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Home My WebLink About10-03-17 Zoning Commission Minutes Zoning Commission Tuesday, October 3, 2017 6:00 PM City Commission Chamber – 121 N. Rouse Avenue A. 06:03:14 PM (00:01:23) Call meeting to order B. 06:03:21 PM (00:01:30) Changes to the Agenda C. 06:03:29 PM (00:01:38) Approve Meeting Minutes (none) D. 06:03:36 PM (00:01:45) Public Comment – Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please limit your comments to three minutes. E. 06:04:13 PM (00:02:22) Action Items 1. 17422 Noyes Annexation Zone Map Amendment (Saunders) The proposed amendment will establish an initial zoning designation of R‐2, Residential Two‐ Household Medium Density District, on 0.84 acres at 1200 Bridger Drive in association with annexation of the property.  17422 Staff Report  17422 Application Materials  17422 Plans  17422 Ordinance 1982 06:04:34 PM (00:02:43) Planner Chris Saunders of the City Department of Community Development, provided background information on the subject property including location, current use, surrounding zoning, proposed zoning and the associated proposed annexation. At this time, there is no proposed development on site, just to annex to connect to City services. 06:06:04 PM (00:04:13) Saunders stated the analysis of the required criteria of state law and local ordinance have found that none were in conflict with the proposal, detailed in the Staff Report. No public comment had been received at the time of the presentation. 06:06:30 PM (00:04:39) The Development Review Committee found no barriers to approval. Staff recommends favorably on the application. 06:07:02 PM (00:05:11) Board Member Morice asked to confirm the zoning of the lots adjacent to the right of the subject property. 06:07:17 PM (00:05:26) Saunders stated that one adjacent parcel is zoned R‐1, another is R‐S (part of the Headlands subdivision), and southeast of the subject property is not annexed and is in the Gallatin County. 06:07:37 PM (00:05:46) Morice confirmed that the subject parcel could still be zoned R‐S, just like the Headlands lot discussed in previous question. 06:07:49 PM (00:05:58) In response, Saunders explained the lot could be zoned R‐S; however, R‐S zoning is typically used in locations where there are environmental constraints, and in this case there does not appear to be any. Additionally, R‐S zones require a Planned Unit Development, which would be difficult to do on a parcel this small. 06:08:14 PM (00:06:23) Morice asked if the zoning designation would have to change, and asks to confirm that the property is already zoned R‐S. 06:08:19 PM (00:06:28) Saunders stated the subject property is in the County (not zoned), while the roadway adjacent to the north is R‐S. 06:08:26 PM (00:06:35) Morice accepted the explanation from Saunders. 06:08:34 PM (00:06:43) Board Chair Garberg asked to confirm that Planned Unit Developments are restricted to parcels of a minimum size of one acre before being allowed. 06:08:37 PM (00:06:46) Saunders confirmed that statement and states that being a reason why R‐S is not being suggested for the new zoning designation of the subject parcel. 06:09:01 PM (00:07:10) No public comment. 06:09:32 PM (00:07:41) MOTION: “having reviewed and considered the Staff Report, application materials, public comment and all information presented, I hereby adopt the findings presented in the Staff Report presented for Application 17422 and move to recommend approval of the Noyes Zone Map Amendment with contingencies” by Board Member Thompson. 06:10:02 PM (00:08:11) MOTION SECONDED: by Board Member Morice. 06:10:21 PM (00:08:30) VOTE: All in favor: Motion carries unanimously (3‐0). 06:10:31 PM (00:08:40) Saunders confirmed this item will be on the City Commission agenda on October 9, 2017 for the annexation and October 23, 2017 for the zone map amendment. 2. 17182 Locke Zone Map Amendment (Saunders) The proposed amendment will amend 1.83 acres from RS, Residential Suburban district to R‐1, Residential Single‐Household Low Density District, at 2111‐2119 Sourdough Road.  17182 Staff Report  17182 Application Materials 06:11:22 PM (00:09:31) Board Member Morice disclosed that he lives within the publically noticed area for this agenda item. States the City Attorney advised him that he need not recuse himself if he believes he can remain unbiased. Morice states he will remain, and asks if anyone has a problem with it. No one stated to take any issue with Morice participating. 06:12:09 PM (00:10:18) Planner Chris Saunders, representing Community Development, provided background information on the subject properties including location, current use, topography, surrounding zoning, and proposed zoning. 06:13:54 PM (00:12:03) Saunders stated the analysis of the required criteria of state law and local ordinance have found that none were in conflict with the proposal, detailed in the Staff Report. No public comment had been received at the time of the presentation. 06:14:33 PM (00:12:42) Development Review Committee reviewed the application and did not identify any barriers to approval. The City Commission will review this application and hold a public hearing on October 23, 2017. 06:14:56 PM (00:13:05) Chair Garberg asked if the land to the north was County‐owned. 06:15:04 PM (00:13:13) Saunders confirmed the land is County‐owned. 06:15:14 PM (00:13:23) Board Member Morice asked if rezoning the subject properties will impact what the City would have to in order to make proposed road improvements on Church St and at the Kagy/Sourdough intersection. 06:15:55 PM (00:14:04) Saunders explained why he does not believe it would. 06:16:29 PM (00:14:38) Board member Thompson asked if there is enough land to the southeast corner of the subject properties once the intersection is built out to be available for appropriate development or if this will create further development problems. 