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HomeMy WebLinkAbout11-15-16 Joint PB & ZC Minutes for Approval City Planning Board and Zoning Commission Tuesday, November 15, 2016 6:00 PM City Commission Chamber – 121 N. Rouse Avenue Present were: Zoning Commission Erik Garberg, Chair Jordan Zignego Dan Stevenson Julien Morice Chris Mehl, Commissioner Liaison Planning Board Paul Neubauer, Chair Jordan Zignego Jerry Pape, Jr. Chris Mehl Brianne Dugan 06:00:51 PM (00:04:04) Call meeting to order. 06:00:56 PM (00:04:09) Changes to the Agenda. No changes were made to the agenda. 06:01:02 PM (00:04:15) Approve Meeting Minutes from Joint Zoning Commission/Planning Board Meetings – 5/3/16, 6/14/16, 7/19/16, 9/6/16, 10/4/16 It was moved by Dan Stevenson, seconded by Julien Morice, that the minutes of the joint Zoning Commission/Planning Board meetings be approved as submitted. The motion carried unanimously. 06:01:36 PM (00:04:49) Public Comment. No comment was received under this agenda item. Action Items 16380 Stopka Zone Map Amendment (Zoning Commission only) Zone Map Amendment to rezone four existing lots and adjacent rights-of-way totaling 0.742 acres from R-2, residential two-household medium density district to R-3, residential medium density district as allowed by Article 38.37 of the Bozeman Municipal Code. (WerBell) 06:02:39 PM (00:05:52) Mitch WerBell stated this item was continued from last meeting due to lack of a quorum. The proposal is to rezone four existing lots and adjacent rights-of-way in the Oak Springs Subdivision from R-2 to R-3. The owner had requested permission to develop three townhouse units; that is not allowed under the current zoning. Lot 4 is currently split zoned and contains a townhouse unit. Lots 1 through 3 are currently vacant. Staff found that this application meets all of the criteria contained in State statute. Two public comments were received, one of which was question and then a follow-up comment in opposition. The Development Review Committee reviewed this request and found no issues. Staff is forwarding a recommendation of approval of the application. 06:09:36 PM (00:12:49) Julien Morice asked if this is the type of development that was planned for this area. 06:09:47 PM (00:13:00) Mitch WerBell responded that it appears so. He found that the zoning was initially R-3A zoning and was subsequently changed to R-2. Quite a few of the lots in the area are now split zoned. 06:10:27 PM (00:13:40) Dan Stevenson noted the staff presentation showed two attached townhouses could be constructed under the current zoning and asked what the density increase would be under the proposed zoning. 06:10:45 PM (00:13:58) Mitch WerBell responded that it would simply allow the addition of a third townhouse unit. He confirmed that the minimum densities for R-1 through R-3 zoning are five units per net acre; and this zone change would not change that density. The existing lots do not meet the standards for a detached house; rather, they allow only townhome construction. 06:13:09 PM (00:16:22) The applicant was given an opportunity to address the board but chose not to do so. 06:13:31 PM (00:16:44) Janice Parker, 1192 Penn Avenue, expressed concern that the R-3 zoning allows a roof height significantly higher than the R-2 zoning, which would look out of place in the neighborhood and would impact her view of the Bridgers. Also, the increased density could result in smaller dwelling units, which could negatively impact the values of other properties in the area. 06:16:03 PM (00:19:16) Erik Garberg asked if an apartment building could be constructed on this site if the lots were aggregated. 06:16:20 PM (00:19:33) Mitch WerBell responded it would be extremely difficult to do so given the small site size, coverage requirements and parking restrictions. He addressed the height differences for the R-2 and R-3 zones, noting there is a maximum six foot difference but that would require an extremely steep roof pitch. He stated these lots were platted for townhome development; and R-3 zoning has been in place in this immediate area since annexation. 06:17:55 PM (00:21:08) Marty Matson stated appraisal rules do not allow the use of attached home values in determining values of detached homes. 06:19:52 PM (00:23:05) Sarah Mackey, applicant, stated this is a very tight site with coverage restrictions and setbacks from three streets; and the proposed buildings will not be any taller than any other buildings on the block. 06:20:38 PM (00:23:51) It was moved by Julien Morice that, having reviewed and considered the staff report, application materials, public comment and all information presented, the Zoning Commission hereby adopts the findings presented in the staff report for Application No. 16380 and recommend approval of the Stopka Zone Map Amendment with contingencies required to complete the application process. 06:21:09 PM (00:24:22) The motion was seconded by Jordan Zignego. 06:21:16 PM (00:24:29) Julien Morice stated he feels the site constraints will restrict the development of these lots. 06:22:20 PM (00:25:33) Dan Stevenson stated he is sensitive to the fact that zoning changes can affect the character of the neighborhood; however, in this case it is a situation where development was laid over zoning and he views this is an administrative change. 06:23:16 PM (00:26:29) Erik Garberg stated that he is comfortable with the application. 