HomeMy WebLinkAbout06-07-11 Zoning Commission MinutesZONING COMMISSION MINUTES
TUESDAY, JUNE 7, 2011
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Sypinski called the meeting to order at 6:04 p.m. and ordered the Recording Secretary to take attendance.
Members Present:
Ed Sypinski, Chairperson
Nathan Minnick, Vice Chairperson
David Peck
City Commission Liaison
Chris Mehl
Members Absent:
Staff Present:
Chris Saunders, Assistant Planning Director
Tara Hastie, Recording Secretary
Guests Present:
Kelly Kapinos
Kip Kapinos
ITEM 2. PUBLIC COMMENT {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 general public comment forthcoming, Chairperson Sypinski closed this portion of the meeting.
ITEM 3. MINUTES OF MAY 17, 2011
MOTION: Vice Chairperson Minnick moved, Mr. Peck seconded, to approve the minutes of May 17, 2011 as presented. The motion carried 3-0. Those voting aye being Chairperson Sypinski,
Mr. Peck, and Vice Chairperson Minnick. Those voting nay being none.
ITEM 4. PROJECT REVIEW
Chairperson Sypinski reversed the order of the items under project review.
2. U.D.O Edits ZCA #Z-11021 – Ordinance #1804 City initiated code changes to create Chapter 2.65 Zoning Commission and to amend Sections 18.28.010.A - Intent and Purpose, 18.28.040 -
Certificate of Appropriateness, 18.28.070 - Deviations from Underlying Zoning Requirements, 18.28.090 – Appeals, 18.42.170 – Trash and Garbage Enclosures, 18.50.030 - Cash Donation In-lieu
of Land Dedication, 18.64.160 - Violation - Penalty - Assisting or Abetting - Additional Remedies, 18.66.030.C - Filing of Notice of Appeal, 18.66.040.A – Administrative Interpretation
Appeals, 18.70.030 - Public Hearing Procedures and Requirements, 18.80.1945 – Mural, 18.80.3210 – Window Sign. Additional sections may be amended which are relevant to the same topics
if a need to do so is identified during the public review process. (Saunders)
Assistant Planning Director Chris Saunders presented the Staff Report noting the draft ordinance and Staff report were available on the City’s website along with the notice for the proposal.
He stated the proposed ordinance would put the Zoning Commission under the same statutory organization as other main advisory bodies and would define membership as well as jurisdiction.
He stated the City was a self governing power which can mean there is additional flexibility, but for Zoning the City must comply with the State requirements of authorizing statute.
Assistant Director Saunders stated the Historic Preservation Advisory Board and Staff had discussions regarding the proposed amendment to exempt certain types of work from the Certificate
of Appropriateness review process; he stated the exceptions were limited and addressed roofing, fencing, smaller scale accessory buildings, and egress windows in the older part of Bozeman.
Assistant Director Saunders noted that a provision to corral construction waste would also be included due to the number of complaints regarding construction debris. He noted modifications
to required parkland were also being proposed for the B-3 zoning district downtown and would include a default option for cash-in-lieu and the approval authority would be delegated to
the Planning Director. He stated the purpose for the combination of changes was to simplify the review process and requirements for downtown Bozeman.
Assistant Director Saunders stated that there was a group of edits pertaining to signage; the definition of a mural had been created and the proposed language more clearly indicated
what would be a mural so it could be exempted from requirements and what was signage so there was no question when each definition applied. He directed the Zoning Commission to examples
of window signage downtown to better depict what was being discussed. He noted the window divisions would play a factor in the allowable window signage amount. Chairperson Sypinski
asked for clarification that each pane separated by a division of 4 or more inches would be aggregated in the calculation. Assistant Director Saunders responded Chairperson Sypinski
was correct though each pane could be calculated individually. He added there were also proposed amendments to modify the allowable sign area as well as the sign area for secondary
building frontages; the purpose was to find ways of counteracting a bias in the language as it exists and would encourage more of a streetscape with buildings being more closely presented
to the street. He cited an example of a signage calculation under the current restrictions and noted the proposed code would allow 2 square feet for the first 50 feet instead of 1.5
square feet; it would make a significant difference for smaller buildings. He stated the sign area calculations for B-1 and R-O district would be modified for multi-tenant buildings
as well as the requirements for a Comprehensive Signage Plan.
Assistant Director Saunders stated the way the City would handle enforcement of zoning violations would also be clarified while zoning protests would be amended to reflect new changes
in State Law. He added the evening’s meeting was the first of two public hearings that had been scheduled for the proposal. He stated no public comment had been received for the proposal
and the Historic Preservation as well as the Parks and Recreation Advisory Board Subdivision Committee were also supportive of the amendments; Staff would meet with the full Recreation
and Parks Advisory Board later in the week. Chairperson Sypinski suggested the Northeast Urban Renewal and North Seventh Urban Renewal Boards should also be consulted.
