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HomeMy WebLinkAbout06-07-11 Planning Board Minutes PLANNING BOARD MINUTES TUESDAY,JUNE 7, 2011 ITEM 1. CALL TO ORDER AND ATTENDANCE President Sypinski called the regular meeting of the Planning Board to order at 7:07 p.m. in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and directed the secretary to take attendance. Members Present: Staff Present: Ed Sypinski, President Chris Saunders, Assistant Planning Director Jodi Leone Tara Hastie, Recording Secretary Erik Garberg Eugene Graf Bill Quinn Jeff Krauss Members Absent: Guests Present: Adam Fruh Trever McSpadden, Vice President ITEM 2. PUBLIC COMMENT {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 no general public comment forthcoming, President Sypinski closed the public comment portion of the meeting. ITEM 3. MINUTES OF APRIL 5, 2011 (Continued from 5/17/11_) MOTION: Mr. Garberg moved, Mr. Graf seconded, to approve the minutes of April 5, 2011 as presented. The motion carried 6-0. Those voting aye being President Sypinski, Ms. Leone, Mr. Garberg, Mr. Quinn, Mr. Krauss, and Mr. Graf Those voting nay being none. ITEM 4. PROJECT REVIEW 1. U.D.O Edits ZCA#Z-11021A—City initiated code changes to amend Sections 18.06.040.0— Planning Board Review, 18.06.040.D.6— Subdivision Application Approval Period, 18.08.010— General, 18.10.010.I—Divisions of Land Entirely Exempt, 18.10.020 - Specific Divisions of Land Exempt from Review but Subject to Survey Requirements, 18.10.030 - Exemptions from Surveying and Filing Requirements but Subject to Review, 18.10.070.E—Exemption Review Criteria, and 18.74.030.B.2—Completion of Improvements. 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) Pagel of 4 City of Bozeman Planning Board Minutes of June 7,2011. Assistant Director Chris Saunders presented the Staff Report noting Staff had identified changes that would be necessary in the ordinance as well as statutory changes that would need to be included_ He stated all of the proposed amendments were available on the City's website if members of the public were interested. He stated he had included summarized sections for amendment on the Powerpoint presentation and indicated the Planning Board members could ask questions of him as they saw necessary. He stated the amendments presented were primarily to provide for review for compliance with the Growth Policy with regard to first minor subdivisions and would remove one step of the process by delegating the approval authority to the Planning Director. Assistant Director Saunders stated the language with regard to extensions of preliminary plat approval would be modified to be applied equitably and would include specific criteria, most of which are already reviewed, and would invoke self governing powers. The Planning Director authority to grant the extensions is limited to two year periods. He stated Staff had conversed with the Montana Association Counties as well as the Montana Association of Planners and both were supportive of the amendments. He stated the extension approval would be based on the merits of the proposal and would be reviewed on a case to case basis. Assistant Director Saunders stated the subdivision for rent or lease language would be modified to allow creation of exemptions from the requirements of subdivision review if land interests weren't being sold or transferred. He stated zoning review would be faster than subdivision review and specific criteria would be included in the ordinance. He stated appropriate zoning review could allow an exemption from the subdivision review statutory requirement. He stated the Subdivision Exemption process had been modified to allow boundary realignment or aggregation of lots without a limitation to the number as long as a public right of way or outer boundary of the original subdivision was not being crossed. He stated it would make it easier to reconfigure a property to the current need of the landowner. He stated provisions would be included to disallow abuse of the subdivision exemption process in general. He added clarifications and cross references would also be included. Assistant Director Saunders stated Staff was proposing modifications to the manufactured home community review procedures as well as recreational vehicle parks which would be a continuation of sections affected by the changes for subdivision by rent or lease. Assistant Director Saunders stated the provisions for extensions to and installation of sidewalks had also been addressed to allow longer terms and establish extension request criteria for evaluation. He stated the project had been publicly noticed and Staff was supportive of the amendments and found them to be in keeping with the review criteria as set forth in the UDO. He stated no public comment had been received. Attorney Cooper stated the draft ordinance had been shared with a number of groups and individuals and he had also provided comments that were mostly grammatical or language Page 2 of 4 City of Bozeman Planning Board Minutes of June 7,2011. changes. He stated he wanted to make one suggested change in Section 18.06.040.1), regarding the subdivision application approval period; it would be important to include review criteria A-F but he did not think item G was a review criteria so thought it should be located in the body of the language instead. President Sypinski asked Attorney Cooper's thoughts on whether or not the amendments would legally be on solid ground. Attorney Cooper responded that there were limits on self governing powers as they were bound by state statutes pertinent to Planning and Zoning while the proposed edits were specific to Subdivision; he stated the guidelines could not be more stringent and would be in fact more flexible. He added subdivisions were intended to be a matter of local control. Mr. Graf asked how the two year extension had been decided upon. Assistant Director Saunders responded three years was the maximum allowable approval time from the City Commission and rather than saying up to one day less than three years they chose two years; it was also the maximum allowable time for extensions under the past practice. Mr. Graf asked if a financial guarantee would still be allowed. Assistant Director Saunders responded financial guarantee would still be allowed and would be addressed with the Final Plat requirements. The amendment was only for preliminary plats. Attorney Cooper added that the Final Plat requirements and approval had not been modified; the improvements would need to be installed or financially guaranteed. He noted that State Statute indicated in-lieu increments could be broken down throughout the phases of the development and there would be options for the developer. Mr. Garberg asked if the amendments would only affect 1St minor subdivisions. Assistant Director Saunders responded Mr. Garberg was correct, though State Statute allowed delegation of approval for other types of minor subdivisions. President Sypinski opened the item for public comment. Seeing none forthcoming, the public comment period was closed. MOTION: Mr. Garberg moved, Mr. Krauss seconded, to forward a recommendation of approval to the City Commission for U.D.O Edits ZCA#Z-11021 A with Staff findings as outlined in the Staff Report. AMENDED MOTION: Mr. Garberg moved, Mr. Quinn seconded, to amend the proposed text to include delegation of approval authority to the Planning Director for all minor subdivisions. The amendment carried 6-0. Those voting aye being President Sypinski, Ms. Leone, Mr. Garberg, Mr. Quinn, Mr. Krauss, and Mr. Graf. Those voting nay being none. AMENDED MOTION: Mr. Garberg moved, Ms. Leone seconded, to amend Section 18.06.040.1), as City Attorney Cooper had suggested, to relocate review criteria G to the body of the language instead of within the review criteria. The amendment carried 6-0. Those voting aye being President Sypinski, Ms. Leone, Mr. Garberg, Mr. Quinn, Mr. Krauss, and Mr. Graf. Those voting nay being none. FINAL MOTION: Mr. Garberg moved, Ms. Leone seconded, to forward a recommendation of approval to the City Commission for U.D.O Edits ZCA#Z-11021A with Staff findings as outlined Page 3 of 4 City of Bozeman Planning Board Minutes of June 7,2011. in the Staff Report and amended by the Planning Board. The motion carried 6-0. Those voting aye being President Sypinski, Ms. Leone, Mr. Garberg, Mr. Quinn, Mr. Krauss, and Mr. Graf Those voting nay being none. ITEM 5. NEW BUSINESS No items were forthcoming. ITEM 6. ADJOURNMENT Seeing there was no further business before the Planning Board, President Sypinski adjourned the meeting at 7:48 p.m. Ed Sypinski, President Chris Saunders, Assistant Planning Director Planning Board Planning & Community Development City of Bozeman City of Bozeman Page 4 of 4 City of Bozeman Planning Board Minutes of June 7,2011.