Loading...
HomeMy WebLinkAbout05-02-06 Planning Board Minutes.doc THE CITY OF BOZEMAN PLANNING BOARD TUESDAY, MAY 2, 2006 MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE President JP Pomnichowski called the meeting to order at 8:00 p.m. and directed the secretary to record the attendance. Members Present Staff Present Brian Caldwell Susan Kozub, Associate Planner Randy Carpenter Andrew Epple, Director, Planning and Community Development Mike Hope Carol Schott, Recording Secretary Dave Jarrett JP Pomnichowski Caren Roberty Ed Sypinski Erik Henyon Visitors Present Greg Schatz Chris Ferko Carol Patterson Doug Alexander Gary Tschache Jessica Hansen Bryan Kelsey Dan Alexander Duane Lapinski Carl Solvie Leo Keller Donna Keller Marcia Youngman Ted Lange Rob Pertzborn Camden Easterling 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.} President Pomnichowski called for public comment on any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Hearing none, she closed the public comment portion of the meeting. ITEM 3. MINUTES OF APRIL 18, 2006 President Pomnichowski called for corrections or additions to the minutes of April 18, 2006. Hearing none, she declared the minutes approved as drafted. ITEM 4. PROJECT REVIEW Major Subdivision Prel. Plat Application with variances - #P-06014 - (Loyal Garden). A Major Subdivision Preliminary Plat Application with variances requested by the property owners, Covenant, LLC, represented by TD&H, Inc. and Intrinsik Architecture, to allow the subdivision of approximately 75 acres into 139 single and two-household residential lots, 15 mixed multiple household residential and office lots, parks, open spaces, streets, and alleys. The property is legally described as Tract 1 of Certificate of Survey No. 24 and all of the parcels of Certificate of Survey No. 25, located in the NE ¼ of Section 16, T2S, R5E, PMM, Gallatin County, Montana. The property is still in the Gallatin County Bozeman Area Zoning District, but has been approved for annexation to Bozeman City Limits with a mix of zoning designations including R-1, R-2, R-3, R-4 and R-O. (Kozub) Associate Planner Susan Kozub presented the staff report, described the variances requested, noted certain conditions, and the Staff recommendation of conditional approval. She also noted one letter has been received in opposition to the sidewalk variance. Rob Pertzborn, Intrinsik Architecture and applicant’s representative, introduced several members of the design team. He described the proposal briefly. President Pomnichowski OPENED THE MEETING FOR PUBLIC COMMENT. Leo Keller, 3599 Cottonwood Road, asked if there would be an access onto Cottonwood Road from the new subdivision, why are they already working there when the plan hasn’t been approved, and if they are on city services. Ted Lang, GVLT, commented on the trails in the proposal, noting they offer potential for future connections. He noted the main changes GVLT would like to see are listed in his handout, which was distributed. He noted GVLT generally supports trails instead of sidewalks in certain circumstances, such as these proposed. He described their preference for trail widths of 10 feed and the rationale for that recommendation. President Pomnichowski called for further public comment, and hearing none, she CLOSED THE PUBLIC COMMENT PORTION OF THE MEETING. Planner Kozub described and indicated on the plat the accesses for the development. She noted the subdivision will have full City services. She referred the question of the current work being done to the applicant. Mr. Pertzborn noted they moved the evergreens early in the spring and scattered they along Huffine Lane. Timing was critical for moving the trees and the stream. Mr. Caldwell asked the applicant if conditions #5 and #18 could be both satisfied. Mr. Pertzborn explained their rationale for locating the lift station next to Huffine Lane. Planner Kozub noted regardless of its location, it would be near some residential units. Mr. Hope asked what percentage of the traffic will take the right turn onto Huffine Lane. Keith Waring, TD & H, referred to the traffic study. He stated the traffic engineer had changed the percentages following a concern of City Engineering Staff. Mr. Hope asked if the traffic from the adjacent subdivision had been included in the counts for the Loyal Garden Subdivision. Director Epple noted these counts would be included in a future development’s traffic impact analysis. Mr. Carpenter asked if there was a buffer between the linear park and Cottonwood Road. Planner Kozub noted there were existing plantings along the stream/ditch corridor. She also noted the City is not the owner of the ditch. Mr. Carpenter asked when the signalization improvements would be made, and who will pay for them. It was noted that this developer will pay for them and the signals will be installed with the improvements. Mr. Waring noted that First Security Bank has signed a waiver of right to protest the signalization improvements. Methods of paybacks were