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HomeMy WebLinkAbout102009 Zoning Commission Minutes.doc ZONING COMMISSION MINUTES TUESDAY, OCTOBER 20, 2009 ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Pro Tem Minnick called the meeting to order at 8:45 p.m. and ordered the Recording Secretary to take attendance. Members Present: Nathan Minnick Peter Harned Ed Sypinski Nick Lieb City Commission Liaison Sean Becker Members Absent: JP Pomnichowski Staff Present: Chris Saunders, Assistant Planning Director Tara Hastie, Recording Secretary Guests Present: Russell Davis ITEM 2. PUBLIC COMMENT (0-15 MINUTES) {Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.} Seeing there was no public comment forthcoming, Chairperson Pro Tem Minnick closed this portion of the meeting. ITEM 3. MINUTES OF SEPTEMBER 15, 2009 MOTION: Mr. Sypinski moved, Mr. Harned seconded, to approve the minutes of September 15, 2009 as presented. The motion carried 4-0. Those voting aye being Chairperson Pro Tem Minnick, Mr. Sypinski, Mr. Harned, and Mr. Lieb. Those voting nay being none. ITEM 4. Zone Map Amendment Application #Z-09186 – (Baxter Creek/Flowerree ZMA) A Zone Map Amendment requested by the owner and applicant, Flowerree Family, LLC, requesting to allow a change in urban zoning designation from B-P (Business Park District) to B-2 (Community Business District) on 18.23 acres for property generally located north of Highway 191, ~1,000 feet west of Cottonwood Road and legally described as Portion of SE ¼, SE ¼, Sec. 9, and US 191, COS 1005, Sec. 9 and a portion of US Highway 191 right of way, T2S, R5E, PMM, Gallatin County, Montana. (Krueger) Assistant Planning Director Chris Saunders presented the Staff Report on behalf of Associate Planner Brian Krueger noting the application was to amend the city’s zoning map on 18.25 acres from B-P to B-2. He noted the location of the proposal and that the property was subject to sizable constraints due to wetlands and underlying wetland standards would exist regardless of the zoning district. He noted there was a temporary limitation on the existing sewer capacity and would be addressed in the cities long range utility plans; he noted there was an advisement to the applicant regarding the capacity. He stated many of the contingencies were standard and had to do with the completion of the project. He stated the City had reviewed the 12 criteria established for ZMA’s and had found the application to be in compliance with those criteria. He noted Staff was supportive of the proposal as presented and no public comment had been received for the proposal. Mr. Lieb noted that he was concerned he may have a conflict of interest as one of his employees was related to the applicant. Assistant Director Saunders responded that the conflict would not bar his from participating unless he would personally benefit. Erik Nelson, applicant, stated the applicant had felt strongly about increasing the density on the site as the current zoning designation was land consumptive. He noted the Growth Policy had indicated that an increased density would be a better option for the community. Mr. Lieb asked if the B-2 zoning was part of the Bozeman Community Plan. Mr. Nelson responded he had requested a change in Growth Policy Designation to change the zoning to B-2 with a Growth Policy designation of B-P; he noted the land was currently designated as Community Commercial Mixed Use. Mr. Sypinski stated there seemed to be a sort of conflict as the property was located within the Entryway Corridor and there was a transformation between County agricultural land and City land. He asked the intent of the developer with regard to types of development on the site. Mr. Nelson responded a lighter duty zoning type like B-P would provide a buffer with the County; he thought if a hard edge was created and density encouraged on those edges, the encouragement of density would be a more positive thing for the community. Chairperson Pro Tem Minnick opened the public comment portion of the meeting. Seeing none forthcoming, the public comment portion of the meeting was closed. Mr. Lieb asked if B-P allowed an auto plaza. Assistant Director Saunders responded an auto plaza would not be allowed under the B-P zoning and the Billion property growth policy designation had been changed to Community Commercial. He stated the proposal would be consistent with the recently adopted Growth Policy. Mr. Harned stated he had reviewed the 12 criteria and he had found his hands to be tied in a sense as in Bozeman his least favorite development area was along 19th Avenue and he worried the site would become just another 19th Avenue and he was supportive of lower density in the area. He stated he did not like B-P zoning and he did not think it worked well in that location. He stated the Growth Policy leaned toward a slightly less dense zoning for the area, but he did not think residential zoning was slated for the area so the B-2 would be appropriate. He stated he thought Huffine Lane should likely be business, but he was concerned with all the business zoning in the area; he suggested there should be more residential development in the area. He stated he was supportive of the proposal as presented. Mr. Lieb asked if Mr. Delaney’s property was currently zoned B-2. Assistant Director Saunders responded Mr. Delaney’s property was currently zoned B-P. Mr. Lieb stated he concurred with Staff’s recommendations and was supportive of the proposal. Mr. Sypinski stated he shared some of the concerns that Mr. Harned had raised. He stated the land pattern established with the B-2 did not seem consistent for the site, but he was kind of conflicted that review criteria #1 had not been met but concluded that it ultimately did conform to the Community Plan. He stated that he was concerned with infrastructure issues that were occurring on the site and how well the watercourses were being protected with all the development taking place in that location. MOTION: Mr. Sypinski moved, Mr. Harned seconded, to forward a recommendation of approval to the City Commission for Zone Map Amendment Application #Z-09186 with Staff