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HomeMy WebLinkAbout1995-01-03 ccm _.. ____..._ . ___ n_ ~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 3, 1995 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 3, 1995, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, 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 Mayor Vincent deferred action on the minutes of the regular meetings of September . 6, September 12, October 3, October 17, December 19 and December 27, 1994 to January . 17, 1 995, to allow staff adequate time to review them prior to Commission action. Ordinance No. 1396 - Zone MaD Amendment - A-S to M-1 - 2.4 acres located in the W%. SE%. NW%. NE%. NE% and W%.. NE%. NW%. NE%. NE%, Section 17. T2S. R5E. MPM (south of Huffine Lane and west of Gooch Hill Road) This was the time and place set for final adoption of Ordinance No. 1396, as approved by the City Attorney, entitled: ORDINANCE NO. 1396 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS FROM AN "A-S" (AGRICUL TURE--SUBURBAN) DISTRICT TO "M-1 (LIGHT MANUFACTURING), ON 2.4 ACRES DESCRIBED AS THE WEST ONE-HALF, SOUTHEAST ONE-QUARTER, NORTHWEST ONE- QUARTER, NORTHEAST ONE-QUARTER, NORTHEAST ONE-QUARTER AND THE WEST ONE-HALF, NORTHEAST ONE-QUARTER. NORTHWEST ONE- . QUARTER, NORTHEAST ONE-QUARTER, NORTHEAST ONE-QUARTER, SECTION 17, TOWNSHIP 2 SOUTH. RANGE 5 EAST. MONTANA PRINCIPAL MERIDIAN, IN GALLATIN COUNTY, MONTANA. City Manager Wysocki reminded the Commission that they had provisionally adopted this ordinance at their meeting of December 12, and recommended that it be finally adopted at this time. 01-03-95 ..--- -..-...-----.- . ._"..".... - - - -----. ---- --.-.- ----.---. - . - 2 - It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission finally adopt Ordinance No. 1396 on second reading, enacting a zone map amendment from A-S, Agriculture--Suburban, to M-1, light Manufacturing, on a 2.4-acre parcel located along the south side of Huffine Lane and west of Gooch Hill Road. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, . Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Discussion - format for work sessions and aaenda meetings. includina (a) acceptance of public input and (b) meeting notice At Mayor Vincent's request, Clerk of the Commission Sullivan forwarded the information she had gathered when talking to employees in Billings and Great Falls about their meeting schedules. She noted that public input is accepted during work sessions in those communities, however, no public input is allowed during the agenda meetings. She noted that City Attorney Luwe has cautioned that the acceptance of pUblic input during agenda meetings, particularly if it pertains to an item which will be the subject of a public hearing, could . compromise the process. Mayor Vincent stated he is sensitive to City Attorney Luwe's concerns about compromising processes. He then indicated that he had requested that this item be placed on the agenda so that all of the Commissioners understand and agree with the formats for both the work sessions and the agenda meetings. Commissioner Stiff expressed concern over accepting pUblic input at work sessions, when only abbreviated minutes are to be maintained for those sessions. City Attorney Luwe assured the Commission that public input can be accepted at work sessions, noting that in the past some of the work sessions have been scheduled in anticipation of receiving input from those in attendance. He recognized that it is important to remember that no record is going to be maintained. . Mayor Vincent stated he does not want to open the work sessions to the point that only public input is being accepted, stressing the importance of ensuring that a balance is attained. 01-03-95 - 3 - Commissioner Youngman suggested that outlining the parameters of a work session and identifying the anticipated target are accomplished at the beginning of the work session, then the comments can be more specifically structured and on track. City Manager Wysocki cautioned the Commission that it is important to ensure that . the work sessions and agenda meetings do not become mini-hearings prior to conducting the public hearing, no matter what the topic. He encouraged the Commissioners to view these meetings as informational only, providing background information for the upcoming meeting. Mayor Vincent noted that when setting the structure of the meeting, he would be sure to note that informational input only will be received, no advocacy input. He then noted that, while this format is new in Bozeman, it is being successfully used in other communities. City Attorney Luwe stated that, after the first month of operation under this new meeting format, he will bring back proposed revisions to the rules of procedure, which will include revisions which had been suggested by former Commissioner Beverly Knapp as well as changes resulting from the change in meeting structure. Responding to the City Manager, Clerk of the Commission Sullivan stated it is her intent to publish a small agenda notice in the newspaper for work sessions and agenda . meetings, in the same format as the agenda for the regular meetings, unless otherwise directed by the Commission. City Manager Wysocki asked that the Commissioners identify some of the topics which they would like to consider in work sessions over the next two or three months, to get through the transition period. He then emphasized the importance of identifying topics for work sessions at least two weeks ahead of the session, to provide adequate time for staff to prepare the necessary information. He stated that an update on the tax increment financing/urban renewal program has been identified as the work session topic for the January 9 meeting; however, no other topics have yet been identified. City Attorney Luwe reminded the Commission of the meeting format. He noted that . on the first and third weeks, regular sessions and public hearings are held; and on the second and last weeks, work sessions and agenda meetings are conducted. He stated that on five- Monday months, such as this month, the fourth meeting can be devoted to work sessions instead of regular meetings if the Commission so desires. He noted that, in light of the fact that the Commission has made attendance mandatory at the agenda meetings and work 01-03-95 - - 4 - sessions, they will still comply with the statutory requirements for conducting meetings in this