Attorney Cooper stated existing subsection 18.64.160.E.2 required the City to release any pre-recorded non-compliance notice and asked why it had been proposed a second time. Assistant
Director Saunders responded they were two different items and the proposed would address issues that had been resolved; the intent was to make a notice that the parcel had been reviewed
and what had been approved prior to someone’s purchase arrangements.
Chairperson Sypinski opened the item for public comment. Seeing none forthcoming, the public comment period was closed.
Vice Chairperson Minnick stated he thought the proposal was clear and stated he was supportive of the amendments as proposed; he added the Certificate of Appropriateness and sign amendments
would really help expedite the process and would make signage more beneficial to local business owners.
Chairperson Sypinski stated it was important to note that sections 1 & 6 as well as 8-18 were City wide while sections 2-5 were specific to the Conservation Overlay District, and some
were specific to downtown Bozeman. He stated he found the application to be in keeping with the review criteria as set forth in the U.D.O. and would possibly improve some of the conditions
set forth in the review criteria. He stated he was supportive of the proposal with Staff findings as outlined in the Staff Report.
MOTION: Vice Chairperson Minnick moved, Mr. Peck seconded, to forward a recommendation of approval to the City Commission for U.D.O. Edits ZCA #Z-11021 – Ordinance #1804 with Staff
findings as outlined in the Staff Report. The motion carried 3-0. Those voting aye being Chairperson Sypinski, Mr. Peck, and Vice Chairperson Minnick. Those voting nay being none.
1. U.D.O Edits ZCA #Z-11021 – Ordinance #1809 Chapter 18.34 Site Plan Review to clarify text, include site plan phasing, limit duration of special temporary use permits, allow greater
flexibility of modification to conditional use permits, cap the maximum duration of master site plan approvals and to amend Section 18.64.010 to allow the Planning Director to approve
master site plans. Additional sections may be amended which are relevant to the same topics if a need to do so is identified during the public review process. (Saunders)
Assistant Planning Director Chris Saunders presented the Staff Report noting Staff had been doing ongoing monitoring of the ordinance and had identified necessary changes. He stated
the
decision making authorities would be modified with regard to the City Commission, Board of Adjustment, and Planning Director. He stated the proposal included an allowance for the Planning
Director to approve Master Site Plans if they had no Variances or Deviations proposed.
Assistant Director Saunders stated the creation of procedures to review zoning based development would never cause a deed to transfer land title to be filed with the Clerk and Recorder’s
Office. He stated the amendments would expand the master site plan use for phasing of development.
Assistant Director Saunders stated there would be modifications to the threshold for the review of the Design Review Board as the parking allocations were usually the trigger; a 90 space
threshold would be more appropriate. He stated Special Temporary Use Permits would be restricted to one year increments and clarification of the reuse and redevelopment procedures had
been included so it was clear they would be sketch plans.
Assistant Director Saunders stated phasing would be included in several sections to provide clarity. He stated several sections had been consolidated as they were pertinent to the Conditional
Use Permit process; modification to CUP approval would be handled as though it were a modification to an approved Final Site Plan. He added criteria for approval extensions and clarity
of time frames for approvals would also be included. Mr. Mehl asked how Staff had decided on a five year approval. Assistant Director Saunders responded longer term approval seemed
reasonable for phased developments and the language had been included in the original text.
Assistant Director Saunders stated the City had been developed long before modern requirements had come about and noted Staff was modifying reuse/redevelopment procedures with regard
to how aggressive the City should be on existing site circumstances. He stated the hearings had been noticed and other advisory bodies that would be impacted had been included. He
stated Staff was supportive of the amendments and felt they met the criteria as set forth in the UDO.
Chairperson Sypinski opened the item for public comment. Seeing none forthcoming, the public comment period was closed.
Chairperson Sypinski stated a number of comments had been provided by the Zoning Commission at the Work Session discussion and added he felt more comfortable moving the proposal forward.
He stated he felt the application was in keeping with the review criteria as set forth in the ordinance.
Mr. Mehl asked for clarification of the City Commission’s right to reclaim jurisdiction of a project. Assistant Director Saunders responded that once the City Commission reclaimed jurisdiction,
the Planning Director could not make a decision and the City Commission would have the approval authority, which could be appealed by the applicant.
MOTION: Vice Chairperson Minnick moved, Mr. Peck seconded, to forward a recommendation of approval to the City Commission for U.D.O. Edits #Z-11021 – Ordinance
#1809. The motion carried 3-0. Those voting aye being Chairperson Sypinski, Mr. Peck, and Vice Chairperson Minnick. Those voting nay being none.
ITEM 5. NEW BUSINESS
Chairperson Sypinski stated an application had been submitted to the City Commission for a new Zoning Commission member.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting was adjourned at 7:05 p.m.
Edward Sypinski, Chairperson Chris Saunders, Assistant Planning Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman