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HomeMy WebLinkAboutKnolls Report compiled on October 29, 2008 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Epple, Planning Director Chris Kukulski, City Manager SUBJECT: The Knolls East and Highland South Major Subdivision Preliminary Plat - #P-07037 MEETING DATE: Monday, November 3, 2008, at 6:00 pm RECOMMENDATION: 1) Staff recommends that the City Commission re-open the public hearing for this project. 2) Staff then recommends that the City Commission take public comment and consider the new information presented by the applicant in response to the amendments considered by the City Commission at the November 5, 2007 meeting. 3) Staff then recommends that the City Commission act upon the previous tabled motion “to approve the application with conditions listed on pages 2-8 of the Planning Board Resolution and that we restore the original condition number 5 as it was brought forward to the Planning Board before any changes were made to it at the Planning Board.” (Staff recommends that the Commission act to eliminate this motion). 4) Staff would then recommend that the City Commission conditionally approve this application with the conditions as presented in Planning Board Resolution #P-07037, as determined to be amended by the City Commission. BACKGROUND: At the request of Potter Clinton Development, representing Bozeman Deaconess Health Services, the City Commission placed the Knolls East and Highland South Major Subdivision Preliminary Plat back on the City Commission public hearing agenda for consideration and action at the November 3, 2008 meeting. This item was originally tabled by the City Commission, at the request of the applicant, at the November 5, 2007 public hearing. The applicant requested this action in order to have time to fully analyze the motion (amendments) being considered by the Commission at that time. The Bozeman Municipal Code (BMC) requires that this item be acted upon within one year of the date it was tabled. This Major Subdivision Preliminary Plat application proposes to subdivide 214.16 acres into 337 single-household residential lots, 1 multi-household residential lot, 1 mixed use/commercial lot, 44 attached single household and 8 affordable housing lots and the remaining area as parks, open spaces, streets and alleys. The subject property is annexed with preliminary zoning designations of R-1 (Residential Single-Household, Low Density District), R-2 (Residential Two-Household, Medium Density District), B-1 (Neighborhood Business District) and B-2 (Community Business Report compiled on October 29, 2008 District) and is located north of Kagy Boulevard between Highland Boulevard and Bozeman Trail Road. In an attempt to provide some clarity and a framework of discussion on the conditions that were being considered by the Commission back on November 5, 2007, staff has attached a marked up copy of Planning Board Resolution #P-07037 which shows the original recommended conditions of approval and the amended or additional conditions that the Commission was considering (shown in red). Hopefully this will provide a useful framework for considering the applicant’s new information in response to these conditions. Also attached is a copy of the November 5, 2007 minutes for reference. As noted in the November 5, 2007 minutes, there were two specific variance requests made as part of the original application which the Commission acted upon prior to the main motion on the subdivision approval being laid on the table. One was to construct asphalt shared use paths along Painted Hills Road, Kagy Boulevard and Highland Boulevard in place of City standard concrete sidewalks. This variance request was denied by the Commission on a 3-2 vote. The second variance was to allow the development of the subject subdivision without level of service mitigation measures at the intersection of Haggerty Lane and East Main Street. This variance request was approved on a 3-2 vote. Therefore, the two variances are not part of the re-opening and action on the main motion. UNRESOLVED ISSUES: The primary unresolved issues with this application, and the basis for the applicant’s request for the initial tabling of this item, was for the applicant to have time to provide a response to the eight (8) specific conditions or amendments being considered by the City Commission. The applicant has presented their response as noted in their October 6, 2008 correspondence. Again, this information can be evaluated against the marked up copy of the Planning Board Resolution which shows the conditions or amendments being considered by the Commission in red. Specifically regarding the 1st amended motion/condition being considered regarding the Bridger Ski Foundation (BSF) facility, (identified on the Planning Board