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HomeMy WebLinkAbout09-20-05 Planning Board Minutes.docTHE CITY OF BOZEMAN PLANNING BOARD TUESDAY, SEPTEMBER 20, 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 Vice President JP Pomnichowski called the meeting to order at 8:20 p.m. and directed the secretary to record the attendance. Members Present Staff Present JP Pomnichowski Dave Skelton, Senior Planner Mike Hope Jody Sanford, Associate Planner Ed Musser Jami Morris, Associate Planner Dave Jarrett Carol Schott, Recording Secretary Jane Stroup Visitors Present Joe Velli Ann Ruebush Graybiel Larry Witt Sharon R. Witt Jack Burns Bernice Burns Polly McCarthy George Tuthill Jenny Tuthill Brian Huffaker Wesley Bettis Rob Pertzborn Rick Kerin Doug Smith Dennis Foreman Bobby Bjork Arlyss Nelson Jerome S. S. Nelson Gary Liebrand 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.} Vice President Pomnichowski opened the meeting for public comment. Hearing none, she closed public comment. ITEM 3. MINUTES OF AUGUST 16, 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) Vice President Pomnichowski called for corrections or additions to the minutes, and hearing none, she 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 Growth Policy Amendment Application #P-05039 - (Madill) A Growth Policy Amendment, requested by Grace Investments II, Inc., to change the growth policy land use designation, as shown on the Future Land Use Map of the Bozeman 2020 Community Plan, from “Future Urban” to “Neighborhood Commercial for 4.10 acres and “Residential” for 70.93 acres. The property is owned by D. Madill, PO Box 11428, Bozeman, MT 59719. The property is legally described as Tract No. 1 of C.O.S. No. 24 and the parcels as shown on C.O.S. No. 25, both located in the NE ¼ of Section 16, T2S, R5E, PMM, Gallatin County, Montana, and the adjacent public rights-of-way, and is located on the southwest corner of Huffine Lane and Cottonwood Road. (Sanford) Associate Planner Sanford presented the Staff Report, noting the residential designation meets the review criteria in staff’s opinion; however, she stated the Neighborhood Commercial designation does not meet the criteria. She noted Staff is recommending denial of the application, with a recommendation for a residential land use designation for the whole property. Mr. Jarrett asked if “BP” land use designation for the property to the north was considered during the review for the 2020 Plan. Planner Sanford noted the establishment of the land uses to the north and, “BP” designation predated the 2020 Plan; however, no additional “BP” was recommended. She noted if a commercial area were to be developed on this property, it should be further to the south or even south of this property. Mr. Jarrett noted that when commercial areas were designated away from arterials in the 2020 Plan, the neighbors came out in force against them. Mr. Hope stated his first concern is for residential uses along Huffine Lane. He noted the land use in the County along Huffine Lane to the west is Community Commercial. He stated he thought it should be commercial all along Huffine Lane. He noted the area is almost becoming Regional Commercial in nature. Rob Pertzborn, Intrinsik and representing the Madill Family, noted they are planning a development which portrays excellence and quality. He noted he supports limiting the commercial development along Huffine Lane. He noted the commercial area is 5.5% of the property and ⅓ of the highway frontage. He discussed the criteria and how he felt the project met them. He noted the commercial buildings would create a buffer for the residential uses to the south. Vice President Pomnichowski OPENED THE HEARING FOR PUBLIC COMEMNT. Marie Hager, 5424 Cottonwood Road, stated she lives south of the Farmers’ Canal. She noted there have been many accidents at the Cottonwood Road/Huffine Lane intersection. She stated she felt the signals have not helped greatly. She described the land features of the subject property and asked the Board to take all of these items into consideration when recommending a decision. Vice President Pomnichowski called for further public comment, and hearing none, CLOSED THE PUBLIC COMMENT PORTION OF THE HEARING. Planner Sanford explained the definition of Commercial Centers land use concept. Ms. Stroup asked what right-of-way and signalization would be required. Planner Sanford noted those issues would be handled with further reviews. Mr. Jarrett asked if discussions had been held with MDT. Mr. Pertzborn noted that MDT had not been contacted. Planner Sanford noted that the development plan was not consistent with MDT’s access plan for the area. Mr. Pertzborn explained the source of Baxter Creek, the trees, etc. Ms. Stroup stated there may be a deficiency in the 2020 Plan for adequate commercial area. She stated she felt there was no