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HomeMy WebLinkAbout01-04-06 Planning Board Minutes.docTHE CITY OF BOZEMAN PLANNING BOARD WEDNESDAY, JANUARY 4, 2006 MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE Vice Chairperson JP Pomnichowski called the meeting to order at 7:42 p.m. and directed the secretary to record the attendance. Members Present Staff Present JP Pomnichowski Jami Morris, Associate Planner Ed Musser Jody Sanford, Associate Planner Dave Jarrett Susan Kozub, Associate Planner Jane Stroup Andrew Epple, Director, Planning & Community Development Erik Henyon Carol Schott, Recording Secretary Mike Hope Visitors Present Ralph Olsen Vanona Olsen Allan Lien Tim Kearns Al Lazarewicz Don Jackson Bill Harston Don Frye Rob Pertzborn James Tarpey George Tuthill Janice Brown 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.} Don Jackson, 1280 Story Mill Road, asked if the Board has an influence on the names of streets in Bozeman. It is his pet peeve. He stated he’d like to see streets named after famous people in Bozeman’s history, or animals, plants, etc. Vice Chairperson Pomnichowski noted the City Commission has influence and a letter to them might be of help. Ms. Stroup suggested he bring examples of street names which could be used. ITEM 3. MINUTES OF DECEMBER 20, 2005 JOINT MEETING Vice Chairperson Pomnichowski called for corrections or additions to the minutes of the December 20, 2005. She noted the discussion was summarized and if the members would like any details added, they should do so. Since there were no corrections or additions, she declared the minutes would stand as written. ITEM 4. PROJECT REVIEW A. Major Subdivision Preliminary Plat Application #P-04061A - (Legends at Bridger Creek). A Major Subdivision Preliminary Plat Application for Modifications to the approved Final Plat, requested by the property owners Story Mill Partners, LLC, and Story Mill Partners II, LLC, to remove the Restricted Size Lot designation on 12 lots located in Legends at Bridger Creek Subdivision. (Morris) Associate Planner Jami Morris presented the Staff Report. She noted the recommendations of the Affordable Housing Board have been included in the Staff Report in condition #1. Mr. Hope asked what the City would do with the lots. Planner Morris noted the lots would likely be sold and the money put into an affordable fund. Mr. Henyon asked why the RSL designation wasn’t on the paperwork. Planner Morris noted the RSL’s were indicated on the Preliminary Plat submitted to the City; however, there was a miscommunication between the buyer and the seller of the lots. Ms. Stroup asked if the new property owner was present. Mr. Sprague indicated he was the property owner. She asked if the applicant was in disagreement with Staff’s conditions. Clark Sprague, applicant, noted that the only groups who has an issue with the application is the CAHAB Board. He noted the RSL lot trades are always based on the square footages of the lots according to information from Assistant Planning Director Chris Saunders. He noted his proposal meets the UDO language for trading lots. He noted the lots traded are 18% larger than the original lots. Vice Chairperson Pomnichowski asked why this question came up after Final Plat. Mr. Sprague noted the RSL lots weren’t indicated on the maps presented to him prior to the sale. He stated that the Planning Staff had advised him to finish the final plat, then amend the plat, as it would be a cleaner process. Vice Chairperson Pomnichowski OPENED THE PUBLIC COMMENT PORTION OF THE HEARING. Don Jackson, 1280 Story Mill Road, asked if the Board had received his letter. The Board indicated they had the letter. He noted changing the Final Plat within days of approval appears to not meet the requirements. He stated to trade the approved the RSL lots with a lot several miles away doesn’t seem reasonable. He stated the RSL lots should remain as platted. He noted the term “buyer beware” should not influence the decision on the application. Beth Hanson, 1813 South Rouse Avenue, noted the numbers don’t add up. She discussed the cost of a 900 sq. ft. attached home compared to a 2700 sq. ft. unit. She stated it made sense to have the affordable units in Laurel Glen. Vice Chairperson Pomnichowski called for further public comment, and hearing none, she CLOSED THE PUBLIC COMMENT PORTION OF THE HEARING. Ms. Stroup asked if the application meets the requirements of the UDO. Planner Morris noted the proposal does meet the requirements. She noted the CAHAB Board had stated in a meeting this morning that they would also accept a fee simple transfer within Legends Subdivision. She noted the covenants would restrict the construction of affordable housing in the Legends subdivision. Mr. Hope asked if this type of transfer had taken place in any other subdivision. Planner Morris noted this was the first. Mr. Hope noted this is