Resolution as Condition 52), while the applicant would not like this action specifically included as a formal condition of approval, staff would recommend that the Commission consider the condition to perhaps not specifically reference this lot being deeded to a specific entity (i.e. BSF). This condition, (condition 52), may be more appropriately worded to state that “the Final Plat shall specify that the 0.86 acre lot located adjacent to the Highland Green Park shall be reserved for the primary use of a community sponsored, non-profit organization or organizations that provide outdoor recreational opportunities for residents of the Gallatin Valley in the spirit of the representations made by the applicant as part of this application. The final design and use of this lot and facility will be further reviewed and approved by the City Parks and Recreation Advisory Board and the City Commission as part of the Final Park Plan for the Highland Green Park”. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues, along with increased costs to deliver municipal services to the property, when the property is developed. ALTERNATIVES: As suggested by the City Commission. Report compiled on October 29, 2008 CONTACT: Please feel free to email Doug Riley at driley@bozeman.net if you have any questions prior to the public hearing. Respectfully submitted, _________________________________ _________________________________ Andrew Epple, Planning Director Chris Kukulski, City Manager Attachments: Planning Board Resolution #P-07037 (as marked up showing Commission considered amendments from November 5, 2007 meeting). Excerpt/Copy of November 5, 2007 City Commission Minutes Applicant’s October 6, 2008 request/materials Copy of Plan/Map Correspondence LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN MONTANA November 5 2007 The Commission of the City of Bozeman met in the Community Room Gallatin County Courthouse 311 West Main Street on Monday November 5 2007 at 6 00 pm Present were Mayor Jeff Krauss Cr Sean Becker Cr Jeff Rupp Cr Steve Kirchhoff Cr Kaaren Jacobson City Manager Chris Kukulski Planning Director Andy Epple Assistant City Attorney Tim Cooper and City Clerk Stacy Ulmen 0 05 57 A Call to Order 6 00 pm Community Room Gallatin County Courthouse 311 West Main Street Mayor Krauss called the meeting to order at 6 03 pm 0 06 01 B Pledge of Allegiance and a Moment of Silence 0 07 08 C Public Service Announcement Mail Ballots Get out the Vote Clerk and Recorder Charlotte Mills gave a Public Service Announcement regarding the mail ballot return for the public service mill levies 0 09 34 D Minutes September 24 2007 0 09 38 Motion and Vote to approve the Minutes of September 24 2007 It wasmoved bv Cr Becker seconded bv Cr Rupp to approve the minutes of September 24 2007 Those votinAve beinCrs Becker Rupp Kirchhoff Jacobson and Mavor Krauss Those votinNo beinnonc The motion carried 5 0 0 09 52 E Consent I Authorize payment ofclaims LaMeres 2 Finally adopt Ordinance No 1723 Louis Zone Map Amendment Z 07073 Riley 3 Finally adopt Ordinance No 1724 MSU Foundation Zone Map Amendment Z 07157 Riley 4 Finally adopt Ordinance No 1725 Schroeder Zone Map Amendment Z 07107 Knight 5 Approve Park Master Plan for Diamond Estates Subdivision No 2 Phases 3 4 P 05071 Skelton Linked Minules of The Bozeman City Commission Meeting November 5 207 6 Authorize City Manager to sign a Sewer and Water Easement and a Public Access Easement with Vlaanderen Condominiums L F M S T LLC Stodola 7 Approve Resolution No 4080 Construction Contract Change Order No 4 Valley Center RoadNorth 19th Avenue Special Improvement District Project Stodola 8 Authorize the City 9 Manager to sign the Durston Road Special Improvement District 684 Professional Services Agreement Amendment No 5 Stodola 10 Authorize City Manager to sign the CFT Office Building Public Street and Utility Easement Stodola 11 Approve The Knolls at Hillcrest Subdivision Final Plat Cooper 12 Authorize City Manager to sign Contract Amendment 1 with Tindale Oliver Associates Street Impact Fee Study Update Saunders 0 09 57 Public Comment Mayor Krauss opened public comment No person commented Mayor Krauss closed public comment 0 10 11 Motion and Vote to approve Consent Items E 1 12 It was moved bv Cr Rupp seconded bv Cr Kirchhoff to approve Consent items E 1 12 Those votinS Ave beinS Crs Rupp Kirchhoff Jacobson Becker and Mavor Krauss Those votinS No beinS none The Motion carried 5 0 0 10 28 F Public Comment Mayor Krauss opened public comment 0 11 09Paul Bockus Public Comment Mr Bockus of202 North Broadway spoke regarding the vacation ofthe end ofEast Lamme Street 0 15 02 Jessica Roberts Public Comment Ms Roberts ofALTA commented on the West Babcock Elementary School site 0 18 55 Joe Gilpin Public Comment Joe Gilpin of 116 North 10th spoke