 ," Neighborhood Service, to "R-O," Residential-Office, be approved by amending the zoning as follows: from "B-I" to "R-O" on Lots 2, 3 and 4; and from "R-O" to "B-I" on Lots 8, 13, 14, 16, 21 and 22, subject to the following: The only lots in Phase 2B that would support a "B-I" zoning change shall be the following with the exact lot area and dimensions as previously approved in the major subdivision preliminary plat application No. P-02017: Lot 21 - 33,483 square feet - 0.77 acres Lot 22 - 57,284 square feet - 1.32 acres Total - 2.09 acres The applicant shall submit, within thirty (30) days of approval by the City Commission, a 24-inch by 36-inch mylar zone map titled "Cape-France," an 8Y~-inch by 11-inch or 8¼-inch by 14-inch paper map and a digital copy to the Planning Office containing the metes and bounds legal description, total acreage and adjoining rights-of-way and/or street access easements, acceptable to the Director of Public Service. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Cetraro and Commissioner Hietala; those voting No being Commissioner Youngman and Mayor Kirchhoff. It was moved by Commissioner Youngman, seconded by Commissioner Cetraro, that the Zone Map Amendment requested by Springer Group Architects for Cape-France Enterprises, Inc., under Application No. Z-02203, to amend the zoning designations on specified lots within Phases 2A and 2B, StoneRidge Subdivision Planned Unit Development either from "R-O," Residential-Office, to"B-1 ," Neighborhood Service, or from "B-1 ," Neighborhood Service, to "R-O," Residential-Office, be approved by amending the zoning as follows: from "B-I" to "R-O" on Lots 2, 3 and 4; and from "R-O" to "B-I" on Lots 8, 16, 21 and 22, subject to the following: 11-18-2002 -8- The only lots in Phase 2B that would support a "B-I" zoning change shall be the following with the exact lot area and dimensions as previously approved in the major subdivision preliminary plat application No. P-02017: Lot 21 - 33,483 square feet - 0.77 acres Lot 22 - 57,284 square feet - 1.32 acres Total - 2.09 acres The applicant shall submit, within thirty (30) days of approval by the City Commission, a 24-inch by 36-inch mylar zone map titled "Cape-France," an 8Y~--inch by 11 -inch or 8½-inch by 14-inch paper map and a digital copyto the Planning Office containing the metes and bounds legal description, total acreage and adjoining rights-of-way and/or street access easements, acceptable to the Director of Public Service. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Cetraro and Mayor Kirchhoff; those voting No being Commissioner Hietala. Break - 8:18 to 8:25 p.m. Mayor Kirchhoff declared a break from 8:18 p.m. to 8:25 p.m., in accordance with Commission policy. Public hearing - Zone Code Amendment - add, delete and revise various definitions in Chapter 18.04 related to telecommunications broadcast facilities; revise Chapter 18.57 to clarify requirements and review procedures and standards for telecommunications broadcast facilities and add new requirements for mitigation of impacts for those facilities (Z-02212) This was the time and place set for the public hearing on the Zone Code Amendment initiated by the City Commission under Application No. Z-02212, to add, delete and revise various definitions in Chapter 18.04 related to telecommunications broadcast facilities; revise Chapter 18.57 to clarify requirements and review procedures and standards for telecommunications broadcast facilities and add new requirements for mitigation of impacts for those facilities. Mayor Kirchhoff opened the public hearing. Associate Planner Chris Saunders presented the staff report. He noted that these revisions are being brought forward at the Commission's request, following the review of three recent proposals for the construction of collocation towers. He stated that the Zoning Commission conducted its public hearing on these amendments at its November 6 meeting and forwarded its recommendation for approval after review of the proposed amendments and the staff report. The Associate Planner stated that the FCC has control over a number of aspects relating to telecommunications, and the City is not allowed to regulate in those areas. Other aspects are reserved to local governments; however, he cautioned that the telecommunications industry is constitutionally protected and any regulations must be balanced in a manner similar to free speech issues. He indicated that the amendments proposed seem to fall within those parameters, providing a balance between community desires and needs and the character of the telecommunications industry. Associate Planner Saunders briefly reviewed the changes contained in these amendments. Those include a revision to the intent and purpose section to clarify issues that have been identified, add special submittal requirements, add new review procedures, revise some of the definitions and add illustrations. He indicated that under the review section, a new category has been added for the micro-scale broadcast facility, which is ten feet or less. He indicated that the micro-scale broadcast facility and location on an existing collocation tower are identified as the "most favored" category, with a streamlined review process attached. He noted that a stealth installation is required in entryway corridors or conservation overlay districts. He then stated that the small-scale broadcast facility, large-scale broadcast facility, and collocation towers are subject to more stringent review procedures, to ensure that their impacts are mitigated. 