06:23:35 PM (00:26:48) The motion carried on a unanimous vote. 16404 Billion Auto Plaza Zone Map Amendment (Zoning Commission only) Zone Map Amendment to rezone eight existing lots totaling approximately 21 acres and adjacent rights-of-way from BP Business Park to B-2 Community Commercial district as allowed by Article 38.37 of the Bozeman Municipal Code. (Owens) 06:24:05 PM (00:27:18) Erik Garberg announced this item has been continued to December 6. Ordinance No. 1962 – B-2M/R-5 Sign Code (This hyperlink applies to items 2-5) An ordinance amending Article 28, signs, to add B-2M and R-5 to Sec. 38.28.060. (Rice) 06:26:01 PM (00:29:14) Mayana Rice presented the staff report. She stated the City is undertaking a comprehensive revision to the zone code; however, this and the next three items need to be acted on immediately rather than waiting for the comprehensive process. Mayana Rice stated that when the R-5 and B2M zoning designations were created, they were not added to certain sections of the zone code; and this ordinance remedies that oversight. She stated this application was reviewed in light of the eleven criteria contained in State statute, and staff’s findings are contained in the staff report. As a result of that review, staff is forwarding a recommendation for approval. Also, the Development Review Committee has reviewed this application and forwards its recommendation for approval. 06:31:03 PM (00:34:16) The public hearing was opened. No public comment was received. The public hearing was closed. 06:31:28 PM (00:34:41) It was moved by Dan Stevenson that having reviewed and considered the staff report, application materials, public comment and all information presented, the Zoning Commission and Planning Board hereby adopt the findings presented in the staff report. 06:31:54 PM (00:35:07) The motion was seconded Jordan Zignego. 06:32:02 PM (00:35:15) The motion carried unanimously. Ordinance No. 1963 – Adding Group Living as an allowable use in the R-5 District. An ordinance amending Article 22 Standards for Specific Uses to allow Group Living as an allowable use in the R-5 Zoning District. (Rice) 06:32:42 PM (00:35:55) Mayana Rice presented the staff report. She stated group living is for eight or fewer people and applies where no other type of housing can meet that standard. Under this application, group homes would be added to the R-5 zoning district. She stated this application was reviewed in light of the eleven criteria contained in State statute, and staff’s findings are contained in the staff report. As a result of that review, staff is forwarding a recommendation for approval. Also, the Development Review Committee has reviewed this application and forwards its recommendation for approval. 06:35:47 PM (00:39:00) Paul Neubauer asked about where this is happening in the community. 06:36:10 PM (00:39:23) Mayana Rice responded that a sorority or fraternity or a religious facility or youth shelter, or other situation where people live in a cooperative situation would be considered a group living situation. She stated she is now aware of any such living situations at this time. 06:36:58 PM (00:40:11) The public hearing was opened. No public comment was received. The public hearing was closed. 06:37:18 PM (00:40:31) It was moved by Paul Neubauer that, having reviewed and considered the staff report, application materials, public comment and all information presented, the Zoning Commission and Planning Board hereby adopt the findings presented in the staff report. 06:37:57 PM (00:41:10) The motion was seconded Julien Morice. 06:38:05 PM (00:41:18) The motion carried unanimously. Ordinance No. 1964 – Restricting Apartments to the second and subsequent floors in the B-1 District. An ordinance amending Table 38.10.020, Commercial Uses, apartments and apartment buildings in the B-1 Zoning District allowed only on the second or subsequent floors. (Rice) 06:38:19 PM (00:41:32) Mayana Rice presented the staff report. She stated this is a simple correction to the table of uses, which conflicts with the written provisions in the code. She noted the table allows residential uses on the ground floor in the B-1 zone, while the written portion requires that residential uses be on the second and subsequent floors in a commercial zoning designation. She stated this application was reviewed in light of the eleven criteria contained in State statute, and staff’s findings are contained in the staff report. As a result of that review, staff is forwarding a recommendation for approval. Also, the Development Review Committee has reviewed this application and forwards its recommendation for approval. 06:43:27 PM (00:46:40) Dan Stevenson asked the status of the application made for the residential building. 06:43:35 PM (00:46:48) Mayana Rice responded that it has been approved, and this amendment will not affect it. 06:43:55 PM (00:47:08) Erik Garberg noted that under the site plan application, the applicant has two years to do the project. If it is not done in that period of time, this code revision would impact it. 06:44:30 PM (00:47:43) Paul Neubauer asked how many residential houses are in B-1 are currently renting first floor apartments and whether those units would be grandfathered in under this zone code amendment. 