regarding the West Babcock Elementary School site 0 23 46 Public Comment closed Mayor Krauss closed public comment 2 Linked Minutes rfThe Bozeman City Commission Meeting ovemher 5 2007 0 23 50 G Mayoral Proclamation National American Indian Heritage Month Mayor Krauss proclaimed November as American Indian Heritage Month 0 25 16 H Action Items 0 25 181 The Knolls East and Highland South Major Subdivision Preliminary Plat P 07037 Riley 0 26 05 Doug Riley Associate Planner Mr Riley gave a Power Point presentation regarding the preliminary plat application for The Knolls East and Highland South Major Subdivision Preliminary Plat P 07037 0 58 32 Jason Leep Representative of Bozeman Deaconess Health Services Mr Leep gave the applicant presentation regarding the preliminary plat application for The Knolls East and Highland South Major Subdivision Preliminary Plat P 07037 1 35 27 Public Comment Mayor Krauss opened public comment 1 35 52 Neil Westesen Public Comment Mr Westesen Chairman ofthe Nordic Committee for the Bridger Ski Foundation spoke regarding the possible location ofthe operations building for the Bridger Ski Foundation 1 39 38 Ted Lanee Public Comment Mr Lange representative ofthe Gallatin Valley Land Trust spoke regarding his support of a facility for the Bridger Ski Foundation 1 44 12 Lucien Hand Public Comment Mr Hand 0 718 North Tracy spoke regarding his support ofthe development Bicycle routes are his main focus 1 46 27 Public Comment closed Mayor Krauss closed public comment 2 35 25 Motion to approve the variance request for asphalt instead of concrete sidewalks in the areas designated in the application It wasmoved bv Cr Kirchhoff seconded bv Cr Jacobson to approve the variance request for asphalt instead ofconcrete sidewalks in the areas desienated in the application 3 Linked Minutes of7he Bozeman Ci v Commission Meeting November 5 lOW 2 3541 Discussion 2 36 41 Vote on the motion to approve the variance request for asphalt instead of concrete sidewalks in the areas designated in the application Those votine Aye beine Crs Jacobson and Becker Those votine No beine Crs Kirchhoff Rupp and Mayor Krauss The motion failed 3 2 2 40 36 Motion to approve the variance request regarding mitigation requirements being lifted from this application for the intersection of Haggerty and Main It was moved by Cr Kirchhoff seconded by Cr Jacobson to approve the variance request reeardine mitieation requirements beine lifted from this application for the intersection of Hae2ertv and Main 2 40 54 Discussion 2 42 52 Vote on the motion to approve the variance request regarding mitigation requirements being lifted from this application for the intersection of Haggerty and Main Those votine Aye beine Crs Jacobson Becker and Mayor Krauss Those votine No beine Crs Kirchhoff and Rupp The motion carried 3 2 2 43 58 Main Motion to approve the application with conditions listed on pages 2 8 of the Planning Board Resolution and that we restore the original condition number 5 as it was brought forward to the Planning Board before any changes were made to it at the Planning Board It wasmoved bv Cr Kirchhoff seconded by Cr Jacobson to approve the application with conditions listed on pa2es 2 8 of the Plannin2 Board Resolution and that we restore the ori2inal condition number 5 as it was broue ht forward to the Plannine Board before any chan2es weremade to it at the Plannin2 Board 244 48 Amendment to the Main Motion to include language that Bridger Ski Foundation Bozeman Deaconess Hospital Parks and Recreation together with Planning Staff work out a lease or other agreement among them for location of a warming hut type facility and perhaps equipment shelter and restrooms added after stated for multiple users 4 Unked Minutes of7he Bozeman Ci v Commission Meeting November 5 2 7 It was moved bv Cr Kirchhoff seconded bv Cr Jacobson to amend the main motion to include lan uac that BriderSki Foundation Bozeman Deaconess Hospital Parks and Recreation toether with PlanninStaffwork out a lease or other aereement amonthem for location of a warminhuttype facility and perhaps eauipment shelter and restrooms added after stated for multiple users 2 46 28 Discussion 2 48 17 Cr Kirchhoff Cr Kirchhoff asked that his motion include this facility should provide ample space for meeting rooms for multiple user groups including BSF 2 51 01 Mr Leep Mr Leep asked that the Commission table this issue to a further time 2 56 14 Votc to Approve the Amendment to the Main Motion to include language that Bridger Ski Foundation Bozeman Deaconess Hospital Parks and Recreation together with Planning Staff work out a lease or other agreement among them for location of a warming hut type facility and perhaps equipment shelter and restrooms added after stated for multiple users and this facility should provide