HomeMy WebLinkAboutNE (depot Front St) Pocket Park4-
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the
application for special license for an exotic pet, as submitted by Jeff Riggs, 202 Pioneer Drive, for one
pot bellied pig, be approved for Calendar Year 2002. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner
Brown, Commissioner Frost and Mayor Youngman; those voting No, none.
Decision - Conditional Use Permit - Bridger Headlands Group, L.L.C. - amend conditions for approval
of Headlands Planned Unit Development to eliminate requirement to install a pedestrian trail along the
south side of the proposed subdivision street identified as Headlands Drive (Tract A, COS No. 2220)
alonQ south side of Bridger Drive, approximately one-Quarter mile east of its intersection with Story
Mill Road) (Z-01104)
This was the time and place set for the decision on the Conditional Use Permit requested by
Bridger Headlands Group, L.L.C., under Application No. Z-01104A, to amend the conditions for
approval of the Headlands Planned Unit Development to eliminate the requirement to install a
pedestrian trail along the south side of the proposed subdivision street identified as Headlands Drive,
as set forth in Condition No. 4. The subject property is described as Tract A, Certificate of Survey
No. 2220, and is located along the south side of Bridger Drive, approximately one-quarter mile east
of its intersection with Story Mill Road.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the
Conditional Use Permit requested by Bridger Headlands Group, L.L.C., under Application No.
Z-01104A, to amend the conditions for approval of the Headlands Planned Unit Development, be
approved by eliminating Condition No. 4. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Brown, Commissioner Frost and Commissioner Smiley; those voting
No being Commissioner Kirchhoff and Mayor Youngman.
Presentation from Northeast Neighborhood Alliance (NENA) re proposed pocket park alon,q Front
Street right-of-way east of North Wallace Avenue and possible fundinq options
Included in the Commissioners' packets was a letter from Streamlink Hydrology, dated
November 6, suggesting an underground spring may be located in this area. Also included in the
packet was a copy of the application form for Recreational Trails Program monies through the
Department of Fish, Wildlife and Parks, for what has been identified as the Old Depot Park/Trail
Corridor.
Ms. Jeanie Wesley-Wiese, 707 North Wallace Avenue, introduced the project, noting she came
up with the idea as she was out walking through the neighborhood, remembering the parklike setting
in which the old depot used to sit. She expressed shame at the current condition of the area and the
dumping that has occurred there recently, and stated it should be restored to its former condition.
She noted the consultant who prepared the transportation plan update has indicated Front Street
should not be constructed through this neighborhood; and she suggested that converting that street
right-of-way between North Wallace Avenue and East Tamarack Street to a park would be an asset
for both the industrial uses and the residents of the northeast sector.
Ms. Chandler Dayton, 716 East Peach Street, noted that the application for grant monies
through the Department of Fish, Wildlife and Parks was prepared quickly, since she found out on
September 21 that the monies were available and the initial deadline was September 28. She noted
that the supporting information for the application was due on November 28 and, while not all of the
information was submitted by the due date, representatives from the Department of Fish, Wildlife and
Parks have held the application since they feel this is a good project. She stated that several other
grant applications have been submitted by various groups from Bozeman; and the Department has
indicated it has a substantial amount of money with which to fund projects this year.
Ms. Dayton noted that the Director of Public Service has indicated she feels the street right-of-
way should remain open for future local street development. As a result, the Director did not support
construction of the proposed pond, but did support a standard trail.
12-17-2001
5-
Ms. Dayton reviewed the application submitted, noting it provides for turning the springfed
mudhole at the west end of the street into a shallow pond, constructing a trail along the right-of-way,
planting trees, installing bollards on both ends that preclude vehicles accessing the site, fencing alongtherailroadright-of-way, cultural and historic signage, parking area on the east end, and a bench.
She noted that this area has historic and cultural significance, and if the original rail depot is reopened
for passenger service, it would provide an attractive site. She indicated the application also requires
that alternatives be provided, and those alternatives provide for varying reductions in amenities, with
Alternative No. 3 being "do nothing".
Ms. Dayton stated the Bozeman 2020 Plan has identified Front Street as a trail system since
it is not likely to develop as a street. She noted that the northeast sector has historically been a
working class and mixed use area that lacks trails, sidewalks, landscaping and boulevard trees; and
this enhancement would be a source of neighborhood pride.
