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HomeMy WebLinkAbout07-07-10 Zoning Commission Minutes ZONING COMMISSION MINUTES WEDNESDAY, JULY 7, 2010 ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Pomnichowski called the meeting to order at 7:12 p.m. and ordered the Recording Secretary to take attendance. Members Present: Nathan Minnick JP Pomnichowski Ed Sypinski City Commission Liaison Chris Mehl Members Absent: Nick Lieb Staff Present: David Skelton, Senior Planner Chris Saunders, Interim Planning Director Tara Hastie, Recording Secretary Guests Present: Jeffrey Thompson Jeffrey Brandner 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 JUNE 15, 2010 MOTION : Mr. Sypinski moved, Vice Chairperson Minnick seconded, to approve the minutes of The motion carried 3-0 June 15, 2010 as presented. . Those voting aye being Chairperson Pomnichowski, Mr. Sypinski, and Vice Chairperson Minnick with Mr. Mehl abstaining. Those voting nay being none. ITEM 4. PROJECT REVIEW 1. Zone Map Amendment Application #Z-10093 – ( Brandner) A Zone Map Amendment requested by the owner, Jeff Brandner, 1118 Bridger Dr., Bozeman, Zoning Commission Minutes – July 7, 2010 1 th MT 59715, and applicant/representative, Jeffrey Thompson, 220 S. 9 Ave., Bozeman, MT 59715 and requesting to establish an urban zoning designation of R-1 (Residential Single-Household, Low Density District) on .37 acres in conjunction with annexation for property legally described as Tract 1, C.O.S. 2760, Sec. 32, T1S, R6E, PMM, Gallatin County, Montana and located 1118 Bridger Drive. (Skelton) Senior Planner David Skelton presented the Staff Report noting the location of the site and noted the adjacent zoning designations. He stated the request was for a zoning designation of R-1. He noted those properties in the area that had been subdivided and infrastructure had been installed. He stated it was the applicant’s wish to replace the existing septic and well, but was in too close proximity of the municipal services per the Department of Health. He directed the Commission to an aerial photo of the property and noted there was a mix of County lands and City jurisdictional lands throughout the immediate area. He noted to the west were suburban development and noted the location of the Bridger Park mobile Home Park. He stated he had specifically called out the Story Mill Neighborhood PUD as many of the surrounding zoning designations had been amended due to the proposed mixed-use project. He directed the Commission to photographs of the site at it exists and noted the boundary overlay for the current City limits on the diagram was not completely accurate. He stated typically the setback requirement would be for 25 feet, but since no new encroachments were proposed, the existing structure would be allowed to maintain the current setback. He noted adjacent parcels and added that no public comment had been received from those neighborhoods. He stated more of the suburban rural homes were southeast of the subject property. He noted there was some mature vegetation that screens the mobile home trailer park to west. He stated he had distributed the zoning map amendment example to show the zoning designations driven by the Story Mill Neighborhood; prior the ZMA the surrounding properties were zoned for mobile home parks and manufacturing developments. He stated the applicant had originally requested the zoning designation of R-2 and Staff had recommended instead a designation of R-1 to remain more in keeping with the suburban land use patterns to the east; he added the applicant had agreed to amend the request to R-1. He stated no public comment had been received by letter or e-mail but two phone conversations had occurred regarding the proposal. He stated there had been no formal agency comments but MDOT had indicated there would be plenty of right of way for improvements to Bridger Drive and that future plans to improve the state highway would end at the intersection with Story Mill Road. He stated Staff was supportive of the proposal with Staff conditions of approval. Chairperson Pomnichowski clarified that improvements would end at Story Mill Road. Planner Skelton responded she was correct and MDOT had indicated they had no plans for further improvements to Bridger Drive further to the east. Chairperson Pomnichowski asked if the rendering accuracy could be resolved prior to City Commission review. Planner Skelton responded the GIS layer on the map was slightly inaccurate due to multiple layers and the property had been depicted accurately. Chairperson Pomnichowski asked the distance of the right of way. Planner Skelton responded he thought it was 120 feet, but he had not asked MDOT the exact distance. Chairperson Pomnichowski asked how it was that Staff was alright with a less than required setback; a nonconforming situation being considered and granted. Planner Skelton responded it was accepted by Staff as an established non-conforming use that pre-existed current Zoning Commission Minutes – July 7, 2010 2 regulatory standards and would be a grandfathered parcel of land but would not be allowed to expand the nonconformity of the site in the future. Chairperson Pomnichowski stated the distance from the intersection to the driveway seemed too short and asked if they were required to obtain a variance. Planner Skelton responded the property had already been granted an encroachment permit by the Montana Department of Transportation for the driveway. Mr. Mehl stated the map indicated a 115 foot right of way. Chairperson Pomnichowski asked how much room was left between the east side of the property and the structure. Planner Skelton responded he would have to verify the distance. Jeff Brandner and Jeffrey Thompson addressed the Zoning Commission. Chairperson Pomnichowski asked the applicant to provide a professional survey. Mr. Brandner responded a survey had been completed today. Chairperson Pomnichowski opened the item for public comment. Seeing none forthcoming, the public comment portion of the item was closed. Chairperson Pomnichowski stated she was pleased to see the type of Annexation and ZMA Amendment presented as it was adjacent to the City and compliant with the UDO. She stated she found the application to be in keeping with the review criteria as set forth in the UDO. Mr. Sypinski stated he was supportive of the proposal as presented with Staff conditions of approval and he felt the ZMA held to current land use patterns and was in compliance with the Growth Policy and UDO. MOTION : Vice Chairperson Minnick moved, Mr. Sypinski seconded, to forward a recommendation of approval to the City Commission for Zone Map Amendment Application #Z- The motion carried 3-0 10093 with Staff conditions.. Those voting aye being Chairperson Pomnichowski, Mr. Sypinski, and Vice Chairperson Minnick with Mr. Mehl abstaining. Those voting nay being none. ITEM 5. NEW BUSINESS Mr. Mehl stated the Chairperson of the Zoning Commission had sent a letter to the Commission and he wanted to assure the Board the Medical Marijuana ordinance would be carefully considered. ITEM 6. ADJOURNMENT The Zoning Commission meeting was adjourned at 7:32 p.m. _______________________________________ _______________________________________ Zoning Commission Minutes – July 7, 2010 3 JP Pomnichowski, Chairperson Chris Saunders, Interim Planning Director Zoning Commission Dept. of Planning & Community Development City of Bozeman City of Bozeman Zoning Commission Minutes – July 7, 2010 4