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HomeMy WebLinkAbout09-03-19 Zoning Commission Minutes (Draft) Zoning Commission Tuesday, September 3rd, 2019 at 6:00 PM City Hall, Commission Chamber – 121 N. Rouse Avenue A. 06:05:53 PM (00:00:06) Call Meeting to Order & Roll Call Present were: • Christopher Scott (Acting Chair) • Nichole Olmstead • Mark Genito • Paul Spitler • Deputy Mayor Chris Mehl (Commission Liaison) • Chris Saunders (Staff Representative) B. 06:06:16 PM (00:00:29) Changes to the Agenda There will be a change in order of Action Items due to applicants not present. C. Approve Meeting Minutes • 8.20.19 Minutes PDF o 8.20.19 Video Link 06:06:36 PM (00:00:49) MOTION: to approve the meeting minutes from August 20, 2019: Mark Genito 06:06:39 PM (00:00:52) MOTION SECOND: Nichole Olmstead 06:06:46 PM (00:00:59) VOTE: All in favor – Motion Carried Unanimously, 4-0. D. 06:06:51 PM (00:01:04) Disclosures-(None) E. 06:06:57 PM (00:01:10) Public Comment – Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please limit your comments to three minutes. (None) F. Action Items 1. 06:07:42 PM (00:01:55) Bozeman Medical Arts Center Parking Lot Zone Map Amendment (#19258) (Saunders) Zone map amendment from R-4 (Residential High Density) to B-3 (Downtown Business District). The property is 0.70 acres, located at the southwest corner of the intersection of N. Willson Avenue and E. Villard Street. • 19258 Staff Report • 19258 Application Materials • 19258 Public Comment to Date (8.27.19) 06:09:18 PM (00:03:31) Community Development Manager Chris Saunders provided an overview of the proposed zoning change of .7 acres from R-4 zoning to B-3 zoning. Mr. Saunders explained that this request is only a zoning change request and not authorizing any change of use of the property. Mr. Saunders said that the City received many public comments in opposition including some formal protests. The formal protests, by State law, do not affect the decision of the Zoning Commission, but it does affect the decision by the City Commission. The City Commission will hold their hearing on this proposal on September 16, 2019. 06:20:04 PM (00:14:17) Mr. Spitler asked for clarification on why this property was shown under the growth policy map as community core, but not under the zoning map. Mr. Saunders explained that the landowner did not initiate a zoning request until now and it is the responsibility of the landowner to request these changes. 06:24:09 PM (00:18:22) Mr. Saunders was asked to explain the uses that are allowed under R-4 zoning versus B-3 zoning. Mr. Saunders also explained that this land is the required parking for the Bozeman Medical Arts Center. If the purpose of this property were not parking, other parking for the Bozeman Medical Arts Center would be required. 06:35:27 PM (00:29:40) Ms. Olmstead requested more explanation from Mr. Saunders about the Community Core on the growth policy map. 06:39:49 PM (00:34:02) Mr. Saunders talked about what the city can do to ease the transition between zones. 06:42:29 PM (00:36:42) Mr. Saunders clarified that the zoning change requested did met the standards set by state law. Mr. Saunders also explained that the Downtown Plan did support this zoning change. 06:50:16 PM (00:44:29) Landowner, Medical Arts Building LLC, representative Allan McCormick, from Garlington, Lohn, Robinson law firm gave a introduction stating that the requested zoning change is more of an housekeeping request to have all of the landowner’s property in this area in under one zone. Laura Landon from Comma-Q Architecture described that the landowner felt that having different zoning on their property devalued the property. There are long-term leases associated with the Medical Arts Building, so there is no immediate plans for development of the parcel. Ms. Landon described the inconsistency in the Growth Plan, Downtown Plan and the current zoning of the parcel. Landowner representative, Cordell Pool, Civil Engineer, Stahly Engineering, reiterated that the parking lot zoning is not consistent with the Growth Plan and this zoning change is appropriate for this parcel. 