HomeMy WebLinkAbout12-19-06 Planning Board Minutes.doc
** MINUTES **
CITY OF BOZEMAN PLANNING BOARD,
TUESDAY, DECEMBER 19TH, 2006
7:15 P.M.
ITEM 1. CALL TO ORDER AND ATTENDANCE
President JP Pomnichowski called the meeting to order at 8:57PM and directed the secretary to record the attendance.
Planning Board Members Present: Members Absent:
JP Pomnichowski, President Erik Henyon (excused)
Brian Caldwell
Ed Sypinski
Caren Roberty
Dave Jarrett
Randy Carpenter
Steve Kirchhoff, Commission Liaison
Zoning Commission Members Present: Members Absent:
JP Pomnichowski, President Peter Harned (excused)
Nicholas Lieb
Nathan Minnick
Warren Vaughan
Sean Becker, Commission Liaison
Guests Present:
Bonnie Secor Brian Hamer
Lisa Ratto Donald M. Price
Mary Price Jami Morris
Monte Baker Blair McGavin
Karen Sheady Keith Belden
Dennis Foreman Emily Perkins
Cordell Poole Bill Louis
Alfred Scheer Ty Traxler
Jessica Jellison Steve Roderick
Marty Lambert Stacy Jackson
Ron Slade Ray Van Hall
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 none, JP Pomnichowski closed this portion of the meeting.
ITEM 3. MINUTES OF DECEMBER 5TH, 2006
Seeing there were no changes or addition to the minutes for December 5th of the Planning Board, President Pomnichowski stated the minutes will stand as written.
ITEM 4. JOINT REVIEW WITH THE ZONING COMMISSION
Title 18, Unified Development Ordinance – Proposed Amendments. Revisions include suggestions collected during the open public comment process and amendments proposed by staff, directed
to move to formal amendment by the City Commission. This is the completion of the UDO edits from 2004. (Windemaker/ Saunders)
1:28:36 [20:20:19] Staff Report
Contract Planner Lanette Windemaker gave the staff report. She stated there has been no written or verbal comment submitted. She closed by stating the advisory boards will only be voting
on the changes requested from the last session.
1:30:24 [20:28:09] Public Comment
Seeing there was none, Ms. Pomnichowski closed this portion of the meeting.
1:42:43 [20:28:47] Discussion
Commissioner Kirchhoff noted that to his recollection, there was no decision made during the last session as to whether or not restaurants in the M1 district become a permitted use instead
of a conditional use. Ed Sypinski stated it was the consensus of the board last week to keep restaurants in the NEHMU district, not M1, as a conditional use. Warren Vaughan asked Mr.
Caldwell to elaborate on his view points during the last meeting regarding this issue.
Brian Caldwell noted that if the city were to keep this as a conditional use in that district, the applicant would have to go before the Board of Adjustments. If the City were to make
it a permitted use, it would only have to go before the City Commission. Mr. Vaughan stated that in order to stay in compliance with the walk-able communities described in the 2020 plan
growth policy, the board would have to be in favor of approving a restaurant as a permitted use in this district.
Warren Vaughan motioned to amend Chapter 18.24.020, Section B of the UDO, to allow restaurants under 1,500 square feet as a permitted use in the NEHMU district. Motion seconded by Steve
Kirchhoff. Those in favor being Warren Vaughan, Steve Kirchhoff, Brian Caldwell, Ed Sypinski, Caren Roberty, Dave Jarrett, Nicholas Lieb, Nathan Minnick, and Randy Carpenter. Those against
being JP Pomnichowski. Motion passed 9-1.
Caren Roberty stated she wanted to make a decision on the point system in Section 18.36.090 in regards to affordable housing. She commented she would like the language to state developers
will receive 4 points for each donated residential unit, 1 point for a 'build ready' donated lot, and 1 point for each dwelling that will maintain its affordability status in 20 years.
The change would give the
developer more points if they donated a home for affordable housing.
JP Pomnichowski motioned to adopt these changes, seconded by Ed Sypinski and Steve Kirchhoff. Those in favor being JP Pomnichowski, Brian Caldwell, Ed Sypinski, Steve Kirchhoff, Nicholas
Lieb,
Nathan Minnick, Warren Vaughan, Randy Carpenter, and Caren Roberty. Those against being Dave Jarrett. Motion passed 9-1.