a problem with the RSL lots. He suggested the City sell the lot and place the money in a First Time Home Buyer’s pot to help 10 to 15 buyers. Mr. Henyon concurred. Mr. Hope noted he didn’t feel the proposal was out of hand. Mr. Jarrett noted he is opposed to the affordable housing program as it stands. He noted he is in favor of the proposal. He stated the affordable housing program drives the market up. Mr. Musser stated he concurred with previous comments. He noted he was concerned that the Board was being asked to change the plat because the buyer and seller didn’t communicate. Vice Chairperson Pomnichowski noted she was not happy to see this application come in. She noted all aspects had been reviewed with the Preliminary Plat and she didn’t care for the application coming in on the heels of the Final Plat. She stated she sympathizes with the applicant; however, she cannot support the proposal. She stated the Final Plat should not be changed. She noted the affordable/RSL formula needs to be reworked. Ms. Stroup asked if the applicant was in agreement with Staff conditions. Mr. Sprague noted he was not in agreement with condition #1. Mr. Hope noted he concurred that the Board should not be seeing the Plat again; however, somewhere the costs of the RSL lots will be spread over the rest of the subdivision. He noted the trade will benefit the City due to the sale of the lot. It would benefit the community and some first time home buyers. Vice Chairperson Pomnichowski noted the developer isn’t giving anything to the City. Mr. Musser noted the application is asking that the RSL designation of several lots be removed. Mr. Hope noted the Board could recommend that the City sell the lot in Laurel Glen and place the money gained on the sale in a fund. MOTION: Mr. Hope moved, Mr. Henyon seconded, to recommend approval of the application #P-04061A and striking condition #1. The motion carried 5-1, with Vice President Pomnichowski voting against it. Mr. Hope asked that the City sell the lot and place the money in HRDC’s First Time Home Buyer program/fund. Planner Morris noted CAHAB has indicated they are considering revising the RSL requirements. B. Minor Subdivision Preliminary Plat Application #P-05066 - (Pebble Brook). A Minor Subdivision Preliminary Plat Application for a Second/Subsequent subdivision, requested by the property owners Helena Springs Partners, represented by C&H Engineering and Surveying, Inc., to allow the subdivision of 4.77 acres into 4 residential lots. The property is legally described as Lot 1, Baxter Meadows Subdivision Phase 1, is situated in the NE¼, Section 3, T2S, R5E, City of Bozeman, Montana, and is generally located on the southeast corner of the intersection of Baxter Lane and Ferguson Avenue extended (Morris) Associate Planner Jami Morris presented the application. Mr. Henyon asked if the Regional Center has a community center as part of the plan. Planner Morris noted the plan is for the YMCA to be built there. Matt Nistler, applicant, noted the community center designation is obsolete for the property at this time. Vice President Pomnichowski asked if the people who have already bought in Baxter Meadows think the community center is obsolete. Mr. Nistler noted he didn’t feel it was an issue. He stated that Community Center locations are provided elsewhere in the subdivision. Vice President Pomnichowski OPENED THE HEARING FOR PUBLIC COMMENT. Hearing none, she CLOSED THE PUBLIC HEARING PORTION OF THE MEETING. Mr. Henyon stated he felt the residences will have a great amenity with the Regional Park as the community center. Vice President Pomnichowski noted she was concerned about public health and safety of the community. She urged them to get the proper permits for the bridge and improvements along the stream. She stated she was also concerned with the lots backing onto the park. MOTION: Mr. Henyon moved, Mr. Jarrett seconded, to recommend approval of application #P-05066 with staff conditions. The motion carried 6-0. C. Growth Policy Amendment Application #P-05067 - (Moche). A Growth Policy Amendment application, proposed by the owner, Roberta Moche, represented by C&H Engineering and Surveying, Inc., to amend the growth policy land use designation, as shown on the Future Land Use Map, from “Industrial” to “Residential” on 12.0 acres. The property is described as COS No. 885, and is located in the NE¼ of the SW¼ of Section 31, T1S, R6E, P.M.M, Gallatin County, Montana. The property is generally located north of Commercial Drive and west of Boylan Road. (Sanford) Associate Planner Jody Sanford presented the Staff Report. She noted several letters of concern had been received all on a carbon copy signed by different people. She noted previous annexation and zone map applications have been withdrawn, and it is anticipated that new applications will be submitted upon approval of this growth policy amendment. Mr. Hope