[MissoulaGov] Fw: committee update 2-11-09

[John Torma]

----- Forwarded Message ----
From: John Torma <johntorma at yahoo.com>
To: Kathleen Snodgrass <kippie_snodgrass at hotmail.com>
Sent: Friday, February 13, 2009 12:11:10 AM
Subject: Re: [MissoulaGov] committee update 2-11-09


I have a hard time seeing Accessory Dwelling Units as the destroyer of neighborhood character.  If that were the case, there wouldn't exist in Missoula a neighborhood whose character hasn't been destroyed; for ADU's (zoning regs or no) are ubiquitous.  They exist throughout my neighborhood -- the University area -- and are one of the characteristics of my neighborhood that make it such a desirable place to live.  The property values in this neighborhood certainly don't attest to destruction of neighborhood character by ADU's.  What is key here is not whether ADU's exist, but how they are integrated into the fabric of the neighborhood.  And that is the same for all neighborhoods throughout the city.  If something is bad for my neighborhood, it is probably bad for your neighborhood too.  If I think something can successfully be woven into the fabric of your neighborhood, it can probably be successfully woven into the fabric of my neighborhood too.

I agree that change can be challenging and difficult.  But, as they say, the only thing that is constant is change.  It will either happen to us or with us.  I believe that the Missouola community is creative and foreward thinking enough that we can work through the rigors of our changing world (our changing demographics), allow each other opportunities to share our neighborhoods, and come out more healthy as a community for it.

John Torma





________________________________
From: Kathleen Snodgrass <kippie_snodgrass at hotmail.com>
To: bjaffe at ci.missoula.mt.us; missoulagov at cmslists.com
Sent: Thursday, February 12, 2009 10:35:26 PM
Subject: Re: [MissoulaGov] committee update 2-11-09

Not so sure just exactly where in the "Y" area the high nitrates are, but nitrates do come from other things than septic systems...like cattle feedlots or even pasture land that is heavily utilized.  Not that I'm saying they shouldn't have sewer instead of septic systems out there in the clay, but it IS possible that the nitrates in the drinking water are comming from cows instead of humans, depending on location.  Does that make it any yummier? 

Also, is there any chance that the City's new zoning regs could allow accessory dwelling units in some neighborhoods and not others?  The Heart of Missoula, Northside, Westside, the slant streets, the area north of Brooks between Russell and Reserve, Hellgate Meadows, and the area around the Mall north of Brooks are neighborhoods where accessory dwelling units would be perfectly compatible with the neighborhoods.  On the other hand, ADUs would destroy the existing neighborhood character in other areas such as much of the Lewis & Clark neighborhood, Mansion heights, etc.  You can't blame people for not wanting the character of their neighborhoods to change, and in my opinion, there's enough space in Missoula that we should be able to keep the neighborhood variations that make such a wonderful city mosaic.  Isn't there any way to allow for location in this???


Kathie Snodgrass 
kippie_snodgrass at hotmail.com 
2702 O'Shaughnessy Street 
Missoula, MT 59808 
406-541-8639



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Date: Wed, 11 Feb 2009 23:03:43 -0700
From: BJaffe at ci.missoula.mt.us
To: missoulagov at cmslists.com
Subject: [MissoulaGov] committee update 2-11-09


Greetings,
This morning we had Jim Carlson step in for Ellen Lehey for the health department update.  We mostly talked about the sewer/septic situation in the Wye area where 93 crosses the interstate.  Due to the nature of the soils and the hydrology the health department will not permit any more septic (or private sewer) systems up there.  There is a current project to run sewer to the area that has been in the works for years.  They are having problems with exceeding the maximum levels for nitrates.  The only source of nitrates in the water is from neighboring septic systems.  The effluent from a septic system contains 50ppm of nitrates. They are seeing wells that are real close to 10ppm. So that means that the source of 20% of the water in some of the wells is from neighboring septic systems.
Yum.
We also talked about the move of partnership health care from the health department building on Alder to the creamery building on Railroad.  The Red Cross will remain in the first floor of the building for a few years until their lease is up.  The PHC admin and dental clinic will move to the second floor this summer after some remodeling.  Jim was not aware of any plans on what will happen with the space being vacated in the Alder street building.
 
