JUNE 25, 2015 BUTTE-SILVER BOW PLANNING BOARD COUNCIL CHAMBERS BUTTE, MONTANA MINUTES

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1 JUNE 25, 2015 BUTTE-SILVER BOW PLANNING BOARD COUNCIL CHAMBERS BUTTE, MONTANA Members Present: Absent: Staff: Janet Lindh, Dan Foley, Rick LaBreche, Marc Murphy, Mike Kerns and John Taras Michael Marcum, Jeremy Salle and Josh O Neil Lori Casey, Acting Planning Director Steve Hess, Senior Planner Roxie Larson, Secretary MINUTES I. Call to Order - The meeting was called to order at 5:30 P.M. II. III. IV. Roll Call of Board Members Having a majority of the Planning Board members in attendance a quorum was established. Approval of Minutes Mr. Foley made a motion to approve the minutes of the March 26, 2015 Planning Board meeting. Mr. Taras seconded the motion. The voice vote in favor of the motion was unanimous. Public Hearing/Board Action A. Zone Change Application No. 172 An application by Harrington s Floor Coverings, Inc., c/o TJ Harrington, property owners, requesting an amendment to the official Butte-Silver Bow Zoning District Map. The application requests approval of a change to the Official Butte-Silver Bow Zoning District Map of the zoning classification for an area of land currently zoned R-1 (Single Family Residence) to C-2 (Community Commercial). The area of land consists of 2.58 acres, more or less, and is legally described as Remainder 2, Certificate of Survey 796-B, of Section 19, Township 3 North, Range 8 West, of the P.M.M. of the City and County of Butte-Silver Bow, State of Montana. The area is commonly located north of Olympia Street, south of the Butte Town Center and west of the 1300 Block of Harrison Avenue. Mr. Hess gave a staff report which is made a part of these minutes. Mr. TJ Harrington stated I represent Harrington Floor Covering the owner. We have owned the land for several years and there has never been an interest in residential. We also own a parcel that is already commercial. When they did the Growth Policy I was under the assumption it was changed to commercial zoning. So when I wanted to pull a building permit on it they told me it was residential. The parcel behind Albertsons is all commercial. This is a remainder tract of that 4.12 acres. I don t know what the plans are whether we will sell it, build on it, subdivide it, I guess all options are open depending on market conditions. Whatever we do we will certainly be a good neighbor and go by any codes or regulations that we have to. I would be happy to answer any questions.

2 Ms. Lindh stated I would just like to follow up on your interest in constructing a warehouse there, do you have some particulars? Mr. Harrington stated when I came in a couple of months ago that was the thought was to build a warehouse. Plans have kind of changed since this is going to be a long process. So I don t really have any concrete plans as to what we are going to do with this. I have made other arrangements for a warehouse. We have had some inquiries about it. This property will probably get developed sooner than the land behind Albertsons. I don t ever see residential there. I don t think it is a spot that would work well with single family dwellings. Mr. Rick LaBreche questioned how is the soil, has the soil been tested? Mr. Harrington stated the soil behind Albertsons has contaminants in it based on the map. Obviously if we do get something there it all goes to the respository and there is a partnership with the city that new soil comes in. As far as on the south side of the stream as far as I know that part is not contaminated. When that trail went through there the city got an easement from us for their improvements. They put a little park down on the triangular portion there and the walking path goes through there. I think it is kind of a desirable little spot if you get the right person to buy it. Mr. LaBreche stated just to calm my fears is if we start building next to that creek are we going to be disturbing that soil and getting into the creek and causing more problems? Mr. Sesso stated we can cover this before or after the public hearing but if the Zone Change goes through it is just not zoned commercial, then when any development emerges it then has to follow all of the development standards for the C-2 zone. Landscaping, the sidewalks and in particular anything having to do with storm water controls during the construction and then after. They will have to build some type of storm water retention system on site depending on the amount of square footage that they turn into an impervious surface. So all of the development standards will apply once we see a site plan for the development of the property and that is dictated in large part by what they decide to put there. If they put a big building then the requirements are going to be higher. If they do something a little bit smaller then the requirements will be lower. Whoever develops it, a buyer from the current owner or whatever they will have to follow all of the current and the development standards for C-2 at the time the site plan is presented to us. There will be proper precautions. There are only going to be able to build so close to Silver Bow Creek storm drain there. There will have to be a buffer because they can t be too close to a water way, etc. All the development standards will apply once the Zone Change is effective. Mr. LaBreche questioned and the developer will be responsible for all of it? Mr. Sesso stated absolutely. Ms. Lindh made the 1 st call for proponents. Mr. Dave Boggess stated I live at 1301 Casey St. and my concern is about the creek and the wells. I am for the development. 2

