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HomeMy WebLinkAbout03-01-16 Zoning Commission MinutesZoning Commission Meeting Tuesday, March 1st, 2016, 6:00pm, City Commission Chamber – 121 N. Rouse Ave. A. 06:01:26 PM Call meeting to order Chris Mehl – Commission Liaison - Present Erik Garberg – Board Chair – Present Julien Morris – Present George Thompson – Present B. 06:01:45 PM Changes to the Agenda – Mr. Rogers will be giving the board a presentation prior to the action items. C. 06:02:02 PM Approval of Meeting Minutes – 4/7/15; 7/7/15; 7/21/15; 8/18/15; 9/8/15; 11/17/15; 1/19/16 06:02:11 PM Julien Morris moves to approve the minutes. George Thompson seconds. George Thompson states that in the meeting minutes on 7/21/16 were incomplete and needed to be addressed. Julien Morris moves to amend the motion to remove 7/21/16 from approval for tonight. Board unanimously approves minutes from 4/7/15, 7/7/15, 8/18/15, 9/8/15, 11/17/15 and 1/19/16. C. 06:05:38 PM Public Comment – no public comment 06:06:00 PM Mr. Rogers begins presentation stating that that a lot of information will be rolling out regarding the UDC Update. If the board members will not be present during Spring Break, it is important that they let staff know so they can plan accordingly. Mr. Rogers continues to discuss the time line for the UDC Update and the stages involved. He states that the 1st goal will be to implement the North 7th Plan. Mr. Rogers states that there will be another public meeting on March 29th in the Commission Chambers to transition from phase 1 to phase 2. 06:09:58 PM Commissioner Mehl questions when the next advisory board meeting will be. Mr. Rogers states that it is usually the second Tuesday, but is not yet scheduled. Commission Mehl requests a poll be taken to see who will be present on 3/15/16 for the Zoning Commission Meeting. Mr. Garberg requests the zoning commission receives a copy of Mr. Rogers’ presentation. D. 06:11:22 PM Action Items A. 06:11:27 PM 15579 – Downtown East Main ZMA (Saunders) Various Addresses Rezone 21.53 acres from B-2 Community Business and R-4 High Density Residential District to B-3 Central Business district and PLI Public Lands and Institutions district. Applicant and representative is the Downtown Bozeman Partnership for multiple landowners. 06:11:37 PM Chris Saunders begins staff presentation. 06:22:49 PM Board discusses voting on the Zone Map Amendment. Questioning when it should take place and whether a quorum would be required and the time line for it to get to the commission. Mr. Saunders states that the board must make a recommendation to the City Commission – whether in support or against. Mr. Saunders discusses previous zoning of the property to provide history. 06:24:21 PM Mr. Saunders concludes his presentation and notes that it makes very little difference for the Public Lands and Institutions, for the change from B2 to B3, the uses are very similar. The zoning of B3 is a lot less stringent than in B2. B3 allows greater height and smaller setbacks. He states the change would not affect Historic Preservation and parking. 06:25:46 PM Julien Morris questions if the board can amend the motion to not include certain pieces of property. Mr. Saunders states that they can, but it is not recommended by staff unless there’s a compelling difference in use. He explains that current businesses can continue to operate as they have been and sometimes even expand operations. 06:27:11 PM Julien Morris questions what other implications the ZMA may have on property value, taxes, etc. Mr. Saunders states that to the best of his knowledge, it will not change that – at least not to a degree that can be noted. 06:27:53 PM Mr. Garberg questions if the uses conform currently, Mr. Saunders states that it does not. Mr. Garberg questions if they will conform under the new zone, Mr. Saunders states that they do not – that they would fit best under an industrial zoning. 06:28:41 PM Mr. Mehl states that they will be changing some Residential to B-3. Mr. Saunders states that to the best of his knowledge, there are no occupied homes in the area that is changing from R4 to B3. 06:29:07 PM Mr. Saunders states that there are residential-type structures there, but they are not currently used as homes. 06:29:31 PM Board discusses how to move forward with continuing the meeting to a future board. 06:30:08 PM Applicant presentation – Chris Nauman – States that the goal of the zone map amendment was to have the zoning comply with the growth policy. In addition to have to move from a more suburban zoning district to more urban within the TIF district. 06:31:52 PM Board and Staff discuss means of providing Public Comment – comment at this meeting, the future meeting when the vote will take place and via written comment. 06:32:49 PM Jeff Ball – 323 South Wallace – States that he thinks the goal is to bring the whole area into the zone map amendment – but there’s a triangle of space that’s not being included and he recommends including it. 06:35:17 PM Anthony Tangero – 608 East Main – States that he is concerned with the non- conforming structures being under a microscope and if there is a business change of some sort, being held to the new standards. As a result, they oppose the change. He would like more clarification as to how the proposal affects him. 06:37:17 PM Close of the public hearing with continuing vote to a later meeting. 06:37:41 PM Board discusses whether they will discuss the issues of non-conforming properties. It is decided that the Staff Report should include information on this and be discussed next time. 06:38:01 PM Commissioner Mehl states that since the individual asking the question may not be here next time, that it may be best to address that question now – regarding non- conforming properties and the triangle not included. 06:38:06 PM Mr. Saunders states that the City owns that whole piece of land to the South. He states there’s no reason to change it now or change it later – staff does not object either way. 06:39:01 PM With regards to non-conforming uses, if you were lawfully existing, you can continue to operate your business whether it’s B2 or B3. This will not change the scrutiny placed on the business. There are opportunities to do maintenance and structural repairs as needed. He states the City is pretty loose with non-conforming structures and that the new zoning would be less restrictive than they currently are. Mr. Saunders states that he can do an addendum to the staff report to include that language. E. 06:41:15 PM FYI/Discussion – reminder to the board that they will be seeing information regarding North 7th and to let Staff know if they will be present on 3/15/16. F. 06:41:31 PM Adjournment For more information please contact Alicia Kennedy at akennedy@bozeman.net This board generally meets the first and third Tuesday of the month at 6:00pm Committee meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Chuck Winn at 582-3207 (TDD 582-2301).