Responding to Commissioner Frost, Ms. Dayton stated that the Army Corps of Engineers has
control over wetlands areas. She cautioned, however, that they are not always aware of work
occurring in those areas unless notified by someone.
Ms. Kietra Nelson, 307 North Wallace Avenue, noted her business is located at 605 North
Wallace Avenue. She voiced support for the pocket park, noting it will enhance the area and help
balance residential and industrial uses. She further stressed that the group is not asking for financial
assistance from the City, and many people have indicated a willingness to work on it. She concluded
by reading a letter of support from Corinne Gaffner, who also has a business at 605 North Wallace
Avenue, into the record.
Ms. Megan Costello, 424 North Wallace Avenue, spoke in support of the pocket park, as did
Ms. Janie Osborne, 514 North Wallace Avenue.
Mr. Chris Nixon, 719 North Wallace Avenue, stated support for the proposed park. He noted
there are a number of areas around the community where City rights-of-way are being used in a
manner similar to what is proposed here. He stated that, until a street is constructed, it helps to
enhance pedestrian movement through the community.
Mr. Jon Gerster, 719 North Wallace Avenue, noted this portion of the community has enough
roads; however, it's important to protect and enhance the remaining wetlands. He suggested that
the City make a time commitment for these proposed enhancements, noting that a 25-year
commitment would give this portion of the community a nice green amenity for a certain length of
time.
Mr. Jay O'Neil, Treasure State Oil, 622 East Tamarack Street, stated he currently leases the
old railroad depot. He asked what the railroad's attitude is toward the proposed park, and how those
property owners adjacent to the right-of-way are reacting. He noted that many private sites in the
northeast sector have been voluntarily cleaned up and enhanced, and he applauds this group's efforts
to further enhance the area. He cautioned, however, that the City is planning to install a water line
along the subject portion of street right-of-way next summer. He also suggested that the railroad and
business owners be included in plans for development of this right-of-way, to ensure that their needs
are being addressed.
Mr. Bill Ogle, owner of Kenyon-Noble, encouraged the Commission to consider the multitude
of existing and proposed uses in this part of town, cautioning that some changes in the near future
could affect the effectiveness of a park in this location. He noted the issue of how the northeast
sector of the community is accessed has not yet reached full discussion by all parties involved,
particularly the businesses in this area. He concluded by stating he does not support a park on this
particular piece of right-of-way, and suggested that future discussions with NENA include the entire
neighborhood, not just the residential portion, to determine the best location for a small park and
possibly a connecting trail system.
Responding to Commissioner Kirchhoff, Mr. Ogle stated one of the key issues is access to the
property along the north side of the Montana Rail Link right-of-way. He also noted that there is a
12-17-2001
6-
significant amount of industrial development on the south side of the railroad tracks that needs
access. He stated that one of the outstanding issues is the possible extension of Cedar Street to
provide access for industrial uses. He stressed the importance of the industrial and residential
neighbors working together, noting it would be bad if the business owners, who have over 500
employees, were to band together in opposition to the residents.
Mr. Paul Wiese, 707 North Wallace Avenue, encouraged the Commission to look at the
traditional mix of residential and business uses in the northeast sector. He noted, however, that the
neighborhood has been impacted by over-industrialization over the past ten years. He cautioned that
the impacts of industrial uses on residential uses is significant and if this area becomes an industrial
ghetto, no one will want to live there; and that will simply increase problems for the City.
Director of Public Service Debbie Arkell noted that her concerns include taking a street right-of-
way out of the system without really looking at all possible impacts. She noted that, while Front
Street may no longer be part of the main arterial street system in the transportation plan, it could still
be developed as a local street. She then confirmed that the City plans to put a water main in the
Front Street right-of-way and, as a compromise, she has offered to put in gravel for a trail at the same
time. She cautioned that big trees cannot be planted on the main, but indicated support for planting
of trees in the standard boulevard location. She concluded by stating she is not supportive of a
wetland in the middle of a street right-of-way.
Responding to Mayor Youngman, the Director stated that, during design of the water main
installation, the "mud bog" area will be studied to determine its character.
Responding to Commissioner Kirchhoff, the Director stated that Morrison-Maierle was hired
in 1993 to research the Front Street right-of-way issue, since acquisition of right-of-way for the street
was part of the transportation general obligation bond issue. She posted the drawing done at that
time, which depicts the identified right-of-way and shows the jog in street alignment, indicating that
buildings do encroach into the right-of-way at various locations. She concluded by cautioning that
one of the unresolved issues is whether the City actually has the 50-foot-wide right-of-way for Front
Street immediately east of North Wallace Avenue, since the railroad right-of-way historically goes 200
feet beyond the actual track.