06:45:30 PM (00:48:43) Mayana Rice responded they would be. She stated in a building completely built, the unit would remain a legal non-conforming use. If the building were completely vacant or rebuilt in that location, then commercial would be required on the ground floor. 06:47:07 PM (00:50:20) Paul Neubauer voiced his reservations about the impacts this amendment might have on private property; however, he feels the flexibility allowed under grandfathering is adequate to address his concerns. 06:47:39 PM (00:50:52) Jerry Pape voiced his concern about an applicant taking advantage of an oversight in the zone code. He is also concerned about the code identifying residential as a secondary use in a commercial zone, particularly if a building is several stories tall with residential from the second floor up. He asked that this issue be carefully considered as this application moves forward. 06:50:10 PM (00:53:23) The public hearing was opened. 06:50:17 PM (00:53:30) Heather Davis, Intrinsik Architecture, 111 North Tracy Avenue, stated B-1 is a vital zoning for the city. As proposed, to only allow residential on second or subsequent floor is an inflexible standard. If this is applied to all B-1, it will be limiting and potentially stop viable mixed use in neighborhoods. She suggested it should be amended to allow residential in a mixed use development, noting that integration of residential and commercial uses and transition areas are important. Possible alternatives to the proposed language include residential uses shall not exceed 50 percent of ground floor; require ground floor commercial uses on certain street frontages, like collectors or arterials; allow for future convertibility from residential to commercial uses on the ground floor when the market supports it; allow residential on upper or ground floors when they do not use storefront space; allow residential uses to be subordinate to commercial; or allow residential on first floor with a conditional use permit. She noted that while the language is simple, it is important to provide flexibility on the ground floor development. 06:55:21 PM (00:58:34) The public hearing was closed. 06:55:32 PM (00:58:45) Jerry Pape noted that these ordinances are designed to address items that were overlooked as zone code amendments were done. He cautioned, however, that where buildings have four or five floors of residential use above a ground floor of commercial uses, residential may not be a secondary use. He feels language needs to be revised to reflect this change. He cautioned that putting residential uses adjacent to commercial uses in a building is not very successful and is very hard to sell. He argued one cannot mandate that residential is secondary to commercial if there are multiple stories of residential. 06:58:10 PM (01:01:23) Julien Morice noted there are a lot of these nodes and a lot of them are vacant. As a result, anything we can do to allow someone to build on the site is important. The more people there are around commercial nodes, the better; and flexibility within the B-1 guidelines to allow creative thinking is a good thing. 07:00:33 PM (01:03:46) Erik Garberg noted that in the B2M there is a requirement to build ceiling heights to nine feet. 07:01:08 PM (01:04:21) Mayana Rice stated this was brought as a correction to the code not as a policy change. If the boards do not wish to forward this change as presented, the motion would be to not recommend approval of the zone code amendment to the Commission. 07:02:36 PM (01:05:49) Chris Mehl suggested that this amendment could be made to preclude other potential residential projects from being approved in the B-1 zone, with broader policy consideration to follow in the comprehensive revision process. 07:04:04 PM (01:07:17) Erik Garberg voiced his preference for voting on the motion as recommended by staff, recognizing that if it fails, it sends a clear message to the Commission. 07:04:38 PM (01:07:51) Jerry Pape asked if there is any application in the pipeline now that triggers the need for this amendment or if it is a reaction to the previous application. Mayana Rice responded that there are no applications at this time. She confirmed that the previous application was received and approved under the current code provisions and cautioned that if other applications are submitted, they will also be considered under the existing provisions. 07:05:13 PM (01:08:26) Jerry Pape cautioned that, while he doesn’t like voting for the amendment, he feels it is important to protect the existing B-1 zoned areas. 07:05:32 PM (01:08:45) Paul Neubauer stated commercial nodes on the west side of town are important to preventing sprawl. He would like to see it open and flexible and incentivizing development of these nodes. He feels this is an important concept that needs additional consideration. 07:06:42 PM (01:09:55) Dan Stevenson noted that tonight’s action is to stop the bleeding, but it is important to come back and address the additional issues. 07:08:23 PM (01:11:36) Erik Garberg stated he recognizes the importance of stopping the bleeding, but he cannot support the amendment. 07:09:11 PM (01:12:24) It was moved by Dan Stevenson that, having reviewed and considered the staff report, application materials, public comment and all information presented, the Zoning Commission and Planning Board hereby adopt the findings presented in the staff report. 07:09:24 PM (01:12:37) The motion was seconded. 