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HomeMy WebLinkAboutStory Mansion Land Use Options commission memo, 01-09 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Epple, Planning Director Chris Kukulski, City Manager SUBJECT: Story Mansion Land Use Options MEETING DATE: January 26, 2009 BACKGROUND: This report describes the existing land use and zoning conditions on the Story Mansion property. The report goes on to describe various land use and zoning options which exist for the property, in the context of various Commission policy discussions which have occurred over the past three to four years. The intent of the report is to gain direction from the Commission on which of several zoning and subdivision options staff should pursue at this time, given the fact that firm financial decisions have recently been made regarding improvements to the property. RECOMMENDATION: That the City Commission consider the attached report and provide staff with direction on how to proceed with regard to various land use options for the Story Mansion property. FISCAL EFFECTS: Fiscal impacts are undetermined at this time ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, _________________________________ _________________________________ Andrew Epple, Director of Planning Chris Kukulski, City Manager Attachments: Staff Report Report compiled: January 22, 2009 44 planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Street address: Alfred M. Stiff Professional Building 20 East Olive Street Mailing address: P.O. Box 1230 Bozeman, Montana 59771-1230 Phone: (406) 582-2260 Fax: (406) 582-2263 E-mail: aepple@bozeman.net World wide web: www.bozeman.net REPORT ON STORY MANSION LAND USE OPTIONS Andy Epple, Director of Planning and Community Development January 21, 2009 Introduction: This report describes the existing land use and zoning conditions that exist on the Story Mansion property. The report goes on to describe various land use and zoning options which exist for the property, in the context of various Commission policy discussions which have occurred over the past three to four years. The intent of the report is to gain direction from the Commission on which of several zoning and subdivision options staff should pursue at this time, given the fact that firm financial decisions have recently been made regarding improvements to the property. Land Use Classification: The Story Mansion property, consisting of the mansion itself, the carriage house, and all of Block 3 of the Butte Addition to the City of Bozeman, currently lies in an area depicted as “Residential” in the Bozeman 2020 Community Plan. The property continues to be classified as Residential in the updated draft Bozeman Community Plan (currently in public review). Section 3.4 of the draft Community Plan describes, in part, the Residential Land Use Classification as follows: “Residential. This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools.” Zoning Designation: Zoning Districts which may occur under the Residential Land Use Classification, per Table C-16 of the draft Bozeman Community Plan, are: R-S, Residential Suburban; R-1 Residential Single-household; R-2 Residential Two-household, Medium Density; R-3, Residential Medium Density; R-4 High Density; R-Office; RMH Residential Manufacture Home Community; and PLI Public Lands and Institutions. Zoning for this property, and for several blocks surrounding the property in all directions, has for decades been R-1 Residential Single-household, Low Density Zoning District. The Intent and Purpose of the R-1, Residential Single-household, Low Density district, from Section 18.16.010 BMC is: “…to provide for primarily single-household residential development and related uses within the City at urban densities, and to provide for such community facilities and services as will serve the area’s residents while respecting the residential character and quality of the area.” A copy of Table 16-1 of the UDO, depicting allowed Principle, Conditional, and Accessory uses in residential districts, is attached as Exhibit A for your reference. Principle uses allowed in the R-1 45 Page 2 District (relevant to past Story Mansion policy discussions) include: Single-household dwelling; Public and private parks; Townhouses (two attached units); Manufactured homes on permanent foundations; Family day care home; and Group day care homes. Conditional uses allowed in the R-1 district include: Accessory dwelling units; Community Centers; Community Residential facilities; Day care centers; and Uses approved as part of a PUD per Chapter 18.36 BMC. [Please Note this last Conditional Use listing: “Uses approved as part of a PUD.” Staff has previously opined that a Bed and breakfast use, where the owners of the property live on the premises and operate the B&B, could be considered for the Story Mansion property under R-1 zoning through the application of a Planned Unit Development.] Accessory uses allowed in the R-1 district include: Private garages; Greenhouses; and Tool sheds for storage of domestic supplies. Historic Lawful Non-Conforming Use: While originally built as a Single-household, the mansion property served for many years as the home of the Sigma Alpha Epsilon fraternity. Under R-1 zoning district regulations, the use of the property as a fraternity house was a “lawful non-conforming use” per Chapter 18.60 BMC. With cessation of the use of the property as a fraternity house, the status of the non-conforming use of the property has been lost. Subsequent uses of the property “…shall be in conformity with the provisions of this title [the UDO].” At present, for the Story Mansion property, conformity with the UDO means compliance with uses allowed under the R-1 zoning district regulations generally described above.. Potential Uses: Since acquiring the Story Mansion property, a number of groups and individuals have come forward with suggestions / offers for the use of