In PAZ we had our first session on the Chickesaw subdivision. This one promised to be a be a thorny one.  It is in the Orchard Homes area and borders the properties of two of the neighborhood’s most outspoken organizers. The property was recently farmed by Clark Fork Organics. The Ag preservation community had called for half of the ten acres to be preserved. The subdivision to the north was platted with a provision for a through street to be connected if this parcel ever developed. So the neighbors there who have been living on a dead end are now faced with the possibility for their road to be a connection between third and seventh. The developer had offered to preserve 1.3 acres for farmland in the NE corner. Staff was supportive of the Ag preservation arguments made by CFAC and recommended preserving a three acre parcel in the SE corner where the best soils are located. The staff recommendation would have made the subdivision layout impossible so
 they included a provision that said the developer could redesign it to recoup up to the total of 30 lots.  Planning board denied the subdivision 6-3. 
 
But instead of a big fight the developer came in with two new layouts that they hoped could meet the goals of Ag preservation and the neighbors.  One option had the three acres of Ag along the east edge where the better soils are and had the road connection to the north.  The other option had the Ag along the north portion of the property on the less desirable soils and precluding the possibility of the through road.  The first option clearly was closer to meeting the desires of staff, CFAC, and council as it saved the better soils and created the connectivity. But plan B preserved the land next to the neighbors and saved their dead end. 
So we will dig into the merits of the proposals next week and try to get it settled.
 
We also had a visit from our zoning rewrite consultant who gave us a presentation on the substantive changes to the code.  The issue everyone is most eager to spill blood over is the Accessory Dwelling Unit chapter. For most of us the ADU represents the preservation of the true character of our community, the best opportunity for affordable housing, and a way to assure diversity in our neighborhoods. But other folks don’t see it that way. Mr. Wilkins suggested that allowing ADU’s would lead to the destruction of his “pristine” neighborhood. 
The consultants, tasked with writing a code for the 21st century, originally suggested that ADU’s should be permitted by right throughout the city.  But after staff’s recommendation to avoid the contentious issue they made it a zoning overlay that could be applied to a neighborhood or parcel through a zoning change.
 
Our action today was to refer the document to the planning board to review. So this starts the formal process of public review of the draft that has been developed over the last year. Jon Wilkins, Dick, and Renee voted against sending it to planning board for public review.  Ms. Helligard and Mr. Hendrickson were absent.  The vote was very significant for me. I interpret the votes against sending the document to planning board for public review as an indication that regardless of what is or isn’t in the document these members intend to obstruct its progress. 
It is no secret that the majority have goals that are in conflict with those in the minority. We are faced with the dilemma of what concessions to make in order to obtain consensus. Was this vote an indication that concessions are in vain? Should we compromise what we believe to be in the best interest of the city to obtain a consensus when in the end they are still likely to vote against it?  Why should the minority be driving the outcome of the process?  This is subject to change but at the moment I lean towards pressing for our objectives and letting the elections that come a few months after the adoption of the code be the communities confirmation of support or rejection for our line of thinking. I am open to hearing some arguments to the value of consensus building.
 
In other business we tangled over an apparent problem in our rules that Ross Best pointed out where we do business in committees without a quorum as long as we note it in the report. A strict reading would suggest that no quorum means no business. But then there is the real world where there are timelines and public who have taken time off of work to come testify and the need to move forward. Also keeping in mind that the committees only make recommendations to council.  We didn’t settle the matter and will have to take it up again.
 
Thanks for your interest,  
 
 Bob Jaffe
Missoula City Council, Ward 3
bjaffe at ci.missoula.mt.us
406-728-1052
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