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HomeMy WebLinkAbout03-21-06 Planning Board Minutes.docTHE CITY OF BOZEMAN PLANNING BOARD TUESDAY, MARCH 21, 2006 MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson/President Pomnichowski called the joint meeting with the Zoning Commission and the Planning Board to order at 7:30 p.m. Members Present Staff Present Brian Caldwell Chris Saunders, Assistant Director, Planning and Community Dev. Mike Hope Andy Epple, Director, Planning and Community Development Dave Jarrett Carol Schott, Recording Secretary Steve Kirchhoff JP Pomnichowski Caren Roberty Erik Henyon Visitors Present Mike Cole Thomas Eastwood Ted Newman Cindy Kindschi Martie Stewart Scott Savage Neil Ainsworth Jennifer Hedger Steve Hoffman Kirsten Emborg Ted Lang Joe Billion President Pomnichowski announced a change in the order of the agenda. She noted Items 2 and 3 would be addressed following the informal discussion and the project review. ITEM 4. JOINT MEETING WITH ZONING COMMISSION INFORMAL REVIEW Joe Billion Informal #I-06005 Discussion of Joe Billion’s request to discuss a Growth Policy Amendment and a Zone Map Amendment – Joint discussion with the Zoning Commission. (Allow Zoning Commission to adjourn prior to resuming the Planning Board meeting.) Kirsten Emborg, applicant’s representative, presented the proposal. It was a consensus of the Planning Board and Zoning Commission members that an expansion should continue to the north of the present dealership rather than along Huffine Lane. ITEM 5. PROJECT REVIEW Major Subdivision Prel. Plat Application #P-06006 - (Lydens). A Major Subdivision Preliminary Plat Application with a Variance and a Waiver requested by the property owners, William and Lois Lydens, represented by Engineering Inc., to allow the subdivision of 13.225 acres into 49 single-household lots and one (1) lot for common open space. The property is legally described as Tract 8 Less the West 165 feet and the Tract 8 West 165 feet, Smith Subdivision, is situated in the N½ of the NW¼ of Section 11, T2S, R5E, PMM, and the Unplatted Tract Referenced in Deed Book 155, Pages 56-57, and situated in the NE¼ of the NE¼, section 10, T2S, R5E, PMM, Gallatin County, Montana, and is generally located at 5000 West Durston Road. (Saunders) Assistant Director Chris Saunders presented the Staff Report. He distributed two letters of public comment, one in opposition to the subdivision as proposed, and the other with recommendations for a linear park, three-lane Fowler Avenue, and leaving the section line ditch not enclosed in a pipe. President Pomnichowski asked if cash-in-lieu monies would be used to construct the west half of the street. Assistant Director Saunders noted those monies are suggested to be used to construct the trail on the west side of Fowler Avenue. He described the obligation of the applicant for the construction of the roadway. Mr. Henyon about the phasing referenced in condition #3, #15, and #29. Assistant Director Saunders explained that Staff is recommending a single phase, and the other conditions are standard and apply equally to a single or multi-phase subdivision. President Pomnichowski asked how storm water would be handled if the ditch is piped. Assistant Director Saunders noted the applicant would have to work that out with the ditch company. President Pomnichowski asked about the access road for sewer. Assistant Director Saunders noted the location of the sewer and the access road to the south with a gravel standard south of Cascade Street. President Pomnichowski noted they are one RSL short. Assistant Director Saunders explained how that unit requirement can be met noting the CAHAB recommendation. President Pomnichowski asked if the Cascade Subdivision property owners signed a waiver of right to protest the improvements to Cascade Street. Mr. Jarrett asked for the time frame on the construction of Durston Road. Assistant Director Saunders noted this spring it will be started on the western end. Mr. Jarrett asked how access will be met for two accesses. Assistant Director Saunders noted the DRC granted a waiver and an access road will be installed on the southern end of the property Chris Budeski, Madison Engineering and the applicants’ representative, noted the biggest topic is the placement of the street in the right-of-way. He shifted it to allow a larger corridor on one side than two individual corridors, with the corridor behind the homes on the west. He noted the curbs would have to be moved when the street is expanded in the future. He noted the phasing was proposed due to the location of a pond in the center of the property. He noted there are two issues with the ditch, the discharge of stormwater will be discharged further down the