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E X E C U T I V E S U M M A R Y CASE PLANNER: John M. Newman REVIEWED AND APPROVED BY: Mary McCrea PUBLIC HEARINGS: MCPB: December 15, 2009 CC: January 11, 2010 AGENDA ITEM: #6A. 1311 E. Broadway (former Missoula Athletic Club) Rezone Rezoning from OP-3 (Public Lands and Institutional) to C1-3 (Neighborhood Commercial, Intensity Designator = 3) APPLICANT & Rocky Mountain Development Group, Inc. FEE OWNER: 140 South 4th Street West #3 Missoula MT, 59801 LOCATION OF East Broadway approximately ½ mile east of the Eastgate Shopping REQUEST: Center and adjacent to the Clark Fork River. LEGAL Lot 2B of Gateway Gardens No. 1 Lots 1B and 2B Subdivision, DESCRIPTION: in Section 23 of Township 13 North, Range 19 West, P.M.M. (See Map LEGAL The legal ad was published in the Independent on November 26 NOTIFICATION: and December 3, 2009. The legal ad was published in the Missoulian on November 29 and December 6, 2009. The site was posted on November 30, 2009. Adjacent property owners within 150 ft. of the site were notified by certified mail on November 20, 2009. ZONING: OP-3 (Public Lands and Institutional) GROWTH POLICY: The applicable amendment to the 2005 Missoula County Growth Policy is the 1998 Missoula Urban Comprehensive Plan Update, which designates the southern one-eighth of the property as “Parks and Open Space” and the remainder of the parcel as “Community Commercial.” ---PAGE BREAK--- Surrounding Land Uses Surrounding Zoning North: County Land (Rail and Highway right-of-way) Mount Jumbo C-A1 (Open and Resource Lands) OP-2 (Open and Resource Lands) South: Clark Fork River Kim Williams Trail / Mount Sentinel Unzoned OP-1 (Open Space) East: Residential RM0.5 (Residential) West: Residential C1-4 (Neighborhood Commercial, Intensity Designator = 4 RECOMMENDATION THAT the zoning request be approved. 2 ---PAGE BREAK--- 3 MISSOULA CONSOLIDATED PLANNING BOARD 1311 E. Broadway (former Missoula Athletic Club site) Rezoning December 15, 2009 Agenda Item #6A I. RECOMMENDED MOTION THAT the request to rezone property legally described as Lot 2B of Gateway Gardens No. 1 Lots 1B and 2B Subdivision in Section 23 of Township 13 North, Range 19 West, P.M.M. from OP-3 (Public Lands and Institutional) to C1-3 (Neighborhood Commercial, Intensity Designator = 3) be approved based on the findings of fact in the staff report. II. INTRODUCTION The Office of Planning & Grants has received a request from Rick Wishcamper and Mike Bouchee of Rocky Mountain Development Group, Inc. to rezone property located at 1311 E. Broadway approximately ½ mile east of the Eastgate Shopping Center from OP-3 (Public Lands and Institutional) to C1-3 (Neighborhood Commercial, Intensity Designator = The property is legally described as Lot 2B of Gateway Gardens No. 1 Lots 1B and 2B Subdivision in Section 23 of Township 13 North Range 19 West P.M.M. (see Map The applicant requests the rezone in order to construct multi-family affordable housing on the site. III. REZONING REVIEW CRITERIA Findings of Fact: General Site Geography 1. The 3.38-acre subject property is located on the south side of East Broadway approximately ½ mile east of the Eastgate Shopping Center in Hellgate Canyon. 2. The subject property is the former site of the Missoula Athletic Club (MAC). MAC no longer operates on the subject property. 3. The subject property lies adjacent to and north of the Clark Fork River. 4. The subject property is accessed solely from East Broadway. 5. The subject property is within the Missoula Urban Transportation District and is served by Bus Route No. 4. 6. The subject property is inside the Urban Growth Area and the Wastewater Facilities Service Area. 7. The subject property is served by City sewer and Mountain Water Company. 8. The property is located within an established service area for Missoula hospitals and the City Fire and Police Departments. 9. The property is located within the Air Stagnation Zone. ---PAGE BREAK--- 4 Parcel History 10. The subject property was annexed into the City of Missoula on September 20, 1971 per Resolution No. 3063. The resolution did not zone the property upon annexation. 11. The subject property was zoned C-I Commercial by the City Council on October 18, 1971 per Ordinance No. 1417. 12. On September 10, 1973, the City Council held a Public Hearing regarding the Gateway Gardens No. 1 Subdivision plat, as well as a proposal to rezone Lots 2 and 3 of the proposed plat from C-I Commercial to RH High Rise Multiple-Dwelling Residential. At the meeting, a motion to approve the subdivision plat failed. However, because the property included in the proposed plat was described by metes and bounds, it was determined by the City Attorney that the proposal to rezone could proceed. A motion to rezone was subsequently approved, and the subject property currently proposed for rezoning was zoned RH High Rise Multiple-Dwelling Residential per Ordinance No. 1588. 