Proposed zoning changes come to council

Posted 2/5/15

Instead, after a public hearing, it tabled the first reading and vote and decided to take some time to study them. The nine proposed ordinances are scheduled to be voted on during the March 2 meeting. Three rounds of approval are …

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Proposed zoning changes come to council

Posted

After two years of effort, proposed revisions to zoning in Powell came before the City Council Monday night, but the council did not act on it.

Instead, after a public hearing, it tabled the first reading and vote and decided to take some time to study them. The nine proposed ordinances are scheduled to be voted on during the March 2 meeting. Three rounds of approval are needed.

“That’s a lot of stuff there,” Mayor Don Hillman said.

Councilman Jim Hillberry proposed tabling the proposed amendments to allow for more time to study them. Hillberry said he was aware that would push it back for a few weeks. The commission last brought the proposals to the council last spring. There have been some changes since then.

“It’s a lot to digest all at one time,” Councilman Eric Paul.

“I don’t want to get into a huge rush on this,” Hillberry said, noting they could have a major impact on the community.

The changes, which are additions and amendments to the Powell City Code, have been worked on by the Powell

Planning and Zoning Commission, particularly by Chairman John Sides and longtime Commissioner John Campbell (see related story).

The work began after the Gateway West project was launched and developers sought “calmer” zoning. That was not allowed at the time by the city code, but it led to the proposed creation of the Light Business Commercial District and, eventually, to other zones.

The changes include setting minimum lot sizes, setbacks from the street and what is allowed in the various zones.

Sides said commissioners and city staff have worked to inform the council as the process went along. It was a lengthy, involved process, he admitted.

“Kind of like herding cats sometimes,” Sides said. “But I think we have come up with some good zones.”

The proposed new and modified zones would be:

• General Residential Restricted District.

In addition to single-family homes and duplexes, this zone would allow churches and church facilities, colleges and universities, hospitals, nursing homes, sanitariums, swimming pools and nonprofit recreational facilities and accessory structures.

Industrial and commercial businesses would be prohibited, as would high-density, multiple family units, such as apartment complexes.

• Residential Mixed Use District Zone.

This would be a residential area where single-family homes, duplexes, mobile homes — but not mobile home parks — and multi-family structures would be allowed. Some commercial entities would be permitted in these areas, such as plumbing, automobile repair, gas stations and other businesses. Churches would also be allowed.

• Downtown Core Business District

This will further define what is allowed in the city business core, if downtown business owners seek “additional protection” and apply for a change, according to Campbell. If they do not do so, the core will remain just as it is, he said.

The goal is to create a “pedestrian-oriented shopping area that supports a range of retail sales and services to the community.”

It also is intended to promote “the development of, and continued use of, land for retail, service, public and private office and associated businesses and commercial uses” that would fit in such a zone.

In addition to retail businesses and offices, personal service shops, hotels, motels and convention centers, government offices, libraries, museums and other uses would be allowed in the zone.

• Light Business Commercial District

This would be designated for “auto-oriented” businesses, such as business parks along with retail, service and light industrial businesses.

Agriculture processing facilities, auto and vehicle sales, lumber yards and other businesses, including warehouses and storage units, would be prohibited.

• Neighborhood Business Zone

These would be “small sites in or near residential neighborhoods” that offer retail businesses such as a grocery, restaurant or cafe, flower shop, hair salon or barber shop. Businesses would be allowed to serve liquor, but only as part of a restaurant. No “pool tables, cards, darts and similar activities” would be allowed, and the businesses could not have a tavern or sports bar-like atmosphere.

Hillberry said he “had concerns” about allowing businesses in residential areas.

Campbell said these zones are designed for new developments. A developer could propose rezoning city property to place businesses in existing residential areas, but that would require going through the Planning Commission and the City Council, where area residents could have their say.

“It would likely not pass,” he said. “I don’t see any places in the city this would take place.”

In addition, such development can only happen on arterial and collector streets. Campbell predicted it would most likely occur near the college or Powell Valley Hospital, where a large group of people would make a commercial enterprise worthwhile.

“This would entirely be up to a developer to design this,” he said.

The concept was inspired by small “pocket development areas” in Billings and other cities, Campbell said. People may find it attractive not to have to get into a vehicle to pick up something they need or want, he said.

None of the businesses could have drive-up services and parking would be limited as well. Originally, this would only have been allowed in new residential areas, but the completed plan calls for allowing them to be located adjacent to any residential area.

The plan also calls for modifying permitted uses in these zones, which provide guidance on what can and cannot be located within them with an exemption from the city, and deleting some from residential uses as well as amending permitted uses, establishing conditional use procedures and changing a section of the code and setting up a zone for mobile homes and travel trailers.

Among these changes would be removing residential areas from industrial areas, Sides said.

“It’s just not very common to have residential uses in an industrial zone,” he said.

It would also allow automobile businesses in Business General zones. Currently, that is not in the code, which caused some problems with existing businesses in those locations. This will alleviate that, Sides said.

The city is also establishing the procedure for conditional uses in these zones. The uses must adhere to state law and applicable city ordinances and must comply with “the objectives of the general plan or area plan,” nor can it can cause a negative impact.

It’s an “additional protection” for the integrity of neighborhoods, he said.

Campbell said he is glad the mayor and council are taking their time.

“I wouldn’t want them to act on anything they were not comfortable with,” he said.

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