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HomeMy WebLinkAbout10-18-05 Planning Board Minutes.docTHE CITY OF BOZEMAN PLANNING BOARD TUESDAY, OCTOBER 18, 2005 MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE President Harry Kirschenbaum called the meeting to order at 8:00 p.m. and directed the secretary to record the attendance. Members Present Staff Present Harry Kirschenbaum Dave Skelton, Senior Planner Jeff Krauss Andy Epple, Director, Planning and Community Development Ed Musser Carol Schott, Recording Secretary JP Pomnichowski Jane Stroup Visitors Present Sharon Witt Larry Witt Karen McIntosh Alec Mc____ Don Seifert Blair McGavin Jack Burns James & Bonnie Secor Matt Ekstrom Jim McLeod David Barbisan Susan Barbisan Debbie Arkell Renee Sipple-Baker Jane Miller Schaaf Tamzin Brown Lance Lerner Terry Wolfe Les Jones Alice Jones Kimerick & Kathy Hayner 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 opened the meeting for public comment on any item not on the Planning Board agenda. Hearing none, he closed the public comment portion of the meeting. ITEM 3. MINUTES OF SEPTEMBER 20 AND OCTOBER 4, 2005 President Kirschenbaum called for corrections or additions to the minutes of September 20 and October 4, 2005. Hearing none, he declared the minutes approved as presented. President Kirschenbaum noted the UDO edits scheduled for this meeting would be postponed to the November 1, 2005 meeting, due to the late hour. He also reminded the Board members of the meeting with the Local Government Study Commission on Thursday, October 20th at noon. ITEM 4. PROJECT REVIEW A. Major Subdivision Preliminary Plat Application #P-05053 - (Meadow Creek). A Major Subdivision Preliminary Plat Application, requested by Allied Engineering Services, representing the owners, Jane L. Schaaf & Don Miller, Mildred Boylan for Paul Boylan Trust, Shady Lane Ranch LP, and Marshall and Luzann Bennett, to allow the subdivision of 202 acres into ~ 340 residential lots. The property is legally described as Lot A of Minor Sub 235, Lot 4; Lot B 96FM2908; Lot C 162 FM 677; and Lot D, Concurrent Common Boundary Realignment from 152 FM 474, Tract 2 all situated in Section 23, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana The property is generally located northwest of the intersection of Blackwood Road and South 19th Avenue and southwest of the intersection of Stucky Road and South 19th Avenue. (Skelton) Senior Planner Dave Skelton presented the Staff Report, clarifying the reduction of the acreage since the Planning Board reviewed the pre-application, noting that two lots on the north end along South 19th Avenue are now not part of the annexation request preliminary plat review. He discussed the many changes in design since the pre-application submittal and review. He reviewed the recommended conditions of approval. He recommended adding condition #27 to determine the standard for the trail along Graf Street with the assistance of GVLT, Parks and Recreation Board, etc. Chris Budeski, GVRE Development and applicants’ representative, stated he felt they had designed a good mixed-use development. He described the formation of neighborhoods. He noted they have submitted a design with no requests for variances and with only a few relaxations to be granted by City Engineering. He stated he was in favor of the suggestion to locate the trail along Graf Street due to the future signalization at South 19th Avenue/Graf Street intersection. He discussed proposed water and sewer plans, and street sections. Doug Chandler, Allied Engineering, described the history and characteristics of ground water in the Bozeman fan. He noted flood irrigation significantly charges the water table, and described the loss of water during flood irrigation. He noted secession of irrigation of the land in this proposal would have little affect on the ground water in the fan. He noted there would be a small amount of dewatering upslope from the property. He stated the effect on down slope water would be somewhat larger and it could lower the water table a foot or two. Ms. Stroup asked if there would have been any effect if the property had gone from flooding to sprinkler irrigation. Mr. Chandler explained the effects. Ms. Pomnichowski asked if the drop in ground water level would ever recover. Mr. Chandler noted it would not. He stated, however, there would be significant change if flood irrigation ceased. Planner Skelton asked if Mr. Budeski had any comments on the limitations for basements as recommended by Staff. Mr. Budeski noted he was in favor of those limitations. Ms. Pomnichowski asked if slabs on grade would be appropriate in the higher water table areas. She stated she would support a condition limiting basements and partial basements. Planner Skelton noted Mr. Steve Custer of the MSU Earth Sciences Department had been contacted for comment; however, Mr. Custer suggested the Water Shed Review Agency might be willing to comment on the matter. Ms. Stroup asked if Staff was comfortable with the