asked why Business Park was not considered for the property. Planner Sanford noted that suggestion was met with a lukewarm response from Planning Board and City Commission. Mr. Hope noted there should be a buffer area between the existing commercial properties and the residential properties. He stated he felt Business Park would provide that buffer. Planner Sanford stated staff was comfortable with BP or Residential. Mr. Jarrett asked how the property would be accessed. Planner Sanford stated it would be from Commercial Drive in an existing easement. Mr. Jarrett stated he didn’t think the property would make it as a subdivision as the existing Commercial Drive is at least 300 feet long. Mr. Henyon noted he walked the land and he didn’t think it would be developable as residential. Jonas Grenz, applicant’s representative from C&H Engineering, stated residential use fits better than Business Park with the residential and parkland adjacent to it. He noted it is very delicate land and industrial uses would be a much greater risk to ground water. He noted ground water would be addressed during subdivision review. Mr. Musser asked what the alternative would be – leave it in the County and construct one home on it. Mr. Grenz noted that would be possible; however, the owner would prefer a residential development. Mr. Musser asked if conservation easements had been explored. Mr. Grenz noted there has been talk, but no one has come forth with a plan or money. Mr. Jarrett asked how wide the access is. Mr. Grenz noted it is 60 feet wide. He noted Commercial Drive is approximately 200 feet long. Mr. Hope asked him to explain why Residential is the best use for the property. Mr. Grenz noted the adjacency of the park and golf course would be better for residential and there would be difficulty with access for Business Park. Mr. Henyon asked what density is planned. Mr. Grenz noted that would depend on the zoning applied during annexation and zone map amendment reviews. Mr. Musser asked if there was an issue with a second access. He asked if the issue had been resolved with the property owners to the north. Mr. Grenz noted it would be dealt with during later reviews. Planner Sanford noted the length of Commercial Drive to the property line was about 200 feet. Vice Chairperson Pomnichowski OPENED THE HEARING FOR PUBLIC COMMENT. Jim Tarpey, 281 Saddle Peak Road and land owner directly to the northeast, asked where the easement was located. Janice Brown, 1045 Boylan Road #4, presented a letter to the board, and stated she represented the Bridger Creek Condominiums HOA. She stated the property is not suitable for development. She gave a brief history of the property. She recommended the Board honor the Bridger Creek Subdivision’s request to recommend the property be used as a park. She noted there is a group within the subdivision willing to begin fund raising for purchase of the property as a conservation easement. She recommended the Board defer their decision until a full delineation has been made and to allow the group time to raise the funds. Vice Chairperson Pomnichowski defined the task at hand, which is to determine the underlying city land use designation. She noted the current land use designation that the city has applied is Industrial but current zoning is County A-S and the applicant is requesting it be changed to city Residential. Ann Greybiel, 1051 Boyland Road #1, noted the growth policy was adopted in 2001. She noted the property is zoned as A-S in the County. She asked what was the point of changing the land use designation prior to annexation. Vice Chairperson Pomnichowski noted the land use designation usually is contingent upon annexation. Ms. Greybiel read a letter from the County stating the zoning is already residential. Tim Kearns, 1325 Nickels Peak Trail and owner of a lot in Bridger Center Subdivision, stated he could answer the question of distance, it is approximately 250 feet to the water service in Commercial Drive. He noted the access easement is between lots 4 and 5 in block 1. He noted he is opposed to proposal as the applicant was involved in the creation of the SID to bring water and sewer to the subdivision, yet she didn’t asked to become a part of the SID nor does she have any financial responsibility for it. He noted residential traffic would be unsafe through the industrial area. He noted the Commercial Drive was constructed narrower than usual due to improvements already in place. Vice Chairperson Pomnichowski asked if there was a payback provision for the SID. Director Epple noted it hadn’t been addressed at this time; however, it could be done. Bill Harston, 2809 Donna Avenue, stated he is concerned about the traffic on Bridger Canyon Drive. He noted there is no parking permitted along the street. There is a lot of truck traffic. He stated it would not be a good primary access. Don Jackson, 1280 Story Mill