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HomeMy WebLinkAbout11-21-06 Planning Board and Zoning Commission Minutes** MINUTES ** JOINT MEETING OF THE BOZEMAN ZONING COMMISSION AND PLANNING BOARD NOVEMBER 21st, 2006 7:00PM 0:08:50 [17:18:52] ITEM 1. CALL TO ORDER AND ATTENDANCE Chair JP Pomnichowski called this joint meeting of the Bozeman Zoning Commission and Planning Board to order at 7:04PM and directed the secretary to record the attendance. Zoning Commission Members Present: Zoning Commission Members Absent: JP Pomnichowski, Chair Nicholas Lieb Peter Harned Warren Vaughan Nathan Minnick Sean Becker, Commission Liaison Planning Board Members Present: JP Pomnichowski, President and Chair Brian Caldwell Randy Carpenter Dave Jarrett Caren Roberty Edward Sypinski Erik Henyon Steve Kirchhoff, Commission Liaison Staff Present: Andy Epple, Director of Planning and Community Development Chris Saunders, Assistant Director of Planning and Community Development Martin Knight, Assistant Planner Lanette Windemaker, Contract Planner Kimberly Kenney-Lyden, Recording Secretary Guests Present: Jami Morris, Land Use Planning Consultant Joby Sabol Cory Ravnaas, Hyalite Eng. Keith Belden Shelly Engler Daniel Sommerville, Hyalite Eng. Katryn Mitchell, Hyalite Eng. Marcia Kavenez Craig Mendenhall Chaucer Silverson Glen Monigheth Ray Friesenhahn Jerry Perkins Paul VanOrden 0:09:22 [17:19:38] ITEM 2. PUBLIC COMMENT (0-15 MINUTES) Seeing there was none, Chair Pomnichowski closed this portion of the meeting. 0:09:55 [22:27:25] ITEM 3. ZONING COMMISSION MINUTES OF OCTOBER 17th, 2006. Seeing there were no corrections to be made, Chair Pomnichowski noted the minutes will stand as written. 0:10:10 [17:19:59] ITEM 4. JOINT PROJECT REVIEW 0:10:10 [17:20:05] Informal Application (Story Mill Neighborhood), #I-06030 –An Informal Application requested by the owners, Blue Sky Development, Inc., and applicants, GBD Architects and Hyalite Engineering, LLC, to propose a major subdivision and preliminary PUD plan for 89.696 acres located in the vicinity of 450 Hillside Lane. Additional property in the vicinity of the Stockyards totals approximately 16.887 acres. This informal plan is for a neighborhood commercial core surrounded and in close proximity to a diverse mixture of new and existing residential uses and a pedestrian friendly design plan that will likely encourage walking and biking. (Saunders) 0:10:17 [18:55:13] Staff Report Chris Saunders, Assistant Director of Planning and Community Development gave the staff report. He noted there is a mix of uses planned for this area based on the Bozeman Growth Policy. This area is recognized for its historic blend of activities; the Story Mill was the largest industrial employer back in its day according to Gallatin Valley history, there has been for many years a mixture of industrial and residential uses in this vicinity. Mr. Saunders stated there is a big question regarding North Rouse Avenue and MDOT is looking at rebuilding and redesigning that street. There are many possibilities, but the most likely is the installation of traffic lights at Rouse Avenue & Griffin and at Bridger Drive & Story Mill Road. He added there is a large residential development just north of this property named Legends at Bridger Creek. Mr. Saunders noted the City Commission approved two zoning designations of R2 and R4 on a portion of the project site after it was annexed in October 2006. He closed by stating the applicant is looking for suggestions, recommendations, and advice from both advisory boards to ensure conformity with all zoning and land use ordinances so this project can be developed and whether or not this will be a benefit to the community as a whole. 0:26:00 [19:03:24] Applicant Presentation Cory Ravnaas from Hyalite Engineers and representing Blue Sky Development gave his presentation. He noted they are looking for advice and direction before presenting a formal PUD application. Steve Domries representing GBD Architects from Portland, Oregon presented his sustainable, multi-use community informal proposal. He noted this was planned in conjunction with LEED and is a live/work community. His firm was inspired by the eclectic nature of the styles of the buildings in the Bozeman area. Mr. Domries noted their desire for this to be a LEED pilot project. He added they aspire to achieve the highest rating by using less materials and using or recycling what is already there. Mr. Ravnaas stated the biggest difference is the 65 acres of this project which are now zoned industrial will transition to residential. He added it will be a logical extension of services that are already there. This project will promote the rehabilitation and restoration of the existing Story Mill structures. Mr. Ravnaas noted this hearing is just one example of how we tried to get everyone in the surrounding neighborhood to comment publicly and incorporate their suggestions into this plan. Mr. Domries stated they intend to keep the wetlands in their current place. He noted there will be bike and walking trails within the site. According to their LEED Criteria, they will be putting less pavement in and intend to put natural plants in the surrounding areas. Steve Domries added that Phase 