07:04:08 PM (00:58:21) Questions for the applicant team were answered concerning why an architectural firm was hired for this application and what the major reason for the request for the zoning change was. 07:11:31 PM (01:05:44) Mr. Saunders addressed questions about transitions between B-3 to R-4. 07:15:28 PM (01:09:41) Public Comment: 07:16:08 PM (01:10:21) Scott Loresch, (716 S. 20th Ave). Mr. Loresch works for the firm Kasting, Kauffman & Mersen, PPC, and represents a number of tenants in the Medical Arts Building. Mr. Loresch commented on the splitting of zoning of the property should not affect value of the land. Mr. Loresch also expressed concern about use of this parcel other than for parking. He recommended a change of the Growth Plan to match the historical use of this property or defer the zoning decision to determine why the original zoning was R-4. 07:20:09 PM (01:14:22) Holly Fretwell (320 N. Grand). Ms. Fretwell has submitted a formal protest against this zoning change. Ms. Fretwell spoke about property rights for both the landowner and neighbors and expressed her disapproval of this zoning change. 07:25:06 PM (01:19:19) Jane Jelinski (433 N. Tracy). Ms. Jelinski opposes the proposed zoning change. She expressed concern about the lack of notification of residences outside of the 150 ft. distance from the project and expressed concerns that the rush to change this zoning would lead to changes to the neighborhood character. 07:28:00 PM (01:22:13) Christy Stillwell (402 N 5th). Ms. Stillwell opposes the proposed zoning change as she feels that it is out of compliance with Montana zoning guideline 2C of the zoning code stating that zoning should be promoting compatible urban growth. She recommended keeping the parcel as R-4 parking as it would be a good transition between the downtown area and the existing R-4 residences. 07:30:00 PM (01:24:13) Larry Barnard (439 N. Grand). Opposes the proposed zoning change as he feels that it does not meet the Montana zoning code 1B for security and safety of the neighborhood. He also expressed concerns about the parking congestion that will occur if this parcel is no longer available for parking. 07:32:49 PM (01:27:02) Jennifer Wilshire (address unknown) has a practice in the Medical Arts Building. Opposes the proposed zoning change, as she does not feel that Item C, on the Montana Zoning code (Public health, safety and general welfare), is not met. Ms. Wilshire expressed concern about parking for the Medical Arts Building and their special needs of the patients. She also questioned why the request for zoning change at this time. 07:34:23 PM (01:28:36) Linda Semones (44 S. Church). Ms. Semones expressed her opposition to the proposed zoning change. Her concerns were around the standards set in the recent NCOD and especially in the transition areas between the core business area and residential areas. 07:36:39 PM (01:30:52) Nett Piccirillo (415 N. Grand). Ms. Piccirillo express her opposition to the proposed zoning change and subsequent building. Her concerns were about increased traffic on the narrow streets, the condition of the streets, and the older utilities servicing the neighborhood. 07:40:10 PM (01:34:23) Karen Filipovich (426 N. Grand). Ms. Filipovich expressed her opposition to the proposed zoning change. Her concern was with the Montana code of reasonable provision of adequate light and air. She stated that the 70 ft. building height allowed in B-3 zoning would have impact on the neighboring houses on the north and west especially in the wintertime and causing icy conditions on the streets and sidewalks. 07:42:35 PM (01:36:48) Tim Tripp (402 N. 5th). Mr. Tripp expressed his opposition to the proposed zoning change at this time. His concern was about the state code 2B concerning secure safety from fire and other dangers. He expressed how congested the area is now. He talked about what might happen after 2025 with the parking lot and the potential of a building on that parcel. 07:45:19 PM (01:39:32) Tanya Brekke (address unknown). Ms. Brekke is a renter in the Medical Arts Building. She expressed concerns about the potential loss of parking for the Medical Arts Building in the future. 