ample space for meeting rooms for multiple user groups including BSF added after original motion wasstated Those votinAve beinCrs Kirchhoff Jacobson Becker RUPD and Mavor Krauss Those votinNo beinnone The motion carried 5 0 2 57 11 Amendment to the Main Motion that the applicant works with the Planning Staff to designate an overflow parking area for the Highland Green Park perhaps on the south side of Painted Hills Road or another suitable location It was moved bv Cr Kirchhoff seconded bv Cr Jacobson to approve an amendment that the applicant workinwiththe PlanninStaffto desinate an overflow parkinareafor the Hihland Green Park perhapS on the south side ofPainted Hills Road or another suitable location 2 57 33 Vote to Approve the Amendment to the Main Motion that the applicant working with Planning Staff designate an overflow parking area for the Highland Green Park perhaps on the south side of Painted Hills Road or another suitable location Those votinAve beinCrs Kirchhoff Jacobson Becker RUDP and Mavor Krauss 5 Linked Minutes of7he Bozeman City Commission Meetins November 5 2007 Those votine No beine none The motion carried 5 0 2 57 46 Amendment to the Main Motion addressing the issue of double fronting lots that are depicted on The Knolls Highland South Master Plan that these double fronted lots be replaced with lots that provide for frontage on the arterial of Kagy and that the language to impose this condition be lifted and altered suitably from the Aspen Park Subdivision that was approved recently It was moved bv Cr Kirchhoff seconded bv Cr Jacobson to approve an amendment to the main motion addressine the issue ofdouble frontine lots that are depicted on The Knolls Hiehland South Master Plan that these double fronted lots be replaced with lots that provide for frontae e on the arterial of Kaev and that the lane uaee to impose this condition be lifted then altered suitablv from the Aspen Park Subdivision that was approved recentlv 2 58 38 Mr Epple Mr Epple stated that he does not think that there is a condition for Aspen Park relating to double fronted lots but that it is his understanding that Cr Kirchhoff would like the lots to be revised like Aspen Park s double fronted lots that are shown in the revised plan 2 59 00 Discussion 2 59 03 Vote to Approve the Amendment to the Main Motion addressing the issue of double fronting lots that are depicted on The Knolls Highland South Master Plan that these double fronted lots be replaced with lots that provide for frontage on the arterial of Kagy and that the language to impose this condition be lifted and altered suitably from the Aspen Park Subdivision that was approved recently Those votine Ave beine Crs Kirchhoff Jacobson Becker and Rupp Those votine No beine Mavor Krauss The motion carried 4 1 2 59 19 Amendment to the Main Motion that the applicant be required to have a dust mitigation plan developed It was moved bv Cr Rupp seconded bv Cr Kirchhoff to approve the amendment to the main motion that the applicant be reauired to have a dust mitieation plan developed 2 59 32 Discussion 6 I inked Minutes o 7he Bozeman Otv Commission Meeting Novemher 5 2007 2 59 34 Vote to Anprove the Amendment to the Main Motion that the applicant be required to have a dust mitigation plan developed Those votine Aye beine Crs Runn Kirchhoff and Jacobson Those votine No beine Crs Becker and Mayor Krauss The motion carried 3 2 2 59 46 Amendment to the Main Motion that the affordable lots be developed proportionally in all future phases It was moved by Cr Rupp seconded by Cr Kirchhoff to apnrove the amendment to the main motion that the affordable lots be developed proportionally in all future nhases 3 00 27 Discussion 3 00 29 Vote to Approve the Amendment to the Main Motion that the affordable lots be developed proportionally in all future phases Those votine Aye beine Crs RUPD Kirchhoff Jacobson and Mavor Krauss Those votine No beine Cr Becker The motion carried 4 1 3 0043 Amendment to the Main Motion that under condition 19 that it be changed to clearly read that there is one Homeowners Association and not a Sub Homeowners Association for the affordable units It was moved by Cr RUDD seconded by Cr Kirchhoff to approve the Amendment to the main motion that under condition 19 that it be chaneed to clearly read that there is one Homeowners Association and not a Sub Homeowners Association for the affordable units 3 01 01 Discussion 3 01 58 Vote on the Amendment to the Main Motion that under condition 19 be changed to clearly read that there is one Homeowners Association and not a Sub Homeowners Association for the affordable units Those votine Aye beine Crs RUDD Kirchhoff Jacobson Becker and Mayor Krauss Those votine No beine none The motion carried 5 0 7 Linked Minutes ojThe Bozeman City Commission Meeting November 5 2007 