HomeMy WebLinkAbout05-03-11 Zoning Commission Minutes ZONING COMMISSION MINUTES
TUESDAY, MAY 3, 2011
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Sypinski called the meeting to order at 7:00 p.m. and ordered the Recording Secretary to take attendance.
Members Present:
Ed Sypinski, Chairperson
Nathan Minnick, Vice Chairperson
David Peck
City Commission Liaison
Chris Mehl
Members Absent:
Staff Present:
Tim McHarg, Planning Director
Brian Krueger, Associate Planner
Tara Hastie, Recording Secretary
Guests Present:
Bob Lee
Cordell Poole
Constance Dratz
Cheryl Boylan
Ralph Olsen
Vanona Olsen
ITEM 2. PUBLIC COMMENT {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 Sypinski closed this portion of the meeting.
ITEM 3. MINUTES OF MARCH 1, 2011
MOTION: Vice Chairperson Minnick moved, Mr. Peck seconded, to approve the minutes of March 1, 2011 as presented. The motion carried 3-0. Those voting aye being Chairperson Sypinski,
Mr. Peck, and Vice Chairperson Minnick. Those voting nay being none.
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z-09242 – (South University District) A Zone Map
Amendment requested by the owner and applicant, RTR Holdings II, 67 Village Drive, Ste. 206, Belgrade, MT 59714 and representatives Stahly Engineering & Associates, 7585 Shedhorn Dr.,
Bozeman, MT 59719 and Morrison Maierle, Inc., PO Box 1113, Bozeman, MT 59771, requesting to allow the establishment of the initial zoning classification of REMU (Residential Emphasis
Mixed Use District) contingent upon annexation on 126.96 acres generally located at the Southeast Corner of the intersection of South 19th Avenue and West Kagy Boulevard generally bound
by future extensions of Stucky Road and South 11th Avenue, and legally described as Tract B of COS 2661, excepting Parcel 2 of Doc. 2311126 in the SW¼, SW¼, S½,SE¼,SW¼ of Section 13
and the N½, NW¼ of Section 24, T2S, R5E, PMM, Gallatin County, Montana. (Krueger)
Associate Planner Brian Krueger presented the Staff Report and oriented them to the location in concert with Chairperson Sypinski’s introduction of the proposal. He stated the applicant
was requesting concurrent annexation of the property and had requested an initial zoning designation of Residential Emphasis Mixed Use which had been created over a two year time period
and had the same name as one of the City’s Growth Policy designations. He noted the adjacent zoning districts and explained existing adjacent uses. He stated the REMU language had
been included in the packets distributed to the Zoning Commission members with the proposal. He stated it would be meant to be a pedestrian place with a mix of uses just as the original
City of Bozeman’s community core. He stated the property owner had participated in the writing of the REMU zoning district and been active in the process. He stated he would review
the vicinity in more depth as well as the long range land use designations in the vicinity. He noted there were more traditional residential uses to the south and noted which general
locations had lower density zoning designations. He stated on the west side of Kagy and 19th was a land use designation of Community Commercial Mixed Use and there were a mix of uses
in the vicinity of the subject property.
Planner Krueger directed the Zoning Commission to a color coded inventory of the actual uses as they lay on the ground; he noted a property might be zoned for a specific thing, but the
rendering was depicting what actually exists. He listed adjacent land uses including administrative/ professional uses, daycares, community centers, banks, and offices as well as other
uses further to the south. He stated the parcel was uniquely cited to accommodate a mix of uses; he added that from a single-household residence to a large office building may be allowed
within the REMU zoning district with future approvals. He directed the Zoning Commission to an aerial photo depicting the subject property in context to surrounding uses and noted access
to other parts of the community would be available through the use of 11th Avenue, 19th Avenue, or the Galligator Trail. He stated Staff recommended approval of the requested zoning
district and noted the applicant had provided a conceptual layout up front with the annexation request as opposed to submitting the information following annexation approval. He stated
the applicant had depicted a potential park core area to support the residential uses on the site and noted other features that had been included as a preliminary layout of the future
subdivision of the parcel. He stated the Parks Advisory Board had reviewed the conceptual layout and had expressed support of the proposal. He stated planned subdivisions as well as
expired subdivisions surrounding the site were predominantly dominated by single household lots but had demonstrated how there was significant and clustered planned parkland and how
it would conceptually work with the
proposed Mandeville Creek park corridor in the center of the conceptual layout for the proposal.
