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HomeMy WebLinkAbout06-27-16 A2. 1905 W College GPAPage 1 of 14 16051, Staff Report for the Growth Policy Amendment (GPA) for 1905 W. College Street Planning Board Meeting (Public Hearing): June 7th, 2016 at 7 pm in the City Commission Room, City Hall, 121 North Rouse. City Commission Meeting (Public Hearing): June 27th, 2016 at 6 pm in the City Commission Room, City Hall, 121 North Rouse. Project Description: A growth policy amendment (GPA) to revise the future land use map from Residential to Business Park Mixed Use on 0.91 acres, located at 1905 W. College Street. Project Location: The property is addressed at 1905 W. College Street and is legally described as MOUNTAIN VISTA SUB, S11, T02 S, R05 E, Lot 1, LESS HWRW, City of Bozeman, Gallatin County, Montana. Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for Resolution 4699 a resolution of intent to amend the growth policy per application 16051 and move to approve the growth policy amendment with contingencies and subject to all applicable code provisions. Report Date: May 16, 2016 Staff Contact: Mayana Rice, Associate Planner Shawn Kotz, Engineer Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues None Project Summary The application seeks to change the Future Land Use Designation on the Bozeman Community Plan Map from Residential to Business Park Mixed Use on 0.91 acres. The change is preparatory for a Zoning Map Amendment and ultimately the construction of business office space. Staff has identified three primary community interests when considering the change from Residential to Business Park Mixed Use proposed in this application: 258 16051, Staff Report for the Growth Policy Amendment for 1905 W. College Street Page 2 of 14 1. Business Park Mixed Use is the predominate use occurring throughout the area. The parcels directly adjacent, to the west, are functioning as a business park. The parcels directly across S. 19th Ave., to the east, are the site of the future Law and Justice Center expansion project. The area to the southwest is the Advanced Technology Park. The MSU Master Plan describes the area, across W. College Street, directly to the south with plans to “develop the South 19th Avenue corridor as a pleasant, institutional frontage, with academic and commercial uses and outreach activities, as opposed to residential uses.” 2. The traffic pattern is highly vehicular and access to the parcel is limited. 3. There is a lack of neighborhood amenities for residential multi-household use such as parks. There are heightened noise levels at this intersection. As further discussed under the growth policy amendment criteria of the report, Staff is required to make a key finding that the proposed growth policy amendment is beneficial for the community as a whole rather than exclusively for the individual property. The growth policy amendment criterion gives guidance in evaluating an amendment proposal. To reach approval on the proposed application, the Planning Board and the City Commission must find that the application meets all of the criteria of Section 17.4 of the Bozeman Community Plan. The analysis and findings of this report conclude that the 1905 W. College Street Growth Policy Amendment does meet the amendment criteria, and therefore it is recommended that the Planning Board and City Commission approve the amendment request. 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. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. Planning Board Motion The Planning Board (PB) considered the case on June 7, 2106. There were no public comments. The PB made a unanimous motion to recommend approval of the GPA to the City Commission. 259 16051, Staff Report for the Growth Policy Amendment for 1905 W. College Street Page 3 of 14 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................................ 1 Unresolved Issues ................................................................................................................................... 1 Project Summary..................................................................................................................................... 1 SECTION 1 - MAP SERIES ............................................................................................................................ 4 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ........................................................ 6 SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS ........................................................ 6 SECTION 4 - STAFF ANALYSIS .................................................................................................................. 6 APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ................................................ 10 APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............................. 12 APPENDIX C - MSU MASTER PLAN ...................................................................................................... 12 APPENDIX D - NOTCING AND PUBLIC COMMENT ........................................................................ 12 APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF ........................................... 12 260 16051, Staff Report for the Growth Policy Amendment for 1905 W. College Street Page 4 of 14 SECTION 1 - MAP SERIES Map 1 Future Land Use 261 16051, Staff Report for the Growth Policy Amendment for 1905 W. College Street Page 5 of 14 Map 2 Zoning 262 16051, Staff Report for the Growth Policy Amendment for 1905 W. College Street Page 6 of 14 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL If the City Commission approves the application the following contingencies are recommended. Please note that these contingencies are necessary for the City to complete the processing of the proposed amendment. Recommended Contingencies: 1. The applicant shall submit, within forty-five (45) days of approval by the City Commission, an 8½ x 11-inch or 8½ x 14-inch exhibit entitled “1905 W. College Street Growth Policy Amendment” to the Department of Community Development containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Department of Community Development. 