form of government. Mayor Vincent suggested that the January 23 work session be set aside for a work session on goals. The City Manager responded by stating he feels it is important that the Commission . receive staff input prior to setting of goals; and he does not feel that can be accomplished by the January 23 meeting. He then suggested that an update on the status of goals for this fiscal year could be accommodated during the meeting, instead, in anticipation of beginning the goal setting process at the next work session scheduled for that issue. Commissioner Youngman forwarded her suggestions for topics for upcoming work sessions, including (1) goals, (2) planning, (3) affordable housing policy, including identifying priorities for use of the Community Housing Fund, and (4) growth management. She also stated an interest in conducting more work sessions with boards, such as the DRB and the Planning Board. Commissioner Stueck suggested that the Commission consider using three or four . work sessions a year for scheduling of meetings with the County Commission, to discuss issues such as growth. Commissioner Youngman suggested that a work session with the School Board on the issue of growth could be beneficial as well. Commissioner Frost forwarded his suggested list of topics for work sessions, which include (1) growth management, including long-range planning for items such as water, waste water and transportation, (2) zoning standards and (3) review of the annexation policy. City Manager Wysocki stated that he feels the annexation process is the longest and most complicated land use process in the current system. He then suggested that alternatives also be considered for shortening the overall process, particularly when other processes, such as a zone map amendment, are added. . Commissioner Frost stated he feels the policy should be revised to more accurately reflect the Commission's philosophies and goals. The City Manager noted that when the annexation policy was originally written, it was intended to create a more rectangularly shaped community with straight line edges, and to encourage annexation of wholly surrounded parcels in the community. 01-03-95 - 5 - Commissioner Frost stated that during his first four years on the Commission, there were several discussions about the annexation policy; however, they were very theoretical because no annexation requests were being processed at that time. He noted that resulted in the Commissioners trying to write policy for something about which they had no experience. . Commissioner Stiff asked if beautification of the community will be a part of the discussions on planning and zoning issues. He noted that recently a member from an old Bozeman family visited the community and commented on how ugly it has become, particularly when viewing it from the interstate. He then forwarded bicycle safety as another topic for a work session. His concern is that if some changes are not made, Bozeman is going to incur a fatality because of the way people ride bicycles on the city streets. Mayor Vincent noted that one of the top five priority goals for this fiscal year pertains to public safety and the enforcement of ordinances. He expressed concern that the ordinances currently on the books, particularly those pertaining to public safety, are not being adequately enforced; and this is degrading the quality of life in Bozeman and making it a less desirable place to live. He suggested that discussion of electronic enforcement could be beneficial. City Manager Wysocki stated that Neighborhood Coordinator/Grantsperson Goehrung . is presently working on several little pieces that could be included in a display ad entitled "Courtesy and Common Sense". During the next week or so, he is to meet with someone from the Bozeman Daily Chronicle about publishing these tips once a week. The City Manager stated his intent to try this strategy for a period of three months, to see if it is an effective tool. Mayor Vincent noted that nine out of ten telephone calls to Commissioners pertain to little things which "get under one's skin", rather than large issues. He stated that if the tips are successful, that many alleviate the problem; and if they are not successful, then additional enforcement may need to be considered. Commissioner Stiff suggested that when considering the planning and zoning programs, it may be beneficial to seek input from those who have used the processes contained . in the new codes, to determine how they are viewed by the public. He suggested that this approach could generate information about which the Commission will be surprised. Responding to the City Manager, Commissioner Stueck stated that one of the items heard repeatedly from the development community in recent discussions was the need for predictability. 01-03-95 . - --".- ..----.-----.- .. -----"... - 6 - Further responding to the City Manager, Commissioner Frost suggested that development standards for streets, roll-over curbs, landscaping, and on-site storm water detention/retention versus parkland versus open space are items which should be discussed. Commissioner Stueck stated he likes the concept of a public survey; however, he . posed several questions about the questionnaire and the process of distributing it. Commissioner Frost suggested taking specific projects and conducting an autopsy on them to determine how well the system worked, accepting input on how the applicant viewed the process as well. He emphasized the need for good, constructive input, with specifics included, so the Commission can better determine where changes might be most needed. City Manager Wysocki stated that the Clerk of the Commission will prepare a list of proposed topics for work sessions. He then asked that the Commissioners develop a priority list of the topics which they want to include in the work sessions which are to be held in January and February. Discussion - FYI Items . City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Memo from Neighborhood Coordinator/Grantsperson Goehrung, dated December 28, inviting people to attend an informational meeting to discuss improvements along North 7th Avenue, which is to be held at 7:00 p.m. on Tuesday, January 10, at the Library. The City Manager noted that the Commissioners are invited to attend the meeting if they wish. He then indicated that the bulk of the improvements to North 7th Avenue are to be made between Durston Road and West Oak Street. (2) Copy of a letter from Lonny Walker, dated December 1, addressed to the City Manager. The City Manager stated that this letter will be placed in the file for consideration . when development proposals for either of the parcels of land involved are being reviewed. (3) List of the holidays to be observed in 1995, as a result of negotations with the various bargaining groups. (4) Agenda for the Chamber of Commerce Governmental Affairs Committee meeting which was held on Friday, December 30. 