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M CAMPUS KIM WILLIAMS BROADWAY J Grizzly Stadium Clark Fork River E X E C U T I V E S U M M A R Y CASE PLANNER: Tim Worley REVIEWED AND APPROVED BY: Mary McCrea PUBLIC HEARINGS: MCPB: June 29, 2010 CC: July 19, 2010 AGENDA ITEM: #6A. UM Facility Services Compound Rezone (NE corner of UM Campus) Rezoning from R8 (Residential 8,000 sq. ft. per dwelling unit) to OP- 3 (Public Lands and Institutional) APPLICANT & University of Montana FEE OWNER: Missoula, MT 59801 LOCATION OF Along Campus Drive south of the Clark Fork River and the former REQUEST: Milwaukee Railroad Right-of-Way in the vicinity of Jacobs Island. LEGAL Plat H, a tract in the SE ¼ SE ¼ of Section 22, Township 13 DESCRIPTION: North, Range 19 West (See Map J) LEGAL The legal ad was published in the Missoulian on June 13, 2010 and NOTIFICATION: June 20, 2010. The site was posted on June 11, 2010. Adjacent property owners within 150 ft. of the site were notified by certified mail on June 11, 2010. ZONING: R8 (Residential, 8,000 sq. ft. per dwelling unit) GROWTH POLICY: The applicable amendment to the 2005 Missoula County Growth Policy is the 1998 Missoula Urban Comprehensive Plan Update, which designates the property as “Public and Quasi-public Lands and Facilities”. Surrounding Land Uses Surrounding Zoning North: Kim Williams Trail (former Milwaukee Railroad right-of-way) OP1 (Open Space) South: County Lands, U of M Campus and Mount Sentinel C-P1 (Public Lands and Institutions) County East: Kim Williams Trail, Clark Fork River OP1 (Open Space) West: U of M Campus OP3 (Public Lands and Institutional) RECOMMENDATION THAT the zoning request be approved. ---PAGE BREAK--- 2 MISSOULA CONSOLIDATED PLANNING BOARD UM Facility Services Compound Rezone (NE corner of UM Campus) June 29, 2010 Agenda Item #6A I. RECOMMENDED MOTION THAT the request to rezone property legally described as Plat H, a tract in the SE ¼ SE ¼ of Section 22, Township 13 North, Range 19 West, P.M.M. from R8 (Residential, 8,000 sq. ft. per dwelling unit) to OP-3 (Public Lands and Institutional) be approved based on the findings of fact in the staff report. II. INTRODUCTION The Office of Planning & Grants has received a request from the University of Montana to rezone property located along Campus Drive south of the Clark Fork River and the former Milwaukee Railroad Right-of-Way in the vicinity of Jacobs Island from R8 (Residential, 8,000 sq. ft. per dwelling unit) to OP-3 (Public Lands and Institutional). The applicant requests the rezone in order to accommodate the Facilities Services compound and the Washington Grizzly Stadium that currently occupy the site. Most of the University of Montana campus is zoned OP3 (Public Lands and Institutional). The affect of the current R8 (Residential, 8,000 sq. ft. per dwelling unit) zoning is that whenever the University of Montana needs to maintain or upgrade their facilities on this parcel they are required to go to the Board of Adjustment for a Public Forum. III. REZONING REVIEW CRITERIA Findings of Fact: General Site Geography 1. The 9.79-acre subject property is located along Campus Drive south of the Clark Fork River and the former Milwaukee Road Right-of-Way in the vicinity of Jacobs Island. 2. The subject property contains a portion of the Washington Grizzly Stadium and the University of Montana Facilities Services compound, which includes the UM Shops, motor pool, general work yard and storage for landscape materials. 3. The subject property is accessed solely from Campus Drive. 4. The subject property is within the Missoula Urban Transportation District and is served by Mountain Line Bus Routes No. 1, 8 and 12. The subject property is also served by the UM Park and Ride Shuttle Service. 5. The subject property is inside the Urban Growth Area and the Wastewater Facilities Service Area. 6. The subject property is served by City sewer and Mountain Water Company. 7. The property is located within an established service area for Missoula hospitals and the City Fire and Police Departments. 8. The property is located within the Air Stagnation Zone. ---PAGE BREAK--- 3 Parcel History 9. The parcel is included in a list of contiguous parcels owned by the Alumni Challenge Athletic Field Corporation, c. 1945. These properties, including the subject property, were conveyed to the University July 19, 1945. 