Planner Krueger stated there had been general concerns regarding the intensity of the district and potential uses within. He stated the Development Review Committee had reviewed the
proposal and had provided a recommendation of approval. He noted the proposal was to be reviewed by the City Commission on June 6, 2011. He stated Staff had done a thorough review
of the criteria for a Zone Map Amendment and found the proposal to be in keeping with the 12 review criteria as set forth in the UDO. Vice Chairperson Minnick asked if there had been
any participation with the subdivisions to the south and southeast of the site. Planner Krueger responded notice had been sent to both property owners which he thought were banks and
Staff was anticipating the re-submittal for the approval of those sites.
Mr. Peck asked if Planner Krueger would respond to some of the concerns in the letter of public comment. Planner Krueger responded he had spoken with the gentleman at the counter several
times over the last two weeks and that he operated the Yellowstone Montessori Academy. He stated the public comment included not adequately noticing the proposal though it had been
posted in the newspaper, on the website, via first class mail, and on the site itself; projects were noticed equitably under the code. He stated the zoning application moving so quickly
behind the REMU District creation had been another concern, but the REMU District had been in discussion and reviews for the last 2 years as well as had been included in articles in
the newspaper; he added that the applicants had been actively involved in the proposal to move it forward. He stated the rebuttable presumption language included in the public comment
had been included by the City of Bozeman legal Staff and the City would not anticipate approving any development that would be harmful to adjacent owners; the development should be in
harmony citywide if the Planning Department and City do their job. He stated that the gentleman made a good point that there was no neighborhood and future uses might not be compatible
with the existing uses and noted that those uses would all be reviewed and noticed as development of the zoning district continued. He stated the letter included concerns regarding
maximum building height in REMU and there was the potential for five story buildings with commercial and office uses, but specific findings would need to be made to provide for the compatibility
of those uses to adjacent residential uses. He noted these were potentially scary things for people enjoying agriculture asa an adjacent property, but Staff felt it was a good direction
for the City to grow in. Mr. Peck added that most likely the scary five story building wouldn’t work out as the proposal would be scrutinized in the future and would most likely be
a standalone building. Planner Krueger responded the Growth Policy language was more geared to a large retail or office structure and there wasn’t a restriction in the REMU that would
prevent the owner from developing a large building in the first phase but it would be very unlikely; he added it was a requirement to comply with all the intent statements of the REMU
ordinance language and other code provisions.
Mr. Mehl asked for clarification of when the REMU district had first been discussed and asked if it was with regard to the update of the Growth Policy in 2007. Planner Krueger responded
Mr. Mehl was correct and noted the language had been well vetted and had included the participation of the Planning Board and the public. Mr. Mehl thanked Planner Krueger for specifically
addressing each concern submitted as public comment.
Chairperson Sypinski asked about the property that would not be developed as REMU. Planner Krueger responded there was existing residences on the property that had not been interested
in participating in the annexation and zoning; an access to the site would be provided adjacent to that site and those owners seemed to plan on living in that location for a long time.
Bob Lee, Morrison-Maierle, addressed the Zoning Commission and introduced Cordell Poole; he noted Cordell had been working on the project forever. He stated Mr. Poole’s work on the
REMU District had been invaluable and thanked Planner Krueger for his work on the Staff Report. He stated he had three simple points; the request was in compliance with the Growth Policy,
the proposal was appropriate for a transitional zone and would give the City oversight on how the property built out over the years, and the submittal very crisply met the twelve review
criteria the proposal must be weighed against. He stated the theme of the public comment letter seemed to be concerns about commercial development though the commercial would be located
in a fashion that the City would have a great deal of oversight on. He stated standalone buildings would likely not occur with the first phase of the development as they would not be
self sustaining without residential components on the site though some retail development would be possible. He stated subdivision and master site plan review would occur after the
approval of the zoning and annexation of the property. He reiterated that the proposal met the review criteria as set forth in the ordinance.
