Loading...
HomeMy WebLinkAbout2000-08-17 Minutes, City Commission, work - ...---.-- -- .. .--- .--.--.----------- MINUTES OF THE WORK SESSION OF THE CITY COMMISSION . BOZEMAN, MONTANA August 17, 2000 ***************************** The Commission of the City of Bozeman met in work session in the Commission Room, Municipal Building, on Thursday, August 17, 2000, at 7:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Staff Attorney Day-Moore and Clerk of the Commission Sullivan. The meeting was opened with the call to order. SiQninQ of Notice of Special Meetina Each Commissioner, in turn, signed the Notice of Special Meeting. Work Session - Continued discussion re master plannina of northwest Quadrant near North 27th Avenue . Present were Planning Director Andy Epple; Sandy Hamilton, Dan Madison and Marilyn Madison, owners of SANDAN; Mike Lilly, attorney for SANDAN; Rob Pertzborn, architect for SANDAN; Dave Crawford, consulting engineer for SANDAN; and Bob Lee, planner for SANDAN. Commissioner Kirchhoff stated there are some things that, from a City perspective, he wants to see happen at the Cattail Creek Subdivision; and he would be willing to "throw resources" at the project if the parties involved can reach an agreeable solution. He suggested a few design alterations, as well as an enhanced design review process for this project. He also proposed that covenants be developed or that the planned unit development (PUD) process be followed. He recognized that the annexation agreement for this property has not yet been signed; and the annexation process is the one in which the State has given municipalities the broadest authority. He concluded by voicing his interest in coming to agreement on a quality project for the community. Mayor Youngman stated that, in light of discussions since Monday's meeting, it appears a long master planning process can be avoided, with this project being able to move quickly, cleanly and simply through the City's processes if issues are adequately addressed in the annexation process. Commissioner Kirchhoff showed the applicants his suggestions for revisions to the preliminary plat that has been submitted for the Cattail Creek Subdivision, characterizing those suggestions as "matchbook sketchings". He stressed that he does not want to overhaul the entire development; rather, he wishes to enhance it. He suggested that the park be fronted by public rights- of~way, so that everyone who wishes to access the park must cross a street to do so. He noted that this will eliminate the feeling of being in someone else's back yard when using the park. He also . suggested steps be taken to ensure that all buildings front the street, with the structures being located as close to the street as possible and the parking and storage areas at the rear of the structures. He 08-17-2000 Special .-. - - --- .--.-----.. ---..-------------- -- -----.---- - 2 - recognized that these changes will require reconfiguration of some of the lots in Phase I; however, he . stressed that the result will be a nice neighborhood feeling. He stated that, in exchange for a neighborhood design and enhanced plan, the City may be willing to help with the infrastructure, such as the construction of North 27th Avenue. He recognized that this proposal results in some risk to the City; however, he noted that the new Commission was elected on the notion of managed growth, and this would be in accordance with the philosophy espoused. Mr. Dave Crawford stated he has watched video tapes, attended lectures, and looked at written materials on new urbanism; and he is interested in pursuing that type of development. He voiced interest in doing it in a manner that is cost effective and under a process that is relatively predictable. He noted, however, that since this project has been underway for 2 Y2 years and the application for preliminary plat has just been submitted, he does not want to start over. Ms. Sandy Hamilton stated that, from the owners' perspective, they want a nice, well developed, well planned, well built subdivision. Commissioner Kirchhoff stated that, through the various review processes, steps could be taken to ensure a quality development, even if the property is sold, through identifying the parking orientation and requiring boulevards and trees. Mr. Dan Madison noted that they have tried to submit a nice design and, now it is "suddenly being tweaked". He voiced his frustration that they have worked closely with the Planning staff during the past two years, and followed their guidance in developing a plan that they thought would be acceptable to the Commission. As a result, he suggested that the Commission should be involved at the beginning of the process. He noted that the creek is the focal point of the property, and he . strongly feels it needs to be a public place. Commissioner Smiley stated her support for having a park surrounded by public rights-of- way, particularly in light of the problems that the City encounters with encroachments into the park areas when residential lots abut them. Mayor Youngman suggested that narrower street designs may help the applicant gain some of the space lost by implementing Commissioner Kirchhoff's suggestions. Commissioner Kirchhoff stated he likes the idea of townhouses with essentially no front setback, looking across the street onto the park. He noted that, with alleys and shared parking areas, parked vehicles and the clutter associated with living are screened from the street, leaving only the best impressions with those traveling through. He characterized his vision as a "Main Street concept", with all buildings fronting on the streets; and suggested that North 27th Avenue be developed with a median and trees. He also noted that continuing the trail network through this development is important. Commissioner Frost suggested that narrower streets in the subdivision would encourage slower speeds. Planning Director Andy Epple cautioned that narrower streets would require a subdivision variance. He also cautioned that encroaching into the front yard setbacks would require a variance . or a deviation to the zone code; and it would be difficult to support a variance because it would not meet the hardship criteria. He then proposed that the PUD process be used to provide for relaxation of both subdivision and zoning standards without going through the variance or deviation process. 08-17-2000 Special - 3 - Mr. Mike Lilly reminded those present that the covenants for a development must be in compliance with the zoning requirements. He then voiced due process concerns if concepts for . subdivision and development are included under the annexation process. Planning Director Epple responded that including proposed subdivision and/or zoning issues in the annexation agreement would not preclude due process. Once again, he reiterated that, through a subdivision and zoning planned unit development, the issues that have been raised could be addressed, since the PUD process allows for relaxation of standards. Mr. Dave Crawford expressed concern that going through the PUD process will significantly increase the timeline. Mayor Youngman noted the PUD process has been streamlined and expressed a willingness to place this project on a fast track, as long as it meets specific criteria established by the Commission. She recognized the importance of rewarding a project that is consistent with what the community wants, and suggested this subdivision could serve as a model. Commissioner Kirchhoff suggested that the criteria