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HomeMy WebLinkAboutPB-030513.MinPLANNING BOARD MINUTES TUESDAY, MARCH 5, 2013 ITEM 1. CALL TO ORDER AND ATTENDANCE President McSpadden called the regular meeting of the Planning Board to order at 6:02 p.m. in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and directed the secretary to take attendance. Members Present: Staff Present: Trever McSpadden, President Chris Saunders, Assistant Planning Director Carson Taylor Dave Skelton, Senior Planner Erik Garberg Tara Hastie, Recording Secretary Adam Fruh Paul Neubauer Members Absent: Guests Present: George Thompson Debbie Friedel Carle Tange Teri Ball David Ball Trina Wolf Ryun Wolf Rob Pertzborn Andy Smith Kyle Scarr Tom Kingma Barclay Hook Allan Skogen Susan Riggs Kevin P. McKenzie Mark Gannon ITEM 2. PUBLIC COMMENT {Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.} Seeing no general public comment forthcoming, President McSpadden closed the public comment portion of the meeting. ITEM 3. MINUTES OF FEBRUARY 19, 2013 MOTION: Vice President Garberg moved, Mr. Taylor seconded, to approve the minutes of February 19, 2013 as presented. The motion carried 5-0. Those voting aye being Vice President Garberg, President McSpadden, Mr. Taylor, Mr. Neubauer, and Mr. Fruh. Those voting nay being none. ITEM 4. PROJECT REVIEW 1. Major Subdivision Preliminary Plat - #P-12014 (The Knoll @ Baxter Meadows West) – A Major Subdivision Preliminary Plat application with variances, as requested by the property owner BMW LLC, 235 Greenhills Ranch Road, Bozeman, MT 59715 represented by TD&H Engineering, 234 E. Babcock Street, Suite 3, Bozeman, MT 59715 requesting to allow the subdivision of 26.314 acres into 65 residential single family lots and the remaining area as common open space, trails and streets. Variances to the Unified Development Code, BMC have been requested from Section 38.23.040.B “Block Length” to exceed the maximum block length of 400 feet for Blocks 9, 10, 11, 14, 18, and Section 38.23.040.C “Block Width” to allow block widths to be less than 200 feet in width for Blocks 9, 14, and 18. The property is legally described as being a portion of Tract 1A of the Amended Plat of Baxter Meadows Subdivision PUD Phase 1, Tract 1 (J-353A), being located in the SW¼ of Section 34, Township 1 South, Range 5 East, PMM, City of Bozeman, Gallatin County, Montana and is generally located .2 miles north of the intersection between Harper Puckett Road and Baxter Lane. (Skelton) Senior Planner David Skelton introduced himself and presented the Staff Report noting the Planning Board was the advisory body that forwarded a recommendation to the City Commission on major subdivision applications. He noted new public comment had been submitted and provided the Board with a copy. He stated that there were two motions that needed to be made; one with regard to the Preliminary Plat and one with regard to the subdivision Variances that were being requested. He noted the subdivision was part of the Baxter Meadows Subdivision that was annexed in 2001 and was ~460 acres in size. He noted the heart and core of the commercial components had originally been the Trakker Building that had been constructed, but some of the subdivision zoning and layout in that area had since changed. He noted that both preliminary plat approvals had expired after being granted extensions. He noted both applications were requesting parkland credits from the previous subdivision in Phase 3 and those criteria would be discussed later in the conversation. He noted key physical features would provide connections to the open space areas and provide pedestrian connectivity. He noted there had been discussions regarding the100 acre regional park to be part of the dedicated parkland requirements but the decision had been made to disallow those credits to be counted as part of the subdivision. He noted there were a number of relaxations granted in 2001 and a couple of those requests were part of these applications and would be part of the discussion for both in his presentation. Planner Skelton noted the site was formerly known as Baxter Meadows Phase 3 B, which would be repeatedly referenced in his presentation as The Knoll at Baxter West. He noted adjacent properties and their current uses. He noted the 10-acre park was located to the southeast of the subject site. He noted the proposal was in keeping with the Bozeman Community Plan. He noted the preliminary plat for Phase 3A had been filed and approved but Phase 3B had since expired. He noted the Variances that were being requested included block length and block width, in addition to amendments to the planned unit development for the rearrangement of the street network, orientation of blocks and removal of the originally proposed alley loaded lots. He noted the improvements to Harper Puckett Road would be necessary with development of the site and the extension of the local street, Kimberwicke Street would improve the areas transportation network while easily extending existing infrastructure from Phase 3A. He noted the