1 will have 33 town homes. He added the Story Mill area will be retail/commercial. This will not be at the scale of Bozeman's current downtown retail area as to not take any of their business away, but it is coffee shop type retail that residents can and want to walk to. Parcel C will bring in retail and commercial. He noted there will be 60 Single family homes surrounding the wetlands. He closed by stating customers, employees, and residents will come in right off of Bridger Drive and into a controlled parking area. 0:34:11 [19:03:58] Questions for Applicant Commissioner Steve Kirchhoff noted this application does not have the breakdown of the proposed commercial activity. He asked how this self contained project will work in conjunction with all the other build-outs in the city and what the connection is to the rest of the development in the City. Mr. Domries answered their goal is to see some additional mass transit with the yellow busses and that there is a mile and a half connection to the downtown area. At the same time, he noted they have a synergy to build along with these historic buildings, incorporating the new designs with the old. Mr. Domries stated his firm did their own market study of this area the outcome was this is a very diverse community. The LEED standards do not allow this project to be a gated community and on an informal scale, there are 1100 homes total in this proposal. He further added this is a ten year project that will be a full scale PUD with retail space totaling 138,000 square feet and 35,000 square feet of office space. It will be split into four components or phases. He closed by stating the vision for this project is a 'Neighborhood Commercial' plan. Chris Saunders noted this proposal is a combination of community commercial and neighborhood commercial. He noted that given the scale of the existing mill buildings and mixed use desired, it would be more appropriate for this to be given a community commercial designation, but sized in acres it will be more like a neighborhood commercial. Steve Kirchhoff asked if neighborhood commercial is part of the LEED program requirements. Craig Mendenhall responded that proximity to services gains a point and it was part of it. Commissioner Kirchhoff then stated that now is an interesting moment to be in Bozeman. He noted he was just uncertain as to how this is going to work. Dave Jarrett commented that the commercial component of this project may not work out because there is an awful lot of commercial or commercial type businesses in that designated area already and wanted to know what type of businesses are going to be in the Story Mill area. He then asked if they would continue to develop the existing walking 'railroad trail'. Mr. Ravnaas stated the Montana Rail Link and design team discussed this and came to the conclusion MRL would probably abandon this right of way and it would remain a trail. Dave Jarrett added he just does not see all the extra commercial business in this area, but the railroad would be a good attribute to these industries. Mr. Ravnaas stated that the history states they could not sell this property due to the railroad going through that portion. Cory Ravnaas noted there is one land owner for this entire project, Blue Sky Development. He added the trailer park sale closed as of one or two weeks ago. Mr. Domries stated they are hoping for small scale commercial and small scale grocery store and hardware store. Randy Carpenter noted the neighborhood LEED program offers points for jobs/housing balance achievement and asked if they can give some insight at achieving these points. Steve Domries stated that if Hyalite Engineering moves his office and employees there, the employees will be given an incentive to move into that area. It is a goal of this project. Erik Henyon noted that the biggest change would be the industrial transition over to residential. He stated this area is being extremely underutilized and asked if there was any industrial use in this area. Cory Ravnaas answered there currently is no industrial use at this time, however there were some tenants last summer, but it's been a few years since there have been larger scale industrial uses in that area. Mr. Saunders stated the Health Department and lack of City Sewer have limited usage to about 25 people, but City services being connected is a big concern for more intensive development. Mr. Jarrett asked about the status of stockyard. Mr. Ravnaas answered they are working diligently with the owner and although she has her own ideas for this property, she is working with them on the growth policy and sees the advantages of their large scale plan. Brian Caldwell asked how they have comes to term with changing the industrial properties to residential since in the past, it was a serious concern of the planning staff. Mr. Ravnaas stated the nature of industrial users has changed over a period of time, what once was a manufacturing company that took a lot of land to operate is now engineering firms, architectural firms, and tech companies that do not need 10-20 acres to operate. Randy Carpenter asked them to define what LEED categories they are trying to trying to achieve points in. Mr. Domries answered onsite energy