area north of Durston Road. He discussed mitigation of run-off water. He noted Fowler Avenue will be acting as a local street for the time being. He noted there will be a trail all the way from Harvest Creek to the Bozeman Ponds due to the proposed access road. Mr. Budeski stated he had concerns with several conditions. Condition #19 – he noted the irrigation for landscaping wouldn’t be accounted for and he would prefer to install sidewalks when the homes are built. He noted there is a conflict between what is recommended and what happens in reality. Condition #22 – the right-of-way for an alley can be 30 feet with a 20 foot roadway. He asked for clarification of condition #18 – the street only has to be for two lanes. Assistant Director Saunders noted condition #19 depends on the character of the sidewalks, are they concrete or asphalt. It may make more sense to install all of it if asphalt or section by section if concrete. Condition #22 – width of alley – was acted upon by the DRC. Condition #18 – he discussed the installation of the second half of the street. Mr. Hope asked for the process for designating impact fees to pay for improvements. Assistant Director Saunders explained. Ms. Roberty asked about the open space between Lots 10 and 11. Assistant Director Saunders noted the Transportation Plan found a need to balance access with the grid system. He described the suggestion to move Jennifer Street to the south three blocks to meet the block length requirement. He noted a link was needed from the cul-de-sac to Fowler Avenue for pedestrian access. Ms. Roberty asked if they would use cash-in-lieu for the rest of the parkland. Mr. Budeski stated they would. President Pomnichowski OPENED THE MEETING FOR PUBLIC COMMENT. Cindy Kindschi, 505 Valley Drive, noted the last paragraph states that they are not opposed to the subdivision, just the design of the subdivision. She suggested the applicant consider 10,000 acre lots. Ted Newman, 535 Valley Drive, discussed a different lot size, installing the park earlier, the need for more parking, longer parking spaces for large vehicles, larger lots especially on the Valley Drive side. He stated bigger lots for single level homes would better fit the neighborhood to the east. Scott Savage, 301 Valley Drive, noted Christopher Way has an odd ending. He stated he was concerned about the usability of the land to the south and suggested the road configuration as proposed be carried forward. He noted all of the RSL lots are adjacent to two or three back yards along Valley Drive,. He stated he was concerned about the impact on values by having more lots in the backyard. He suggested moving the RSL lots to the center of the subdivision or scatter them throughout the subdivision. Martie Stewart, 3303 Bitterroot Way, reiterated her support of prior statements. She noted her home would be surrounded on three sides if the extension of Valley Drive, Cascade Street, and Christopher Way continue. She suggested a different alignment for Christopher Way – connecting to Sweetgrass Avenue and possibly abandoning Bitterroot Way next to her home. Mike Cole, 322 Sweetgrass, suggested the roadway should be moved to the east to enlarge the parkland. He suggested that irrigation ditches are too valuable an amenity to be piped. Steve Hoffman, 3425 West Broadwater Avenue, was concerned with connecting the trails to the north and south, limiting Fowler Avenue to 3 lanes, and keeping the ditch open and vegetated. Ted Lang, GVLT, stated the trail connection is vital to the trails system. It is important to have a separated paved trail for the safety of youngsters. The corridor north and south with links to others is more important than a sidewalk. He noted the location of the trail was acceptable in either the applicant’s proposed location or the Staff recommended location. President Pomnichowski called for further public comment, and hearing none, she CLOSED THE PUBLIC COMMENT PORTION OF THE MEETING. Mr. Jarrett asked to revisit the street profile. He noted he was leaning to having a bike path only on one side of Fowler Avenue with the extra width on the east side for more parkland. Assistant Director Saunders noted the RPAB had stated concerns with cash-in-lieu, and the need for a trail connection, leaving the 100 foot right-of-way. Mr. Budeski noted it would move the road out of the backyards of the residents of Sweetgrass Street. He noted the expansion of Fowler Avenue, when converted to a three lane facility, would only extend 10 feet into the park. He noted the moving of the roadway to the east would make the expansion easier by removing the curb, gutter, street trees, etc. on one side. Assistant Director Saunders noted the recommendation of Engineering Staff is to leave