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HomeMy WebLinkAbout01-19-05 Planning Board & Zoning Commission Minutes.docCITY OF BOZEMAN PLANNING BOARD COMMISSION MEETING ROOM, CITY HALL, 411 EAST MAIN STREET WEDNESDAY, JANUARY 19, 2005 MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE President Harry Kirschenbaum called the meeting to order at 7: 52 p.m. and directed the secretary to record the attendance. Jane Shaw Stroup, the newest member of the Board, was introduced to the Board. Members Present Staff Present Sarah Alexander Susan Kozub, Planner Mark Evans Andrew Epple, Director, Planning and Community Development Dave Jarrett Carol Schott, Recording Secretary Harry Kirschenbaum Jeff Krauss Ed Musser JP Pomnichowski Jane Shaw Stroup Visitors Present Jim Gorman Ed Adamson Greg & Susan Gianforte Ileana Indreland Mike Delaney Robert Dougherty 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 none. ITEM 3. 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 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) Contract Planner Lanette Windemaker presented the Staff Report, noting only one condition was placed on the project by the Development Review Committee. Ms. Pomnichowski asked if there are any effects on the floodplain and wetlands that were omitted from this report. Planner Windemaker noted those issues were addressed in the original application. They have obtained a floodplain permit, and the wetlands are not located on this property. Karin Caroline, representing Delaney and Company, reiterated the request was a reduction from 32 lots to 28 units. Ms. Alexander asked why eliminate a lot in each set of seven. Ms. Caroline noted with six lots duplexes could be constructed which would share only one common wall. She noted it has made the units more marketable. President Kirschenbaum OPENED THE MEETING FOR PUBLIC COMMENT, and hearing none, he CLOSED THE PUBLIC COMMENT PORTION OF THE MEETING. MOTION: Mr. Krauss moved, Ms. Pomnichowski seconded, to recommend approval of application #P-04059. The motion carried 8-0. 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) Senior Planner Dave Skelton presented the Staff Report. He described the clustered commercial nodes established by the 2020 Plan, noting this proposal is not located in one of those commercial nodes. He noted it is not a question of the integrity of the applicant or the quality of design. He noted staff is recommending denial of the application. Ms. Alexander asked how the “resort” designation affects the application. Planner Skelton deferred the question to Mr. Delaney. Planner Skelton noted the designation has no part in this proposal. Ms. Alexander asked if the change in land use designation would change how the entryway would look. Planner Skelton explained the application would extend the City’s commercial development further west along Huffine Lane, contrary to the 2020 Plan. Mr. Krauss noted a long, heated discussion was held before City Commission last fall on the proposed change the uses permitted in the BP land use designation. He asked if anyone had tried to work within that new designation. Planner Skelton noted the upcoming Bozeman Gateway proposal, coming before the Board next month, is the first to use it. Karin Caroline, representing Delaney and Company, thanked staff for presenting the background on the project. She noted the applicants are requesting the land use designation change only for Lot 5. She stated they feel they would cure a deficiency in the growth policy to better meet the needs of the general community by providing goods and services for the northwest area of new development. She noted that Laurel Glen is well over two miles away from the Gallatin Valley Mall commercial area. She noted the Spring Creek Village Resort is three-fourths mile from the Gallatin Valley Mall and would better meet the needs of the newly developing areas. Ms. Caroline stated they feel the amendment does not create inconsistency within the growth policy. She noted they are planning a center-designed area. She stated the amendment also meets the overall intent of the growth policy. She noted the center would service the west area, including Four Corners. She noted they aren’t looking at corridor development as the 31+ acres would be center oriented. She noted all infrastructure has been installed for development of this type of businesses. She stated they believe the change in land use designation would increase the livability of the area. She reviewed the applicant’s responses to the review criteria. She stated the 2020 Plan should not be reviewed just on a five-year cycle, but should be reviewed and amended whenever necessary. She noted they have received letters in support of the amendment from the Ridge Athletic Club and Doug Oberg, the developer of Valley West. She distributed the letters, a written statement of the 2020 Plan, and a pictorial of the community center. Mike Delaney, owner of Delaney and Company, stated they are making a “place.” He noted it would have many recreational opportunities. He displayed an artist’s rendering of the center, and other structural renderings. He noted the real topic is change. He stated that the conflict is with planning staff members nationwide who believe that centers are linear in nature. He noted the proposal is a center-based development. He noted the commercial centers usually come before the residential areas. He stated that in “place making,” the residential areas usually develop first. He noted the traffic projections for Huffine Lane were way behind in their calculations as the traffic is currently beyond the 2010 projections. He noted the proposed area is pre-designed to be built to accommodate the safe flow of traffic. He noted there would be several more layers of decision making by City Boards and Commissions prior to commencement