discussed. Mr. Carpenter asked why the DRC would recommend concrete for the trails. Planner Kozub noted it is only for the trails in lieu of sidewalks that are required to be concrete. She noted the trail and sidewalk would be combined only in the narrower areas. Mr. Carpenter asked if anyone has considered lighting trails. Mr. Pertzborn noted he has considered the idea, but hasn’t made that decision as of yet. He noted it will be a meandering sidewalk/trail with a boulevard of changing widths. Mr. Henyon asked for a statement of the hardship for the second variance requested. He noted with the improvements, the level of service at peak hours is level D. Mr. Waring explained the differences in Level C and Level D classifications. Planner Kozub stated Staff doesn’t feel there is a hardship and the variance isn’t justified. Mr. Henyon asked how the street would be constructed. Mr. Pertzborn described the street section. Mr. Caldwell suggested they rethink the street name for Destiny Drive. Mr. Jarrett asked if the applicant had any issues with any of the conditions. Mr. Pertzborn noted they have none to argue tonight. He noted they have held discussions with the City regarding the Cottonwood access between the R-O lots. President Pomnichowski asked if a floodplain delineation had been completed. Mr. Waring noted it has been completed. He described the water inlets and flooding potential. President Pomnichowski clarified that the flooding of the ditch/stream has historically stayed within the ditch banks. She noted there is a 50 foot setback along Baxter Creek. Mr. Waring noted that the existing building lies within the setback. Planner Kozub noted the lot contains the stream setback. She noted that through the review of development of the large lot, new structures would not be permitted within the setback. President Pomnichowski asked why a relaxation wasn’t requested. Director Epple noted the issue isn’t included in the UDO. President Pomnichowski asked if all the permits were in hand for working on the stream/ditch. Mr. Pertzborn noted the permits have been granted. Mr. Waring noted the ditch/stream channel will carry as much or more water than in the past. President Pomnichowski asked if the applicant’s had a problem with the condition preventing basements within the subdivision. Mr. Pertzborn noted they did not and it will be a plat notation. President Pomnichowski asked for Staff’s position on the placement of the lift station. Planner Kozub discussed Staff’s rationale on requiring the lift station to be located further to the south away from the major entryway corridor. President Pomnichowski asked if a fire station would be located within the subdivision. Planner Kozub noted there was no discussion to that effect during DRC. President Pomnichowski noted she was glad to see that Golden Gate Street did not intersect with Huffine Lane. She asked if there was a need for a waiver of right to protest the maintenance of the lift station. Planner Kozub noted Engineering Staff felt conditions covered the concerns. President Pomnichowski noted she didn’t see the hardship for the second variance requested and she appreciated that the variance was eliminated due the combination of the trail and sidewalk. She asked when the Huffine Lane/Cottonwood Road intersection improvements would be completed. Planner Kozub noted they would be done with the first phase and referred to the conditions. President Pomnichowski asked if the permit has been obtained. Mr. Waring noted they have submitted a letter for the permit, but he was unsure it was in hand yet. He noted the signalization of Huffine Lane/Cottonwood Road has to be approved by MDT. He stated he felt the permit would be obtained within a few weeks. Mr. Waring noted MDT has given verbal approval to the preliminary design and TD & H is accumulating the materials to apply for the actual permit. President Pomnichowski recommended that the intersection improvements be done at the beginning of the development of the first phase. Planner Kozub noted the code provisions listed on page 10 of the Staff Report. Mr. Henyon noted his concern is that MDT might determine the left turn signal isn’t warranted; however, he felt the signal is needed immediately. Mr. Waring noted the decision will be made by MDT. He noted there is a dedicated left turn lane for both North and South Cottonwood Road. Mr. Pertzborn asked for comment from the Board on the detention pond. Mr. Henyon stated he would rather let the engineers determine where the lift station would be located. President Pomnichowski noted the first variance requested has an either/or statement. She noted she supported the first variance request. MOTION: President Pomnichowski moved, Mr. Henyon seconded, to change the last sentence in condition #9 to read, “The final plat shall include a notation that due to high ground water conditions full or partial basements or crawlspaces are not permitted.” Mr. Jarrett noted he would not support the motion. Mr. Caldwell noted the recommended condition is adequate as the foundation design can be achieved. Mr. Henyon noted he might have a problem with including crawl spaces in the restriction. Mr. Hope noted he would leave it up to the expertise of staff and he wouldn’t support the motion. Mr. Jarrett noted the notation would be placed on the plat and the Building and Engineering Departments would be involved in the review and approval of any proposed crawl space or basement. He noted he has two homes with basements below the ground water and they are dry and livable. MOTION: President Pomnichowski moved, Mr. Henyon seconded, to amend the motion to delete sentence #1 in condition #9. The motion with the friendly amendment failed on a 1-7 vote with President Pomnichowski voting for it and the rest of the Board against. MOITION: Mr. Jarrett moved, Mr. Henyon seconded, to eliminate the first sentence in condition #5. Mr. Henyon noted he was comfortable that the project engineer’s decision was best. The motion carried 8-0. Ms. Roberty asked the minutes reflect that the Board supported the idea that stormwater discharge into the irrigation facility. MOTION: Mr. Jarrett moved, Mr. Caldwell seconded, to recommend approval of application #P-06014 with Staff conditions as amended. The motion carried 8-0. ITEM 5. OLD BUSINESS Mr. Jarrett recommended that the Board push the City Commission to get the UDO revisions through their review and get them codified. Director Epple noted the City Commission completed their work on the last recommended revisions at the last meeting, and staff is now preparing the ordinance and Staff Report for formal review and hearings. Mr. Hope thanked Director Epple for the traffic memo. He predicted that Cottonwood Road and Huffine Lane will be a disaster in 5 to 8 years. He stated there has to be a better way to do the street improvements. Mr. Henyon noted it seems the traffic issues always point to MDT. He stated the City needs to get aggressive with MDT and get the traffic issues resolved. Director Epple stated there are indeed traffic issues, and that City Engineering and MDT are always interested in constructive comments on improvements. Mr. Henyon noted traffic is a “train wreck” in and around Bozeman. President Pomnichowski reported that at the TCC meeting specific projects were discussed, not the area as a whole. Mr. Hope noted when he gets bogged down in his business, he finds a better way to do it. He stated he felt there is a better way to handle traffic in Bozeman. He stated he wants the Planning Board to be involved in finding solutions to traffic issues. President Pomnichowski noted that the City is behind in making traffic improvements. She stated she felt every intersection should be operating at a Level C or better; however, there has to be a better way to get those improvements than currently being used. Mr. Jarrett stated 99% of the time the City reacts to issues rather than being proactive. He noted all developers don’t have the wherewithal to do the improvements. Mr. Carpenter noted he felt the Transportation Plan is a good document. He stated he didn’t feel traffic was a train wreck. Mr. Henyon noted the study completed last year indicated that traffic was the number 1 issue for citizens of Bozeman. Mr. Caldwell noted without MDT to control the construction of state and federal highways, there would not be any of those highways. Mr. Henyon noted any intersection without right and left hand turn lanes are dangerous. Discussion ensued on how to improve intersections for safety issues. Mr. Hope noted he would like to look at the bigger picture of a development and the improvements required to be completed prior to the first home or business being constructed. Director Epple reported on the projects City Commission approved at the last meeting using Impact Fee money towards the cost of making those improvements for the betterment of the City. Mr. Hope noted the Board can make decisions to move traffic more smoothly. President Pomnichowski reported on the joint City/County Planning Board meeting. She noted four members from each Board will meet to determine what the City and County Commissions have expressed they want to jointly accomplish and how the Boards can facilitate those actions. ITEM 6. NEW BUSINESS President Pomnichowski announced a special meeting for a UDO amendment to allow a new Neighborhood Mixed Use Zoning District and ideas for fine tuning City policies. The meeting will be noticed as a special meeting on May 10, 2006 at the Courthouse; therefore there will be no issues with a quorum attending. Mr. Caldwell noted he has an electronic version of the material from Ms. Youngman and would share it with all members. ITEM 7. ADJOURNMENT There being no further business to come before the City of Bozeman Planning Board, the meeting was adjourned at 9:55 p.m. _______________________________________ __________________________________________ Andrew Epple, Director JP Pomnichowski, President Planning and Community Development City Of Bozeman Planning Board