usage to reduce energy consumption, self supporting energy generation, water recycling, building in a site that needs to be reused and reusing materials, and bringing in an affordable housing component are ways they are looking at in order to gain points. Mr. Domries noted the neighborhood program is only in draft form right now. Ed Sypinski asked if the lighting design is going to be energy efficient. Steve Domries answered they are working on the next part of the plan which is lighting. It will be addressed and the idea is that these lights will be in a design that will fit the Bozeman area, but they will be solar powered. Warren Vaughan asked if they have addressed Rouse Avenue and the transportation upgrade with MDOT. Cory Ravnaas replied they had a productive meeting with them and they were about to issue their final EA, but they had to go back to the drawing board and make sure their conclusions were not affected by this project. Bottom line is this project is slightly more of an impact than what MDOT was anticipating, but both are meshing well. Mr. Caldwell asked if they put thought into bringing the historic hydroelectric energy back with the water wheel. Mr. Domries stated they are looking at the concept. Craig Mendenhall stated they are also reviewing ways to design features that will provide a story to this neighborhood. He added the water wheel is a great component along the trail. JP Pomnichowski asked if they have delineated the floodplains and wetlands. Mr. Ravnaas answered they have and they have designed around the majority of these wetlands and watercourse setbacks. Ms. Pomnichowski noted that the lots that are closest to the wetlands need to be changed and moved away from the edge and then stated she was pleased that they are respecting the wetlands and floodplains. Mr. Ravnaas noted the road connections shown in the proposal are the currently used roads. Mr. Domries stated they would connect a road right across from Story Mill so fire trucks have easier access. Mr. Pomnichowski stated that an access easement for fire would be ideal. She asked how bringing Hillside Lane to the south would affect the residents currently living to the east of this. Mr. Ravnaas replied they have not had any negative comments yet about moving it further south. Mr. Saunders stated extending Hillside Lane to the south will not affect any of the residents living on it and it does not change access to the existing lots. Ms. Pomnichowski noted the applicants should anticipate feedback from the residents once development commences. Chair Pomnichowski noted that in the DRB minutes of the staff report, Mr. Pentecost wanted to know how much of this would be sold off and how much would be built. She asked the same. Mr. Ravnaas answered their intent is to build out as much of this as they can, but the developer could better answer that. She then asked if all the Story Mill work will be done in the first phase and he confirmed. Ms. Pomnichowski asked if the ball park and the Boys & Girls would be affected and Steve Domries answered they are planning around existing trees and parkland to preserve what is already there. He added they are putting in gardens as well. She asked for confirmation that the plan consists of developing 1,100 homes and 2,300 parking stalls. Mr. Domries replied that number is what the total amounted to after adding up all the retail, commercial, and residential space needed. Warren Vaughan stated he likes this proposal in many ways, but is concerned with the traffic situation because there will be an additional 12,000 trips per day when this project is completed. He added that only noting that 9% extra traffic being added to Wallace is far too conservative a number. Cory Ravnaas responded that it is obvious to them that if they cannot get the transportation to work, there will be no overall project. He stated that the traffic issues is where this project first started and it will be addressed as they come forward with the final plan. They are proposing a condition of final plat approval that would require them to reanalyze the traffic situation. Mr. Domries noted the nature of most of the street traffic will be residential. Caren Roberty noted that adversely affecting the current population of the area is a concern to her and asked about the status of the Bridger Court Mobile Home Park. Mr. Joby Sabol replied the developer has sent certified letters to all residents there. These letters indicate there is a new owner, the rent will not go up over the next two years, and management will stay the same. Mr. Sabol stated the developer has a program for residents of the park who are looking to transition out of the court by offering to buy their homes at an agreed rate plus 15%. He also included rebates if the folks were committed. There is already one resident that has completed this process. In closing, Mr. Sabol noted the developer is also contacting other trailer courts in the area to work out vacancies so people can relocate. Chaucer Silverson stated they have been speaking with more than 2/3 of the residents and two people are in the process of moving and added the certified letters were sent a week ago. Mr. Carpenter asked how the detailed parklands meet the