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HomeMy WebLinkAbout090109 Zoning Commission Minutes ZONING COMMISSION MINUTES TUESDAY, SEPTEMBER 1, 2009 ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Pomnichowski called the meeting to order at 7:03 p.m. and ordered the Recording Secretary to take attendance. Members Present: Peter Harned Nathan Minnick JP Pomnichowski Nick Lieb Ed Sypinski City Commission Liaison Sean Becker Members Absent: Staff Present: Chris Saunders, Assistant Planning Director Brit Fontenot, Recording Secretary Pro Tem Guests Present: Brit Fontenot Andy Knaub Alison Sweeney John Gallagher Rachel Weaver Richard Weaver Angela Kociolek ITEM 2. PUBLIC COMMENT (0-15 MINUTES) {Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.} Seeing there was no public comment forthcoming, Chairperson Pomnichowski closed this portion of the meeting. ITEM 3. MINUTES OF JULY 7, 2009 MOTION: Vice Chairperson Minnick moved, Mr. Lieb seconded, to approve the minutes of July 7, 2009 as presented. The motion carried 5-0. Those voting aye being Chairperson Pomnichowski, Vice Chairperson Minnick, Mr. Sypinski, Mr. Harned, and Mr. Lieb. Those voting nay being none. ITEM 4. PROJECT REVIEW 1. Zone Code Amendment Application #Z-09165 – (Section 18.80.080, U.D.O. Agricultural Activity Definition) A Zone Code Amendment requested by the applicant, City of Bozeman, requesting to modify the definition of “Agricultural Activity” in the Unified Development Ordinance for the City of Bozeman, Gallatin County, Montana in association with changes to Title 6, Animals, B.M.C. (Saunders) Assistant Director Chris Saunders presented the application and noted Section 4 of Ordinance 1767 is up for discussion and approval by the zoning commission. He stated Section 18.80.080 would be affected by the changes to Title 6. He noted the new language would authorize animals (chickens) as authorized under Title 6 and suggested the language “or animals [as] authorized under Title 6, BMC”. He noted there were 13 criteria applied in this review; 9 were neutral, 4 were satisfied, and none were “unmet”. He added that agricultural operations will not be affected by the change. He stated chicken keeping would be allowed in all zoning districts with residences. He added that public input and cooperation had been sought and utilized in the drafting of the ordinance language and that Staff recommended approval. Vice Chairperson Minnick asked how the change would relate to HOA covenants. Assistant Director Saunders responded the covenants would override. Mr. Becker asked if there were protest criteria. Assistant Director Saunders responded the protest provision is in statute and repeated in the ordinance. Mr. Becker asked if chickens would be allowable in other districts such as R-O or HMU. Assistant Director Saunders responded they would be allowed as long as the ordinance thresholds were met. Chairperson Pomnichowski noted the Zoning Commission had been tasked with reviewing changes to zoning maps or codes and the night’s discussion was not about whether she liked chickens or eggs, but about the 12 criteria the Zoning Commission is tasked with using to determine if the proposal can be approved. She noted 3 of the criteria gave pause; fire, health, and general welfare. She noted health and general welfare had been addressed in the Staff Report. She stated Avian Flu would be a concern and asked what research had been performed. Assistant Director Saunders responded Staff had researched and included a letter in the packet from the County Health Department. He added educational information would be produced which will be provided to applicants and noted that Avian Flu outbreaks typically occur in more concentrated flocks. Chairperson Pomnichowski asked what would happen if someone wanted to sell chickens, eggs or meat. Assistant Director Saunders responded the ordinance limits the numbers on site to a maximum of 15 birds. Chairperson Pomnichowski asked if, because it would be non commercial, the use could a finding for a home based business. Assistant Director Saunders responded that in his opinion, it could not be finding for a home based business as Staff was not trying to regulate that type of activity. Chairperson Pomnichowski asked if the proposal would lessen the impact on traffic, etc. and noted that 14 birds seemed to be bordering on commercial use. Assistant Director Saunders responded that most keepers of 15 chickens would have them for personal meat and egg production. Chairperson Pomnichowski asked the permitting process that would be required for keeping of chickens, if a permit granted once would ever be granted again, and if there would be an annual re-check. Assistant Director Saunders responded there would be a permitting process, there was currently no annual requirement for a recheck but if there was a material change to keeping then a re-check may be required. He added the City Commission may consider that in their review. Chairperson Pomnichowski opened the item for public comment. Alison Sweeny, 503 S. 14th Ave., stated that a small number of hens with neighborhood noticing requirements and no roosters would be good for the community. She stated hens would be quieter than many other city sounds. She stated animal control would be involved and cleanliness had been addressed. She added the Health Department would rather know where the chickens are located if Avian Flu alerts needed to be dealt with. She stated the keeping of chickens would have a small impact and large benefits. She noted educational material was being produced. Angela Kociolek, 620 N. Tracy Ave., stated she was excited by the chance to raise hens. She stated she was supportive of the ordinance. She noted several of her friends who raise hens are hardworking and resourceful and will take pride in the raising of chickens. She added other, larger cities allowed the keeping of chickens. John Gallagher, 602 N. 8th Ave., has had chickens for 5 years. He stated production of eggs and meat fluctuate throughout the year and there will not be an influx of eggs. He noted he cleans the coop daily which takes about 3 minutes. And noted there was not that much waste. Richard