11-18-2002 -9- Responding to Mayor Kirchhoff, the Associate Planner stated that these amendments strongly encourage installation of the smallest broadcast facility possible but do not preclude the installation of a large- scale broadcast facility. He recognized that, particularly on the west side of the community, there is no way to adequately provide service without a large-scale facility since there are no tall buildings and no topographic features to assist those installations. He stated that no height limitation on the towers is included, except that they cannot be tall enough to trigger the FAA's requirement for a blinking light. Ms. Katherine Dayton, Cutthroat Communications, agreed that she does not want to see a pincushion of towers nor does she want to see Bozeman sprawl. She expressed concern, however, that these amendments will make the installation of broadcast facilities cost prohibitive and time prohibitive for companies wishing to create infrastructure in Bozeman. She stressed that, if the Commission wishes to reduce sprawl and to fill existing office space, allowing for the telecommunications infrastructure is critical. She indicated that Cutthroat Communications is based at Bozeman and serves many other places in Montana, and its greatest difficulties are in providing service in Bozeman. Ms. Dayton stated many companies need line of sight to provide service, and the installation of every distribution site is done at significant cost. As a result, installing fewer and taller facilities is preferable to installing many 40-foot-high facilities. She concluded by once again expressing her concerns about the costliness of these proposed amendments and suggesting that, through more discussions, a happy medium could be reached that would provide the protections desired by the Commission. Mr. Jeff Tong, Bridger Communications, noted that he operates small-scale broadcast facilities. He stated that, while he is not as impacted by these amendments as those who operate larger facilities, he would still be impacted because of his limited financial assets and the amount of time it would take to provide the additional documentation. He encouraged the Commissioners to take a close look at Section 18.57.040.D., cautioning that this section could open the City to legal action in the future. He then concluded by suggesting that the amendments be subjected to a specialized communications legal review prior to Commission action. Mr. Thane Johnson, ISC and GlobalNet, voiced his concurrence with the comments of the previous speakers. He stated that, while he empathizes with the City's need to preserve the aesthetics, he finds the proposed changes too restrictive and too costly. He cited the requirement for the applicant to bear the costs of a consultant as an example, noting there are no limits on the cost or the level of analysis to be provided. He is also concerned about the cost of preparing the application under the proposed amendments, cautioning that the profit margins are very tight in the telecommunications industry. He concluded by stating that adoption of these changes would cause ISC to focus its business outside Bozeman. Mr. Bill Ray, Mesa Communications, stated his company does large-scale broadcast facilities. He noted that it is an arduous task to bring service into Montana because of the demographics and cautioned that these proposed amendments will make it even more difficult. He stated that he wants to see Bozeman grow, and telecommunications services are an essential part of that growth. He voiced his concurrence with the previous speakers and offered his services to develop amendments that would meet the needs of all entities. He noted that he has seen the "pincushions" and he does not want to see that occur in this area. He concluded by questioning why the amendments are written to prefer guy wired towers instead of monopole towers, which take less room and are easier to incorporate into a stealth installation. Mr. Eric Urband, Multi-Band Communications, stated his company provides DSL and wireless service. He indicated that their service is provided through a wire line in the downtown area and through wireless service outside that core. He suggested that the City look at the regulations adopted in other communities before taking action. He then suggested that the impacts of telecommunications towers on health are probably less than might be expected, since those services typically do not use a lot of power. Mr. Todd Bretz, Cutthroat Communications, stated that he is glad to see the new telecommunication technologies coming into Montana. He noted that Cutthroat Communications is expanding its services and will include high speed internet access. He stated that, to provide cost effective service, they must be able to minimize the number of installations while providing the customer a good and stable service. He suggested that, rather than bringing in outside consultants, the Citywork with the local industry to develop regulations that meet the community needs yet allow the industry to provide the needed services. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 11-18-2002 10- Associate Planner Saunders stressed that towers over 40 feet tall cannot be prohibited, and noted that the amendments as drafted do allow for the taller towers. He then noted that staff did look at the ordinances adopted in other communities, and stated that the general concept of preferring smaller facilities but allowing larger facilities seems to be a national trend. He once again stressed that a reasonable effort must be made to exhaust all other alternatives before seeking the large-scale broadcast facility. Responding to Commissioner Youngman, the Associate Planner stated it is appropriate for the telecommunications companies to cooperate in determining that a large-scale broadcast facility is needed in a certain area, so that they don't have to undertake that effort individually with each application. He also noted that, once the first installation is approved, collocation on that tower is subject to a very simple review. He then indicated that the guy wired tower and lattice tower have been identified as the preferred alternatives because they can be more easily retrofitted or expanded and, from driving around the state, it has become evident that they seem to disappear more quickly than a monopole facility. He then indicated that, if the Commissioners are concerned about the application hurdles identified by those who have testified, they should look carefully at the list on Page 3 of the proposed amendments. Mayor Kirchhoff proposed that two Commissioners, Associate Planner Saunders and those in the industrywho are interested meet later this week to review the proposed amendments and identify modifications and alternatives that could be acceptable to both parties. The Commissioners concurred, and it was determined that Mayor Kirchhoff and Commissioner Hietala will meet with members from the Planning staff and the industry on Wednesday morning to refine the proposed amendments. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that action on the Zone Code Amendment initiated bythe City Commission under Application No. Z-02212, to add, delete and revise various definitions in Chapter 18.04 related to telecommunications broadcast facilities; revise Chapter 18.57 to clarify requirements and review procedures and standards for telecommunications broadcast facilities and add new requirements for mitigation of impacts for those facilities, be tabled. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) E-mails from Suzanne Hepburn, 1910 South Tracy Avenue; Gale Farnsworth-Smith; Brian Prahl, 1805 South Willson Avenue; and Tom and Theresa J. Messick, 205 Circle Drive, voicing concern about the proposed Town and Country grocery store and the impacts it will have on the immediate area. (2) E-mail from Tom and Gini Nyquist, 2311 Spring Creek Drive, voicing support for the proposed Town and Country grocery store development. (3) Letter from Anne Banks, Recreation and Parks Advisory Board, thanking the Commission for its revisions to the subdivision regulations prior to adoption. (4) (5) Informer is Copy of the public notice regarding the garbage collection schedule during Thanksgiving week. Memo from the National League of Cities, dated November 5, announcing that the Policy available on their website. (6) Updated listing of planning projects to be considered at upcoming Commission meetings. (7) Agenda for the County Open Lands Board meeting to be held at 7:00 p.m. on Monday, November 18, at the Fairgrounds. (8) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, November 19, at the Willson School. 11-18-2002 -11 - (9) Agenda and revised agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, November 19, at the Professional Building. (10) Agenda for the Zoning Commission meeting to be held at 7:00 p.m. on Tuesday, November 19, in the Commission Room, along with notice that no City Planning Board meeting will be held. (11) Minutes for the Bozeman Alcohol Policy Advisory Council meeting which was held on November 6. (12) City Manager Johnson announced that the sale of bonds for the library is tentatively set for January 13. He indicated that, if it is determined beneficial, the transportation bonds may be refinanced at that time. (13) City Manager Johnson stated he and Commissioner Youngman have been corresponding about whether the City wishes to become actively involved in the upcoming legislative session. He noted that the County Commission has scheduled a meeting with the legislators but has not invited any cities to participate. He stated one suggestion has been to work with various agencies in the community to identify legislative issues or principles upon which everyone can agree, recognizing that some potential legislation could have significant negative impacts on the community. Commissioner Youngman noted that, if the City chooses to spearhead such an organized effort, it is imperative those involved identify revenue alternatives to prevent cuts in other areas. She then stressed the importance of meeting with the legislators before they leave and noted that, if at all possible, it would be beneficial to get all of the legislators to support the issues identified rather than once again having a split delegation. Following discussion, a majority of the Commissioners agreed that a meeting with various agencies would be beneficial. The City Manager indicated that he will organize a meeting, probably during the first week of December, and get a facilitator to manage the discussion. (14) Planning Director Epple asked if a walking tour of the site at the corner of Kagy Boulevard and South Third Avenue would be beneficial in light of the application being submitted byTown and Country. The Commissioners indicated they have already walked the site and that such a tour would not be beneficial. The Planning Director then noted that, in light of the number of people interested in this issue, moving the Commission meeting to another location might be appropriate. Due to the location of this site, it was suggested the meeting might be held at the Sacajawea Middle School or Morning Star School. (15) Mayor Kirchhoff noted that some communities limit the number of times each year that they review zone changes and asked if it would be worthwhile to consider such a policy locally. Planning Director Epple responded by noting that amendments to the new growth policy are to be considered once a year. He suggested that another alternative might be to establish a minimum amount of time before reconsidering a zoning application has been denied. He indicated that staff will do some quick research on how this issue is handled in other communities and report back within the next couple of weeks. (16) Commissioner Youngman asked how many Commissioners plan to attend the growth seminar on Friday. She, Commissioner Hietala and Mayor Kirchhoffall indicated their intent to attend; Commissioner Youngman then noted that one of them will be designated to keep minutes of the seminar. Adjournment - 9:45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. 11-18-2002 -12- ATTEST: ROBIN L. SULLIVAN Clerk of the Commission STE~/I~N IP,. KII~CRROFF, Mayor / ~/' 11-18-2002