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HomeMy WebLinkAbout03-20-07 Planning Board Minutes.doc ** MINUTES ** JOINT MEETING OF THE CITY OF BOZEMAN ZONING COMMISSION AND PLANNING BOARD TUESDAY, MARCH 20TH, 2007 7:00 P.M. ITEM 1. CALL TO ORDER AND ATTENDANCE Zoning Commission Vice President, Nathan Minnick called the meeting to order at 7:02PM and directed the secretary to record the attendance. Zoning Commission Members Present Zoning Commission Members Absent: Nathan Minnick, Vice President JP Pomnichowski, President Nicholas Lieb Peter Harned Warren Vaughan Sean Becker, Commission Liaison Planning Board Members Present: Planning Board Members Absent: Dave Jarrett, Vice President JP Pomnichowski, President Erik Henyon, Chair Pro Tempore Randy Carpenter (excused) Brian Caldwell William Quinn Caren Roberty Edward Sypinski Steve Kirchhoff, Commission Liaison Staff Present: Dave Skelton, Senior Planner Lanette Windemaker, Contract Planner Jody Sanford, Senior Planner Allyson Bristor, Associate Planner Kimberly Kenney-Lyden, Recording Secretary Guests Present: Mike Jarrett Debbie Graf Cory Raavnas Gene Graf Eugene Graf Joby Sabol Erin Graf Heidi Graf Bob Wade Paul Brock Shereen Brock Ed Sondeno Susan Bolgiano Rick Meis Ted Lange Marty Glynn Paul Van Ordman Steve Wagner Doug Hanson Tom Schmidt Nathan Williams Brad Ebel Jim McKenna Tom Holcombe Jami Morris Scott Wheeler Laura Grochowski Chaucer Silverson Danny Crawford Susan Kozub Rob Pertzborn Dexter Wester Carol Wester Meagan Snodgrass Ross Taylor ITEM 2. PUBLIC COMMENT (0-15 MINUTES) Seeing there was none, Chairman Nathan Minnick closed this portion of the meeting. ITEM 3. MINUTES OF MARCH 6TH, 2006. Seeing there were no changes, additions, or corrections to the minutes, Nathan Minnick stated the minutes will stand as written. ITEM 4. PROJECT REVIEW 1. Zone Map Amendment Application, #Z-07010 – (Warnick-Baxter). A Zone Map Amendment requested by the owners and applicant, Mark Warnick, and representative, Intrinsik Architecture, requesting to amend the City of Bozeman Zone Map to establish an initial zoning designation of R-3 (Residential Medium Density District) for 2.29 acres of land located along Baxter Lane. The property is legally described as a tract of land being previously described on a deed recorded in Book 148, Page 206 of Gallatin County Records, and the adjacent 60-foot wide County road easement for Baxter Lane, located in the SW ¼ of Section 34, T1S, R5E, PMM, Gallatin County, Montana. (Sanford). Staff Report Senior Planner Jody Sanford gave the staff report. She noted this application is being proposed in conjunction with an annexation proposal. This area is 2.29 acres in size and is adjacent to the Baxter Meadows development. The property is currently zoned county A-S. Ms. Sanford stated the subject property has a growth policy land use designation of residential and to the north is City Zoned R-1 property. The City has not received any public comment. Senior Planner Sanford noted that Planning Staff found this application met the review criteria and should be approved based on the contingencies detailed in the staff report. Questions for Staff Nicholas Lieb asked if R1 zoning is what is to the north of this project and Ms. Sanford confirmed that R1 is the zoning designation of the property to the north and the east of this proposal. Applicant Presentation Rob Pertzborn representing Instrinsik Architecture. He stated this project is self explanatory, but is available for questions Questions for Applicant Nick Lieb asked Mr. Pertzborn why they chose the R-3 designation. He responded this is because there is limited access that will not allow for individual single lots, it allows for design flexibility, and provides a mix of residential options. Discussion Chair Nathan Minnick noted this is located on Baxter Lane and does not seem like there is any additional traffic going in there because of the Baxter Meadows subdivision. He added it meets the twelve criteria and will be in support of this. Warren Vaughan noted this is consistent with the growth policy and supports a wide variety of housing types and will be supporting the application with staff suggested contingencies. Nicholas Lieb noted he agreed with the comments, however he noted the concern he has is that R-1 almost totally surrounds this property. He noted that the R-3 designation does not necessarily mean they will put a multi-family project there and added it meets the twelve criteria. He will be in support of this proposal. Motion and Vote Warren Vaughan moved to recommend approval of Zone Map Application #Z-07010 with staff suggested contingencies, seconded by Nick Lieb. All in favor, motion passed 3-0. Chair Nathan Minnick noted this application will go before the City Commission on April 2nd, 2007. 2. Zone Map Amendment Application, #Z-07014 – (Story Mill Neighborhood). A Zone Map Amendment requested by the owners, Blue Sky Development Inc., the applicant, Go Build, Inc., and representative, GBD Architects and Hyalite Engineers, requesting to amend the City of Bozeman Zone Map to establish a mix of zoning designations including B-1 (Neighborhood Business District), B-2 (Community Business District), R-S (Residential Suburban District), R-2 (Residential Two Household, Medium Density District), and R-4 (Residential High Density District) on approximately 100.737 acres of land. The legal description of this property varies, please see attached application. (Bristor) Staff Report Planner Allyson Bristor gave the staff report. She noted there is a mix of zoning designations proposed over approximately 100 acres. Ms. Bristor added that 23 acres of this property are county zoned and currently being reviewed for annexation. Staff found it is consistent with the City’s growth policy and the City Commission approved the growth policy for this