Responding to Commissioner Frost, the Director stated that staff does not know the origin of
the water in the right-of-way at this time. She noted, however, that a drainage ditch used to run
through the general area and once development occurred along the west side of North Wallace
Avenue, the right-of-way started filling with water.
Responding to Commissioner Brown, Director Arkell stated that she welcomes a trail, trees
planted in the standard location, bollards, benches and grass; but she does not support a fully
developed wetland or any deep rooted trees over the water main.
Commissioner Smiley noted her concurrence with Director Arkell's position that the City needs
additional time to address questions regarding possible future use of the street right-of-way. She
suggested that the residents and business owners work with the Recreation and Parks Advisory Board
to develop a master plan for the area. She concluded by noting that if passenger rail service is
reinstated, the result will be additional traffic in the neighborhood.
Commissioner Frost stated that the community is continually losing wetlands. He suggested
that the mud bog seems a viable location for a wetland area, either natural or created; and he does
not see much future for the extension of Front Street. He concluded by stating that the proposed
park would be a bright spot in this area and would not cost the City anything.
Commissioner Brown stated he likes the proposal and would like to support it; however there
are many unanswered questions.
Responding to Mayor Youngman, Director of Public Service Arkell indicated the water main
is projected for next summer, but its installation is dependent on the design, construction costs and
weather.
12-17-2001
7-
Further responding to the Mayor, Mr. Wiese stated that next summer is the target date in their
proposal; however, the Department of Fish, Wildlife and Parks has indicated a willingness to work
with them on possible changes to the schedule.
Mr. Rick Ogle, Kenyon Noble, stated he has seen the mud bog in the street right-of-way dry
and, as a result, he questions if the source is a spring.
Mayor Youngman voiced her support for this application, suggesting that the timetable be
amended to coordinate development of the park with installation of the water main. She suggested
that the various uses are not mutually exclusive except for construction of a street.
Commissioner Brown noted he has a probe with a short auger and tube for taking soil samples
and indicated a willingness to loan it so anyone wanting to see if the wet area is a wetland. He then
indicated that he is uneasy about the unknowns but will vote to support this application.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission
authorize and direct the Mayor to submit a letter of support for the pocket park proposal, with the
following conditions: (1) that the timeline in the application be changed, if necessary, to coincide with
installation of the water main; and (2) that the type and location of vegetation and other features be
reviewed and approved by the Director of Public Service prior to installation. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost,
Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none.
In response to Mayor Youngman, the Commissioners unanimously concurred that a
neighborhood plan should be developed, with business owners, residents and relevant City boards
being involved in the process.
Break - 7:55 to 8:05 p.m.
Mayor Youngman declared a
Commission policy.
break from 7:55 p.m.to 8:05 p.m., in accordance with
Submittal of conceptual site plan for North Meadows Park
Included in the Commissioners' packets was a memo from Superintendent of Facilities and
Lands James Goehrung, dated December 10, attached to which were the rough cost estimate for
development of the park and a conceptual plan of the park, which is located at the northwest corner
of the intersection of West Villard Street and Michael Grove Avenue.
Superintendent of Facilities and Lands Goehrung posted a color rendering of the conceptual
site plan for North Meadows Park. He reminded the Commissioners that when North Meadows
Subdivision was platted in 1997, the developer dedicated approximately one-half of the required
parkland and paid cash-in-lieu for the remainder. He noted that the cash-in-lieu payment was slightly
over $8,000, and the estimated cost of developing the park as shown on the plan is over $91,000.
He stated the adjacent developer has offered to provide some berming and, in light of drainage issues
from adjacent properties, it has been requested the berming be relocated from the north boundary to
the west boundary. He concluded by cautioning that there are no park development monies available
this year and this park has not been included in the capital improvement program.
Responding to questions from the Commission, the Superintendent stated that the
condominiums to the north are under construction, and another condominium project is located across
the street, to the south and west of the subject property.
Superintendent Goehrung stated this item has been included on the agenda to receive direction
from the Commission. He cautioned that the monies paid by the developer would cover the costs of
drilling a well for irrigation, but would not cover the costs of installing an irrigation system or planting
12-17-2001