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HomeMy WebLinkAbout04-19-05 Planning Board Minutes.docTHE CITY OF BOZEMAN PLANNING BOARD TUESDAY, APRIL 19, 2005 MINUTES AGENDA CITY OF BOZEMAN PLANNING BOARD COMMISSION MEETING ROOM, CITY HALL, 411 EAST MAIN STREET WEDNESDAYTUESDAY, JANUARY 1FEBRUARY 155, 2005 7:00300 P.M. (There is no Zoning Commission meeting scheduled) ITEM 1. CALL TO ORDER AND ATTENDANCE President Harry Kirschenbaum called the meeting to order at 7:15 p.m. and directed the secretary to record the attendance. Members Present Staff Present Dave Jarrett Andrew Epple, Director of Planning and Community Development Harry Kirschenbaum Carol Schott, Recording Secretary Ed Musser Jane Stroup JP Pomnichowski Jeff Krauss Visitors Present (A complete list is available at the City of Bozeman Office of Planning and Community Development.) ITEM 2. PUBLIC COMMENT (0-15 MINUTES) {Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.} President Harry Kirschenbaum called for public comment on any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. He asked that the speakers limit their comments to three minutes per speaker. No speakers came forward. ITEM 3. MINUTES OF APRIL 15, 2005MINUTES OF JANUARY 4, 2004 ITEM 4. PROJECT REVIEW A. Major Subdivision Preliminary Plat Application #P-04059 - (The Village Downtown Amended Plat). A Major Subdivision Preliminary Plat approval, requested by the owners, Village Investment Group, Inc., to allow the re-subdivision of ~ 8 acres in the Amended Plat of the Village Downtown PUD that would allow a reduction in the number of residential townhouse lots from 32 to 28 lots. The property is described as Lots 101 through 145, Village Downtown PUD Subdivision and is located in the NE¼ of Section 7 and the NW¼ of Section 8, T2S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The property is located generally located east of North Broadway Avenue on both sides of Village Downtown Boulevard. (Windemaker) President Kirschenbaum called for corrections or additions to the minutes of April 5, 2005. Hearing none, he declared them approved as presented. B. Growth Policy Amendment Application #P-04060 - (Spring Creek Village Resort, Lot 5). A Growth Policy Amendment application, proposed by the owners, Michael W. Delaney and Ileana Indreland, to amend the growth policy land use designation, as shown on the Future Land Use Map, from “Business Park” to “Community Commercial” on ~ 31 acres. The property is described as Lot 5, The Spring Creek Village Resort Subdivision , and is located in the SW¼ of Section 10, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. The property is generally located between West Main Street/Fallon Street and Ferguson Avenue/Resort Drive. (Skelton) ITEM 54. PROJECT REVIEW A. Minor Subdivision Preliminary Plat Application #P-04062 - (Brady Avenue). A Minor Subdivision Preliminary Plat application, requested by the applicant, Stockyard, LLC, represented by ThinkTank Design Group, Inc., to allow the subdivision of ~ 2 acres into 4 residential lots. The property is owned by Tom & Susan Vander Vos, and is described as Lot 20, Block 7, Babcock & Davis Addition, City of Bozeman, Gallatin County, Montana. The property is generally located at north end of Brady Avenue, between Wallace Avenue and Ida Avenue. (Kozub) B. Major Subdivision Preliminary Plat Application #P-04061 - (The Legends at Bridger Creek). A Major Subdivision Preliminary Plat application, requested by the applicants, Brownstone Capital, represented by Van Bryan Studio Architects, to allow the subdivision of 20.12 acres into 65 residential lots. The property is owned by Aspen Properties I, LLC, is described as a tract of land being Tract 7A of Certificate of Survey No. 2408, and is situated in the NW¼ SW¼ of Section 32, T1S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The property is generally located at the northeast corner of the intersection of Story Mill Road and Boylan Road extended. (Morris) MEET JOINTLY WITH ZONING COMMISSION C. Major Subdivision Pre- Application #P-04058 - (Creekwood). A Major Subdivision Pre-Application, requested by the owners/applicants, Snowload LLC, represented by Gaston Engineering & Surveying, to allow the subdivision of ~ 38 acres into 53 residential lots. The property is described as a tract