Warren Vaughan motioned to adopt all the changes to chapter 16 of the UDO, seconded by Brian Caldwell. Those in favor being Warren Vaughan, Nicholas Lieb, JP Pomnichowski, Nathan Minnick,
Brian Caldwell, Dave Jarrett, Caren Roberty, Ed Sypinski, and Randy Carpenter. Those against being Steve Kirchhoff. Motion passed 9-1.
JP Pomnichowski noted she would like to amend Section 18.14.010, Section B which references the new UMU district and since it does not exist yet, she would like to have that new Urban
Mixed Use District removed from that section of the UDO until it becomes a standard zoning district. Brian Caldwell stated he was of the opinion this should stay as a new edit to the
UDO since this is the direction the City Commission is moving towards. Ms. Pomnichowski responded this does not mean
she is not supportive of this, but there is no definition and it would be difficult for the public to understand.
Chair JP Pomnichowski moved to strike the UMU District from Section 18.14.010, Section B from the UDO, seconded by Ed Sypinski. Those in favor being JP Pomnichowski, Steve Kirchhoff,
Ed Sypinski, Warren Vaughan, Randy Carpenter, Caren Roberty, Dave Jarrett, and Nathan Minnick. Those against being Brian Caldwell and Nicholas Lieb. Motion passed 8-2.
Ed Sypinski motioned to accept all the recommended changes to the UDO edits and to forward these to the City Commission, seconded by Dave Jarrett. Those in favor being Ed Sypinski, Dave
Jarret, JP Pomnichowski, Steve Kirchhoff, Caren Roberty, Brian Caldwell, Randy Carpenter, Warren Vaughan Seconded. All in favor, motion passed unanimously 9-0.
ITEM 5. PROJECT REVIEW
1. Preliminary Plat Application #P-06056 (Saccoccia). A Preliminary Plat Application requested by
the owner and applicant, Saccoccia Lands II, LLC, and representative, Keith Belden from
Morrison-Maierle, Inc., to subdivide 23.23 acres into 5 lots for commercial uses and 1 open space
lot. Three variances are requested. This property is legally described as Tract 2B, COA 1215G,
located in the northwest one-quarter of Section 1, T2S, R5E, PMM, City of Bozeman, Gallatin
County, Montana. (Sanford)
1:51:18 [20:51:30] Staff Report
Senior Planner Jody Sanford presented the staff report. She noted the applicant is requesting three variances; a variance from private access, a variance to terminate Tschache Lane west
of the Walton stream ditch, and a variance from installing sewer main improvements. The applicant wants these improvements deferred to site plan approval for the designated two lots.
Ms. Sanford noted the Planning Staff does not support any of the variance requests. No public comment has been received to date. Staff and DRC are recommending conditional approval as
listed on pages 15 and 16 of the staff report.
1:54:58 [20:51:48] Questions for Staff
Dave Jarrett asked staff that according to his recollection, the applicant was going to go all the way to the Walton Stream Ditch to which Ms. Sanford replied that was for a different
applicant, PT
Lands and could not comment on that.
1:56:42 [20:51:52] Applicant Presentation\
Keith Belden representing Dr. Phillip Saccocia Jr. and MMI in Missoula. He stated they have no disagreement with the conditions listed by staff, however he clarified that the variance
regarding the Walton Stream ditch by stating this issue will be addressed only after everything else is completed with this project. He added this is just the mechanics of getting the
improvements agreement in place. The City will be assured this bridge and completion of these improvements will be done. Regarding condition four, he added that with the Lowe's project,
they did build a gravel path and noted his applicant only wants to continue this through their property. Mr. Belden stated on condition three, it is problematic for the City because
there is a lack of open space and what they would like to do is modify the open space and shift it around on this parcel to allow the open space to be in proportion to the parcels. He
is hoping that some of these conditions can be modified as the project develops.
2:00:39 [20:55:36] Questions for Applicant
Dave Jarrett asked if there will be access on the South side of this property to enter Lowe's. Mr. Belden noted there will be no joint shared access, but they will share utilities.
2:01:41 [20:57:23] Public Comment
Seeing none, Chair JP Pomnichowski closed this portion of the meeting.
2:01:53 [21:01:38] Discussion
Randy Carpenter asked how Planning Staff feels about the suggestion of the open space lots by sliding the alignment of these lots. Ms. Sanford stated that staff can work with Mr. Belden
on this matter. She noted that with the trail along Tschache, staff is only recommending a ten foot wide shared use path which normally the applicant would be required to put in a city
standard sidewalk therefore putting in a gravel path instead, would be another variance and they did not advertise for this.