07:09:35 PM (01:12:48) Paul Neubauer stated he does not believe the B-1 zoned properties are a loss if they remain undeveloped for twenty years; however, allowing them to be developed would be a loss. 07:10:27 PM (01:13:40) Chris Mehl stated that since the UDC rewrite is underway, he supports approval of this amendment to preclude other applications being favorably considered under the current code. 07:11:24 PM (01:14:37) Julien Morice stated he is more inclined to vote in opposition because these boards are making a recommendation to the Commission and making it clearer that these boards are concerned. 07:13:19 PM (01:16:32) The Zoning Commission motion failed on a 2-2 vote with Zignego and Stevenson voting Aye and Morice and Garberg voting Nay. The Planning Board recommended approval on a 4-1 vote with Pape, Zignego, Mehl and Dugan voting Aye and Neubauer voting Nay. Ordinance No. 1965 – Adding Parks as an allowable use in multiple zoning districts. An ordinance amending section 38.09.020, 38.10.020, 38. 22.020, and 38.12.020, Parks as an allowed use in each of these zoning districts. (Rice) 07:15:35 PM (01:18:48) Mayana Rice stated this was brought to attention through review of an application and is simply a correction to the code. The code provides greater flexibility in zoning and greater mix of uses. Parkland is required for all residential use; however, parks are not allowed in all zoning districts. The goal of this amendment is to allow parks in all of the zones that allow residential uses. She stated this application was reviewed in light of the eleven criteria contained in State statute, and staff’s findings are contained in the staff report. As a result of that review, staff is forwarding a recommendation for approval. Also, the Development Review Committee has reviewed this application and forwards its recommendation for approval. 07:18:15 PM (01:21:28) Responding to questions from Brianne Dugan, Mayana Rice stated that in commercially zoned areas where residential development is allowed, parkland dedication is required for the residential development, but there would be no place to locate it. This triggers a requirement for cash-in-lieu payment. She noted that the City’s preference is for parkland rather than a cash-in-lieu payment. 07:21:38 PM (01:24:51) Jerry Pape stated his concern is requiring parkland dedication from a development that is very close to an existing park. 07:22:23 PM (01:25:36) Mayana Rice noted all alternatives in lieu of parkland dedication are available under this amendment. 07:22:55 PM (01:26:08) The public hearing was opened. No public comment was received. The public hearing was closed. 07:23:20 PM (01:26:33) It was moved by Paul Neubauer that, having reviewed and considered the staff report, application materials, public comment and all information presented, the Zoning Commission and Planning Board hereby adopt the findings presented in the staff report. 07:23:49 PM (01:27:02) The motion was seconded. 07:24:01 PM (01:27:14) The motion carried unanimously. Water Part 1 UDC Text Amendment (2D) UDC revision 2D includes text clean-up and small amendments to Sections 38.26.070 and 38.41.080 of the BMC regarding irrigation system efficiency and site plan submittal requirements. Applicable in all City-owned rights-of-way, parks, subdivisions and development city-wide. (Owens) 07:25:19 PM (01:28:32) Rebecca Owens presented the staff report. She stated this is part of a comprehensive ordinance and text amendments. This is within several water related provisions and is designed to provide some clarity. Two articles are being updated under this amendment. The first change applies to public parks and rights-of-way, and the second change applies to site plan submittals. She stated this application was reviewed in light of the zoning criteria and in light of the subdivision regulations, and staff’s findings are contained in the staff report. As a result of that review, staff is forwarding a recommendation for approval. 07:33:11 PM (01:36:24) Paul Neubauer asked if well water will be allowed for irrigation. 07:33:56 PM (01:37:09) Rebecca Owens responded that the use of well water is not prohibited but it is not required under this amendment. She then noted that the use of treated water is preferred so that the groundwater supplies are not depleted. 07:34:23 PM (01:37:36) Responding to questions from Paul Neubauer, Rebecca Owens stated that the issue of not irrigating the public rights-of-way is not a part of this amendment but will be considered in the future amendments. Paul Neubauer stated he is an advocate of not requiring irrigation in public rights-of-way. 07:35:58 PM (01:39:11) Responding to Brianne Dugan, Rebecca Owens stated there is no Wetlands Review Board at this time, but it is important to ensure review of those areas during review of development applications. 07:39:06 PM (01:42:19) The public hearing was opened. No public comment was received. The public hearing was closed. 07:39:25 PM (01:42:38) It was moved by Julien Morice that, having reviewed and considered the staff report, application materials, public comment and all information presented, the Zoning Commission and Planning Board hereby adopt the findings presented in the staff report. 07:39:53 PM (01:43:06) The motion was seconded. 07:39:58 PM (01:43:11) The motion carried unanimously. FYI/Discussion. No comment was received under this agenda item. Adjournment – 7:40 p.m. Erik Garberg adjourned the meeting.