of land being the second tract described in Document No. 2012272, situated in the E½, SE¼ of Section 32, T1S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The property is generally located north of Bridger Drive, northeast of Headlands Subdivision. (Morris) A. INFORMAL REVIEW Informal Application #I-04031 - (Churn Creek Meadows). An Informal Application, requested by the owners OBD Inc., represented by Springer Group Architects , P.C., to annex and provide urban zoning of R-1 (Residential, Single Family, Low Density District) for 360 acres. The property is currently zoned A-S (Agriculture Suburban) in the county. The property is located East of Story Mill Road, just east of the City of Bozeman Landfill. (Morris B. UDO REVISIONS UDO Policy Edits, if any have been returned from other reviewing agencies. ITEM 56. OLD BUSINESS Growth Policy Amendment Application #P-05006 – (Simkins-Hallin) A Growth Policy Amendment Application requested by the owner and applicant, Westland Enterprises, represented by Tom Simkins, to amend the growth policy land use designations, as shown on the Future Land Use Map, from “Residential” to “Industrial” for approximately 4.68 acres and from “Parks, Open Space, and Public Lands” to “Industrial” for approximately 0.114 acres. The property is described Abandoned C M ST P & P RR, being an irregular shaped tract, Blocks 33, 41, 46 and 47; Lot 18 plus vacated streets and a portion of the vacated alley, Block 46; Lots 1-3, Block 41; Lots 9-16 less spur plus portion of the vacated alley west of lots 9-11, Block 46; Lots 1-8 plus portion of the vacated alley, Block 46; Lots 6-7, Block 49; Lots 8-9 less 18-foot strip NP RW, Block 49; Lot 13-15 plus portion of vacated Macadow Avenue, Block 49; Lots 10-12, Block 49; and the property described as Parcel A in City of Bozeman Ordinance #1309, all in the Northern Pacific Addition Subdivision, in the Northeast quarter of Section 7, T2S, R6E, City of Bozeman, Gallatin County, Montana. The property is located generally west of North Broadway Avenue between Lamme Street and Front Street. (Epple) Director of Planning and Community Development Andrew Epple presented the Staff Report. Mr. Krauss asked for the classification of Broadway Avenue. Director Epple noted it is a local street under the 2001 Transportation Plan; however, it was classified as a minor collector prior to that and was constructed to handle commercial uses. Tom Simkins, owner and manager of Simkins-Hallin Lumber Company, stated the business has been operating since 1950 in the neighborhood. He discussed the history of the business, the employment features, the competition, and their “good neighbor” policy. He noted parking for about 25 vehicles would be resolved with the parking lot proposed to the south. Brad Eble, Bridger Engineers, noted they have done a preliminary design of a proposed parking lot on the three lots to the south of the facility. Brian Gallik, Goetz, Gallik, and Baldwin, representing Simkins-Hallin Lumber Company, noted he was on the Planning Board at the time of the Bozeman 2020 Community Plan (2020 Plan) discussion. He noted there was no discussion of the land use for the Simkins-Hallin property at the time. He stated he felt it was a mapping error. President Kirschenbaum OPENED THE MEETING FOR PUBLIC COMMENT, and stated each speaker was limited to three minutes. Trish Reilly, a neighbor from across the street, noted it was unfair to lump the two land use amendments together in one discussion. She stated she and her neighbors have had 16 days to respond to the application, and asked for the three month process stated in the 2020 Plan for the neighbors to respond. She reviewed several sections of the 2020 Plan. She discussed the four criteria for Growth Policy Amendments. She noted there are already properly zoned areas and land use designated for Industrial Uses that the Simkins-Hallin Company could develop into parking within the area. LaDeen Dykema, 319 North Broadway and across the street from Simkins-Hallin, stated her grandmother had signed the petition before she spoke with Mr. Simkins, and now she wants her name taken from the petition. However, Ms. Reilly had stated she couldn’t remove a name from the petition. Ms. Dykema stated she is in favor of the land use designation application and commended