01-03-95 ... ------ --.-.....-.---.--... ..-.----------.. - 7 - (5 ) Agenda for the Development Review Committee meeting which was held today at 10:00 a.m. (6) Agenda for the County Commission meeting which was held at 1 :30 p.m. today. . (7) Agenda for the Highway Commission meeting which is to be held on January 11 and 12 in Billings. (8) The City Manager submitted his weekly report, as follows. (1) Announced that the deadline for responding to the request for qualifications for a financial advisor for the general obligation bond issue is rapidly approaching. (2) Announced that Local Government Day will be held in Helena on Friday, January 20. He indicated that more information will be forthcoming in the next week or so. (3) Announced that the Parking Commission will meet at 7:30 a.m. on Thursday morning at City Hall. (4) Announced that he met with representatives from the Chamber of Commerce regarding this month's session of the Leadership Bozeman program, which is devoted to City and County governments. (5) Stated that he, Director of Public Service Forbes and City Engineer Brawner met with Rick Kerin regarding the design for West Babcock Street. He noted that, with a 90-foot right-of-way for the road, it can be . centered on the section line. He stated that the roadway is being designed with two driving lanes and two bicycle lanes. He noted that pedestrian walkways, possibly in a material other than concrete will also be provided along each side of the street, hopefully set back from the back of the curb. (6) Stated that he reviewed the plans for adding a meeting room and office space at the Swim Center. He noted that monies for the design were included in this year's budget, with monies for construction to be included when determined appropriate. (7) Announced that the Interagency Breakfast will be held at 7:00 a.m. on Wednesday, January 11, at the Baxter. (9) The City Manager announced that John Blacker, who has served as the Department of Transportation Supervisor in Bozeman, has left and has been replaced by Doug . Mohler, who previously worked in the Kalispell district. (10) Commissioner Frost stated he was interviewed for the article which was in Sunday's Bozeman Daily Chronicle; and he was supportive of the Planning Director and the Planning Board, even though the article didn't necessarily reflect that support. 01-03-95 - - 8 - (11 ) Commissioner Youngman stated that when she was in Seattle over the Christmas holidays, she saw the little round semi-circular bumps, placed in two or three rows across the roadway, as a speed deterrent. She noted that, while they don't pose the problems that speed bumps can pose, they do seem to be effective because of the noise and the sensations which they create. . (12) Commissioner Stueck stated he has written a guest editorial, which should be published in the newspaper within the next few days. He then summarized the interview upon which the article in Sunday's edition of the Bozeman Daily Chronicle was based, He forwarded his concern that the lack of a critical lands study, which the Commission had just directed staff to undertake, was the basis upon which the Planning Board had recommended denial of the master plan amendment and zone map amendment requested by Mr. Hannah, citing that as an example of misinformation being forwarded to the Board. He then stated that he has spoken with the Planning Director twice, even though during the orientation session the Commissioners were instructed to forward all complaints and concerns to the City Manager rather than going directly to staff members. He suggested that this article should be used as a stepping stone toward improving the system rather than tearing it down. . (13) Commissioner Youngman asked if the chairs of the various committees are notified about new appointments. Clerk of the Commission Sullivan responded that copies of the letters of appointment are sent to the staff members who serve the various boards; however, no copies are sent to the chairs. (14) City Attorney Luwe asked about the format for the public hearings this evening and whether time limits will be imposed. Mayor Vincent stated he has not yet made a determination on that issue. He then noted that the Citizens to Save Open Space group has a couple people who will make a presentation on behalf of the entire group, with individuals to speak after they have concluded. . He then stated that at the beginning of the public hearing, he plans to have City Attorney Luwe review his memo, to set the parameters for the hearing. (15) Clerk of the Commission Sullivan submitted the following. (1) Reviewed the agenda for next week's work session as well as the following week's agenda. (2) Noted that the minutes for all of the Commission meetings are now up to date. 01-03-95 ..__ ,. _.__. - ._u__..,.____ -- . - 9 - ( 16) Mayor Vincent thanked the Clerk for her gathering and disseminating of information regarding the change in meeting schedule. Consent Items . City Manager Wysocki presented to the Commission the following Consent Items. Ratifv City Manager's signature - StiDulation re water rights in Sourdough Creek Durchased bv the City from Alvin J. Goldenstein and Gerald R. Goldenstein Authorize City Manaaer to sian - Professional Services Aareement with Gaston Enaineerina & SurveYing - engineerina services for imDrovements to South Third Avenue from Kaav Boulevard to Graf Street Claims It was moved by Commissioner Stiff, seconded by Commissioner Stueck, 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 Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. . Recess - 4:35 c.m. Mayor Vincent declared a recess at 4:35 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the schedule public hearings. Reconvene - 7:00 c.m. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearing - Conditional Use Permit - Dave Duffv on behalf of Country Classic Dairies. Inc.. dba Darigold - allow construction of two additions (totalling 1.908 sauare feet); excection to . Section 18.65.050 .B.a .