13. The subdivision plat proposed for approval at the September 10, 1973 City Council meeting was subsequently filed on October 23, 1973, initially creating the subject property as Lot 2 of Gateway Gardens No. 1 Subdivision. The subject property was zoned RH High Rise Multiple-Dwelling Residential at the time of creation. 14. The subject property was rezoned from RH High Rise Multiple-Dwelling Residential to P-II Public Lands and Institutions by City Council on September 19, 1977 per Ordinance No. 1847. The rezoning was requested in order to construct an air-supported structure for use as a tennis facility. At the time, the P-II zoning district was the only city zoning district that expressly permitted “country clubs including but not limited to tennis, racquetball, handball, running track, sauna and hot baths.” 15. On August 24, 1983, an amended subdivision plat relocating the boundary lines between Lots 1 and 2 of Gateway Gardens No. 1 Subdivision was filed. The boundary line relocation survey created Lots 1A and 2A of Gateway Gardens No. 1 Subdivision and is recorded in Book 14 Page 35 Micro Records of Missoula County. 16. On July 25, 1986, an amended subdivision plat relocating the boundary lines between Lots 1A and 2A of Gateway Gardens No. 1 Subdivision was filed. The boundary line relocation survey created Lots 1B and 2B of Gateway Gardens No. 1 Subdivision and is recorded in Book 15 Page 24 Micro Records of Missoula County. 17. On November 4, 2009, the Title 20 Missoula City Zoning Code became effective. In the revised code, the P-II Public Lands and Institutions zoning district transitioned to the OP-3 Public Lands and Institutional zoning district. Comprehensive Plan 18. The applicable land use plan is the 1998 Missoula Urban Comprehensive Plan Update, an amendment to the 2005 Missoula County Growth Policy Update. 19. The land use plan designation for the majority of the subject property is “Community Commercial,” with approximately one-eighth of the parcel along the southern property boundary adjacent to the Clark Fork River designated “Parks and Open Space.” 20. Surrounding properties to the east and west of the subject property are designated “Community Commercial” by the 1998 plan. The southern portions of these parcels are designated “Parks and Open Space” similarly to the subject property. ---PAGE BREAK--- 5 21. Property to the south of the subject property is designated “Parks and Open Space” by the 1998 Missoula Urban Comprehensive Plan Update. This property consists of the Clark Fork River floodway and floodplain. 22. Property to the north of the subject property is not addressed in the plan. This property is state highway and railroad right-of-way. 23. It is likely that the 1998 Missoula Urban Comprehensive Plan Update designated the subject property “Community Commercial” to reflect the original 1971 zoning as well as the existing and anticipated uses, rather than the P-II Public Lands and Institutions zoning designation in place at the time the plan was adopted. 24. The “Community Commercial” designation of the 1998 Plan encourages the development of small commercial and retail centers clustered with mixed uses along arterials to serve adjoining residential neighborhoods. East Broadway adjacent to the subject property is classified as a Minor Arterial, and its frontage east and west of the subject property contains mixed residential and commercial uses. 25. Chapter 20.10 Business and Commercial Districts of the Title 20 Zoning Code states that Missoula’s commercial zoning districts are intended to accommodate and promote neighborhood- and community-serving business and commercial (e.g. retail, service, office) uses, as well as mixed-use development consisting of business uses and residential uses. 26. The Plan notes that small commercial and retail centers clustered with mixed uses serve to minimize “strip commercial” development along major roads, a pattern that both the 1998 Plan and the 1975 Missoula County Comprehensive Plan sought to avoid. 27. The 1998 Plan states that the “Community Commercial” land use designation is intended for those areas where goods and services may be conveniently accessed. The subject property is located along a Minor Arterial within close proximity to interstate highway access, public transportation, and downtown Missoula. 28. Chapter 20.10 “Business and Commercial Districts” of the Title 20 Zoning Code states that mixed-use development can help reduce vehicle travel demand and provide increased housing choice and transit-oriented densities. 