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HomeMy WebLinkAbout07-17-12 Zoning Commission Minutes ZONING COMMISSION MINUTES TUESDAY, JULY 17, 2012 ITEM 1. CALL TO ORDER AND ATTENDANCE Vice-Chairperson Randy Wall called the meeting to order at 6 p.m. and ordered the Recording Secretary to take attendance. Members Present: Randy Wall, Vice Chairperson Trever McSpadden David Peck City Commission Liaison: Carson Taylor Members Absent: Erik Garberg Nathan Minnick Staff Present: Doug Riley, Associate Planner Tim McHarg, Director of Planning and Community Development Dave Skelton(Senior Planner) Guests Present: Katherine Ball Jim Cannata Julie and Steve Shea Susan Riggs, Intrinsik Architecture 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, Vice Chairperson Wall closed this portion of the meeting. ITEM 3. MINUTES OF JUNE 5,2012 The minutes of June 5,2012 were approved without amendments. ITEM 4. PROJECT REVIEW 1. Zone Map Amendment Application#Z-12122—(South Wallace—200 Block)A Zone Map Amendment requested by the owners Gallatin Seed Company Condominium Association,P.O. Box 6429,Bozeman,MT 59771 and Olive &Wallace,LLC,416 N. Ida Ave.,Bozeman,MT Page 1 of 8 Zoning Commission Minutes—July 17,2012 59715 and representatives Intrinsik Architecture, Inc., 111 N. Tracy Ave.,Bozeman,MT 59715 and Rocky Mountain Engineers, 1700 W. Koch St.,Bozeman,MT 59715 requesting to change the urban zoning designation from R-4 (Residential High Density District) to B-3 (Central Business District) on 2.8751 acres. The property is located at—the 200 block of South Wallace Avenue and is legally described as Rouse's 2nd Addition,Block D,Lots 11-20,Section 7,T2S, R6E,PMM, Gallatin County, City of Bozeman,Montana. (Riley) Associate Planner Doug Riley presented the Staff Report. The primary purpose of this zone map amendment is to bring the subject property into conformance as it currently has non-conforming uses and encouragement of the Growth Policy as part of the Downtown District. Mr. Riley went into detail regarding details within the growth policy as it relates to this property. Mr. Riley reported that one public comment letter had been received offering reserved support for the requested B-3 zoning and a second public (e-mail) comment relaying concerns regarding existing parking and traffic volumes in the neighborhood. Mr. Riley explained that neighbors would be notified if there were any future redevelopment plans on the site. The applicants do not have any immediate plans for redevelopment. City staff is recommending approval of this application with 3 contingencies listed on page 2 of the staff report. Randy Wall asked questions about the boundaries for the East Gateway District on the Downtown Improvement Plan and the Downtown Core map. Mr. Riley spoke to the maps presented and answered that this property is located within the community core area. Randy Wall asked whether residential use is allowed in the B-3 District. Mr. Riley referred to the table of uses and said apartments/condos are allowed. Randy Wall confirmed with staff that the Residential Emphasis Mixed Use (REMU) Zoning District has been created and adopted. Randy Wall confirmed that downtown is primarily B-3 and that B-3 promotes mixed use. Applicant Presentation Susan Riggs with Intrinsik Architecture explained they are representing Olive and Wallace LLC and the Gallatin Valley Seed Company Condominium Association. Ms. Riggs feels this application is very straight forward and as explained would bring the property into conformity. Approval of B-3 will open the opportunity for infill, improvements to the South Wallace streetscape and buildings. Preliminary analysis of the site has been completed. They have had several public outreach events, with the main concerns raised being future development, parking issues, traffic concerns and pedestrian safety issues on Wallace. Mr. Peck asked about the concerns raised in the neighborhood outreach events and whether R-4 zoning was compared. He then asked what the vision is for development of the vacant parcel. Ms. Riggs explained that preliminary ideas include a two story office building with the bottom layer being built as parking. Randy Wall asked about the technical assistance grants that Intrinsik has applied for and then asked what the parking problems are. Page 2 of 8 Zoning Commission Minutes—July 17,2012 Ms. Riggs explained that they applied for grants from the Downtown Improvement District. She further explained the existing parking in the front of Harrington's encroaches into the right of way and there is no sidewalk. On the south of the site there could be parking solutions as well as possibilities of working with the library to create more parking. Peak hours such as during Farmer's Markets and library events are the main issue with parking. PUBLIC COMMENT Jim Cannata of 121 