other way to designate the property than what the applicant had requested. She stated she was concerned with the accident rate at the intersection of Huffine Lane and Cottonwood Road. She noted neighborhood centers may not be appropriate in the southern location. She stated she would support the proposal as submitted. Mr. Jarrett stated the 2020 Plan came out totally differently from what it was in the Planning Board Committee. He noted this is an excellent location for a north/south arterial, and a Residential land use designation just doesn’t fit. He would support the proposal as submitted. Mr. Hope noted he was concerned that residents of the neighborhood to the south won’t be expecting Neighborhood Commercial in their area and would have problems with that designation. He noted the land use designation should be more indicative of what will actually happen there. He stated he would not support Neighborhood Commercial as he feels the use will be more intensive use – Regional Commercial. He stated he was not against the commercial designation. Mr. Musser stated he would prefer not to see commercial development from the Gallatin Valley Mall to Four Corners. He noted he liked the way the applicant presented the uses. He concurred with Mr. Hope that the area will develop at a higher use. Mr. Hope stated people who buy the lots need assurances as to what would develop around them. Vice President Pomnichowski noted the City Commission can enforce the B-1 zoning of Neighborhood Commercial. She noted B-2 is not permitted under that land use designation. She agreed that the ½ mile radius is as the applicant has described as ½ mile between the neighborhood centers. She stated she was concerned about the livability with commercial uses in the same neighborhood. She asked if the applicant had considered a fire station on the northeast corner. Mr. Pertzborn noted a fire station plan was being developed at this time. He stated he was willing to work with the City if that becomes the plan. Vice President Pomnichowski noted Huffine Lane is one of the successful business corridors. She stated she would support the application MOTION: Mr. Jarrett moved, Ms. Stroup seconded, to approve application #P-05039 as presented by the applicant. The motion carried 4-1, with Mr. Hope voting against it. It was noted that the Planning Board was unable to forward a favorable recommendation because the motion to approve was not carried on a 5-0 vote. Therefore, a recommendation of denial will be forwarded to the City Commission. MOTION: Mr. Jarrett moved, Ms. Stroup seconded, to recommend approval of application #P-05039 . Mr. Hope noted he has a problem with residential uses supporting neighborhood commercial uses. He noted he would support a Community Commercial land use designation. Planner Sanford noted the project would have to be re-advertised to recommend a higher land use designation than requested. Mr. Jarrett discussed B-1 limits, noting the uses available and how B-1 would control the size of the businesses. Mr. Hope noted his concern was the traffic that would be generated. Ms. Stroup noted she concurred with Mr. Hope and understood his concern. The motion carried 4-1, with Mr. Hope voting against it. It was noted that the Planning Board was unable to forward a favorable recommendation because the motion to approve was not carried on a 5-0 vote. Therefore, a recommendation of denial will be forwarded to the City Commission. B. Major Subdivision Preliminary Plat Application #P-05038 - (Stoneridge Square). A Major Subdivision Preliminary Plat Application, requested by Kerin & Associates, PC, representing the owners, Stone Ridge Partners, LLC, to allow the subdivision of 33.97 acres into eight (8) commercial lots and one (1) residential lot, common open space and future residential. The property is legally described as Lot 4, Minor Subdivision #319 located in Section 2, T2S, R5E, PMM, Gallatin County, Montana The property is generally located on the west side of North 19th Avenue between Tschache Lane and Oak Street. (Morris) Associate Planner Jami Morris presented the Staff Report. In response to Vice President Pomnichowski Planner Morris noted this application is only the subdivision portion and did not include the PUD Preliminary Plan. Lowell Springer, architect and owner’s representative, described the evolution of the project and the need to do a subdivision to execute the project. Rick Kerin, project engineer and owner’s representative, noted they are in general agreement with the conditions except condition #4, which relates to a trail corridor. He discussed different options they would rather see. Mr. Jarrett asked which exhibit shows the lots and the zoning. Mr. Springer explained the location as being an easterly extension of the north boundary line of the residential area located to the west of this property. He