Road, suggested the City investigate the flooding of East Gallatin River prior to annexing the property. Vice Chairperson Pomnichowski called for further public comment, and hearing none, she CLOSED THE PUBLIC COMMENT PORTION OF THE HEARING. Mr. Jarrett asked what came of the East Gallatin River floodplain re-delineation and was this property located within it. He noted he was opposed to the proposal as it has too many problems as a residential property, the most serious being the lack of secondary access. Mr. Hope stated that if the City doesn’t annex the property, the worst scenario would be a single household dwelling with a septic tank would be possible. He asked if the property could be developed such that the City should be in control of development. Director Epple noted the City is interested in annexing the property rather than having an island of un-annexed land in the future. He noted for more than one home, the County would probably tell them to connect to City services, which would then require annexation. He noted further development of the property could happen as industrial uses if not re-designated in the growth policy. He stated there could be issues with secondary access. Mr. Hope noted he couldn’t support this proposal. He stated he didn’t feel that Residential was the best use of the property. Ms. Stroup stated the Board talks about affordable housing everyday, yet this doesn’t seem to be an appropriate use for this property. Mr. Henyon stated he would abstain from voting as he is on the Covenants’ committee for the Bridger Creek Subdivision. Vice Chairperson Pomnichowski asked if he would have a direct financial gain from this proposal. He noted he would not. The Board concurred that he had no conflict of interest. Mr. Musser noted in this case access has to be considered. He stated he couldn’t support the proposal at this time. He stated, if they gain access, they can come back before the City for review. Vice Chairperson Pomnichowski stated it doesn’t meet the criteria of the Bozeman 2020 Community Plan. She noted the overall intent of the growth policy is to meet the goals. She stated there are safety issues regarding access, flooding dangers, etc. She stated she echoed what Mr. Hope said in that more forethought should be given to what would be appropriate in that location. She suggested the Bridger Creek Subdivision group talk to the Open Lands Board immediately and walk the property with the County Commissioners. Ms. Stroup asked for an explanation of the inconsistencies. Vice Chairperson Pomnichowski noted that residential development is inconsistent in the 100 year floodplain areas. She stated that the criteria that must be satisfied to grant a growth policy amendment require that a proposal "will not adversely affect the community" by "negatively affecting the livability of an area or the health and safety of its residents." She also cited specific language in the 2020 Growth Policy that states that the city will "discourage development in wetlands, hydric soils, floodplains, and high water tables" and otherwise environmentally-sensitive areas. She suggested consistency would be a land use designation of PLI, with the extension of the trails in the area, a kiosk explaining the wildlife, etc. Mr. Hope noted it would be a safety issue for truckers using the area every day. He noted the Board needs to consider safety issues. MOTION: Mr. Hope moved, Ms. Stroup seconded, to recommend approval of application #P-05067. The motion failed on a 5-1 vote with Ms. Stroup voting for the proposal and the rest of the Board voting against it. D. Major Subdivision Pre-Application #P-05072 - (Loyal Garden). An Major Subdivision Pre-Application, requested by the property owner, Covenant, LLC, represented by Intrinsik Architecture and T, D, & H Engineering, to consider the subdivision of ~ 75 into 156 lots, streets, parks, and open space. The property is located southwest of Huffine Lane and Cottonwood Road, is legally described as Tract 1 of COS No. 24 and all of the parcels of COS No. 25, and is situated in the NE¼ of Section 16, T2S, R5E, PMM, Gallatin County, Montana. (Kozub) Associate Planner Susan Kozub presented the Staff Memo. Mr. Hope asked for Staff’s response to CAHAB’s recommendation for a mix of units on lots. Planner Kozub explained that CAHAB felt that a better mix of single household dwellings, townhomes, and apartments would allow more truly “affordable” housing options. Mr. Henyon asked where the neighborhood center would be located. Planner Kozub noted the park could meet the criteria in Chapter 18.42.020 (Unified Development Ordinance) but the applicant would have to provide more information with the preliminary plat. Director Epple read a portion of the CAHAB minutes, which state the Board wanted to see a mix of units within the development. He noted that townhouses are generally more affordable than