Weaver, 2434 Spring Creek Drive, stated he has 5 acres in the city and 1/3 acre of the 5 acres was a garden. He stated the waste produced by the chickens will be composted and used on the garden. He noted there would be more and more micro agricultural operations in the city and added he was looking forward to when other animals are allowed to contribute to the community (such as goats for weed eating). He stated he thought it would be a safe ordinance. A small child (Adora Hamilton?) stated it would be fun to have 6 chickens, open the coop and see eggs. Six chickens would be fine, but any more than that should be outside of the city. She added her sister loves to chase the chickens. Katrina Hamilton – 113 S. 6th Ave., stated some people enjoy chickens as a hobby and added she was supportive of allowing chickens in Bozeman. Michael Sweeney, 802 N. 17th Ave., #38, stated he was the head of the CLUC promotion committee and supports the efforts of the people participating. He stated in 1973 he worked on Spanish Creek ranch and was lucky to get 3 eggs a day. He stated he was a 5th generation Gallatin Valley resident and the ordinance would be consistent with the values of the community. Seeing no further public comment forthcoming, Chairperson Pomnichowski closed the public comment portion of the meeting and opened the item for Commission discussion. Mr. Lieb stated he had a hard time seeing how the fire criteria and health criteria would be met but couldn’t find too many negatives. He stated there were many neutrals which were consistent with how he felt, but he would vote to support the change as he could see the advantages. Mr. Harned stated this was a different circumstance than most zoning changes but it would fall in line and would be a great change in many ways. Vice Chairperson Minnick stated the character of the district gave him pause but he was reassured that HOA covenants would remain enforced. He added he felt like the remaining criteria were in line. Mr. Sypinski stated he appreciated the thoroughness of the ordinance, but had concerns about the 13 criteria being met. He noted his concerns regarded the appropriate care of the community and the possibility of conflict and nuisance if this ordinance was adopted. He stated criteria No.1 was not seen by him as neutral but instead a “no”. He added that the City Of Bozeman has enough trouble enforcing leash laws and added that he did not see how chickens would be enforced. He stated he was also concerned with conserving the historic values of the buildings and the most appropriate use of land in the municipality. He stated he would not support the proposed text amendment. Chairperson Pomnichowski stated some answers had been provided earlier in the meeting. She addressed compatible uses and noted the City was looking for a blend of uses for consistency with the Growth Policy. She added the keeping of chickens may lessen traffic in the streets and knowing the locations of people who keep chickens may ensure public safety in the event of an Avian Flu outbreak. She suggested Staff keep in touch with the Fish, Wildlife, and Parks as they do research on Avian Flu using the ducks at the MSU duck pond. She noted the greatest risk to the community was currently H1N1 (Swine Flu) but the H5 (Avian Flu) would be something to watch. She stated conserving the values of buildings had been addressed and added that a member of the public had suggested that dogs were a bigger issue than the chickens would be. She stated the ordinance was well written and comprehensive. She stated that she found that with this unique application, the review criteria had been met. She suggested a provision be included for checking the permit after the fact and a procedure through the Police Department if abandoned animals were found MOTION: Mr. Harned moved, Mr. Sypinski seconded, to forward a recommendation of approval for Zone Code Amendment Application #Z-09165 with the inclusion of the language “as”. The motion carried 4-1. Those voting aye being Chairperson Pomnichowski, Vice Chairperson Minnick, Mr. Harned, and Mr. Lieb. Those voting nay being Mr. Sypinski. ITEM 5. AMENDMENT TO ZONING COMMISSION BY LAWS 1. An update to the establishment of the composition of the City of Bozeman Zoning Commission per City of Bozeman City Commission Resolution #3312. Assistant Director Saunders presented the amendment to the ZC bylaws. He suggested the Commission form a subcommittee of two members to review the bylaws and prepare all the required changes at once. Chairperson Pomnichowski asked if the Commission had any questions. Vice Chairperson Minnick asked how a subcommittee would work with Staff. Assistant Director Saunders responded Staff would help the Commission and it would not be a terrific time commitment. Mr. Sypinski volunteered to help to be a member of the subcommittee, but Chairperson Pomnichowski suggested the Commission had been operating with 5 members since 1999 after the city county board was dissolved. She noted the amendments were all really straight forward and asked that Staff change the references and incorporate the redline changes without members of the Commission. She noted the Commission would then act on the proposed changes all at once. Mr. Lieb stated he agreed with Chairperson Pomnichowski. Chairperson Pomnichowski suggested Staff bring an updated set of bylaws with a correct set of references to the next meeting for discussion. She opened and continued the item to the next meeting of the Zoning Commission. ITEM 6. NEW BUSINESS Chairperson Pomnichowski welcomed Mr. Sypinski to the Zoning Commission. Assistant Director Saunders stated the Downtown Plan may generate a number of zoning changes that will be reviewed by the Zoning Commission and he wanted to make the members aware. Mr. Harned stated he will not be present at the Sept. 15th meeting, if scheduled. ITEM 7. ADJOURNMENT The Zoning Commission meeting was adjourned at 8:00 p.m. _______________________________________ _______________________________________ JP Pomnichowski, Chairperson Chris Saunders, Assistant Director Zoning Commission Dept. of Planning & Community Development City of Bozeman City of Bozeman