subject property had historically been agriculturally used and there were no significant features though the Border Baxter Ditch was located immediately to east of the site that was part of existing open space and trail corridor. He noted the applicant proposed to enhance the open space and trail corridor. He noted that while it was not a significant feature or outcropping, there was a substantial topographical change in grade on the site. He noted part of the applicant’s proposal was to implement a new stream and creek enhancement program. He noted many of the streams were originally stream ditches for farming purposes and with the continued cleaning of the waterways steep banks have caused erosion of the banks. He directed the Board to an exhibit of the landscape plan along the watercourse/open space corridor; the plan being to maintain the meandering watercourse and providing a trail network with linkage points to the corridor that would complete the trail network systems to the east and west. Planner Skelton noted that when the proposal was first reviewed by the City Commission, 6 acres was to have been dedicated and the subdivision was granted relaxations for the water course setback to be credited as dedicated parkland in concert with improvements to the watercourse wetlands and habitat. He stated the conditions imposed on the 10-acre park had been noted and that the Parks Department considers it to beone of the better maintained parks in this part of the community. He noted that the applicant is requesting use of a part of the available dedicated parkland which had also been envisioned in 2006. He noted Staff and the advisory bodies were supportive of the applicant’s proposal and the parkland credits requested if the applicant participated in their fair share of maintaining and upkeep of said public parkland/public open space areas and trails. Planner Skelton noted Staff was comfortable with the amendments to the revised street and block orientation, and removal of alley loaded lots. He noted Staff is hearing from realtors and brokers that it was difficult to market and sell alley loaded lots; finding that the smaller the lot, the more difficult to develop. He noted there was not a regulatory standard in the municipal code that required alley loaded lots, although the comprehensive plan encourages them. He noted Staff had reviewed four variations of the revised trail system with the Recreation Parks and Advisory Board and Gallatin Valley Land Trust which resulted in wider the boulevard along the east side of the street with the inclusion of landscaping and seating area to provide a key north/south trial to also connect to the east/west trail network. He directed the Board to an exhibit of the streetscape and the proposed trail linkage. He noted the trail corridor that ran east to west was also a mid block crossing to reduce the length of the blocks identified in the application and Staff was supportive of the variances for block length. Planner Skelton stated that Kevin Mackenzie had provided public comment that he was concerned with the requested variances for the subdivision. He noted that the applicant was supportive of completing the required infrastructure and is in agreement with maintenance of all public parks, open spaces and trails in ration to their fair share of those items. Trina Wolf introduced herself as the applicant and stated Planner Skelton had pretty much covered everything. She noted she had started Fluidyne and had worked for Gene Cook while being in development since 1999. She noted they had seen an opportunity to buy 38 lots from Baxter Meadows Phase 3A and had done so; they planted 150 trees, installed irrigation, and supplied irrigation to areas that had not been completed. She stated that despite the original plat being expired, they would like to remain a part of the community and the residents had worked hard to turn the project from in the red to in the black. She stated the eroding stream would be taken care of, the trail would be enhanced along the creek and was a major connection to the 100-acre park. She stated her son wanted to say something during public comment. Ryun Wolf stated his family built good parks and his mom made him work so he was willing to show them the trees he had planted in Baxter Meadows Phase 3A. He presented the Board with photos of the trees he had helped plat. Dave Crawford, TD&H Engineering, stated Planner Skelton had pretty much covered everything and he would address the Variances they were requesting. He apologized if the application was not clear and clarified that Harper Puckett Road was to be improved to an arterial standard which had been agreed upon by the City of Bozeman Engineering Department. Mr. Crawford directed the Board to a rendering of the originally approved layout of the subdivision and noted that what had happened had been that the topography included a ridge that was over 20 feet higher than the lowest elevation on the site. He noted the original master plan had always shown longer than standard block lengths due to existing