could include being inside the service boundary, contiguous to city limits, close to a major facility (like the wastewater treatment plant) and in an area where the City wants to encourage development. He stated those criteria can be evenly applied to all properties where development is being proposed and, if they meet all criteria, they would be eligible for the same type of fast track review. Commissioner Brown stated he does not feel the applicant should be penalized for cooperating with the City and, as a result, wants to see this project slid into the schedule and . processed as Quickly as possible. Mr. Dan Madison stated he would like to begin construction yet this fall; and he would like to make it a demonstration project for other developments. Mr. Rob Pertzborn recognized that, in light of the discussion, it appears this project is "screaming for a PUD". He noted, however, the rules don't allow for some of the suggestions and asked if they need to wait for the planning process to catch up with them. Planning Director Epple suggested that the applicant's consultants convert the preliminary plat application into a subdivision and zoning PUD application, estimating it would take a month to develop the new application. He noted the only time lost in the process would be the time to complete the application, since the time to process it would be the same 50-day period as the current application. Mayor Youngman noted that, if necessary, the Commission can add another decision-making meeting to each month until the number of projects being processed decreases. Planning Director Andy Epple reviewed the process to date, reminding the Commissioners that they directed staff to bring back an annexation agreement, a resolution amending the master plan and an ordinance amending the zoning on this property. He noted that designing for new urbanism was not a condition of annexation. . Mr. Mike Lilly noted that the annexation agreement was negotiated months ago, even though it has not yet been submitted to the Commission for consideration. He then cautioned that, 08-17-2000 Special - 4 - according to State statutes, only the provision of services may be addressed in the annexation agreement. . Staff Attorney Patricia Day.Moore stated she has discussed this issue with City Attorney Luwe; and his position is that the Commission has broad authority to negotiate specific items in the annexation agreement. She noted that, until the agreement is approved by the Commission, there is no agreement; and the Commission does still have discretion, even if the annexation agreement does address all of the nine issues previously identified. Planning Director Epple suggested an option may be to bring back a preliminary plat for only Phase I and get it platted essentially as it is, with Phases II and III being subject to a PUD later. He noted that could be accomplished without slowing any processes at this time. Mr. Bob Lee stated that shared infrastructure sounds good, although he questioned whether there is time for the City to participate. He then encouraged the Commission to not underestimate the importance of an accelerated or streamlined review process. He suggested that, through development guidelines and identifying building footprints or envelopes, it may be possible to assure the outcome of the project. He noted that the PU D process has a "huge check-off list"; and responding to all of the questions can be a lengthy and tedious process. He voiced concern about the due process concept and the parity of the City trying to drive development through participation in infrastructure. City Manager Johnson suggested that policies for considering development proposals might include parks surrounded on four sides by public streets; City maintenance of parks larger than a specific size, like four or five acres; and whether a project is logical growth, with development and . infrastructure contiguous to the subject site. He noted that, to promote orderly growth, the City may be willing to build the main infrastructure for roads, water and sewer; and the policies could strongly discourage leapfrog development as well as encourage the type of orderly development that the Commission identifies as desirable. He cautioned that taking this step will change the City's capital improvements program, turning it into a mechanism that directs growth rather than a program that meets staff-identified needs. He then noted that, under the preliminary plat shown on the wall, Deadman's Gulch does not extend westward through the project; however, it was identified on the draft transportation plan as a collector street. Commissioner Frost stated that, when considering transportation issues, both streets and trails should be included. Mayor Youngman noted that steps have been taken to improve the PUD process. She recognized the Commission will be "winging it a little" when considering this project; however, she noted that this discussion has been consistent with what the Commission has previously discussed. Mr. Bob Lee recognized that, to create the desired type of development, the application must go through the planned unit development process and asked if it could be reasonably fast tracked without bumping competing applications. Planning Director Epple responded that he just assigned twelve projects today and, at the present time, he is short staffed. . City. Manager Johnson encouraged the Commission to remember the concept for development of the entire area, not just this one small parcel; and recognized that this proposal is 08-17-2000 Special ------ - 5 - consistent with that concept. He stressed that compliance with the concept is what will allow public . monies to be invested in infrastructure needs. Mr. Mike Lilly suggested that Commissioners Kirchhoff and Frost list the items they wish to see addressed in the annexation and development of the subject property, and that Planning Director Epple review that list to see if other items need to be added and whether those items on the list can be met. During a discussion of the processes remaining, Mayor Youngman stressed the importance of ensuring that the basic concepts for developing of the site be included in the annexation agreement so that everyone knows up front what is expected. Staff Attorney Patricia Day-Moore stated that drafting of the new provision for the annexation agreement will not take long, once the Commission identifies what it wants included. Responding to Mr. Crawford, Commissioner Kirchhoff suggested that the Commission should have the additional language for the annexation agreement and the basic policies ready for consideration within two weeks. Mr. Madison stated he wants to work with the City to make this project a good one that is in compliance with its policies. He noted, however, he had wanted to start construction this fall; and still wishes to do so if possible. Mr. Rob Pertzborn encouraged those present at this meeting to take the next 24 hours to digest the discussion, particularly since much of the work has been "on the fly". . Mayor Youngman concluded the discussion by noting that the Commissioners have been trying to identify what they are looking for in a development plan, so the applicant can make slight adaptations to the plan that will make it more acceptable. Adjournment - 8:45 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Brown, Commissioner Kirchhoff, Commissioner Smiley and Mayor Youngman; those voting No, none. MA)!;~G~~ ATTEST: . ~u~~ Clerk of the Commission 08-17-2000 Special