City's requirements. Mr. Ravnaas noted their group met with the Parks and Recreation Advisory Board they currently have 10-11 acres, but the requirement is 14 acres and subsequently have to go back to the drawing board to find an additional three acres of parkland. He stated that in addition to this, 35 out of the 89 total acres are wetlands or watercourse setbacks that cannot be transferred over to meet the parkland requirements. Erik Henyon stated that he lives in the neighborhood and that the amount of traffic is dependent upon whether or not the road has been recently graded. With the road being paved in the future, the traffic will increase dramatically. He noted he also is concerned with the Wallace traffic and thinks that 9% is a deflated number and we could be looking at 15%. Mr. Henyon noted they really need to mitigate this in their final plan. 1:18:42 [19:04:37] Public Comment Ray Friesenhahn lives at 1305 Hillside Lane and stated that as a resident of this area, he agrees that the grading on L Street is a major factor in resolving traffic issues. Anytime there is work on Rouse Avenue, the traffic increases tremendously on L Street. He stated that the 9% increase onto Wallace after L Street has been paved and development is commencing, is far too low and that we should anticipate a 20% increase. Marcia Kavanez lives at 630 East Davis Street and is four houses from North Wallace. She is a NENA officer, a wetlands chairperson, and a working member of the traffic board. Ms. Kavanez noted there are a lot of things that NENA supports with the use of the trails and the protection of current ones, however she is concerned with the traffic increase onto Wallace. She strongly stated that traffic issues need to be addressed immediately and work on an Oak Street by-pass as soon as possible. The wetlands need to stay as healthy as possible and value the wildlife existing there and LEED states that habitat preservation is encouraged. She commented that in supporting the 2020 plan by maintaining these historical buildings, seems toxic and expensive. Possibly tearing down the buildings completely and rebuild a site with pictures reflecting the history of the area would be more accepted. Ms. Kavenez asked how the bakeries and coffeehouses planned in this large scale development will work out since Sundance Springs subdivision had a plan for this too and they still have not been built. Ted Lange representing Gallatin Valley Land Trust, noted that with added pedestrian traffic, Birdie and Bridger Drive crossings are currently unsafe and would urge the developer to design safe crossing routes. He stated they like the hillside park above the old mill and has good trail potential and supports protecting the existing trees. Mr. Lange noted the trails look good and have a good flow, but want to make sure these are continuous and the trails and not pieces and fragments. As far as the parkland is concerned, his organization supports Sandy Dodge and Ron Dingmans’ suggestions by wanting to see the additional 4 acres added. Mr. Lange closed by stating if the developer cannot get the 4 acres required, they need to see a good explanation of why and maybe find an alternative by extending the Boys & Girls club. 1:45:40 [19:04:41] Discussion Chair Pomnichowski asked the applicant to address the concern of encouraging business in this community. Craig Mendenhall responded the idea is to create the commercial more as a neighborhood amenity for those living in the community as a tool to support the neighborhood itself. Mr. Saunders answered Ms. Kavenez's question regarding Sundance Springs and described how these projects are different. He noted Story Mill has a higher density that will allow residents to just have a short walk to the coffee shop, bakery, or local market. Sundance Springs is a lower density and is made up of single family lots with considerable distance to where the local store or coffee shop would be. He closed by bringing attention to the trail that connects to the Story Mill. Mr. Mendenhall added the goal of this proposal is to reduce traffic by providing these neighborhood amenities. Commissioner Kirchhoff stated objective of LEED is to provide connectivity to pedestrians. He added that the possibility of adding a pedestrian/bicycle connectivity aspect starting at Wallace through to Story Mill is a great incentive because it will provide a safe pathway. Mr. Kirchhoff noted there are more dense mixed uses on the fringes of the City and this is dictating bad tempers in regards to traffic. The question is how much this project will affect traffic and encouraged the Story Mill team to creatively find a way to siphon some of that. In closing, Commissioner Kirchhoff noted that overall, it is an interesting project and applauded them for taking on the LEED format. He stated that the commission supports the affordable housing. There is a lack of clarity with matching the LEED criteria and stated they should come back with a stronger presentation on how they meet the criteria with specifics. Brian Caldwell stated the irony of this challenge is the growth policy of changing industrial areas to residential. Clearly, the future of this property is would be better utilized with a residential