the Simkins Company for their neighborliness. Leslie Driscoll and Jeffrey Hicks, 317 North Broadway Avenue, submitted a note from Mary Fogle requesting her name be removed from the petition. She noted she is in support of both the GPA and the ZMA. She stated she and her husband are in favor of the parking lot proposal. She noted Tom Simkins has talked to any who would take the time to cross the street. Clara Backman, 303 North Broadway Avenue, stated she doesn’t want the zoning changed, but would support a parking lot in the R-2 zoned area. Tricia Wilke, a neighbor, stated she liked living in the mixed-use neighborhood. She suggested locating the parking elsewhere, such as the bus barn area, and asked for as little zoning change as possible. Oshi Simsarian, 710 East Fridley Street, noted she felt the proposed land use designation would change the neighborhood. She stated she felt once the land use was changed to industrial, it probably would not be changed back to residential. She noted the land use change would allow other uses other than parking lots, and would affect her property values. She noted the proposal was being requested only to expand the lumber company. Dan Kavaney, East Davis Street, suggested the City and Mr. Simkins work out a method for the parking lot to be developed under the existing zoning. He stated he doesn’t want a propane factory or a tannery to locate on those lots in the future. He noted the current 2020 Plan is a good plan and limits the changes. He noted he would support the parking lot, but not an amendment to the 2020 Plan. Erin Shanahan, 810 East Davis Street, stated she concurred with Mr. Kavaney. She read a letter from Mr. and Mrs. Olenickey into the record. Martha Drysdale, 1408 South Black Avenue and owner of 210 North Broadway Avenue, stated she has renovated the 210 North Broadway Avenue property. She stated she is opposed to the change in the Growth Policy. Twila Devlin, 229 North Broadway Avenue, stated she was opposed to the rezoning of the property. Vanessa Van Beusekorn, 809 East Davis Street, stated she would not like to see the business expand further due to health and safety in the neighborhood. President Kirschenbaum called three times for further public comment, and hearing none he CLOSED THE PUBLIC COMMENT portion of the meeting. Ms. Stroup asked if the neighborhood across from the three lots in question had always been residential. Director Epple noted there were at least two actions by previous City Commissions that rezoned the area from manufacturing to residential. Ms. Stroup asked if residences were permitted in a manufacturing district. Director Epple noted apartments were permitted on the second and subsequent floors. Mr. Jarrett asked who owns the railroad line behind the property. Tom Simkins responded that either Rail Link or BN owns it. Mr. Jarrett asked Mr. Simkins if he was aware of the land use change when the 2020 Plan was drafted and adopted. Mr. Simkins noted they discovered it just when this proposal came up. Mr. Musser noted he was member of the Planning Board when the 2020 Plan was drafted and adopted. He stated he felt this was a mapping error. He noted there was no specific discussion on this area. Ms. Simsarian stated she disagreed with this being considered a mapping error. Mr. Gallik responded that he was a Planning Board member at the time and attended most of the 2020 Plan meetings and he felt it was an oversight on behalf of the Planning Board. He noted it would be inconsistent with the Simkins property to consider a residential designation for the area which was being used commercially. He noted it was never considered by the Board to be residential. President Kirschenbaum asked Director Epple for his recollection of the area during the 2020 Plan. Director Epple noted there was much discussion of the Delaney property and the Idaho Pole Company. He stated he had no recollection of any discussion of the Simkins-Hallin site. MOTION: Mr. Jarrett moved, Ms. Stroup seconded, to recommend approval of P-05006 as published. Mr. Krauss reviewed the criteria. He noted there are two decisions to be made, one was on the proposed parking lot to be constructed on three lots to the south, and two, the reclassification of the lands adjacent to the railroad tracks. He noted the rail spur