HomeMy WebLinkAboutLaurel Glen Lot 1, Block 9 Growth Policy Amendment, P14020_8Page 1 of 12
P-14020, Staff Report for the Laurel Glen Lot 1 Block 9 Growth Policy
Amendment
NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE
ITS PRESENTATION TO THE PLANNING BOARD ARE SHOWN IN RED.
Date: Planning Board public hearing is on June 17, 2014
City Commission public hearing is on July 7, 2014
Project Description: An amendment to Figure 3-1, the Future Land Use Map of the
Bozeman Community Plan to change the 2.04 acres of the subject property from
Community Commercial Mixed Use to Residential.
Project Location: Southwest intersection of Laurel Parkway and Annie Street. It is legally
described as Lot 1, Block 9, Laurel Glen Subdivision Phase 1. It is located in the
S1/2 Section 4, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana.
Address of the site is 856 Loxley Drive.
Recommendation: Approval with contingencies
Recommended Motion: Having reviewed the application materials, considered public
comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for application P14020 and move to approve
Commission Resolution #4534 the Growth Policy Amendment with the
contingencies required to complete the application processing.
Report Date: Tuesday, July 01, 2014
Staff Contact: Chris Saunders
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The application requests a change to Figure 3-1, Future Land Use Map, of the Bozeman
Community Plan from Community Commercial Mixed Use to Residential for approximately
2.04 acres at 856 Loxley Drive. A corresponding zone map amendment from B-1
(Neighborhood Business) to R-2 (Residential Two-Household Medium Density) is also being
processed and is about two weeks behind this application in consideration.
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Alternatives
1) Approve the application as it was submitted.
2) Deny the application
3) Continue the application and request additional information
Planning Board:
The Planning Board conducted their public hearing on June 17, 2014. There was no public
comment. The audio/visual recording/minutes from this meeting can be accessed at the
following link: http://www.avcaptureall.com/Sessions.aspx#session.370e0d57-87db-4ad3-
ad68-e8e51f41f726. The presentation of this item begins at approximately the 4 hour 14
minutes mark in the recording. After considering the matter the Planning Board adopted the
recommended motion to recommend approval of the amendment from Community
Commercial Mixed Use to Residential. The vote was unanimous.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
Planning Board: .................................................................................................................. 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL ................................ 5
SECTION 3 – RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
SECTION 4 - STAFF ANALYSIS........................................................................................... 5
Section17.4, Bozeman Community Plan Amendment Criteria. ......................................... 6
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............... 8
APPENDIX B –PROJECT DESCRIPTION AND BACKGROUND ................................... 10
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 11
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 11
FISCAL EFFECTS ................................................................................................................. 12
ATTACHMENTS ................................................................................................................... 12
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SECTION 1 - MAP SERIES
Surrounding Zoning and Land Uses
North: Vacant zoned R-2, Residential
Medium Density District
South: Detached single family
residential homes zoned R-2,
Residential Medium Density district
and R-1, Residential Single-household
low density district
East: R-1, Residential Single-
household low density district and
Park, PLI, Public Lands and Institutions
West: Detached single homes, R-1,
Residential Single-household low
density district
Vicinity Map showing adjacent zoning
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Vicinity Map from Growth Policy Figure 3-1
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SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These do not require revisions to the application or requested land use
designation.
Recommended Contingencies of Approval:
1) The applicant shall submit, within forty-five (45) calendar days of approval by the City
Commission, an 8½- x 11-inch or 8½- x 14-inch exhibit entitled “Laurel Glen Lot 1 Block 9
Growth Policy Amendment” to the Department of Community Development containing an
accurate description of the property for which the growth policy designation is being amended.
The exhibit must be acceptable to the Department of Community Development.
2) The resolution for the growth policy amendment shall not be drafted until the applicant
provides an exhibit of the area to be re-designated, which will be utilized in the preparation of
the resolution to officially amend the Future Land Use Map of the Bozeman Community Plan.
SECTION 3 – RECOMMENDATION AND FUTURE ACTIONS
Project Name: Laurel Glen Lot 1 Block 9 Growth Policy Amendment
File: P-14020
The Development Review Committee (DRC) considered the amendment on May 21st, 28th and
June 4, 2014. The DRC did not identify any infrastructure or regulatory constraints which would
impede the approval of the application.
Having considered the criteria established for a growth policy amendment, the Community
Development Staff recommends in favor of the application as submitted.
The Planning Board held a public hearing on June 17, 2014 and recommended approval of the
application as submitted.
The hearing date for the City Commission is July 7, 2014.
SECTION 4 - STAFF ANALYSIS
In considering applications for approval of amendments to the growth policy, the advisory
boards and City Commission shall consider the following criteria established by the Bozeman
Community Plan for amendments:
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Section17.4, Bozeman Community Plan Amendment Criteria.
1. The proposed amendment must cure a deficiency in the growth policy, or
improve the growth policy, to better respond to the needs of the general community;
The requested Growth Policy Amendment seeks to change the designation of approximately 2.04
acres from Community Commercial Mixed Use (CCMU) to residential. The land in question is a
commercial node intended to provide local commercial services to surrounding development.
The key question is whether the existing location is the most effective location to accomplish this
purpose.
A description of the CCMU designation is provided under Appendix A. As noted there,
normally a CCMU designation is located at significant intersections and with spacing of at least
1 mile to the next CCMU area. This is for two reasons.
First, any given area only has a certain amount of financial capacity to support commercial
activities with the funds available to its residents. Some of those funds will be spent throughout
the community so only a portion will be available to support a neighborhood commercial
services area. If there is not enough discretionary income available from the nearby households
the businesses cannot succeed. The spacing requirement enables CCMU nodes to not
cannibalize each other to the detriment of all.
Second, a location at major intersections provides convenient access to businesses from people
passing by. Since the probable businesses in a CCMU neighborhood node will be more
convenience oriented, it is to their advantage to be located near a significant customer base
where local residents can use the services rather than travel further for the same service.
Location of a CCMU node at higher vehicle traffic locations also allows access to the businesses
with minimum intrusion of vehicle traffic into local streets and neighborhoods.
As described in Appendix B, the original developer proposed the present location as part of a
large subdivision of approximately 160 acres. About half of that development has occurred. The
other half is in active development review. The location of the existing CCMU node is internal to
the subdivision and not at intersections of major streets. Access and exposure is limited for
businesses. The site is located where its service radius overlaps with two other CCMU
neighborhood nodes. An examination of the transportation plan indicates that there is a nearby
future intersection of major streets which may be better suited for these services for the reasons
discussed above.
In the map series, above, is an image showing the existing location for subject property and the
two nearest nodes (shown in pink). A separated service radius prevents nodes from scavenging
customers from each other. The greatest drawback to the present application is that it does not
propose an alternate location which is superior to what is presently designated. Rather it requests
the redesignation to residential land uses on its own leaving somewhat of a service gap in this
section of town. There are no immediately known proposals to develop within the City to the
north or west which makes the deficiency not immediately damaging. A larger tract immediately
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to the north of the amendment site was recently (2013) reclassified from CCMU to residential
land use, the remaining subject property is small in size, which may not be conducive to
commercial development. The Planning Board may address this rebalancing of service
locations in the future with an overall update to the growth policy.
The school district recently purchased the land where the CCMU node to the east is located for a
potential high school site. It may be prudent at the next overall map update to relocate that node
to the corner of Oak Street and Cottonwood Road which would provide service to the Laurel
Glen area.
The timing of this application may be more problematic than the substance in that it is asking the
question of whether the amendment is appropriate without the benefit of the larger land use
pattern discussion. The previous application having been approved, it does not appear reasonable
to deny the present application.
2. The proposed amendment does not create inconsistencies within the growth
policy, either between the goals and the maps or between different goals and objectives.
The proposed change does not alter the text of the growth policy and therefore does not create
inconsistencies between different goals and objectives. The land use principles of Chapter 3
encourage the development of commercial centers. The proposal eliminates a neighborhood
commercial center. As discussed in Criterion 1, there may be better locations for a neighborhood
commercial center to serve this area and the small lot size is not the most effective layout for
commercial development. The description of the Community Commercial Mixed Use land use
designation, see Appendix A, does suggest that CCMU node be generally between 10-15 acres in
size. The present CCMU at this location is approximately 2.04 acres, significantly less than the
normally expected size.
3. The proposed amendment must be consistent with the overall intent of the
growth policy:
The proposed change eliminates a commercial node. There is an opportunity with the next
overall update of the plan to relocate the node to a position that would potentially make it more
effective in meeting the intent of the growth policy. Nodes are typically located at major
intersections. This enables commercial development to draw passing customers without
increasing traffic on local streets and reduces total travel. The proposed change is not proposing
a relocation at this time, only the change of designation on the project site.
4. The proposed amendment will not adversely affect the community as a whole or
significant portion by:
Significantly altering land use patterns and principles in a manner contrary to those
established by this plan,
The requested Growth Policy Amendment seeks to change the designation of approximately 2.04
acres from commercial to residential. The land in question is a commercial node intended to
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provide local commercial services to surrounding development. The key question is whether the
existing location is the most effective location to accomplish this purpose. See the discussion
under Criterion 1 above.
Requiring unmitigated larger or more expensive improvements to streets, water, sewer, or
other public facilities or services, thereby impacting development of other lands,
The City’s site development process provides for the identification and mitigation of impacts.
The greatest likely impact would be additional park land required with residential development.
There is a potential for residential development on the site with the present commercial zoning or
with any future residential zoning which might follow the proposed growth policy amendment.
The original subdivision did not originally provide park area to offset service demands for
residential development on the amendment site. Additional parkland would be required with
residential development on the site whether or not the amendment is approved. Several means
exist in the municipal code to mitigate this demand. Significant residential development could
be approved on the site under either the existing or proposed and use designations.
Adversely impact existing uses because of unmitigated greater than anticipated impacts on
facilities and services
No extraordinary impacts are expected because of this change. Examination of the presently in
place B-1 zoning or the requested R-2 zoning which could replace it if the amendment is
improved shows that they have different nuances, but both allow substantial intensity of uses.
The sets of development standards would alter the form of the future development, but don’t
necessarily show one as being less intensive for public facilities than another. Similar intensity
of uses could be developed under either the existing or proposed land use designation. The
residential uses would not assist with trip length or frequency reduction in the way the
commercial uses could.
Negatively affect the livability of the area or the health and safety of the residents.
The change in future land use designation will have minimal effect on this criterion. The
greatest likely impact is a change in the proximity to potential commercial services. Density and
intensity of uses could be very similar under some residential or commercial development
options.
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation and Land Uses:
The current zoning for the parcel is B-1, Neighborhood Commercial. The B-1 zone allows for a
variety of commercial uses as well as intensive residential uses. The B-1 zone has small
setbacks but also has a building footprint size limit of 5,000 square feet. Comparison of the B-1
district to higher intensity residential districts indicates that they would have different
configurations, but could have similar intensities of use. The residential districts such as R-O
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Residential Office or R-4, High Density residential districts also allow for some commercial
uses, primarily office or community center type activities.