designation and could be fully supported. He added that this is worthwhile and suitable project at this location. The wetland delineations are pretty accurate and commended the team for taking a lot of thought into this approach. Mr. Caldwell stated this proposal is great way to get the community involved to address the affordable housing issue. He closed by noting that although this is informal application, it is formal in many ways and this project raises the bar for the rest of the developers out there. Caren Roberty noted her concerns regarding the increase traffic onto Wallace Avenue and asked if there is any other talk about connection to other streets. Chris Saunders answered in the transportation plan, Oak Street connecting to L Street is a desired project and Cedar is also an option. However, the City does not have an answer as of today because there are limitations. Andy Epple stated the most likely outlet and solution to Wallace traffic is to create a connection between L Street and Oak Street. Ms. Roberty noted that Wallace is a point of contention and is an unanswered question at this time. Mr. Epple commented that historically, Wallace, L Street, and Hillside Lane used to be the way people would travel to the Bridger Mountains from Fish Hatchery Road. Erik Henyon stated that from a pedestrian and bicycle perspective, he found the lack of any industrialization on industrial land allows for these considerations so the changes to the growth policy are within reach and in favor of rehabilitation. He noted he feels this will fall right into the realm of reaching the 2020 plan goals. Overall, this project is awesome and the LEED portion of this is going to be most positive part of this and will weigh heavily in the minds of citizens in the City of Bozeman. Mr. Henyon did see some good connectivity and multiple ways in and out of this project and would like to see the final plat. Warren Vaughan stated he agreed with the compliance to all the zoning criteria and will be in support of this project. He closed by noting the LEED aspect is good, but wanted to make sure they address all the criteria and take the traffic issues seriously. Randy Carpenter agreed with everyone else's comments. He noted the growth policy is a benefit to the community as a whole. Mr. Carpenter stated this project is the outcome of what happens when there is a good master plan for the city. Overall, he noted this raises the bar as to what the City of Bozeman wants to see be developed and it is another step towards sustainable communities. Ed Sypinski stated he did not have much to add. He noted it is consistent with the growth policy criteria and wanted to commend this team on a cultural resource inventory by utilizing the existing buildings to decrease the impact of this large scale change to the area. He closed by stating this is a well conceived project and is encouraged by both advisory boards. Dave Jarrett noted the LEED program is interesting, but is not sure how economical it would be in this city. He commended their attempt to make every effort to utilize those types of things. Overall, he likes the entire project, but is very concerned with the traffic issues, especially on Wallace and L Street. Mr. Jarrett noted his concerns with the proportions of commercial areas, but added it is ultimately the developer's responsibility to follow through on this. He liked the creeks and the ability to preserve the wetlands. He closed by noting the residential area would be better served in this proposed plan than the industrial areas and added it will take a while to see the results, but feels this team will reach their goal. Peter Harned agreed. He stated there has been a lot of thought put into this proposal. He liked the mixture of commercial and residential because it is backed up to hill which will give this project a real sense of community. Mr. Harned stated that Wallace is a huge issue when considering the other development happening in this area. He added he likes the fact that they are moving in the opposite direction of most developers who have chosen the Western side of town. The commercial aspect of this plan can also serve the Legends area which needs a community core. Mr. Harned noted that the R-4 zoning as a blanket over the majority of the project would be a large amount of units, but would like to see a little more of an idea of this truly is going to be in it final stage. He closed by stating this will help downtown Bozeman because the more we can keep the people on this side of town the better. Nathan Minnick stated this project is fitting and a good concept. He did note that it takes more than a coffee shop to sustain this area. Commissioner Sean Becker stated he will get a second opportunity to see this presentation at the City Commission and noted the Commission rejected the last LEED project. He commented that traffic is a big issue and to make sure this is addressed. The reality is that this plan needs to attend to the impact of the adjacent neighborhoods. Commissioner Becker noted that this project is fantastic, however the team did not address certain ordinances and exceeded others. He closed by stating Bozeman's growth is leading to the northern part of the