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HomeMy WebLinkAboutZC-110513 MinZONING COMMISSION MINUTES TUESDAY, NOVEMBER 5, 2013 ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Garberg called the meeting to order at 6:15 p.m. and took attendance. Members Present: Erik Garberg, Chairperson Trever McSpadden George Thompson City Commission Liaison: Carson Taylor Members Absent: Julien Morice Guests Present:  Chris Naumann Michael Delaney Staff Present: Chris Saunders, City of Bozeman Policy and Planning Manager Tom Rogers, City of Bozeman Associate Planner ITEM 2. PUBLIC COMMENT None. ITEM 3. MINUTES OF OCTOBER 15, 2013 Minutes approved unanimously with no changes. ITEM 4. PROJECT REVIEW Oak Meadows ZMA #Z-13175 A Zone Map Amendment application requested by owner RES-MT Oak Meadows LLC, 709 NW 107th Avenue 4th Floor, Miami FL  33172, applicant Cougar Properties LLC, 3805 Valley Commons Drive #12, Bozeman MT  59718, and representative PC Associates LLC, 26D Shawnee Way, Bozeman MT  59715, to change 5.74 acres from R-4 (Residential High Density District) to B-2 (Community Business District) zoning. The property is legally described as Lots 1 and 2 and Open Space, Block 5, and Lots 1 and 2 and Open Space 2 in Block 4 and a portion of Park 1 of the Oak Meadows Subdivision, and portions of North 14th Avenue and North 12th Avenue, as platted in said subdivision in the SW 1/4 Section 1, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. (To be continued to November 19, 2013) (Rogers) Associate Planner Rogers stated that the applicant has requested to continue this agenda item to the regularly scheduled November 19th 2013 zoning commission hearing so the growth policy amendment can be heard by the Planning Board before we bring it to the Zoning Commission The public hearing was opened, no members of the public offered comment. A motion was made and seconded to continue the agenda item ZMA #Z-13175 to the November 19, 2013 meeting. The motion passed unanimously. Manufacturing Definition ZCA # Z-13220 A Zone Code Amendment application requested by applicant and representative City of Bozeman, P.O. Box 1230, Bozeman, MT 59771, to define manufacturing, artisan and assign the newly defined use to various zoning districts. City of Bozeman, Gallatin County, Montana. (Policy and Planning Manager Saunders) Policy and Planning Manager Saunders stated the proposed amendment is a legislative action because it is discussing policy rather than applying that policy to a specific site. This proposed revision has 2 parts; central part is the proposed definition. Currently the city has two definitions to manufacturing a general and light definition which are very broad. This application proposes a third definition, artisan manufacturing, that would recognize the transition over time between the nature and scale of manufacturing that Bozeman has been experiencing. Proposed Revisions: New Section 38.42.1865 Manufacturing artisan- The city first introduced and adopted a zoning officially in 1934 and there was an industrial district adopted. The nature of artisan manufacturing, hand crafting process itself has shifted to a more technologically oriented or other activities that have less offsite impacts. The new definition has a size limit as well as an impact limit and the term of negative impacts on surrounding properties The present definitions were shown and Policy and Planning Manager Saunders stated they are exceedingly broad and have no limit to the scale of them. So the present definition would cover a person using an area the size of a desk to many thousands of square feet of building. Once a new use is defined it needs to be applied to zoning district. In this application nine zoning districts would receive the new use and it would fit well within these districts. Districts that don’t presently have the assignment of manufacturing are B-1 and B-3; where presently defined manufacturing has been limited due to a potential intensity which would be out of scale and possibly inconsistent with the nature of those districts. New definition provides a much lighter impact and limited scale so it would properly fit within these various districts. The ordinance specifies the type of application review which is applicable and the individual districts where these are assigned. Second piece of this revision: Manufacturing, light is not currently allowed within the B-3 district and we conclude that it is appropriate within the B-3 district outside of the defined “core” which is between Grand Avenue and Rouse Ave and half block north and south to the alleys. This would allow this kind of manufacturing use outside of this “core” area (like Alphagraphics would fit this definition). As a conditional use we will have opportunity