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HomeMy WebLinkAbout1998-06-01 Minutes, City Commission --- ~_._'---_.,_._'~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA , June 1, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, Monday, June 1, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Acril 6. Avril 27. May 4. May 18 and May 26. 1998 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the . minutes of the meetings of April 27, May 4, May 18 and May 26, 1998, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Mayor Stiff deferred action on the minutes of the meeting of April 6 to a later date. Preliminarv olat for Amended Plat of West Park Manor Subdivision - Western Federal Savings Bank of Montana - subdivide 1.283 acres described as Lots 6 and 7 of the Rearranaement of a Dortion of Lot 8. West Park Manor. First Addition. into three lots for commercial uses (1941 West Main Street) (P-9824) This was the time and place set for review of the preliminary plat requested by Western Federal Bank of Montana under Application No. P-9824, to subdivide 1.283 acres described . as Lots 6 and 7, Rearrangement of a portion of Lot 8, West Park Manor, First Addition, into three lots for commercial uses. The subject property is more commonly located at 1941 West Main Street. Associate Planner Jody Olsen presented the staff report. She stated that under this application, two existing lots located at the northeast corner of the intersection of West Main 06-01-98 -- .-.. --.- .-.------ .....-. -- .-..--- ----- - 2 - Street and North 20th Avenue are to be subdivided into three lots for commercial uses. She noted that the former Western Federal Savings Bank, drive-through and parking lot are located on one of the two existing lots. She stated the subject property is currently designated for commercial use under the master plan, and it is zoned "B-2", Community Business. She . indicated that the proposed amended plat would be compatible with both the 1990 Bozeman Area Master Plan Update and the zone code. The Associate Planner stated that the subject property is served by City water and sewer and, with this subdivision, two new water services and two new sewer services will be required for the site; and that will result in a pavement cut in North 20th Avenue. She then indicated that the Development Review Committee expressed concern about the viability of Lot 1, based on its size, shape and the 30-foot sewer easement across it. Associate Planner Olsen stated that the City-County Planning Board considered this application at its May 19 meeting. She stated that, following the public hearing and review of the criteria and staff's comprehensive findings, as found in the written staff report, the Board recommended approval, subject to the nineteen conditions forwarded in their resolution. . Mayor Stiff stated he is extremely concerned about the traffic in the immediate area, including North 20th Avenue, West Beall Street and North 19th Avenue; and he feels that allowing one more business to be located in the area might be inappropriate. Associate Planner Olsen indicated that one of the Development Review Committee members raised this issue. She noted that, during discussion about that concern, it was determined the gross square footage of buildings that can be constructed on the site, whether it is divided into two lots or three lots, will be essentially the same, so the impacts on traffic should be very similar. She stated that, with three lots, the buildings will be smaller. Responding to Commissioner Youngman, the Associate Planner stated that if the Commission is concerned about the traffic that will be generated by the development of this . site, then it would be appropriate to add a condition to approval of this application. Commissioner Youngman noted that the last time the residents along North 20th Avenue approached the Commission, they proposed signage and designs for possible traffic calming bulbs or islands. She expressed her concern for the safety of children in the park which is across the street from this property and suggested that a condition be added to require staff 06-01-98 -- ---. ---------- - 3 - and the developers to explore addressing the traffic issues in a manner which is mutually acceptable. She suggested that this could be a median along this portion of the street. Mayor Stiff stated that he cannot support this proposed subdivision, indicating that he feels two businesses will generate more traffic than one. . Associate Planner Jody Olsen stated that the deadline for acting on this preliminary plat is today. She suggested, however, that if the applicant is willing to extend the time, the Commission could possibly delay action on this application to give staff time to develop an additional condition. Commissioner Rudberg stated that, with the size of the lots that will be created under this subdivision, the buildings will not be very large. She then stated that it is difficult to deal with the traffic at this time since no one knows when or how the lots will develop. She noted, however, that the Development Review Committee will review any proposal for development of these lots and suggested that the traffic issues could be more appropriately addressed at that time. Commissioner Frost indicated his willingness to address the traffic issues at this time, . if it is appropriate to do so. Mr. Chuck Swenson, applicant, stated he is in the process of acquiring this property. He indicated that they plan to change the entryway into the bank, noting that the existing driveway onto North 20th Avenue will be narrowed from 35 feet to 24 or 25 feet. He stated that care will be taken when the parking lot to the north is created, with definite traffic flows being identified. He then indicated that at this time, he has no specific plans for development of the site, noting that the "B-2" zoning will allow office space or retail sales. He stated once the subdivision is approved, he can proceed to developing a reasonable plan for the buildings to be located on the site. Responding to Commissioner Rudberg, Mr. Swenson stated that access to the lots will . be from North 20th Avenue, although the existing driveway between West Main Street and North 20th Avenue will remain and can be accessed from each of the lots. Responding to Mayor Stiff, Mr. Swenson stated that the existing driveway from the bank is approximately 160 feet north of West Main Street. He recognized that, to allow for egress from this lot, changes to the existing island will be required, and suggested that this may provide the alternative to make additional changes. 06-01-98 -.. - -- --.- -----..- -- .. .--.-...----- - 4 - Commissioner Youngman stated that retail will generate significantly more traffic than the bank did; and her main concern is not the ingress/egress configuration, but the traffic going north on North 20th Avenue. She then reiterated her suggestion that a condition be added to require that the applicant and staff work out an appropriate traffic calming device, recognizing . that it might be repairing the existing island and installing signage. Mr. Chuck Swenson stated he feels that is reasonable. He then indicated that he had considered a large building on the existing vacant lot, but felt two nice smaller buildings would be better. Responding to the Commission, Mr. Swenson indicated a willingness to grant the Commission a two-week extension so that staff can develop an additional condition for Commission consideration. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission defer its decision on this preliminary plat for a period of two weeks, to give staff an opportunity to prepare a proposed additional condition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, . Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Reauest for financial sUDport for uDcoming summer Drogram - Moira Haggertv Keshishian. Montana ShakesDeare in the Parks Included in the Commissioners' packets was a letter from Ms. Moira Haggerty Keshishian, dated May 18, 1998. Ms. Keshishian stated that in the last few weeks, she has found out that the Shakespeare in the Parks program will receive $17,000 less than anticipated from Montana State University for Fiscal Year 1998-1999. She noted it is their desire to provide nine shows at no cost to those who attend. She indicated that Sweet Pea has committed to paying $4,000 to Shakespeare in the Parks for their performance during Sweet Pea, so the program . now has a $13,000 for its season which opens on June 25. Ms. Keshishian stated that, throughout the country, City governments support programs like Shakespeare in the Parks, noting that free performances are quite rare. She concluded by requesting that the City contribute to this year's program. 06-01-98 ---..-- ---.---- .-..-- - 5 - Responding to Commissioner Smiley, Ms. Keshishian stated that the total budget for this year's program is $250,000, and identified several corporate sponsors who have committed to contribute toward those costs. Mayor Stiff stated that the Commission begins its work on the budget for the upcoming . fiscal year tomorrow night, and will take this request into consideration during that process. The Commission thanked Ms. Keshishian for her presentation. Ordinance No. 1471 - revisinc;J Sections 3.24.010. 3.24.030. 3.24.040. 3.24.060. 3.24.070. 3.24.080. 3.24.100 and 3.24.110 of the Bozeman MuniciDal Code. re imDact fees and the imD8ct fee credit Drogram Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1471, as approved by the City Attorney, entitled: ORDINANCE NO. 1471 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 3.24.010, 3.24.030, 3.24.040, 3.24.060, 3.24.070, 3.24.080, 3.24.100 AND 3.24.110, AS AMENDED BY ORDINANCE NO. 1464, WHICH ORDINANCE IS NOT CURRENTL Y CODIFIED; PROVIDING FOR REVISIONS . TO REFERENCE THE JAMES DUNCAN AND ASSOCIATES STUDY, AS UPDATED; AMEND THE DEFINITIONS TO INCLUDE A DEFINITION OF "IMPACT FEE CAPITAL IMPROVEMENT PROGRAM"; PROVIDING FOR REVISIONS TO THE CREDITS AGAINST DEVELOPMENT IMPACT FEES PROGRAM; AND PROVIDING FOR REVISED FEES IN THE TABLES FOR EACH OF THE IMPACT FEE PROGRAMS. Commissioner Frost stated he does not support the credit program, expressing concern that with the way this ordinance is written and the way that impact fees are being collected, it is possible to have more owed in credits than there is in the fund. He noted that this could result in the City being required to find monies in other sources to cover those costs. He also stated that if impact fees are determined to be illegal, the City will be responsible for any credits it has given. He indicated that he is uncomfortable with collecting impact fees at 1/3 of the identified level, yet giving credits on a dollar-for-dollar basis. He then noted that he has no problem with any other portion of the ordinance. . Commissioner Youngman stated she, too, is concerned about obligating more in credits than may be in the fund. She then asked about the possibility of limiting credits until the impact fee funds have more money in them or revising the ordinance to not include a cash option. 