3 02 38 Amendment to the Main Motion to waive the requirement to build out the entire length of Kagy between Bozeman Trail and Highland only the section adjacent to phase 1 to Highland It was moved by Cr Becker seconded by Cr RUDD to aDDrove the amendment to the main motion to waive the requirement to build out the entire leneth of Kaev between Bozeman Trail and Hie hland only the section adiacent to Dhase 1 to Hie hland 3 03 07 Discussion 3 03 10 Vote on the Amendment to the Main Motion to waive the requirement to build out the entire length of Kagy between Bozeman Trail and Highland only the section adjacent to phase 1 to Highland Those votine Aye beine Crs Becker Jacobson and Mavor Krauss Those votine No beine Crs RUDD and Kirchhoff The motion carried 3 2 3 03 28 Vote on the Main Motion to approve the application with conditions listed on pages 2 8 of the Planning Board Resolution and that we restore the original condition number 5 as it was brought forward to the Planning Board before any changes were made to it at the Planning Board It was moved by Cr RUDD seconded by Cr Becker to lay this motion on the table Those votine Ave beine Crs RUDD Becker Kirchhoff Jacobson and Mayor Krauss Those votine No beine none The motion carried 5 0 3 03 57 Break 3 21 082 West Babcock Elementary School Informal I 07025 Knight 3 21 12 Mr Epple Mr Epple gave a presentation regarding the West Babcock Elementary School Informal application The Commission gave their ideas regarding the project 3 39 50 Public Comment Mayor Krauss opened public comment No person commented 8 Linked Minutes oj The Bozeman City Commission Meeting loember 5 JOO Mayor Krauss closed public comment 3 40 193 Rialto Building Informal Application 1 07026 Bristor 3 40 56 Allyson Bristor Associate Planner Ms Bristor gave a presentation on the Rialto Building Informal Application The Commission gave their ideas regarding the project 3 50 33 Mayor Krauss Mayor Krauss suspended the Rules to extend the meeting to 10 30 pm 3 59 25 Public Comment Mayor Krauss opened public comment 3 59 37Lucien Hand Public Comment Mr Hand of718 North Tracy spoke regarding the Rialto Building design 4 02 25 Public Comment closed Mayor Krauss closed public comment 4 17 344 Provisional Adoption of Ordinance No 1727 Rules of Procedure Luwe This item will be moved to the next City Commission Meeting 4 1 7 43 5 Provisional Adoption of Ordinance No 1729 Budget Administration Rosenberry This item will be moved to the next City Commission Meeting 4 19 086 Recommendation to Gallatin County Commission of Board Member for Gallatin Solid Waste Management District Arkell 4 2115 Motion and Vote to recommend to the Gallatin County Commission to appoint City of Bozeman Superintendent of Solid Waste Steve Johnson to a three year term on the Gallatin Solid Waste District Board It wasmoved by Cr Becker seconded by Cr Rupp to recommend to the Gallatin County Commission to appoint City of Bozeman Superintendent of Solid Waste Steve Johnson to a three year term on the Gallatin Solid Waste District Board Those votinAve beinCrs Becker Rupp Kirchhoff Jacobson and Mayor Krauss Those votinNo beinnone 9 Unked Minutes The Bozeman City Commission Meeting lv ovemher 5 2007 The motion carried 5 0 4 2155 I FYI Discussion 4 22 011 Commission Salary Ordinance Kukulski Mr Kuku1ski stated that he needs direction from the Commission regarding the Commission Salary Ordinance 4 23 04 2 Ethics Ordinance Mr Kukulski explained that the Ethics Ordinance is in rough draft form but will be coming before the Commission in the near future 4 24 303 Proposed Graffiti Ordinance Cr Becker stated that he would like to begin the process offorming a Graffiti Ordinance 4 25 064 Streamline Briefing Cr Becker stated that the Streamline representatives would like to do an update to talk about bus shelters at the Joint City County meeting on Friday November 16 2007 4 25 285 Cr Kirchhoff Comments regarding the Ceremonial Commission Change Cr Kirchhoff stated that his last meeting will be December 17 2007 4 28 396 Co Location of the Law and Justice Center Cr Jacobson asked for an update regarding the joint Law and Justice Center 4 33 077 Meeting Reminder Ms Ulmen stated that the next Commission meeting will be Tuesday November 13 2007 at the City Commission Room 4 33 228 City County Board of Health Kirchhofrs Term Ms Ulmen stated that she was contacted by the City County Board of Health who wanted to know if Cr Kirchhoff was going to finish out his term and ifnot who will take over his term 4 33 36 Cr Kirchhoff Cr Kirchhoff stated that he has had scheduling conflicts 4 36 12 J Adjournment Mayor Krauss adjourned the meeting at 10 44 pm 10 I inked Minutes a The Bozeman City Commissiun Meeting ovember 5 207 ATTESL Stacy VI tYCl k PREPARED BY Approved on nJ 3 007 K Cc Jefi SS ayor 11