project 4-0 last night. She noted that Planning Staff believes the proposed mixed use higher density development will encourage mass transit, walking, and biking with the small commercial node. Water and Sewer is readily available, but immediate service can be provided. She noted the City is currently funding a signal installation at the Griffin and Oak intersections with Rouse. Planner Bristor stated the 2020 plan identifies this area proposed as being within the planning boundary. We did not receive any public comment. CAHAB reviewed this and found this to be appropriate in having affordable units and encourages a walking community. Planning staff recommends approval with the standard contingencies. Applicant Presentation Joby Sabol, legal counsel for the applicant noted it is nice to receive validation from the unanimous decision to approve the growth policy by the City Commission last night. This lets us know all our work and effort is recognized. Mr. Sabol stated that the traffic issue has to be dealt with and they are looking at several options. This is one of many steps in this process. He noted this application is relatively sensitive to the wetlands and historical value. It is causing them to go the extra mile and ensure this project is done properly. He thanked the Planning Staff for their hard work on this project and closed by stating this is an opportunity for them to plan a great neighborhood. Cory Ravnaas representing Hyalite Engineering stated there is 70+ acres of industrial property predominantly at this time. They are now proposing a mix of zoning designations, most of which will be residential. The City Commission approved the Growth Policy Amendment to change the majority of the property from industrial to residential. Mr. Ravnaas noted that the Park and Open Space is at the base of the story hills. The proposed zone map was seen informally in late November of last year. The Zoning Commission at that time requested there be more of a mix of residential zoning than to have it all be R-4. Mr. Ravnaas stated that if you subtract the watercourse setback, road right of ways, and wetlands, it leaves us a net result of approximately 63 usable acres out of this 100 acre parcel. He added that the R4 zoning request is necessary because of the existing issues with the wetlands and current watercourse setbacks. Questions for Applicant Warren Vaughan asked Mr. Ravnaas what the planned types of uses for the commercial nodes to which he responded the plan is to have a small scale grocery store like a ‘Heebs’, a fitness center, coffee shop, some business offices, a restaurant, and other small scale establishments. Mr. Vaughan stated that most of this property is being requested to be an R-4 zoning designation. He asked if there were any other residential options they thought about inserting in those areas prior to coming forward with this application. Mr. Ravnaas responded that there will be some single family homes around the wetlands because that is all they put there. He added that they are being directed by LEED on how to accommodate these issues. Mr. Vaughan asked Mr. Ravnaas to expound on LEED Certification. Cory Ravnaas noted that LEED wants to see over 6 units per acre to get the maximum amount of points. Mr. Ravnaas added that the LEED group supports using less energy, treating storm water, and reusing materials in their construction. Nick Lieb asked why the R-2 zoning proposed is being put at the southern most part of the property and not on Bridger Drive being used as a buffer. Mr. Ravnaas replied that no matter how they arranged the plans, that was the only one of two areas that would work for R2 on this property. Mr. Lieb asked they intend to build at R4 density in the R4 zoned areas. Mr. Ravnaas confirmed and added that it is the only way residential building would work and make sense. Warren Vaughan asked what the zoning is across Bridger Drive. Mr. Ravnaas stated that the northern residential portion of Bridger Drive is a mix of R-1 and R-3 by the golf course, and all along Bridger Drive is M-1. Discussion Zoning Commissioner Warren Vaughan stated he came forward with two major issues; first, was this proposal initially was not in compliance with the City’s Growth Policy because of the future land use designations, but this was mitigated through the City Commission meeting last night. The second issue is traffic. Mr. Vaughan noted the preliminary plans show a tremendous amount of traffic going through this neighborhood and the Story Mill team is well aware of this. He added that the City Commission will make the final decision on this application, but noted that no Planning Board or commission will support this project unless the traffic issues are resolved. This needs to be integrated with the Northeast Neighborhood. Mr. Vaughan closed by stating this application does meet the twelve criteria and is hopeful the board will closely at the traffic issues. Nathan Minnick commented that there will be some signalization coming up in that area and therefore there is a mechanism in place to support the traffic in the future. As this proceeds, he noted there will be traffic studies to mitigate this concern. Mr. Minnick added that a lot of this area is M-1 zoned, and if you walk around there, most of this property is wetlands. He closed by stating it will take a higher density to support business centers in this area and will be supporting this application. Nick Lieb stated the LEED certification is a positive approach. LEED is appropriate for high density areas because it is near downtown. Mr. Lieb added that he is also in favor of the approved Growth Policy. He agreed that there are traffic issues because there is no other route to take currently except for Rouse or Wallace. He asked Mr. Ravnaas how many people they anticipate will be living there. Mr. Ravnaas