conditions on the site including an existing diary building to the north of the site; the street was already partially built and they would just be extending those connections. He noted as Planner Skelton had mentioned, the open space corridor going from east to west would create a nice visual and landscape break and would lend themselves to the approval of the Variances. He stated he was available for any questions the Board might have. President McSpadden opened the item for public comment. Teri Ball, 2278 Riatta Rd., addressed the Board. She stated she had come to ask questions and make suggestions. She noted that she had seen a lot of impact fees were being paid by the subdivision and a lot of traffic would be generated to the site while Baxter Lane from the post office to Davis Lane was not in good condition; she suggested Baxter Lane should be improved and the intersection to Davis Lane should be repaired as they did not properly meet. She suggested due to the school’s proximity her suggestions should be investigated. She stated she was supportive of the parks in the new neighborhood and the 10-acre park, but they would like to see some of the dues reduced by inclusion of a new section of neighborhood. She noted they were effectively double taxed on parks. She stated there was one section of Harper Puckett Road that would complete the connection and currently included a lot of pock marks of the road and the HOA could not do anything about it. She noted that a section of Equestrian had also never been completed and suggested it should be included as well. She stated she was supportive of the development; they just wanted some help on the smaller aspects such as street improvements. She noted she would forward a letter to the City Commission as she was unable to attend the meeting. Kevin McKenzie, 4651 Danube Lane, stated he agreed with Ms. Ball’s comments regarding the stretch of Baxter Lane that meandered and did not properly connect to Davis Lane as well as her comments regarding the school. He stated no findings of fact had been provided in support of a hardship for development of the property with the requested Variances and he felt no one present had the authority to approve those requests. He stated the improvements to the site had not been completed and had never been done so he had questions with regard to whether or not the subject site would be completed. He stated no timeline had been identified and he thought that needed to be clarified up front or with the development of the first phase. Dave Crawford, TD&H Engineering, addressed comments from the public. He responded that he felt Baxter Lane from the post office to Davis Lane did need to be improved, but this subdivision had done a lot with regard to street improvements. He noted there were other subdivisions being proposed that would carry a lot of the burden of intervening street improvements though the project would do its share to contribute to those costs. He noted the Harper Puckett improvements included the completion of the little extension of Equestrian Lane and asked Ms. Wolf for her confirmation. Ms. Wolf confirmed they would complete Equestrian Lane in that location. Mr. Crawford stated he had spoken to Mr. Mackenzie’s questions earlier, but the prospective was that when the PUD had been proposed, it had been proposed to be more than a standard subdivision with give and take from both the City and the developer; the open space was way more than would have been given in a standard subdivision. He noted the applicant was not asked for anything other than what had originally been approved and were just bringing up the existing parkland/open space areas. Mr. Taylor stated he had noticed the light polls being depicted at twenty feet high and asked if they were more than the minimum requirements while still meeting the code; he added he would like to see less lights and the minimum be met in all cases. He noted 20 feet wasn’t bad and he was supportive of the lighting but was supportive of always providing the minimums. Mr. Crawford directed the Board to the lighting section of the preliminary plat application and indicated they had attempted to do the minimum allowed instead of the maximum. Planner Skelton noted that the proposed lighting information provided in the application did comply with the requirements, but was unable to confirm if the minimum standard was being provided. Mr. Taylor asked Mr. Crawford to show the rendering of the old version side by side with the current proposal and asked the location of the ridge topography that made the parallel streets work better than cross streets. Mr. Crawford presented the rendering and responded that Ms. Wolf’s partner had indicated it made no sense to go against the ridge while the streets could run parallel and not be as steep. Mr. Taylor asked for the rendering of the green space corridor and whether or not he would get hit jogging down the pathway at some of those intersections. Mr. Crawford responded good vision triangles would be incorporated but there would be normal risk just like