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HomeMy WebLinkAbout10-19-10 Zoning Commission Minutes ZONING COMMISSION MINUTES TUESDAY, OCTOBER 19, 2010 ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Pomnichowski called the meeting to order at 7:01 p.m. and ordered the Recording Secretary to take attendance. Members Present: Nathan Minnick JP Pomnichowski Nick Lieb City Commission Liaison Chris Mehl Members Absent: Ed Sypinski Staff Present: David Skelton, Senior Planner Tim McHarg, Planning Director Chris Saunders, Assistant Planning Director Tara Hastie, Recording Secretary Guests Present: Jason Leep Dewin Madill ITEM 2. PUBLIC COMMENT (0-15 MINUTES) {Limited to any public matter within the jurisdiction of the Zoning Commission and not scheduled on this agenda. Three-minute time limit per speaker.} Seeing there was no general public comment forthcoming, Chairperson Pomnichowski closed this portion of the meeting. ITEM 3. MINUTES OF SEPTEMBER 7, 2010 MOTION : Vice Chairperson Minnick moved, Mr. Lieb seconded, to approve the minutes of September 7, The motion carried 3-0 2010 as presented. . Those voting aye being Chairperson Pomnichowski, Mr. Lieb, and Vice Chairperson Minnick. Those voting nay being none. ITEM 4. PROJECT REVIEW 1. Zone Map Amendment Application #Z-10244 – (Baxter Meadows) A Zone Map Amendment requested by the owner, First Interstate Bank and representative NAI Landmark, requesting a change in urban zoning designation from B-2 (Community Business District) to R-4 (Residential High Density District) on 44 acres generally located northwest of the intersection of Baxter Lane and Davis Lane and legally described as a portion of the remainder of Tract 2A, C.O.S. 2202A, SE ¼, Sec. 34, T1S, R5E, Gallatin County, Montana. Zoning Commission Minutes – October 19, 2010 1 (Saunders) Assistant Planning Director Chris Saunders presented the Staff Report noting the application was to consider rezoning a parcel that was a portion of a larger parcel within the Baxter Meadows PUD. The area had not been the subject of a plat but had been annexed for years. He stated the property had been planned and zoned as commercial, but the change in long range plan designation had been modified from community commercial mixed use to residential. He noted the location of the Chief Joseph middle school and Fire Station #3. He stated Staff and the DRC had reviewed the proposal and found it to be consistent with the long range plan and the review criteria; there were no negative findings in the application. He stated no public comment had been received and the proposal would be subject to two contingencies that are needed to prepare the final ordinance. He stated he would be happy to answer any questions. Vice Chairperson Minnick asked if plans for Davis Lane improvements would continue to the north. Assistant Director Saunders responded he thought Mr. Minnick was correct and noted Davis was expected to be an arterial street north to Baxter Lane. Mr. Lieb asked when the property was granted a B-2 zoning designation. Planner Saunders responded he thought the original approval had been granted in 2002 with initial annexation of the property and added there were plans for development of apartment buildings as well and the proposed zoning change was consistent with the Growth Policy designation. Chairperson Pomnichowski asked for clarification that the site had not been platted, but was an approved Planned Unit Development. Assistant Director Saunders responded the six or more phases of Baxter Meadows had been platted out of order and the portion in question had not yet gone through subdivision review. The portion platted included the Regional Park owned by Gallatin County. Chairperson Pomnichowski clarified that the purpose of a PUD was to provide unique design elements and many exceptions had been granted. Assistant Director Saunders responded that there was an area to the north of the proposed amendment that remained un-annexed and had not been platted but was planned for residential development. Chairperson asked how the proportions of R-4 and B-2 land in the City. Assistant Director Saunders responded the shift would be greater to the R-4 designation and B-2 had more total area then the R- 4 though he did not have specific figures. He stated in the Growth Policy change the area east of Davis Lane had been planned as residential development in 2001 and had in 2009 been modified to a Community Commercial Mixed Use land use designation. Vice Chairperson Pomnichowski asked if the property to the east of Davis Lane would be obligated to provide a commercial zoning designation. Assistant Director Saunders responded no one would be obligated to request a zoning designation that would offset the change requested by this applicant. Chairperson Pomnichowski noted the current zoning had been in place for six years. Assistant Director Saunders noted the City did not have the ability to tell a developer that they would have to finish a project. The developer can abandon the entitlements. Chairperson Pomnichowski stated