South Wallace, looks right into the side of the seed company and said South Wallace is not a local dead end and that the traffic is consistent. He questions the effect on the traffic and said his real concern is the possibility of a high profile building in place of the seed company that would block the sun on his property. Julie Shea, co-owner of the property on 309 South Wallace confirmed that the Commission received a letter from Ryan Hamilton. She then said she feels this process puts the cart before the horse as they do not know what will happen on the property and the vacant lot. The poor traffic planning has been a problem since the library opened and has had a high impact. Mr. Wall asked Ms. Shea whether or not she supports the rezone. Ms. Shea said she was originally neutral until she looked into the difference between R-4 and B- 3 and she does not have enough information to support the rezone as she does not know what will really happen on the vacant property. Steve Shea, co-owner of 309 South Wallace spoke regarding the lack of a solid plan prior to the change in zoning. Mr. Wall said a zone change can be based upon the underlying land use. Right now there are uses on the property that are not consistent with the zoning. Mr. Shea referred to a proposal shown by Intrinsik at the community meeting last night saying it was a nice design, but is just a picture and is not something that has been approved. The frustration and fear is that the impact to the neighborhood is unknown. He feels residential homeowners are held to a higher standard than commercial owners and he does not feel that is fair. He says the city had poor planning on ingress and egress to the library. He spoke regarding traffic congestion during Farmer's Market and the difficulties with evacuating the library. He also spoke regarding the lack of sidewalk or crosswalk on the south side of Wallace. He feels those issues should be looked into. Carson Taylor, City Commission liaison said that some of the issues raised are city issues with the library. Commissioner Taylor spoke to the public comment regarding the distinction between a private resident changing zoning and this situation. Mr. Shea spoke again about the poor traffic flow. David Peck spoke to commercial development being held to the same standard as residential Page 3 of 8 Zoning Commission Minutes—July 17,2012 development. Katherine Ball of 323 South Wallace said she and her husband have owned the property since 1992 and have seen a lot of changes and constant construction. She has been pleased with a lot of the development that has taken place and understands the applicant wanting to comply with the growth plans. Her concerns relate to the guidelines for historic preservation in the neighborhood overlay district which she has heard will help protect the neighborhood from many of the impacts that they worry about. She asked whether this is true or will they be subject to the whim of the City Commission at the time of development. She witnessed the approval of the Cider House on Babcock and South Wallace and said because that property was located in B-3 zoning they were not required to have parking. The Commission has set precedence with that. She is concerned about the possible impacts and risks to the neighborhood if anything that is allowed in B-3 is allowed here. There are really big issues with the library that the neighbors have been continually dealing with. Most of the 1,300 visitors a day come in and out of the library using South Wallace; a dead end, local street. She referred to the possibility of a 70 foot wall of buildings being allowed in B-3. According to city plans, downtown should maintain the current height but further out the height should increase. She does not get the sense there will be protection for the neighborhood. She is concerned about what will create a buffer between commercial and residential. She is worried about noise, waste disposal, loud air conditioning unit noise and late night bar and restaurant users. She said the ridge above this area creates a noise amplifier. She would like to know if the applicants can continue their current use without the zoning change and questioned whether the growth policy may be incorrect as the infrastructure has not been dealt with in this area. She does not support the rezone at this time because of the potential zoning impacts of B-3. Seeing no further public comment, Randy Wall closed public comment. Applicant Rebuttal Ms. Riggs clarified the city planning process explaining that after a zone map amendment application, they would need to go before the planning department with another type of application to propose more specifically how they are addressing parking, neighborhood compatibility, etc., and would have to submit a floor plan and building elevations as well as going before