06-01-98 - 6 - Mayor Stiff stated that credits may be issued only on projects on the capital improvements program list. Commissioner Smiley stated the credit section of the ordinance has been of concern to her, and requested answers to the questions that have been raised. . Commissioner Youngman asked if the capital improvement program for each impact fee is based on collecting 90 percent of the fees identified in the studies. City Manager Clark Johnson stated that the capital improvement programs for each of the impact fee funds is based on a five-year projection, and the total costs of the projects in the list do not exceed the anticipated revenues. He noted that the revenues were estimated, based on the levels at which staff anticipated the Commission would enact. He then acknowledged that if the Legislature makes impact fees illegal, the City will incur the risk of having to buy the impact fee credits that it has issued. Assistant City Manager Ron Brey stressed the importance of making sure that the projects in the capital improvements program list are the right ones. He noted that when a project is completed, it is deleted from the list. He noted that needed projects are being built . under these programs. Responding to Commissioner Frost, the Assistant City Manager stated that projects not on the five-year capital improvement program are not eligible for impact fee credits. He indicated that staff evaluates the programs a couple of times a year, and the Commission may change the list at any time. He noted there might be only one project on the impact fee capital improvement program list. He also suggested that, if a project is to be funded from various funding sources, including impact fees, language could be included to specify that impact fees will be used for only a portion of the project. City Attorney Luwe stated the Commission can control what is in the capital improvement program; and it can require the developer to install a larger infrastructure than is required to serve a development when more capacity is needed to serve an area of the . community, with the City covering the oversizing. Responding to Commissioner Youngman, the Assistant City Manager stated that if there are several items on the five-year capital improvement program list, even though they may be listed in priority order, a developer may do any of them; and all of the projects on that list are eligible for credits. 06-01-98 .--- - ..------.- - 7 - Associate Planner Chris Saunders stated that if the Commission has identified its top priority item to be funded and a developer requests that those monies be used for another project further down the list, the Commission has the right to not approve the project at that particular time. . Further responding to questions from the Commission, the Associate Planner stated that two developers have proposed projects for this summer's construction season; however, the Commission has not yet taken action on the capital improvement program document that has been developed by staff. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Ordinance No. 1471, revising the provisions for impact fees and the impact fee credit program, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Presentation of third auarter budaet review: attendant budget amendments . Included in the Commissioners' packets was a memo from Administrative Services Director Miral Gamradt, dated May 26, 1998. Administrative Services Director Gamradt characterized the City as being in good financial shape. He noted that during the mid-year budget review process, he identified revenue sources which far exceed estimates. He noted that the City Court fines were $250,000 higher than anticipated, representing a 40-percent increase over past years. He suggested that this increase is due to a number of items, including additional police officers on the street, and additional personnel in the City Attorney's office and the Finance Department. He also noted that some of the other revenues were higher than anticipated, including motor vehicle license fees. The Administrative Services Director reviewed the budget amendments, as contained in . his memo. He stated that these amendments increase both the revenue estimates and the appropriations. Commissioner Rudberg expressed concern about how the news articles regarding items like the laptop computers for the Police Department, which were purchased with federal grant 06-01-98 --..--.---------- - 8 - monies, make it appear that the City monies were used to purchase something that may not be deemed essential. Responding to Commissioner Rudberg, the Assistant City Manager stated the City is not required to set aside monies to meet ADA requirements; however, he stated that with these . monies set aside, the City can more easily comply with ADA requirements when any new construction or remodeling is undertaken. He noted that, through the use of these monies, the City has been able to provide an accessible corridor on South Willson Avenue from Kagy Boulevard to Main Street, and more curb ramps are needed throughout the community to provide a grid for maneuvering through the community. Mayor Stiff stated that he has been in a wheelchair for over fifty years, and he has seen the pendulum swing from no accessibility to ensuring accessibility for all public facilities. He expressed his appreciation for the way that Assistant City Manager Brey has worked with the Coalition of Montanans for Disabilities to meet the needs of the disabled in the community. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission acknowledge receipt of the third quarter budget review, and authorize the Mayor . to sign the attendant budget amendments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Authorize City Manager to forward recommendation to the Montana TranSDortation Commission re new visitors' center/rest area at North 19th Avenue interchange Distributed just prior to the Commission meeting was a copy of the bid tabulation from the May 22 bid opening for this project. City Manager Clark Johnson stated that he received a telephone call from the Montana Department of Transportation late Friday afternoon asking that the City forward a recommendation to the Montana Transportation Commission for consideration at its meeting . on June 10. He noted that the balance in State funds for the visitors' center/rest area project is approximately $832,000; and the low bid received was $936,000. He noted the City has three options: (1) pay $104,000 and get the rest area built, (2) ask the State to pay the additional $104,000 and build the rest area, or (3) exercise the "no build" option. He cautioned that, attached to Options 1 and 2, is a commitment from the City to maintain the facility and 06-01-98 --~-~ - 9 - site, at an estimated annual cost of $20,000 to $30,000. He noted that one concern he had was whether the gas line that was relocated for this project will need to be relocated again if the "no build" option is exercised; however, Mr. Giard, Montana Department of Transportation, has indicated he does not envision that being required. . City Manager Johnson stated that if the City selects the "no build" option, the $832,000 earmarked for this project will revert back to the Montana Department of Transportation, and no rest area will be constructed between Butte and Greycliff. He then indicated that he is uncomfortable with making this decision and asked that the Commission determine which of the three options should be selected. He noted, however, that he is concerned about the requirement that the City maintain the facility if it is constructed. He also suggested that the City has other priorities where the $832,000 could be better spent, such as traffic lights in strategic locations along 19th Avenue and Huffine Lane. City Manager Johnson noted that the North 19th Avenue interchange was a demonstration project, and was to include more extensive landscaping than is typically found at an interchange. It was anticipated that the Chamber of Commerce would be located at the . visitors' center/rest area and they would assume the responsibilities for maintenance of the facility. He forwarded a suggestion that the Transportation Commission be asked to fund the alternative for landscaping of the site from the $832,000 remaining for this project, even under the "no build" option. Mayor Stiff noted that North 19th Avenue was designed to move traffic, and it moves a substantial amount of traffic at the present time. He noted that traffic signals are needed along the roadway to make it a safer place to travel. Commissioner Rudberg stated her support for the "no build" option and encouraging the Transportation Commission to re-allocate those monies for landscaping of the rest area site and installation of traffic signals to move traffic more safely in Bozeman. The City Manager stated that he has talked to Mr. David Smith, Executive Director of . the Bozeman Area Chamber of Commerce; and he has indicated the Chamber is neutral on the construction of the visitors' center/rest area. He then suggested that those who want information about the community will travel to the new Chamber of Commerce facility, which is to be constructed on North 19th Avenue in the near future. 06-01-98 -- ..-- ..-.---..-".-.--... ...---.. - -....---..-.-- - 10- It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission authorize and direct the City Manager to send a letter to the Montana Department of Transportation recommending that they select the "no build" option for the visitors' center/ rest area at Bozeman, encouraging them to award the bid for the landscaping alternative from . the monies earmarked for the project, and further encouraging them to appropriate the remainder of the monies previously earmarked for this project toward the installation of traffic signals in Bozeman to make it a safer community in which to travel. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Memo from Clerk of the Commission Sullivan indicating that Greg Kuhl has . requested that his presentation be delayed to the June 15 meeting, to give him time to gather information and documentation. (2) Copies of an article entitled Drug Courts and TASC and a proclamation for "National Drug Court Week" adopted by the County Commission, as submitted by Joe Driskell, Alcohol and Drug Services of Gallatin County. (3) Copies of the notices of special Commission meetings scheduled for June 2 and June 4 to review the City Manager's budget recommendations for the upcoming fiscal year. The City Manager reminded the Commission that these meetings will be held in the Conference Room of the Professional Building, 20 East Olive Street. (4) Copy of the meeting schedule for the budget sessions for the Fiscal Year 1998- 1999. . (5) Letter of resignation from the City-County Planning Board, as submitted by James Devitt, dated May 26, 1998. Commissioner Rudberg asked that an advertisement be run for all the openings on the various boards and commissions, rather than seeking applications for just this vacancy. 