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HomeMy WebLinkAbout05-04-10 Zoning Commission MinutesZONING COMMISSION MINUTES TUESDAY, MAY 4, 2010 ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Pomnichowski called the meeting to order at 7:15 p.m. and ordered the Recording Secretary to take attendance. Members Present: Nathan Minnick JP Pomnichowski Nick Lieb City Commission Liaison Members Absent: Ed Sypinski Staff Present: Doug Riley, Associate Planner Tara Hastie, Recording Secretary Guests Present: McRay Evans Steven Anderson Frank Munshower Bob Wiersma Chris Wasia Bart Manion Tom Henesh Joe Billion ITEM 2. PUBLIC COMMENT (0 -15 MINUTES) {Limited to any public matter within the jurisdiction of the Zoning Commission 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 APRIL 20, 2010 MOTION: Vice Chairperson Minnick moved, Mr. Lieb seconded, to approve the minutes of April 20, 2010 as presented. The motion carried 3 -0. Those voting aye being Mr. Lieb, Chairperson Pomnichowski, and Vice Chairperson Minnick. Those voting nay being none. Zoning Commission Minutes May 4, 2010 1 ITEM 4. PROJECT REVIEW 1. Zone Map Amendment Application #Z -10047 (Evans) A Zone Map Amendment requested by the applicant and owner, McRay Delone Evans, and representative, Thomas, Dean Hoskins, requesting to establish an urban zoning designation of R -1 (Residential, Single Household Low Density District) on 1.925 acres in conjunction with annexation for property legally described as Tract 1, C.O.S. 688, SE 1 /4, Sec. 18, T2S, R6E, PMM, Gallatin County, Montana and generally located southeast of the intersection South Rouse Avenue and Lincoln Street. (Riley) Associate Planner Doug Riley presented the Staff Report noting the request was submitted in conjunction with an annexation application. He stated the property was directly east of the owner's home and adjacent to their property. He stated the applicant was proposing low density R -1 zoning. He noted surrounding zoning designations and their locations as well as County property to the east of the site. He noted the location of Bozeman Creek flowing along the east boundary of the property. He directed the Zoning Commission to an aerial photo of the site as it exists. He stated the applicant's had indicated a desire to construct one single family home on the property for their own use and would move from the existing home. He directed the Zoning Commission to photographs of the site and noted locations of existing features. He stated the application was in compliance with the Bozeman Community Plan Designation of Suburban Residential for the property. He noted the proximity of water and sewer services within 200 feet. He stated the requested R -1 zoning was in compliance with the Bozeman Creek Neighborhood Plan as well and the hundred year floodplain and wetlands would need to be delineated for the property as part of the annexation and would determine the building envelope. He stated another consideration by Staff was the trail corridor along Bozeman Creek and was one of the recommended annexation conditions of approval to establish the easement that would provide for a future trail and compliance with the Bozeman Creek Neighborhood Plan. He stated Lincoln Street connection was not required at this time since only a single home was being constructed and it would be a number of years before Church Street would be upgraded to make that connection. He noted the approximate location of the hundred year floodplain, but would need to be established by a surveyor. He noted one item of public comment had been received in opposition of the annexation and overall development of the property. He stated Staff was supportive of the proposal with Staff conditions of approval. Mr. Lieb asked the recommendation of the Bozeman Creek Plan had been open space. Planner Riley responded Mr. Lieb was correct but the plan also recognized the rights of the property owner as long as the proposal was compatible with the surrounding development and proximity to water and sewer services. Chairperson Pomnichowski stated the applicant's materials had included a power line easement and she hadn't seen a letter from Northwestern Energy regarding the relocation of that easement. Planner Riley responded the easement had been relocated to the northern boundary. Chairperson Pomnichowski asked if there were plans to abandon the easement. Planner Riley responded he believed the easement had been abandoned when the line was relocated. Chairperson Pomnichowski suggested Planner Riley determine if the easement was abandoned before the City Zoning Commission Minutes May 4, 2010 2 Commission hearing. Chairperson Pomnichowski stated health and general welfare included flood zones and she had expected to see a more comprehensive map. Planner Riley responded he had investigated the floodplain maps and found the eastern quarter of the property appeared to be in the floodplain. Chairperson Pomnichowski asked what considerations had been given to street dedication. Planner Riley responded there was existing dedicated right of way for East Lincoln Street across the property and additional right of way was being required to obtain the full 60 feet required that would allow potential for Lincoln Street construction in the future. Chairperson Pomnichowski stated she did not see the reference for easements in the conditions of approval. Planner Riley responded the easements would be conditions of approval for the annexation application as per City annexation policy. Steve Anderson of Thomas, Dean, Hoskins and McRay Evans addressed the Zoning Commission. Mr. Anderson stated Planner Riley had made a pretty complete presentation and he had nothing to add. Mr. Evans stated the power line had once been kiddy corner to the property, but currently went down the street. He stated it had not been possible to construct a house on the property previously; they needed a home that did not have stairs due to their ages and were planning a bungalow type house. He directed the Zoning Commission to pictures his wife had drawn of what their house would look like if they were allowed to construct it. He stated in all the years he'd been there he had never had flooding issues. Chairperson Pomnichowski responded the 100 year flood plain would be important and the line would