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HomeMy WebLinkAbout05-03-05 Planning Board Minutes.docTHE CITY OF BOZEMAN PLANNING BOARD TUESDAY, MAY 3, 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 7:05 p.m. and directed the secretary to record the attendance. Members Present Staff Present Sarah Alexander Jody Sanford, Associate Planner Dave Jarrett Andrew Epple, Harry Kirschenbaum Carol Schott, Recording Secretary Jeff Krauss Ed Musser JP Pomnichowski Jane Stroup Mike Hope Visitors Present Tracy Blain Mary Martin Caren Roberty Amanda Cater Vicki DeBoer Dennis Foreman Cory Frehsee Chris Nixson Tom Olenicki Marcia Kaveney Michael Plummer Julie Kleine Aaron Mugaas John Dunlap Karin Caroline 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 Kirschenbaum called for public comment, hearing none, he closed the public comment portion of the meeting. ITEM 3. MINUTES OF APRIL 119, 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 19, 2005, and hearing none, declared the minutes 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 Minor Subdivision Preliminary Plat Application #P-05014 - (Story Mansion). A Minor Subdivision Preliminary Plat approval, requested by the owner and applicant, City of Bozeman, to allow the aggregation of 26 lots and their apportioned alley to one (1) lot. The property is described as Lots 1 - 26, Block 3, Butte Addition and is located in the NW¼ of Section 18, T2S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The property is generally located between West College Street and West Harrison Street, and between South Willson Avenue and South Grand Avenue. (Sanford) {This is ONLY a public meeting, not a public hearing.} Associate Planner Jody Sanford presented the Staff Report. Mr. Jarrett asked why the aggregation was being done at this time. Planner Sanford read portions of the RFP for the property. Mr. Jarrett asked about the funding for the improvements and its status. Planner Sanford noted the City has received an Economic Development Grant for one- half million dollars. Mr. Krauss discussed his involvement in the City Manager’s Task Force and the proposals which may be forth coming. He noted the City is interested in a much higher scrutiny than that permitted with a Certificate of Appropriateness and a building permit. He noted there is some interest in the property and the City wants to get the property on the market. He stated he thought the disaggregation would result in a loss of value below what could be realized if the property were developed with houses on all or most of the lots that could possibly hold a house. President Kirschenbaum asked if the property value will be diminished by the aggregation as stated in Mr. Delaney’s letter. Mr. Krauss stated the Commission didn’t think that was true. President Kirschenbaum asked what the fixing up will cost in matching money. Mr. Krauss stated he didn’t know. Ms. Stroup stated there was an RFP that failed earlier. She noted some improvements paid for with grants from the Federal Government may make the property more saleable. She noted the aggregation of lots may be a good thing and she stated she is in favor of the aggregation. She noted she would like an option that the house not be required to be refurbished as it once was as the people of Bozeman may not be interested in saving the home. She noted it is the property of the City and the City Commission are its trustees. Ms. Pomnichowski noted the task at hand was to aggregate the lots, not to save or restore the house. Ms. Stroup stated she wanted it in the record that there should be an option for the reconstruction of a more modern mansion. Ms. Alexander noted she disagreed with Ms. Stroup’s assessment of the mansion. She stated historic preservation is important to the community. She noted she is in favor of aggregating the lots into one lot to protect the mansion. She stated Mr. Delaney’s comment in his letter implies that the one and only responsibility to the City’s residents is financial. Mr. Hope asked if the City Commission was in agreement for the aggregation. Mr. Krauss noted it would devalue the property if one considers the possible addition of 10 to 12 homes. He noted the City Commission felt the best method of preserving the property was to aggregate the lots. Mr. Hope noted he felt the spending of the 1.2 million dollars on the property was not in the City’s purview. President Kirschenbaum noted he has his misgivings in recommending approval as he believes the City government has a fiscal responsibility to the people. MOTION: Ms. Pomnichowski moved, Ms. Alexander seconded, to recommend approval of