06-01-98 - 11 - (6) Newsletter from Headwaters Recycling, with an announcement of the board meeting to be held on June 3 at Wheat Montana at Three Forks. (7) Copy of the checklist for affordable housing referenced by Director of Public Service Forbes at last week's meeting, along with a copy of the regulatory barriers checklist . from the Bozeman Area Housing Task Force report dated June 1994. (8) Copy of the announcement that the Water Department will be flowing fire hydrants in the south and southeast sections of the community, beginning June 1. (9) Agenda for the Board of Adjustment meeting which was held at 1 :30 p.m. on Thursday, May 28, at the Conference Room, in the Professional Building. (10) Agenda for the Development Review Committee meeting to be held on June 2, 1998, in the Commission Room. (11 ) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, June 2, in the Commission Room. ( 12) Announcement that there will be no County Commission meeting on Tuesday, June 2, due to the primary election. . ( 13) Agenda for the Montana Transportation Commission meeting to be held on June 10 and 11 at the Yogo Inn in Lewistown. (14) The City Manager stated that on Friday, he attended the last seasonal meeting of the Bozeman Watershed Council. He noted that one of their big projects was the development of a Sourdough Watershed map, with much of the work being done by Dave Wessell. He then reminded the Commission that the City contributed $500 toward this project, and distributed copies of the maps to the Commissioners. ( 15) The City Manager stated that on Thursday evening, he attended a meeting of the Gallatin Development Corporation with representatives from a company in Florida who is interested is relocating the computer software portion of its company to either Bozeman or . Ireland. He noted that a majority of the people they are hiring for this portion of their business are graduates of Montana State University. He then indicated that the company currently has a staff of 110 people in Florida, and this spin-off company would be very small, at least initially. He noted that the only downside they have identified is the cost of flying into and out of Bozeman. 06-01-98 - 12 - (16) City Attorney Luwe noted that during the evening session, the Commission will consider an interim zoning ordinance on wireless communications, under which the installation of towers and antennae will be prohibited until staff has had an opportunity to study the matter and submit a zone code amendment for Planning Board and Commission consideration. He . indicated that this ordinance covers only personal wireless services, and staff will present a similar ordinance, pertaining to radio and television antennae, for consideration at the Commission meeting in two weeks. ( 17) Commissioner Frost stated that he attended the historic preservation awards presentation at the Ellen Theatre last week, characterizing it as a "really positive event". City Manager Johnson stated that he attended the walking tour of the historic districts, which was attended by well over 1 00 people. ( 18) Commissioner Youngman stated that she attended the Recreation and Parks Advisory Board meeting, at which only five minutes were devoted to discussion about the proposal to construct a parking lot in Centennial Park. She indicated that late this summer or possibly this fall, this issue will be submitted back to the Commission with a recommendation . from the Board. ( 19) Mayor Stiff reminded the Commission that the City Manager evaluations are due to the Clerk of the Commission tomorrow. Following discussion, the Commissioners decided to extend the deadline to June 1 O. (20) Responding to Commissioner Rudberg, the City Manager stated he is working with a representative from the disc golf group to implement controls to ensure that players follow the course, in an effort to minimize damage to recreational vehicles in the adjacent lot. Further responding to Commissioner Rudberg, the City Manager stated a parks management plan is being developed by the Recreation and Parks Advisory Board, rather than by staff. . Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize the writing off of Dast due utilitv accounts receivables more than one year old. Der list attached to memo from Assistant Finance Director Biekert dated Mav 7. 1998 06-01-98 - 13 - Commission Resolution No. 3239 - ratifyina. Mayor's execution of closina documents and warranty deed for sale of the Carneaie Building COMMISSION RESOLUTION NO. 3239 A RESOLUTION OF THE CITY COMMISSION OF' THE CITY OF BOZEMAN, MONTANA, RATIFYING THE MAYOR'S EXECUTION OF CLOSING DOCUMENTS . AND WARRANTY DEED FOR SALE OF THE CARNEGIE BUILDING. Authorize City Manaaer to sian - AcceDtance of Public Utilities Easement for sanitary sewer and water mains - Dennis and Joni Balian - easement across Tracts 1. 2. 3 and 4. Fowler Subdivision Authorize City Manaaer to sign - Acceptance of Public Access Easements for Sunliaht Avenue and adioinina sidewalk - Dennis and Joni Balian - easement across Tracts 1. 2. 3 and 4. Fowler Subdivision Authorize City Manager to sign - AcceDtance of Public Access Easement for Private Park Area - Dennis and Joni Balian - easement across Tracts 1. 2. 3 and 4. Fowler Subdivision Authorize City Manaaer to sian - AcceDtance of Water PiDeline Easement and Aareement - Timothy Barnard - 30-foot-wide striD for 6-inch water line across portion of COS No. 893 (Barnard Construction office site) Authorize City Manager to sign - AcceDtance of Water PiDeline Easement and Agreement - Timothy Barnard - 30-foot-wide striD for 18-inch water line across Dortion of COS No. 893 (Barnard Construction office site) . Authorize City Manaaer to sign - AcceDtance of Sewer Piceline Easement and Agreement - Timothy Barnard - 30-foot-wide striD for 8-inch sewer line across Dortion of COS No. 893 (Barnard Construction office site) Commission Resolution No. 3240 - aDDroving alteration/modification of contract with Teton Communications COMMISSION RESOLUTION NO. 3240 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATIONS/MODIFICATION OF CONTRACT WITH TETON COMMUNICATIONS, INC. Commission Resolution No. 3241 - intent to revise the 1990 Bozeman Area Master Plan UDdate by establishing a land use element to be known as "Traditional Neiahborhood DeveloDment" and aDDlying it to 485.98 acres generally bounded by Highland Boulevard. Ellis Road. Haagerty Lane. Bozeman Trail Road. Kagy Boulevard and New Hyalite View Subdivision COMMISSION RESOLUTION NO. 3241 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, STATING THE CITY'S INTENT TO REVISE THE 1990 BOZEMAN AREA MASTER PLAN UPDA TE BY ESTABLISHING A LAND USE ELEMENT OF "TRADITIONAL NEIGHBORHOOD DEVELOPMENT" AND CHANGING THE lAND USE DESIGNATIONS ON 485.98 ACRES DESCRIBED AS TRACTS OF lAND lOCATED IN THE NORTHEAST ONE-QUARTER AND THE SOUTHEAST ONE- QUARTER OF SECTION 18, AND THE SOUTHWEST ONE-QUARTER OF SECTION 8, AND THE SOUTHWEST ONE-QUARTER OF SECTION 17, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MONTANA PRINCIPAL MERIDIAN, FROM "URBAN RESIDENTIAlINFlll", "URBAN RESIDENTIAL" AND "SUBURBAN RESIDENTIAL" TO "TRADITIONAL NEIGHBORHOOD DEVELOPMENT". 06-01-98 --. . 14 - Claims It was moved by Commissioner Rudberg, seconded by Commissioner Frost, 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 Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Recess - 4:35 D.m. Mayor Stiff declared a recess at 4:35 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7 :00 D. m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Public hearina - Commission Resolution No. 3238 - intent to establish a 1998B Sidewalk Proaram This was the time and place set for the public hearing on Commission Resolution No. 3238, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3238 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A 1998B SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14.4109 AND 7-14-4110, MONTANA CODE ANNOTATED. Mayor Stiff opened the public hearing. Responding to Mayor Stiff, City Engineer Craig Brawner stated that the sidewalks included in this program are those in subdivisions where one of the conditions of approval was . the installation of sidewalks within three years. He indicated that under this program, the sidewalks are being ordered in on those lots which have remained undeveloped. No one was present to speak in support of or in opposition to the 1998B Sidewalk Program. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. 06-01-98 - 15 - It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct staff to bring back a resolution ordering in the sidewalks as provided in this resolution of intent. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, . Commissioner Rudberg and Mayor Stiff; those voting No, none. Public hearina - Ordinance No. - establishing six-month moratorium on submission and aDDroval of aDDlications for conditional use Dermits for Dersonal wireless service facilities. and commercial antennae and antennae SUDDort structures This was the time and place set for a public hearing on an emergency interim zoning ordinance, entitled: ORDINANCE NO. AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING FOR A SIX-MONTH MORATORIUM ON THE APPROVAL AND ISSUANCE OF CONDITIONAL USE PERMITS FOR PERSONAL WIRELESS SERVICE FACILITIES WITHIN THE CITY LIMITS AND WITHIN AN AREA ONE (1) MILE BEYOND THE CORPORATE BOUNDARIES OF THE CITY OF BOZEMAN DUE THE POTENTIAL PROLIFERATION OF PERSONAL WIRELESS SERVICE FACILITIES UNDER INADEQUATE ZONING . PROVISIONS. Mayor Stiff opened the public hearing. Associate Planner Chris Saunders noted that the world is rapidly changing, and computers and communications are incurring some of the most rapid changes. He stated, as a result, the City's zone code, which was written in 1990, does not address cellular type towers or large radio and television towers. He indicated that federal regulations pertaining to these services preserve the local zoning authority and approval process. He indicated that under this emergency interim zoning ordinance, staff is requesting that a moratorium be established for a few months, during which they can research the issue and bring back a zone code amendment for consideration by both the City-County Planning Board and the City Commission. . Mr. Craig Bender, Three Rivers Wireless in Great Falls, suggested that an ordinance can be researched and drafted without a moratorium. He indicated that most codes encourage the use of existing structures. He stated that Three Rivers Wireless has identified four sites on which it could possibly install its antennae, all of which would be on existing structures. He 06-01-98 .-.----- ---------.