the intersections in his neighborhood. Ms. Wolf added that the idea was to provide major pedestrian roots with somewhat minor pedestrian roots and she thought Mr. Taylor would prefer to jog along the major pedestrian root as it was wider and more amenable to be in. Mr. Neubauer stated that both members of the public that had commented had been concerned with the section of Baxter Lane between the post office and Davis Lane. He noted he had driven through that area and had noted that Harper Puckett and Davis Lane were being brought up to a standard that Baxter Lane could not match; he noted the section was still within the County jurisdiction and asked the tipping point when that would be addressed. Assistant Director Saunders responded the section of road was on the Capital Improvements Program list, but had not been scheduled as other projects, such as the widening of College Street and Kagy Boulevard, had been of a higher priority; he added there were restrictions to how the City could handle county road improvements. He added there was no way to predict when those improvements would be completed but the City Commission reviewed and updated the CIP list once per year which would provide an opportunity for the community to make suggestions for improvements. Mr. Neubauer noted that it seemed the County would want to contribute to those improvements. Vice President Garberg asked if an SID had been considered or was even an option. Assistant Director Saunders noted an SID was one option but would not likely fund the entirety and other funding sources could be investigated as well. MOTION: Vice President Garberg moved, Mr. Neubauer seconded, that having heard and considered public comment, to hereby adopt the findings presented in the staff report for P-12014 and to forward a recommendation of approval to the City Commission for the requested variances to the following sections of Chapter 38 of the Bozeman Municipal Code: 1) Section 38.23.040.B “Block Length” (to exceed the maximum block length of 400 feet for Blocks 9, 10, 11, 14 and Block 18): and 2) Section 38.23.040.C “Block Width” (to allow block widths to be less than 200 feet or more than 400 feet in width for Blocks 9, 14, and 18). Vice President Garberg noted that there was strong case for the Variances requested per the review criteria as set forth in the ordinance and outlined in the Staff Report. President McSpadden added that hardships like topography also needed to be considered and the applicant’s proposed orientation helped mitigate those issues. The motion carried 5-0. Those voting aye being Vice President Garberg, President McSpadden, Mr. Taylor, Mr. Neubauer, and Mr. Fruh. Those voting nay being none. Mr. Neubauer noted he thought the section of Baxter Lane mentioned in public comment should be considered. Mr. Taylor suggested Mr. Neubauer could specifically amend the recommended motion to address his concerns with regard to Baxter Lane improvements. Vice President Garberg suggested Mr. Neubauer could also dictate his own motion using his own language. President McSpadden suggested the Board form a motion and move into discussion. Mr. Neubauer suggested he could also attend the City Commission hearing and voice his opinions at that time. MOTION: Vice President Garberg moved, Mr. Carson seconded, that having heard and considered public comment, to hereby adopt the findings presented in the staff report for P-12014 and to forward a recommendation of approval to the City Commission for the preliminary plat application for The Knoll at Baxter West Subdivision requested in application P-12014 authorizing subdivision of 26.314 acres into 65 residential, single household lots with the remaining area to be designated as common open spaces, public trails, and streets subject to the conditions listed on page 3-6 of the Staff report with the recommended amendment to condition #4 as presented by the Planning Staff. Mr. Garberg noted that there had already been review of the subdivision and the applicant was working within defined parameters. He noted Baxter Lane improvements were not of concern to him at this time. Mr. Taylor added that he did not think the application should be denied because they were not improving Baxter Lane and all these improvements needed funding in the most feasible ways. He noted it was becoming clearer and clearer that improvements would need to be completed in that direction and noted the point had been heard. The motion carried 5-0. Those voting aye being Vice President Garberg, President McSpadden, Mr. Taylor, Mr. Neubauer, and Mr. Fruh. Those voting nay being none. 2. Major Subdivision Preliminary Plat - #P-12017 (The Crossing @ Baxter Meadows Phases 4B – 4I) – A Major Subdivision Preliminary Plat Application requested by the property owner, Bank of Bozeman, P.O. Box 10070, Bozeman, MT 59719, applicant, Holyoke II, LLC, 504 S. Willson Ave., Bozeman, MT 59715, and representatives, TD&H Engineering, 234 E. Babcock St., Ste. 3, Bozeman, MT 59715 and Intrinsik Architecture, 111 N. Tracy Ave., Bozeman, MT 59715, requesting to allow