An application for R-2 zoning to be applied to the area has been submitted and is being reviewed
concurrently with this application. The public hearings are about two weeks separated from each
other. R-2 uses are compatible with the adjacent residential uses and provide a range of
development densities and design alternatives.
Adopted Growth Policy Designation:
The existing designation for the site of the amendment is Community Commercial Mixed Use.
The proposed designation is Residential. The descriptions of these two designations are
provided below.
Community Commercial Mixed Use. Activities within this land use category are the basic
employment and services necessary for a vibrant community. Establishments located within
these categories draw from the community as a whole for their employee and customer base and
are sized accordingly. A broad range of functions including retail, education, professional and
personal services, offices, residences, and general service activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated
with significant transportation corridors, including transit and non-automotive routes, to facilitate
efficient travel opportunities. The density of development is expected to be higher than currently
seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor
Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in
appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities are anticipated, appropriately designed for an urban
character. Placed in proximity to significant streets and intersections, an equal emphasis on
vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential
areas are expected in close proximity. Including residential units on sites within this category,
typically on upper floors, will facilitate the provision of services and opportunities to persons
without requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to serve
different purposes. Large Community Commercial Mixed Use areas are significant in size and
are activity centers for an area of several square miles surrounding them. These are intended to
service the larger community as well as adjacent neighborhoods and are typically distributed on a
one mile radius. Smaller Community Commercial areas are usually in the 10-15 acre size range
and are intended to provide primarily local service to an area of approximately one-half mile
radius. These commercial centers support and help give identity to individual neighborhoods by
providing a visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the size
and scale is to be smaller within the local service placements.
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Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not
be overly dominated by any single land use. Higher intensity employment and residential uses
are encouraged in the core of the area or adjacent to significant streets and intersections. As
needed, building height transitions should be provided to be compatible with adjacent
development.
Residential. This category designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density residential
areas should be established in close proximity to commercial centers to facilitate the provision of
services and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which may
require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
APPENDIX B –PROJECT DESCRIPTION AND BACKGROUND
The Laurel Glen development requested annexation in 2001. The property was formally
annexed by Resolution 3649 approved by the City Commission on January 20, 2004. A
preliminary plat for a four phase major subdivision was approved on May 20 2002. The
Commission minutes note that traffic flow along Durston Road and the capacity and
signalization of Cottonwood Road and Huffine Lane intersection in the review significant issues.
The placement of the commercial node was part of the considerations in finding that there could
be adequate traffic capacity. It was expected that the commercial services would provide some
capture of vehicle trips which would otherwise go out on the arterial street network.
Since that time the intersection of Cottonwood Road and Huffine Lane has been signalized,
Durston Road has had significant expansions to increase capacity. The site remains undeveloped
and therefore has not captured any trips. Less than half of the originally approved subdivision
also remains undeveloped at this time. However, the presently undeveloped area is going through
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subdivision review with the area south of Annie Street having been recently approved and the
area north of Annie Street to be considered by the City Commission in July.
The proposal will change roughly 2.04 acres of property from Community Commercial Mixed
Use to Residential. The property is located at the southwest intersection of Laurel Parkway and
Annie Street. It is a partial block surrounded by streets on three sides. It is located adjacent to a
park area on the east side of Laurel Parkway. The parcel is presently zoned as B-1,
Neighborhood Commercial and is vacant.
The adjacent properties are residentially planned and zoned. They are developed with a variety
of attached and detached homes. A few vacant parcels remain in the area.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice of the application was provided by publication in the Bozeman Daily Chronicle, posting a
notice prominently on site using the City standard notice format and sign post, and mailing first
class US mail to all property owners within 200 feet of the site. Adjacent owner addresses were
provided by the representative per standard City procedures.
One written comment was received prior to the completion of the report to the planning board.
The received comment addresses concerns about residential character which are most applicable
to the rezoning review. A copy of the comment is provided. No public comment was received at
the Planning Board’s hearing. A repeat of the comment was received between Planning Board
and City Commission. A copy of the comments are attached.
Extensive public comment was received in 2013 at the Planning Board public hearing for the
Growth Policy Amendment for the property to the north, both verbally and in writing. The
issues raised included loss of access to future commercial services; potential intensity of
residential development and related impacts on the adjacent properties; and changed character of
the area. The applicant, at that time, tabled the application while they worked with the
neighborhood to resolve concerns. A related zone map amendment was subsequently submitted
with the intention to resolve some of the neighborhood concerns. That application to rezone to R-
2 was approved and site development is proceeding in the review process.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Manhattan Bank, 2610 W. Main Street, Bozeman MT 59718
Applicant: Great Western Investments, 4721 Glenwood Drive, Unit D, Bozeman MT 59718
Representative: Caddis Engineering and Land Surveying, PO Box 11805, Bozeman, MT 59719
Report By: Chris Saunders, Policy and Planning Manager
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FISCAL EFFECTS
No immediate fiscal effects are expected from the change. A loss of commercial property within
the City, if it continues, could adversely impact long term tax revenue.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
Public comment received to date
Planning Board Resolution
Planning Board minutes
Commission Resolution 4534
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Resolution No. 4534, Intent to revise Growth Policy, Laurel Glen Lot 1, Block 9 #P14020
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RESOLUTION NO. 4534
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE INTENT OF THE CITY COMMISSION TO CONSIDER AN AMENDMENT TO FIGURE 3-1 OF THE BOZEMAN COMMUNITY PLAN.