---------- - 16 - expressed concern that this proposed moratorium includes wireless facilities and asked that those facilities placed on existing structures not be subject to the moratorium. Mr. Bill Donnelly, The Walter Group, representing Three Rivers Wireless, stated that he has spoken to both the City.County Planning Office and individual property owners in an . attempt to acquire sites for the placement of wireless facilities. He suggested that the existing zoning regulations will provide for adequate review for this type of facility and the ensure that the community's aesthetics are protected. Mr. Donnelly concluded his presentation by distributing packets of information to the Commission. Mr. Ernie Peterson, Three Rivers Wireless, stated it is their desire to provide a product to Bozeman, noting that they currently have services in Great Falls and Helena and wish to establish a statewide network. He expressed concern about the proposed moratorium, particularly since they wish to begin their service as soon as possible. At the Commissioners' request, Mayor Stiff declared a five-minute break to give the Commissioners an opportunity to review the information submitted by Mr. Donnelly. . City Manager Johnson noted that City staff has a good working relationship with Mr. Donnelly and, in fact, he has provided pictures of some of their installations as well as information to be included in the ordinance. He recognized that their facilities might be appropriately installed under the existing ordinances; however, he indicated there are a couple of specific reasons for enacting a moratorium on this type of facility. Associate Planner Chris Saunders stated there is nothing in the existing code to preclude a very tall tower because they are defined as a public utility. He noted that the conditional use process is the most intensive review process in the zone code and, at this time, all applications to allow the installation of towers and antennae are subject to that process. He indicated that a moratorium will give staff time to work on developing an ordinance which specifically addresses personal wireless services while avoiding the proliferation of such facilities. He . forwarded his intent to process the zone code amendment as quickly as possible, noting it will probably be done well within the six-month moratorium. Mr. Craig Bender suggested that the City look into a zoning exemption for placement of antennae on public property. He noted that the City currently has no criteria for siting of 06-01.98 ---.-------.---- -..- on ___.__ _ -------- -..---. .-.- -----.-------.--.-.------. - 17 - towers and antennae, and it is prudent to have those regulations in place prior to allowing such installations. City Attorney Luwe stated that under this moratorium, as proposed, the City will still accept applications for the installation of personal wireless service facilities and will go through . the review process steps, but not make a decision until after the moratorium is lifted. Mr. Ernie Peterson noted that the City of Billings exempted existing structures from its moratorium, noting that goal was to get strong control over new towers. He stated that this ordinance, as drafted, does not exempt existing structures, and that could result in building more towers rather than using existing structures. Responding to Commissioner Frost, Associate Planner Saunders stated that he will try to identify parameters for co-location of facilities, recognizing that encouraging co-location will help to protect the community's aesthetics. He then suggested that the review process for co- location of facilities could be less rigorous and time-consuming than the review process for a new tower. City Attorney Luwe stated that staff is not proposing an exemption to the moratorium . because staff wants to look at all the issues and come back with a recommendation on whether or not co-location should be encouraged. He also noted that public versus private land is another issue that should be carefully considered. He expressed concern that an exemption would allow the installation of a facility without an opportunity to establish the rules. Mr. Peterson stated that, to him, co-location means building a tower or facility that allows more than one carrier on it; and going into existing facilities means using an existing structure with minimal effect. He then stated he feels it is important to talk about existing structures, like downtown buildings. He noted that an antennae can be placed on the wall of the building without changing the existing structure and, if the installation is a camouflage installation, it will be relatively difficult to see. He stressed that co-location is a totally different issue that requires careful review. . Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Commissioner Rudberg stated she does not like to stand in the way of business. She stated, however, that she feels it is important to give staff an opportunity to develop the best set of regulations possible for Commission consideration, and asked that staff bring them back for Commission consideration as quickly as possible. 06-01-98 ~ - 18 - Commissioner Youngman suggested that the Commissioners give the staff some direction on how to prepare the zone code amendment, indicating her support for using existing building whenever possible, with the installations being made as invisible as possible. Commissioner Rudberg noted that under this moratorium, applications may be submitted . and processed to the point of decision, so she does not feel it is unreasonable. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Ordinance No. 1472, an emergency interim zoning ordinance providing for a six-month moratorium on the approval and issuance of conditional use permits for personal wireless service facilities, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Public hearing - Certificate of Aoorooriateness with deviation from Section 18.24.050. Bozeman Municioal Code. to allow relocation of existing house and construction of a new sinala-familv house which encroaches 4 feet into the required 25-foot front yard setback on Lots 14 and 15. Block 3. Fairview Addition - David Quammen and Kris Ellingson. 414 South 3rd Avenue (Z-9864) . This was the time and place set for the public hearing on the Certificate of Appropriateness with deviation from Section 18.24.050 of the Bozeman Municipal Code, as requested by David Quammen and Kris Ellingson under Application No. Z-9864, to allow the relocation of an existing house and construction of a new single-family house which encroaches 4 feet into the required 25-foot front yard setback on Lots 14 and 15, Block 3, Fairview Addition. The subject property is more commonly located at 414 South 3rd Avenue. Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, the property owners are proposing the relocation of the existing single. family residence and construction of a new two.story, single-family residence which would encroach 4 feet into the required 25-foot front yard setback. He indicated that the existing . house is to be relocated to a site close to Bozeman, and the necessary approvals and permits must be sought for that relocation. The Historic Preservation Planner stated that the existing house is listed on the National Register of Historic Places, although it is quite non-descript in comparison to many of the other structures in the immediate area. He noted that the design of the house proposed by the 06.01-98 om _ _"._._ - 19 - applicant is consistent with the character of the neighborhood and will be an attractive element within the neighborhood once it is constructed. He stated that the requested encroachment into the front yard setback will allow the structure to be placed in the same location as the existing house. He indicated that no public concern has been voiced about this application, and . some of the neighbors have voiced their support. Historic Preservation Planner Strahn stated that staff has reviewed this application in light of the criteria set forth in the zone code, and the staff's comprehensive findings are contained in the written staff report. He noted that the Design Review Board considered this application at its May 27 meeting and, following its review, voted unanimously to recommend approval, subject to the conditions proposed in the staff report. Mr. David Quammen, applicant, stated that the existing house is very old and cannot be easily remodeled to meet their needs. He noted that a large tree is situated behind the back porch of the existing house, and allowing the new home to encroach 4 feet into the required front yard setback will provide for retaining that tree. He indicated that the new house is designed to blend with the neighborhood and to be an attractive historic structure in another . 100 years. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Certificate of Appropriateness with deviation from Section 18.24.050 of the Bozeman Municipal Code, as requested by David Quammen and Kris Ellingson under Application No. Z-9864, to allow the relocation of an existing house and construction of a new single-family house which encroaches 4 feet into the required 25-foot front yard setback on Lots 14 and 15, Block 3, Fairview Addition, subject to the following conditions: 1. Given the fact that the existing house is still habitable and can, consequently, serve an important functional purpose, the house shall be moved and not demolished. Preferably, the house should be relocated within Gallatin County and in as close of proximity to Bozeman as possible. . A. The applicant or the applicant's representative shall acquire all necessary permits and approvals prior to the movement of this structure, including a movement/demolition permit from the City of Bozeman, and all other provisions outlined in chapter 18.42.090 of the Bozeman Municipal Code. 1. Given the fact that the structure in question is located within the Bon Ton Historic District, the relocation of said structure "shall be subject to approval by the City Commission, through a 06-01-98 --.--.- - 20 - public hearing, upon receiving a recommendation from the Design Review Board." 2. Notice of the public hearing before the City Commission shall be provided in accordance with Section 18.52.055.B. . 3. The City Commission shall base its decision on the provisions outlined in 18.42.090.C. B. If the structure is approved for movement: 1. The future location of the site in question shall be disclosed to the City-County Planning Department in writing; and 2. The site in question shall be fully documented with black and white photographs prior to the initiation of relocation procedures. Said photographs shall be submitted to the City's Historic Preservation Office. 2. Given the fact that there is still uncertainty regarding the exact siding materials to be used with the project in question (Le. stone, stucco, or wood), any and all architectural revisions to the original submittal shall be indicated, drawn accurately to scale and submitted to the City-County Planning Department prior to the issuance of a Demolition/Movement Permit and Building Permit. If during the course of construction the applicant/owners decide to alter their selection of siding materials, an . amendment to this application shall be requested and the appropriate revisions submitted for administrative review and approval by the City- County Planning Office. 3. Existing Sewer Lines must be located prior to construction. 4. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval, or this approval shall become null and void. 5. This project shall be constructed as approved and conditioned. Any modifications to the submitted and approved drawings shall invalidate the project's approval, unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. . 06-01-98 -----. --- ---.- ...---- - 21 - Public hearina - Conditional Use Permit and Certificate of ADDrODriateness with deviations from Sections 18.16.050. 18.50.160 and 18.50.050. Bozeman Municipal Code. to allow new garage with accessory dwellina unit which encroaches 6 feet into reauired 20-foot rear vard setback. to allow an addition on an existina structure which encroaches 6 feet into reauired 25- foot front yard setback. and to allow accessory structure to cover more than 25 percent of reauired rear yard on Lots 22. 