the subdivision of 36.94 acres into 95 single-family lots and one multi-family lot including requested Variances to block length and block width for property legally described as a Lot R-1 of Amended Plat J-485A located in the NE ¼ of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana and is generally located directly southwest of the intersection between Davis Lane and Baxter Lane. (CONTINUED FROM 2/19/13) (Skelton) President McSpadden noted that the item had been opened and continued from the February 19, 2013 meeting of the Planning Board. Senior Planner David Skelton presented the Staff Report noting the location of the site and that is was west of the previous site. He noted Davis Lane and Baxter Lane were key components of the city’s transportation system and that the original preliminary plat approval had expired. He noted that many of the perimeter streets and substantial infrastructure improvements had already been completed for this phase of Baxter Meadows. He noted it was a multi-phase development that would basically be built a block at a time due to development happening at a slower pace in the community. He stated all the local streets would be constructed to City standards and added that the application also included Variances requested for block lengths. He noted that the proposal had been modified after the first week of DRC review to include a multi-household lot in conjunction with 95 single-household lots. He noted there had been agricultural uses on the site historically and there were no physical features other than the Spring Ditch watercourse which was one of the many tributaries of the Farmer’s Canal. Planner Skelton stated there were no alterations proposed to the existing watercourse and wetlands; he added there was a slope to the stream bank that may affect the storm water facilities, but no substantial grades on the remainder of the site. He stated that 3.5755 acres of dedicated parkland were required and Staff was supportive of crediting dedicated parkland to the subdivision. He stated if the multi-household lot was developed as a commercial use (i.e., private school, church, day care) there would be no parkland required. He noted that if both preliminary plats moved forward with filing and build out, there would still be a balance of credit from the 10-acre park. He stated the advisory bodies were supportive of the proposal with Staff conditions contingent on the participation of the subdivision for upkeep and maintenance of the public parks, trails and open spaces based on their fair shares. He added that if the condition of approval did not work between the two applicants involved and the Baxter Meadows property owner’s association, they could return to the Planning Board and City Commission to consider amendments to the condition of approval. He noted the condition was written to give the developers and Baxter Meadows property owner’s association the opportunity for a reasonable maintenance and upkeep formula that worked for all parties involved. He noted no public comment had been received with exception of letter from the President of the subdivision Association and Staff was supportive of the proposal with Staff contingencies. Planner Skelton stated the need to loop parts of the infrastructure through the site with the filing of phase 4A that determined much of the street and block layout for this preliminary plat application. He stated most blocks would not have mid-block crossings as they are less than 600 feet long, but Blocks 7 and 8 would likely still provide a good pedestrian connection. He stated a similar design had been reviewed and approved with Variances in 2007 with those entitlements having expired. However, he stated Staff was supportive of the proposal with the requested Variances based on the shape of the southern region of the site and the physical limitations established with the existing Spring Ditch watercourse. President McSpadden noted that condition #9 was the one addressing maintenance of the public areas instead of condition #10 as Planner Skelton had referenced. Mr. Taylor asked what would happen when the parkland ran out. Planner Skelton responded that there was the option of cash in lieu of dedicated parkland. Mr. Taylor responded there was certain logic to allowing parkland adjacent to the subject site, but the park for the The Crossing was getting credit for was a large distance away. Planner Skelton responded that part of the challenge was implementing the greater vision for a continuation of pedestrian connectivity and open space corridors throughout the entire Baxter Meadows Subdivision that would connect a series of public parks; noting that the Regional Park could be considered part of that. The purpose of identifying the remaining balance of available parkland credits was to put future phases of the major subdivision on notice that additional public parks would have to be dedicated to the north as depicted on the open space and parks master plan, again noting there was a balance remaining that was running out. Mr. Taylor clarified