is critical to industrial development, and it is important to the general community to maintain the railroad infrastructure. He noted many toxic wastes and other poisonous materials pass through our community on the rail lines. He noted a deficiency in parking was being addressed. He stated an inconsistency was being addressed. He stated the overall intent of the growth policy was being met, and the local business economy of Bozeman must be strengthened. He noted industrial property should be located adjacent to the railroad lines and spurs. He stated neither the livability of the area nor the health and safety of the residents is jeopardized by moving the employee parking from the street onto a parking lot. He stated he felt the change met the criteria and he supported the amendment. The motion carried 5-0, with Ms. Pomnichowski abstaining as she arrived during the discussion. ITEM 5. UDO REVISIONS – Joint meeting with Zoning Commission following the two hearings on their agenda. UDO Policy Edits requested for further consideration. President Kirschenbaum announced the meeting would be recessed until after the Zoning Commission project reviews. The Joint Meeting of the Planning Board and Zoning Commission was called to order at 9:50 p.m. by Vice President JP Pomnichowski. She directed the secretary to record the attendance. Members Present Staff Present Dave Jarrett (PB) Chris Saunders, Assistant Director of Planning and Community Development Ed Musser(PB/ZC) Carol Schott, Recording Secretary Jane Stroup(PB) JP Pomnichowski(PB) Cliff Chisholm(ZC) Page Lutes(ZC) Visitors Present (A complete list is available at the City of Bozeman Office of Planning and Community Development.) UDO Policy Edits requested for further consideration. Planner Saunders noted Edits #106 - #118 deal with lighting and should be reviewed as a group. The Joint Board concurred. Edit #106 – Planner Saunders presented Staff Comments. Vote – Action 1- The Joint Board requested more information. Planner Saunders discussed the costs of the change and the effects on developers. Mr. Jarrett noted the cost of lighting runs $22-$23 per household in Allison Subdivision. Planner Saunders referred the Joint Board to a table in the UDO which addresses the spacing of lighting. Vice President Pomnichowski asked if the Edit was actually needed. She stated there already seemed to be a provision that covered the issue. Planner Saunders noted the edit referred to lighting along a pedestrian walkways. Ms. Stroup stated the edit could create higher costs for developers of apartments and condos. Vice President Pomnichowski noted public health, safety, and welfare shouldn’t be jeopardized by lighting. Ms. Stroup noted the lighting seemed to lie with the developer, and perhaps public health and safety should be provided by the City. Vote – Action 1 – 4 - 2 Edit #107 – Planner Saunders presented Staff comments. Brian Close, 1260 East Olive Street, noted the change recommended by Jim Armstrong of Northern Rockies Agency might have merit for blocks longer than the standard City block. It could require mid-block lighting for short blocks, which usually was unnecessary. Vote – Action 1 - 1 – 5 Action 4 – 5-1 Edit #108 – Planner Saunders explained the proposed edit and gave Staff comments. James Armstrong, Northern Rockies Agency, explained the EPA with relation to the wind gust factor. He suggested the City set standards for the EPA, such as a 100 EPA zone. Planner Saunders suggested the standard be set according to IBC. Mr. Chisholm suggested the Building Division should adopt a local standard for the EPA. Mr. Armstrong stated the number had to be specific. Ms. Stroup stated someone may have to come up with another standard. Vice President Pomnichowski stated she would support a number that was in compliance with the IBC. Vote – Action 1 – 0 Action 4 – 4-2 Mr. Jarrett Stated the Bozeman Area should determine structural standards which reference the IBC standard and with a specific number. Edit #109 – Planner Saunders presented Staff comments. Mr. Close stated there seemed to be inconsistency in the proposal. The applicant both supports the IESNA standards yet doesn’t support it. Mr. Armstrong stated he had a problem using vertical luminance for measuring lighting. He noted it was with good reason that the