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E X E C U T I V E S U M M A R Y CASE PLANNER: Tim Worley KEMP NORTH JOHNSON KENSINGTON Z REVIEWED AND APPROVED BY: Mary McCrea PUBLIC HEARINGS: MCPB: May 18, 2010 CC: June 7, 2010 AGENDA ITEM: #6A. 2012 North Avenue Rezone Rezoning from RM2.7 (residential multi-dwelling) to C2-4 (Community Commercial, Intensity Designator = 4) APPLICANT & Eugene Matelich FEE OWNER: 3216 Bancroft Missoula MT, 59801 REPRESENTATIVE: Thomas C. Orr P. Mars Scott, P.C. Law Offices 2290 Garfield, Suite 200 P.O. Box 5988 Missoula, MT 59806 LOCATION OF Adjacent to Hellgate Tool, near the corner of North REQUEST: and Johnson. LEGAL Lots 25 and 26 Block 1 of Car Line Addition No. 2, and Lot 12 DESCRIPTION: Block 12 South Side Addition, located in Section 29 of Township 13 North, Range 19 West, P.M.M. (See Map LEGAL The legal ad was published in the Missoulian on May 2, 2010 NOTIFICATION: and May 9, 2010. The site was posted on April 30, 2010. Adjacent property owners within 150 ft. of the site were notified by certified mail on April 29, 2010 ZONING: RM2.7 (residential multi-dwelling) 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 “Residential,” with a recommended density of 12-16 dwelling units per acre. Location also covered by the 1995 Reserve Street Area Plan. ---PAGE BREAK--- Surrounding Land Uses Surrounding Zoning North: Residential RM2.7 (residential multi-dwelling) South: Residential RM2.7 (residential multi-dwelling) East: Commercial C1-4 (Neighborhood Commercial, Intensity Designator = 4) West: Residential RM2.7 (residential multi-dwelling) RECOMMENDATION THAT the zoning request be denied. 2 ---PAGE BREAK--- 3 MISSOULA CONSOLIDATED PLANNING BOARD 2012 North Avenue Rezoning May 18, 2010 Agenda Item #6A I. RECOMMENDED MOTION THAT the request to rezone property legally described as Lots 25 and 26 Block 1 of Car Line Addition No. 2 and Lot 12 Block 12 of South Side Addition, located in Section 29 of Township 13 North, Range 29 West (see Map P.M.M. from RM2.7 (residential multi-dwelling) to C2-4 (Community Commercial – Intensity Designator = be denied based on the findings of fact in the staff report. II. INTRODUCTION The Office of Planning & Grants has received a request from Eugene Matelich, represented by Tom Orr of P. Mars Scott and Associates to rezone property located at 2012 North Avenue from RM2.7 (residential multi-dwelling) to C2-4 (Community Commercial – Intensity Designator = The property is legally described as Lots 25 and 26 Block 1 of Car Line Addition No. 2 and Lot 12 Block 12 of South Side Addition, located in Section 29 of Township 13 North, Range 29 West (see Map The applicant requests the rezone in order to allow for limited commercial auto repair and similar uses. III. REZONING REVIEW CRITERIA Findings of Fact: General Site Information 1. The subject property is located on North Avenue, west of Hellgate Tool. It is approximately 10,700 square-feet in size. 2. The subject property fronts on North Avenue, a neighborhood street, and abuts a public alley to the rear. Johnson (Street) is classified as a collector street, and is located half of a block to the east of the property. 3. The site is paved in areas of the lot not occupied by structures. The amount of off-street parking available is unknown, as the paved area is not striped for parking spaces, which is required by the Missoula Municipal Code. 4. The subject property is within the Missoula Urban Transportation District and is served by Bus Route No. 8. 5. The subject property is inside the Urban Growth Area and the Wastewater Facilities Service Area. The subject property is served by City sewer and Mountain Water Company. 6. The property is located within an established service area for Missoula hospitals and the City Fire and Police Departments. 7. The property is located within the Air Stagnation Zone. ---PAGE BREAK--- 4 Parcel History 8. The subject property was unzoned land in Missoula County in 1973. The Missoula City Directory confirmed cabinet making as the use on the property at this time. 9. The property legal description in 1973 excluded Lot 12 Block 12 of the South Side Addition. This lot was purchased later and added as part of 2012 North Avenue’s legal description. 10. The property was zoned C-R2 in the County on October 8, 1976. This residential zoning allows for 16 dwelling units per acre with a minimum lot area of 5,400 square feet. 11. The property was annexed into the City of Missoula on January 22, 1996. The property was zoned R-XII upon annexation. R-XII zoning permitted 12 dwelling units per acre. Up to 16 dwelling units per acre was permitted in this district upon following neighborhood compatibility design standards in Title 19, the Missoula City Zoning Ordinance in effect in 1996. 12. The County C-R2 zoning did not permit commercial uses on the property. 13. Polk Directory information indicates a cabinet shop at 2012 North Avenue between 1973 and 1980. This use spanned the transition from the parcel being unzoned in the county, to it being zoned C-R2 in the county. This use is equivalent to C1-4 in Title 20, the Missoula City Zoning Ordinance. 