responded that assuming 3 people live in each home, this will equate to 3,300 people and a total commercial area of 150,000 square feet leaving a grand total of 4 to 5,000 people in this neighborhood. Since there is no commercial on the south side of this property, they think that will lessen some traffic issues. Nick Lieb asked if that commercial node within this project would mainly service that part of town. Mr. Ravnaas confirmed that with the grocery store, fitness center, and coffee shop, this should work very well and added that the Planning Board originally advised them during the informal stage that they did not have enough commercial. He also noted that they are working with the City of Bozeman on the Oak Street connector. He closed by stating it is obvious that they would not be proposing a development that could not accommodate the traffic issues. Mr. Lieb also closed his comments by noting this application meets the twelve review criteria and will be in support of this proposal. Motion and Vote Chairman Nathan Minnick moved to recommend approval of Zone Map Application #Z-07014 with the standard contingencies listed by staff, seconded by Warren Vaughan. Mr. Vaughan commented that residential zoning is more appropriate for this area than industrial. He added that the City Commission will have a tough decision to make when looking at the thousands of added trips to and from this area per day. All in favor, motion passed 3-0. Mr. Minnick noted this application will go before the City Commission on April 2nd, 2007. Chairman and Vice President, Dave Jarrett found there to be a conflict of interest on the joint review of Allison Subdivision Preliminary Plat and ZMA application. He noted he will abstain from any discussion or action on the matter and elected Erik Henyon as Chair Pro Tempore. ITEM 5. JOINT SESSION CALL TO ORDER AND ATTENDANCE: Chairman Pro Tempore, Erik Henyon called the joint meeting of the Zoning Commission and Planning Board to order at 7:49PM and directed the secretary to record the attendance. Planning Board Members Present: Planning Board Members Absent: Dave Jarrett, Vice President JP Pomnichowski, President Erik Henyon, Chair Pro Tempore Randy Carpenter (excused) Brian Caldwell William Quinn Caren Roberty Edward Sypinski Steve Kirchhoff, Commission Liaison Zoning Commission Members Present Zoning Commission Members Absent: Nathan Minnick, Vice President JP Pomnichowski, President Nicholas Lieb Peter Harned Warren Vaughan Staff Present: Dave Skelton, Senior Planner Lanette Windemaker, Contract Planner Jody Sanford, Senior Planner Allyson Bristor, Associate Planner Kimberly Kenney-Lyden, Recording Secretary Guests Present: Mike Jarrett Debbie Graf Cory Raavnas Gene Graf Eugene Graf Joby Sabol Erin Graf Heidi Graf Bob Wade Paul Brock Shereen Brock Ed Sondeno Susan Bolgiano Rick Meis Ted Lange Marty Glynn Paul Van Ordman Steve Wagner Doug Hanson Tom Schmidt Nathan Williams Brad Ebel Jim McKenna Tom Holcombe Jami Morris Scott Wheeler Laura Grochowski Chaucer Silverson Danny Crawford Susan Kozub Rob Pertzborn Dexter Wester Carol Wester Meagan Snodgrass Ross Taylor ITEM 6. PLANNING BOARD PUBLIC COMMENT Seeing there was none, Chair Pro Tempore Erik Henyon closed this portion of the meeting. ITEM 7. PLANNING BOARD MINUTES OF MARCH 6TH, 2007 Ed Sypinski requested to correct the date of the minutes to reflect March 6th instead of March 20th, 2007. Seeing there were no further changes, additions, or corrections, Mr. Sypinski moved to approve the minutes as amended. The motion was seconded by Bill Quinn. Those in favor being Erik Henyon, Bill Quinn, Ed Sypinski, Caren Roberty, Brian Caldwell, and Steve Kirchhoff. Motion passed 6-0. ITEM 8. JOINT PROJECT REVIEW WITH THE PLANNING BOARD 1. Zone Map Amendment Application, #Z-06205 – (Allison Major Subdivision). A Zone Map Amendment requested by the owners and applicant, Bon Ton Inc. of Billings, and representative, Rocky Mountain Engineers, PLLC, requesting to amend the City of Bozeman Zone Map to change the zoning classification on ~14 acres of land, currently zoned R-1 (Residential Single Household, Low Density) District to R-3 (Residential Medium Density) District. The property is legally described as a portion of Section 24, T2S, R5E, P.M.M., Gallatin County, Montana and is located southeast of South 11th Avenue and Opportunity Way. (Windemaker) 2. Major Subdivision Preliminary Plat Application, #P-06051 (Allison Major Subdivision). A Preliminary Plat Application for a Major Subdivision requested by the owner and applicant, Bon Ton Inc. of Billings, and representative, Rocky Mountain Engineers, P.L.L.C. to subdivide 100.82 acres of land into 274 residential single household lots, 7 residential multi-household lots, and 31 townhouse lots on property zoned as R-1 (Residential Single Household, Low Density District). This property is legally described as being a tract land being Remainder Tract A of Allison Subdivision, Phase 2, located in the SE¼ NW¼ of Section 24 as shown on Certificate of Survey No. 252, and that tract shown on Certificate of Survey No. 792, all in Section 24, T2S, R5E, P.P.M., City of Bozeman, Gallatin County, Montana. (Skelton) Senior Planner Dave Skelton stated this joint project review is an effort to alleviate redundant public comment on both projects. He noted that once the public comment portion is closed, the Zoning Commission will discuss the item, vote, and adjourn. After this, the Planning Board will then discuss the item, vote, and adjourn. Planner Skelton added both these items will go before the City Commission we will review these projects on April 2nd, 2007. ZMA Staff Report Senior Planner Skelton gave the Allison ZMA staff report. He noted that to the north of this project is the CFT business park. Further north is MSU campus. Mr. Skelton added that to the west of this is