noted the zoning to the north is B-2 and to the south is B-1. Ms. Stroup asked for clarification of the applicant’s concern with condition #4. Mr. Kerin noted they want to combine the sidewalk and the pathway. Mr. Springer noted they would then have more green space and could supply a bike lane. Planner Morris noted the conditions are in alignment with those the City Commission has imposed with other developments along Tschache Lane. She noted this is one of very few opportunities to install a pathway in this area. She noted the existing sidewalk falls within the existing right-of-way and the pathway would be on the applicant’s property within a 25 foot trail easement. Planner Morris further noted this trail is identified as a Transportation Pathway in the Bozeman Area Transportation Plan Update 2001 and is in lieu of the trail connection on Oak Street. In fact, the Transportation Plan calls for a multi-use path along Tschache Lane and Oak Street, but both sides of Oak Street were previously developed with sidewalks, we have already lost one east to west trail connection. Mr. Jarrett asked how many feet are included from back of curb. Mr. Kerin noted there is 25’. He noted they would have to install a retaining wall to support a pathway. Ms. Stroup asked what the objection is to what City Commission has decided. Mr. Springer noted he felt they could accommodate bicyclists and have more green space. He noted the colored pathway would be for both pedestrians and bicyclists. Mr. Jarrett asked when construction would begin. Mr. Springer noted they plan to begin late this fall. Vice President Pomnichowski asked for the distance from Oak Street/North 19th Avenue intersection to their intersection. Mr. Kerin noted about 600’. Vice President Pomnichowski asked if that was enough distance. Planner Morris noted MDT & Engineering Staff would make that determination. Vice President Pomnichowski asked if there had been discussions with MDT about traffic control. Mr. Kerin noted they have met with MDT and hope to have only restrictions on exiting onto North 19th Avenue. He stated they plan to have a dedicated left turn lane from Tschache Lane onto North 19th Avenue. He noted upgrades to the Oak Street signal will occur. He noted protected lefts will be added on North 19th Avenue as they are needed. Vice President Pomnichowski asked about stormwater runoff into the creek. Mr. Kerin noted there is a stormwater retention basin in the northwest corner and a drainage swale on the east side of the property. Mr. Springer described the treatment of the stormwater prior to discharge into the stream as being at the same rate as it came into the development. Mr. Springer read a letter from GVLT stating they would be happy with the 10’ wide sidewalk on Tschache Lane. Vice President Pomnichowski OPENED THE PUBLIC HEARING FOR PUBLIC COMMENT, and hearing none, she CLOSED PUBLIC COMMENT PORTION OF THE HEARING. Planner Morris clarified that the distance from the Tschache Lane/North 19th Avenue intersection from the subdivision access point is 673 feet. Ms. Stroup stated that, regarding the condition on the trail, there shouldn’t be many families traveling on foot or bicycling in this area; therefore, the 10 foot sidewalk is sufficient. Mr. Musser concurred that the 10 foot sidewalk would be adequate. However, he noted there could be a number of families using the trails for various activities – to go out to eat, recreate, etc. Mr. Hope noted that the type of shopping done here would require a car to transport the products purchased. He stated the trails can work in the 10 foot sidewalk. Mr. Jarrett noted he liked the project, however, he will abstain from commenting and voting as he has a conflict of interest. Vice President Pomnichowski noted the criteria for B-1 zoning raised concern for her as some of the footprints are proposed to be larger than 5000 square feet. She stated she was very supportive of separate bike and pedestrian trails, and she noted she would support the 10 foot sidewalk along Tschache Lane if GVLT is satisfied with it. MOTION: Ms. Stroup moved, Mr. Hope seconded, to change condition #4 to allow a 10 foot sidewalk with a bike lane on the street rather than an additional asphalt trail. With Mr. Jarrett abstaining, the Planning Board lacked a formal quorum [five (5) members]; therefore, the Planning Board was unable to forward a favorable recommendation. MOTION: Ms. Stroup moved, Mr. Musser seconded, to recommend approval of application #P-05038 with Staff conditions including the amended condition #4. With Mr. Jarrett abstaining, the Planning Board lacked a formal quorum [five (5) members]; therefore, the Planning Board was unable to forward a favorable recommendation. C. Major Subdivision Pre-Application Application #P-05042 - (Diamond Estates II & III). A Major Subdivision Pre-Application, requested by the