Keith Belden stated they will follow the gravel path that is in place currently and want to continue it's meandering route through their property.
Brian Caldwell asked Planner Sanford about the issue with the intersection at 15th being a level of service D and asked if this application will help with improvements needed at this
area. She responded that a traffic impact study was conducted and noted there are intersection issues. Ms. Sanford stated the engineering department added a condition that will make
all property owners adjacent to this intersection rectify this so each applicant will receive equal treatment.
2:02:55 [21:01:45] Motion and Vote
Steve Kirchhoff moved to recommend approval of Preliminary Plat Application #P-06056 with conditions outlined by staff and modifying condition three at a later time. The motion was seconded
by Randy Carpenter. Those in favor being Steve Kirchhoff, Randy Carpenter, JP Pomnichowski, Caren Roberty, Brian Caldwell, Dave Jarrett, and Ed Sypinski. Motion passed 7-0.
Chair Pomnichowski noted this application will go before the City Commission on January 8th, 2007.
2. Preliminary Plat Application #P-06063 (Ridge). A Preliminary Plat Application requested by the owners Gallatin Valley Health/Fitness and Bozeman Deaconness Health Services, and applicant,
Ridge LLC, and representative, Jami Morris, to subdivide 11.26 acres into 8 lots for Planned Unit Development and 1 open space lot. This property is legally described as Lot1, Minor
Subdivision No. 295, Spring Creek Village Resort and Lot 2-D, Minor Subdivision No. 365A, City of Bozeman, Gallatin County, Montana. (Knight)
2:09:02 [21:02:27] Staff Report
Planner Martin Knight gave the staff report. He stated the proposed uses are medical offices, daycare center, restaurants, car wash and potential residential space. He noted there are
no unresolved issues and have not received any public comment to date. He closed by noting City Staff is recommending conditional approval as outlined in the staff report.
2:11:41 [21:02:40] Applicant Presentation
Jami Morris representing the Ridge Athletic club noted the applicant is looking at having a cohesive development between these two zoning designations; commercial and office space. This
application is running concurrently with a PUD proposal. Ms. Morris noted the larger lot is the proposed open space and common parking area. She closed by stating both she and the applicant
are in agreement with the conditions given by City Staff.
2:13:15 [21:09:54] Public Comment
Seeing there was none, President JP Pomnichowski closed this portion of the meeting.
2:13:26 [21:09:58] Discussion
Mr. Dave Jarrett asked Jami Morris if the applicant has any problems with the conditions and Ms. Morris replied the conditions given were standard and her client does not have any problems
with the staff recommendations.
Mr. Randy Carpenter noted the relaxations in the PUD proposal seem to be quite significant. He asked Ms. Morris if the applicant had discussed seeking a zoning designation like the new
UMU zoning district being proposed in the UDO update. She responded by noting she has worked with the applicant to remove the proposed restaurant and car wash. The other uses do not
vary dramatically and have chosen to now not do any large scale retail, but rather on a smaller scale.
Planning Director Andy Epple stated the applicant asking for relaxations is a tool to get to the place of the new UMU district. These applicants were willing to come forward with a PUD
that had a mix of uses that compliment each other and mix well with the rest of the community.
2:13:26 [21:12:52] Motion and Vote
Mr. Jarrett moved to recommend approval of Preliminary Plat Application #P-06063 with conditions as listed by staff, seconded by Brian Caldwell. Those in favor being Dave Jarrett, JP
Pomnichowski, Brian Caldwell, Caren Roberty, and Steve Kirchhoff. Those opposed being Ed Sypinski and Randy Carpenter. Motion passed 5-2.
3. Subdivision Pre-Application #P-06064 (Mandeville Creek). A Major Subdivision Pre-Application requested by property owner, Edward Wachs, and applicant, Tracy Poole, and representative,
Ron Slade to allow the subdivision of 79.98 acres into 194 single household lots, 32 multi-household lots, and 9 lots of dedicated park/open space areas on property legally described
as SW4 NW4 & NW4 SW4, Section 24, 2S 5E, Less RW 79.27, City of Bozeman, Gallatin County, Montana. (Saunders)
2:19:49 [ ] Staff Report
Assistant Planning Director Chris Saunders gave the staff report. He noted this Pre-Application is an opportunity to look at concepts and issues in advance of a formal application. This
property is adjacent to the City on the East and West and City Services are close to the area but this project would require some extensions to serve the site. Mr. Saunders stated the
parkland proposed is adjacent to park property in the Allison Subdivision. There will be a need to look carefully at the intersection crossing at Graff as this development progresses
because it is of significant concern. The comments from DRC and PRAB submitted comments but none that would substantially change this project. He noted that since this is a pre-application,
there has been no formal public notice and therefore no public comment. This property has been approved for Annexation, but it has not been finalized and confident this will happen prior
to the final application.