WHEREAS, the City of Bozeman has had a comprehensive plan (growth policy) since 1958,
and
WHEREAS, the City of Bozeman adopted its growth policy known as the Bozeman Community
Plan (BCP) through Resolution 4163 on June 1, 2009, and
WHEREAS, the City of Bozeman adopted its most recent text amendments to the growth policy
known as the Bozeman Community Plan (BCP) through Resolution 4195 on August 3, 2009, and
WHEREAS, the Bozeman City Commission establishes criteria for the amending of the
document, and
WHEREAS, an application has been received to amend Figure 3-1, the future land use map of
the growth policy, and
WHEREAS, the City of Bozeman Planning Board conducted a public hearing on the application
on June 17, 2014, and
WHEREAS, in accordance with 76-1-602, MCA, the City Commission must conduct a public
hearing prior to taking any action to adopt or revise a growth policy,
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that:
Section 1
In accordance with the requirements of Section 76-1-604, MCA, having duly noticed and
conducted a public hearing on July 14, 2014 regarding Application P14020 and upon consideration of public comment and the information presented in Application P14020, the Bozeman City Commission
Resolution No. 4534, Intent to revise Growth Policy, Laurel Glen Lot 1, Block 9 #P14020
Page 2 of 2
hereby declares its intent to revise the Bozeman Community Plan by amending Figure 3-1, Future Land
Use Map, from Community Commercial Mixed Use designation to Residential for approximately 2.04
acres generally located at 856 Loxley Drive (legally described as Lot 1, Block 9, Laurel Glen
Subdivision Phase 1), located in the S1/2 Section 4, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana .
Section 2
Upon fulfillment by the Applicant of the Recommended Contingencies of Approval as stated
on page five (5) of the staff report for Application P14020 the City Manager shall prepare a final
resolution for consideration by the Commission revising Community Plan as stated in Section 1, above.
DATED this 14th day of July, 2014.
JEFFERY K. KRAUSS Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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RESOLUTION #P-14020
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING AN AMENDMENT TO FIGURE 3-1, FUTURE LAND USE MAP, BOZEMAN COMMUNITY PLAN FOR APPROXIMATELY 2.04 ACRES BEING LOCATED AT 856 LOXLEY DRIVE AND LEGALLY DESCRIBED AS LOT 1, BLOCK 9, LAUREL GLEN
SUBDIVISION PHASE 1, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-
601, M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by ordinance by the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the property owner, Manhattan Bank, 2610 W. Main Street, Bozeman MT
59718, the applicant Great Western Investments, 4721 Glenwood Drive Unit D, Bozeman MT
59718, and their representative, Caddis Engineering and Land Surveying, PO Box 11805,
Bozeman MT 59719, submitted a growth policy amendment to change the future land use
designation depicted on Figure 3-1, Bozeman Community Plan on approximately 2.04 acres located at 856 Loxley Drive from Community Commercial Mixed Use to Residential; and
WHEREAS, the proposed Growth Policy Amendment Application has been properly
submitted, reviewed, and advertised in accordance with the required procedures; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday,
June 17, 2014, to review the application and any written public testimony on the application; and
WHEREAS, no members of the general public provided written testimony on the matter
of the growth policy amendment application; and
WHEREAS, the Department of Community Development, based on the materials and
information provided by the Applicant and analysis of the proposal included in the Staff Report,
recommended approval of the Growth Policy Amendment; and
WHEREAS, the City of Bozeman Planning Board reviewed the application, Staff Report,
and Applicant testimony against the criteria for amendments established in Chapter 17 of the
Bozeman Community Plan finding the Application did overcome the burden of proof;
NOW, THEREFORE, BE IT RESOLVED, having heard and considered public
comment, application materials, and staff findings the City of Bozeman Planning Board voted 8-0 to accept the findings presented in the staff report and officially recommend to the Bozeman
City Commission approval of growth policy amendment application #P14020 to amend Figure 3-
1, Future Land Use Map, Bozeman Community Plan from Community Commercial Mixed Use
to Residential for approximately 2.04 acres described as Lot 1, Block 9, Laurel Glen Subdivision Phase 1, City of Bozeman, Gallatin County, Montana., Montana subject to the following contingencies:
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1) The applicant shall submit, within forty-five (45) calendar days of approval by the City
Commission, an 8½- x 11-inch or 8½- x 14-inch exhibit entitled “Laurel Glen Lot 1 Block 9
Growth Policy Amendment” to the Department of Community Development containing an
accurate description of the property for which the growth policy designation is being amended.
The exhibit must be acceptable to the Department of Community Development.
2) The resolution for the growth policy amendment shall not be drafted until the applicant
provides an exhibit of the area to be re-designated, which will be utilized in the preparation of
the resolution to officially amend the Future Land Use Map of the Bozeman Community Plan.
DATED THIS 17th DAY OF JUNE, 2014 Resolution #P14020
_____________________________ ____________________________
Chris Saunders, AICP Eric Garberg, Vice-President Department of Community Development City of Bozeman Planning Board
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MINUTES
CITY OF BOZEMAN PLANNING BOARD COMMISSION MEETING ROOM, CITY HALL
121 NORTH ROUSE AVENUE
TUESDAY, JUNE 17, 2014
7:00 P.M.
ITEM 1. CALL TO ORDER AND ATTENDANCE Mayor - Jeff Krauss: Present
Council Member - Erik Garberg: Present
Board Member - Paul Neubauer: Present
Board Member - Julien Morice: Present
Board Member - George Thompson: Present
Board Member - Gerald Pape Jr.: Absent
Board Chair - Trever McSpadden: Absent
Board Member – Brett Potter: Absent
Board Member - Laura Dornberger: Present Staff
Tom Rogers, Planner
Chris Saunders, Planner
Members of Public
Matt Eckstrom, Morrison-Maierle
Mark Meyer – 2585 Creekwood Dr
Kristin Cardin – 2457 Creekwood Dr
Jeff Johnson – 2563 Creekwood Dr
Susan Riggs, Intrinsik Architecture
Rob Pertzborn, Intrinsik Architecture
Brian Kline, Valley Center LLC
Dean and Anne Halse, Valley Center LLC
Walter Wolf for Flanders Mill, LLC
Chuck Hinesley
Troy Sherer, Design Five Landscape Architecture
2 people from C&H Engineering
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.)