Mandeville and to the east is the Figgins Subdivision. The initial phases of Alder Creek is to the south. Planner Skelton stated this history of this property is agricultural land and commented there are several irrigation ditches on this section of land. Contract Planner Lanette Windemaker continued the report by noting this request is to change the original zoning of R-1 to R-3 on 14 acres of property within the Allison Subdivision. She added that most of this R-3 will be more like R-2 development (duplexes) and Single Household lots. Planner Windemaker noted the City has received numerous letter of public comment in opposition to this project that listed several concerns; a drastic change in the character of the neighborhood, increased density, traffic impacts, adverse environmental impacts, and increased height allowance concerns. She closed by stating the R3 requested area is just south of the business park. There are conditions that staff has outlined in the staff report. Preliminary Plat Staff Report Senior Planner Dave Skelton gave his detailed staff report. He noted this proposal is approximately 100.82 acres of land. It is a multiphase subdivision consisting of 24 phases with an expected build out in 2015. Planner Skelton stated there will be approximately 274 single household lots, 7 multi-household lots, and 31 townhouse lots at completion. Mr. Skelton commented the City Engineer’s office is recommending the completion of Graf Street and South 11th Ave with the initial phase. He noted they are also recommending the installation of three signals with initial phase; one at the intersection of Kagy Boulevard and 11th Avenue, the second at Kagy and 7th Avenue, and the last one at the intersection of Graf Street and South 3rd Avenue. He added there will be several street improvements with this project to include the extension of South 11th Avenue all the way through to Graf Street. Planner Skelton stated all subdivision lots are to be located outside of the 100 year floodplain and watercourse. He added there will be a “No Basement” restriction for Phases three and four, lots 1-14 of Block 6, and lots 27-48 of Block 4 due to the evidence of high ground water. Mr. Skelton noted the RSL lots will be adequately dispersed throughout this subdivision. He commented there is 11.64 acres of dedicated parkland in this proposal and of that, a 7.66 acre public park that the applicant is requesting to be moved from its geographic center of the neighborhood by a variance request. He noted Planning Staff and GVLT is recommending approval of this variance in order to achieve a larger park with future development in the Mandeville future subdivision. Mr. Skelton noted the three variances the applicant is requesting. The first is a variance from Section 18.42.020 of the UDO regarding Neighborhood Centers. The applicant wishes to develop a neighborhood center that is not at the geographic center point of the development. The second is a variance from Section 18.42.100.B.3 of the UDO regarding Watercourse Setback. The applicant is asking to encroach into the watercourse setback with fences for multiple subdivision lots. The third and last variance if from Section 18.44.060.D of the UDO regarding Level of Service Standards. The applicant is requesting to allow the development of the subject subdivision without level of service mitigation measures at three intersections. He noted that in the preliminary phases of this major subdivision, the City Commission emphasized the importance of Galligator Trail, desired alleyways, vehicle and pedestrian circulation and the elimination of cul-de-sacs in blocks 17-19. Mr. Skelton added there will be several bike lanes along Arnold Street and along 11th Avenue. He noted there is a planned public trail along the west side of Figgins Creek to connect with Alder Creek subdivision. Dave Skelton closed his staff presentation by noting this project received several letters of public comment opposed to this application with the same concerns as those brought by the ZMA application. He added that the applicant is requesting three variances and Planning Staff is recommending conditional approval with contingencies starting on page five of the staff report. Commissioner Steve Kirchhoff asked if the offset at Graf Street in the planned Mandeville subdivision has been fixed. Mr. Skelton noted this issue has been addressed on slide 23 of this presentation. Applicant Presentation Ray Center representing Rocky Mountain Engineers stated the intent of this subdivision is to create lots for affordable homes within city limits. He noted they have spent the last 18 months looking at lot layouts and how they can make the best use of this property. Mr. Center noted all the streets have varying alignment and the property has an irregular street which parallels to Figgins Creek. The alignment of 11th has also been problematic because it has to meet at a slant to the south of the property line. He noted they are trying to keep the minimum number of lots off of a collector street so it will be safer for the children in the area. They will end up having a thirty acre regional park. Mr. Center noted they have removed all the watercourse setback encroachments except for a very small three lot portion just west of Galligator Trail at the south end of the subdivision. This is the small area they are asking for a variance in. He noted that as far as the traffic impacts are concerned, a study done by Abelin showed this subdivision will improve the level of service at a number of intersections in the surrounding area by the additional signals and street enlargements in conjunction with added bike and pedestrian pathways. Mr. Center stated MDT may not allow a traffic light on Kagy and this will be mitigated as the subdivision process continues to progress. He closed by stating the