2. The resolution for the growth policy amendment shall not be drafted until the applicant provides an exhibit of the area to be re-designated, which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman Community Plan. SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS Having considered the criteria established for a growth policy map amendment, Staff recommends approval with contingencies for the application as submitted. The Development Review Committee (DRC) considered the amendment on May 18, 2016. The DRC recommended approval of the application, noting that there is sufficient capacity in existing City services to accommodate residential development on the subject property. The City Commission will hold a public hearing on the growth policy map amendment on June 27, 2016. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 pm. SECTION 4 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. In considering applications for approval under this title, the advisory boards and City Commission shall consider the following criteria. 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, see page 2 of the applicant’s narrative. 263 16051, Staff Report for the Growth Policy Amendment for 1905 W. College Street Page 7 of 14 To reach a favorable decision on the proposed application the City Commission must find that the application meets all of criteria 1-4 of Section 17.4 of the Bozeman Community Plan Amendment Procedures. In making these findings, Commissioners may identify some negative elements within a specific criteria, with the final balance being a positive outcome for approval. Section 17.4, Bozeman Community Plan Amendment Criteria 1. The proposed amendment must cure a deficiency in the growth policy, or improve the growth policy, to better respond to the needs of the general community; Staff reviewed the project for its ability to cure a deficiency. The term “deficiency” is not defined in the growth policy. The Merriam-Webster dictionary defines it as: “a lack of something that is needed; the state of not having enough of something necessary; a problem in the way something is made or formed.” Staff reviewed the project for its ability to improve the growth policy. While there is not a specific deficiency in the total amount of land designated Business Park Mixed Use in the City of Bozeman, this change will “improve the growth policy to respond to the needs.” There is a trending development pattern of professional and administrative offices at this intersection. To the east of this site, the Law and Justice Center, proposed expansion, will be an additional change in the character of the S. 19th Ave. and W. College Street intersection. With the change of this area to Business Park Mixed Use, the City will be acknowledging this development trend and will be improving the growth policy by amending the map to respond to the needs of the general community. This change will allow supporting local office uses near a major employer and community facility. Staff identified three (3) public discussion points related to the change to Business Park Mixed Use. Existing Context: Flexibility/Character. R-4 vs R-O Development Trends: The predominately Business Park Mixed Use that is occurring throughout the area. The parcels directly to the east and west are functioning as business parks. This parcel is currently designated Residential. While there is residential development in the area, there is an equal trend toward Business Park Mixed Use development. The Law and Justice Center is planned to expand on the parcels to the east. Along with the expansion there will be additional support commercial and office space needed. The area to the west is the existing Swan Falls Professional Building. Located to the southwest is Technology Blvd., which is home to a wide variety of businesses. The MSU Master Plan also shows a future development on the 264 16051, Staff Report for the Growth Policy Amendment for 1905 W. College Street Page 8 of 14 property to the south that is currently in agriculture production. The MSU Master Plan describes the area, across W. College Street, directly to the south, with plans to “develop the South 19th Avenue corridor as a pleasant, institutional frontage, with academic and commercial uses and outreach activities, as opposed to residential uses.” This GPA would create a transition corridor from the Law and Justice Center across S. 19th Ave. west and south to the Advanced Technology Park and future expansion of the MSU Campus. The amendment would be better suited than to have an outlier of strictly residential use at this intersection. Traffic Patterns: The size, location, and access to this lot make it better suited for mixed-use, rather than strictly residential uses. The request to rezone the area is also in the approval process, from R-4 to R-O, which would continue to allow for residential uses. The ITE Trip Generation Manual (9th Edition) shows a slightly lower rate in employees at 0.48 average rate generated than 0.55 average rate per dwelling unit in the peak A.M. hour of generation. Clearly on weekends the difference expands with the employee rate being 0.54 average rate of trips and 3.24 being the average rate of trips per person in a dwelling unit. The intersection of S. 19th Ave. and W. College Street is located within the Class 2 Entryway Corridor. These two (2) streets are highly traveled. An analysis of S. 19th Ave. shows no left hand turn access westerly between the intersection of W. College Street and W. Dickerson