23 and 24. Block 9. Butte Addition - Minxie and Dwight Minton for 120 West Cleveland Street (Z-9842) . This was the time and place set for the public hearing on the Conditional Use Permit and Certificate of Appropriateness with deviations from Sections 18.16.050, 18.50.160 and 18.50.050 of the Bozeman Municipal Code, as requested by Minxie and Dwight Minton under Application No. Z-9842, to allow the construction of a new garage with an accessory dwelling unit on Lots 22, 23 and 24, Block 9, Butte Addition, which encroaches 6 feet into the required 20-foot rear yard setback, to allow an addition on an existing structure which encroaches 6 feet into the required 25-foot front yard setback, and to allow an accessory structure to cover more than 25 percent of the rear yard. The subject property is more commonly known as 120 West Cleveland Street. Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated the . subject property is located at the southeast corner of the intersection of West Cleveland Street and South Grand Avenue. He indicated that this application is to allow the removal of an existing garage, the construction of a new garage with an upper level accessory dwelling unit, and the construction of a rear mud room/elevator addition on the existing residence. He noted that the new "carriage house" garage is to align with the existing garage's footprint on the north side, resulting in the need for a deviation. The Historic Preservation Planner stated that staff has reviewed this application in light of the criteria set forth in the zone code, and the staff's comprehensive findings are contained in the written staff report. He noted that the applicant's attorney expressed concern with one of the recommended conditions for approval and, in response to that concern, staff has forwarded a proposed revision to the conditions. He stated that the applicant was concerned . about the requirement to record a deed restriction and the potential that might have for voiding the existing title insurance. In light of that concern, he suggested that Condition No. 3A be revised to read, "The applicant shall record a restrictive covenant, amendable only by the City Commission, with the Gallatin County Clerk and Recorder's Office, indicating that the lot shall be occupied by the owner of record." He indicated that the applicant's attorney will provide 06-01-98 - 22 - a final draft of the restrictive covenant for review by City staff prior to filing it at the County. He also proposed that Condition No. 3B be revised to read, "The principal residence or the proposed accessory dwelling unit shall actually and physically be occupied by at least one of the owners of record..." He stressed that under the zone code, a property owner may not . construct an accessory dwelling unit and then rent out both dwelling units. Historic Preservation Planner Strahn stated that staff is very support of the project, characterizing it as having an incredible amount of merit in its design. He noted that this application requires a Conditional Use Permit, since it adds an accessory dwelling unit in a single-family residential zoning district. He also stated that three deviations are required to allow the new garage to encroach 6 feet into the required 20-foot rear yard setback, to allow a rear addition to an existing structure that encroaches approximately 6 feet into the required 25-foot front yard setback, and to allow the proposed garage/accessory dwelling unit to occupy more than 25 percent of the required rear yard. Historic Preservation Planner Strahn stated that the City-County Planning Board reviewed this application at its May 19 meeting. He indicated that, following the public hearing and . consideration of the criteria and staff's findings, the Planning Boa rd forwarded a recommendation for approval, subject to the fifteen conditions. Ms. Linda Bell, architect representing the applicants, indicated a willingness to respond to questions. No one was present to speak in opposition to the requested Conditional Use Permit or deviations. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit and Certificate of Appropriateness with deviations from Sections 18.16.050, 18.50.160 and 18.50.050 of the Bozeman Municipal Code, as requested by Minxie and Dwight Minton under Application No. 2-9842, to allow the . construction of a new garage with an accessory dwelling unit on Lots 22, 23 and 24, Block 9, Butte Addition, which encroaches 6 feet into the required 20-foot rear yard setback, to allow an addition on an existing structure which encroaches 6 feet into the required 25-foot front yard setback, and to allow an accessory structure to cover more than 25 percent of the rear yard, subject to the following conditions: 06-01-98 --------.-....- --.--.-- - 23 - 1. The final site plan shall conform to all requirements of the Bozeman Municipal Code and shall be adequately dimensioned. 2. Final parking arrangements shall be reviewed and approved by the City of Bozeman prior to final site plan approval. 3. In order to meet the stipulations of the Bozeman Municipal Code regarding . Accessory Dwelling Units as outlined in Section 18.50.020.C: A. The applicant shall record a restrictive covenant, amendable only by the City Commission, with the Gallatin County Clerk and Recorder's Office, indicating that the lot shall be occupied by the owner of record; B. The principal residence or the proposed ADU shall actually and physically be occupied as a principal residence by at least one owner of record who possesses at least an estate for life or a fifty percent fee simple ownership interest; C. The occupancy of the proposed accessory dwelling unit shall not exceed two persons; D. No other accessory dwelling unit shall be created on this lot. 4. In an attempt to better maintain the historic integrity of the culturally- significant property in question, in consideration of the requested deviations, and likewise, minimize non-historic visual intrusions in the Bon Ton Historic District, the proposed skylights on the ADU's east elevation shall be eliminated. Dormers would be an acceptable alternative. . 5. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval, or this approval shall become null and void. 6. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Zoning Ordinance. 7. The location of the existing sewer must be located prior to construction. 8. The property owner must provide water service from the original dwelling to the ADU. The City of Bozeman Water Department provides only one (1) metered water service to a residence lot. 9. The new garage and dwelling unit (ADU) will require a separate (new) sewer service per municipal code. The stub to the property will be provided by the City of Bozeman at the owner's expense. The owner will need to make application and pay the estimate at the Building Division Office. . 10. An Application for a Sidewalk and/or Driveway and Curb Cut Permit shall be obtained for Cleveland Avenue. 11. Any cracked or unserviceable sidewalk panels shall be replaced following construction of the ADU. 12. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use procedure. 06-01-98 -- ------.---- .....--- - 24- 13. All special conditions shall constitute restrictions running with the land use, shall be binding upon the owner(s) of the land, his or her successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner(s) prior to the issuance of any building permits, final site plan approval, or commencement of the conditional use. . 14. All conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner(s) of the land successors, or assigns. 15. All of the special conditions shall be consented to in writing by the applicant/owners. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Public hearina - Certificate of ADDroDriateness with deviations from Sections 18.18.050. 18.50.160 and 18.18.030. Bozeman MuniciDal Code. to allow addition to encroach 3 feet into reauired 8-foot side yard setback on non-conforming structure which is situated on a lot that is 2 feet too narrow in width and encroaches 2 feet into reauired 25-foot front yard setback - west 9 feet of Lot 4. all of Lot 5. and east 14 feet of Lot 6. Block B. Hoffman's Addition - Steve Bracken and Nyla Chandler. 1 08 East Story Street (Z-9854) . This was the time and place set for the public hearing on the Certificate of Appropriateness with deviations from Section 18.18.050, 18.50.160 and 18.18.030, as requested by Steve Bracken and Nyla Chandler under Application No. 2-9854, to allow an addition on a non-conforming structure that encroaches 2 feet into the required 25-foot front yard setback and is situated on a lot that is 2 feet too narrow to encroach 3 feet into the required 8-foot side yard setback. The subject property is described as the west 9 feet of Lot 4, all of Lot 5, and the east 14 feet of Lot 6, Block B, Hoffman's Addition and is more commonly known as 108 East Story Street. Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, several modifications are proposed to an historic residence, including . replacement of the front steps and front door, expansion of the main floor living room, the addition of a bay window and atrium door to the dining room, the addition of a second level with dormers, and replacement of existing metal siding with cedar shingles. The Historic Preservation Planner stated that staff has reviewed this application in light of the criteria set forth in the zone code, and the staff's comprehensive findings are contained 06-01-98 - 25 - in the written staff report. He noted that the proposed double-hung windows and the second story of the primary facade may not meet building code egress standards, which may make it necessary to have revised elevation drawings submitted to the Planning staff for review and approval prior to issuance of a building permit. . The Historic Preservation Planner stated that staff is supportive of this project and the requested deviations because of the high quality and character of the proposal. He also noted that no public comments in opposition to the application have been received. Ms. Nyla Chandler, applicant, stated that they have owned this home since 1991. She stated that the roof is beginning to leak, so they need to take steps to address that issue. She also noted that when they moved into this residence, there was a three-car garage platform in the back yard, and a very large picture window had been installed in the living room in the 1970s. She noted that both of those items seemed to be out of character with the home, so they took a careful look at what improvements could be made that would bring the site back to its original character. She stated that in 1993, she and her husband received a deviation to allow him to build a garage in the arts and crafts style at the back of the property, and they . propose to continue that style in the remodeling of the home. No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Certificate of Appropriateness with deviations from Section 18.18.050, 18.50.160 and 18.18.030, as requested by Steve Bracken and Nyla Chandler under Application No. 2-9854, to allow an addition on a non-conforming structure that encroaches 2 feet into the required 25-foot front yard setback and is situated on a lot that is 2 feet too narrow to encroach 3 feet into the required 8-foot side yard setback, subject to the following conditions: 1. The proposed six over one double-hung windows and the second story of . the primary facade may not meet building code egress standards and may need to be altered in character, type, or design to meet safety standards. Should this be necessary, a revised elevation shall be submitted to the Planning Department for review and approval prior to the issuance of a building permit and the initiation of construction. 2. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 06-01-98 --- -..- -..-.-...--....- - 26 - 3. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.672.040 of the Bozeman Municipal Code. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Public hearina - Commission Resolution No. 3234 - intent to annex 419. 579-acre carcellocated in the NEYt and SEYt. Section a and Section 17. T2S. R6E. MPM (bounded bv Ellis Road. Haagertv Lane. Bozeman Trail Road. Kaav Boulevard. Hiahland Boulevard and New Hvalite View Subdivision) (Deaconess Farmstead Annexation) (A-9a02) This was the time and place set for the public hearing on Commission Resolution No. 3234, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3234 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 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 Stiff opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that under this application, 419 + acres lying east of the Bozeman Deaconess Hospital is being proposed for annexation. He noted the subject parcel is generally bounded by Ellis Street, Haggerty Lane, Bozeman Trail Road, Kagy Boulevard, New Hyalite View Subdivision and Highland Boulevard. The Senior Planner stated that the applicant is also seeking a Master Plan Amendment in a concurrent process, as provided in the City's annexation policy. He noted the hearing on that item was conducted before the Planning Board on May 19, and then continued to June 16. He stressed that the annexation .is the first step in the entire process, and the Master Plan . Amendment and all subsequent processes for subdivision and development hinge on whether this application is approved. Senior Planner Skelton stated that much of the subject property is located in the old Molendyk Farmstead and is currently in agricultural use, being cultivated with hay and grasses. He characterized the terrain as rolling hills, with a ravine with water and mature vegetation 06-01-98 -.-...-.--- .---..- .---------...- . - 27 - bisecting the property from north to south. He stressed that the watercourse has not been identified as a stream or a stream/ditch, so no waterway issues or floodplain issues are involved, and there are no wetlands on the property. The Senior 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 the staff's comprehensive findings are contained in the written staff report which was included in the Commissioners' packets. He noted that these findings include comments from the Development Review Committee and from the Planning staff. He gave a quick overview of some of the findings. He noted that the requested annexation borders the city limits along the entire western edge and approximately one-quarter of a mile along its northern edge. The entire 419 + -acre parcel lies within the urban growth area and approximately one-third of the parcel lies within the sewer service boundary. He reminded the Commission that development of this property will move the community closer to the capacity of the Wastewater Treatment Plan, which is anticipated to accommodate a population of 36,000. Senior Planner Skelton noted that staff has identified the need for easements or . dedicated rights-of-way for the collector and arterial streets which border this property and the need for waivers of right to protest the creation of SIDs or RIDs for improvements to those roadways. He stated that all of these roads are paved, but it is anticipated that improvements will be required to accommodate the amount of traffic anticipated from development of this parcel. He stated that if this property is annexed, the Master Plan Amendment will be processed and then the appropriate zoning designation will be identified and adopted. The Senior Planner stated that water and sewer services exist in this area; however, the mains are smaller than what has been identified as needed to accommodate development of this property. He also noted that bottlenecks in the sewer lines downstream from this property have been identified. Senior Planner Dave Skelton stated that, to accommodate the concerns which have been . identified, staff is recommending that the Commission ensure that six issues be addressed in the annexation agreement, as follows: 1. That the applicant file at the Gallatin County Clerk and Recorder's Office executed waivers of right to protest the creation of Special Improvement Districts and Rural Improvement Districts for the following street improvements, including paving curb/gutter, sidewalk, storm drainage and any associated traffic signals for the following streets: 06-01-98 -....-.-.-.-...--- ---- -." ----- - 28 - a. Highland Boulevard from Kagy Boulevard to East Main Street; b. Kagy Boulevard from Highland Boulevard to Bozeman Trail Road; c. Bozeman Trail Road from Kagy Boulevard to Haggerty Lane; d. Haggerty Lane from Bozeman Trail Road to East Main Street; and e. Ellis Street from Haggerty Lane to Highland Boulevard. . 2. That the applicant file at the Gallatin County Clerk and Recorder's Office an executed waiver of right to protest creation of a Special Improvement District for a city-wide park maintenance district. 3. That provision for water rights or cash-in-lieu of water rights in an amount determined by the Director of Public Service be provided in the Annexation Agreement whereby it is executed by the landowner prior to final subdivision plat approval, final site plan approval or the issuance of any building permits, whichever occurs first, prior to the City Commission adopting the resolution of annexation. 4. Prior to any future development of this property, the developer's engineer shall be required to prepare a comprehensive utility design report evaluating existing capacity of 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 adequate capacity to serve the full development of the site and will be required at the time(s) of development of all or any portions of the annexed property. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer . system improvements required for full' development. The developer shall be responsible to complete the necessary system improvements to serve the full development. 5. A Storm Water Master Plan for the annexation area for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the public and/or private streets must be provided to and approved by the City Engineer at the time of any future development. 6. The applicant provide an annexation map supplied on mylar copy for City records (18 inches by 24 inches), 3 Y:z -inch digital copy, and on an 8 Y:z -inch by 11-inch or 8 % -inch by 14-inch paper for filing with the Annexation Agreement at the County Clerk and Recorder's Office. The annexation map shall be prepared by a Montana licensed professional engineer or surveyor, which contains the legal description of said annexation request and meets the requirements of the Director of Public Service. Mr. Keith Swenson, representing the applicant, stated that he has worked with both the Planning staff and the Development Review Committee during the review of this application, and he concurs with the staff report as submitted. . At Mayor Stiff's request, Senior Planner Skelton reviewed a proposed additional issue to be addressed in the Annexation Agreement, as follows: The landowners agree that prior to submittal of a preliminary plat application for all or any portion of the subject property, the landowners shall develop an "affordable housing plan", subject to review and approval by the City of Bozeman, guaranteeing that at least 15 percent of the total number of housing units to be developed shall be managed and maintained as affordable in accordance with 06-01-98 ------ ..-.- .-----..----.. . - 29 - guidelines established by the City of Bozeman. Said housing units may be rental units or owner-occupied units; however, at least 2 percent of the total number of lots created for single-family detached residential housing construction shall be donated to the HRDC land trust for construction of affordable single-family detached housing units, with proper assurances for perpetual affordability. Said donated lots for single-family detached residential construction shall be of at least average size of those lots otherwise found in the subdivision development and . shall, to the maximum extent possible, be dispersed throughout the subdivision development. Mayor Stiff noted that, given the number of issues to be addressed in the Annexation Agreement, it is imperative that the City and the Bozeman Deaconess Health Services work closely together to ensure that a win/win situation is created. Mr. Keith Swenson stated the applicant is generally comfortable with the language of the proposed additional condition, stating that the provision of affordable housing has been part of the concept for development of this property. He requested that this provision be applied to all new subdivisions, not just future annexations, so it is fair and equitable. Senior Planner Skelton cautioned that the item being considered at this time is annexation of the subject property, however, testimony received may pertain to the master plan amendment and subsequent development issues as well. . Mayor Stiff stated that the public hearing on the master plan amendment, which is the subject of the next agenda item, is to be opened and continued to July 6. He invited those interested in this agenda item to attend that meeting if possible, but noted that the Commission will receive their comments tonight if they are unable to return or wish to forward their comments at this time. Ms. Joan Holborn, 805 Bozeman Trail Road, stated the City has recently annexed several large parcels into its jurisdiction and they are presently available for development. She characterized the providing of affordable housing as being admirable, but questioned if this is simply a step to meet someone's "pet agenda". She expressed concern that the proposal for development which accompanies this request for annexation and master plan amendment seems to be an attempt to control where people live, work and go to church, and she feels that . is inappropriate. She also expressed concern about the narrow streets. She characterized the proposed mixture of business, industry and residential units as being incompatible with the neighboring housing developments. She also questioned the need for this type of development in an area that is only a ten-minute walk from the commercial developments on East Main 06-01-98 - 30- Street. She then encouraged the Commissioners to consider the real issues surrounding the requested annexation and master plan amendment. Mrs. Denia Layton, 1214 Holly Drive, stated that she looks over the existing wheat fields, and park area to the Bridgers at the present time. She recognized that this property will . be developed; however, she questioned whether the proposed annexation and development are appropriate and compatible with the existing area. She also questioned whether the water and sewer services in the area are adequate to accommodate the 4,000 people projected to live in this area under the proposed plan for development. She characterized the type of development being proposed for this site as possibly being valuable in Philadelphia or New York City, but noted