( 11 of the Bozeman Municioal Code to allow existing roof sian to remain -lots 1-7 and 8-14. Block 3. Durston's Second Addition (1001 North 7th Avenue) (Z-94134) This was the time and place set for the public hearing on the Conditional Use Permit requested by Dave Duffy on behalf of Country Classic Dairies, Inc., dba Darigold, under Application No. Z-94134, to allow construction of two additions totalling 1,908 square feet and allow an exception to Section 18.65.050.B.a.(1) of the Bozeman Municipal Code to retain the 01-03-95 - 10- existing roof sign on Lots 1 through 7 and 8 through 14, Block 3, Durston's Second Addition. The subject site is more commonly located at 1001 North 7th Avenue. Mayor Vincent opened the public hearing. Associate Planner Dale Beland presented the staff report. He stated that, since this is a wholesale business located in a community highway business district, a conditional use . permit is needed for the requested expansion. The applicant is requesting the conditional use permit to construct two additions, totalling 1,908 square feet, on the south end of the building. These additions are designed to provide additional storage space for cooling and dry materials. The applicant is also seeking a Certificate of Appropriateness for an exception to Section 18.65.050.B.a.(1) of the Bozeman Municipal Code, to retain the existing roof sign. The Associate Planner stated that the existing roof sign has been located on this building for approximately forty years. The current sign code does not permit roof-mounted signs; however, it does allow for exceptions to allow existing signs to remain. He noted that this exception has been requested to allow three existing signs in the community to remain. He stated that, following its review of this application, the Design Review Board recommended that the sign be allowed to remain. . The Associate Planner stated that the City-County Planning Board considered this application under the consent agenda for their December 20 meeting. At that time, they concurred with the recommended conditions recommended by staff, as did the applicant. On that basis, the Board has forwarded a recommendation for approval of this application, subject to twelve conditions. Mr. Duffy indicated a willingness to respond to questions. No one was present to speak in opposition to the requested conditional use permit or exception to the code. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. . There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission approve the exception to Section 18.65.050.B.a.(1) of the Bozeman Municipal Code to allow an existing roof sign to remain; and approve the Conditional Use Permit as 01-03-95 ....-..-...-... ----.--- .---- - 11 - requested by Dave Duffy on behalf of Country Classic Dairies, Inc., dba Darigold, under Application No. Z-94134, to allow construction of two additions totalling 1,908 square square feet on Lots 1 through 7 and 8 through 14, Block 3/ Durston's Second Addition subject to the following conditions: . 1. Building additions' materials, colors, and elevation/roof format shall be consistent with the existing building; 2. All water and sewer lines, both existing and proposed, shall be accurately shown and sized on the final site plan, and approved by the Water/Sewer Superintendent; 3. All water and sewer mains, service lines and easements, both exiting and proposed, shall be shown on the final landscape plan; 4. The domestic water meter location, inside of the building, must be accurately shown and dimensioned on the final site plan; 5. All existing utility and other easements must be shown on the final site plan; 6. All fire hydrants within 500 feet shall be shown or indicated on the final site plan; 7. Any modifications or additions to the refrigeration system(s) shall meet the requirements of Article 63 and Article 80 of the Uniform Fire Code if applicable; . 8. All exterior light fixtures shall be designed with cut-off shields to deflect light down and/or away from adjacent properties and streets, and must be detailed on the final site plan. Light fixture luminaries shall not be visible from adjacent properties and streets. Light standards shall not exceed a height of 20 feet or the height of the structure, whichever is lower; 9. Seven (7) copies of the final site plan containing all of the conditions, corrections and mod ifications approved by the Development Review Committee (DRC) shall be submitted for review and approval by the Planning Director within six months of the date of ORC approval. A copy of the approved final site plan shall be forwarded to the Building, Street/Sanitation, Water/ Sewer, Engineering, and Fire Departments by the Planning Office; and one copy shall be retained in the Planning Office file; 10. A building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building Permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be . allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but no concrete may be poured until a Building Permit is obtained; 11. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one.half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than 12 months; 01-03.95 ____.._n....__. -- -- - 12 - however, all on-site improvements shall be completed by the applicant within nine months of occupancy to avoid default on the method of security; and 12. The Conditional Use Permit shall be issued by the Planning Director upon the receipt of applicant's written consent to all of the conditions imposed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Public hearing - reauest for modification of conditions for aDDroval of annexation of 147.23 acres located in the NE%, Section 25, T2S, R5E, and NE%, Section 30, T2S, RGE, MPM (north of Goldenstein lane, east of South Third Avenue) - Don Hannah This was the time and place set for the public hearing on the request for modification of conditions for approval of annexation of 147.23 acres located in the Northeast one-quarter, Section 25, Township 2 South, Range 5 East and the Northeast one-quarter, Section 30, Township 2 South, Range 6 East, Montana Principal Meridian, as requested by Don Hannah. The subject property is located north of Goldenstein lane and east of South Third Avenue. At Mayor Vincent's request, City Attorney luwe provided some background . information on this item as