29. It is likely that the 1998 Missoula Urban Comprehensive Plan Update designated the southern one-eighth of the subject property “Parks and Open Space” to reflect the presence of riparian vegetation types and steep river bank in this area, as well as to protect the 100-year floodplain of the Clark Fork River. 30. The “Parks and Open Space” designation is applied in the 1998 Plan in areas where environmental constraints, including but not limited to steep slope and floodplain, or public values make development inadvisable. This designation recommends limiting development. Zoning Districts 31. The subject property is zoned OP-3 Public Lands and Institutional and was the location of the Missoula Athletic Club. 32. The applicant is requesting to be rezoned to C1-3 Neighborhood Commercial, Intensity Designator = 3. ---PAGE BREAK--- 6 33. The subject property is surrounded by the following zoned lands: C1-4 Neighborhood Commercial, Intensity Designator = 4 to the west, RM0.5 Residential to the east, and C-A1 Open and Resource Lands (County) to the north. North of the rail and highway right-of-way adjacent to the northern property boundary is Mount Jumbo open space zoned OP-2 Open and Resource Lands. 34. The subject property borders unzoned land immediately to the south. This land consists of the Clark Fork River floodway. The property south of the Clark Fork River consists of the Kim Williams Trail and Mount Sentinel Open Space, zoned OP-1. 35. Residential uses are not permitted in the OP-3 Public Lands and Institutional zoning district. Public/civic uses including colleges and hospitals, as well as commercial uses including sports, funeral and internment services, and medical or government offices, are permitted. 36. The lot size, height and building setback standards of the OP-3 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. 37. Commercial, residential, and public/civic uses are permitted in the C1 Neighborhood Commercial zoning district. Uses permitted in the C1 district include, but are not limited to, mixed-use and single-purpose residential buildings, colleges, hospitals, libraries, animal services, eating and drinking establishments, lodging, offices, laundry service, retail sales, vehicle sales and service, light manufacturing, warehousing, and agriculture. 38. The 1998 Missoula Urban Comprehensive Plan designates the subject property “Community Commercial.” Chapter 7 of the 1998 Plan states that this designation is intended to encompass those retail goods and services, financial institutions, business and professional offices and personal services which are routinely used by residents. The uses permitted in the C1 Neighborhood Commercial district match those intended by the “Community Commercial” land-use designation in the 1998 Plan. 39. Intensity Designators described in the Title 20 zoning code indicate parcel and building standards for both B and C zoning districts. 40. The applicants propose an Intensity Designator of for the C1 Neighborhood Commercial district to be applied to the subject property. The parcel and building standards associated with the Intensity Designator are as follows: there is no minimum parcel area for commercial uses or vertical mixed-use buildings; the minimum parcel area for residential uses is 3,000 square feet, with 1,000 square feet required per unit in single-purpose residential buildings; the front yard setback is dictated by existing neighboring structures if abutting a residential district; the minimum rear yard setback shall equal 25% of the parcel depth to a maximum of 20 feet if abutting a residential district; the minimum side yard setback shall be equivalent to the neighboring district if abutting a residential district; the maximum building height is 65 feet. 41. The subject property abuts a C1-4 Neighborhood Commercial district to the west. Permitted uses in the C1-4 district are the same as those permitted in the proposed C1-3 district. 42. The building and parcel standards associated with the Intensity Designator are the same as those associated with the Intensity Designator, except that the maximum building height is 125 feet. ---PAGE BREAK--- 7 43. The subject property abuts a RM0.5 Residential district to the east. Uses permitted in the RM0.5 district include but are not limited to household living, limited residential daycare, libraries and cultural exhibits, parks and recreation, agriculture, and community gardens. 