that people in Montana tend to value their cars and their independence. Mrs. Layton then expressed concern about the proposed access off Highland Boulevard as one of the most dangerous corners on the street. She suggested that there are many issues which have been identified in the planning stages that could result in big problems later. She then stated that the city does not need any more annexed land at this time. She suggested that the only win/win situation that could be created by annexation of this land would be . realized by the Bozeman Deaconess Foundation, which she does not feel really serves the community at this time but would realize a significant amount of money in its pocket from this proposed annexation and development. She stated that any development of this parcel should be more in conformance with what has already been developed in the area. She noted that a number of the residents in the New Hyalite View Subdivision feel the same way, although they are not able to attend this meeting because this is a school night. She concluded by expressing concern that the Deaconess Foundation has chosen to conduct an informational meeting on its plans after this public hearing, and expressed concern about the sequence. Mr. Mark Kramer, 1421 Cherry Drive, stated that when he purchased his home, he recognized that the vacant land would be developed some day, but he has a problem with the light industrial and businesses uses that are proposed in conjunction with this annexation. He . characterized it as not being appropriate in a residential area where an arterial carries traffic quickly to either Main Street or Kagy Korner. He suggested, rather, that a continuation of the New Hyalite View Subdivision development, with residential lots separated by parkland and open space, would be much more appropriate. He characterized the proposal for smaller residential lots and alleys as being outdated and one that doesn't make sense on this property. 06-01-98 - 31 - Mr. Kramer stated that water runs year round in the ditch that has been identified in the staff report. He encouraged the Commissioners to keep in mind that, while there may not be any wetlands on this property, the water in that ditch could impact development close to it. He then suggested that the corridor along the ditch would be an ideal location for a park. . Mr. Sherm Jahnke, Chairman of the Board of Bozeman Deaconess Health Services, reminded the Commission that the issue before them at this time is annexation and not the use of the property. He then invited the public, and particularly those who live in the immediate surrounds of the property, to attend an informational meeting at 7:00 p.m. on Wednesday in the cafeteria at the hospital. Mr. Scott Creel, 1430 Cherry Drive, stated he is very strongly opposed to the proposed master plan amendment. He noted that everyone who has bought a home in the New Hyalite View Subdivision has recognized that the vacant land was owned by the hospital and that it could be developed. Mr. Creel stated, however, that he finds it difficult to be negative about the requested annexation, characterizing this as logical property to annex. He noted that expecting people . to stay on this 460-acre parcel because everything is provided there is not reasonable. He stated that he rides his bicycle to work, and it takes him less than fifteen minutes; and it takes him ten minutes to ride downtown. He recognized that this is a nice area of the community in which to live and suggested that residential development inside city limits would be appropriate. Ms. Ellen Bittner, 1203 East Kagy Boulevard, read into the record a letter she plans to forward to the Planning Office. She recognized that growth is a major issue of concern to the community, stressing the importance of ensuring that growth does not create a burden on the taxpayers and ensuring that the beauty of the town and the valley are protected. She noted that a number of groups have been created in recent years to address those concerns, and seminars on growth have been held. She recognized that it is not possible to stop growth, but . it is possible to plan for it. She noted that in October 1997, the Commission annexed the Valley West Annexation, which was one of the biggest annexations in the City's history and increased its size by 6 percent. She stated the major justification for that annexation is that the community is growing to the west, and that seems a logical way to grow. She noted that this proposed annexation is now the largest in the City's history and it is on the east side of 06-01-98 __._u________ -~_.._..,-- - 32 - the community. She cautioned that developing on two different sides of the community at the same time will double the costs of providing City services, including water, sewer, police and fire. She also noted that the real costs of development have not been clearly defined, but they are on everyone's mind. . Ms. Bittner noted that the open space task force is currently identifying open space to be preserved, and they are interested in the area that is the subject of this annexation request. She then noted that if it is annexed, the size of the community will once again increase by 6 percent. She encouraged the Commissioners to consider the ramifications of this proposed annexation prior to making a decision. Ms. Nancy Beebe, 1327 Cherry Drive, encouraged the Commissioners to consider the traffic problems that already exist in the area, noting her daughter was recently in an accident on Highland Boulevard, immediately in front of the hospital. She noted this area of the community is beautiful, with parks and open space, and encouraged the Commissioners to consider larger lot development than is being proposed so that it remains more consistent with the existing development. She also expressed concern about the impacts that development of . this subject property will have on the wildlife that is often seen at the present time. Mr. Dallas Thomas, 1145 Holly Drive, suggested that the Commission consider a moratorium on annexations until such time as a proper needs assessment is completed to identify the type of housing and commercial development is needed. Mr. Mark Kramer asked about the proposal to require that 15 percent of the lots be developed with low-income housing and asked how many lots would be involved and what size they would be. He then forwarded his desire to see standard size lots in this proposed development. Mr. Stewart Mitchell, 2250 Arnica, stated he has a degree in planning and is currently pursuing a Masters. He then indicated his support for the proposed development of this property, characterizing it as a better design that is seen in many other developments around . Bozeman. He recognized the concerns expressed by those who live in the area. He noted, however, that the proposed development would provide for increased densities and an increased sense of community, thus making Bozeman a better place to live. He recognized that the proposed development is different, but suggested that it could provide a new model for 06-01-98 - --. ----.-....-- - 33 - future growth of the community. He concluded by noting that development in this area is preferable to development on good agricultural land west of town. Mrs. Karen Thomas, 1145 Holly Drive, stated that the neighbors were told by 11 representatives of the Deaconess Health Services that the development could be clustered with . open space or could be a wall~to~wall subdivision, and she views that as a threat. She stated, in fact, she feels the entire process has been handled inappropriately. She then expressed concern that no informational packet was available at the Planning Board meeting. She also noted that the informational meeting being conducted by the Deaconess Health Services is at the suggestion of the Planning Board, and she expressed her frustration that it is an "RSVP" meeting because it is a "coffee and dessert party". Mrs. Thomas expressed concern that once the property is annexed, control over how it will be developed will be lost. She also noted that, at this time, no one knows who will actually develop the property or how it will be developed. She expressed concern that development of this property by a big developer will have an impact on the middle~class people who are struggling to make ends meet, even though some affordable housing is to be provided. . She stated that if this development occurs as proposed, those who can afford to will abandon their current homes and buy in a different location. She concluded by encouraging the Commission to carefully consider the impacts of this annexation prior to making its decision. Mr. Bob Arts, 8845 Haggerty Lane, stated his home is located immediately across Haggerty Lane from the subject property and, while it is located adjacent to a subdivision, it is actually a part of the property under consideration. He then asked how this annexation and master plan amendment might impact his property, noting that it is a 2 % ~acre parcel located in an AS zone. Senior Planner Dave Skelton responded that this requested annexation and master plan amendment do not affect Mr. Arts' property. . Break - 9:00 to 9:05 D.m. Mayor Stiff declared a break from 9:00 p.m. to 9:05 p.m., in accordance with Commission policy. 06~01 ~98 - 34- Public hearina (continued) - Commission Resolution No. 3234 - intent to annex 419.579-acre Darcel located in the NE% and SE%. Section a and Section 17. T2S. RGE. MPM (bounded bv Ellis Road. Haaaertv Lane. Bozeman Trail Road. Kagv Boulevard. Hiahland Boulevard and New Hvalite View Subdivision) (Deaconess Farmstead Annexation) (A-ga02) Mr. Fred Quam, 1409 Maple Drive, questioned the need for this annexation, particularly since a majority of the community's growth is occurring on the west side. He also questioned . what control there will be after annexation and sale of the property. He concluded by stating that he recognizes the property will be developed at some point, but he does not feel it is needed at this time. Responding to Commissioner Rudberg, Senior Planner Skelton stated that in the proposed additional condition, the 2 percent to be devoted to single-family detached affordable units is part of the 15 percent overall affordable units to be provided within this annexation. Responding to Commission Frost, City Attorney Luwe stated that there is no procedure outlined in the statutes for declaring a moratorium on annexations. He noted, however, that it is strictly the Commission's decision on whether to approve or not approve a requested annexation. He indicated that if the Commission wishes to not approve annexations, the first . step would be to amend its annexation policy. Senior Planner Skelton stated that the staff report is based on the goals and policies set forth in Commission Resolution No. 3137. He noted that the 1990 Bozeman Area Master Plan Update has designated the subject property as being within the urban growth boundary, and has encouraged a variety of housing types and sizes to avoid urban sprawl. He stated that if the Commission wishes to make City services available to the property so it can develop at urban densities rather than suburban densities, then annexation is necessary. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Responding to questions from Commissioner Youngman, the Senior Planner stated that the existing sewer services are designed to serve a population of 36,000. He then indicated that the Commission may choose to not annex property outside the sewer service boundary, . or may choose to include language in the annexation agreement pertaining to this issue. Further responding to Commissioner Youngman, the Senior Planner stated the comments from the Police Department, Fire Department, and Water/Sewer Department have not reflected any strong concerns about this annexation, like they have on the annexations to the west. 06-01-98 - 35 - Mayor Stiff noted that the subject property is within the urban growth area and will be developed. He stated he would like to see it developed by the organization that owns the hospital and surrounding land, in a manner that is an asset to the community. He noted that affordable housing has been a problem in the community, suggesting that the law of supply and . demand could help to address the matter. He noted that New Hyalite View Subdivision was not successful when it was first subdivided, but it has since become a nice area. Mayor Stiff stated his support for approving the requested annexation, characterizing it as preferable to 40-acre annexations with applicants he doesn't know. He noted it is in the best interests of the community for the City to annex the property and control its development. He also noted that representatives from the Bozeman Deaconess Foundation have been working with City staff to address various issues, and they seem to be sincere about providing affordable housing for the community. He concluded by stating he feels this annexation is important, and stressed the importance of maintaining a strong medical community. Commissioner Smiley stated she is astounded that the Bozeman Deaconess Foundation is willing to consider designating 15 percent of its housing units as affordable, noting it has . been a dream of the City for a long time. She characterized the medical center as a vibrant part of the community, and indicated her interest in supporting their continued expansion of services. She then indicated that the preservation of open space in the valley will be encouraged through development close to town rather than through urban sprawl. She concluded by indicating her support for this annexation. Commissioner Rudberg stated that annexation of this property, which has been master planned for urban density development since the early 1990s, will help to ensure that urban sprawl does not occur in this area. She stressed that this is only Step 1 in a multi-step process, and the next step will be the development of an annexation agreement for Commission consideration. She noted that other processes must also be completed, including the master plan amendment process, which is the subject of the next public hearing, and then zoning of . the property. She concluded by forwarding her support for this requested annexation, noting that the public will have significant opportunity for input as the various processes are undertaken. Commissioner Frost stated his concurrence with many of the comments which have been made. He recognized the need for a good hospital as well as the need for affordable housing. 06-01-98 --.-- -. _n__.._.__ __.. ___..__...__.._ -..- - 36 - He also stated he wants to minimize large-lot development in the County, which results in sprawl. He stated, however, he cannot support this requested annexation because if it is annexed, it will be developed. He noted that single-family detached housing is the most expensive type of development on City services, and he does not feel the City can absorb those . burdens. He also expressed concern that, with the low percentage of impact fees being collected, the existing taxpayers are being asked to carry an additional burden; and he feels that is inappropriate. Commissioner Youngman suggested that the Commission direct the staff to bring back an annexation agreement for review and possible action. She noted that the concerns which have been raised are legitimate, and indicated she wants to see if they can be adequately addressed in the annexation agreement. She indicated her general support for the requested annexation, in principle, because it is better for orderly development of the community. She noted that she does have serious concern about the level of taxpayer subsidy for development inside the city limits, particularly because of the low percent of impact fees being collected. She also noted that 2/3 of the property is located outside the sewer service boundary. She . expressed a desire to have more discussion about the impacts this annexation might have on City services, particularly since City staff has not forwarded the same concerns about this requested annexation that it has on other annexations requested, including Valley West and the Manley property. She noted that those two annexation agreements included language regarding the avoiding of taxpayer burden, and she feels similar language should be considered in this agreement. She also expressed an interest in protecting the environmentally sensitive ravine on the property, and asked that language be included in the annexation agreement to identify the possible designation of that area as a park or open space. She indicated that, as long as those issues are addressed, she is willing to move forward with the annexation. City Manager Johnson noted that it is beneficial for staff to have written testimony from . which to develop the annexation agreement and requested that anyone willing to submit their testimony and concerns in writing please do so. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission authorize and direct staff to bring back an annexation agreement, for review and possible action by the Commission, with the agreement not to be voted on before the July 6 pUblic hearing on the master plan amendment, which is the subject of the next public hearing. 06-01-98 -. - -------..- ".- . -"- ..--.---- --..-.".-.". .- -..--- - -- - 37 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No being Commissioner Frost. . Public hearina - Master Plan Amendment - Bozeman Deaconess Health Services - create a new land use classification called "Traditional Neighborhood Development". to allow mixed use neighborhoods: and aDDly new classification to 485.98 acres located in the NE% and SE% of Section 18. the SW% of Section 8. and the SE% of Section 17. T2S. R6E. MPM (aenerally bounded by Ellis Road. Haggerty lane. Bozeman Trail Road. Kaay Boulevard. Highland Boulevard and New Hyalite View Subdivision) (P-9808) This was the time and place set for the public hearing on the Master Plan Amendment requested by Bozeman Deaconess Health Services under Application No. P-9808, to create a new land use classification called "Traditional Neighborhood Development", to allow for mixed use neighborhoods; and to amend the land use designation from "Urban Residential Infill", "Urban Residential" and "Suburban Residential" to "Traditional Neighborhood Development" on 485.98 acres located in the Northeast one-quarter and the Southeast one-quarter of Section 18, and the Southwest one-quarter of Section 8, and the Southwest one-quarter of Section 17, . Township 2 South, Range 6 East, Montana Principal Meridian. The subject property is generally bounded by Highland Boulevard, Ellis Road, Haggerty Lane, Bozeman Trail Road, Kagy Boulevard and New Hyalite View Subdivision. Mayor Stiff opened the public hearing. Senior Planner Dave Skelton noted that in his memo dated May 20, he outlined the status of this master plan amendment application. He stated that the City-County Planning Board was scheduled to hear this item at its May 19 meeting, noting that the application actually includes two parts, (1) the establishment of a "traditional neighborhood development" land use designation and (2) the application of that designation to the subject 485 acres. The Senior Planner stated that, following consideration of the Planning staff's recommendations and receiving public testimony, the Board voted 6 to 0 to continue the public hearing. He noted . that the Board also encouraged the applicant to _ hold a neighborhood meeting with the surrounding residents, and that meeting is to be held on Wednesday evening. He then indicated that the Planning Board will consider this application again at its June 16 meeting and asked that the Commission continue its hearing to July 6. He indicated that on June 9, the County Commission will be asked to open and continue its public hearing to July 7. 06-01-98 - 38 - Senior Planner Skelton stated that, obviously, a specific proposal is the driving force behind this application; however, he stressed that the staff, the Planning Board and the two Commissions must consider the master plan amendment as it applies to the entire community and not just this particular site. . Mr. Scott Creel, 1430 Cherry Drive, stated he feels the hospital could be a good neighbor while meeting the requirements of developing under the existing zoning. He recognized the benefits of annexing the subject property and developing it under the City's regulations. He encouraged the Commissioners to consider the topography of the area, noting that the subject site is located on a downhill slope from the New Hyalite View Subdivision. He recognized that development of this land will not block their views, unless tall buildings are constructed. He concluded by indicating that industrial and commercial may not be appropriate in this area. Mrs. Denia Layton, 1214 Holy Drive, recognized the benefits of having good hospital facilities in the community, and stated her appreciation for their continued efforts to be progressive in their services. She stressed the importance of remembering that those who use . those services pay for them. She then stated that the hospital is a good neighbor when it wants to be, but isn't necessarily a good neighbor all of the time. She concluded by stating she does not feel that should be a part of the Commission's consideration. Mr. Dallas Thomas, 1145 Holly Drive, stated he spoke with the CEO of Bozeman Deaconess Health Services, who informed him that it is a private not-for-profit organization. He questioned why such an organization would go into the development business. Senior Planner Dave Skelton stressed that annexation is only the first of many steps, and it drives all of the remaining steps. He noted that if the property is annexed, it will be developed at urban densities. He recognized that, to accommodate the desired type of development, a master plan amendment and a zone map amendment may be necessary, and those are both processes which include public hearings. He stated that subdivision review and . zoning processes follow, both of which have opportunities for public input. At Mayor Stiff's request, the Senior Planner once again reviewed the dates when the Planning Board, City Commission and County Commission will consider this item. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the public hearing be continued to July 6 to give the Planning Board an opportunity to forward its 06-01-98 --------- - 39 - recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. . Adjournment - 9:55 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. ~~/~~ ALFRED . STIFF, Mayor ATTEST: GJ~ /~ . ROBIN L. SULLlVAN- Clerk of the C61!Hn~-sion . 06-01-98 --