single family units. Rob Pertzborn, applicant’s representative, noted the required RSL’s are 10% of the development. He noted he was unsure that CAHAB could require the mix. He described the development layout. Mr. Henyon asked if the accesses were restricted. Mr. Pertzborn stated the accesses are right in and right out. Mr. Jarrett asked if there would be roundabouts on the interior intersections. He suggested the applicant not use them. Mr. Pertzborn noted there are two proposed and they will be built to Federal standards. Mr. Jarrett stated unless they are very large they won’t work. Mr. Pertzborn noted they are installed for traffic calming. Mr. Hope commended Mr. Pertzborn on the design of the subdivision as it is safer than the one proposed earlier. Vice Chairperson Pomnichowski OPENED THE HEARING FOR PUBLIC COMMENT. Al Lien, 8507 Huffine Lane, noted his ranch is about three-quarters of a mile west of this proposal. He asked for the location of the headwaters of Baxter Creek. Mr. Waring indicated the location on the plat. Mr. Lien asked how Farmer’s Canal will be handled. Mr. Waring noted it will be relocated, and it will carry the same amount of water that it does now. Mr. Lien noted the headwaters of East Aaker Creek begin in the southwest corner of this property. He noted all dewatering changes and dries out the water table. He discussed changes that have been made to the drainage along Huffine Lane. Vice Chairperson Pomnichowski called for further public comment, and hearing none, she CLOSED THE PUBLIC COMMENT PORTION OF THE HEARING. Mr. Hope suggested the applicant argue CAHAB’s recommendation to provide a mix of RSL’s. He noted there is no model that has worked anywhere in the country. He commended the applicant for the proposal design. Mr. Jarrett concurred with Mr. Hope, and he recommended removing the roundabouts and using a different method for calming traffic. Mr. Henyon noted he understood Mr. Lien’s concerns with ground water. He noted the area falls within the City’s and County’s growth policies. He noted most of the development would occur above the ground water. Ms. Stroup noted she was concerned with maintaining the quality and quantity of the surface and ground water. She noted it is difficult to work on a piece by piece basis. Mr. Lien noted there is a limit as to how many housing units can be serviced by the water available to the City. Director Epple noted water usage hasn’t increased in the same percentages as the units added to the system. He noted a change in water usage patterns and behaviors have occurred and water rights have increased with each annexation. Mr. Musser asked if there were concerns about safety of having a park along the Farmer’s Canal. Mr. Pertzborn noted those issues will be addressed during subdivision. Vice Chairperson Pomnichowski asked where storm water detention areas will be located. Mr. Pertzborn described and indicated the locations. Vice Chairperson Pomnichowski asked why there is only one pond remaining. Mr. Pertzborn noted the Army Corps of Engineers wants them all eliminated, but they are choosing to retain one as a park feature. Vice Chairperson Pomnichowski asked when the floodplain delineation will be ready. Mr. Pertzborn noted they are working on it, and it will be submitted with the preliminary plat application. Vice Chairperson Pomnichowski asked if the bike facility would be a path or lane. Mr. Pertzborn noted it was a path and located off the road. Vice Chairperson Pomnichowski asked about the street widths. Mr. Pertzborn noted the streets into the subdivision will have medians at the entrances. Vice Chairperson Pomnichowski stated the streets need to be public streets. Mr. Waring noted the developer would have to maintain the medians and the City would maintain the street surfaces. Vice Chairperson Pomnichowski noted the RSL’s are well located. Mr. Hope noted the warehouse detracts from the proposal and should be removed. Vice Chairperson Pomnichowski asked about the signal at Cottonwood Avenue and Huffine Lane, and if it will remain. Mr. Pertzborn noted the signal would be updated following the realignment of Cottonwood Avenue. ITEM 5. OLD BUSINESS Mr. Jarrett asked when the Planning Board and Zoning Commission meetings would go back to Tuesdays. It was noted the meetings in January follow Monday holidays and the February 7th meeting would be on a Tuesday; however, the February 22nd meeting would be on a Wednesday, again due to a Monday holiday. Mr. Hope asked when the new appointments would be made. Director Epple noted those appointments are scheduled for January 17th. ITEM 6. NEW BUSINESS - None ITEM 7. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 10:15 p.m. ____________________________________ _____________________________________ Andrew Epple, Director JP Pomnichowski, Vice Chairperson Planning and Community Development City of Bozeman Planning Board