10. The subject property was annexed into the City of Missoula in May of 1971 per Resolution No. 3017. 11. The subject property was zoned RR-1 per Ordinance No. 1382 on July 19, 1971. 12. On November 4, 2009, the Title 20 Missoula City Zoning Code became effective. In the revised code, the RR-1 (Residential) zoning district transitioned to the R8 (Residential) zoning district. Comprehensive Plan 13. The applicable land use plan is the 1998 Missoula Urban Comprehensive Plan Update, an amendment to the 2005 Missoula County Growth Policy Update. 14. The land use plan designation for the subject property is “Public and Quasi-public Lands and Facilities”. 15. Surrounding properties to the north and east of the subject property are designated “Parks and Open Space” by the 1998 plan. This property consists of the Clark Fork River floodway and floodplain. 16. Surrounding properties to the south and west of the subject property are designated “Public and Quasi-public Lands and Facilities” by the 1998 Missoula Urban Comprehensive Plan Update. This property consists of the University of Montana campus with Mount Sentinel beyond to the south. 17. The 1998 Missoula Urban Comprehensive Plan Update Public and Quasi-Public Lands and Facilities Chapter encourages identification of uses which have no private sector equivalent. 18. The “Public and Quasi-public Lands and Facilities” designation of the 1998 Plan is limited to those uses which have a uniquely public nature and to lands actually containing a public facility such as a school. The adjacent property to the south and west of the subject property contains the University of Montana campus, well established at the time of the 1998 Plan. Zoning Districts 19. The subject property is zoned R8 (Residential, 8,000 sq. ft. per dwelling unit). 20. The applicant is requesting to be rezoned to OP3 (Public Lands and Institutional). 21. The subject property is surrounded by the following zoned lands: OP3 (Public Lands and Institutional) to the west, OP1(Open Space) to the north and east, and C-P1 Public Lands and Institutions (County) to the south. 22. The subject property borders the Kim Williams trail and the Clark Fork River flood plain and floodway to the north. 23. Group Living Health Care Facility is the only residential use permitted in the OP3 Public Lands and Institutional zoning district. Other permitted uses include Public/civic uses such ---PAGE BREAK--- 4 as colleges, detention facilities, hospitals, libraries, parks, and schools. Some Commercial uses are permitted in the OP3 Public Lands and Institutional zoning district, such as entertainment/sports facilities, funeral and internment services, and medical or government offices. 24. The lot size, height and building setback standards of the OP3 Public Lands and Institutional district are as follows: there is no minimum parcel size; the minimum front yard setback is 30 feet; and the minimum interior side yard setback is 10 feet; the minimum street side setback is 15 feet; the minimum rear yard setback is 20 feet; the maximum building height is 45 feet; and no building shall cover more than 45% of the parcel area. 25. The subject property abuts an OP3 Public Lands and Institutional district to the west. The lot size, height and building setback standards are identical as that proposed for the subject property. 26. The subject property abuts an OP1 Open Space district to the north and east. Permitted uses in the OP1 district are parks/recreation, agriculture and community gardens. 27. The subject property abuts a (County) C-P1 Public Lands and Institutions district to the south. Uses permitted in the C-P1 district include but are not limited to airport facilities, public and quasi-public buildings and uses such as schools. 28. The lot size, height and building setback standards for the C-P1 Public Lands and Institutions district are as follows: there is no minimum parcel size; the minimum front yard setback is 25 feet; the minimum side and rear yard setbacks are 10 feet or 1/3 the height which ever is greater; and the maximum building height is 100 feet. 29. New structures will be required to meet the height requirements and front, side, and rear setback requirements of the OP3 Public Lands and Institutional district zoning district at building permit review. Any requirements not met are subject to a Public Forum at the Board of Adjustment. 