language in condition #20. Planner Skelton noted he is working on stronger language for the condition for further consideration during Board discussion. Mr. Budeski noted flood irrigation has not been done for several years on these properties and it would be interesting to know how much effect that has had on the neighbor’s property. President Kirschenbaum OPENED THE PUBLIC HEARING FOR PUBLIC COMMENT. Don Seiffert, 5700 Fowler Lane, thanked the Board for taking time to discuss the issue of dewatering. He stated flood irrigation recharges the water table. He distributed an email, dated September 30, 2005, which contained his comments and concerns. He suggested several changes to the conditions, including that the fencing being the responsibility of Homeowners Association not the developer; and changes/additions to the covenants. Dave Kraft, owner of land south of the subject property, stated there would be water issues; however, he felt that transportation issues would be a greater problem. He noted Graf Street is shown passing through private property and the major streets on the border of the property would be constructed to half a city street. David Barbisan, property owner on either side of Graf Street, stated he hadn’t heard about the bike path until now. Alice Jones, member of Hope Lutheran Church, stated the church owns the property just north Barbisans’. She stated the developers have worked hard to meet the concerns of the church community. She stated she supported this type of development. She noted her concern was with the ground water level. She stated the church had several test holes, which indicated no water at the nine (9) foot level. She supported the testing on a lot by lot circumstances. President Kirschenbaum called for further public comment, and hearing none, he CLOSED THE PUBLIC COMMENT PERIOD. Mr. Budeski asked Mr. Chandler to explain some issues brought by public comment, which he did. Mr. Budeski stated the covenant issues brought forth by Mr. Seiffert are all good ideas and he would be willing to work with him to incorporate them into the covenants. He noted there is a 75 foot easement through Barbisan property for Graf Street; however, there is a 90’ easement only through the Miller property. He noted the trail would only be installed when the Barbisans’ develop their property. Planner Skelton explained the need for expansion of the condition. Mr. Budeski explained the street standards required for subdivisions, the signalization of the intersection of Stucky Road and Graf Street. Ms. Stroup asked if there was sufficient easement to allow a bike path along Graf Street. Planner Skelton noted whatever the standard for the path/bike path is at the time properties are developed, the trail/pike path would follow that standard and be implemented. Director Epple noted there would be no attempt made to obtain the additional 15 feet until the said property is developed/annexed. Ms. Pomnichowski asked why there wasn’t a floodplain map. Mr. Chandler noted FEMA had not delineated a floodplain map for these water courses; therefore they are not under FEMA’s jurisdiction. Ms. Pomnichowski stated one should be done. Mr. Chandler noted the final floodplain map would be prepared following the design of the streets and culverts. He noted the study is only preliminary and will be finalized after the designs are finalized. He reiterated that this was not a FEMA jurisdictional area. Ms. Pomnichowski noted the boundaries need to be mapped according to the UDO. Mr. Chandler noted the floodplains will be narrow due to the amount of water flowing. Ms. Pomnichowski asked them to consider completing a floodplain delineation map. Ms. Pomnichowski noted the retention/detention ponds condition conflicts with the UDO. Discussion followed and it was determined the condition would be changed. Ms. Pomnichowski asked if the surface of the trails should be asphalt. Planner Skelton noted the applicant, Parks and Recreation Committee, and Ron Dingman would meet to discuss the trail surfacing. This would include both Type I and Type II trails throughout the subdivision with provisions in place for a east/west trail system along Graf Street. Ms. Pomnichowski suggested if the covenants would be modified to control pets and trespassing on the next door ranchers’ lands. She asked how the RSL lots requirement will be met. Mr. Budeski explained where they will be located. He also noted the covenants would be modified to reflect the discussion on controlling pets. President Kirschenbaum suggested the conditions be modified to address the concerns the three neighbors. Planner Skelton noted those concerns need to be identified. Ms. Pomnichowski commended the developers on their design of the development, the mix of housing, street connectivity, and the preservation of the streams and open space. Mr. Krauss noted the attempt by the designers to surround the parks with right-of-way was commendable. He stated he liked the preservation of the existing trees, the placement of the