application #P-05014. The motion failed 3-3, with Ms. Pomnichowski, Ms. Alexander, and Ms. Stroup voting in favor; Mr. Hope, Mr. Musser, and President Kirschenbaum voting in opposition; and Mr. Krauss and Mr. Jarrett abstaining. ITEM 5. UDO REVISIONS – Continue with joint meeting with Zoning Commission.. UDO Policy Edits requested for further consideration. Edit #120 – Assistant Director Chris Saunders presented Staff comments. President Kirschenbaum opened the meeting for public comment: Caren Roberty, Community Director for HRDC, distributed “Affordable Housing Limits in Gallatin County and Bozeman” statistics. She described the process the Community Affordable Housing Advisory Board (CAHAB) used to meet the City Commission requirements that affordable housing be continuously available. She reviewed the criteria for Restricted Size Lots (RSL’s) and Restricted Size Units (RSU’s) and how the proposed limitations should meet the requirements set by City Commission. She described the three recommended changes CAHAB has proposed. Director Andrew Epple commented on his appreciation of the work the Board does from his liaison attendance of their meetings for 18 or so months. Ms. Stroup asked who would fund the assistance, the City? Ms. Roberty noted there are many sources. The chart shows the income levels where assistance is needed and available. The applicants can purchase any lot and the lots can be sold or resold to anyone. She described the limits imposed by FHA, which has a mortgage limit of $172,000.00. Mr. Jarrett argued that the mortgage limit doesn’t limit the cost of a home. If the buyer has a greater down payment, then they can finance the rest. Ms. Roberty noted that is highly unlikely as these applicants make borderline poverty salaries and usually don’t have any money left to save. Tracy Blaine, HRDC, noted the “affordable” price of a home is different for everyone. She noted the goal is to try to have the working community live in the community. She noted the City is putting $100,000.00 into the affordable housing program each year, which helps approximately six families per year. A study was done to determine how many homes are needed for low income families, which indicated a need for 60 homes per year. Therefore, the community needs to provide more affordable homes. Mr. Hope stated he had no problem developing strategies for providing more affordable housing, but if he doesn’t want to live there, he should have that choice. Ms. Blaine noted the limitation on the size of the living space will help to limit costs. Ms. Alexander noted that, even if she had several thousand dollars for a down payment, she could be disqualified for the assistance. President Kirschenbaum asked how CAHAB was able to help 6 families in Bozeman. Ms. Blaine explained and noted she would like to help more families, but needs more matching funds. She noted the available of affordable homes is also an issue. Mr. Lutes asked if a developer has to participate in the program. Assistant Director Saunders stated each subdivision is required to participate, then he described how the Legends subdivision blended the size of the lots. He stated another method was to dedicate the lots to the city in a certain ratio. Or the developer can make an arrangement with another developer to place more affordable lots within the second subdivision and none in the first subdivision. Ms. Stroup asked what the fee for cash-in-lieu would be. Ms. Alexander described how the fee would be calculated. Ms. Stroup noted she has a problem understanding how the cash-in-lieu works. Assistant Director Saunders explained the process. Mr. Lutes asked if the owner has to live in the home for a certain amount of time. Ms. Roberty noted there wasn’t a time limitation. She noted diversity in the city is necessary so the firefighters, paramedics, bank tellers, etc. can live here too. Amanda Cater, member of the CAHAB Board, works with Habitat for Humanity and noted they haven’t been able to purchase lots in Bozeman for several years due to the cost. She noted the value of home ownership raises the aspirations of the homeowners, who often go back to school, and their children often do better in school due to increased stability. She stated rent and utilities take about 50% of their income per month. Vicki DeBoer, Community Director for AWARE, noted that parents of children with severe disabilities are often low income families, which is often due to the ability of only one parent who can work as the other must care for the disabled youth. She noted home ownership provides stability for children. She noted most of the services these