2:26:14 [21:14:28] Questions for Staff
Mr. Ed Sypinski asked Mr. Saunders if the park depicted in the application be considered to be a regional park due to its size. Mr. Saunders answered it will be a local park for this
subdivision, but not a regional park.
Mr. Randy Carpenter asked what the building code restrictions were from the DRC comments submitted. Mr. Saunders replied these restrictions did not change the block configuration, but
added there was a recent change in the international building code that the entire state adopted which detailed how one can build, but not over a lot line. It was simpler to plat it
this way at this point. This will not change the total number of dwelling units in this application. Mr. Carpenter asked if staff liked the original layout. Mr. Saunders stated it gave
some flexibility to the developer and owner for lot sizes and that worked for the planning department.
Mr. Brian Caldwell noted that modular lotting in previous applications were an issue due to fire safety. Mr. Epple responded they were a fire safety hazard only because the number of
water/sewer lines are unknown at this time, but keeping this modular lotting concept could be worked out before the final platting process. He noted the applicant is only exploring this
option at this time. Mr. Jarrett added that these city service issues are easy to resolve and there are many options when the streets have not been paved.
Ms. Caren Roberty noted she favored the first plan layout with the octagon shaped park and noted she was not a big fan of the grid layout. She asked Mr. Saunders if there was some flexibility
in designing this with the possibility of adding some curves. Mr. Saunders replied that with an 80 acre site, changing the design would have its ripple affects. He noted this has potential
and drivers can easily move in traffic with a 90 degree turn instead of being blind-sided. He stated that with nice square blocks, you end up with nice street frontages.
2:38:43 [21:20:13] Applicant Presentation
Ron Slade from Bechtle Slade Architects thanked Mr. Chris Saunders for his professional and accessible contribution to this project. He noted they are comfortable with the preliminary
design as well. Most early century homes were platted within a grid system under 25 foot lot width. Mr. Slade stated that at DRC, if they changed this layout, it would be a conflict
due to the building code. This grid gives them a chance to mix in the affordable housing issue. His client did not want to argue the fact the octagon shape would not work. He closed
by stating the City has done an outstanding job of directing applicants on how to build a great community. It is our contribution to the Bozeman's grid system with front porches and
garages in the back.
2:52:00 [21:20:17] Questions for Applicant
Brian Caldwell stated it seems somewhat unfortunate that the design portion was washed away for safety reasons in this application. He noted he liked the original octagonal shape concept
and design of this development. Ron Slade commented the octagon design has helped them achieve their goals, but although we lose the original design, the grid system is what Bozeman
was originally started on. Their thought is to add 10% of this project would be an affordable housing contribution and the way to achieve this is by grid system with 25 foot lot widths.
Randy Carpenter referenced comments from the DRC and asked if Mr. Slade disagreed with the breaking up of blocks 8 & 16 with cross streets. Ron Slade replied this is the one condition
he would like some flexibility with and possibly reconsidering this condition in the next application, but is generally in agreement.
Mr. Caldwell noticed the longer block lengths than what is allowed with the UDO. He asked what their feeling is about the traffic speed connected with these longer block lengths. Mr.
Slade responded that some of these blocks will work with traffic and some will not. He added that the street standards in this application follow the allowable UDO requirements.
Mr. Carpenter asked what sort of creek flow would the City be looking at with this project. Mr. Cordell Poole, civil engineer for this project noted this has a buffer of wetlands. It
will be a wide meandering strip and the watercourse setbacks start from the wetlands and is the kind of feature they are looking at. He noted that at the north end are three storm water
detention basins and could slightly infringe on these watercourse setbacks though slight. All the rest of the storm water will drain into the sewer system.
2:52:52 [21:27:32] Public Comment
Seeing there was none, JP Pomnichowski closed this portion of the meeting.
