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HomeMy WebLinkAboutF.1 PB memo Draft Plan 08-10-2020 TO: BOZEMAN PLANNING BOARD FROM: TOM ROGERS, SENIOR PLANNER CHRIS SAUNDERS, PLANNING MANAGER RE: COMMUNITY PLAN REVIEW DATE: AUGUST 10, 2020 On July 21, 2020 the Bozeman Planning Board held a public hearing and recommended that the Bozeman City Commission adopt the July 21, 2020 Bozeman Community Plan draft, as modified. The Board continued the public hearing to July 28, 2020 to hear additional public comment and specifically from the Bozeman Development Consortium (BDC). During the July 28, 2020 hearing the Planning Board heard from the BDC and other members of the public. The public hearing was continued to August 10, 2020. The purpose of the August 10, 2020 hearing to:  consider suggested motions from the BDC,  re-consider and act on public comments received for the July 28 hearing, and  consider any additional public comment received after the July 28th hearing. Part one is to continue deliberating comments and motions prepared by the BDC. The presentation from the BDC is complete. Board ended the hearing prior to making motions on proposed motions presented by the BDC. Part two is to consider other public comments including comments discussed during the July 28th meeting. Staff provides remarks on these two comments for the Boards consideration. Staff comments on public comment: Generally. The growth policy and associated future land use map is required by state law to be periodically reviewed to determine whether it still meets community needs. There is no such review required of zoning standards or maps. The existing zoning map is a reflection of hundreds of individual decisions made since 1934 when zoning was first adopted. As noted below in individual comments, some of the areas have for decades had a conflict between the applied zoning district and associated uses and those uses which exist on the property. State zoning criteria requires the zoning map to be consistent with the growth policy. Therefore, if there is a conflict between the two the Zoning Map should be amended to resolve the conflict. It has been the general practice of the City to support such corrections when initiated by the landowner but not for the City to initiate such amendments. 1. INTRINSIC FLUM request dated July 21, 2020 Area A – The current future land use designation for this area is “Residential”. The properties are zoned B-3. The proposed FLU is “Urban Neighborhood.” The area was proposed to be re-zoned from C to B-3 during the 1963 zone map update. The zoning was changed by 1970. Prior to that the area had a zoning classification of Residential “C”; the residential intensity scale went from AA to D, D being most intensive. Although Staff did not complete a full review of future land use designations on the property, it appears that the zoning designation was changed and the underlying FLU was not modified. The use of the area has remained residential (detached single-household) for more than the City record dating back to 1941. The FLUM indicates the most appropriate use of land over the next 50 years. The length of time where the existing use has continued contrary to the zoning may suggest the zoning classification is not appropriate for the area more than the FLU designation. Without hearing from these property owners it is unclear whether or not the change suggested by Intrinsik is supported. With further outreach direct communication with the property owners could be initiated. If the Board does not to vote to modify the FLUM this would not change any entitlements implied through the current zoning designation. In other word, the zoning prevails. If the City Commission adopts the Growth Policy implementation plan as drafted and dedicates resources to modify the zone map, this area could revert to a high density residential zone after the public process which would be consistent with the existing uses and enable future development. Image: Future Land Use designation with current zoning Image: Future Land Use designation 1963 Bozeman Community Plan Area B – Similar to the discussion for area A. The current and proposed FLU conflicts with the existing zoning designation. The land use has been and remains residential after being rezoned in 1970. Although any entitlements grated with zoning would not be affected by modification of the FLU, one of the proposed implementation items is to harmonize the zoning map with the underlying FLU designation. A related question is how to correlate the existing development with future planned development and zoning. This block (Block L on the map above) is directly east of the Block M development which are constructed as townhomes. Considerably more density is allowed by right that what was constructed on this site which is all single detached homes. If the Board does not to vote to modify the FLUM this would not change any entitlements implied through the current zoning designation. There is one application within this area which is in early review. That application has been incomplete and on hold pending further revisions for a year. If the City Commission adopts the Growth Policy implementation plan as drafted and dedicates resources to modify the zone map, this area would revert to a high density residential zone after the public process. Image: Future Land Use designation with current zoning Area C – Action taken during the July 28, 2020 hearing. Addressed. Area D – Proposed FLUM clean up. Noted. 2. Weston Fricke request dated July 22, 2020. A request to reclassify a split block situation bounded by Grand Avenue on east, 3rd Avenue to the west, Beal Street to the north, ad Lamme Street on the south. Currently the block is bifurcated by two FLU designations and split zoning; R-4 on the west side and B-3 to the east. The proposed FLUM mimics this condition. This block hosts a mix of land uses and structure types from single household detached residential, two story office building, multi-household buildings, and an apartment building (sever of which were recently demolished). A redevelopment of the entire block adjacent to Lamme Street was approved but not executed a few years ago. The split zoning designation was created with the 1970 zone map amendment. Mid-block FLU and zoning designations are not uncommon in the City of Bozeman. Due to a number of factors, primarily existing land uses predispose a property to a particular FLU and zoning classification. Community Development generally supports having FLU and zoning designation boundaries on streets, alleys, or similar physical separation although each site is considered on its particular set of characteristics. A variety of design considerations apply to mid-block situations to minimize impacts between different zones. These include setbacks, height limits, zone edge transitions, parking and drive access separations standards to name a few. The subject properties are not within any special improvement district, economic development areas, tax increment finance districts, or historic districts. The properties are within the Neighborhood Conservation Overlay District. The structures on the southern half of this block were demolished this year due to neglect and safety issues. Without hearing from these property owners it is unclear whether or not the suggested change is supported. With further outreach direct communication with the property owners could be initiated. Should the Planning Board wish respond to this suggestion, Staff suggests designating the entire block as Traditional Core as there is no alley to use as a mid-block divider. Image: Future Land Use designation with current zoning, block highlighted in red. Attached: Bozeman Community Plan July 21, 2020 draft (LINKED) Bozeman Development Consortium comment dated July 28, 2020 Intrinsik comment dated July 28, 2020 W. Fricke comment