children need are in Bozeman and more readily available if they don’t need to travel from out of town. John Dunlap, a local developer, stressed affordable housing is important for every community. He noted the RSL method is very limiting. He discussed lot sizes and limitations, PUD points credits, the difficulty of meeting the parkland requirements, and the need for developers to meet with CAHAB to formulate a better method for affordability. He noted the current process is very disjointed. He noted he can’t provide the lot at the RSL price due to the cost of the land, the subcontractor costs, and the construction costs. Ms. Stroup noted the plan was a long time in development and developers were included on the committee. She wondered what factors don’t work. Mr. Dunlap noted everything is so interconnected, i.e., the more dense the development, the more parkland is required. He noted he felt the whole document on affordable housing needs to be rewritten. Mr. Jarrett stated the plan has to fit economically. He noted the development costs for the infrastructure have increased tremendously. He noted the impact fee costs weren’t included in the CAHAB plan. Mr. Dunlap noted the construction of a 1050 sq ft home is nearly the same cost as a 1550 sq ft home. Mr. Lutes asked if Mr. Dunlap if he had a problem with a vote on Edit #120. Mr. Dunlap noted it would create another conflict upon a conflict. Mr. Hope stated the strategies the City and CAHAB are using doesn’t work. Mary Martin, member of Affordable Housing Board, stated the City needs multiple tools in its tool box to meet the affordable home needs. She noted the problems need to be worked through. She noted that Ms. Blaine pointed out that the FHA limits are used by many agencies. She noted the decisions made in the quality of materials chosen can affect the cost of a home. Mr. Evans asked who was at the meeting when the edit was drafted. Several members of the audience indicated they had been attendance and Ms. Roberty listed other attendees. Mr. Evans noted the only reason the RSL’s were placed in the Edit was an “or else the zoning would be restricted” would become part of the edit. He noted SWMBIA wasn’t for the edit as it is proposed. He noted the edit is in complete disagreement with much of what the SWMBIA Board discussed. Ms. Alexander asked if the issue was the vote being unanimous on the CAHAB Board. Ms. Roberty noted each Edit was forwarded with a unanimous vote; therefore cooperative changes were made to create an Edit that all could accept. Director Epple asked if the number of RSL’s was determined before hand, could he create a workable subdivision. Mr. Dunlap noted it would work if the required amount of parkland were decreased. It was noted the costs of a lot and the construction of the home have to be kept separate. Director Epple noted a 1550 sq ft home is too large to be considered affordable. He noted an architect has told him that RSL lots are going for $75,000 and, when the structure is completed, the total cost is $225,000.00. Ms. Pomnichowski asked Ms. Roberty if she could accept a certain number of RSL’s. Ms. Roberty noted CAHAB is willing to work with the developers to create the affordable units. She stressed it is a tool, but only one of them. She noted CAHAB needs to start somewhere. Ms. Pomnichowski asked Planner Saunders about section D. Assistant Director Saunders noted if there are omissions, staff would need to cross reference and rewrite as needed. He noted the limitations on lot size are addressed on the salmon sheets. He described the many methods the City has tried to address the issues. Mr. Jarrett suggested the Board/Commission throw out Edit #120. Ms. Alexander asked how the affordability of homeownership is proposed to be met. Mr. Evans noted he couldn’t support any of the three actions as they don’t solve the problem. He proposed an Action #5 to eliminate 18.42.180 entirely. He stated it wasn’t very well thought through, and not workable. Director Epple noted that is what Edit #121 proposes. Mr. Hope noted the assistance program would help with home ownership. He noted his business needs workers, however, when a developer is required to supply a certain number of affordable housing, it may be the straw that breaks the building industry’s back. Ms. Alexander noted that revision #2 contains too much division and too much going on to implement a price cap. She noted the code as it exists was adopted following many reviews with many possibilities for input, and these provisions need to be respected and be given a chance to work. She encouraged the developer industry and CAHAB