zoning was predictability and noted everyone that was buying in that area was expecting a certain zoning designation. Mr. Lieb asked when the school had purchased the property. Mr. Leep responded it had been roughly one and a half years. Mr. Lieb asked if Staff considered whether residential or business zoning would be located next to a school. Assistant Director Saunders responded the school was not required to consult the City before purchasing land. He stated the City had to recognize that they could not always see the future and the ZMA application was the process in place to provide for future modification. He added schools and residences were usually complimentary. Jason Leep addressed the Zoning Commission stating he was available to answer any questions. Zoning Commission Minutes – October 19, 2010 2 Mr. Lieb asked if the bank had foreclosed on the property. Mr. Leep responded he did not think the bank had foreclosed on the property and had instead reached an agreement. Mr. Lieb asked the logic behind the requested amendment. Mr. Leep responded it was better that the Growth Policy designation and the zoning matched, and it was the owner’s opinion that residential development would be more marketable. Mr. Leep stated the portion of ground in question had not been approved as a Final PUD; he noted the same density targets would be in place with regard to the number of dwelling units. Chairperson Pomnichowski stated the property was now zoned B-2 (the biggest allowable commercial in the City) and asked how density targets were the same under the B-2 as the R-4 zoning designations. Mr. Leep responded the target was 20-24 units per acre in the PUD, which was still achievable under the R-4 zoning designation. Chairperson Pomnichowski stated she thought the PUD had been finalized. Mr. McHarg responded the parcel had not been finalized for that phase of the PUD. Mr. Leep responded the same concept could be achieved with either B-2 or R-4 development. Chairperson Pomnichowski stated the northeast corner of the site had been designated as open space. Mr. Leep responded the area would remain wetlands as it had been designated; the park would continue through the site as the concept PUD approval was still in place. Chairperson Pomnichowski called for public comment. Seeing no public comment forthcoming, the public comment period was closed. Vice Chairperson Minnick stated he understood the request for the zoning and the need to comply with the Growth Policy designation though he was concerned with the traffic from the Interstate through the site. He stated there would be some density in the area and assumed traffic would be addressed upon individual site development. He stated he concurred with the change to residential zoning but did not see the need for R-4 instead of R-3 zoning. Mr. Lieb responded that due to the location of the school and the surrounding wetland areas he saw the need for the residential zoning district. Chairperson Pomnichowski stated the application complied with the Growth Policy, but there were concerns regarding the transportation systems and the undue concentration of population; going to the most density possible seemed difficult. She stated she was concerned the property did not respect the character of the district due to the neighboring zoning designation of B-2. She stated the most compatible urban growth was a subjective question but the last of the review criteria were more difficult to ascertain. Vice Chairperson Minnick asked if the motion could amend the zoning to R-3. Chairperson Pomnichowski suggested the application as proposed would need to be acted on at the night’s meeting and any suggested amendments would be forwarded to the Commission. Mr. McHarg suggested the application could be continued to allow the applicant time to discuss a Zone Map Amendment from B-2 to R-3 instead of R-4. Chairperson Pomnichowski asked Mr. Leep if the owner would be amenable to discussions regarding requesting R-3 instead of an R-4 zoning designation. Mr. Leep responded the applicant would prefer the zoning be approved as R-4 to maintain the density, but he would discuss the application with the owner. Chairperson Pomnichowski suggested the item be opened and continued. Mr. Leep responded he would be amenable to the Zoning Commission formulating a motion with a recommendation to the City Commission that they would prefer to see the R-3 proposed for the site. MOTION : Vice Chairperson Minnick moved, Mr. Lieb seconded, to forward a recommendation of denial to Zoning Commission Minutes – October 19, 2010 3 the City Commission for Zone Map Amendment Application #Z-10244. Vice Chairperson Minnick stated he agreed the parcel should be zoned residentially, but could see no reason the zoning designation should be R-4 instead of R-3. Chairperson Pomnichowski and Mr. Lieb concurred. The motion carried 3-0. Those voting aye being Chairperson Pomnichowski, Mr. Lieb, and Vice Chairperson Minnick. Those voting nay being none. 2. Zone Map Amendment Application #Z-10240 – (Loyal Garden) A Zone Map