property owner, Doug Smith, represented by Gaston Engineering and Surveying, PC, to allow the subdivision of 55.89 acres into 229 residential lots. The property is legally described as A Tract of Land being portions of the S½ of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property is generally located at 4521 Durston Road. (Skelton) Senior Planner Dave Skelton presented the Staff Memo and identified the key points of discussion for the Board. He noted the Recreation and Parks Board is somewhat in agreement with the location of the parks. Vice President Pomnichowski asked if the power substation was located to the north of the property. Planner Skelton noted it was and the plans call for a two-lane highway to be constructed on each side of the power lines. He noted the Parks and Recreation Board initially felt that the general concept of the park was located appropriately. Katherine Koenen, Gaston Engineering and Services and applicant’s representative, described the locations of the mixed use residential lots. She described the locations of the parks and open space. Mr. Musser noted he wasn’t sure why the parkland was located so close to the Regional Park; however, he understood wanting it to be near the existing wetlands. Mr. Jarrett asked what would be constructed on the RSL lots. Ms. Koenen noted most are single household lots. Mr. Foreman noted the RSL lots will be sold as the market demands. He noted the alleys are included in the design so the accesses are not from the street. He stated no access is allowed from Ferguson Avenue as it is an arterial. Mr. Jarrett asked if the dedicated parkland is sufficient. Ms. Koenen noted they are willing to dedicate whatever parkland is required. Mr. Foreman noted they might also use cash-in-lieu to meet a portion of the parkland requirement. He noted the parkland on the northwest corner is passive parkland. Mr. Hope noted he concurred with Mr. Jarrett that Ferguson Avenue will never look like Willson Avenue. He noted lots 8, 9, and 10 might be an issue when they go before the City Commission as they back up to parkland. He noted he approves the use of the wetlands as parkland with trails for the older generation. Vice President Pomnichowski asked for the width of the alleys. Ms. Koenen noted they are 20’ wide. Vice President Pomnichowski stated she was concerned that Agate Lane was not proposed to be extended through north to Tanzantie Street for connectivity. She would support a deviation for block length. Mr. Hope noted Agate Lane as proposed would slow traffic. Vice President Pomnichowski noted she doesn’t mind the alley design; however, she would like to see wider alleys to accommodate today’s larger vehicles. She concurred with Mr. Hope about removing the three lots from the parkland area. Mr. Foreman asked if other lots that back onto the park would be a problem. The Board noted they feel the lots backing to the parkland will create heart burn for the applicant before the City Commission. Mr. Hope asked the Board members if a street would be better instead of the alley, then front the houses to the interior streets. Planner Skelton noted the Bozeman 2020 Community Plan encourages rear entries of houses from an alley to reduce the dominance of garages and vehicles, and to improve the streetscape. Mr. Hope noted the front rooms face the busy street and he stated he doesn’t think that is appropriate. The Board stated they feel the project as presented is wonderful and asked them to consider the suggestions. ITEM 5. OLD BUSINESS ITEM 6. NEW BUSINESS Mr. Jarrett recommended the Board members read the article was in the paper about Oregon. He noted he spent some time in Bend, Oregon, and if anyone proposes a round-a-bout, he thinks they are a total mistake. Mr. Hope asked if there is a city-county planning board meeting planned. Vice President Pomnichowski noted it will be November 3, 12:00 to 2:00 in the conference room upstairs in the Al Stiff Building. The agenda was discussed. Vice President Pomnichowski noted she attended a County Planning Board meeting, but didn’t get to speak. She would like to have some meetings with just the City and County Board members and no Staff. Mr. Hope stated he thought the two Boards might be able to bring the City and County politicians together. Ms. Stroup noted an agenda is needed for every joint Board meeting to keep them on track. Mr. Hope noted the County is looking to adopt the Bozeman Area Transportation Plan 2001. He urged Board members attend this Thursday’s meeting. ITEM 778. ADJOURNMENT There being no further business to come before the City of Bozeman Planning Board, the meeting was adjourned at 10:30 p.m. ____________________________________ _____________________________________ Dave Skelton, Senior Planner JP Pomnichowski, Vice President Planning and Community Development City of Bozeman Planning Board