to get public comment and look at proposed impacts to be able to address the scale and intensity if there were such a proposal. Policy and Planning Manager Saunders reviewed the Text Amendment process: Notice of public hearing published in news paper, website, and commission Zoning commission advisory to city commission City commission November 18, 2013 public hearing -provision and final adoption will follow if the City Commission acts favorably on the application Review criteria as outlined in the UDC. No public comments to date. Will be collected and provided to city as well as the recommendation by the commission. Chairperson Garberg asked if there were any questions. Chairperson Garberg had a question of the how the artisan definition is limited at the 3,500 sq. ft. and negligible impact. Would it be better to be more qualitative than quantitative on the 3,500 sq ft, is it more reasonable to look at scope and scale of neighborhood and negligible negative impacts or something like that rather than stick to 3,500 sq ft.. Policy and Planning Manager Saunders clarified that the 3,500 sq. ft. is only for uses that qualify as the artisan manufacturing so that collectively you can go over the 3,500 sq. ft but the manufacturing area of production was within the 3,500 sq. feet. Mr. Thompson asked re: the conditional use type of issues noise, parking, loading operational covered elsewhere. Policy and Planning Manager Saunders addressed: that would be part of the review process that would kick in as part of the conditional use permit which addresses exactly those types of issues. Mr. Thompson: re: the overlay is it necessary given that we have a couple uses in town that fall under that and we are able to accommodate them and do we need to go through this process at all to accomplish the light manufacturing artisan? Policy and Planning Manager Saunders: as it is defined there are varieties of uses that have a pinch point where they would fit in the new definition but don’t fit well in the current definitions which would provide more latitude for those interested in this kind of activity. Mr. McSpadden: 3,500 gross floor area ; in the REMU the max gross building area of 5,000 feet, do we run into a problem, by having an artisan use, regardless of the square footage it occupies does it limit a building’s size in the REMU? Policy and Planning Manager Saunders: The building size in the REMU already exists as that 5,000 sq. ft. limit as well as others that apply to different uses within that district. It’s really unusual as a district in the sense that gets very specific about allowed size for individual uses. The only other similar district is B-1 that states max 5,000 sq. ft. foot print for all uses. The proposal just synchronizes in with what they already have in that district. Mr. McSpadden: 5,000 sq. ft. building limit in REMU regardless of uses? Policy and Planning Manager Saunders: For certain uses, not for all uses. Mr. McSpadden: In particular case, are you allowed to go up to 5,000 sq. ft. of artisan industrial? Policy and Planning Manager Saunders: No, you would be able to have a building of up to 5,000 sq. ft. within which you would be able to have up to 3,500 sq. ft. of artisan manufacturing Chair Garberg opened the public hearing: Michael Delaney – no address given, he supports the revision. Feels that in addition to 3,500 gross floor area should contain some mention of retailing component if just manufacturing otherwise it won’t necessarily bring people in to the district to shop. So some part of the total 3,500 sq foot (1/3-1/2) should be devoted to the retailing of that product Seeing no other public comment the public hearing was closed. Motion: Mr. McSpadden moved: to hereby adopt the findings in the staff report for application Z-13220 and move to recommend approval of ordinance 1874. Mr. Thompson seconded the motion. The board discussed the motion including the whether or not it was desirable to have a different size limit; whether there should be a connection between the manufacturing and other uses; and whether the B-3 district should be different than other areas. Policy and Planning Manager Saunders noted that the 3,500 sq. ft. limit was generous and that the artisan manufacturing use can readily be combined with other allowed uses so an overall business is larger than 3,500 sq. ft. The Commission could recommend that the “core” area of downtown be treated differently than other areas. The discussion concluding, a vote was called with the motion passing 3-0. ITEM 5. NEW BUSINESS No New Business ITEM 6. ADJOURNMENT The Zoning Commission meeting was adjourned.   Erik Garberg, Chairperson City of Bozeman Zoning Commission Chris Saunders, Policy and Planning Manager City of Bozeman DCD