HomeMy WebLinkAbout090308 Planning Board MinutesMINUTES
CITY OF BOZEMAN PLANNING BOARD
COMMISSION ROOM, CITY HALL
WEDNESDAY, SEPTEMBER 03, 2008
ITEM 1. CALL TO ORDER AND ATTENDANCE
President JP Pomnichowski called the regular meeting of the Planning Board to order at 7:02 p.m. and directed the secretary to take attendance.
Members Present:
JP Pomnichowski, President
Erik Henyon
Donna Swarthout
Chris Mehl
Dawn Smith
Sean Becker
Bill Quinn
Members Absent:
Cathy Costakis (excused)
Brian Caldwell (excused)
Staff Present:
Chris Saunders, Assistant Director of Planning
Shoni Dykstra, Planning Secretary
Guests Present:
Tom Henesh
Ami Grant
Rob Pertzborn
Tracy Poole
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.}
Seeing there was none, President Pomnichowski closed this portion of the meeting.
ITEM 3. MINUTES OF AUGUST 19, 2008.
Seeing there were no changes, additions or corrections to the minutes, President Pomnichowski stated that the minutes from August 19, 2008 would stand as written.
ITEM 4. BOZEMAN COMMUNITY PLAN UPDATE
Selection of members to participate on the Economic Development Plan Steering Committee.
Chris Saunders, Assistant Director of Planning, noted the City Commission had signed the contract, and Sean Becker will be the commission liaison to the Economic Development Plan Steering
Committee. President Pomnichowski asked Board members to share their desire to participate on the Committee. She noted Chris Mehl had voiced his desire earlier, and seeing no other members
volunteering she stated he was selected to represent the Planning Board on the Committee.
Review and discussion of the Economic Development Appendix
Planner Saunders noted a discussion with Mr. Hietala from Prospera regarding the economic development chapter. He noted Prospera prepared an annual economic profile for the County which
could be utilized in place of the appendix until the actual Economic Development Plan was adopted. He stated utilizing the annual report would alleviate the extra appendix after the
Plan was adopted. President Pomnichowski sought clarification on utilizing two documents by the same entity. Planner Saunders responded the annual report was based on the same sources
of statistics Staff would utilize for the appendix so there should not be a conflict as it was immune from local influence. Mr. Mehl noted the Economic Headwaters report he had sent
around via email and stated graphs from the report could be utilized. Erik Henyon sought clarification on how the current chapter would be edited from the first draft copy received.
Planner Saunders noted the next draft would include information from the discussions by the Board and what choices were made regarding the appendix would not affect the content of the
chapter. President Pomnichowski responded the steering committee had also been asked to review the goals and implementation policies early in their discussions to provide additional
feedback for Staff.
Review and discussion of Chapter 15: Subdivision Review.
Planner Saunders noted state law mandates the inclusion of subdivision review within the adopted growth policy. He stated the chapter would not have an appendix as there was not a clean
way of separating the information out. Mr. Mehl sought clarification on any additional information Staff would like to include. Planner Saunders responded Staff was happy with the current
document with regard to subdivision statute and changes could be made at the regulation level. Mr. Becker noted the language was not user friendly and sought clarification on Staff’s
ability to clarify statements and still meet state statute. Planner Saunders responded it could be addressed. Mr. Becker sought clarification on where language regarding annexations
was included in the Update. Planner Saunders responded it was currently addressed mainly within the Land Use Chapter and within the public facilities section. Mr. Becker noted forced
annexations and annexations in general should be addressed more specifically within the update. Mr. Henyon sought clarification on how the growth policy was affected by changes in state
statute. Planner Saunders responded due to the overview presented within the Update, unless the change to statute was substantive it would not affect the legality of the growth policy.
Mr. Henyon noted Bozeman is a charter city and sought clarification on how the growth policy was affected by that. Planner Saunders responded that review criteria are consistent across
the state, but there are changes in the interpretation of those review criteria. Mr. Henyon sought clarification on the review process and how to make it more efficient and timely. Planner
Saunders responded the Commission had provided direction to go above and beyond the statute when it came to noticing and opportunities for public comment, but subdivision review still
fell within the mandated time frame.
President Pomnichowski sought clarification on 15.3.2 with regard to the second statement pertaining to the formal abandonment of water facilities except where proof of use is provided.