to meet and work out a workable provision. Action #1 – She noted she would support it. She noted she didn’t think she could support a price cap or size cap at this time. Ms. Pomnichowski stated she supports both of the recommended actions as they are tools and are starting points for re-visitation of the principles for revisions. She noted she felt the requirement of RSL’s would help provide the common worker with homeownership. She noted she would not support scrapping the whole section; however, she stated work should be done to make the requirement workable. She noted she supported recommended Action #3. Mr. Musser noted providing affordable housing in Bozeman is always going to be challenging. He noted smaller lots will encourage affordable housing. He stated he supported smaller lots. He noted he doesn’t see any reason for Action #1. Ms. Alexander noted she thought Action #1 would further the city's goal of increasing home ownership opportunities within the city. Mr. Jarrett discussed his history of housing and methods of purchasing a home. He noted owning a home is a feel good subject. He discussed the development of properties in Bozeman and the increase in pricing of them. He noted every time the City changes the Code, it caused a price increase in housing. He stated the whole section needs to be reevaluated. He suggested that amenities could be installed of lesser value to make affordable housing possible. He stated he supports Edit #121. Vote – Action #1 – 0 Action #2 – 0 Action #3 – 2 Action #4 – 6 Edit #121 – Vote - Action #1- 4 Action #4 – 5 Mr. Hope noted he was not opposed to affordable housing. Ms. Pomnichowski suggested a sub-committee be formed to restructure or revisit the affordable housing section. The Board/Commission unanimously endorsed Ms. Pomnichowski statement. A short recess was called. Edit #145 – Assistant Director Saunders presented Staff comments. Dennis Foreman, UDO Group, noted they would accept Staff’s suggestion. Vote – Action #1 – 0 Action #2 - to substitute – “The Board/Commission is unanimously in favor of the Staff suggestion where the 2020 Plan does not designate the type of trail, the DRC shall make the determination.” 9 - 0 Edit #146 & #147 – Assistant Director Saunders presented Staff comments, noting Staff was in favor of the rewording proposed by the RPAB. It would limit RPAB’s decision-making to trails not identified by the 2020 Plan or by the DRC as a transportation pathway. The UDO group members present stated they would support Action #2 as presented by Planner Saunders for #146 and #147. Vote – Action #2 as corrected – 9 - 0 Edit #148 – Assistant Director Saunders presented Staff comments. Ms. Stroup asked for comment from the UDO Group. Karin Caroline noted the group was looking for a more clear definition of trails which can be counted as parkland. Ms. Caroline noted that when Edit #148 and Edit #149 were being put together by the UDO Group, the Group was considering recreation pathways and didn’t realize this Edit referred to a transportation pathway. The Group withdrew both Edits #148 and #!49. Vote – No Action 9 - 0. ITEM 6. NEW BUSINESS Assistant Director Saunders gave an update that City Commission will review next section at Monday’s meeting. Everything that was finalized in the minutes for the evening. He noted the State Legislature met this year and Staff has to get some statute requirements into the UDO by October 1, 2005. He noted Staff will try to meet the June deadline of getting the Edits to City Commission for October adoption. Mr. Hope suggested the Board/Commission stay more focused. Director Epple reported that City Commission approved the Simkins-Hallin GPA 4-1 and ZMA 5-0. Ms. Pomnichowski noted Commissioner Krauss asked the Board/Commission to attend the City Commission meeting to encourage them to give the time and effort necessary to consider the UDO Edits. Ms. Pomnichowski stated she was planning to attend the Floodplain workshop sponsored by County Planning, noting it is free. She encouraged other Board/Commission members to attend and notify County Planning ahead of time so enough materials will be available. ITEM 7. OLD BUSINESS There was no old business to be discussed ITEM 8. ADJOURNMENT There being no further business to come before the Joint meeting of the City of Bozeman Planning Board/ Zoning Commission, the meeting was adjourned at 10:10 p.m. _____________________________________ ____________________________________ Andrew C. Epple, Director Harry Kirschenbaum, Presiding Officer Planning and Community Development City of Bozeman Planning Board and Joint Planning Board/Zoning Commission