14. On March 25, 1986 the 2012 North Avenue property went before the Missoula County Board of Adjustment (BOA) in order to replace a nonconforming use from a cabinet making shop to commercial warehouse. This was a (use) variance request, and was approved subject to several conditions of approval. 15. The approved variance allowed for a commercial warehouse use for the storage of equipment, tools and trailers. A variance was also granted from side and rear-yard setbacks for an addition to the existing building, as well as from paving requirements. 16. The 2012 North Avenue property was the subject of a complaint on September 7, 2007. The complaint alleged auto body/paint shop uses on the site, as well as the possibility of mechanical work and sales at this location. Hazardous chemical use in a residentially-zoned location were noted as a concern in the complaint. 17. On January 14, 2010, the Office of Planning and Grants (OPG) issued a Notice of Zoning and Board of Adjustment (Condition) Violations and Order to Take Corrective Action (“Notice of Violations”) that included the 1986 BOA requirements not met as of January 2010. 18. The applicant’s property currently is not in compliance with multiple conditions dating back to the 1986 County BOA decision. One condition required landscaping according to the requirements of the Missoula County Zoning Ordinance. 19. Landscaping requirements in the Missoula County Zoning Ordinance include a 5’ wide landscape buffer along the western property boundary with its residential use and zoning, and 5-foot wide landscaping with street trees every 50 feet along the North Avenue frontage of the property. 20. Another condition of the 1986 County BOA approval prohibited outdoor storage. One exception was allowed for “a vehicle parked on the driveway.” 21. The January 14, 2010 Notice of Violations documented multiple cars on the paved parking area of the 2012 North Avenue property. Multiple cars were observed at the time of OPG staff visits, including two visits in January 2010, and one visit in April 2010. ---PAGE BREAK--- 5 22. Other violations cited in the Notice of Violations and Order to Take Corrective Action include auto body repair/body/paint/sales not approved as part of the variance in 1986. The property remained subject to C-R2 County Zoning standards at the time, which prohibited these automobile-related uses. 23. The Notice of Violations also noted the presence of a trailer used as a construction office. The 1986 County BOA variance was granted in order to allow a commercial warehouse for the storage of equipment, tools and trailers. The trailer on the site is not being stored as part of a warehouse. The trailer is skirted and being used a construction office. Comprehensive Plan 24. The applicable land use plans are the 1998 Missoula Urban Comprehensive Plan Update (“1998 Plan”), and the Reserve Street Area Plan—1995 Update (“Reserve Street Plan”), both amendments to the 2005 Missoula County Growth Policy Update. The land use designation for the property is Residential in the 1998 Plan, with a recommended density of 12-16 dwelling units per acre. 25. Properties on all sides of the subject property have Residential land use designations according to the 1998 Plan, including the Hellgate Tool property immediately to the east. The nearest properties with a commercial land use designation are on the north side of North Avenue and east of Johnson, within approximately 250 feet of the property. These properties are designated per the 1998 Plan for Community and Highway/Heavy Commercial land uses. Properties southeast of the Johnson/North Avenue intersection are within approximately 300 feet of the property, and designated by the 1998 Plan for Highway/Heavy Commercial land uses. 26. The 1998 Plan recommends multi-family development in the area between Kemp and Russell, as at the time of the 1998 Plan’s completion, and referencing the 1975 Urban Area Plan, there were fewer multi-family units in this area than the urban-area average. 27. Highway-oriented heavy commercial is intended to accommodate those uses which have unique land use needs and impacts, and uses with large land requirements. Uses may include those that are automobile or heavy equipment related. 28. Community Commercial is intended to encompass retail goods and services, financial institutions, business and professional offices and personal services which are routinely used by residents. Access convenience is a goal with Community Commercial. 29. Land use goals in the 1998 Plan include the creation of smooth transitions from commercial to non-commercial uses. 30. The Reserve Street Area Plan—1995 Update (“Reserve Street Plan”) discourages new commercial or industrial development from locating in the established residential neighborhoods. 31. The Reserve Street Plan encourages the scattered-site heavy commercial and industrial facilities which exist in the midst of predominantly residential neighborhoods (either in violation of zoning or in the absence of zoning) to relocate to designated commercial and industrial areas of the community. The expansion and reconstruction of such facilities, in the event of major structural damage, should not be allowed. 