44. The lot size, height and building setback standards for the RM0.5 Residential district are as follows: the minimum parcel size is 3,000 square feet, with 500 square feet required per unit; the minimum front yard setback is 20 feet; the minimum interior side setback is 7.5 feet; the minimum street side setback is 10 feet; the minimum rear yard setback 20 feet; and the maximum building height is 125 feet. 45. The Intensity Designator is proposed for this rezoning in order to limit the maximum building height on the subject property. Adjacent properties to the east and west are permitted to build to 125 feet per the respective zoning districts. However, the maximum building height in the area is no greater than 65 feet. Restricting building height on the subject property to 65 feet per the Intensity Designator will ensure that new construction onsite is consistent with surrounding, existing development. 46. The subject property has a lot size of approximately 3.38 acres, which meets both the residential and commercial parcel size requirements for the C1-3 Neighborhood Commercial, Intensity Designator = 3 zoning district. There is no minimum parcel size for the OP-3 Public Lands and Institutional zoning district. 47. New structures will be required to meet the height requirements and front, side, and rear setback requirements of the C1-3 Neighborhood Commercial, Intensity Designator = 3 zoning district at building permit review. 48. Rezoning from OP-3 Public Lands and Institutional to C1-3 Neighborhood Commercial, Intensity Designator = 3 would expand the permitted uses on the subject property to include commercial and multi-family residential uses. 49. Parking and access requirements are contained in Chapter 20.60 of the zoning ordinance. Landscaping requirements are contained in Chapter 20.65. 50. The subject property abuts the Clark Fork River, its floodplain, and associated riparian vegetation to the south. Chapter 20.50 Natural Resource Protection, § 20.50.030, includes riparian resource protection requirements. These include but are not limited to submittal of a riparian resource management plan at building permit. The plan shall include a vegetation map; a description of the vegetation and its contribution to stream bank stabilization, erosion prevention, and wildlife habitat; and a description of how the riparian resource will be protected and maintained. Trail construction is permitted in riparian resource areas. 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 C1-3 Neighborhood Commercial, Intensity Designator = 3 zoning district complies with the “Community Commercial” land-use designation in the 1998 Missoula Urban Comprehensive Plan Update. 2. The existing OP-3 Public Lands and Institutional zoning district does not comply with the “Community Commercial” land-use plan designation in the 1998 Missoula Urban ---PAGE BREAK--- 8 Comprehensive Plan Update. 3. Chapter 20.50 Natural Resource Protection of the Title 20 Zoning District Standards requires a riparian management plan for protection of the riparian resources, which will bring development on this site into compliance with the intent of the “Parks and Open Space” designation of the 1998 Plan. 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 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. The rezoning would permit commercial and higher-density uses that could result in increased motorized and non-motorized traffic in the area. However, the subject property is accessed via a Minor Arterial roadway and is served by adequate pedestrian and commuter facilities capable of absorbing the additional traffic loads. 4. 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. 5. Conformance with parking requirements will be reviewed at time of building permit application. New construction and building expansions are subject to Chapters 20.60 (Parking and Access) and 20.65 (Landscaping) of the Title 20 zoning ordinance. 3. Whether the zoning considers the promotion of compatible urban growth; 1. The proposed rezoning complies with the “Community Commercial” land-use plan designation of the 1998 Missoula Urban Comprehensive Plan Update. 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 zoning districts with similar uses and with similar parcel and building standards, including the C1-4 Neighborhood Commercial and RM0.5 Residential districts. 4. The proposed rezoning would promote urban growth compatible with surrounding uses and would contribute to the consistency of property uses in this area by affording the opportunity to continue the established mixed-use trend along this portion of East Broadway with future development. 5. The proposed C1-3 district, with a maximum building height of 65 feet, promotes more compatible urban growth than would a C1-4 zoning district, with a maximum building height of 125 feet, in light of the predominant heights of existing structures on surrounding properties. ---PAGE BREAK--- 9 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 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 possible 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 prevent the applicant from proceeding with the intended development. 