HomeMy WebLinkAbout02-18-2014 Planning Board MinutesPage 1 of 5
City of Bozeman Planning Board Minutes of February 18, 2014.
PLANNING BOARD MINUTES
TUESDAY, February 18, 2014
ITEM 1. CALL TO ORDER AND ATTENDANCE
President McSpadden called the regular meeting of the Planning Board to order at 7:00 p.m. in the
Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and took attendance.
Members Present: Guests Present:
Trever McSpadden, President Mike Popiel
George Thompson Andy Rowe
Julien Morice Dan Barnes
Paul Neubauer Mary Bentley
Laura Dornberger
Jerry Pape
Brett Potter
Lindsay Vincent
Cory Robinson
Ryan McIntosh
Mayor Krauss
Applicant Representative:
Clint Litle
Members Absent:
Erik Garberg
Staff Present:
Tom Rogers, Associate Planner
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.)
Trever McSpadden, opened for public comment.
No public comment. Closed Public comment period.
ITEM 3. ELECTION OF OFFICERS
If it is ok I would like to move this to Item number 6 right before new business.
ITEM 4. MINUTES OF NOVEMBER 5, 2013
A motion to accept the minutes of November 5, 2013 was moved, seconded and approved unanimously.
ITEM 5. PROJECT REVIEW
1. Meadow Creek MaSub Prel. Plat Application P13046
A Subdivision Preliminary Plat Application requested by the property owner DA Land
Company, LLC, 1871 South 22
nd
Avenue, Suite 4, Bozeman, MT 59718 and represented by
DOWL HKM, 2090 Stadium Drive, Bozeman, MT 59715, to allow the further subdivision of 13
existing lots (10.45 acres) to create 42 single-household residential lots with a variance from
Section 38.23.100, B.M.C., wetland setback standards. The property is legally described as the
Amended Plat of Lots 8-15, Block 5 & Lots 14-18, Block 9, Meadow Creek Subdivision Phase 1
located in the Southeast One-Quarter (SE ¼) of Section 23, Township Two South (T2S), Range
Five East (R5E), P.M.M. Gallatin County. The project is generally located at the intersection of
Goldeneye Drive and South 27
th
Avenue. (Rogers)
Page 2 of 5
City of Bozeman Planning Board Minutes of February 18, 2014.
Associate Planner Rogers presents background for Meadow Creek MaSub Prel Plat Application:
• Showed various views of lot area of said application
• Reviewed the variance request regarding the wetland setback requirements.
• Wetland Review Board has reviewed this request and has forwarded a favorable
recommendation for this application.
• The Development Review Committee (DRC) considered the application on January 29, 2014
and recommended conditional approval of the preliminary plat application subject to the
conditions listed on pages 9-14 of the staff report.
Staff stated no public comment has been provided on this application to date; they have received a
couple of phone calls from the property owners association for the Meadow Creek Subdivision and they
brought it to our attention that a requirement within their covenants stated that there is no further
subdivision of any existing lot within Phase 1 subdivision without prior approval from the city and the
Home Owners Association (HOA). We are before the city tonight and will address that part. The
Applicant has contacted the HOA and begun a dialogue. There is no written approval from HOA yet
and we have a few persons in audience that may comment on this. This is a private covenant and not a
city requirement.
Mr. Rogers: Staff is recommending approval with the conditions of approval listed in t ehthe staff
report. At this time if you have any questions of staff I would be happy to answer them as well as the
applicant is present to answer additional questions.
President McSpadden addresses board members with concerns/questions.
In the spirit of full disclosure I worked with the bank that actually ended up with this property to come
up with a feasibility/concept plan for some of the stuff, so I have done some work on this parcel but I
have no relationship with the applicant and I just want to put that out there for you and if you are
uncomfortable with that let me know.
Mr. Pape asked question regarding the location of front door at alley due to setback requirements.
Mr. Rogers: replied that the alley will be constructed to a city Standard Street with curb, gutter,
boulevard sidewalks, as well as other utility and access requirements.
President McSpadden: just for clarification in a early design an alley was proposed. The current plan is
to construct a city standard street within a dedicated right of way to serve as the access.
Ms. Dornberger: asked for clarification if there were other lots designed for multi-family?
Mr. Rogers: stated that there are lots within Meadow Creek Phase 1 designated for multi-household.
Mr. Morice: asked for clarification on the requirement of HOA approval - if members wanted to amend
the motion is that necessary?
Mr. Rogers: Staff feels that how it is listed is solid enough and because private covenants are a civil
matter and respect and understand the intent. You can move as a board if you feel that is important to
make that suggestion and add as an amendment and forward it to commission for consideration.
President McSpadden: Clarifies process of application recommendation.
Mr. Potter: asked for clarification on fence requirement as part of variance
Page 3 of 5
City of Bozeman Planning Board Minutes of February 18, 2014.