07:46:24 PM (01:40:37) Dr. Hegyes, MD (address unknown). Dr. Hegyes is a medical doctor in the Medical Art Building. He described a number of the patients that utilize the Medical Arts Building are disabled and require easy parking access to the building. He expressed that he is opposed to the zoning change at this time and it should wait until 2025 to consider this zoning change. 07:47:31 PM (01:41:44) Mike Herring (313 N. Grand). Mr. Herring expressed his opposition to the proposed zoning change. He felt that the zoning change would lead to future development that would change his neighborhood forever. 07:48:21 PM (01:42:34) Applicant representative Allan McCormick responded to the public comments about the timing of the application to change the zoning on a parcel of land. He stated that this request is an act to unify zoning for all adjacent parcels of land under the same ownership. 07:52:01 PM (01:46:14) Mr. Saunders responded to questions from Deputy Mayor Mehl regarding the subjects of parking and the possible uses and set-backs in R-4 and B-3. Mr. Saunders clarified the difference between public comments and official protests from landowners within a certain distance from the affected property. 07:56:07 PM (01:50:20) MOTION: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19-258 and move to recommend approval of the Bozeman Medical Arts Center Parking Lot Zone Map Amendment, with contingencies required to complete the application processing: Paul Spitler 07:56:51 PM (01:51:04) MOTION SECOND: Nichole Olmstead 07:56:56 PM (01:51:09) Discussion: Commission members discussed their thoughts concerning this proposed zoning amendment. 08:06:54 PM (02:01:07) VOTE: 3 votes for, 1 vote against-Motion passed. Application will have a public meeting in front of the City Commissioners on September 16, 2019. 2. 08:07:28 PM (02:01:41) Floweree Family LLC Zone Map Amendment (#19279) (Saunders) Amendment of the City Zoning Map from BP Business Park District to B-2 Community Business District on 18.24 acres and adjacent highway right-of-way. The subject property is located along the north side of Huffine Lane (MT Highway 191) and south side of Fallon Street approximately 625 feet west of S. Cottonwood Road. • 19279 Staff Report • 19279 Application Materials 08:08:03 PM (02:02:16) Mr. Saunders gave a summary of the proposed zoning amendment and the staff findings. There were no public comments on this proposed amendment. 08:12:16 PM (02:06:29) Mr. Saunders responded to questions from the commissioners that this amendment was in line with the Growth Policy map and the creek on the property will come under the same wetlands protection under the proposed zone B-2. 08:15:52 PM (02:10:05) Applicant representative Chris Wasia, Genesis Engineering, Bozeman, gave a summary of the history of the zoning of this land. He also gave reasoning why the landowner chose B-2 zoning. 08:18:49 PM (02:13:02) Public Comment: None 08:19:17 PM (02:13:30) MOTION: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19-279 and move to recommend approval of the Floweree Family LLC Zone Map Amendment, with contingencies required to complete the application processing: Nichole Olmstead 08:19:44 PM (02:13:57) MOTION SECOND: Mark Genito 08:19:46 PM (02:13:59) Discussion: Commissioners discussed that this zoning amendment is in line with the Growth Policy and fits the surrounding area. 08:21:16 PM (02:15:29) VOTE: All in favor – Motion Carried Unanimously, 4-0-Motion passed. City Commission will hear this zoning amendment proposal on September 23, 2019. G. 08:21:33 PM (02:15:46) FYI/Discussion 1. Other Updates o Deputy Mayor Mehl questioned Mr. Saunders about UDC updates and then they will happen. The updates will happen October 1, 2019 and they will be actual changes to the standards and text, but not the map. This will be a bi-annual occurrence. H. 08:22:58 PM (02:17:11) Adjournment For more information, please contact Tom Rogers at TRogers@bozeman.net. This board generally meets the first and third Tuesday of the month at 6:00pm Zoning Commission meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301).