well as set the parameters for the public hearing. He reminded the Commission that on April11, they approved annexation of the subject parcel, and directed staff to bring back a resolution of annexation upon satisfaction of seven conditions and execution of the Annexation Agreement. In December, the applicant requested that the Commission reconsider its decision, and delete Condition Nos. 4 and 5, which read: 4. An appropriate urban Master Plan land use map amendment must be applied for and approved in accordance with applicable policy; and 5. An appropriate urban zone map designation(s) must be applied for and approved in accordance with applicable law. The City Attorney reminded the Commission at at the December 12 meeting, the . Commission agreed to reconsider those conditions and scheduled a public hearing to accept public comment regarding the request. City Attorney luwe reviewed the contents of his memo of December 22, which was included in the Commissioners' packets. He reminded the Commission that, when making a decision on this request for modification, it is to be based on "whether it would be in the best 01-03-95 -- --- __._...u -.--... - 13 - interests of the inhabitants of the proposed area to be annexed and in the best interests of the City of Bozeman to annex this property with or without Condition Nos. 4 and 5." He noted that his memo also cautions that no particular development proposal is to be considered; however, testimony regarding the impacts of an urban-density development can be considered. . He noted that Senior Planner Skelton's memo dated December 28, which was also included in . the Commissioners' packets, describes the densities that would be allowed under the applicable zoning designations. Mayor Vincent opened the public hearing. Senior Planner Dave Skelton presented the staff report. He highlighted three of the key issues contained in his memo of December 28. He stated that the requirements for a master plan amendment and a zone map amendment are based on policies set forth in Commission Resolution No. 2716, which established the eight goals and twelve policies under which all requests for annexation are reviewed and analyzed. He emphasized that these goals and policies are not necessarily mandatory, but simply provide guidelines and criteria for consideration of annexation applications. The Senior Planner reviewed four general regions in the community where R-S or A-S . zoning exists within city limits, noting that those areas generally lie along Sourdough Creek and Rocky Creek. Also, the MacKenzie parcel, which is located along West Lincoln Street and is zoned R-S, was recently annexed to the city due to a failed septic system but was not required to obtain a master plan amendment or zone map amendment. He then stated that a parcel zoned A-S, located along South Third Avenue, and a parcel zoned R-S, near the new hospital, remain unannexed although they are wholly surrounded. Senior Planner Skelton outlined the densities of development allowed under the existing R-S, Residential--Suburban, zoning and the requested R.1, Residential--Iow-density, single-family. He stated that under the R-S zoning, a density of one unit per acre is allowed; and under a planned unit development with a 3D-percent density bonus, a total of 191 dwelling . units could be constructed on the subject 147.acre parcel. Under the R-1 zoning, a density of four dwelling units per acre is allowed; and under a planned unit development with a 30-percent density bonus, a total of 588 dwelling units could be constructed in the subject property. The Senior Planner emphasized the fact that no formal application for subdivision or development of this property is being processed. He then reiterated the City Attorney's caution 01-03-95 .-..... -- - 14 - that discussion about a specific development proposal would be inappropriate during this public hearing. Mr. Robert Lee, Westridge Planning, representing the applicant, stated he feels that the current R-S zoning is appropriate. He noted that originally he did not believe the suburban designation would be appropriate once the property was annexed, since he was viewing it from . the traditional point of view; however, he was also extremely concerned about the high level of development that would be allowed under the R-1 zoning that was being proposed. Mr. Lee stated that the applicant is able to provide the type of development which he has always visualized for this parcel under the existing R-S zoning; and he would prefer to leave the zoning as it is to protect the area as well as the subject parcel. He indicated that through clustering of homes, the sensitive areas can be protected. Also, through clustering, infrastructure can be provided at a cost that makes an economically viable project. Mr. Lee stated that one of the reasons the applicant proposed that some of the property be rezoned to PLI was to ensure that people recognized the intent to leave some of the acreage as parkland and open space, particularly in the sensitive areas. Mr. Robert Lee summarized by stating that the applicant recognizes the constraints . on development of the subject parcel, given the sensitive and beautiful areas which it contains. He further recognized that, to ensure the protection of the area, it is best developed with City services rather than with wells and septic systems. He then reiterated his position that this property can be most appropriately developed under the existing R-S zoning and requested that the Commission approve the requirement that this zoning designation be changed. Responding to Mayor Vincent, Mr. Lee acknowledged that in the previous presentation, the applicant indicated support for changing the zoning designation on this property in response to the City's annexation policy. He stated that, upon completion of the concept plan which is needed to adequately address the goals and pOlicies set forth in the annexation policy, they recognized that clustering along the west edge of the property is . important. He noted that this can be best accomplished through a townhouse type of development, which is why the R-3 zoning was proposed. He stated, however, that this same type of development can be accommodated through the planned unit development under the existing R-S zoning. 01-03-95 ....--.