the building department for permits. They are looking at the project comprehensively including looking at improving pedestrian travel and the possibility of shared parking with the library or the possibility of some type of corridor where there is currently a dilapidated shed. Mr. Peck asked about uses within an R-4 district as related to noise. Tim McHarg, Director of Planning and Community Development explained restaurants and other commercial uses would not be allowed in R-4. Mr. Peck referred to the neighbors concerns about noise nuisance. Randy Wall asked what the height limitations are in R-4 and B-3 zoning. Page 4 of 8 Zoning Commission Minutes—July 17,2012 Mr. McHarg explained that R-4 is a range based on the pitch of the roof and that within B-3 outside of the core the height restriction is 70 feet. Trever McSpadden asked for clarification on parking exceptions for B-3. Mr. McHarg said that within the last two years to implement the downtown plan, several parking reductions are now permitted within the B-3 district. One is that the first 3,000 square feet of floor area is exempt from onsite parking requirements. This was referenced in the Cider House project. Mr. McSpadden clarified that at the redevelopment stage, there are parking and traffic considerations as part of the process. Mr. McHarg spoke to how all the pieces of the development regulations work together, making it exceedingly unlikely that a 70 foot building could be located on this site. MOTION: Trever McSpadden moved, David Peck seconded, that having reviewed the application materials, considered public comment and considered all the information presented, I hereby adopt the findings presented in the staff report for application Z-12122 and move to recommend approval of the requested zone map amendment to the City Commission with the contingencies listed as 1, 2 and 3 of the staff report. DISCUSSION ON THE MOTION: David Peck said that after reviewing the materials and walking through the area, he was planning on supporting the applicant, but now that he has heard from the neighbors he is reconsidering. Trever McSpadden said he is sympathetic with the neighbors but the purview of this Commission is to look at the underlying growth policy designation and review applications against the criteria the state provides. Right or wrong, the growth policy has included this area within the community core. A B-3 zoning designation is appropriate for that land use designation. There are other stages of review pending here and there will be an opportunity to look at specific design elements later. Randy Wall spoke to the responsibility of the Zoning Commission. He feels B-3 is compatible with the underlying land use. From the 13 item checklist, he is struggling with items D., H., and M. He sees why the application is being made. A common thread of public comment is the issue of the library traffic and how there is only one exit west through South Wallace weaving through the neighborhood. The library is city property. If there is a traffic problem that exists from the library, he asked whether it is wise to move forward. Trever McSpadden said he has a hard time tying library traffic to this application at the zoning stage. An R-4 development proposal could have a fair bit of traffic as well. Traffic is a concern and will continue to be a concern. Due to that, some type of traffic analysis would likely be triggered along the way if it is warranted. Page 5 of 8 Zoning Commission Minutes—July 17,2012 Mr. Wall concurred with Mr. McSpadden. The Motion passed 3-0. Mr. McHarg announced that this application is scheduled for the August 6t' City Commission meeting that starts at 6 p.m. 2. Zone Map Amendment Application #Z-12091 — (Kirk, Walker PUD) A Zone Map Amendment requested by the owner/applicant Roger S. Kirk, 11 Kean Dr., Bozeman, MT 59715 and C&H Engineering 1091 Stoneridge Dr., Bozeman, MT 59718, requesting to establish an urban zoning designation of R-1 (Residential Single-Household, Low Density District) on 1.92 acres in conjunction with annexation. The property is located on Gibson Drive and is legally describes as Lot 9, Block 1, Walker Property Subdivision PUD, Section 25, T1S,R5E, PMM, Gallatin County,Montana. (Skelton) Senior Planner Dave Skelton presented the staff report on this item. Mr. Skelton notified Commissioners that the first page of the memorandum refers to the requested zoning designation as RS. This should say R-1. The notices and the remainder of the report correctly says R-1. Mr. Skelton reported that the request for R-1 is consistent with the comprehensive plan. The proposal is to continue with the current land use restrictive covenants. Mr. Skelton provided historical information on this area. No public comment has been received. Staff and the Development Review Committee recommended approval on