HomeMy WebLinkAboutRequest for the City Commission to reclaim review of app. Z-11139, Digital Skylines Siteplan on Bridger Drive.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Planning Director
Tim McHarg, Planning Director
SUBJECT: Request for the City Commission to reclaim review of application Z-11139
Digital Skylines site plan with a certificate of appropriateness at 705 Bridger Drive.
MEETING DATE: July 11, 2011
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: Consider the request to reclaim the application and if a majority of the
Commission so desire act to reclaim the review of the application and schedule the matter.
RECOMMENDED MOTION: “Having heard and considered public testimony, the materials
presented in the packet, and finding that the application is of significant impact to the community
and the full evaluation of all relevant factors is best reviewed by the City Commission I move
that the City Commission reclaim review of application Z-11139 and further move to schedule
the date for consideration of the application on August 15, 2011.”
BACKGROUND: The City Commission has the authority under Section 18.64.010 to review
all land use proposals within the bounds of the City. They have delegated this authority to the
Planning Director for certain kinds of projects while reserving the right to reclaim review.
“A. The City Commission has the right to review and require revisions to all
development proposals subject to this title, and delegates that authority in certain
circumstances as set forth below to the Planning Director...”
“B.1. Exception. The City Commission may, by an affirmative, simple majority,
vote of its members at a regularly scheduled meeting reclaim to itself the final approval
of a development normally subject to the approval of the Planning Director. The vote
shall occur prior to the action of the Planning Director.”
The City received an application on May 24, 2011 to allow construction of a large scale
wireless facility at 705 Bridger Drive. The site is located within the M-1, Light Industrial,
zone and approval of large scale wireless facilities in this zone is under the authority of the
Planning Director subject to the exception cited above. The application moved through the
review process and public notice was provided. On June 24, 2011 a letter was received by
the City requesting the City Commission to reclaim the review of the project. A letter has
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been received from the applicant indicating that they have no objection to the Commission
reclaiming the application.
In order to reclaim the project, the City Commission must act prior to the Planning Director
taking an action to approve or deny the project. The Planning Director has a fixed period of
time in which to act on the application which period will expire at 5 pm on July 12th. Should
the Planning Director act on the application before then the action of the Director is subject
to the appeal provisions of Chapter 18.66 of the municipal code. Appeals from actions of the
Director go to the City Commission.
Should the Commission wish to reclaim the project for review they will need to so indicate by
majority vote on July 11th. At the same time, the Commission must set a time to consider the
application. The applicant has requested that should the Commission choose to reclaim that they
set a date after August 1st for consideration of the application. It is recommended to schedule the
item for August 15th to accommodate existing agenda loads.
There are no specific criteria established in ordinance for the Commission to consider in the
decision to reclaim. Should the Commission choose to reclaim the application a full packet of
review materials will be provided prior to the date of the meeting per standard procedures.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1) Decline to reclaim the application and allow the Planning Director to
make his decision subject to possible appeal.
2) Reclaim the application and schedule a date for consideration.
FISCAL EFFECTS: This ordinance does not have a direct expense to the City, the standard fee
was paid with the application.
Attachments: Request for the City Commission to reclaim review, correspondence from
Digital Skylines.
Report compiled on: June 29, 2011
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Digital Skylines Inc.
11340 N. 105th Place www.DigitalSkylines.com Phone: 602-717-7600
Scottsdale, Arizona 85259 Fax: 480-425-9326
June 27, 2011
Mr. Chris Saunders
City of Bozeman
csaunders@bozeman.net
RE: Verizon Wireless Proposed Site MT8 Bridger View
Dear Chris,
Attached is the letter from the Verizon Wireless RF engineer that is responsible for the state of
Montana. I think it details the surrounding sites as the ordinance contemplates. After talking to
the engineer again, the issue is still providing additional capacity in the northeast portion of
Bozeman while improving coverage up Bridger Canyon. Unfortunately, none of the alternative
sites reviewed see up Bridger Canyon due to the hill just east of Story Mill.
Verizon Wireless does not object to the decision being moved from the Planning Director to City
Commission. The City’s ordinance asks for large scale wireless to be placed in Industrial zones,
which is where Verizon Wireless is proposing the tower. We would prefer for any City
Commission hearing to be after August 1.
Thank you for your assistance through this process.
Sincerely,
Kevin T. Howell
Kevin T. Howell
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