----- - 15 - Further responding to the Mayor, Mr. Lee stated that, as a result of input received during the public hearing process, the applicant has recognized the benefits of retaining the R-S zoning. Mr. Terry Lonner, 3602 Good Medicine Way, stated he is representing the Citizens to Save Open Space for Bozeman (50S). He stated it is premature and improper to annex the . subject 147-acre parcel at this time. He characterized this parcel as an important part of the Bozeman Creek corridor, and one of the most environmentally sensitive areas in the urban growth area. Mr. Lonner reviewed the goals of 50S. Those goals include being dedicated to preserving unique areas more appropriately dedicated as open space or city/county parks; promoting agricultural use of areas where that is believed to be the best use of the land; protecting the integrity of streams and wetlands; maintaining the diversity of natural plant, animal and aquatic resources; enhancing habitats for birds and wildlife; and enhancing daily and seasonal migration grounds. Mr. Lonner stated this subject parcel is a beautiful open space area which is an amenity, as well as a necessity to the community. He noted that communities with large open . space areas have lower crime rates and are better communities in which tQ live. He stated that the area in which Bozeman is located as well as the amenities which are readily available, such as this beautiful open space, are what set Bozeman aside from other cities in the Rocky Mountain region. Mr. Terry Lonner stated that the Citizens to Save Open Space wish to work with the City and the County to retain areas such as this. He then indicated their intent to conduct a philanthropic feasibility study, using a consulting firm whiCh recently completed a similar study in the Flathead. He further stated their intent to generate interest and revenues for acquisition of open space, through targeting individuals and businesses through which donations or grants might be obtained. He indicated that they are working closely with the Gallatin Valley Land . Trust and the Nature Conservancy. Other steps they are pursuing include exploring potential tax benefits for the present land owners, getting neighborhoods involved in fundraising, exploring the possibility of a bond issue, and exploring the possibilities of support from private foundations and other public and private sources. 01-03-95 -.---.---.-..--. - 16 - Mr. Lonner then asked that the Commission allow them time to work toward their goals, rather than taking steps which will hasten development of a parcel which the residents in the immediate area feel should be maintained free of development, as an amenity to be enjoyed by everyone. Mrs. Martha Lonner, 3602 Good Medicine Way, expressed her frustration that the . Commission has been willing to accommodate the developer but does not seem willing to accommodate residents of the area. She stated that she is a Gallatin County resident, and is speaking on behalf of many county residents who are unable to be present at this meeting. She stated the City Commissioners represent her in their decisions, even though she lives outside city limits, particularly since those decisions can impact her quality of life. She stated that they purchased the property and built their home at this location 21 years ago and have enjoyed their quality of life since then. Mrs. Lonner stated that, in light of the processes to which she has been subjected regarding this 147-acre parcel, she has tried to become more informed through attending a variety of meetings in recent months. Mrs. Lonner reviewed the recent history of this parcel, reminding the Commission that . both the Planning staff and the Planning Board recommended denial of the master plan amendment and the zone map amendment before the Commission approved them. Subsequently, the County Commission upheld the staff and Board recommendation for denial; and it appeared that the process had ended. She then noted that the issue is alive once again through this request for modification and forwarded her concern about the Commission's decision on this request. Mrs. Lonner presented slides depicting the SOS position. She stated they are not opposed to annexation; but they are against premature and improper annexations. They are not against development; but they are against development which is inappropriate for specific locations. She stated they are not against contractors, noting that, in fact, her father was a . contractor. Mrs. Lonner stated that when they purchased their property, Goldenstein Pond was a part of Sourdough Creek Properties; and Mr. Carter Williams emphasized the importance of retaining that area as open space available to everyone. In fact, he stocked the pond with fish so that those living in the Sourdough Creek Properties subdivisions could enjoy fishing there. 01-03-95 -.---.--- -- -- ------ - 17 - Today, that pond is in private ownership. She stated that her two children have enjoyed growing up in this area and have played in the open space which Mr. Hannah is now proposing to annex and develop. Mrs. Lonner noted that, according to studies conducted by Patrick Jobes, who . recently retired from MSU, 70 percent of those who move to Bozeman will leave in five years. She suggested that, because of this statistic as well as the growth which the area is encountering, local elected and appointed officials are losing control. Mrs. Martha Lonner reviewed some of the history of this process, noting that on November 15, 1993, the City received an application for annexation into the city. She stated that in the information submitted at that time, the applicant indicated an interest in developing the parcel at a density of one to six units per acre. On December 13, 1993, the Development Review Committee reviewed this application. She cited excerpts from statements by various staff members regarding this proposal and the impacts which it might have on City services. She stated that, as of last Friday, there was nothing in the public record which superseded any of those comments from that meeting. Mrs. Lonner reviewed the eight goals set forth in Commission Resolution No. 2716. . She stated that only 12 percent of the entire boundary of the subject parcel touches existing city limits; and the parcel is served by County roads only. She suggested that the area along Wagon Wheel, which is the area where she lives, would better meet the goals of the resolution than the subject parcel does. She concluded by stating that the subject parcel meets only one