conditions. The motion carried 4-0. Those voting aye being Chairperson Pro Tem Minnick, Mr. Sypinski, Mr. Harned, and Mr. Lieb. Those voting nay being none. ITEM 5. City Initiated UDO Text Amendments ZCA #Z-09151 (Saunders) 1. A Zone Code Amendment Application to amend various sections relating to zoning in Title 18, Unified Development Ordinance, BMC, as requested by the applicant the City of Bozeman, PO Box 1230, Bozeman MT 59771. The changes would be applicable throughout the City in the districts and procedures as is specified in the text of the existing regulations. Assistant Planning Director Chris Saunders presented the Staff Report noting the amendment application had been partly in response to recent changes in State law and partly in response to a variety of local issues that had come forward with the development review process. He stated he had attempted to organize the amendments into logical sets and Staff was expecting the item to be continued to the next meeting of the ZC. He stated the first edits related to the overall structure of the ordinance and had modified the 12 review criteria; he added they had not been substantially modified, but the language had been altered. He stated an Urban Mixed Use District had been added previously and would be inserted into the appropriate section; he explained the section setting the highest standard would be applied and the amendment was to provide for clarification. Assistant Director Saunders explained the miscellaneous items proposed for amendments including language to provide for gates, exemptions from dedication of parkland and alternatives for means of compliance, revision of park development standards, revision to the floodplain compliance procedures, and fill requirement for development in floodplain to allow means of elevation other than fill. Assistant Director Saunders directed the Zoning Commission members to proposed amendments to signage regulations including the review of signage within Entryway Corridors, clarification of the application, updating the compliance for standards of free speech, wayfinding signage, illumination standards, and compliance with sign regulations to be triggered with City reviews for installation of on-site energy collection. He noted he was awaiting the State’s response to the amendment proposed for wayfinding signage. Assistant Director Saunders noted there had been several changes to residential zoning districts which include; an allowance for bed and breakfasts or vacation homes, the revision of the description of how to measure the size of restricted size units, and the establishment of minimum density standards for residential development. He stated the Commission had requested the minimum density standards for residential development be revisited. Assistant Director Saunders noted which amendments were proposed for the parking chapter of the ordinance including; the allowance of mechanical lifts, flexibility with the re-use of existing buildings, ADA spaces, allowed reductions for transit and structured parking, revision to shared parking regulations (car sharing availability), and off-site parking to allow usage in more locations. Assistant Director Saunders directed the Zoning Commission to proposed procedural changes that were not only legislative changes but the inclusion of references that had been omitted. He stated the intent was to make the document clearer and more user friendly. He stated the submittal requirements needed to address phased site plans more sufficiently. Assistant Director Saunders noted two definitions were proposed to be added for Lot Coverage and Wayfinding Signage. Assistant Director Saunders noted the public hearing had been publicly noticed and other advisory boards had participated in the process. He stated no public comment had been received for the proposed edits. Chairperson Pro Tem Minnick asked the Zoning Commission to establish a method of review for the proposed edits. Mr. Sypinski suggested each item should be reviewed individually; he suggested parking and signage should immediately be set aside. Mr. Sypinski asked if item #2, Conditions of Approval, addressed the lack of completion of developments; would there be some security or remedy. Assistant Director Saunders responded the City had a limited ability to compel the developer to complete the project; he noted improvements agreements were currently in use and were enforceable contracts that would be accompanied by some form of financial security. Chairperson Pro Tem Minnick asked for comments on individual edits. Mr. Sypinski asked the initial dwelling units per acres in the R-1, 2, and 3 zoning designations. Assistant Director Saunders responded noting that R-O and R-4 had been excluded in the initial question, but the densities would allow up to 32 units per acre. Assistant Director Saunders responded that in 18.50.020, the amendment applied also to private open space and revisions had been suggested that would reduce the number of sq. ft. per unit required and would provide additional methods of meeting those requirements (roof top vegetation). Mr. Sypinski asked if the amendments to site plan review criteria would also apply to park land requirements. Assistant Director Saunders responded park land might be affected if zoning review was necessary. MOTION: Chairperson Pro Tem Minnick moved, Mr. Sypinski seconded, to open and continued the item to the next meeting of the Zoning Commission. The motion carried 4-0. Those voting aye being Chairperson Pro Tem Minnick, Mr. Sypinski, Mr. Harned, and Mr. Lieb. Those voting nay being none. Mr. Becker suggested the Zoning Commission meet earlier. Recording Secretary Hastie noted there was an item scheduled for review on that date that had already been noticed. ITEM 6. NEW BUSINESS There was no new business forthcoming. ITEM 7. ADJOURNMENT The Zoning Commission meeting was adjourned at 9:48 p.m. _______________________________________ _______________________________________ Nathan Minnick, Chairperson Pro Tem Chris Saunders, Assistant Director Zoning Commission Dept. of Planning & Community Development City of Bozeman City of Bozeman