city is requiring this signal as part of the subdivision approval. Questions for Applicant Brian Caldwell asked if they designed the storm water area for the 100 year flood. Mr. Center noted that City regulations required them to design it for a 10 year storm. The main design will be accommodating the 100 year flood. Ray Center noted that the intent of the Zone Amendment is that rather than making large, single family lots across from a commercial development, the community would be better served with multi-plex lots adjacent to this area. According to the UDO, they had to go with the R3 request in order to create townhouse lots. And this gives us a better chance of having an owner occupied dwelling unit. Nick Lieb asked Mr. Center why they chose R3 instead of R2 if you want duplexes. Mr. Center replied it was their desire to maximize the potential of owner occupied dwellings. People can better afford those than single family homes. Mr. Lieb then asked why they did not choose R1 along the watercourse. Mr. Center responded the attempt is to provide a mix of housing types and that area is an odd shape to accommodate any housing in. Warren Vaughan asked what the width of the area is up in the northern corner of this property. Mr. Center noted that this area is just under 150 feet. He added that the southern portion is closer to anywhere in between 4-500 feet. Gene Graf stated the zone change request is because they are trying to supply a mix of residential uses and lower the lot size from 5 thousand square feet to 3 thousand. The thrust of this whole subdivision is to give his nephew and son an opportunity to supply a market that is not very well serviced here in Bozeman. Mr. Graff noted the affordability is rapidly becoming a sad situation. He is hopeful they can supply some affordable units. He commented it is important that they at least try. This is third time around with their application due to access problems, but will make the changes necessary to accommodate these issues. Public Comment Rick Meis resides at 704 Arnold. He submitted comments for the ZMA. He noted these do not pass the criteria for zoning. He understands the mixed use and medium density, but it could be accomplished in a better design. It seems backwards. These are not necessarily going to be affordable homes because it is going to be set against the trails. Mr. Meis stated the design of Canyon and Segaldo focuses the traffic right onto Arnold. This should be designed to meet towards a collector instead of the local street by the school. Traffic calming devices around the school should be in order. He is opposed to this application. Dexter Wester lives at 2601 Westridge Drive. He stated the 100 year flood did happen there, in 1986. Mr. Wester noted this creek flows year round. There should be reasonable consideration of the character of the district. The R-3 request is unreasonable for this area. He commented he bought his home with the idea the surrounding area was all going to be R1. If the required height is 42 feet tall, he would hate to have a wall next to his property that could be that high. Mr. Wester stated these smaller lot sizes will not work. He added the issues with high groundwater is hard to mitigate but is necessary to resolve prior to development on this property. He closed by stating he is not supportive of the zone request nor are the neighbors to the east. He asked the board to deny this request. Bob Wade lives at 407 Overbrook Drive, #19. He noted they are concerned about the water issues, the groundwater and the runoff. The past two springs they have had serious flooding in the crawl spaces in several of their units. It had not happened to them eight years prior to this. His Homeowners Association did some mediation on their land attempting to keep groundwater away. Mr. Wade stated they are called ‘Overbrook’ because they have two brooks in their immediate area. They also have two detention ponds on their property as well. He stated the water runs in their direction from Westridge. He closed by requesting that a qualified person address these issues. Ted Lange representing GVLT stated he has no comments on the zoning issue. He noted the trail along Figgins Creek along the west side is what they would like to see connect to Alder Creek. Graff is going to be incredibly busy and so will Arnold, but this trail is crossing mid block and he just wanted to urge the board to look carefully at that crossing area. Mr. Lange stated there are a lot of good tools out there that would make these crossings safe. They looked at this with the Bike Advisory Board as well and feel there needs to be some shared use paths in key strategic areas in town. He closed by stating the 10 foot bike/pedestrian path along Graf would be a wise decision. Megan Snodgrass lives at 2515 Westridge Drive noted the zoning request does not seem neighborly to change that area right next to their R-1 zoned property. She added the intention of building townhouse lots is great, however the community has no guarantee these lots will not end up being five attached units. If the goal of a safe neighborhood is to not have lots fronting collector streets, they need to drastically change the design. Ms. Snodgrass stated that in 2006, only 14 Zone Map Amendments were made, and based on this, none of the changes were with a development of this scale. Nick Shovel lives in the Figgins neighborhood and stated we all live in Bozeman and everyone desires affordable housing. He likes and is an advocate of the cul-de-sacs because he has a little girl. When Graff and 11th goes through, the traffic on 3rd will drastically be reduced over by the morning star school. Mr. Shovel noted that as far as building heights on two story houses, the ridges are not even 34 feet at the tallest point so these duplexes proposed will not be that high. Heidi