the street on the centerline and curb and gutter on the east side. He noted he will discuss the curb and gutter issue with Engineering staff prior to the City Commission hearing. Mr. Hope asked about the concerns from the neighbors of the eastern lots. He asked if the applicant need the number of lots to pencil out the development. Mr. Budeski noted builders have spoken for most of the lots. Mr. Hope voiced concerns about the character of the lots and development requirements. Mr. Budeski noted this is what happens when there are infill lots. Mr. Hope noted the neighbors don’t have a leg to stand on. He noted that until the City Commission changes their mind on the RSL lots, the neighbors are stuck with small lots adjacency. Assistant Director Saunders noted there is the opportunity to adjust lots within the subdivision without changing the number of lots. Mr. Hope noted he would vote against the proposal due to the affect on the neighbors. Mr. Henyon stated he concurred with the concern about the three RSL lots being located behind one of the lots. Ms. Roberty noted there would still be three lots behind a neighbor due to the length of the neighbor’s lot. She stated she is interested in a wider pedestrian corridor as Mr. Jarrett suggested. Otherwise she stated she is in support of Staff’s conditions. Mr. Kirchhoff stated he is in favor of Staff’s conditions. President Pomnichowski noted the zoning was done as close as possible to the density and types of development of the neighboring lots – R-1. She noted many of the lots are larger than the minimum 5000 square foot lot minimum. She noted the RSL lots could be scattered through out the subdivision. She stated she has a moral dilemma with the alignment of Fowler Avenue. She noted centering it in the right-of-way makes sense to her. She’d rather have a trail in her front yard than a street. She noted she could see justification for each of the options. She noted she is supportive of leaving the ditch unpiped. Mr. Jarrett noted they may not have enough information to make a decision. Neil Ainsworth stated they have brought the proposal to Planning Board and City Commission for the third time and he stated he felt they had addressed their issues. Mr. Henyon noted he is in favor of the proposed location of Fowler Avenue. Mr. Hope concurred. The discussion followed on changing condition #18 to the roadway being constructed as proposed by the applicant. Mr. Caldwell left the meeting at 9:30 p.m. Discussion continued among the Board members. MOTION: Mr. Jarrett moved, Ms. Roberty seconded, to modify condition #19 to require the applicant to install the east half of Fowler Avenue. The motion failed by a 2- 4 vote with Mr. Hope and Mr. Jarrett voting for the motion. MOTION: Ms. Roberty moved, Mr. Kirchhoff seconded, to recommend approval of application #P-06006. The motion carried by a 4-2 vote, which was not a majority of the nine member board. The application will move forward to the City Commission without a formal recommendation of the Planning Board. Mr. Kirchhoff and Mr. Hope voted against the motion. Mr. Hope noted he wasn’t against the subdivision, his vote reflected his personal objection to certain standards in the UDO and the 2020 Plan. 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.} There was no public comment. ITEM 3. MINUTES OF MARCH 7, 2006 President Pomnichowski called for corrections or additions to the minutes of March 7, 2006, and hearing none, she declared the minutes approved as presented. ITEM 6. OLD BUSINESS Director Epple gave an update on projects Planning Board had given recommendations to the City Commission. He noted the Commission had reviewed another set of UDO proposed edits the previous night and would be continuing with the review, with the Affordable Housing edits to be reviewed next. The Board commended Staff for the 2005 Annual Report, noting it contained useful information. ITEM 7. NEW BUSINESS A heated discussion ensued on “grandstanding” about one’s feelings on the appropriateness of the UDO and the Bozeman 2020 Community Plan. It was determined that the Board’s purview is to evaluate a proposed application against the goals, etc., of the 2020 Plan and UDO requirements. During the review of a project was not time to air one’s opinion of the goals and strategies of the 2020 Plan. Those discussions would come during the 2020 Plan Update, which will begin later this year. ITEM 8. ADJOURNMENT There being no further business to come before the City Of Bozeman Planning Board, the meeting was adjourned at 11:00 p.m. _____________________________________ ________________________________________ Andrew Epple, Director JP Pomnichowski, President Planning and Community Development City Of Bozeman Planning Board