07:03:42 PM – Chair Pro-Tem Garberg opened for Public Comment – no public comment forthcoming.
ITEM 3. DRAFT MINUTES OF MAY 20, 2014
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07:02:34 PM – Chair Pro-Tem Garberg asked for motion and second to approve minutes of 05/20/14.
Minutes approved unanimously.
ITEM 4. PROJECT REVIEW
1. Legends at Bridger Creek II Ph. 3 Preliminary Plat Application P14022
A Subdivision Preliminary Plat Application requested by the property owner/applicant Guinness
Partners, Inc., 430 N. Ryman, 2nd floor, Missoula, MT 59802; and represented by Morrison-Maierle,
Inc. PO Box 1113 Bozeman, MT 59771 to allow the subdivision of 24.69 acres into 51 single-
household lots and related streets and open space in the Bridger Creek II Subdivision. The property
is generally located between Midfield Street and Creekwood Drive, south of Bridger Creek. The
property is zoned R-1 (Residential Single Household Low Density District). The properties involved
are described as Lot 69, Lot 70 and Lot R of the Legends at Bridger Creek II Subdivision, Phase II,
Plat J-516, situated in Section 32, Township 1 South, Range 6 East, P.M.M, City of Bozeman,
Gallatin County, Montana. (Rogers)
07:03:07 PM – Open for Item #4 Project Review.
07:03:54 PM – Planner Rogers presented his staff report.
07:12:28 PM – Planner Rogers finished his presentation and responded to questions. Questions from
Mayor Krauss, Mr. Morice, Mr. Thompson, Mr. Neubauer.
07:23:24 PM – Questions for Planner Rogers closed and presentation by Applicant. Mr. Matt Eckstrom
of Morrison-Maierle, representing the Applicant, addressed the Board.
07:26:41 PM – Closed for Applicant and opened for Public Hearing.
Mr. Mark Meyer, 2485 Creekwood Dr, commented regarding habitat, open space, quantity of
homes and public safety.
Ms. Kristin Cardin, 2457 Creekwood Dr, commented on limited open space in Creekwood
Subdivision and the alley on Boylan Rd.
Mr. Jeff Johnson, 2563 Creekwood Dr, commented that this phase is out-of-character with the
rest of Legends at Bridger Creek with very little access to open space corridor.
07:31:09 PM – Chair Pro-Tem Garberg closed the Public Hearing and opened for questions, motion,
discussion and vote. Questions from Mayor Krauss, and Mr. Thompson.
07:40:44 PM - Motion
Board Member - Julien Morice: Motion
Board Member - George Thompson: 2nd “Having reviewed and considered the application materials, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for application P14022 and
move to approve the Legends at Bridger Creek II, Phase 3 Major Subdivision with conditions and
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subject to all applicable code provisions.”
07:41:10 PM – Mr. Morice spoke to the motion.
07:42:25 PM – Discussion on amendment to motion.
Board Member - George Thompson: Motion
Mayor - Jeff Krauss: 2nd
“I move to amend the motion to align easement access coming off the roadways to the open
space to reflect public comment.”
07:43:43 PM – Opened for discussion on amendment to motion.
07:43:54 PM – Chair Pro-Tem Garberg called for vote on amendment to motion.
Board Member - George Thompson: Motion
Mayor - Jeff Krauss: 2nd Amendment to motion carries unanimously.
07:44:09 PM - Chair Pro-Tem Garberg called for evaluation of approving subdivision with amended
Condition of Approval. Discussion by Mayor Krauss, Mr. Morice, Mr. Thompson, Mr. Garberg,
Ms. Dornberger.
07:53:32 PM – Chair Pro-Tem called for question on amended motion.
Board Member - George Thompson: Motion
Mayor - Jeff Krauss: 2nd
Mayor - Jeff Krauss: Disapprove
Council Member - Erik Garberg: Approve
Board Member - Paul Neubauer:Disapprove
Board Member - Julien Morice: Disapprove
Board Member - George Thompson: Approve
Board Member - Gerald Pape Jr.: Absent
Board Chair - Trever McSpadden: Absent
Board Member – Brett Potter: Absent
Board Member - Laura Dornberger: Disapprove Motion fails 2-4.
07:53:46 PM – Chair Pro-Tem Garberg stated this move forward to the Commission Meeting on July 7th
with a negative recommendation
07:54:09 PM – Chair Pro-Tem Garberg opened Item #2.
2. Cattail North Growth Policy Amendment Application P14016
A Growth Policy Amendment application is proposed by property owner Valley Center LLC, P.O.
Box 11890, Bozeman MT 59719 and the representative is Morrison-Maierle, Inc., P.O. Box 1113,
Bozeman MT 59771 has been submitted to the City of Bozeman Department of Community
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Development for an amendment to Figure 3-1 of the Bozeman Community Plan that would change
the future land use classification from Residential to Community Commercial Mixed Use upon
property located at 3646 N 27th Ave. and 4900 West Lake Road. The proposal would affect ~32
acres of land of a total of 53.77 acres. The property is legally described as a portion of Lot 2A, Minor
Subdivision 221E, Section 26, Township 1S, Range 5E, City of Bozeman, Gallatin County,
Montana. (Saunders)
07:54:50 PM – Planner Saunders presented his staff report and answered questions. Questions from Mr.
Garberg and Mr. Thompson.
08:10:08 PM – Opened for presentation by Applicant. Ms. Susan Riggs, Intrinsik Architecture, presented
for the Applicant, Valley Center, LLC, asked for approval of Alternative #1 and answered
questions.
08:15:20 PM – Chair Pro-Tem Garberg opened Public Hearing. No public comment forthcoming.
08:15:33 PM - Chair Pro-Tem Garberg opened questions, discussion, motion and vote. Questions from
Mayor Krauss.
08:17:29 PM – Motion
Mayor - Jeff Krauss: Motion
Board Member - Paul Neubauer: 2nd
“ I make a motion to approve the application, as submitted with Alternative #1, adopting the
applicant’s analysis of the Growth Policy requirements as our own and approve the Growth
Policy Amendment as submitted, subject to the conditions and requirements as suggested by
staff.”
08:19:18 PM – Mayor Krauss spoke to his motion. Questions from Board members.
08:24:29 PM – Mr. Pape joined the meeting at this time being late due to serving in a County duty at the
Northern Rockies Economic Development District at the request of the County Commissioners.
08:28:29 PM – Vote on motion
Mayor - Jeff Krauss: Motion
Board Member - Paul Neubauer: 2nd
Mayor - Jeff Krauss: Approve
Council Member - Erik Garberg: Approve
Board Member - Paul Neubauer: Approve
Board Member - Julien Morice: Approve
Board Member - George Thompson: Approve
Board Member - Gerald Pape Jr.: Approve
Board Chair - Trever McSpadden: Absent
Board Member – Brett Potter: Absent
Board Member - Laura Dornberger: Approve Motion passed unanimously.
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08:39:35 PM – President McSpadden joined the meeting and opened for Item #3.
3. Flanders Mill Ph. 1-7 Preliminary Plat Application P14024
A Major Subdivision Preliminary Plat application as requested by the property owner Flanders Mill
LLC, 235 Greenhills Ranch Road, Bozeman, MT 59718, and represented by C&H Engineering &
Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT 59718 has been submitted to the Department of
Community Development that would allow the subdivision of 136.75 acres into 292 single-
household residential lots, 2 multi-household lots, 1 lot for utilities, and associated parks and open
spaces with variances from 1) Section 38.23.100 (Watercourse Setbacks) to allow lots to encroach
within the required 50 foot setback from watercourse and wetlands, 2) Section 38.23.040 (Block
Length) to allow blocks (Block 13, 15, 16, 17, 20, and 24) with a length greater than 400 feet, 3)
Section 38.23.040 (Block Width) to allow blocks (Blocks 7, 9, 12, 14, 15, 18) with a width of less
than 200 feet, 4) Sections 38.24.080 (Sidewalks) and 38.24.110 (Transportation Pathways) to
construct a boulevard trail in lieu of a sidewalk to be located within a public access easement
adjacent to Flanders Mill Road, Baxter Lane, and Ferguson Avenue, 5) Section 38.24.060 (Street
Improvement Standards) to allow a level of service at the intersection of Ferguson Avenue and
Durston Road to be below the required level of service “C”; and a partial waiver of required park
land dedication required per Section 38.27.020 by providing an alternative means of recreational
space through provision of developed common open space. The property is zoned R-3 (Residential
Medium Density District), R-4 (Residential High Density District), and PLI (Public Lands and
Institutions). The project is generally located east of Flanders Mill Road, south of Baxter Lane and
west of Ferguson Avenue. The property is legally described as Tract 1, Certificate of Survey No
2834, located in the E ½ of W ½ of Section 3, Township 2S, Range 5E, of P.M.M, City of Bozeman,
Gallatin County, Montana. (Saunders)
08:39:47 PM – Planner Saunders presented his staff report.
09:00:38 PM – Planner Saunders concluded his report and took questions. Questions from Mr. Garberg,
Mr. Pape, Mayor Krauss, Mr. Neubauer, Mr. Morice.
09:23:55 PM – President McSpadden opened for the Applicant presentation, Mr. Walter Wolf
representing Flanders Mill, LLC.
09:26:39 PM – Presentation by Troy Sherer, Design Five Landscape Architecture, spoke to the process
of how they arrived at the parks, trails and open space plan and answered questions. Questions from Mr.
Pape.
09:33:10 PM – President McSpadden opened the Public Hearing. No public comment forthcoming.
President McSpadden closed public comment and opened for motion, discussion and vote.
09:34:11 PM – Motion
Council Member - Erik Garberg: Motion
Board Member - Julien Morice: 2nd
“Block width: “Having reviewed and considered the application materials, public comment, and
the information presented, I hereby adopt the findings presented in the staff report and move to
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approve the variance from Section 38.23.040 C to allow a block width of less than 200 feet for
Blocks 7, 9, 12, 14, 15, 18 as depicted on Sheets 1 and 2 of the preliminary plat in the submittal
with the applicable conditions set forth in the staff report.”
Mr. Garberg spoke to having started with this motion.
09:37:33 PM – Vote
Council Member - Erik Garberg: Motion
Board Member - Julien Morice: 2nd
Mayor - Jeff Krauss: Disapprove
Council Member - Erik Garberg: Approve
Board Member - Paul Neubauer: Approve
Board Member - Julien Morice: Approve
Board Member - George Thompson: Approve
Board Member - Gerald Pape Jr.: Approve
Board Chair - Trever McSpadden: Approve
Board Member – Brett Potter: Absent
Board Member - Laura Dornberger: Approve Motion carries 7-1
09:38:12 PM - Motion
Board Member - Julien Morice: Motion
Board Member - Paul Neubauer: 2nd “Dedication of Parks and Waiver of Park Dedication: Having reviewed and considered the
application materials, public comment, and all the information presented, I hereby adopt the
findings presented in the staff report regarding dedication of parkland and waiver of park land
dedication per Article 38.27 and move to accept the combination of dedicated parkland as
depicted in Park 1 and Park 2 and granting a waiver of dedication of additional parkland per
Section 38.27.100 as depicted in the submittal materials with the applicable conditions set forth
in the staff report.”
Mayor Krauss discussed the motion.
09:53:46 PM –Vote
Board Member - Julien Morice: Motion
Board Member - Paul Neubauer: 2nd
Mayor - Jeff Krauss: Disapprove
Council Member - Erik Garberg: Approve
Board Member - Paul Neubauer: Approve
Board Member - Julien Morice: Approve
Board Member - George Thompson: Approve
Board Member - Gerald Pape Jr.: Approve
Board Chair - Trever McSpadden: Approve
Board Member – Brett Potter: Absent
Board Member - Laura Dornberger: Approve
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Motion passed 7-1
09:54:22 PM – Motion
Board Member - George Thompson: Motion
Board Member - Gerald Pape Jr.: 2nd “Release and Reconveyance of Park Easement: Having considered the proposed Park Plan for
the subdivision and considered the application materials, public comment, and all the
information presented, I hereby adopt the findings presented in the staff report regarding the
reconfiguration of the existing park easement and direct that Staff prepare the necessary
documents to release and reconvey the eastern end of Park 1 in coordination with the final plat of
the initial phase of the subdivision and the adoption of the Park Master Plan for the subdivision.”
09:55:24 PM – Vote
Mayor - Jeff Krauss: Approve
Council Member - Erik Garberg: Approve
Board Member - Paul Neubauer: Approve
Board Member - Julien Morice: Approve
Board Member - George Thompson: Approve
Board Member - Gerald Pape Jr.: Approve
Board Chair - Trever McSpadden: Approve
Board Member – Brett Potter: Absent
Board Member - Laura Dornberger: Approve
Motion carries 8-0
09:55:31 PM– Motion
Council Member - Erik Garberg: Motion
Board Member – Paul Neubauer: 2nd
“Wetland and watercourse setback: Having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings presented in the
staff report and move to approve the variance from Section 38.23.100 to allow encroachment into
the required 50 foot wetland setback as depicted on Exhibit 4.1 in the submittal materials with
the applicable conditions set forth in the staff report.”
09:56:10 PM – Vote
Mayor - Jeff Krauss: Approve
Council Member - Erik Garberg: Approve
Board Member - Paul Neubauer: Approve
Board Member - Julien Morice: Approve
Board Member - George Thompson: Approve
Board Member - Gerald Pape Jr.: Approve
Board Chair - Trever McSpadden: Approve
Board Member – Brett Potter: Absent
Board Member - Laura Dornberger: Approve
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Motion carries 8-0
09:56:45 PM – Motion
Board Member - Gerald Pape, Jr: Motion
Board Member - George Thompson: 2nd
“Alternative block length (Option 1): Having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings related to alternative
block length compliance as allowed by Section 38.23.040 as presented in the staff report and move to
approve Blocks 13, 15, 16, 17, 20, and 24 to have a length in excess of 400 feet as depicted on
Sheets 1 and 2 of the preliminary plat in the submittal materials with the applicable conditions set
forth in the staff report.”
“I will amend the motion to state, as indicated by the Planner, that as as allowed by Section
38.23.040 as presented in the staff report and move to approve Blocks 13, 15, 16, 17, 20, 22 and 24
to have a length in excess of 400 feet as depicted on Sheets 1 and 2 of the preliminary plat in the
submittal materials with the applicable conditions set forth in the staff report.”
Discussion by Mr. Pape.
09:59:44 PM – Vote
Mayor - Jeff Krauss: Approve
Council Member - Erik Garberg: Approve
Board Member - Paul Neubauer: Approve
Board Member - Julien Morice: Approve
Board Member - George Thompson: Approve
Board Member - Gerald Pape Jr.: Approve
Board Chair - Trever McSpadden: Approve
Board Member – Brett Potter: Absent
Board Member - Laura Dornberger: Approve
Motion carries 8-0
09:59:53 PM - Motion
Board Member – Paul Neubauer: Motion
Mayor – Jeff Krauss: 2nd
“Level of Service: Having reviewed and considered the application materials, public comment, and
all the information presented, I hereby adopt the findings presented in the staff report regarding a
variance from Section 38.24.060 to allow an intersection to function below level of service “C” as
depicted on page 10 of the traffic impact study in the submittal materials with the applicable
conditions set forth in the staff report.”
Mr. Neubauer spoke to the motion.
10:08:07 PM – Vote
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Board Member - Paul Neubauer: Motion
Mayor - Jeff Krauss: 2nd
Mayor - Jeff Krauss: Approve
Council Member - Erik Garberg: Approve
Board Member - Paul Neubauer: Disapprove
Board Member - Julien Morice: Approve
Board Member - George Thompson: Approve
Board Member - Gerald Pape Jr.: Approve
Board Chair - Trever McSpadden: Approve
Board Member – Brett Potter: Absent
Board Member - Laura Dornberger: Approve
10:08:25 PM
Council Member - Erik Garberg: Motion
Board Member – Julien Morice: 2nd To provide a Class I Transportation Pathway instead of a sidewalk: “Having reviewed and
considered the application materials, public comment, and all the information presented, I hereby adopt
the findings presented in the staff report and move to approve the variance from Section 38.24.080 to
allow the development to not construct a concrete sidewalk in the standard location and size within the
dedicated right of way for Ferguson Avenue, Baxter Lane, and Flanders Mill Road and to instead
construct a Class I asphalt trail in a public access easement adjacent to the street right of way as depicted
on Sheets 1 and 2 of the preliminary plat and in the Park Plan in the submittal materials with the
applicable conditions set forth in the staff report.”
10:09:43 PM
Council Member - Erik Garberg: Motion
Mayor - Jeff Krauss: 2nd
Mayor - Jeff Krauss: Approve
Council Member - Erik Garberg: Approve
Board Member - Paul Neubauer: Approve
Board Member - Julien Morice: Approve
Board Member - George Thompson: Approve
Board Member - Gerald Pape Jr.: Approve
Board Chair - Trever McSpadden: Approve
Board Member -Brett Potter: Absent
Board Member - Laura Dornberger: Approve Motion carries 8-0
10:09:49 PM – Open for motion
Board Member - Laura Dornberger: Motion
Board Member - Gerald Pape Jr.: 2nd Subdivision as a whole: “Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in the staff report for application
P14024 and move to approve the major subdivision with conditions and subject to all applicable code
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provisions and incorporating all prior actions relating to dedication of parks, watercourse
setbacks, block width, block length, provision of alternative sidewalks, and the level of service at the
intersection of Ferguson Avenue and Durston Road with the conditions set forth in the staff report.”
10:10:36 PM
Mayor Krauss requested to amend the motion.
Mayor - Jeff Krauss: Motion
Council Member - Erik Garberg: 2nd
“I move to amend the motion to require as a condition of approval that the parks and open space
if they are to be fenced, that they be fenced with a coherent design and no higher than four feet.”
10:11:21 PM
Discussion on amendment to motion.
10:16:34 PM – President McSpadden called for a vote on the amendment.
Mayor - Jeff Krauss: Approve
Council Member - Erik Garberg: Approve
Board Member - Paul Neubauer: Approve
Board Member - Julien Morice: Disapprove
Board Member - George Thompson: Approve
Board Member - Gerald Pape Jr.: Disapprove
Board Chair - Trever McSpadden: Approve
Board Member – Brett Potter: Absent
Board Member - Laura Dornberger: Approve Motion carries 6-2.
10:17:18 PM – President McSpadden called for a vote on the original motion.
Board Member - Laura Dornberger: Motion
Board Member - Gerald Pape Jr.: 2nd
Mayor - Jeff Krauss: Approve
Council Member - Erik Garberg: Approve
Board Member - Paul Neubauer: Disapprove
Board Member - Julien Morice: Approve
Board Member - George Thompson: Approve
Board Member - Gerald Pape Jr.: Approve
Board Chair - Trever McSpadden: Approve
Board Member – Brett Potter: Absent
Board Member - Laura Dornberger: Approve Motion carries 7-1.
President McSpadden announced this will move forward to the July 7th Commission meeting.
10:18:19 PM - President McSpadden opened Item #4.
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4 Laurel Glen Growth Policy Amendment Application P14020
A Growth Policy Amendment application is proposed by property owner Manhattan Bank, 2610 W.
Main Street, Bozeman MT 59718. The applicant is Great Western Investments, 4721 Glenwood
Drive, Unit D, Bozeman, MT 59718 and the representative is Caddis Engineering and Land
Surveying, PO Box 11805, Bozeman MT 59719 has been submitted to the City of Bozeman
Department of Community Development for an amendment to Figure 3-1 of the Bozeman
Community Plan that would change the future land use classification from Community
Commercial Mixed Use to Residential upon property located at 856 Loxley Drive. The proposal
would affect ~2.041 acres of land. The property is legally described as Lot 1, Block 9, Laurel Glen
Subdivision, Phase 1, City of Bozeman, Gallatin County, Montana. (Saunders)
10:18:25 PM - Planner Saunders presented his staff report.
10:22:27 PM – Planner Saunders completed his report. President McSpadden opened for questions for
the Applicant, Chuck Hinesley.
10:25:25 PM – President McSpadden closed questions for Applicant and opened for Public Hearing. No
comment forthcoming. President McSpadden closed the Public Hearing.
10:25:38 PM – President McSpadden opened for motion, discussion and vote.
Mayor - Jeff Krauss: Motion
Council Member - Erik Garberg: 2nd
“Having reviewed the application materials, considered public comment, and considered all of
the information presented, I hereby adopt the findings presented in the staff report for application
P14020 and move to approve the Growth Policy Amendment with the contingencies required to
complete the application processing.”
Discussion followed.
10:27:40 PM – President McSpadden called for a vote on the motion.
Mayor - Jeff Krauss: Motion
Council Member - Erik Garberg: 2nd
Mayor - Jeff Krauss: Approve
Council Member - Erik Garberg: Approve
Board Member - Paul Neubauer: Approve
Board Member - Julien Morice: Approve
Board Member - George Thompson: Approve
Board Member - Gerald Pape Jr.: Approve
Board Chair - Trever McSpadden: Approve
Board Member – Brett Potter: Absent
Board Member - Laura Dornberger: Approve Motion carries unanimously.
ITEM 5. ADJOURNMENT
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10:28:00 PM – President McSpadden meeting adjourned.
This meeting is open to all members of the public. If you have a disability that requires assistance,
please contact ADA Coordinator, James Goehrung, at 582-3200 (voice) or 582-2301/582-2432 (TDD).
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