Planner Saunders responded the language was derived to alleviate the physical occupation of another’s property via the water facility, and the water facilities would be protected if
they were
being utilized. President Pomnichowski noted she had discussed the statement with the water court and they stated it did not comply with the law. She stated she could talk with the water
court to come up with language that would bring it into compliance. Planner Saunders noted to date the clause had only been utilized once by a property owner who did not want the ditch
on his property and it did not continue further than his land, and he did not have a problem with utilizing language developed with the help of the water court. Tom Henesh stated he
would like to see updated language as water rights often do not show up in title reports. President Pomnichowski stated that the Gallatin Users of Water Rights was beginning a project
to map the water rights in the greater Bozeman Area.
Mr. Henesh responded to Mr. Henyon regarding the subdivision review process through the City. He noted that the City works with the applicant to expedite the process as much as possible,
and the extra meetings and opportunities for public comment is effective.
Review of the First Draft of the Updated Land Use Map.
Planner Saunders noted the draft was the compilation of the different mapping exercises with the public, the Planning Board, and Planning Staff. He noted the Board should give direction
on the community core district along East Main Street with the inclusion of part of South Wallace. Mr. Henyon sought clarification on the community commercial district and the TIF district.
Planner Saunders responded the community commercial district was developed before the TIF district was created.
President Pomnichowski sought clarification on the trail system and the regional park. Planner Saunders responded the scope of the map did not make it feasible to include trails. President
Pomnichowski noted the approved plat for Bozeman Deaconess was also not reflected in the GIS layer. Planner Saunders responded the plat had to undergo final plat approval and then experienced
a time delay as the GIS department updated the information.
Planner Saunders noted direction should also be given regarding the boundary at Goldenstein Lane and Patterson Road. He noted it is currently depicted as future urban, but could be reflected
as residential on the map. He stated the property owners had approached Staff to discuss the feasibility of annexation, but at the time infrastructure was a problem which could be mitigated
with the concurrent development of a new water treatment plant which would be based on the number of new users accessing the system. He stated the changing of the designation from future
urban would provide additional land than population predictions would necessitate.
President Pomnichowski sought clarification on what the process would be if the owners developed through the County. Planner Saunders responded the lots would be developed with wells
and septic systems and the County also had different subdivision criteria. Bill Quinn sought clarification on the implications of the different designations. Planner Saunders responded
that the property was still under County jurisdiction with both designations, but the County would refer the applicant to the City in the case of the residential designation to determine
appropriate standards for development.
Mr. Henesh sought clarification on the map and comments he had submitted with regard to the Swensen property and a commercial designation along Valley Center. Planner Saunders noted
Staff were avoiding strip commercial along arterials which is why it was designated as residential in the area. Dawn Smith sought clarification on the school land in the area. Planner
Saunders responded it was currently the bus barn which could also house an elementary school. He also noted the residential designation contained a larger percentage of commercial use
than the previous designation.
Mr. Becker noted there should be some sort of commercial center under the highway. President Pomnichowski noted it made sense to have a commercial district in the area, and that it was
hard to designate the area based on what could happen on the surrounding lots in 8 to 10 years. Rob Pertzborn stated he understood getting away from strip commercial development, but
with the noise factor in the area the residential designation did not make sense to him. Mr. Henesh added the fact that Baxter Creek turning into a four lane road wasn’t encouraging
the movement of housing in the area. Mr. Henyon stated he is in support of Mr. Henesh’s request.
Mr. Henyon sought clarification regarding the area south of town around the Gallatin Range. Planner Saunders responded water pressure for fire suppression was one of the largest concerns
for the area. Mr. Henyon noted another community commercial node should be included in the area. Planner Saunders noted that the intersection of Fowler and Patterson makes sense, but
the current map depicts the area as future urban which would allow for either commercial or residential to be developed in the future. Donna Swarthout noted the sector did have limited
commercial designations. Mr. Quinn noted depicting the intersection differently could work against the desire for infill projects and would prefer to leave it as future urban. President
Pomnichowski noted the Meadow Creek is just to the north of the area. Mr. Henyon added the state has begun the expansion project South 19th Avenue. Mr. Becker noted changing the designation
from future urban gives a better idea to land owners of what to expect for the area. Planner Saunders noted the commercial district would probably be a smaller district. Ms. Smith sought
clarification on the designation east of 19th and Kagy. Planner Saunders responded it was residential mixed use.