2:53:05 [21:40:16] Discussion
Chair Pomnichowski really liked the redesign. She noted that although the original street layout was interesting, it seemed very dangerous for children in the park who would be likely
to run across these streets to meet up with their friends. Ms. Pomnichowski noted she is in favor of the grid layout because it is like the area around 3rd and Koch. She stated she is
hopeful that they keep in alignment with the Allison Subdivision. She is very concerned with the double fronted lots along 19th Avenue and was not sure how livable these residences this
would be. Cordell Blue responded those homes will have access to their garages off of 18th. Ms. Pomnichowski stated the stream corridor right through the middle is a nice feature, but
suggested it should not become a 100 foot hallway of eight foot fences on both sides. She added this should be put into the covenants and home-owners agreement stated they could put
natural shrubbery or three foot high fences. She noted they could plant along side of the double fronted lots along these arterials so traffic is not looking into someone's backyard.
She would like to see more space added between the intersection of Graff and 19th from 18th be larger and should be watched. She asked Mr. Slade how wide the alleyways are and he replied
they are 20 feet wide. Ms. Pomnichowski closed by noting this project is very nicely done.
Commissioner Steve Kirchhoff commented that when looking at the original octagonal plan, it seems that even though this is not perfect yet, it doesn't seem that it would be a difficult
traffic area since it connects to South 19th Avenue. He noted that allowing these long blocks would be fine, however he prefers the first plan and surprised to see the additional submitted
new plan. Mr. Kirchhoff noted it was unclear which plan the GVLT comments were in reference to. GVLT suggested they add some pedestrian islands in order to navigate children and bicycles.
Mr. Saunders noted the GVLT comments were directed to the original plan. Mr. Kirchhoff hoped there is a way to allow modular lotting to occur because it is what the city is looking for,
but closed by stating he is not sure how it will work out with the DEQ and the City's building codes.
Ron Slade noted he would be happy to participate on any level to help the City get to this point. He agreed with both Ms. Pomnichowski and Mr. Kirchhoff's comments to revise the plan
and will incorporate GVLT's comments into their formal application.
Dave Jarrett stated he liked both plans. He is concerned about the trail going across 19th as this is a problem with the Allison Subdivision project and noted he is not sure how to resolve
this issue. Mr. Jarrett liked the larger lots and the big regional park. Overall, he thinks this is going to be a good project.
Randy Carpenter liked the original octagon design and was somewhat disappointed when he saw it was revised, but agreed with Ms. Pomnichowski in hopes that they will be able to incorporate
more of an organic appeal with the waterways. He noted he was excited about the opportunity to have this park, but there were some issues with safety and feels these can be dealt with.
Mr. Carpenter liked the 25 foot lot widths. He asked the applicant to please make an attempt to incorporate more storm water run off into the detention ponds so it is not all going into
the stream.
Brian Caldwell commented about the redesign, asking if it their decision was due to fear versus the design. Mr. Carpenter responded that most applicants design on hope, not on fear.
Mr. Caldwell stated the large regional park up north is the better place to put your children, not the original central park. It seems to make more sense to put the parks along Graff
and Arterials however. Mr. Caldwell closed by noting his advice would be to pick the right one from the design aspect of the project and this will ultimately be the right one.
Ed Sypinski stated he liked the idea of designing this in the original fashion, but the City does have a code that needs to be followed. He applauded the idea of building this community
in the layout that the original city of Bozeman was done in, the grid system.
ITEM 6. NEW BUSINESS
President Pomnichowski made a motion to elect officers for the next term of the Planning Board.
Ed Sypinski moved to reappoint JP Pomnichowski as President and Chair of the Planning Board, seconded by Caren Roberty. All in favor, motion passed unanimously.
Ed Sypinski moved to reappoint Dave Jarrett as Vice President, seconded by Steve Kirchhoff. All in favor, motion passed unanimously.
Ms. Pomnichowski made a motion and moved to excuse her absence for the 2007 Legislative Session, seconded by Ed Sypinski. All in favor, motion passed unanimously.
JP Pomnichowski noted that since this was the only item on the agenda for January 2nd, there will be no meeting until January 17th, 2007.
ITEM 7. ADJOURNMENT
Seeing there was no further business before the board, President Pomnichowski adjourned the meeting at 10:16PM.
_______________________________ _________________________________
Dave Jarrett, Vice President on behalf of Andrew C. Epple, Director
JP Pomnichowski, President & Chair Planning and Community Development
City of Bozeman Planning Board City of Bozeman