HomeMy WebLinkAboutsimmental16206, Staff Report for the Simmental Zone Map Amendment Page 1 of 18
Application 16206, Zoning Commission Staff Report for the Simmental
Zone Map Amendment
Public Hearing Dates: Zoning Commission public hearing is on June 21, 2016.
City Commission public hearing is on July 18, 2016.
Project Description: Zoning Map Amendment to rezone 7.406 acres from M-1, light manufacturing district to B-2, community business district as allowed by Article 38.37 of the Bozeman Municipal Code.
Project Location: The property is addressed as 1 Simmental Way and is legally described as Tract 2, Lot 1, Gardner-Simmental Plaza Subdivision, Located in the East ½ of Section 35, Township One South, Range Five East, City of Bozeman, Gallatin County, Montana.
Recommendation: Approval of amendment with contingencies.
Zoning Commission Recommended Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 16206 and move to recommend approval of the Simmental Zone Map Amendment, with contingencies required to complete the application processing.
Report Date: June 15, 2016
Staff Contact: Mitch L. WerBell, Assistant Planner Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues No unresolved issues have been identified at this time.
Project Summary This is a Zone Map Amendment application to rezone a 7.406 acre lot from M-1, light manufacturing to B-2 community business district. The subject property is located at 1 Simmental Way and the underlying land use designation was changed in February 2016 from Industrial to Regional Commercial and Services. The B-2 zoning district is an implementing district of the Regional Commercial and Services Future Land Use Designation as outlined in the Bozeman Community Plan. The proposed rezoning would
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eliminate the current conflict with the adopted land use designation and would allow for a broad range of uses to occur on the property. No subsequent development is proposed at this time. The Development Review Committee considered the application at its June 8, 2016 meeting and did not identify any regulatory or infrastructure constraints that would impede the amendment of the City of Bozeman Zoning Map to B-2 for this lot. No public comment has been received on this application as of the writing of this report.
Alternatives 1. Approve the application with the recommended contingencies; 2. Approve the application with modifications to the recommended contingencies; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................................ 1 Unresolved Issues ................................................................................................................................... 1 Project Summary..................................................................................................................................... 1 Alternatives ............................................................................................................................................... 2 SECTION 1 - MAP SERIES ............................................................................................................................ 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ................... 9 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS .......................................................... 9 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............................. 9 Section 76-2-304, MCA (Zoning) Criteria ................................................................................... 10 PROTEST NOTICE FOR ZONING AMENDMENTS ............................................................................ 13 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............................. 13 APPENDIX B - NOTICING AND PUBLIC COMMENT ....................................................................... 14 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................................... 14 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ........................................... 18 FISCAL EFFECTS .......................................................................................................................................... 18 ATTACHMENTS ........................................................................................................................................... 18
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SECTION 1 - MAP SERIES
Figure 1 – Current zoning
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Figure 2 – Community Plan land use designation
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Figure 3 – Current land use
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Figure 4 – Subject property, looking southeast from North 19th Avenue
Figure 5 – Subject property, looking west from Simmental Way
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Figure 6 – Exhibit
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SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment.
Recommended Contingencies of Approval: 1. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “Simmental Zone Map Amendment.” 2. The applicant must submit a zone amendment map, titled “Simmental Zone Map Amendment”, on a 24” by 36” mylar, an 8 ½” by 11” or 8 ½” by 14” paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Works, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Simmental Zone Map Amendment
Application: 16206 Having considered the criteria established for a Zone Map Amendment, Staff recommends approval of the Simmental Zone Map Amendment as submitted. The Development Review Committee considered the amendment on June 8, 2016. The Development Review Committee did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Zoning Commission will hold a public hearing on this Zone Map Amendment on June 21, 2016 and will forward a recommendation to the City Commission. The City Commission will hold a public meeting on the Zone Map Amendment on July 18, 2016. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. The City Commission will make the final decision on the application. SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. In considering the criteria the analysis must show that the amendment accomplishes criteria A-D. Criteria E-K must be considered and may be found to be affirmative, neutral, or negative. A favorable decision on the proposed application must find that the
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application meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy. Yes. The property is proposed to be amended from M-1, light manufacturing to B-2, community business district. The proposed amendment will eliminate a current conflict between the Future Land Use Designation and the current zoning. Table C-16 of the Bozeman Community Plan indicates B-2 as an implementing district of the underlying Regional Commercial and Services land use designation. The intent of this zoning district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. The subject property is one lot bounded by a major arterial street, North 19th Avenue and local street, Simmental Way. No conflicts with the growth policy have been identified.