IESNA had developed the standards. He noted he could obtain several numbers relating to the same parking lot depending where he was standing. He discussed the vertical lumination of a building. He noted it is difficult to obtain similar vertical calculations on property boundaries. Mr. Chisholm noted the intent was to prevent the spreading of light onto other properties. Mr. Close noted there are two parts to this Edit, one is light trespass, and the other is the measurement of light in a parking lot. Vote – Action 1A – to delete the minimum vertical luminance – 4-2 Karin Caroline noted the 10:1 ratio creates more uniform lighting. Mr. Armstrong noted if the numbers in the table were narrowed too much, it would create a situation where it would be difficult to meet the standards. He noted his concern was that if the maximums and minimums were too narrow the standards couldn’t be met. Action 1B – to change the uniformity ratio – 0-6 Edit #110 – Planner Saunders presented Staff comments. Vote – Action 1 – 1-5, then Mr. Lutes changed his vote. Action 4 – 6-0 Edit #111 – Planner Saunders presented Staff comments, including the substitute language on the salmon sheet. Vote – Action 1 – 1-5 Mr. Close noted the discussions with the Dark Skies organization indicated they were supportive of taller pole heights. Mr. Jarrett suggested the joint board/commission vote on staff’s recommended action Action 1 as amended by staff – 6-0 Mr. Armstrong noted the 35 foot pole height would cause owners to use bulbs of larger wattages to increase uniformity; therefore, the brightness of the light in the fixture would be hugely different. Edit #112 – Planner Saunders presented Staff comments. Vote – Action 1 – 0 - 6 Mr. Armstrong noted the problem was not with fixture performance but with fixture design. He noted it depended on the purpose of the lighting. He noted the wording proposed by Staff was very limiting with the requirement for full-cut-off luminaries. Edit #113 – Planner Saunders presented Staff comments. Ms. Caroline noted the rationale for the Edit was to require the point-by-point diagrams for lighting. Planner Saunders noted Staff has no problem adding the sentence to the criteria, but didn’t want to replace the section with the proposed language. Vote – Action 1 – 0-6 Mr. Jarrett recommended the wording be added to the existing UDO paragraph. Vote – 5-1, with Ms. Stroup voting no. Edit #114 – Vote – Action 1 0-6 The Joint Board amended Action 1 to add language to existing section E.3 Vote – 5-1, with Ms. Stroup voting no. Edit #115 – Planner Saunders presented Staff comments. Vote – Action 1, to add Point-by-point diagrams to the existing UDO, 5-1, with Ms. Stroup voting no. Edit #116 – Planner Saunders presented Staff comments. Mr. Armstrong suggested the definitions appear on the IESNA cut sheets rather than construction features. He discussed the testing procedures. He noted there were areas in the City where the City won’t want full cut-off lenses. Mr. Chisholm noted the hour is late, the experts were making what seemed to be good recommendations. Therefore, he suggested the Joint Board continue the meeting to complete the review of the lighting edits. Ms. Stroup noted there was a chance of being inconsistent if the discussion were continued for two weeks. She suggested Staff develop a method of comparing the edits on lighting. Mr. Close noted the existing code was not designed for anything but full cut-off lenses. He stated the City would have to establish a standard for variation in lenses. Vote – Action 1 – 0-6 Recommending the City Commission look into the issue with an task force to review lighting issues and submit recommended action. Edit #117 – Planner Saunders presented Staff comments. - Vote – Action 1 – 0-6 Edit #118 – Planner Saunders presented Staff comments. Ms. Stroup noted she supported the recommendation. Vote – Action 1 – 4-2 ITEM 667. NEW BUSINESS There was none. ITEM 7. OLD BUSINESS There was none. ITEM 878. ADJOURNMENT There being no further business, the meeting was adjourned at 11:30 p.m. ____________________________________ ___________________________________ Chris Saunders, Assistant Director JP Pomnichowski, Vice President Planning and Community Development Planning Board and Presiding Officer Joint Planning Board/Zoning Commission