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 C1-3 Neighborhood Commercial, Intensity Designator = 3 zoning district permits both commercial and residential uses, which is consistent with surrounding land uses permitted per adjacent C1-4 and RM0.5 zoning districts. 3. The riparian protection requirements of the Title 20 Zoning Code will ensure compatible and appropriate use of the Clark Fork River floodplain and riparian area present in the southern portion of the property 4. The subject property is better suited for the uses and development permitted in the C1- 3 Neighborhood Commercial, Intensity Designator = 3 zoning district than for those permitted in the OP-3 Public Lands and Institutional zoning district. ---PAGE BREAK--- 10 IV. AGENCY COMMENT MUTD: SEE ATTACHMENT B CITY ENGINEERING: “Support for this project should be favorable given the following: Phil/Dave may look for a trail/access easement along the river edge; any/all curb/gutter, sidewalk approaches shall fully comply with current accessibility requirements (they have existing c/g + sw but the sections through the approaches is NOT compliant and I am not sure of the condition of the existing surface infrastructure; is there adequate sewer infrastructure, is a main extension going to be necessary…otherwise they should be good to go!” (Bob Hayes, Inspector/Plans Examiner) SEE ATTACHMENT C CITY ENGINEERING – “Please ask the applicant to identify all easements on the UTILITIES: property in order to define the buildable/usable property.” (Dennis Murphy, Utility Coordinator) HEALTH DEPARTMENT – WATER QUALITY DIVISION: No comment received prior to issuance of staff report. HEALTH DEPARTMENT – “The Air Division at the Health Department supports residential AIR QUALITY DIVISION: development that is near trails, services and parks. Since the proposed zoning change would allow the construction of multifamily housing units on this parcel and this location is near trails, the university, and other services, the Air Division supports this zoning change. We do request that facilities for all modes of transportation be built when this land is developed.” (Ben Schmidt, Air Quality Specialist) HEALTH DEPARTMENT: “This office has no concern over this zoning change.” (Tom Barger, Environmental Health Specialist) BICYCLE PEDESTRIAN “Do you know if any consideration was given to trail easement COORDINATOR: or development along the river at this location?” (Phil Smith, Bicycle OPG GRANTS DIVISION: No comment received prior to issuance of staff report. OPG TRANSPORTATION “No comments from us save that when (which I assume rather DIVISION: than “if”) you move on to site plan review, we’d like to see ADA-compliant sidewalks installed in order to improve access to the existing bus stop…The City’s Master Sidewalk Plan shows East Broadway as part of the complete secondary sidewalk network.” (Ann Cundy, Senior Transportation Planner) ---PAGE BREAK--- 11 BUILDING INSPECTION: “No comment.” (Don Verrue, Building Official) POLICE DEPARTMENT: No comment received prior to issuance of staff report. PARKS & RECREATION: “Parks & Recreation is in support of this project. We have met with the new owners on-site to discuss the need for a non- motorized trail parallel to the Clark Fork River to connect to properties east and west of the subject property. The applicants have indicated they are in support of the trail and will work with us during the design phase to determine the most appropriate location. However, because this is a request from OP-3 to C1-3, we believe it is appropriate to make sure that easement does in fact happen in conjunction with the rezone and thus recommend as a condition of approval that a 20’ wide non-motorized public access easement be granted to the City upon approval of the rezone. The exact location of the easement can be determined upon consultation with the applicant and Parks & Recreation.” (Jackie Corday, Open Space Program Manager) FIRE DEPARTMENT: No comment received prior to issuance of staff report. HISTORIC PRESERVATION: “The Missoula Historic Preservation Office has reviewed the proposal and has found no potential adverse effect on National Register of Historic Place qualities, or on identified historic or 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. Submittal Packet (includes letters of support from the Missoula Housing Authority, the University of Montana, and YWCA of Missoula) B. Agency Comment from Missoula Urban Transportation District dated November 19, 2009 C. Agency Comment from City Engineering dated November 27, 2009 ---PAGE BREAK--- 12