B. Secure safety from fire and other dangers. Yes. The proposed change in zoning will not impact development standards adopted to address this standard. Emergency services are currently available to serve the property. Future development of the property is subject to the review by the City of Bozeman and development standards will be applied to address the criteria at such time. Regulatory provisions established for City of Bozeman zoning districts ensure an adequate transportation network, fire services and public utility lines.
C. Promote public health, public safety, and general welfare. Yes. Any change in use, redevelopment or further intensification requires review by the City of Bozeman and the property is subject to all state and local regulations to ensure public health, safety and general welfare. The intent of the Bozeman Unified Development Code is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law. The regulations set forth in the Unified Development Code apply uniformly to every zoning district. The code states, “In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the health, safety and general welfare of the community. In some instances the public interest will be best served when such minimums are exceeded. Wherever the requirements of this chapter are at variance with the requirements of any other
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lawfully adopted rules or regulations, or wherever there is an internal conflict within this chapter, the most restrictive requirements, or that imposing the higher standards, shall govern.”
D. Facilitate the provision of transportation, water, sewerage, schools, parks and
other public requirements. Yes. Existing transportation networks and public utilities adequately serve the site and will not be directly impacted by this amendment. Water and sanitary sewer mains are found to the east of the property adjacent to Simmental Way. Educational facilities and parks are accessed by the street network that connects to the property. Montana Code Annotated and the Bozeman Municipal Code set regulations for subdivision and development that will be applied to any land use application associated with this property in the future. Based on the proposed B-2 zoning and allowed uses, public infrastructure improvements will likely be required to develop the property and will be reviewed at the time application is made. The proposed B-2 zoning allows for a range of commercial uses and some residential. If residential uses are proposed, parkland and on-site residential open space may be required.
E. Reasonable provision of adequate light and air. Yes. The adopted standards in the Unified Development Code for the requested B-2 zoning district provide the necessary provisions including required yards, setbacks, lot coverage and building heights. Building setbacks have been established to allow for adequate light and air. The City’s zoning standards and construction standards of the International Building Code provide for adequate light and air. The subject property also falls within a Class I Entryway Corridor and any development is subject to additional provisions set forth in Chapter 38.17 of the Unified Development Code.
F. The effect on motorized and non-motorized transportation systems. Neutral. There is a potential connectivity limitation for future development on the subject property. At this time, the Montana Department of Transportation is unsupportive of allowing the connection of Simmental Way to North 19th Avenue due to the proximity of the Interstate 90 rest area to the north. Many uses allowed in the B-2 district are associated with increased trip generation in comparison to neighboring industrial uses. Potential increases in trip generation will be reviewed during the development review process where appropriate mitigation measures may be required. Sidewalks will be required with any future site development to connect to the property to the existing public sidewalk network. Any development is subject to the City’s Long Range Transportation Plan and Parks,
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Recreation, Open Space and Trails Plan. No subsequent development is proposed at this time.
G. Promotion of compatible urban growth. Yes. The existing fabric of the surrounding area is primarily composed of commercial uses along the arterial streets with residential development of varying density surrounding the commercial corridors. The proposed zoning will promote compatible urban growth and continue the commercial fabric found in the corridor.
H. Character of the district. Neutral. The North 19th corridor has primarily developed as commercial. Many commercial uses including financial institutions, hotels, large scale retail and restaurants exist to the west of the subject property. However, the properties to the south and east of the site extending to Baxter Lane are zoned M-1, light manufacturing district where the primary uses are industrial with a automobile sales and service center that borders the subject property directly to the south. This would be the first property on the east side of North 19th Avenue between Interstate 90 and Baxter Lane to be zoned as B-2, community business district.
I. Peculiar suitability for particular uses. Yes. The B-2 zoning district allows for a broad range of uses. The property has been determined appropriate for B-2 uses based on the underlying land use designation. Any change in use, further intensification or redevelopment of the property will be subject to development review by the City of Bozeman at such time application is made.
J. Conserving the value of buildings. Neutral. The buildings that currently exist on the subject property will likely be demolished and the property will be redeveloped for the maximum efficiency in use of the land. Neighboring building values will not likely be negatively impacted with the change in zoning on the subject property. Future redevelopment of the subject property may increase property values. Site development is subject to the Entryway Corridor Overlay District review criteria to ensure compatibility and additional design standards are met.
K. Encourage the most appropriate use of land throughout the jurisdictional
area. Yes. The staff analysis and findings for the above criteria demonstrate the proposed rezoning from M-1 to B-2 encourages the most appropriate uses on the subject property in relation to neighboring uses and zoning districts in the vicinity.
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PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND This is a Zone Map Amendment application proposing a rezone of a 7.406 acre lot located at 1 Simmental Way from M-1, light manufacturing to B-2 community business district. A Growth Policy Amendment application was reviewed by the City Commission on February 8, 2016 and the Future Land Use Designation for this property was subsequently changed from Industrial to Regional Commercial and Services. It was expected that the property owner would follow up with a Zone Map Amendment application after the Growth Policy Amendment was approved. The applicant submitted the formal Zone Map Amendment application on May 4, 2016 and proposes rezoning the property to B-2 to remain consistent with the Future Land Use Designation. The B-2 zoning district is an implementing district of the Regional Commercial and Services Future Land Use Designation as outlined in the Bozeman Community Plan. The proposed rezoning would eliminate the current conflict with the adopted land use designation and would allow for a broad range of uses to occur on the property. The building that currently exists on the subject property has served as the Bozeman office of the American Simmental Association. The American Simmental Association constructed a new building at a different location and is exploring options for the sale and future development of the subject property. At this time, it is anticipated that the property will develop as commercial and future subdivision or site plan applications are expected if the Zone Map Amendment is adopted. The Development Review Committee considered the application at its June 8, 2016 meeting and did not identify any regulatory or infrastructure constraints that would impede the amendment of the City of Bozeman Zoning Map to B-2 for this lot. The Zoning Commission will consider the application at its June 21, 2016 and will forward a recommendation to the City Commission which will hold a public hearing on the application on July 18, 2016.
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APPENDIX B - NOTICING AND PUBLIC COMMENT Noticing was provided for this project at least 15 and not more than 45 days prior to the City Commission public hearing. Notice for both public hearings was posted on-site and mailed via First Class US Mail to all property owners of record within 200 feet of the property on June 6, 2016. The project was posted in the legal ads section of the Bozeman Daily Chronicle on June 5, 2016. No public comment has been received on this proposed Zone Map Amendment as of the writing of this staff report. If any public comment is received prior to the public hearings, it will be forwarded to the Zoning Commission members and/or the City Commission.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation: The property is designated as Regional Commercial and Services in the Bozeman Community Plan. Bozeman is a retail, education, health services, public administration, and tourism hub and provides opportunities for these activities for a multi-county region. Often the scale of these services is larger than would be required for Bozeman alone. Because of the draw from outside Bozeman, it is necessary that these types of facilities be located in proximity to significant transportation routes. Since these are large and prominent facilities within the community and region, it is appropriate that design guidelines be established to ensure compatibility with the remainder of the community. Opportunity for a mix of uses which encourages a robust and broad activity level is to be provided. Residential space should not be a primary use and should only be included as an accessory use above the first floor. Any development within this category should have a well integrated transportation and open space network which encourages pedestrian activity, and provides ready access within and to adjacent development.
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The following table from the Bozeman Community Plan shows the B-2 zoning correlation with the underlying Regional Commercial and Services growth policy designation.
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Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2, community business district with this application. The intent of the B-2 District is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Table 38.10.020
Table of Commercial Uses B-1 B-2 B-3 Ambulance service — P P Apartments and apartment buildings6, as defined in this chapter P P1/C P3 Arts and entertainment center, as defined in this chapter P P P Automobile fuel sales or repair, as defined in this chapter C C C Automobile parking lot or garage (public or private) P P P Automobile washing establishment C P C Banks and other financial institutions P P P Business, technical or vocational school — C P3 Bus terminals — C C Community centers P P P3 Community residential facilities with eight or fewer residents P P1/C P3 Community residential facilities serving nine or more residents — C — Convenience uses C P C Convenience use restaurant P P P Day care centers P P P Essential services Type I A A A Essential services Type II P P P Essential services Type III C9 P C9 Extended-stay lodgings — P P Food processing facilities — C — Frozen food storage and locker rental — P — Health and exercise establishments P1/C P P Hospitals — P C Hotel or motel — P P Laboratories, research and diagnostic — P P3 Laundry, dry cleaning — C C Light goods repair, as defined in this chapter — C A Lodginghouses — C C3 Manufacturing, artisan P P P8 Manufacturing, light — C C3 Manufacturing, light and completely indoors — C — Mortuary — C C Museum — C C Medical and dental clinics P1/C P P
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Table of Commercial Uses B-1 B-2 B-3 Meeting hall — P P Offices, as defined in this chapter P1/C P P3 Other buildings and structures typically accessory to permitted uses A A A Parking facilities P P P3 Personal and convenience services, as defined in this chapter P P P Pet grooming shop P P P Printing offices and publishing establishments — — C Private club, fraternity, sorority or lodge — P P Public buildings P P P Refuse and recycling containers A A A Research laboratories — P P Restaurants P5 P P Retail uses, as defined in this chapter P2 P2 P2 Retail, large scale — P — Sales of alcohol for on-premises consumption7 C C C Sign paint shops (not including neon sign fabrication) — P C Upholstery shops (excluding on site upholstery service for cars, boats, trailers, trucks and other motorized vehicles requiring overnight storage) — P P3 Veterinary clinic — C — Wholesale distributors with on-premises retail outlets, providing warehousing is limited to commodities which are sold on the premises — C — Wholesale establishments that use samples, but do not stock on premises — P P Any use, except adult businesses and casinos approved as part of a planned unit development subject to the provisions of article 20 of this chapter C C C Notes: 1When located on the second or subsequent floor, or basement as defined in article 42 of this chapter. 2Excluding adult businesses, and large scale retail, as they are defined in article 42 of this chapter. 3Except on ground floor in the core area as defined in this article. 4Private arts instruction shall only be on the second or subsequent floor in the core area as defined in this article. 5Exclusive of drive-ins. 6May be subject to the provisions of chapter 38, article 43. 7Also subject to chapter 4, article 2. 8For uses in the downtown core as described in 38.10.010.A.3.a and located on the ground floor adjoining Main Street, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required. 9Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations.
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APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner & Applicant: Wade Shafer, American Simmental Association Inc., 1 Simmental Way, Bozeman, MT 59718
Representative: Madison Engineering LLC, 895 Technology Blvd. Suite 203, Bozeman, MT 59718
Report By: Mitch L. WerBell, Assistant Planner
FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment.
ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application Materials
Engineering Memo
Email from MDT
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CITY OF BOZEMAN
ENGINEERING DEPARTMENT
Alfred M. Stiff Professional Building
20 East Olive Street P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2280
fax 406-582-2263
skohtz@bozeman.net www.bozeman.net
MEMORANDUM
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TO: DEVELOPMENT REVIEW COMMITTEE
FROM: SHAWN KOHTZ, DEVELOPMENT REVIEW ENGINEER
RE: AMERICAN SIMMENTAL ASSOCIATION ZONE MAP AMENDMENT
APPLICATION (#16-206)
DATE: 6-8-16 ------------------------------------------------------------------------------------------------------------------------------
The following comments pertain to review of the submitted materials for the referenced project:
Advisory Comments
1. Upon a future site plan submittal for this property, the applicant will be required to provide a
second access per Bozeman Municipal Code (BMC 38.24.010.A.8). Simmental Way is
currently a dead-end street at the subject property. The City prefers to connect Simmental
Way with N. 19th Avenue at the intersection of 19th Avenue and Valley Center Road. We understand the applicant has had discussions for this access with Montana Department of
Transportation (MDT) with respect to the rest stop area to the north of the subject property.
Although MDT has initially indicated this connection is not feasible, the City would like to
be a partner to those discussions to continue to explore this possibility. If the access through
MDT property is not allowed by MDT, a second access may be required that lines up with Burke Street.
2. Upon future site plan submittal, addressing for this property must be corrected with the City
Engineering Department.
CC. ERF
Project File
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file:///R|/...ap%20Amendment_files/RE%20Request%20for%20agency%20comments-%20Simmental%20Zone%20Map%20Amendment.txt[6/16/2016 8:56:59 AM]
From: Riley, Jean [jriley@mt.gov]
Sent: Monday, June 13, 2016 7:07 AMTo: Mitchell WerBell
Cc: DeMars, Kyle; Ebert, Jeff; Nelson, JenniferSubject: RE: Request for agency comments- Simmental Zone Map Amendment
Mr. WerBell,
The Montana Department of Transportation (MDT) does not have a concern with the proposed
change in the zoning to the above referenced project. MDT does want to make you aware that this property does not have direct access to N 19th. It also cannot access through the MDT rest area.
If you have any questions, please contact me. I am sorry that I did not get this out last week as I was
out of the office.
Jean Riley (406) 444-9456
From: Mitchell WerBell [mailto:MWerBell@BOZEMAN.NET] Sent: Tuesday, May 24, 2016 10:54 AM
To: Riley, Jean; 'jeff@gvlt.org'; Bukvich, Robert Cc: Brit Fontenot
Subject: Request for agency comments- Simmental Zone Map Amendment
Hello,
The Department of Community Development has received a Zone Map Amendment application for 1 Simmental Way. The application proposes a change from M-1, Light Industrial to B-2, Community
Business District on a 7.406 acre parcel. I have attached application materials and exhibits. I am requesting any comments or feedback by June 7, 2016.
Thank you,
Mitch L. WerBell | Assistant Planner
Bozeman MT | Department of Community Development | P.O. Box 1230 | Bozeman, MT 59771 P: 406.582.2285 | E: mwerbell@bozeman.net | W: www.bozeman.net
City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II,
Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public
disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from
disclosure under law.
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