Constance Dratz addressed the Zoning Commission noting she was the wife of the man who submitted public comment. She asked if the City had planned another location for a public school
and asked where the children in the neighborhood would go to school. Chairperson Sypinski responded the School Districts would provide an appropriate evaluation of the situation upon
the need for such and would determine the necessary method to provide for those students at the time of subdivision of the property. Mrs. Dratz asked where the access to Kagy Avenue
would be located and noted she was concerned the entrance to their Academy would be compromised and made unsafe for mothers delivering their children. Planner Krueger responded they
were uncertain of a specific location, but Engineering Staff would review any access against the standards at the time of future development.
Cheryl Boylan addressed the Zoning Commission and stated she was concerned her well would get drained and her water rights to Mandeville Creek might be compromised as she was the existing
residence. She stated she was concerned that her view would also be obstructed with the construction of five story buildings.
Cordell Poole addressed the Zoning Commission. He stated there would be a mix of residential uses and the main central corridor of the site would remain open; the closest section of
the site would need to be situated in such as way as to not provide impact to the adjacent properties. He stated aesthetics would also be an important driving factor on the parcel.
He stated the creek would be maintained unchanged through the property though there may be issues since it would be a park, but it was the developer’s intention not to cause any impacts
to the water rights. He stated there would be water right complications further to the south, but the site would be unaffected. Ms. Boylan asked what would happen to Kagy Boulevard;
would it be widened and her trees removed. Mr. Mehl responded that he would explain what was planned for Kagy
Boulevard after the Zoning Commission meeting. Chairperson Sypinski added that the widening of Kagy Boulevard was not within the purview of the Zoning Commission.
Vice Chairperson Minnick stated he was overall supportive of the proposal and noted the Zoning Commission had seen the REMU District more than once. He stated he felt the proposal met
the twelve review criteria as set forth in the ordinance and he felt the location was a good match for the proposed zoning designation. He added the commercial aspects of the proposal
would likely more adequately support themselves at busy intersections and the site would transition well to residential development.
Mr. Peck stated he felt the site was compatible with surrounding uses and would integrate well with the mixed use to the south of the site. He stated he was supportive of the proposal
and that it met the requirements of the twelve review criteria.
Chairperson Sypinski listed the review criteria and noted that adequate streets were available to support the development. He stated he felt the proposal to be in keeping with the twelve
review criteria as set forth in the ordinance. He stated there would be adequate public review of the development with subsequent applications for the site. He added the public process
had been a long one and there had been ample time for members of the public to provide comment and participate in the creation of the district. He stated most of those involved in the
process brought the decisions forward to develop the site as REMU for the last two years.
MOTION: Vice Chairperson Minnick moved, Mr. Peck seconded, to forward a recommendation of approval to the City Commission for Zone Map Amendment Application #Z-09242 with Staff contingencies
and findings as outlined in the Staff report. The motion carried 3-0.
ITEM 5. NEW BUSINESS
Commissioner Mehl suggested the Zoning Commission find more members as he needed them and would look for one himself if a new member was not found within one week.
Vice Chairperson Minnick suggested the Zoning Commission should investigate meeting an hour earlier at 6:00 p.m. instead of 7:00 p.m. Mr. Mehl suggested discussing the idea with the
Planning Board.
Vice Chairperson Sypinski stated Mr. Lieb had resigned and that he appreciated Mr. Lieb’s time served as a member of the Zoning Commission and all of his hard work in that capacity.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting was adjourned at 8:09 p.m.
Edward Sypinski, Chairperson Tim McHarg, Planning Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman