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HomeMy WebLinkAbout07-31-12 Zoning Commission Minutes ZONING COMMISSION MINUTES TUESDAY,JULY 31, 2012 ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Garberg called the meeting to order at 6:00 p.m. and ordered the Recording Secretary to take attendance. Members Present: Randy Wall, Vice Chairperson Trever McSpadden David Peck Erik Garberg, Chairperson Nathan Minnick City Commission Liaison: Members Absent: Staff Present: Tim McHarg, Planning Director Chris Saunders, Assistant Planning Director Tara Hastie, Recording Secretary Guests Present: 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 Garberg closed this portion of the meeting. ITEM 3. MINUTES OF JULY 17, 2012 MOTION: Mr. McSpadden moved, Vice Chairperson Wall seconded, to approve the minutes of July 17, 2012 as presented. The motion carried 4-0. Those voting aye being Chairperson Garberg, Mr. McSpadden, Mr. Minnick, and Vice Chairperson Wall. Those voting nay being none. ITEM 4. PROJECT REVIEW 1. Municipal Code Amendment Application#Z-12064—(Draft Ordinances 1827 and 1828) A Zone Code Amendment requested by the applicant City of Bozeman, P.O. Box 1230, Bozeman, MT 59771 to amend the Bozeman Municipal Code to revise the provisions Pagel of 4 Zoning Commission Minutes—July 31,2012 establishing the Board of Adjustment and its operations to enable the City Commission to place it on hiatus and to consolidate references to review authorities throughout Chapter 38, Unified Development Code, and expand administrative approval authority. (Saunders) Assistant Planning Director Chris Saunders presented the Staff Report noting the proposal was a little odd as there were two ordinances being reviewed under the same application number at the advice of the City Attorney and to keep relevant documentation in a single location. He stated the changes were largely driven by City Commission directives on policy. He stated the ordinances and Staff Report would be available online until the City Commission hearing action. He stated it would likely be scheduled for August 20, 2012 City Commission hearing and had been tentatively scheduled as such. Assistant Director Saunders noted that the first actions in Ordinance 1827 had been proposed to simply relocate the text for the convenience of the reading public. He stated the second action in Ordinance 1827 had been proposed as the State of Montana requires the City of Bozeman to have a Board of Adjustment, but the City Commission could be the Board of Adjustment themselves and exercise those responsibilities. He stated each time a change was executed, it took several months and a lot of Staff time; the code would now include a process that would allow the activation or inactivation of the Board of Adjustment and would include a public hearing instead of a code amendment each time. He noted the City Commission could choose to delegate some or all types of projects at such a time they decided to activate the Board. Assistant Director Saunders stated Staff had proposed to group all the approval authorities within a single location so something didn't get missed. He added the approval authorities would also be specified. He noted that the City Commission had retained certain review authority as required but there were some things that could be passed off to other approval authorities. He stated the exact scope of the review authority would vary from time to time and there had been a proposed expansion of the administrative review authority. He noted some of the items that would be included in the administrative review authority amendments. He stated that Staff proposed that a City property project not claiming any kind of an exemption could be administratively reviewed. He stated the demolition of properties within the Neighborhood Conservation Overlay, if they met code criteria, had also been proposed for administrative review authority. Assistant Director Saunders stated well over 100 sections would be amended to remove the specific name of the review authority and would instead refer to the new section relocating the text that describes the advisory bodies and approval authorities. He stated any administrative decision by any Staff member could be appealed but if the person knew of the proposal, had time to comment, and did not do so the provision would prevent new information from being presented; an amendment intended to make the process more fair. He stated Staff was asking for two motions because there were two different ordinances involved and would provide a more clean recommendation. Mr. Minnick asked for clarification regarding the delegation of the Board of Adjustment duties. Page 2 of 4 Zoning Commission Minutes—July 31,2012 Assistant Director Saunders responded that the City had to have a Board of Adjustment, but the City Commission could choose to handle those duties themselves. Chairperson Garberg asked how the Board of Adjustment hiatus would work. Assistant Director Saunders responded that the City Commission would review and appoint applicants under their current process for appointing members of boards. Mr. Peck joined the Zoning Commission. Chairperson Garberg called for public comment. Seeing none forthcoming, the public comment period was closed. MOTION: Mr. McSpadden moved, Mr. Minnick seconded, that having heard and considered public comment, to hereby adopt the findings presented in the staff report and to recommend approval of the text amendments to Chapter 2 and Chapter 38 of the Bozeman Municipal Code as included in the draft Ordinance 1827 as requested in application Z-12064. Mr. Minnick stated he found the proposal to be in keeping with the review criteria as set forth in the ordinance. The motion carried 5-0. Those voting aye being Chairperson Garberg, Mr. McSpadden, Mr. Minnick, Mr. Peck, and Vice Chairperson Wall. Those voting nay being none. MOTION: Mr. Minnick moved, Vice Chairperson Wall seconded, that having heard and considered public comment, to hereby adopt the findings presented in the staff report and to recommend approval of the text amendments to Chapter 38 as included in the draft Ordinance 1828 as requested in application Z-12064. Mr. Minnick stated he found the proposal to be in keeping with the review criteria as set forth in the ordinance. The motion carried 5-0. Those voting aye being Chairperson Garberg, Mr. McSpadden, Mr. Minnick, Mr. Peck, and Vice Chairperson Wall. Those voting nay being none. ITEM 5. NEW BUSINESS Planning Director McHarg noted there would be a Zoning Commission meeting on August 7, 2012. Mr. Minnick announced that he would be resigning from the Zoning Commission after seven years of service due to his work schedule and that he did not think he could devote the necessary time to meetings. The Zoning Commission expressed appreciation for his service. ITEM 6. ADJOURNMENT AND CALL TO ORDER OF JOINT MEETING Page 3 of 4 Zoning Commission Minutes—July 31,2012 The Zoning Commission meeting was adjourned at 6:22 p.m. Erik Garberg, Chairperson Tim McHarg, Planning Director Zoning Commission Dept. of Planning & Community Development City of Bozeman City of Bozeman Page 4 of 4 Zoning Commission Minutes—July 31,2012