Graf lives at 709 Aster Avenue. She is a real estate agent here and noted the average price of a home in Bozeman is currently around $475,000. The current interest in workforce housing is what makes this proposal satisfying because it is meeting that need. This is a long term developer who has a reputation to uphold. She has sold 9 homes by EG construction and they range to no higher than $215,000 and they have allowed people to purchase their homes. Ms. Graf bought one of his homes and added it allowed her to get into the market. She closed by stating this proposal is in the City's interest of workforce housing and will meet the needs of affordablility. Ross Taylor lives at 2515 Westridge Drive. He stated that in considering the trail and the R-1 in the area, it simply is not natural to have this development. Carol Anderson lives in the condos in Overbrook. She noted she is not against the development there, she is opposed to the R-3 and feels it will destroy the R-1 community. The R-1 is what allows people to have a backyard and a good quality of life. Jim McKenna lives at 505 Arnold. He listened to the testimony and has not heard why R-3 is better than R-1 in that area. Mr. McKenna noted this is not better than the existing designation. He finds this is curious that the developer stated this was the third time they came forward. A gentleman who lives on Westridge Drive stated the issue with this development is water. He is glad there is going to be a no basement regulation, but the amount of cement going in there makes a difference because it does not absorb ground water. He has a young child going to the Morning Star School. Traffic is going to be a problem with a young child trying to walk to school. He asks that the board take into consideration all the factors that the community does not know about or is aware of. Their community is only concerned with safety. Susan Bolgiano lives at 704 West Arnold. She stated she is opposed to the zoning change. The higher density zoning should be placed near to the collector streets. Ms. Bolgiano noted this is not safe for the children in this area to have these units so close to the school. She has concerns with the retention ponds because there is no guarantee the community will not have any pollutants. Brad Evil lives at 2605 Westridge Drive. He thinks the R-3 is good in certain areas, but as configured, he thinks this request should be rejected. This has been historically a single family area and it is the developer’s responsibility to prove this layout works and this does not. Mr. Evil stated that although this will not be built out until 2015, he would encourage the board to reject it. The deviations requested should be denied. Mr. Smith lives on Overbrook Drive. He stated the level of service standards will not add to current safety issues. Please do not approve the variances requested. Mr. Smith added the R-3 zoning is too intense and is not in the right place on these plans because it should be closer to 11th Avenue. The higher density development should not be running into Arnold. It seems to be a totally inappropriate place to dump all the traffic onto. Scott Weaver lives in the Figgins Subdivision. His major concern is the traffic. He has two kids who walk and bike to school, both to Morning Star and Sacajawea. Mr. Weaver state it is already bad and dangerous as it is. With the R-3 approved, it will create more traffic problems. Staff Response Senior Planner Dave Skelton noted that according to engineering, there is no record of a 100 year flood in 1986. He added that groundwater is an issue, but with the improvements to the area, it will resolve some of this. There is already high ground water in that area which is why they installed a no basement restriction. Mr. Skelton noted in Section 18.44 of the UDO, cul-de-sacs are discouraged. As far as the school impacts, there is no one in this room that would deny the developers need to make this a safe community. The school district did comment and did not see any direct impacts to the school. He noted the transportation network will be improved as this project develops. The City is providing for every opportunity for safe pedestrian pathways. The real issue with pollutants is in dealing with the treatment of the storm water. Deviations to the accesses on collectors, Mr. Skelton noted the alleyways do not run into 11th, but end at the back of the lots facing 11th. Questions for Staff Warren Vaughan noted staff mentioned the applicant's traffic impact study and that it concluded the overall traffic volumes on Arnold street will be impacted very little and the City Engineering department agreed with it. He asked Mr. Skelton to confirm this. Planner Skelton noted the City would entertain some more traffic control. Warren Vaughan stated the applicant said that with R-2, they were guaranteeing rentals and they wanted these to be owner occupied. He asked staff to explain that reasoning. Contract Planner Windemaker responded with the R2 zoning in place in the UDO, you could only have duplexes and could not have two attached townhouse units. This is why the applicant has asked for the R-3, because it allowed for the townhouses. The R-2 Zoning designation has been modified and will be in affect on March 24th to allow duplexes so technically, R-2 would work instead of R-3 after March 24th, 2007. Nick Lieb asked if R-3 would allow for a four-plex. Ms. Windemaker replied it would allow for up to five townhomes. Mr. Lieb asked what the zoning was of the Overbrook Condos. Mr. Skelton replied that to his recollection, it is zoned R-1, but in the planning stages the applicant requested a variance to allow a higher density residential development in that area. Warren Vaughan asked the applicant why they decided to put the R-3 in the northeast corner of the property. Mr. Graf responded