City. Chair Pomnichowski stated this project is very innovative and loved the reclaimed usage of water, materials, and energy. From a zoning perspective, she was concerned with the R-4 zoning and stated she would like to see a little more diversity. She noted that from a planning view point, changing an industrial area to commercial and residential is good. She added the goal of a B-2 zone is commercial and its role is to draw people in and stated this must be mitigated. She asked that they please meet the B-1 neighborhood requirements and standards. Ms. Pomnichowski stated that she expects they will fix failing traffic conditions before adding another car onto these roads and encourage the Story Mill team to address this on the front end because if the traffic does not pencil out, it is hard to make this project work. She commended them on their respect for the wetlands and floodplains, but noted there were bridges over them. She would like to see the DEQ permits in place. As far as the historical heritage of this site, she noted that if the buildings cannot be salvaged, she is hopeful they will reflect the historical character of this site. LEED is nice if they can get it all accomplished, but if this team can present a responsible plan that addresses all the traffic concerns and housing, Bozeman leadership would be less concerned with this project meeting all the LEED criteria. She added they must keep the trails as is because the residents in this area rely on them. Chair Pomnichowski closed by stating continuity and connectivity is important and this informal presentation is incredibly valuable at this early stage. 2:16:30 [21:33:07] ITEM 5. ZONING COMMISSION NEW BUSINESS Chris Saunders noted the UDO Edits will be formally distributed next week to all board members for their review. This will be an agenda item for the December 5th meeting. Chair JP Pomnichowski stated she will be taking a leave of absence for the legislative session for 90 days. She added that Nathan Minnick is Vice Chair of the Zoning Commission and will be taking her place during her absence. Director Andy Epple noted that historically, the first meeting of the New Year is difficult due to the holiday schedules of advisory board members as well as staff. Ms. Pomnichowski stated there was a meeting on January 4th last year and requested that the zoning commission convene on January 2nd, 2007. 2:20:38 [21:24:55] ITEM 6: ZONING COMMISSION ADJOURNMENT. Chair Pomnichowski adjourned the Zoning Commission meeting at 9:17PM and motioned to take a break prior to convening the Planning Board. 2:27:15 [21:33:08] ITEM 8: PLANNING BOARD CALL TO ORDER President Pomnichowski called the Planning Board meeting to order at 9:24PM. 2:27:41 [ ] ITEM 9. PUBLIC COMMENT (0-15 MINUTES) Seeing there was none, President JP Pomnichowski closed this portion of the meeting. 2:28:03 [21:28:43] ITEM 10. MINUTES OF NOVEMBER 7TH, 2006. Page 4 , 4th paragraph, please change Mr. Jarrett to Mr. Dabney. Seeing there were no other corrections, Chair Pomnichowski moved to approve the minutes as amended, seconded by Mr. Sypinski and Mr. Jarrett. All in favor, motion passed 7-0. 2:29:25 [21:47:48] 1. Preliminary Plat Application #P-06054 (Old Chicago Minor Subdivision): A Subdivision preliminary plat application requested by the owner and applicant, Garden Center Inn, and representative Hyalite Engineers to allow a second or subsequent Minor Subdivision from a Tract of Record to divide 3.4 acres into two commercial lots at 1940 North 19th Avenue. The subject property is legally described as Lot 55, Stoneridge PUD Minor Subdivision #2, situated in the northeast one-quarter of Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. (Knight) 2:29:32 [21:13:57] Staff Report Planner Knight presented his staff report. He noted there were no modifications to this site, but this plan will propose individual lots for the individual buildings. All zoning ordinances and requirements are being met and the only issue is the condition for revised landscape requirements for each lot. Mr. Knight closed by stating the planning staff is recommending conditional approval per page six of the staff report. 2:31:05 [21:24:27] Questions for Staff Erik Henyon asked Planner Knight if the parking meets the City's requirements for number of stalls. Mr. Knight responded this plan does meet the parking requirements. Dave Jarrett asked if there were any waiver of rights to protest prior to this that have not been met and Mr. Knight stated this was handled prior to this, during the Stoneridge minor subdivision process. JP Pomnichowski asked if each lot would have the required number of stalls and Mr. Knight stated they would and each lot will have a shared access agreement for the entire parking area. 2:32:23 [21:24:50] Applicant Presentation Daniel Sommerfield with Hyalite Engineers representing the owners of this project. He noted he did not have much to add, and basically the client, Montana Furniture Gallery is simply proposing to draw a line down this lot because their desire is to purchase the portion their shop is on instead of leasing it. 2:33:46 [21:32:13] Discussion Brian Caldwell stated he appreciates the clarification of the reasoning behind this minor lot split as a lot of people are not familiar with commercial issues. He closed by noting he would like move forward with a recommendation. 