30. Rezoning from R8 Residential to OP3 Public Lands and Institutional would change the permitted uses on the subject property to include public/civic uses and commercial uses. 31. Parking and access requirements are contained in Chapter 20.60 of the zoning ordinance. Landscaping requirements are contained in Chapter 20.65. Conclusions of Law: 1a. Whether the zoning is made in accordance with a growth policy; 1b. Whether the proposed rezoning is in substantial conformance with the growth policy and other adopted plans and policies affecting the area proposed to be rezoned; 1. The proposed OP-3 Public Lands and Institutional zoning district complies with the “Public and Quasi-public Lands and Facilities” land-use designation in the 1998 Missoula Urban Comprehensive Plan Update. 2. The proposed OP3 Public Lands and Institutional zoning district complies with the land use goal in the 1998 Missoula Urban Comprehensive Plan Update, as the property has no private sector equivalent as enumerated in the Plan. The proposed zoning district most appropriately accommodates current ownership and land use. 3. The proposed OP3 Public Lands and Institutional zoning district is the most appropriate in accommodating uses and facilities with a uniquely public nature on this property. ---PAGE BREAK--- 5 2a. Whether public facilities (infrastructure) and services will be adequate to serve development allowed by the requested rezoning; 2b. Whether the zoning is designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; 2c. Whether the zoning considers the effect on motorized and non-motorized transportation systems; 1. University facilities allowed by the requested rezoning will be served by adequate public facilities and services, and will further facilitate the adequate provision of public services, because the area is inside the Urban Growth Area and the Sewer Service Area and is currently served by public infrastructure including City Sewer and Mountain Water Company. 2. The City of Missoula currently serves the area with police and fire protection. Law enforcement personnel and procedures are available to address potential problems of noise, property damage, or personal injury. 3. Off-street parking and loading requirements have the potential to aid in lessening congestion in the streets. Any future development of the site will be reviewed for compliance with parking and loading requirements at the time of building permit review. Any deviation from the parking chapter in Title 20 is subject to a Public Forum at the Board of Adjustment. 4. The UM Park and Ride and Mountain Line Bus Service are adequate in providing for the mass transit needs in the portion of the campus proposed for rezoning. Demands on this service are not expected to change following rezoning. 5. Conformance with parking requirements will be reviewed at time of building permit application submittals. New construction and building expansions are subject to Chapters 20.60 (Parking and Access) and 20.65 (Landscaping) of the Title 20 zoning ordinance. Any deviation from the Title 20 zoning ordinance is subject to a Public Forum at the Board of Adjustment. 3. Whether the zoning considers the promotion of compatible urban growth; 1. The proposed rezoning complies with “Public and Quasi-public Lands and Facilities” land-use designation in the 1998 Missoula Urban Comprehensive Plan Update. 2. The subject property lies adjacent to other Open Space and Public Districts, with similar uses and use standards, including the OP3 and OP1. 3. The proposed rezoning is the equivalent zoning of the majority of University of Montana lands and therefore compatible with this portion of the urban area. 4a. Whether the zoning is designed to promote public health, public safety, and the general welfare; 4b. Whether the rezoning will substantially harm the public health, safety or general welfare or the value of nearby properties; 4c. Whether the zoning is designed to secure safety from fire and other dangers; 4d. Whether the zoning considers the reasonable provision of adequate light and air; 4e. Whether the zoning conserves the value of buildings and encourages the most appropriate use of land throughout the jurisdictional area; 4f. The gain, if any, to the public health, safety and general welfare due to denial ---PAGE BREAK--- 6 of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application; 1. The proposed rezoning will not adversely affect public health, safety, or general welfare. 