Amendment requested by the owner, Betty Madill Revocable Intervivos Trust and representative Comma-Q Architecture, requesting a change in urban zoning designation from R-O (Residential Office District) to B-2 (Community Business District) on 3.2 acres located at 870 & 880 Winnow Circle and legally described as Loyal Garden Subdivision Phase 1A, Block 1, Lots 2 &3, Sec. 16, T2S, R5E, Gallatin County, Montana. (Skelton) Senior Planner David Skelton presented the Staff Report noting the proposal was to change the current zoning designation from R-O to B-2 on a parcel of land within plats that currently existed in Loyal Garden Subdivision. He stated the application was to reflect the current land use designation for future development of the land as Community Commercial Mixed Use. He stated most of the community commercial development had been located north of Huffine Lane and listed some of those developments. He stated there had been recent activity south of North Cottonwood Road and Huffine Lane and noted the land directly to the east of the site was zoned AS in the county and was agriculturally used. He stated two of the three lots currently zoned R-O were under review for an amendment to a B-2 zoning designation. He state the remaining R-O office lot was currently operating as a warehouse business. He directed the Commission to a 2007 aerial photo and noted locations of existing structures on the site as well as adjacent uses. He directed the Zoning Commission to photos of the Nelson Tree Farm and those uses adjacent to the site. He noted the original zoning designations requested by the applicant and the intent to provide a mixed use development. He stated the Growth Policy land use designation for the site was community commercial mixed use and the zoning change would mirror the intent and spirit of the land use designation. He stated no public comment had been received for the proposal and Staff was supportive of the application as submitted with Staff conditions of approval. Mr. Lieb asked if B-2 was the preferred designation for a Community Commercial Mixed Use Growth Policy designation. Planner Skelton responded it was generally the preferred zoning designation and noted similar locations with the same land use designation north of Huffine Lane. Mr. Lieb asked if the bank across Huffine Lane was zoned B-P. Planner Skelton responded Mr. Lieb was correct. Chairperson Pomnichowski asked if there were any plans to save the existing residence. Planner Skelton responded he was uncertain, but it could be a nice focal point for the intersection. Chairperson Pomnichowski asked if the drainage for the Farmers Canal would be maintained without development. Planner Skelton responded there was a transition or buffer between the lots and the existing manufacturing building; an open space corridor that outlined Baxter Creek would serve as the transition as well as parkland area. Mr. Lieb asked if Cottonwood Road north of Huffine Lane had been approved. Planner Skelton responded Cottonwood to the north had been approved, but further north had not been approved for improvements to the south of Huffine Lane. He stated the construction of Petra Academy would facilitate improvements to North Cottonwood Road as a full principal Arterial to Babcock Street. Cole Robertson addressed the Zoning Commission and stated he had no formal presentation but was Zoning Commission Minutes – October 19, 2010 4 available to answer questions. Chairperson Pomnichowski asked if there were plans to salvage the existing residence. Mr. Robertson responded there had not been discussions and there was currently no plan in place. Chairperson Pomnichowski called for public comment. Seeing no public comment forthcoming, the public comment period was closed. Mr. Lieb stated he felt the application to be in keeping with most of the review criteria and neutral on those criteria in question; he added he was in favor of the proposal with Staff conditions of approval as he felt the requested zoning would be appropriate. Vice Chairperson Minnick stated he thought the R-O use would complement the existing residential zoning designations. Chairperson Pomnichowski stated she concurred with previous member comments and her only concern had been salvaging the existing buildings though the owner was not concerned. MOTION : Mr. Lieb moved, Vice Chairperson Minnick seconded, to forward a recommendation of approval to the City Commission for Zone Map Amendment Application #Z-10240 with Staff conditions of approval. The motion carried 3-0. Those voting aye being Chairperson Pomnichowski, Mr. Lieb, and Vice Chairperson Minnick. Those voting nay being none. ITEM 5. NEW BUSINESS There was no new business forthcoming. ITEM 6. ADJOURNMENT The Zoning Commission meeting was adjourned at 7:55 p.m. ___________________________________ _______________________________________ JP Pomnichowski, Chairperson Tim McHarg, Planning Director Zoning Commission Dept. of Planning & Community Development City of Bozeman City of Bozeman Zoning Commission Minutes – October 19, 2010 5