of development. President Kirschenbaum OPENED THE MEETING FOR PUBLIC COMMENT. Carl Solvie, 1901 South Tracy Avenue, stated Mr. Delaney has done several commendable developments in the City. He noted his issue with this proposal is the “resort” designation granted by the State, which would allow several liquor selling establishments with gaming within the “resort.” He noted the only requirement is the establishments have to be 150 feet apart. He noted he owns a hotel and has a beverage license. He stated he wasn’t sure the citizens of Bozeman wanted a “resort” designation which would allow several beverage licenses and would be unfair to the rest of the retail establishments in the City. Mr. Solvie noted the “resort” liquor licenses sell for a fraction of the current licenses. Bill Muhlenfeld, , a partner with Mr. Delaney in the Village Downtown, spoke in support of the proposal, stating it was a great move away from the development of strip commercial areas in many communities. He noted the 2020 Plan is a living document and should be flexible. President Kirschenbaum called for further comment, and hearing none, he CLOSED THE PUBLIC COMMENT PORTION OF THE MEETING. Mr. Delaney noted some people are resistant to change. He stated the difference in the value of licenses is the gaming. He noted there will be no gaming in his development as he will have covenants against it. He noted he is anticipating a major hotel/high end lodge as the anchor. He would encourage Mom and Pop businesses as well as national chains. Mr. Krauss asked for the restrictions on Community Commercial for liquor sales. Planner Skelton noted any liquor sales would require a Conditional Use Permit. He noted the 2020 Plan is not a stagnant document and will be reviewed in five year cycles. He indicated the locations of the Community Commercial nodes on the 2020 Plan map. He noted physical demarcations are important for land use patterns. He noted that Fowler Avenue was deemed the demarcation for Community Commercial development by the Planning Board during the creation of the 2020 Plan. He noted land development comes after the land use designation. Mr. Evans asked if there had been any further research on the 179+ acres of Community Commercial that are currently undeveloped. Planner Skelton noted there had not been. Ms. Alexander asked for the size of the property in question. Planner Skelton explained the size and location in relation to other developments in the area. Ms. Stroup asked what controls are there on gaming. Ms. Alexander noted the land use change would allow additional uses, which could allow gaming, etc. She stated that in the most broad sense, conditional uses go with the land not with the zoning. Planner Skelton explained a land use change is the first step in the process. Mr. Evans stated that looking at what is happening in the northwest area, so far, there aren’t any service amenities. He stated Staff’s recommendation ignores the current status of the area. He stated keeping the zoning B-2 was sticking our heads in the sand. He noted Mr. Delaney’s suggestion of a deed restriction should handle the gaming aspect. He stated he resented having to pick winners and losers between Delaney and Company and the Bozeman Gateway proposal. He stated he would support the application by the applicant. Mr. Musser stated he agreed that it is a rapidly growing area. He questioned the reasons for changing the land use. He asked if the uses are really designed for the neighborhood or for an elite group of people. Mr. Krauss noted he voted to change the land use designation on North 19th Avenue as he felt there was a deficiency. He stated he thought that change was justified. He noted he also voted to change the parks designation on East Gallatin Park. He stated he regrets that decision. He noted the change in the Business Park designation to allow more uses has been approved by the Planning Board and City Commission. He stated he would like to give those change a chance to work. He noted he was concerned about the “resort” designation granted by the State. He noted he wasn’t sure about the services available to the community with a “resort” designation. He stated he didn’t want to impact downtown inversely with any development. He noted he would abstain from voting unless his vote was needed to send a recommendation to the City Commission. Mr. Jarrett noted he doesn’t like B-2 zoning adjacent to residential areas. He stated the licensing can be refused by the City or State. He noted he doesn’t like the depiction on the concept plan for six bars located next to the residential areas. He stated he would not support the change in land use designation. Ms. Alexander noted there are several issues before the Board. She stated there is a process for assessing growth, land use, and uses. She noted the proposal needed to be reviewed for its affect on the community as a whole. She noted the 2020 Plan did plan for growth in this area. She noted compelling reasons for the change might be if there is a deficiency of this land use in this area of the city or in the city as a whole, if the proposal is a better use for the land, or if the community as a whole would benefit. She stated she didn’t feel it was a better use for the land. She noted the project idea is good; however, she stated she was convinced that the main aspects of the idea can be accomplished under the current land use designation. She stated she would not support the land use designation change. Ms. Pomnichowski stated all four criteria for growth policy amendments must be met and she stated she didn’t feel they had met them or the thresholds for making the amendment. MOTION: Ms. Pomnichowski moved, Ms. Alexander seconded, to recommend denial of application #P-04060. The motion carried 5-2 with Mr. Evans and Mr. Kirschenbaum voting against and Ms. Stroup