HomeMy WebLinkAboutZC-111913 MinZONING COMMISSION MINUTES
TUESDAY, NOVEMBER 19, 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 Julien Morice
City Commission Liaison:
Carson Taylor
Members Absent:
Guests Present:
Jason Leep
Staff
Present:
Tom Rogers, City of Bozeman Associate Planner
ITEM 2. PUBLIC COMMENT
None.
ITEM 3. MINUTES OF NOVEMBER 5, 2013
Minutes approved unanimously with no
changes.
ITEM 4. PROJECT REVIEW
Oak Meadows ZMA #Z-13175 continuance of public hearing 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)
Julien Morice recused himself for agenda item Oak
Meadows ZMA #Z-13175.
Associate Planner Rogers presented the staff report to the zoning commission members noting there was still a quorum present. He pointed out according to the Transportation Plan there
is an existing controlled access point on 15 and next future on 11th (so you will have direct access on 7th, 11th, 15th and 19th).
No public comments to date. The City Commission will
consider both applications during the December 9th meeting. Staff and Development Review Committee have reviewed and forwarded their recommendation to approve this application with contingences
in the staff report.
Chairperson Garberg asked members if there were any questions of Mr. Rogers. No questions for Mr. Rogers.
Chairperson Garberg asked if there were any questions
of the applicant. Applicant Jason Leep reiterated his former presentation.
Some discussion of leaving south of Oak residential, if we moved zone line up north would like to hear
opinion.
Mr. Thompson move property lot line move, the R-4 will this be enough room for the B-2 and does this still meet the FAR.
Mr. Leep: yes there will be enough room for this line
move.
Mr. Thompson: How many R-4 lots can you put in the south half?
Mr. Leep: around 100 units.
Mr. Thompson: impact to the streets traffic loads on adjacent streets (15th).
Mr.
Leep: hard to determine that but on a 5 lane arterial road, traffic studies will be required in the future.
Chairperson Garberg noted the need to remain focused on the current application.
Commiss
ioner Carson: issue of why the Commission was voting can be stated to judge it against standards. Individual opinions can be stated carefully or un-carefully. Can’t have two votes
with one based on a theoretical.
Mr. McSpadden: Commission will make the decision. If Mr. Rogers incorporated this into the discussion so it would be included in Mr. Rogers’ report
to the Commission so the vote recommended this and the discussion was included.
Chairperson Garberg asked if there were any questions or comments from the public. None, Chairperson
Garberg closed public comment.
Chairperson Garberg asked Mr. Rogers what were permitted uses in B-2 zoning.
Mr. Rogers Clarified permitted uses.
Commissioner Carson: How does PUD come into play?
Planner Rogers: Corridor plan states anything next to or adjacent to Oak Street is required
to go through PUD prior to construction. This allows more creativity and the city and community gets more out of design.
Planner Rogers stated residential does not go through PUD but
any non-residential goes through the PUD process.
Chairperson Garberg asked if there were any questions of members:
Mr. McSpadden: if PUD will open up interpretations of code, he
would suggest the PUD allows a different kind of review. Changes in zoning to commercial would add a level of restriction due to what a commercial use goes through, PUD becomes a rigid
process.
Mr. Thompson stated his concerns of terms of B-2 relying on undefined PUD restrictions.
Seeing no other member comments, it was closed.
Motion: Mr. McSpadden moved to hereby
adopt the findings in the staff report for application ZMA #Z-13175 and move to recommend City Commission approval of the Oak Meadows Zone Map amendment with contingences required to
complete application process. Mr. Thompson seconded the motion.
Mr. McSpadden voted for this during the Planning Board meeting and was still in line with that decision.
Mr. Thompson
feels uncomfortable with change of the whole lot to a B-2.
Mr. McSpadden: original developers mapped this area out 6-7 years ago and this area was designated residential for 30 years
and the density is not dictated by the Growth policy.
Mr. Rogers: stated Mr. McSpadden was correct.
Mr. McSpadden: can we move forward? I will vote in favor of application as it
is.
The discussion concluded and a vote was called with the motion passing 2-1, Mr. Thompson voting in opposition.
ITEM 5. NEW BUSINESS
No new business
ITEM 6. ADJOURNMENT
Chairperson Garberg moved to adjourn, Mr. Thompson seconded.
The Zoning Commission meeting was adjourned at 7:15p.m.
Erik Garberg, Chairperson City of Bozeman Zoning Commission
Chris
Saunders, Policy and Planning Manager
City of Bozeman DCD