2:34:31 [19:04:47] Motion and Vote Mr. Caldwell moved to recommend approval of #P-06054 as conditioned by staff. Seconded by Erik Henyon. Those in favor being Brian Caldwell, Erik Henyon, JP Pomnichwoski, Dave Jarrett, Caren Roberty, Ed Sypinski, and Randy Carpenter. All in Favor. Motion passed, 7-0. 2:35:38 [21:31:22] 2. Preliminary Plat Application #P-06057 (PT Land/Perkins PUD): A Subdivision preliminary plat application requested by the owner and applicant, PT Land/Jerry Perkins, and representative, Morrison-Mairele, Inc., to subdivide approximately 47 acres into 18 lots for commercial use, roads, and open space areas on property legally described as Tract 2A, COS 1215F, located in Section 1, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. (Windemaker) 2:35:44 [19:05:10] Staff Report Contract Planner Lanette Windemaker presented the staff report. She noted this consists of 16 commercial lots and two open space lots right behind the Kenyon Noble building. She added the applicant is asking for 12 relaxations in the PUD process. Ms. Windemaker reviewed all twelve requested relaxations. She closed by noting they have received no public comment and staff is recommending conditional approval. Brian Caldwell requested to step down as he worked on this project. 2:46:01 [19:15:47] Questions for Staff Dave Jarrett noted he went to this project site and could not tell how many times the streams watercourse will be encroached upon. He asked if there was an opportunity to acquire a 41 permit and prefer they relocate the creek just a little bit. Ms. Windemaker responded that part of the setback is on the adjoining property and this is why they are asking for a relaxation. Erik Henyon asked for details regarding the dead end. Ms. Windemaker stated the client will have to construct a bridge at Tschache and the watercourse is right on the property line. She added this is a timing issue more than anything so both property owners on both sides can build this bridge together. Ed Sypinski asked about the timing on the bridge construction. Ms. Windemaker answered by noting Mr. Saccoccia is moving forward with a plan, but it could be as long as 18 months before construction commences. Randy Carpenter stated the right of way south of Patrick is only 65 feet wide, and wanted to know if this is what they want to do on North 15th. Ms. Windemaker answered that 65 feet wide is a collector standard, however engineering added a condition that they built a 45 foot standard street within the 65 foot right of way to include sidewalks and bike lanes. 2:49:45 [19:06:10] Applicant Presentation Keith Belden from Morrison Mairele, representing Jerry Perkins, PT Land, and Shelley Engler who did the landscape design. He noted this is a fairly complex project that has almost two years to develop. Mr. Belden noted they are satisfied with the conditions, but will be working with the city attorney's office to work out some of these. 2:51:47 [21:33:13] Questions for Applicant Randy Carpenter asked if they agree with all the conditions of approval including denial of certain relaxations. Mr. Belden stated his client is satisfied. Erik Henyon asked if Lowe's or his client is responsible for installing a traffic light on 15th Street because it poses a substantial traffic nightmare if there is no signal because it will become a major connector. Keith Belden replied he is not sure if Lowe's signed a waiver, but Mr. Saccoccia did sign one and noted they are anticipating a signal at Oak and 15th due to their traffic study. He added MDOT stated until this intersection meets more than one warrant, the highway dept will not allow a signal. Mr. Henyon then asked if this will be a right in and right out access way and added there is no way a pedestrian can cross this street unless it is 10PM at night. Mr. Belden stated that as of now, it will be a right in and right out access. 2:55:45 [19:06:20] Public Comment Ted Lange representing Gallatin Valley Land Trust stated the planning staff recommendations are agreeable. He is in support of the planned trail going through this property. 2:57:21 [19:15:12] Discussion Dave Jarrett stated he does not have any problems with this application and agrees with all the conditions and respects that the developer is in agreement as well. He is concerned with the encroachment into the watercourse setback. He stated that overall, this is a good project and is interested in seeing what happens on that block. He will recommend approval of this plan. Erik Henyon noted he is in agreement with staff's recommendations. He is concerned with asphalt trail instead of a sidewalk because it did not make a lot of sense and was pleased staff denied that. The watercourse setbacks can be mitigated and stated he is comfortable with them falling within 35 feet and feels that is far enough, but not along the entire watercourse. Mr. Henyon noted he is in favor of approving this application. Caren Roberty commended planning staff by recommending good conditions and stated this worked out well. Randy Carpenter noted he is not always comfortable with watercourse setbacks. Therefore, he can understand where staff is coming from and is looking forward to their comments. Ed Sypinski stated he was more concerned with the number of relaxation the applicant proposed, but was pleased to see the planning staff's responses. He added the sidewalk and street standards as well as the watercourse setbacks need to be addressed. JP Pomnichowski noted she was concerned with the 13 relaxations and commended staff for spending the time and energy to deal with each appropriately. She noted that condition 14 with the waiver of right to protest for Oak and 15th, at the heart of the development, needs to be added. She stated the warrants may not occur for ten years, but access to your site from 15th is very clear. 