need to be determined to provide the proper setback. Mr. Evans agreed and stated Mr. Anderson had been working on the delineation. Chairperson Pomnichowski asked if the applicant would comply with the Bozeman Creek Neighborhood Plan and the trail. Mr. Evans responded he would not like people walking through his back yard but he would prefer the fencing that existed down further to help keep people off his property; he added he would do whatever the Zoning Commission said. Mr. Lieb asked if the applicant had a preferred building site on the lot. Mr. Evans noted the location of where he would like to construct the house unless it was in the floodplain. Chairperson Pomnichowski opened the item for public comment. Frank Munshower, 1407 S. Bozeman Ave., President of Bozeman Creek Neighborhood Association stated he had supported the Plan and its approval by the City Commission in 2004. He stated the Plan would keep the area clean and the Association was not happy about the proposal; what would prevent the owner from developing multiple housing on the lot. He suggested a restriction be placed on the deed to prevent more than one residence from being constructed. He stated development would further degrade the Bozeman Creek and the sewer load was maxed out in that part of town; he added the development would increase costs to the City when the sewer line was upgraded. He stated there were other avenues available to the owner for developing in town. He suggested the Association wanted to see a restriction on the deed to prevent further development of the property. Bart Manion, neighbor of the owner, stated he had been put in a peculiar position as he had just gone through a transfer of development rights; he added it had been an unpleasant experience. He stated there were several banks in the City that had acquired vacant lots and might look favorably Zoning Commission Minutes May 4, 2010 3 at giving the land to the Gallatin Valley Land Trust and the write off might be a favorable tax situation for Mr. Evans in the future. He indicated Mr. Evans had been a great neighbor to himself and his family and he knew what Mr. Evans would be dealing with; he suggested Mr. Evans meet with the Bozeman Creek Neighborhood as he did not want to see Mr. Evans go through the same thing as he did with transfer of development rights. Seeing no further public comment forthcoming, the public comment portion of the meeting was closed. Chairperson Pomnichowski asked about the discussion held between Planner Riley and Gallatin Valley Land Trust. Planner Riley responded he had wanted to ascertain what exactly the GVLT would like to see in regards to the trail issue and they had indicated they would like to see it along the creek in the watercourse setback. However, there had not been a desire to provide an additional easement from east to west as the Lincoln Street right of way would provide the pedestrian connection. Planner Riley stated one of the concerns expressed had been that multiple homes would be constructed on the lot; multiple homes would require full street and sewer and water main construction, which would likely make it cost prohibitive due to the size of the lot. Chairperson Pomnichowski asked if the lines would have the capacity to support the site. Planner Riley responded Engineering had determined the capacity was available to serve the existing site and construction of a home. Mr. Lieb stated he had a hard time understanding how R -1 zoning was acceptable when the Bozeman Creek Neighborhood Plan called for open space. Chairperson Pomnichowski reopened the public comment portion of the meeting. Bob Wiersma, 1322 S. Rouse Avenue, stated the trail that was indicated on the map would go right through the existing houses and through the back yard of another neighbor; it would need to be redirected. He stated the trail just looked like it was oddly placed and he didn't think Mr. Evans would like the trail in his back yard either. Seeing no further public comment forthcoming, the public comment portion of the meeting was closed again. Chairperson Pomnichowski stated the Zoning Commission could only consider the applicant's materials, Staff report, and adopted Neighborhood Plans and the 12 points for zoning consideration in the ordinance. She stated if the applicant wanted to pursue conversations with the Bozeman Creek Neighborhood Association and neighbors it would be up to them. Mr. Lieb stated he did not think the proposed zoning complied with the Neighborhood Plan, he thought traffic would be increased, and it would not prevent the overcrowding of land. He stated the rest of the review criteria were probably neutral. Chairperson Pomnichowski stated the City had adopted the Bozeman Creek Neighborhood Plan, but would not preclude the rights of the property owners. She stated the consideration to the Zoning Commission Minutes May 4, 2010 4 character of the district was difficult due to the surrounding homes and substation. She stated she found the proposal to be in keeping with the first review criteria as the proposal was for the strictest zoning designation. She stated she found the proposal to be in keeping with most of the review criteria, but the sticky criteria were directly related to the Neighborhood Plan. She stated generally County parcels surrounded by the City were appropriately annexed and zoned. She stated she was supportive of the application with Staff conditions and reservations. Mr. Minnick concurred with Chairperson Pomnichowski that the strictest zoning district was being sought which alleviated many of his concerns. He stated he was supportive of the proposal with Staff conditions of approval. MOTION: Vice Chairperson Minnick moved, Mr. Lieb seconded, to forward a recommendation of approval to the City Commission for Zone Map Amendment Application #Z -10047 with Staff conditions of approval. The motion carried 2 -1. Those voting aye being Vice Chairperson Minnick and Chairperson Pomnichowski, those voting nay being Mr. Lieb. ITEM 5. NEW BUSINESS There was no new business forthcoming. ITEM 6. ADJOURNMENT The Zoning Commission meeting was adjourned at 8:06 p.m. JP Pomnichowski, Chairperson Zoning Commission City of Bozeman Zoning Commission Minutes May 4, 2010 Doug Riley, Associate Planner Dept. of Planning Community Development City of Bozeman 5