premises. Some of the suggested uses could be allowed as principle uses in the R-1 district without any need for amending the Community Plan or Zoning Ordinance. Others could be permitted as conditional uses under the existing Residential classification and R-1 zoning designation. Still others would require at least re-zoning, and possibly an amendment of the Community Plan in order to be permitted. The following list presents uses which have been contemplated for the Story Mansion property, and what regulatory processes would need to be applied in order for the use to commence. USE: Designated Parkland – remaining in public ownership, with outdoor areas managed for active recreation / social gatherings, and interior building spaces managed for recreation programs or to rent for social gatherings / special events. PROCESS: Allowed as Principle Use under the R-1 zoning designation; no special permitting needed; no amendments to growth policy or Community Plan needed. Subject to minor Site Plan review for parking and circulation, pedestrian safety, fire access, etc. A “Park Master Plan” should be developed in the same manner as those which have been developed for most other City parks, in conjunction with the Site Plan review process. USE: Single household residence – with transfer to private ownership. PROCESS: Allowed as principle use, no special permitting or hearings required. USE: Community Center (church, school, non-profit educational center, boys and girls club, etc.) – in public or private ownership, with the property partially or entirely dedicated to the use. This use would include an MSU Humanities Center, in staff’s opinion. PROCESS: Allowed through Conditional Use Permit review process in the R-1 district. 46 Page 3 USE: Non-profit corporate offices – with property ownership retained by the public, or with ownership transferred to private sector. PROCESS: Not allowed under R-1 zoning. Would first need re-zoning to R-O and then go through appropriate Site Plan review. Under the residential land use classification in the Community Plan, not more than 50% of total floor space could be devoted to office uses. USE: Private professional offices (law, architecture, medical) – with transfer of property to private ownership. PROCESS: Not allowed under R-1 zoning. Would first need re-zoning to R-O. Then, under the residential land use classification in the Community Plan, a PUD would be needed to relax regulatory standards to allow more than 50% of total floor space to be devoted to non-residential uses. Or, in the alternative, an amendment to the Community Plan land use designation, from Residential to Business Park, could then be followed by rezoning to R-O. Private office use could then commence without needing to utilize a PUD. But both of these processes are complex, time consuming, and uncertain in terms of outcome. USE: Private professional offices (law, architecture, medical) – leased space, with property ownership retained by the City. PROCESS: Not allowed under R-1 zoning. Would first need re-zoning to R-O and then go through appropriate Site Plan review. Under the residential land use classification in the Community Plan, not more than 50% of total floor space could be devoted to office uses. Zoning Alternatives: The Commission has also discussed the possibility of rezoning all or part of the Story Mansion property from R-1 to PLI, Public Lands and Institutions. The expressed reason for considering this option has been to afford a higher level of protection for the property as publicly owned land, which could not easily be reverted to private purposes by a future Commission. As noted above, the zoning on this property, with its Residential land use classification, could be changed to PLI without amending the Community Plan. Exhibit B (attached) depicts authorized uses in the PLI district, Per Section 18.22.030 BMC. Principle uses in the PLI district include: Publicly owned land used for parks, playgrounds and open space; Public and nonprofit, quasi- public institutions; Publicly owned community centers; and Museums, zoos, historic and cultural facilities and exhibits. , Conditional uses in the PLI zoning district include: Day care centers and Solid waste landfill and transfer facilities. Subdivision Option: In conjunction with the zoning and land use options that have been discussed regarding the Story Mansion property, the Commission has also directed staff to explore the possibility of subdividing the block into two tracts, one with the buildings on it, perhaps retaining the R-1 zoning designation, and the second, L-shaped tract becoming PLI (see Exhibit C, attached). Subdividing the block in this manner would keep open the possibility of selling off the tract with the mansion and carriage house, while retaining public ownership of the balance of the block for use and maintenance as a park. Resulting uses of the two tracts would be as described above for R-1 and PLI zoning districts. Or the subdivision could occur as suggested, with both tracts remaining R-1, or both tracts changing to PLI. Again, allowed uses would be per district regulations as described above. 47 Page 4 Staff has a proposal from Rocky Mountain Engineers to split the lot as depicted on Exhibit C, and is seeking confirmation from the Commission at this time to proceed with this task. Conclusion: Many land use options have been discussed by the Commission and members of the public over the past several years regarding the Story Mansion property. Now that construction work is underway on the interior of the Mansion itself, it is an appropriate time to finalize which of multiple directions the Commission wishes to proceed in terms of zoning and subdivision of the property. Please contact Andy Epple, Director of Planning and Community Development, should you have any questions or need any additional information. Attachments: Exhibits A, B, and C as noted 48 EXHIBIT A 49 50 EXHIBIT B 51 52