06:16:52 PM (00:15:01) Saunders answered that the road in question is an MDT route. To the best of his knowledge, the City has all of the right‐of‐way that is needed for the full width of Kagy Blvd and no property from the south of Kagy Blvd would need to be acquired. 06:17:46 PM (00:15:55) Thompson expressed concern of the right‐turn lane off of Church St on to Kagy Blvd and the future of the corner of the parcel. 06:17:56 PM (00:16:05) Saunders stated that in today’s standards would have not laid out the land in this fashion; however, the land has been platted. 06:18:29 PM (00:16:38) No public comment. 06:18:46 PM (00:16:55) MOTION: “having reviewed and considered the Staff Report, application materials, public comment and all information presented, I hereby adopt the findings presented in the Staff Report presented for Application 17182 and move to approve the Locke Zone Map Amendment with contingencies” by Board Member Thompson. 06:19:13 PM (00:17:22) MOTION SECONDED: by Board Member Morice. 06:19:17 PM (00:17:26) Board Member Morice speaks to his motion explaining the challenges of the site, his concern of the corner Lot 8 but his understanding that it is already platted. 06:19:47 PM (00:17:56) Chair Garberg echoed concerns of fellow board members of what the future may be. 06:20:04 PM (00:18:13) VOTE: All in favor: Motion carries unanimously (3‐0). 3. 17230 Bridger Vale Annexation Zone Map Amendment (Saunders) The proposed amendment will establish an initial zoning designation of REMU, Residential Mixed Use District, on 4.67 acres and PLI, Public Lands and Institutions, on 1.83 acres at 806 Manley Road in association with annexation of the property.  17230 Staff Report  17230 Application Materials 06:21:22 PM (00:19:31) Planner Chris Saunders of the City Department of Community Development, provided background information on the subject property including location, current use, surrounding zoning, proposed zoning and the associated proposed annexation. At this time, there is a development proposal (to be presented to the Planning Board and City Commission) associated with the zone map amendment and the annexation. 06:22:37 PM (00:20:46) Saunders explained the REMU zoning designation and PLI designation including examples of what uses are allowed. 06:24:28 PM (00:22:37) Saunders stated the analysis of the required criteria of state law and local ordinance have found that none were in conflict with the proposal, detailed in the Staff Report. 06:25:55 PM (00:24:04) No public comment had been received at the time of the presentation. Development Review Committee reviewed the application and did not identify any barriers to approval. The City Commission will review this application and hold a public hearing on October 23, 2017. 06:26:22 PM (00:24:31) Morice asked Saunders to repeat the process moving forward, confirming there will be another layer to critiquing and reviewing this project in more depth. 06:27:19 PM (00:25:28) Thompson inquired about the size of an adjacent park, and follows up with a request for Saunders to discuss the former dump location and the exposure the City suffered. 06:28:21 PM (00:26:30) Saunders explained that the City has been looking in to this for roughly a year and has been doing some on site testing. A contractor has been hired to work on an on‐going monitoring and mitigation process, and the City is taking action for future residents and for the City to mitigate any potential risks. Developer has been in contact with the DEQ to ensure they are aware of the development as well. 06:29:38 PM (00:27:47) Thompson asked about the increase of PLI zoning designations and the merits of changing the zoning out of the PLI format. 06:30:05 PM (00:28:14) Saunders described how the County zoning and the City’s Growth Policy are not connected or influenced by each other and the City’s analysis for determining the initial zoning for the subject properties. 06:31:45 PM (00:29:54) Chair Garberg stated that this project has similarities to the lot across from MAP Brewing (subdivision on south side of Manley Road) that recently went through zone changes and some entitlements, the Griffin/Manley intersection is an issue and will continue to be. He agrees with the analysis, but states that there will be other dominos to fall. 06:33:03 PM (00:31:12) Adam Morse from C&H Engineering & Surveying spoke at the podium to represent the applicant/owner to express the owner’s concern regarding timeline for the Annexation agreement. 06:33:22 PM (00:31:31) Garberg stated that the Zoning Commission does not have any influence on the Annexation. 06:34:03 PM (00:32:12) No public comment. 06:34:21 PM (00:32:30) MOTION: “having reviewed and considered the Staff Report, application materials, public comment and all information presented, I hereby adopt the findings presented in the Staff Report presented for Application 17230 and move to approve the REMU Zone Map Amendment with contingencies required to complete the application process” by Board Member Morice. 06:34:43 PM (00:32:52) MOTION SECONDED: by Board Member Thompson. 06:34:45 PM (00:32:54) Board Member Morice spoke to his motion to approve. 06:35:16 PM (00:33:25) Board Member Thompson spoke to his decision to second the motion. 06:37:17 PM (00:35:26) Board Member Morice engaged Board Member Thompson in a discussion in response to Thompson’s to vote against the motion. Morice expresses his concern that leaving the subject property in the County as M‐1 industrial zoning is a bigger risk than to develop it in the City with the standards and regulations of the City. 06:40:11 PM (00:38:20) Chair Garberg spoke in favor of the project, despite the layers of challenges it may have. 06:40:43 PM (00:38:52) VOTE: All in favor: Motion carries with a 2‐1 vote, Board Member Thompson voted not in favor. F. 06:41:26 PM (00:39:35) FYI/Discussion G. 06:41:36 PM (00:39:45) Adjournment For more information please contact Tom Rogers at TRogers@bozeman.net This board generally meets the first and third Tuesday of the month at 6:00pm Zoning Commission meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 582‐3232 (TDD 582‐2301).