32. The Reserve Street Plan calls for limiting the existing heavy commercial and industrial district along Johnson Street, north of South Avenue. ---PAGE BREAK--- 6 Zoning 33. The entire block, including the 2012 North Avenue property, is zoned RM2.7, with the exception of the Hellgate Tool parcel (1804 North Avenue) to the east. This parcel is zoned C1-4. 34. The Hellgate Tool rezoning took place shortly after this property was annexed into the City of Missoula in 1996. The applicants requested a more intensive C-II zoning (equivalent to C2-4 in Title 20), but City Council approved a rezoning to C-I (C1-4 in Title 20). 35. Partial justification for City Council’s rezoning to C1-4 included the historic uses on the adjacent 2012 North Avenue property. Historic uses included a cabinet shop, tool shop and tool warehousing. 36. Currently there is a transition from C2-4-zoned properties east of Johnson Street and north of North Avenue, to C1-4 at the corner of Johnson and North (Hellgate Tool), to RM2.7 (residential zoning) west of Hellgate Tool and covering most of this block. 37. The applicant has requested a rezoning to C2-4. The request has been noticed according to Title 20, and the application as currently submitted can only be publicly noticed and reviewed as a request for C2-4 zoning. Due to the public notification requirements in state law and the zoning regulations, any consideration of C1-4 zoning at 2012 North Avenue could only occur as a new rezoning request and review. 38. Intensity Designators described in the Title 20 zoning code indicate parcel and building standards for both Business and Commercial zoning districts. 39. The applicant is requesting to be rezoned to C2-4, Community Commercial, Intensity Designator = 4. This district has the highest intensity of the commercial districts in Title 20. 40. The proposed C2-4 zoning would allow a number of uses beyond what is permitted by the 1986 County BOA approval. These include construction sales and service, motor vehicle repair (general), and manufacturing, production and industrial service. 41. If approved, C2-4 zoning would require no minimum parcel area, except for in the case of a single-purpose residential building, which requires 3000 square feet for minimum parcel size, and a minimum parcel area per unit of 1000 square feet. Front yard and side yard setbacks would be subject to matching the setback of the adjacent RM2.7 zoned parcel to the west. Maximum building height is also 35 feet because of the adjacent residential zoning. 42. The lot size, height and building setback standards for the RM2.7 Residential district are as follows: the minimum parcel size is 3,000 square feet, with 3000 square feet required per unit; the minimum front yard setback is 20 feet; the minimum interior side setback is 5 feet; the minimum street side setback is 10 feet; the minimum rear yard setback 20 feet; and the maximum building height is 30/35 feet. 43. 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 C2-4 (Community Commercial – Intensity Designator = 4) does not ---PAGE BREAK--- 7 comply with the land use designation in the 1998 Missoula Urban Comprehensive Plan Update. The land use designation for the property is Residential, with a recommended density of 12-16 dwelling units per acre. 2. The proposed C2-4 zoning does not comply with the land use recommendations in the Reserve Street Area Plan, 1995 Update by encouraging new commercial development from locating in the established residential neighborhoods. 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. Development allowed by the requested rezoning will not be adequately served by public roads, as North Avenue is classified as a neighborhood street west of the Johnson Street intersection, and therefore adjacent to this property. The rezoning would permit commercial uses that could result in an increase in commercial vehicle traffic on a portion of North Avenue designed to serve neighborhood traffic. 2. The area is inside the Urban Growth Area and the Sewer Service Area and is currently served by City Sewer and the Mountain Water Company. 3. 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. 4. The amount of off-street parking and loading area is unknown, as the paved areas onsite have not been striped for parking spaces. It cannot be confirmed whether or not the current paved areas provide adequate parking and unloading areas for the suite of potential uses under C2-4 zoning. 3. Whether the zoning considers the promotion of compatible urban growth; 1. The proposed rezoning does not comply with the Residential land-use designation (12- 16 dwelling units per acre) of the 1998 Missoula Urban Comprehensive Plan Update for this location. 2. The subject property is inside the Urban Growth Area and the Wastewater Service Area, and is served by adequate public facilities. 3. The subject property lies adjacent to a less-intense commercial zoning district (C1-4) to the east than that proposed, and RM2.7 residential zoning on all other sides. The proposed C2-4 zoning interrupts the current transition from commercial to residential uses, increases the intensity of allowed commercial uses immediately adjacent to a large area of residential zoning, and potentially erodes residential zoning on this block and in the larger RM2.7-zoned neighborhood. 