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HomeMy WebLinkAbout09-04-12 Northeast Urban Renewal Board MinutesNortheast Urban Renewal Board (NURB) Regular Meeting Tuesday, September 4, 2012 The Northeast Urban Renewal Board met in regular meeting at 6:30 p.m. on Tuesday, September 4, 2012, in the Conference Room, Professional Building, 20 East Olive Street, Bozeman, Montana. Present: Absent: Voting Members: Erik Nelson, Chair Tom Noble Daniel Doehring (arrived at 6:40 p.m.) Robert Pavlic Jeanne Wesley-Wiese Non-Voting Members: Commissioner Liaison: Chris Mehl Staff: Keri Thorpe, Assistant Planner Robin Sullivan, Recording Secretary Guests: Call to Order – Chair Erik Nelson called the meeting to order at 6:34 p.m. Public Comment – No comment was received under this agenda item. Consent Items – Approve minutes from July 10, 2012 meeting. It was moved by Bob Pavlic, seconded by Jeanne Wesley-Wiese, that the minutes of the meeting of July 10, 2012, be approved as submitted. The motion carried on a 3-0 vote. Action Items – Proposal for zone code amendment to limit restaurants in the HMU District. Planner Keri Thorpe noted that a unified development code amendment to make restaurants a conditional use in the HMU district would be an easy change. She stated, however, Planning Director McHarg has indicated that if the Board wishes to implement something more specific, like additional limitations on restaurants or the creation of a sub-zone within the HMU zoning district, it will need to hire a planning consultant. She reminded the Board that a majority of those responding to the survey indicated support for an increased level of review. Responding to questions from Jeanne Wesley-Wiese, Planner Thorpe stated the conditional use permit process triggers a public hearing before the City Commission and allows for review on a case-by-case basis. She then noted that this issue was discussed at the Board’s last meeting, but no decision was made. Responding to questions and comments from various Board members, Planner Thorpe reiterated any proposed unified development code amendment that goes beyond the conditional use process will trigger the need for the Board to hire a consultant. Planner Keri Thorpe asked if the Board wishes to allow restaurants as an accessory use in the M-1 zone or if it wants to require restaurants as a conditional use only within the urban renewal district; the Board responded that it does not wish to do so. Responding to Bob Pavlic, Planner Thorpe stated a bakery with a 400-square-foot seating area has been approved for the Brown Building, where a restaurant had been previously approved. Erik Nelson reported he has spoken with those in the district who are more business oriented; and they have voiced opposition to another layer of review that will add to the costs of doing business within the urban renewal district. He cautioned that the conditional use process will not only increase the actual review costs but will increase the costs of preparing the application as well as increasing the review time and adding uncertainties to the approval process. Because of those concerns, he noted he will not vote to change the code to require that restaurants in the HMU zoning district go through the conditional use permit process. Jeanne Wesley-Wiese recognized that this is a mixed use district; however, she stressed that the residents must be able to weigh in on an application that might impact their lives. Erik Nelson acknowledged the resident concerns; however, he stressed that each property owner within the district should be able to exercise his or her property rights based on the zoning designation. Commissioner Liaison Chris Mehl noted the Board must decide if it wishes to risk limiting the businesses that might come into the district. He then stated that the Commission has been pushing more decisions to Planning Director McHarg, thus freeing up their agendas. As a result, the Board members must be prepared to argue why the Commission should now reverse its position and amend the code to make restaurants a conditional use rather than a permitted use in the HMU zoning district. Jeanne Wesley-Wiese noted that the response from the neighborhood was quite significant. Bob Pavlic stated he feels the Board should honor the results of the survey, even though the percentage of those responding was low. Jeanne Wesley-Wiese noted the intent of the mixed use district is to ensure that a use fits the environment, which is split evenly between residential and industrial/commercial at the present time. Erik Nelson cautioned that the more restrictions placed on businesses, the fewer businesses the Board will see in the district. He encouraged the Board to consider all types of businesses, not just restaurants, when considering this proposed amendment. Commissioner Liaison Mehl reminded the Board that it has the incentive of returning tax monies to the district; and this proposed amendment would result in incentivizing all other development while being detrimental to one sector. He then acknowledged that maybe those in the district want to see it quiet after 9:30 p.m. He encouraged Board members to consider potential future uses within the district, not just recent activity. Bob Pavlic noted he does like evenings and weekends in the district, which is quiet with very little vehicular traffic. Jeanne Wesley-Wiese voiced concern that residential development doesn’t seem to be pushed as much as commercial development within the district. She noted that one person’s property rights cannot steam roll another person’s; and she is concerned because the way the code is currently written, when different adjacent uses are being considered, the lower standards prevail. Dan Doehring recognized the arguments on both sides of the issue and stated that, at this time, he is not prepared to take a position on the proposed amendment. It was moved by Jeanne Wesley-Wiese, seconded by Bob Pavlic, that staff b e directed to amend the unified development code to require a conditional use permit for restaurants in the HMU zoning district. The motion failed on a 2-2 vote with Jeanne Wesley-Wiese and Bob Pavlic voting for it and Dan Doehring and Erik Nelson voting against it. Chair Nelson asked that, since one member of the Board is not present and since the motion did not pass, this item be placed on the next meeting’s agenda for a vote. Commissioner Liaison Chris Mehl cautioned the Board members that, since this is an open agenda item, they may not discuss it with anyone prior to the next meeting. He also stressed that if they have any communication from anyone, they must disclose it prior to the vote. Election of NURB Officers. Chair Nelson stated that, since one member is absent, this item will be delayed to the next meeting. Discussion Items – Neighborhood News. Dan Doehring stated he is running low on the small doggie bags but still has several of the big ones. Chair Nelson suggested a connection be made between North Wallace Avenue and the East Aspen Street right-of-way improvements. He proposed a multi-step process, possibly beginning with signage and then, if that doesn’t work, extending the sidewalk from the front of Bobbi Clem’s business to the edge of the improvements. He also proposed that irrigation of the improvements be included in next year’s budget. Planner Thorpe indicated that she will talk to Engineering Technician Andy Kerr about the possible sidewalk improvements. Planner Keri Thorpe reported that one of the City’s maintenance personnel has been trained in herbicides and has sprayed the East Aspen Street right-of-way once this summer. That herbicide was not for knapweed, and she has indicated this district would pay the costs of purchasing an herbicide that would do so. Responding to Commissioner Liaison Mehl, Board members reported that the brewery wall celebration was a success. Jeanne Wesley-Wiese reported approximately 300 people attended the celebration; and it generated a little bit of money for the wall. She noted that a website has been set up for the wall as well as NENA that includes an option for making donations to both the wall and the depot through pay pal. She also stated the owner of Schnee’s is interested in organizing a run for the wall in November. Chair Nelson noted it would be nice to include information about this TIF district on that website, particularly its redevelopment program. Planner Keri Thorpe reported that the $5,000 grant application for the depot has been approved, and she is hopeful that discussions with MRL will begin in the near future. Responding to Bob Pavlic, Jeanne Wesley-Wiese confirmed that the Parade of Sheds will be held this year, at the same time as the Parade of Homes. Adjournment – 7:24 p.m. There being no further business to come before the Board at this time, Chair Nelson adjourned the meeting. Erik Nelson, Chair Northeast Urban Renewal Board City of Bozeman