or two of the eight goals. She suggested that fact, when coupled with the statements forwarded by staff, should discourage annexation of this property. Mrs. Lonner encouraged the Commission to make a decision which will allow them to take back control. Mr. Brian Gallik, attorney representing the Citizens to Save Open Space, stated that Mr. Goetz was unable to attend this meeting. He noted that the annexation policy has been . developed to help the Commission determine whether an annexation proposal is in the best interests of the City and the inhabitants of the area subject to annexation. He then raised a couple issues which he feels need to be considered. The first is precedent. He noted that, even though there are some areas of the community which have been annexed but retained R-S zoning, they are small parcels as opposed to this large parcel. Second, subsequent to 01-03-95 - 18 - preliminary approval of annexation, the Planning staff and Planning Board have determined that the master plan amendment and zone map amendment are inappropriate because a critical lands study has not yet been completed. He suggested that without a complete inventory of critical lands in the City's jurisdicational area, it is inappropriate to allow proposed development to . occur and compromise that amenity and, ultimately, the quality of life in Bozeman. Mr. Gallik cited Section 76-6-102(1) through (5), Montana Code Annotated, noting the short title of this chapter of the Code is "Open-Space Land and Voluntary Conservation Easement Act". He stated this chapter indicates that the State Legislature has recognized the importance of protecting open space. He stated that this area is special and needs to be protected, at least until the critical lands study has been completed. Dr. Brian Rogers, 2910 Colter Avenue, stated his son is a pilot; and when flying over the valley at 1,000 feet, one can see the myriad of subdivisions which are springing up all over. He stated the subject 147-acre parcel is located in an area which needs special protection, suggesting that it could be the "Central Park for the whole Gallatin Valley". He reminded the Commission of the importance of protecting the environmentally sensitive areas, encouraging them to do so at this time. . Mr. Morris Jaffe, 1311 South Black Avenue, stated the subject area is a unique one that should not be developed. He noted there is a lot of wildlife in this area that needs to be protected. He also noted that his home is located downstream from the subject site; and it has a high water mark about "forehead high" in the basement which floodwater created in 1969. Mr. Garth Voight, 3318 Sundance Drive, noted that in past public hearings, each of the Commissioners has expressed concern about the sensitivity and unique qualities of the subject property. He suggested that the uniqueness of the Sourdough Creek corridor to Bozeman can be compared to the uniqueness of Yellowstone Park to Montana. He stressed the importance of preserving the qualities which exist, rather than compromising them by allowing growth to occur in this area. . Mr. Bob McKenzie, 17 Trails End, stated that historically, annexation has equalled development. He stated that if the Commission considers annexation of this parcel with the goal of preserving it as open space, then he feels that annexation is a wise choice. He stated, however, that if annexation is considered as a step toward development of the parcel, he does not support it. He raised the issue of liability, stating that the infrastructure is not available to 01-03-95 - 19 - support and protect this area if it is developed. He stated that the timing of this annexation is not appropriate, either. He noted that the critical lands appraisal has just been started; and it should be completed before any action on areas such as this are taken. He encouraged the Commission to consider this sensitive area, its beauty and uniqueness, when making decisions. He expressed concern that once a development proposal is approved, the decision cannot be . reversed; and a special area will be lost forever. He concluded by stating that annexation of this parcel is not in the best interests of the community as a whole, but is in the best interests of the developer only. Mrs. Carol Dietrich, 120 East Story Street, noted that in previous meetings on this subject, the Commissioners have recognized the benefit of some type of public ownership of this parcel, to ensure its protection. She noted that at this meeting, the residents in that immediate area have shown the Commission how that land can be acquired and encouraged the Commission to given them time to do so. Mr. Ron Craighead, 4140 South Third Avenue, stated he feels annexation and development of this property is inappropriate. He described this as a valuable wetlands resource for the community, both now and in the future. He noted that his home has a crawl . space approximately two feet below the surface and, in April, if it weren't for the sump pump, he would have at least six inches of water in there consistently. He noted that the elevation from his home to the subject property drops; and that could result in even greater impacts to development on that parcel. He stated that five springs converge on the subject 14 7 ~acre parcel; and the area around those springs should be protected. Mr. David Crawford, 25 Border Lane, stated he is in favor of preserving open space. He noted that after he graduated from MSU, he left here for a few years before returning. During that time, he missed many of the amenities and activities available in the area; and that included the views, wildflowers and special areas. He cautioned that development should be encouraged within the City's jurisdictional area, rather than allowed to sprawl out into the . foothills. He stated this will help to ensure that the resources which those in the community enjoy will be retained for future enjoyment as well. He expressed concern that there is no zoning in the County, and emphasized the fact that development within the city allows for use of infrastructure such as water, sewer and streets. 01-03-95 -. . ---.- -----...---. - 20 - Mayor Vincent asked Senior Planner Skelton what has changed since the original staff report was written and the original Commission action taken on the annexation request, that would support removal of Condition Nos. 4 and 5. Senior Planner Skelton responded that is one of the questions which the Commission . must answer. He then stated it is important that the Commission establish findings for its decision to deviate from the original conditions of approval. Commissioner Stueck cited the basis for the decision, which is "... whether it would be in the best interests of the inhabitants of the proposed area to be annexed and in the best interests of the City of Bozeman..." He noted that in this instance, there are no inhabitants on the 147 acres under consideration. Responding to questions from Commissioner Frost, the Senior Planner emphasized the importance of recognizing that this parcel can be developed without annexation. He stated that if that were to occur, the County Commission would be responsible for approving the subdivision; and the appropriate State agencies would be responsible for approval of septic systems and wells. If the applicant were to submit a planned unit development application, that would be subject to City Commission approval. . Commissioner Frost noted that in testimony received at previous meetings, the soils and water table on the subject site have been described as being similar to those in Gardner Park Subdivision. He then asked if there have been any reported problems with wells or septic systems within that subdivision; the Senior Planner responded he is not aware of any. Commissioner Stiff emphasized the importance of recognizing that the same number of units can be constructed on the subject site whether it is annexed or not. He noted that if it were annexed, that development would be done with City water and sewer services, thus minimizing the potential for degradation. Commissioner Frost noted that livestock are currently being allowed access to the streams, and asked about degradation from that source and whether it can be stopped. . Senior Planner Skelton responded that the degradation laws applied to degradation from development. He stated that agricultural uses are exempt from those degradation laws; therefore, the livestock can continue to have access to the streams. Responding to additional questions from Commissioner Frost, Planning Director Epple stated that if this parcel were divided into twenty-acre tracts, it would be subject to subdivision 01-03-95 _____ __.__..u._ .. .. -..-..-.------ - 21 - review. He suggested that at that time, it might be possible to require an easement along the stream corridors to protect those waterways from degradation. Mr. Bob Lee stated he feels that more careful study has been conducted on this subject 147 acres in conjunction with the various processes that have been completed to date . than will be accomplished through any type of critical lands survey for the entire community and jurisdictional area. Mr. Lee noted that the question about what is different now has arisen several times in several different forms. He reiterated his position that when the appropriate zoning designation for this property was originally considered, it was with the assumption that an urban zoning designation would be required in conjunction with annexation. He suggested that such a change may not be necessary, in light of existing R-S zoning designations within the city limits, and emphasized the importance of recognizing that R-S is, in fact, the most appropriate zoning designation available under the zone code for this subject property. Mr. Lee reminded the Commission that the master plan has designated this area for residential development for the past 22 years. He recognized that there are physical . constraints which do not allow development on a substantial portion of the property; however, he noted that through the use of City services, appropriate development could occur on the remainder of the site. He noted that the anticipated construction of a new fire sub-station on the south side of town will alleviate many of the concerns which have been expressed about emergency response time. He also noted that monitoring of the sewer lines in the area has revealed there may be one potential bottleneck in this area; and the applicant has indicated a willingness to participate in the costs of remediation. He then reminded the Commission that this request is for the removal of two of the conditions for annexation. City Manager Wysocki entered into the record a number of response forms which have been received today. City Attorney Luwe entered into the record a letter which was faxed into the Clerk . of Commission's office at 5:14 p.m., from Ms. Jenny Younger, 17 Hitching Post Road. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. Responding to Commissioner Frost, City Attorney Luwe stated he has not had an opportunity to review the provisions of Chapter 76-6-101, et seq., Montana Code Annotated. 01-03-95 ~ -- --- ... --- - . ,,--.---- - 22 - He stated there may be options other than City purchase of the land which ensure that the parcel remains in open space; however, he needs time to research the matter. He then noted that eminent domain is one option which is available to the Commission. Further responding to Commissioner Frost, the City Attorney stated he will need to research the issue to determine whether it gives the local government authority to hold land . indefinitely while monies are being raised to purchase it. Commissioner Youngman noted that environmental concerns about parts of the property have been expressed consistently throughout the process. She then asked if conditions could be added in response to the applicant's request for modification of the conditions of approval of the annexation, to ensure that those areas are protected. City Attorney Luwe cautioned that, while such conditions could have been added when the annexation was first considered, only the possible removal of Condition Nos. 4 and 5 may be considered at this time. Responding to Commissioner Stueck, the City Attorney stated it is possible to include conditions pertaining to protection of the sensitive areas during subdivision review. Commissioner Frost requested that action on this request be deferred to allow the City e Attorney an opportunity to review the statutes which have been entered into the record during this public hearing. Mayor Vincent requested that this item be placed on the January 17 agenda. Adjournment - 8:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. . ATTEST: C?J:- J~ ROBIN L. SULLIVAN Clerk of the Commission 01-03-95 --- -.-- - ---.....------ ------