that the park land credits were granted on a first come, first serve basis. Planner Skelton responded that Mr. Taylor couldn’t have put it more clearly. Susan Riggs, Intrinsik Architecture, addressed the Board. She stated the subdivision was a victim of the economic downturn. She noted many different potential layouts had been investigated, but there were constraints that were not only the water/sewer, but the existing infrastructure and existing homes. She noted there was no chance for extension of the streets through the regional park. She stated the street lights had been approached to meet the minimum standards and noted those locations; she added the lights had been proposed to match the street standards. She stated the applicant was agreeable to the conditions of approval as outlined in the Staff Report. President McSpadden opened the item for public comment. Teri Ball, 2278 Riatta Road, stated the big concern for Baxter Meadows was the loss of park space especially with regard to the apartment complex being installed in the subdivision as they subdivision paid for the maintenance of those parks; she added they would need funding to accommodate more people and the maintenance of the parks. Seeing no more public comment forthcoming, the public comment period was closed. MOTION: Mr. Neubauer moved, Mr. Fruh seconded, that having heard and considered public comment, to hereby adopt the findings presented in the staff report for P-12017 and to forward a recommendation of approval to the City Commission for the requested variances to the following sections of Chapter 38 of the Bozeman Municipal Code: Approval for 1) Section 38.23.040.B “Block Length” to exceed the maximum block length of 400 feet for Blocks 2, 4, 6, 7, 8 and Block 10, and 2) Section 38.23.040.C “Block Width” to allow block widths to be less than 200 feet or more than 400 feet in width for Blocks 2, 8, 9 and 10. Mr. Taylor noted the conditions had been included as written due to the strange shape of the subdivision, the existing watercourse on the site, and the infrastructure improvements that had already been completed and he was supportive of the proposal with the requested variances. President McSpadden clarified that, for the record, the same Variances as being requested had been approved for the original subdivision. Planner Skelton confirmed that, for the record, the Variances had been previously approved. The motion carried 5-0. Those voting aye being Vice President Garberg, President McSpadden, Mr. Taylor, Mr. Neubauer, and Mr. Fruh. Those voting nay being none. MOTION: Vice President Garberg moved, Mr. Carson seconded, to forward a recommendation of approval to the City Commission for Major Subdivision Preliminary Plat - #P-12017 with Staff contingencies as amended and as outlined in the Staff Report. Mr. Taylor suggested the motion be amended to provide more clarity for the City Commission and suggested the following language. AMENDED MOTION: Mr. Carson moved, Vice President Garberg seconded, that having heard and considered public comment, to hereby adopt the findings presented in the staff report for P-12017 and to forward a recommendation of approval to the City Commission for the preliminary plat application for The Crossing at Baxter Meadows Subdivision, Phase 4B-4I requested in application P-12017 authorizing the subdivision of 36.94 acres into 95 residential, single household lots, one residential, multi-household lot, with the remaining area to be designated as common open spaces, public trails, and streets subject to the conditions listed on page 3-7 of the Staff report with the recommended amendments to condition #7 and #8 as presented by the Planning Staff. President McSpadden noted that condition of approval #9 referenced the condition of approval regarding the maintenance of public areas with regard to the HOA and that the previous application contained the same condition of approval. The amended motion carried 5-0. Those voting aye being Vice President Garberg, President McSpadden, Mr. Taylor, Mr. Neubauer, and Mr. Fruh. Those voting nay being none. ITEM 5. NEW BUSINESS Assistant Director Saunders noted the new planning software would be present at the March 19, 2013 meeting of the Planning Board. Vice President Garberg asked if the public would be invited to participate. Assistant Director Saunders suggested the members could invite anyone to attend the meeting as it would be more informal and conducted more like a work session. Mr. Taylor responded that he was working on a couple people to see if they wanted to attend. President McSpadden thanked Assistant Director Saunders for coordinating the presentation. President McSpadden added that the Zoning Commission did not have a quorum of members and urged the Board to recruit new members. ITEM 6. ADJOURNMENT Seeing there was no further business before the Planning Board, President McSpadden adjourned the meeting at 8:16 p.m. Trever McSpadden, President Chris Saunders, Assistant Planning Director Planning Board Planning & Community Development City of Bozeman City of Bozeman