3:02:52 [22:27:31] Motion and Vote Chair Pomnichowski moved to amend condition 14 by adding item G to require the applicant to improve the intersection at Oak and North 15th. Seconded by Dave Jarrett and Erik Henyon. Those in favor being JP Pomnichowski, Dave Jarrett, Erik Henyon, Randy Carpenter, Caren Roberty, and Ed Sypinski. All in favor. Motion passed 6-0. JP Pomnichowski stated she does not support relaxations for watercourse setbacks. This would require a deviation or variance. She added the designated detention ponds have always had ducks in them and does not want to endanger the area. The majority of these conditions have been resolved except condition 11 regarding encroaching into the watercourse setback. Planner Windemaker stated the applicant is asking to be closer to the wetlands than allowed, not the watercourse. Chair Pomnichowski noted she was confident they can find someplace else on the 13 acres to put a detention pond without encroaching into the wetlands and does not agree with the relaxation. Ms. Windemaker suggested adding 50 feet onto condition 4 and this would be a good compromise. Keith Belden stated they can deal with the extra 50 feet, but it will not be easy. Jerry Perkins noted he has had a difficult time with this project and does not see staff having any faith in this plan. JP Pomnichowski moved to amend condition 4 to read "No closer than 50 feet to the high-water mark". Seconded by Caren Roberty. Those in favor being JP Pomnichowski, Caren Roberty, Randy Carpenter, Dave Jarrett and Ed Sypinski. Those voting against being Erik Henyon. Motion passed 5-1. Dave Jarrett moved to recommend approval with conditions as changed and denial of relaxations as recommended by staff. Seconded by Ed Sypinski. Those in favor being Dave Jarrett, Ed Sypinski, JP Pomnichowski, Caren Roberty, Erik Henyon, and Randy Carpenter. All in favor. Motion passed 6-0. Chair Pomnichowski noted the application will go before the City Commission on December 11th, 2006. 3:28:31 [19:15:38] ITEM 11. OLD BUSINESS Erik Henyon stated that he, Brian Caldwell, and Ed Sypinski met with Chris Saunders to discuss the 2020 Plan Update process. The RFP and RFQ has commenced. He added that Mr. Saunders has suggested that the Planning Board go through the 2020 Plan on an individual basis during personal time and list out recommendations, changes, updates on a separate sheet of paper and submit them to Chris instead of wasting time arguing or discussing these matters during a board meeting. Brian Caldwell noted this will help to shed some perspective on this plan and if everyone's thoughts were on paper, it could be resolved easier. He added these suggestions will be submitted to the consultant chosen to do the 2020 Plan update. Randy Carpenter asked what the goals of the 2020 Plan update are. Andy Epple noted that according to the statute, it has to be updated every five years. It can be as minimal or expansive an update as we want it to be. He added the duty of the planning board members is to an individual cursory review to see what works and what does not. JP Pomnichowski asked Mr. Epple how long the update process is anticipated to take to which he responded it will take approximately a year. Erik Henyon stated the 2020 plan is a vision statement, and at the current rate of where Bozeman is right now is the year 2018 so we need to think further out, we need to look out to 2030. 3:43:50 [21:53:52] ITEM 12. NEW BUSINESS JP Pomnichowski requested that the planning board needs a new county representative and should start looking at candidates within the next couple of weeks. She added she will not be here for some of the January through April 2007 meetings. Erik Henyon asked if we have to notice this action and Mr. Epple stated yes, but it can be a small notice stating there will be a small quorum, but no business will be conducted. Randy Carpenter asked for an update on the inter-local agreement. Mr. Epple replied that he and the Jennifer Madjik at the County Planning office and they have not been able to meet as of yet. Andy Epple then noted the planning department will be assisting in this process. 3:47:51 [21:55:27] ITEM 13. ADJOURNMENT Chair Pomnichowski adjourned the Planning Board portion of this meeting at 10:47PM. _______________________________ _______________________________ JP Pomnichowski, Chairperson Andrew C. Epple, Director City of Bozeman Zoning Commission City of Bozeman, Planning and & President of the Bozeman Planning Board Community Development