2. Emergency services, including the City of Missoula Police and Fire Departments are available to the area of rezoning. 3. This rezoning should not adversely impact the provision of adequate light and air. 4. New construction will be subject to Uniform Building and Uniform Fires Codes. 5. Careful building design of any new construction may conserve the value of this and nearby properties. 6. Because of the compatibility of the uses allowed by the proposed rezoning with surrounding uses, the proposed rezoning should result in the most appropriate use of the land. 7. No substantial gain to public health, safety, or general welfare is foreseen as a result of denial of the rezoning application. Denial of the rezoning application would permit single dwelling residential on this property, which would have a potential negative effect on general welfare. 5a. Whether the zoning considers the character of the district and its peculiar suitability for particular uses; 5b. Whether the rezoning is compatible with the zoning and use of nearby property; 5c. The suitability of the subject property for the uses and development to which it has been restricted under the existing zoning regulations. 1. The rezoning request is suitable for the subject property and gives reasonable consideration to the character of the district. The subject property is adequately served by sewer and water, motorized, non-motorized and public modes of transportation, and is identified by the 1998 Missoula Urban Comprehensive Plan Update as a location where the uses permitted in the proposed zoning district are appropriate and beneficial. 2. The proposed rezoning accommodates existing uses by encouraging public, quasi- public and institutional uses. 3. The proposed OP3 Public Lands and Institutional zoning district is compatible with zoning and use of adjacent Open Space and Public Districts, including lands zoned OP3 (to the west), and OP1 (to the north and east) and C-P1(to the south). 4. The subject property is better suited for the uses and development permitted in the OP3 Public Lands and Institutional zoning district than for those permitted in the R8 Residential district. 5. OP3 Public Lands and Institutional zoning district would allow uses and development appropriate to the university setting that now require Board of Adjustment Public Forums. IV. AGENCY COMMENT MUTD: “Mountain Line has no comments on this UM rezone.” (Stephanie Lawson Millar, Mountain Line) CITY ENGINEERING: “No comment.” (Kevin Slovarp, City Engineer) ---PAGE BREAK--- 7 HEALTH DEPARTMENT – WATER QUALITY DIVISION: No comment received prior to issuance of staff report. HEALTH DEPARTMENT – “The Air Division at the Health Department has no concerns AIR QUALITY DIVISION: with requested UM campus zoning change.” (Ben Schmidt, Air Quality Specialist) HEALTH DEPARTMENT: No comment received prior to issuance of staff report. BICYCLE PEDESTRIAN No comment received prior to issuance of staff report. COORDINATOR: OPG GRANTS DIVISION: No comment received prior to issuance of staff report. OPG TRANSPORTATION “OPG Transportation does not have any comments.” DIVISION: (Ann Cundy, Senior Transportation Planner) BUILDING INSPECTION: No comment received prior to issuance of staff report. POLICE DEPARTMENT: No comment received prior to issuance of staff report. PARKS & RECREATION: “The subject property is surrounded by land zoned Open Space District (to the north and east), OP3 – Public Lands and Institutions in the City (to the west) and C-P1 – Public Lands and Institutions in the county (to the south). Thus, it makes sense for this parcel to also be zoned OP3. We do not have any park or trail concerns.” (Jackie Corday, Open Space Program Manager) FIRE DEPARTMENT: “City Fire Department has no adverse comments regarding this rezoning request.” (Bob Rajala, Fire Marshal) HISTORIC PRESERVATION: No comment received prior to issuance of staff report. URBAN INITIATIVES: No comment received prior to issuance of staff report. CITY ATTORNEY: No comment received prior to issuance of staff report. V. ATTACHMENTS A. Summary Packet—Rezoning Request