Ms. Smith sought clarification on the Downtown community core only going to Wallace instead of further to the east. Planner Saunders noted Broadway is the next logical base point, and
if the Board is agreeable to extend the district to include the area between Wallace to Broadway, south of Mendenhall. Mr. Henyon sought clarification on the border of the Neighborhood
Conservation Overlay District. Planner Saunders responded it ended at Broadway. Mr. Becker sought clarification on the boundaries of the TIF district. Planner Saunders responded it ended
at Broadway as well. President Pomnichowski noted she would support the change. Mr. Pertzborn sought clarification on why it wouldn’t move further west. Planner Saunders responded buildings
like the Courthouse and the Willson School shifted the character as well as the smaller stores and houses which had been converted. Mr. Pertzborn noted the area of 7th and Main is worth
consideration. Planner Saunders noted a different type of district could be established, but it would be different than the community core. Mr. Henyon noted a roundabout at the intersection
of Main and North 7th would support the idea of moving downtown further west. Planner Saunders noted additional right of way would be needed to do that. President Pomnichowski
noted the North Seventh plan addressed some of the concerns of the Board. Mr. Becker noted many different economies are at stake with the designation. He noted the N 7th area did not
need to be downtown, but a designation change should take place. He noted parking requirements were too high for the area. Planner Saunders noted the growth policy map was not necessarily
the impediment to adoptable change in the area. He noted an advanced policy was needed to support a given change, and the Board’s discussions would lead to discussions regarding policy
level changes.
Mr. Henesh sought clarification on the change of the Norton Properties which is currently BP to residential mixed use on the growth policy map. Planner Saunders responded looking at
the overall area and what makes sense to the community as a whole as well as the state access management plan resulted in the change. Mr. Henesh noted he would like the updated map to
reflect either BP or a commercial designation. Planner Saunders responded the changes made to the designations changed the feel of BP districts and affected the locations currently designated.
Mr. Henyon noted he felt a BP designation would be a good fit for the area with the surrounding healthcare facilities, and he noted that a residential designation does not fit well close
to Huffine. Ms. Smith noted the residential designation moved away from a strip commercial corridor. Planner Saunders added a linear commercial district required more travel and less
walkability. President Pomnichowski noted she does not like changing the designations so drastically. Mr. Mehl stated if it was surrounded by residential districts, BP would be more
appropriate than community commercial. Planner Saunders noted an access management plan is not a business model, but contains destination points such as a large commercial complex like
Smith’s. President Pomnichowski noted the area would have access through the signalized intersection. Mr. Becker noted he agreed with Staff’s direction previously given to Joe Billion.
Planner Saunders sought clarification on the direction given by the Board. Mr. Becker sought clarification on the reclassification of the community core and Chris Naumann’s support.
Planner Saunders responded Mr. Naumann did not have any objections with the changes discussed tonight. Mr. Quinn sought clarification on the addition of the Goldenstein and Patterson
Road area. It was agreed to extend the residential boundary as well as looking at the community commercial node at Fowler and Patterson.
Mr. Henyon noted he was in agreement with Mr. Henesh’s request regarding the Swensen property. Ms. Swarthout noted she was as well. Mr. Quinn sought clarification on the commercial designation
being on both sides. Planner Saunders responded a small commercial node was different than the entire area which would be undesirable from Staff’s perspective. It was clarified the entire
property would not be designated commercial only the portion by the bus barn from N 27th Ave to Westlake Rd. Mr. Pertzborn noted he had previously looked at the property with regard
to water and sewer and noted it would be an extensive project to hook up to City services. President Pomnichowski stated the community commercial mixed use for the parcel was satisfactory
to her and she did not feel it would change the character of the district.
ITEM 5. NEW BUSINESS
President Pomnichowski noted that the manufactured housing community had organized a
meeting for Friday, September 5 at 3:00 p.m. with the location to be decided. She encouraged Members to attend if they could.
Mr. Henyon noted he would not be able to attend the October 21 meeting.
Mr. Becker noted that the Commission is taking a tour on September 8, 2008 to discuss issues such as fences, lot sizes, double fronted lots, and lighting.
ITEM 6. ADJOURNMENT
Seeing there were no further issues before the Board, President Pomnichowski adjourned the meeting at 9:28 p.m.
__________________________________ __________________________________
JP Pomnichowski, President Chris Saunders, Assistant Director
Planning Board Planning & Community Development
City of Bozeman City of Bozeman