trails, and the quality urban design of the project, which followed suggestions of staff, the board, etc. He noted it is a forward looking project. Mr. Musser commended the design and the retention of the natural features. MOTION: Ms. Pomnichowski moved, President Kirschenbaum seconded, to add condition #27 that the trails be improved as discussed with the applicable agencies meeting to determine the class of trails, and the surfacing of all trails. The motion did not carry as a majority of the nine person board must vote in favor of a proposal for it to carry. The vote was 4-1 with Ms. Stroup voting against. MOTION: Ms Pomnichowski moved, Mr. Musser seconded, to amend condition #20 by adding, “ no partial or full basements will be permitted in areas designated as having groundwater within 5 feet of surface during peak irrigation.” Adding similar language recommended by staff, “with said restrictions imposed having finish floors a minimum of two feet above the curb of the adjoining street.” The motion carried 5-0. MOTION: Ms. Pomnichowski moved, Mr. Krauss seconded, to add condition #28 that all storm water facilities will be properly landscaped and at a distance not less than 30 feet from the water course. The motion carried 5-0. MOTION: Ms. Pomnichowski moved, President Kirschenbaum seconded, to add condition #29 to include the four covenants recommended by Mr. Don Seiffert with recommendations one and two as plat notations. The motion carried 5-0. MOTION: Ms. Pomnichowski moved, Mr. Krauss seconded, to recommend conditional approval of application #P-05053 with conditions 1-29 as in amended, with the exception of the addition of condition #27 pertaining to the surfacing of the trails. The motion carried 5-0. A brief recess was taken. B. Major Subdivision Pre-Application #P-05051 - (Legends II). A Major Subdivision Pre-Application, requested by Land West Consulting, LLC, representing the applicants, Edgefield, LLC, to allow the subdivision of 56.84 acres into ~ 125 residential lots. The property is owned by Rugheimer, LP, and is legally described as Tract 2 of the Plat recorded in Film 12, Page 825, situated in the N½ of the S½ Section 32; and Lots 27 and 28 of Mount Baldy Subdivision, all in T1S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The property is generally located north of Bridger Canyon Road and east of Story Mill Road. (Morris) In the absence of Associate Planner Jami Morris, Planning Director Andrew Epple presented the Staff Memo. Van Bryan, Studio Architects and applicants’ representative, stated the application is for an infill project. He noted 62% of the gross area will be left as open space and parkland. He discussed concerns expressed by neighbors to the south and how they have attempted to mitigate the issues. The Board asked about the design of the streets in relation to the topography, how visitor parking would be handled, the width of the southern alley and the north/south alleys, and the arrangement of the lots. The applicants were commended on the location of the park and its connection to the park in Legends I, and the straight lot lines. It was suggested more parking be provided along the park/open space area along Bridger Creek. Evening Star Lane and all the north-south alleys should be expanded to a minimum 35’ right-of-way with perhaps 33’ streets. It was noted the cul-de-sacs seemed to be appropriate in this instance. In response for a call for public comment, Les Jones, 2103 Bridger Drive, stated she was glad to have the alley access at the rear of her three lots. She noted she would prefer a street rather than an alley. She commended the applicants for holding the neighborhood meetings to involve everyone. She noted she has received two different viewpoints from the City as to where the water and sewer will be located and a third location tonight. Director Epple noted Staff is discussing the locations for the sewer and water mains, which are yet to be determined. The Board encouraged Planning and Engineering Staffs to consider the installation of water and sewer mains in the street/alley on the north side of the homes along Bridger Drive. ITEM 5. JOINT MEETING WITH ZONING COMMISSION A. The Remaining Proposed UDO edits (Beginning with #220A-#244, less the ones completed.) This item was postponed until November 1, 2005 earlier in the meeting. B. Other business for the joint boards ITEM 6. OLD BUSINESS Mr. Krauss noted that Churn Creek and other large-lot subdivisions will increase the taxable value of the City. Director Epple announced that Stoneridge Square MaSub was approved by City Commission. However, they upheld Staff’s recommendation of denial of the PUD project. ITEM 7. NEW BUSINESS There was none. ITEM 8. ADJOURNMENT There being no further business to come before the Planning Board, the meeting was adjourned at 10:50 p.m. _____________________________________ ____________________________________ Andrew Epple, Director Harry Kirschenbaum, President Planning and Community Development City of Bozeman Planning Board.