April 30, 2012 with contingencies listed in the staff report. The Applicant chose not to provide a presentation. Public Comment Commissioner Randy Wall called for public comment. Seeing none, he closed public comment. Randy Wall asked about a requirement by DEQ and DNRC that any additional development has to hook up to the public water system due to the plume. Mr. Skelton confirmed Mr. Wall's statement that due to the plume related to the Bozeman Solvent Site that just reaches this area additional development would require hook up to the public water system. There are however some residential homes in the area that pre-dated the requirement and are on private well systems. MOTION: David Peck moved, Trever McSpadden seconded that after having heard the staff report and seeing that there is no public comment, the Zoning Commission hereby adopts the findings in the staff report and moves forward a recommendation of approval that text zone map amendment to Chapter 38 as included in the draft Ordinance and as requested in the application Z-12091. Trever McSpadden asked for clarification of the motion. David Peck verified the motion should be for a zone map amendment and not a text amendment as originally stated. Page 6 of 8 Zoning Commission Minutes—July 17,2012 DISCUSSION: Trever McSpadden referred to this as a `housekeeping' item to get these properties annexed. This is obviously the recommended zoning designation for this area anyway. Tying these properties into city services is a good thing. Though they are not required to tie into city sewer, he stated he would hope that would be the eventual outcome. Vote on the motion. The motion passed 3-0. ITEM 5. NEW BUSINESS 1. City Commissioner Carson Taylor unavailable at July 31St meeting City Commissioner Carson Taylor thanked the Commissioners for their service and the knowledge they bring. He then informed them he will be unavailable for the next meeting on July 31St. Mr. Taylor said he has missed some of the Zoning Commission meetings and plans to attend more often in the future. Randy Wall acknowledged Commissioner Taylor for consistently showing up to the Design Review Board as the City Commission liaison. He emphasized the importance of the City Commission liaison relaying additional information that is not captured in the minutes to the City Commissioners during the public hearing. Trever McSpadden mentioned how great Tim McHarg is as well. 2. Tim McHarg referred to back to the first hearing this evening on Zone Map Amendment Application 4Z-12122 Planning and Community Development Director Tim McHarg said that based on public comment received tonight, the planning department will do some additional research relative to the Wallace rezone. Specifically, they will look into the library relative to traffic, access and non- motorized access issues and what might be future plans of the library. They will also look into the background on the growth policy, future land use designation of community core and some clarity on when traffic studies are required. Tim McHarg said it is a good practice for Zoning Commissioners to call out specific criteria that Commissioners need to make affirmative findings for during the discussion. While not all of the criteria need to be mentioned, Mr. McHarg emphasized discussing any criteria that there may be questions or concerns about to ensure those questions and ensuing findings are part of the public record. Zoning Commissioners and staff discussed level of service standards for streets. Mr. McHarg said level of service standards are normally concentrated around performance of intersections. In this situation, he will speak with the city engineer and street superintendent to Page 7 of 8 Zoning Commission Minutes—July 17,2012 discuss how level of service standards would relate to a local street with relatively high intensity uses. Trever McSpadden referred to an experience where the County Commission made a discretionary call through a condition to request a traffic study per comments that had been made. Randy Wall said the public comments were similar to the restaurant that was proposed at the corner of Wallace and Peach relative to noise impacts from patrons. Mr. Wall asked about ways to quantify noise issues. Mr. McHarg spoke to the existing noise ordinance and referred to the ability of the police to enforce the noise ordinance. If we anticipate or know what those impacts might be conditions may help mitigation. This however cannot be handled at the Zoning level. ADJOURNMENT Seeing no further business before the Commission, Zoning Commissioner Randy Wall adjourned the meeting at approximately 7:55 p.m. Randy Wall, Vice Chairperson Tim McHarg, Planning Director Zoning Commission Dept. of Planning & Community Development City of Bozeman City of Bozeman Page 8 of 8 Zoning Commission Minutes—July 17,2012