Mr. Rogers: clarified variance
President McSpadden: Invited applicant for presentation.
Applicant: Clint Litle, engineer with Dowl HKM, representing the owner/applicant DA Land Partners.
• Commends thoroughness of Planning and Engineering departments on the Staff Report.
• Have read Staff Report and are not requesting any changes or proposed conditions.
• Reviewed project.
Applicant asked if there were any questions of Board members.
President McSpadden: Any questions for the applicant?
Mr. Neubauer: had question about the lots size and why boundary wasn’t just brought in and then
variance would not be needed.
Mr. Litle: the preference is to have a 100 foot lot depth.
President McSpadden opens comment to public
Bill Erikson, HOA President of Meadow Creek, had questions regarding direction of garages and
location of storm water holding ponds
Cory Robinson 3575 Parkway Ave: I just have a comment that we would like to see the neighborhood
completed.
Mary Bentley 3589 Parkway Ave: I am here to support the re-plat of single-household verses multi-
family homes.
President McSpadden: Close public comment and ask if applicant would like to make a rebuttal.
Mr. Litle: Thanks public for coming out and made comment to Mr. Erikson’s questions. The garages
will face the “Road A” no frontage onto 27
th
. We are proposing additional ponds that follow City
guidelines and MDEQ standards. Made a comment regarding full cooperation with the HOA to create
the best project possible.
Mr. Potter: commented on retention ponds and wetlands
Mr. Litle: clarified storm water ponds are not encroaching wetlands
President McSpadden: asked to clarify maintenance burden of the Storm water facilities and how it
weaves itself into existing system on a maintenance perspective.
Mr. Litle: reviewed Storm Water Facilities system plan and the maintenance by HOA
Mr. Pape: addressed difference of the maps.
President McSpadden: bring to motion/ discussion/vote
We will need to do the variance first and it would need a motion and second and then discuss variance
then we could move onto the subdivision.
Page 4 of 5
City of Bozeman Planning Board Minutes of February 18, 2014.
Mr. Morice: Having reviewed the application materials, considered public comment, and the staff
analysis, I hereby adopt the findings presented in staff report for Application P13046 and recommend
the variance from 38.23.100 the wetlands setback standards to the commission for approval. Mr.
Thompson seconded motion.
President McSpadden: any discussion on the variance?
Mr. Morice: I have no problems with variance after reviewing materials and hearing presentation by
staff and applicant.
Mayor Krauss: made comment on the need to amend the motion to adopt the findings on the variance
request separately from subdivision. He noted the Wetlands Review Board approved it so, the problem
he had was that he is not aware of hard and fast rules on 100 foot lots.
President McSpadden: continued discussion on this item. I would incorporate the findings in the staff
report specific to the variance that that is included as part of our discussion. Are there any further
comments on the variance? No further discussion on the variance, the Planning Board voted 7-1 in
favor of the motion; Mayor Krauss oppose.
President McSpadden: Now we’ll need a motion for the subdivision application itself.
Mr. Pape: I move having reviewed the application materials, considered public comment, and the staff
analysis, I hereby adopt the findings presented in staff report for application P13046 and move to
approve the amended plat of Meadow Creek Phase 1 Subdivision with conditions and subject to all
applicable code provisions. Mr. Thompson seconded motion.
President McSpadden: does anyone want to speak on the motion?
Mr. Pape: this is a good approach to if you have a set of uses in an area that isn’t selling and how do
you reconfigure it for a more appropriate set of uses that is considerate of what is happening in
neighborhood and that would complete the neighborhood. I am very happy to vote for this application.
Mayor Krauss: spoke on the original plan of density per acre and how this type of density
neighborhoods are coming back into the city and he is really happy to see it.
President McSpadden: any more discussion? No further comment so with that I will take a vote. The
motion passed unanimously. This will be on the commission’s agenda on March 3, 2014 @ 6pm.
ITEM 6. ELECTION OF OFFICERS & NEW BUSINESS
• Re-election of President McSpadden and Vice President Garberg.
• Mr. Pape indicated he wasn’t getting packets early enough especially when there is a holiday on
Monday. Mr. Rogers stated he would bring this up at the staff meeting with the Community
Development Director Thursday.
• Mr. McSpadden continued discussion on this item
• Mr. Pape questioned the time of Planning Board and Zoning Commission meeting
• Mayor Krauss discussed some changes to streamline policies/processes
• President McSpadden suggested policy/work items.
Page 5 of 5
City of Bozeman Planning Board Minutes of February 18, 2014.
ITEM 7. ADJOURNMENT
Seeing there is no further business before Planning Board, President McSpadden adjourned the meeting
at 8:15 p.m.
Trever McSpadden, President Tom Rogers, Associate Planner
Planning Board Department of Community Development
City of Bozeman City of Bozeman