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HomeMy WebLinkAboutZoning Commission-01-19-16 Minutes Zoning Commission Tuesday, January 19, 2016, 6:00pm, City Commission Chamber – 121 N. Rouse Ave. A. 06:05:38 PM Call meeting to order – Erik Garberg calls meeting to order B. 06:05:47 PM Changes to the Agenda – No changes to the agenda C. 06:05:52 PM Public Comment – No Public comment D. 06:06:16 PM Action Items A. 15529 – Sourdough Water Tank Annexation/ZMA (Saunders) 4330 Sourdough Road Annexation and initial zoning as Public Lands and Institutions (PLI) for 11.663 acres. Right of way is 3.413 acres and area of parcel is 8.25 acres. Site presently is used for the Sourdough Water Tank. 06:06:29 PM Chris Saunders begins presentation on the project. 06:12:52 PM Erik Garberg clarifies the color coding on the evaluation criteria and questions which items were favorable vs neutral. Chris Saunders responds in detail. 06:13:41 PM Chris Saunders continues presentation. 06:14:54 PM Chris Saunders ends presentation and opens meeting up to questions from the board and introduces Brian Heaston as applicant on behalf of the City of Bozeman. 06:15:00 PM Julien Morice questions if there is anything that this appears to be a house- keeping item and questions if there’s anything that this zoning will allow the City to do to the property that adjacent properties should know about. Chris Saunders states that this does not change what they can do on the property. They could always allow for an agency exemption which could allow them to do anything they wanted with the property. Mr. Saunders clarifies that this would just allow the property to be more in compliance. In addition, it would be asking the local government to follow the same rules and procedure as any other applicant. He feels it is best to always follow the rules when possible – there may be a place and time for agency exemption, but it does not seem appropriate here. By bringing it into the city and zoning it appropriately, Mr. Saunders feels that they are avoiding the need to invoke the exemption. In addition, if they left it as county land, they have more flexibility on that property than they would have under the new zoning. 06:16:55 PM George Thompson questions annexation that is not adjacent to the city boundary. Mr. Saunders states that it is a little different because it is a publically owned site and the use of the property will not change. He states there is no need for sewer to immediately serve the property, but notes that the sewer system there does have a planned expansion for the Sourdough area. He states that if it were a private application, that they would be concerned with annexing a private parcel that was completely isolated. But because of the unique features of this site, they are less concerned. He stated that the county is currently working to amend their code and if they do and they are still able to operate on this property as they are under the new code, that they may drop the annexation. Currently, they do not know what the code will look like. George Thompson points out that it would be hard for anyone to challenge the request, as this water tank has been there much longer than most residents. 06:19:52 PM Erik Garberg questions what future applications may be necessary based on what they are proposing on the property. Mr. Saunders states that as a PLI zone the wireless system they plan to put in would require a site plan if over 25 feet. This application would be an administrative review process and the director of community development would make the decision on that. The public notice associated with this application would be noticing on site and mailed notice to all property owners within 200ft. The city could expand on that if they thought it was appropriate. 06:21:06 PM Chris Mehl questions the amount of time and effort put into the ZMA process so far and the repercussions if they were to stop the process. Mr. Saunders responds that the ZMA process can be put on hold for a period of time, so it may not have too much impact. The City does not foresee much change in that area over time. It would likely only require re-noticing. Mr. Saunders states that they may get a hold of a draft of the county’s regulations within the next week and that may result in the City requesting the commission to put it on continuation for a week or two. 06:22:46 PM Chris Mehl clarifies that we have already put in a certain amount of effort to this point and that even if the county regulations allow the property to operate as it is, we don’t know what the future may hold for this property, so wouldn’t it be in our best interest to finish the process now. Mr. Saunders states that the distance from the city boundary may be a concern for the City Commission, so they would likely drop it given the distance from the City boundary – even though it is expected that this area will eventually be part of the city. Commissioner Mehl questions what sort of site improvements on that property may trigger notice to the surrounding property owners – aside from the tower mentioned. Mr. Saunders mentioned that improvements that may not require noticing would be accessory units – sheds, garages, etc. under 600 sq ft would not require noticing. A wireless system under 10ft would be considered accessory and not require notice or a site plan. Mr. Saunders stated that they are in communication with a 911 system about whether this would be a beneficial spot for a tower for them. 06:26:01 PM Open meeting to applicant for presentation – Brian Heaston from the City of Bozeman Engineering Division. Mr. Heaston begins presentation on behalf of the City. 06:26:47 PM No Questions for applicant. 06:26:48 PM Open up meeting for public comment. Kate Cramer-Vogel – adjacent property owner 8759 Trooper Trail – She states that there’s a 60’ easement from the fence line from the city property to their property and questions the likelihood that the easement will be developed. The previous property owner had built a large barn that falls within the easement and they are concerned about the effect of developing on the barn. 06:28:27 PM Mr.Garberg questions staff on the issue of the easement. Chris Saunders responds that there is an easement there for access, but they currently access the property through another route, so he is unaware of the city doing anything with that easement at this time. Mr. Saunders notes that it would be required to annex the easement with any adjacent parcels. Board points out that if the City was looking to abandon the right of way that it would go through another public process. 06:30:06 PM Mr. Thompson mentioned the 911 system and that it’s positive to keep that in mind as the City grows. He also mentioned that he thinks it’s great that the city is setting a precedent by thinking ahead when it may not be necessary for 10-15 years. It may be ½ a mile from the city limits, but it’s an important planning and infrastructure piece for the city to address now. 06:31:39 PM Motion by Julien Morice: Having reviewed and considered the staff report, application materials and all public comment and all information presented, I hereby adopt the findings presented in the staff report for application 15 – 529 and move to [recommend] provisionally adopt Ordinance 1933 approving the Sourdough Water Tank zone map amendment. Second by George Thompson Motion approved unanimously Current schedule for the project form here is February the 8th. They will however continue to look into this and adjust it as necessary. Public comment will remain open through the City commission meeting. E. 06:33:32 PM FYI/Discussion Mr. Garberg reminds any board members who’s terms are set to expire to re-apply or not to re-apply according to their own desires. F. 06:33:54 PM Adjournment For more information please contact Alicia Kennedy at akennedy@bozeman.net This board generally meets the first and third Tuesday of the month at 6:00pm Committee meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Chuck Winn at 582-3207 (TDD 582-2301).