abstaining. ITEM 4. JOINT MEETING WITH ZONING COMMISSION A. MINUTES OF JANUARY 4, 2004 President Kirschenbaum called the joint meeting to order at 9:30 p.m. He called for additions or additions to the minutes of January 4, 2005. As there were none, he declared the minutes accepted as submitted. Mr. Krauss noted Ms. Alexander and Mr. Musser were re-appointed to the Zoning Commission and Page Lutes was appointed to the Planning Board, and Jane Shaw Stroup was appointed to the Planning Board, both replacing Dave Shepard on the respective Commission/Board. B. INFORMAL REVIEW Informal Application #I-040031 - (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) Director of Planning and Community Development, Andrew Epple, presented the Staff Report. He stated the applicant is asking for advice and direction to annex 360 acres to the City of Bozeman. Mr. Chisholm asked how many homes could be constructed on the 360 acres. Director Epple noted if the land were flat and no wetlands, 70% of it could be developed at 6 units to the acre at the proposed zoning level. He noted the ridgelines, gullies, wetlands, etc., have a significant impact on this property, making the buildable area closer to 30%. He noted the aerial in the packets indicates the unbuildable ridgelines with a blue hash. Mr. Chisholm asked what power the City had to encourage the applicant to work with neighboring property owners to develop a Neighborhood Plan, master planning the trail, parks, and street systems. Director Epple indicated that coordination with neighboring lands will be required during subdivision review. Mr. Jarrett asked if Lyman Reservoir is on the property. Mr. Springer noted it is was just south east of it. Mr. Jarrett asked if the easement for reservoir maintenance by the City would be available as a possible second access to the property. He asked if “dark skies” will be considered. Director Epple discussed the issues, noting the lighting for the area would be reviewed with the subdivision application. Lowell Springer, applicant and representative of Jim Gorman, asked for input for the possibility of annexation. He stated the property is contiguous to the City boundary. He noted the area is gorgeous, isolated, a real potential for development. He noted a grid street-pattern wouldn’t be possible. He discussed the watershed, a possible location of another fire station, and the future location of sewer trunk connections. He stated his client is willing to lead the neighborhood in developing a neighborhood plan for the area north of Bridger Drive and east of Story Mill Road. He noted they foresee implementing far less density than R-1 allows. Mr. Jarrett asked what kind of density they propose. Mr. Springer noted one option they have considered is ~400 units in clusters. He displayed a graphic depicting possible roadways connecting clusters of housing. Mr. Krauss noted he felt this would be a place for high end homes. He noted he would like to annex the property for control the development, etc. Mr. Jarrett suggested avoiding construction on the internal ridgelines. Ms. Alexander stated there are several reasons not to build houses on this land: it is located outside the 2020 plan boundary, and outside the capital facilities plan, and, the land in that area should be protected as a cultural resource. Mr. Springer noted that all the amenities could be preserved while being developed. He noted the area has been avoided for development as it is may be difficult to provide the infrastructure. He stated the development of this area could preserve the agricultural areas in the valley. Mr. Gorman noted two trails are proposed to go through the area and would be dedicated to the citizens. He noted that even though 400 homes could be possible, it probably wouldn’t happen, due to the topography. Ms. Alexander noted the County is less and less willing to permit developments in this kind of areas. Director Epple asked the Board if they would support an R-S zoning designation rather than R-1. Discussion followed. Mr. Chisholm noted the challenge of the idea of developing areas like this, even though there are no guarantees that agricultural lands will be preserved. He stated there is a possibility of developing a beautiful community. Ms. Pomnichowski suggested it is appropriate to annex the property because it is adjacent to city limits. She stated she would support the proposed R-1 designation because that zoning accomplishes city densities while it respects the historical agricultural use of the region, its natural amenities, and character of the site. She stated she was concerned that the expense of the installation of infrastructure would make the project unfeasible. Mr. Springer noted the streets wouldn’t have the slope of the area as they are planned to be located between the ridgelines and the valley bottoms. Ms. Pomnichowski suggested they consider the addition of a community center such as a pavilion. She stated streets and wetlands are just important as are the wildlife. She stated she was concerned about using a community sewer system when they become available. She also recommends that fire services be addressed with a new city station, mutual aid with the rural fire district, or on-site cisterns. Lynn Rugheimer, 1404 Story Mill Road, noted she wants to be included in the process of the development of this property. She stated she was supportive of development in general. ITEM 6. ADJOURNMENT There being no further business to come before the Zoning Commission or Planning Board, the meeting was adjourned at 10:30 p.m. ___________________________________ _________________________________ Andrew Epple, Director Harry Kirschenbaum, President Planning and Community Development City of Bozeman Planning Board _________________________________ Sarah Alexander, Chairperson City of Bozeman Zoning Commission