4. The subject property is paved in almost all areas of the site not covered by structures and is fenced with barbed wire at the top, which is not compatible with adjacent residential uses. 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 ---PAGE BREAK--- 8 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 of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application; 1. Motor vehicle repair (general), which is allowed in the C2-4 zoning, could negatively impact the health, safety and welfare of adjacent residential properties by allowing for repair or servicing of commercial vehicles or heavy equipment or body work, painting, or major repairs to passenger vehicles. These uses have the potential to create noise, and release odors/hazardous chemicals affecting adjacent residential properties. 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, as commercial building heights are restricted by adjacent residential zoning. 4. Any new construction on this site will be subject to Uniform Building and Uniform Fires Codes. 5. Approval of a rezoning to C2-4 at this location may adversely affect the value of nearby properties. 6. Because of the incompatibility of the uses allowed by the proposed rezoning with surrounding uses, particularly to the north and west, the proposed rezoning will not result in the most appropriate use of the land. 7. Some gain to public health, safety, or general welfare is foreseen as a result of denial of the rezoning application. 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 appears unsuitable for the subject property. The proposed C2-4 zoning does not match the character of the district by introducing an intensity of commercial use potential exceeding that of the ongoing historic uses on the property, both legal nonconforming and illegal nonconforming. 2. The C2-4 Community Commercial, Intensity Designator = 4 zoning district permits both commercial and residential uses. This allowance for commercial uses is inconsistent with RM2.7 residential multi-dwelling zoning to the north, south and west. Some land uses allowed by the proposed C2-4 zoning overlap with allowed land uses for the adjacent C1-4 zoning to the east. 3. The property has not been used for residential uses consistent with the RM2.7 zoning for some time. Some scale of commercial uses may be appropriate on the subject property, but not the commercial intensity allowed by C2-4. ---PAGE BREAK--- 9 IV. AGENCY COMMENT MUTD: “Mountain Line has no comments.” (Stephanie Lawson Millar, Mountain Line) CITY ENGINEERING: “City Engineering has no concerns.” HEALTH DEPARTMENT – WATER QUALITY DIVISION: No comment received prior to issuance of staff report. HEALTH DEPARTMENT – “My concern with this zoning request is that the applicant AIR QUALITY DIVISION: mentions an auto repair facility could be placed at this location. If this auto repair includes painting or other activities that could release volatile chemicals into the air, any immediately adjacent residential properties could be negatively impacted. Based on the submitted information, it appears that some of the surrounding properties may be residential.” (Ben Schmidt, Air Quality Specialist) HEALTH DEPARTMENT – “I have no particular concerns with this rezoning request. I did WATER QUALITY DIVISION: a quick inspection of the facility and found nothing that is currently violating the Water Quality Ordinance or permitting requirements. Thanks.” (Travis Ross, Water Quality Specialist) BICYCLE PEDESTRIAN How about sidewalks? COORDINATOR: (Phil Smith, Bicycle-Pedestrian coordinator) OPG TRANSPORTATION “OPG Transportation has no concerns.” (Ann Cundy, Senior DIVISION: Transportation Planner) BUILDING INSPECTION: “No comment.” (Don Verrue, Building Official) POLICE DEPARTMENT: No comment received prior to issuance of staff report. PARKS & RECREATION: “We do not have any park or trail concerns regarding this rezoning request.” (Jackie Corday, Open Space Program Manager) FIRE DEPARTMENT: Missoula Fire Department has no adverse comments regarding this request. HISTORIC PRESERVATION: “The property is not within the boundaries of any National Register Historic District. The property contains no known or listed historic or archaeological resources. Therefore, in my opinion, this project would have no adverse effect on National Register of Historic Places qualities or on identified historic or ---PAGE BREAK--- 10 cultural resources.” (Philip Maechling, Missoula Historic Preservation Office) 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. Request Letter on Behalf of Applicant, March 18, 2010 B. Complaint received September 7, 2007 C. Letter of Corrective Action from Pat Keiley, OPG ---PAGE BREAK--- ATTACHMENT A 11 ---PAGE BREAK--- ATTACHMENT B 12 ---PAGE BREAK--- 13 ATTACHMENT C ---PAGE BREAK--- 14 ---PAGE BREAK--- 15 ---PAGE BREAK--- 16 ---PAGE BREAK--- 17 ---PAGE BREAK--- 18 Photo 1 – Outdoor storage at 2012 North Avenue Photo 2 – Outdoor storage at 2012 North Avenue Photo 3 – Outdoor storage at 2012 North Avenue with unapproved signage Photo 4 – Closeup of signage Photo 6 – Trailer being used as a construction office Photo 5 – Outdoor storage of auto parts