3 Mr. Brendon McDonough stated I am the Commissioner of District #8 and I have had a couple or residents that are concerned. They are not concerned about the development but they just want to see curb and gutter, sidewalks and storm water and some kind of a plan. Ms. Lindh made the third and final call for proponents. There being none, Ms. Lindh made the first call for opponents, second call for opponents and then third call for opponents. Mr. Hess stated I did receive a call from Ben and Karen Bouley who live at 1530 Warren and they weren t necessarily against it but wanted to know what kind of commercial development would go onto that property before they could support it. Ms. Lindh closed the public hearing. Mr. LaBreche questioned is this area qualified for any of the funds of the Redevelopment Trust or that kind of stuff? Is it out of range? Mr. Sesso stated given its proximity as was mentioned the answer is yes. The proximity of this particular lot to the creek and the potential that they may be some remnants of metals that drifted in the ground water that contaminated the soil. Again this is not the subject of the zone change tonight. It is more the subject of the site plan and the proposed use once the zone change would take place. Let s just say for the sake of conversation that the zone change goes through and it is approved by the Governing Body and it is now commercially zoned. Then the owners either on their or sell the property to another owner and they come through and they want to put for example a little mini mall there. Just kind of an extension of three or four shops with some parking. The good news is that the parking lot and the impermeable surface and the foundation really becomes a cap for that property so there will no longer be penetration of storm water into the ground that could get contaminated. When they come and present their site plan the first thing they will have to do is get an excavation and dirt moving permit. That requires them to dig and determine whether there is any mine waste present and if there is mine waste present then they would make application to us as one of those small or large projects that we approved the other night for support so that any contaminated soils that are unearthed in the excavation process are properly disposed of at the repository and then there is a source of clean fill to back fill around the foundations when they are done. There is probably going to be a little bit more precaution on the north side of the property behind the buildings because of the proximity to the metro storm drain and the Silver Bow creek there. So all that will be part of an accruded site plan. To the extent there is contamination and to the extent that the Redevelopment Trust Authority passes a procedure where in this case a commercial facility would get 50% of their costs or more depending on what you do. 50% of their costs at a minimum would get covered. Yes they would be eligible. From our best information that we have available this area has never been sample. To the extent that what we know right now there are no contaminated soils on the south side of Silver Bow Creek. We know for sure that on the north side of Silver Bow Creek behind the City mall that there are contaminated soils present. So when the owner would go to mark and sell that property for some use the owner will have to take the necessary precautions under the excavation permit process, dispose of those soils and would be eligible to apply for funds under the Redevelopment Trust Authority. 3

4 Mr. Harrington stated I will abide by all the Butte Silver Bow rules and regulations. Mr. Foley made a motion to approve Zone Application #172 with the 14 conditions as stated in the staff report. Mr. Taras seconded the motion. The voice vote in favor of the motion was unanimous. V. Other Business: The first is with respect to the Transportation Plan. The RFQ to select a contractor for the conduct of our 10 year update on the Butte Silver Bow Transportation Plan. It closes on Monday and we expect to get several submittals from qualified firms. Then we are going to go through a process of screening them and interviewing and selecting one. Then we would embark on our Transportation Plan. At that point once we start the Transportation Plan there will be a great deal of interaction with the Planning Board. You kind of lead the effort if you will. There will be presentations before you and a whole bunch of extra information. For now it has been our practice that a member of the Planning Board sits with us in the selection process and is our lead person on the Transportation Plan to the extent possible. Participates in as many of the scoping meetings and the public meetings that we have. The staff would ask the Chair to either call for a volunteer or designate somebody who might be interested in donating their time and efforts to that endeavor. Ms. Lindh questioned is this something that we should decide tonight? Mr. Sesso stated yes please. We don t know if we will have a July meeting or not. We don t have any current agenda items. We will have to get going on some activities. Ms. Lindh questioned are there any Planning Board members that would be interested in filling in? Mr. Marc Murphy stated I will do it. Mr. Sesso thanked Mr. Murphy. Mr. Sesso stated the second thing is we just wanted to report that the Council of Commissioners has moved the Zone Change on the Mobile Home Ordinance to second reading. There were several questions and a very spirited debate over the last month over some of the provisions. We did make a commitment particularly Commissioner McDonough who may wish to further encourage us to take additional steps with respect to the changes that we made. There appears to be support for getting this through the process to make sure that nothing older than 1994 is going to be allowed anywhere in town except in trailer courts. Older mobile homes can be allowed to move from one lot to another within a trailer court or be moved to a different trailer court in town. We were very clear last evening that it will no longer be allowed that somebody can bring in an older mobile home from out of town in to town. That is no longer allowed. The only thing is we have some row to hoe on trailer courts. There are 5 or 6 or 7 very well developed ones and they are currently permitted and in good standing. The fact of the matter is that trailer courts are permitted by the State of Montana with concurrence by the local government. So there is some fairly new and difficult criteria now that you have to fulfill to be a new trailer court. The old ones are all grandfathered and some of the old ones who 4

5 probably think that they are currently permitted and in good standing maybe aren t. Some that think they are going to get permitted and new are probably not going to because they are not going to meet the current standards. So we made a commitment to the Commission that while we start to implement the new ordinance relative to having newer mobile homes in our community that we would do some more research on the business of trailer courts and try to block any loop holes that have been used in the past to create trailer courts really outside the four corners of the current regulations and pretty much notify the current owners if they are not in good standing and haven t taken care of business that they have got to get there otherwise they will not be allowed to operate as a trailer court which means that they will have to meet the 1994 or newer standard. So we have made progress. VI. Adjournment There being no further the meeting was adjourned. BY: Janet Lindh, Chairman Butte-Silver Bow Planning Board ATTEST: Jon Sesso, Secretary Butte-Silver Bow Planning Board 5