HomeMy WebLinkAbout06-17-2014 Planning Board MinutesMINUTES
CITY OF BOZEMAN PLANNING BOARD
COMMISSION MEETING ROOM, CITY HALL
121 NORTH ROUSE AVENUE
TUESDAY, JUNE 17, 2014
7:00 P.M.
To see the minutes linked to the video please go to:
http://www.avca
ptureall.com/Sessions.aspx#session.370e0d57-87db-4ad3-ad68-e8e51f41f726
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
Taylor Balian
Mike Balch
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
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
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 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 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
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.
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 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
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
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
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
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
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 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.
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
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).