this was due to the fact they did not want alleyways leading to garages and it was a way to accommodate the odd shape of that parcel. Nick Lieb asked the applicant if they were aware of the changes to the R2 designation in the UDO. Mr. Ray Center replied they were aware, however this application was submitted last year before the changes were made to the City Commission. He added the layout of these lots are only 40 feet wide and it does not seem logical that any other development will be able to be put on those lots. Mr. Lieb asked how many units are they planning on in total. Mr. Center replied they are looking at 31 duplex lots equaling 62 individual duplex units. Mr. Lieb asked if they were going to install fourplexes there as well. Mr. Center noted there is not enough room because there are only seven lots on the north end by Discovery. Ray Center stated he has a daughter that goes to Morning Star School as well and traffic is a concern. However, most of the traffic will be taken off of Arnold when the other options are put into place with new street extensions. Mr. Lieb asked staff how many R1 lots are in this development. Planner Skelton replied there will be 274. Zoning Commission Discussion Nathan Minnick noted he came up with the same concerns that all the public comment was concerned about, wetlands, traffic, and safety. If these were not going to be mitigated, it would be a huge issue. He noted this entire area is under the Bozeman Area Transportation Plan and has this area targeted for improvements. Mr. Minnick stated that regardless what is built here, it will be built to the City standards. He added there is a massive amount of R1 zoned property, but as you drive along Stadium Center, it looks like there is an opportunity to put R3 next to this. Diversity of housing is in the 2020 plan goal. Mr. Minnick noted there will be 150 feet of space between that R3 zone area and the R1 neighbors at Figgins Subdivision. He added there will be trees there to add as a buffer and noted there is a need for something like this. He closed by stating all the traffic issues will be addressed. Warren Vaughan stated he agreed with some of the comments and slightly disagreed with other comments. He noted this project is providing some definite needed road extensions on 11th and on Graf. When he first looked at this application, he noted his first reaction was the R3 interacts more with the BP area directly adjacent to the north of this property than as a 150 feet buffer to the neighbors to the east in R1. It works. He agreed with the R3 and stated it is clear the residents in that area would go through to 11th instead of taking the long way around Arnold. He recognized the concerns of the residents currently living to northeast of this proposal and would rather recommend that all the lots on Keaton Street be zoned R2 instead of R3. He closed by stating the lot coverage is the exact same for either designation, not to exceed more than 40%. Nicholas Lieb stated that he was in receipt of five letters today, but the one thing he had to say is that the City has seen a lot of new developments come though here and this proposal has far less multi-family units than most that have been proposed. According to the City of Bozeman and the 2020 plan, Mr. Lieb noted the goal is to maximize the number of units coming into the city. However, he is not in favor of R-3 in this proposal. It will be more of an issue as more of these developments are created right next to older single family homes in R1 neighborhoods. He noted that safety is a legitimate concern. Mr. Lieb closed by noting the Overbrook Condos are 24 units on four lots and this proposal is recommending less density than what Overbrook has. Motion and Vote Warren Vaughan moved to recommend approval of Zone Map Amendment application #Z-06025 with an amended R2 rezoning to all the lots east of Keaton Street. Motion was seconded by Nicholas Lieb. Thos in favor being Nicholas Lieb and Warren Vaughan. Those against being Nathan Minnick. Motion failed. Chair Nathan Minnick asked the applicant, Mr. Graf, if he had any problems or issues with the amendment to the lots east of Keaton Street. Mr. Graf replied he did not have a problem with the amendment. Mr. Minnick motioned to reconsider the vote. Warren Vaughan moved to reconsider the vote. Mr. Vaughan moved to recommend approval of Zone Map Amendment Application #Z-06025 as amended with the standard contingencies and incorporate the previous findings of traffic and building height. Motion seconded by Nathan Minnick. All in favor, motion passed unanimously. Mr. Minnick noted this application will go before the City Commission on April 2nd, 2007. ITEM 9. ZONING COMMISSION ADJOURNMENT Chair Nathan Minnick adjourned their portion of the meeting at 10:15PM. Planning Board Discussion Erik Henyon of The Planning Board reconvened the meeting at 10:19PM and moved to start discussion on the Preliminary Plat application. Ed Sypinski asked why the applicant is recommending to have a light at Kagy &11th, but not at 3rd and Graf. Mr. Skelton replied this was based on the level of service standards and there are other developments in this same situation. Mr. Sypinski noted he is not supporting the variances. Dave Skelton responded the DRC is not supportive of the variances either. Brian Caldwell asked if the interconnectivity, trails, and adequate right of way widths were adequately addressed by the applicant. Ted Lange from GVLT responded they recommended a condition to the applicant stating they will have to mitigate those conditions laid out by staff. He added the key is to make this as safe as possible. He noted the mid-block crossings are important to this safety issue. Erik Henyon commented he does not have any issues with the neighborhood center variance, but was not sure why the applicant was requesting a variance for the level of service because Kagy and Third needs to be signalized and this makes sense. Planner Skelton noted the level of service required is what mitigates the signals and that variance has not met the level of service standard C that would force them to fix that. Mr. Henyon asked if these improvements will be shared with the Alder Creek and Mandeville subdivisions. Mr. Skelton replied they both have SID waivers for their area. Mr. Henyon responded to the second variance request regarding watercourse setbacks. He stated it looks like the issues on lots have been fixed, but lots 9,10, and 11 on block six look like the watercourse setback jumps into that watercourse just a little. Caren Roberty noted that in the staff report, she did not see any comments regarding curb bulbs. Mr. Skelton noted that if the staff chose to go to the intersections rather than mid block, they may have to put some mid block bulbs. Ms. Roberty asked if they need to put that in their recommendation and Planner Skelton it can be put into the motion. Ms. Roberty asked Mr. Graf if there is a guarantee that a certain percentage of the higher density development range from $170-$215,000. He responded they have no guarantee. Ms. Roberty asked staff why the cul-de-sacs are not okay in the subdivision. Mr. Skelton replied there are physical constraints on those cul-de-sacs. Bill Quinn asked what the rationale was behind supporting 7th and Kagy because there is no street, no connection, and 7th does not go all the way through. Planner Skelton stated that traffic going through this development impacts that intersection. Mr. Quinn noted the impact is on Kagy and not on 7th. Planner Skelton confirmed. Motion and Vote Ed Sypinski agreed to recommend approval of variance from section 18.42.020 regarding Neighborhood Centers. Mr. Caldwell stated the centralized park is by far the strongest aspect of the application and in keeping with the vision of the 2020 plan. Regarding the variance from section 18.42.100. regarding the watercourse setback, Caren Roberty stated she does not like to see a precedence on allowing encroachment into a watercourse. Ed Sypinski noted it is important to protect our wetlands and will not be supporting this variance. Mr. Henyon noted that there are water issues according to the staff report and public comment and will only be supportive of staff recommendations. Brian Caldwell supports staff recommendation regarding the variance from section 18.44.060 D noting that if there was a way to link them together in an SID, it could be mitigated, but he will support staff. Mr. Henyon noted he honestly believes that with the development of 11th, he thinks it will improve the level of service in those areas. Therefore, he would be willing to grant the variance and go against the staff report. Chair Pro Tempore Erik Henyon moved to recommend approval of Variance Request from Section 18.42.020. The motion was seconded by Brian Caldwell. All in favor, motion passed unanimously. Erik Henyon moved to recommend approval of Variance Request from Section 18.42.100.B.3. Motion was seconded by Brian Caldwell. Those in favor being Brian Caldwell, those against being Erik Henyon, Caren Roberty, Ed Sypinksi, Bill Quinn, and Steve Kirchhoff. Motion failed, 1-5. Erik Henyon moved to recommend approval of Variance Request from Section 18.44.060.D. The Motion was seconded by Brian Caldwell. Those in favor being Brian Caldwell and Erik Henyon. Those against being Caren Roberty, Ed Sypinski, Bill Quinn, and Steve Kirchhoff. Motion failed, 2-4. Caren Roberty moved to recommend approval of Preliminary Plat Application #P-06051 with Planning Staff’s recommendations and recommendations from GVLT. The motion was seconded by Ed Sypinski. All in favor. Motion passed unanimously, 6-0. ITEM 10. PRESENTATION A presentation by Linda Vrooman of the Gallatin County Weed Board to introduce and ask for support of The Montana Challenge. There will be three presentations in April 2007 given by Suzanne Miller to discuss how management of Montana’s fish and wildlife resources can best contribute to Montana’s social and economic well being. Linda Vrooman with the Gallatin County Weed Board stated this presentation of the Montana Challenge is scheduled for April 2007. This is workshop and presentation is on what Montanans can do to preserve its resources. She noted Suzanne Miller will be the presenter and the Weed Board is sponsoring her visit and is looking for other groups and advisory boards to help in that sponsorship to help pay for the expenses. She closed by stating the County Planning Department donated $100 for their part in this sponsorship and is looking to the City Planning Board to contribute as well. Dave Jarrett made a motion to match the county’s contribution of $100.00 for this presentation in April 2007. The motion was seconded by Bill Quinn. All in favor, motion passed 6-0. ITEM 11. NEW BUSINESS Seeing there was no new business before the board, Vice President Dave Jarrett closed this portion of the meeting. ITEM 12. ADJOURNMENT Dave Jarrett moved to adjourn the Planning Board meeting, seconded by Ed Sypinksi and Bill Quinn. All in favor, meeting adjourned at 10:59 PM. ___________________________________ ______________________________________ Nathan Minnick, Vice President Dave Skelton, Senior Planner City of Bozeman Zoning Commission City of Bozeman Planning Department ____________________________________ _______________________________________ Dave Jarrett, Vice President Erik Henyon, Chairman Pro Tempore City of Bozeman Planning Board City of Bozeman Planning Board *City of Bozeman Zoning Commission and Planning Board meetings are open to all members of the public. If you have a special need or disability, please contact our ADA Coordinator, Ron Brey, at 582-2306 (voice) or 582-2301 (TDD).