Street. Similarly, there is no left hand turn northerly across W. College Street on the southern edge of this parcel. With limited turning and fewer ingress and egress options, the development proposed in this location should be restricted to uses that have lower trip generation and parking demands. Neighborhood Quality for Residential: Amending this area to allow for a mix of uses is also supported by the limited park lands and noise, features that are not normally associated with residential uses. The closest park is approximately a mile away in all geographic directions. This distance does not lend itself to calling these “neighborhood” parks in relation to the intersection of S. 19th Ave. and W. College Street. The usage of this intersection has elevated noise in comparison to many other more residential locations. Therefore, Staff finds the proposed modification improves the growth policy, to better respond to the needs of the general community. 2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals and objectives; 265 16051, Staff Report for the Growth Policy Amendment for 1905 W. College Street Page 9 of 14 The size of the parcel is small, at 0.91 acres, requesting a GPA. A small parcel requires detailed analysis to determine, that this is not an isolated change and does not create an island of incompatible land use. The key is to look at the definition of the Business Park Mixed Use to ensure that no inconsistencies with the surrounding uses are created.  This classification provides for employment areas.  Civic uses may also be included.  Retail, residential, services, or industrial uses may also be included in an accessory or local service role.  These areas are often a buffer between uses. The application materials propose benefits that may occur due to the change. Staff has reviewed all the goals and objectives of the growth policy. The conclusion is that it does not create inconsistencies. The proposed amendment must be consistent with the overall intent of the growth policy; 3. The proposed amendment must be consistent with the overall intent of the growth policy; The proposed change will not materially alter the desired land use pattern by removing Residential and converting to Business Park Mixed Use. There are goals and objectives, in the growth policy, addressing and encouraging both residential and commercial development; a balance must be achieved. Chapter 8 of the growth policy states: “Trade and other economic activities benefit from proximity to other businesses. The concentration of businesses within close proximity will enable mutual reinforcement.” The application is consistent with the overall intent of the growth policy. 4. The proposed amendment will not adversely affect the community as a whole or significant portion by: a) Significantly altering land use patterns and principles in a manner contrary to those established by this plan; The requested Growth Policy Amendment will make minor alterations to land use patterns and principles. b) Requiring unmitigated larger or more expensive improvements to streets, water, sewer, or other public facilities or services, thereby impacting development of other lands; The area is already served with water and sewer services. Public right of way is in place. If there are concerns regarding ingress and egress to the site, improvements would be identified through the development review process. Development of the site does not appear to require unmitigated improvements. Sewer capacity is required at the time of construction. 266 16051, Staff Report for the Growth Policy Amendment for 1905 W. College Street Page 10 of 14 c) Adversely impact existing uses because of unmitigated greater than anticipated impacts on facilities and services; No extraordinary impacts have been identified at this time. Additional review would occur during site development and mitigation of impact will be required. d) Negatively affect the livability of the area or the health and safety of the residents. Service capacity exists to serve the area; no negative impacts are anticipated. There will be incremental traffic increase (vacant to developed) but the existing street network has the capacity to handle additional traffic. The City’s development standards are adequate to address issues relating to availability of water, sewer, and other municipal services. Bozeman’s Fire Station 2 is within 0.3 miles of this parcel. Therefore, there is no negative impact to the livability or the health and safety of existing residents. APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-4 (Residential High Density). The Applicant is proposing a concurrent change to the zoning of this property to R-O (Residential-Office) for administrative and professional use. This request will be reviewed if the Commission approves the GPA. Adopted Growth Policy Designation: The following designations are applicable to this application: Existing – Residential. The Plan indicates that; “This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development.” Proposed – Business Park Mixed Use. The Plan indicates that; “This classification provides for employment areas with a variety of land uses typified by office uses and technology-oriented light industrial uses. Civic uses may also be included. Retail, residential, services, or industrial uses may also be included in an accessory or local service 267 16051, Staff Report for the Growth Policy Amendment for 1905 W. College Street Page 11 of 14 role. Accessory uses should occupy 20% or less of the planned Business Park Mixed Use areas. These areas are often a buffer between uses, and the scale and intensity should be carefully considered to ensure compatibility with adjacent developments. The developments should provide integrated open spaces, plazas, and pedestrian pathways to facilitate circulation and a pleasant environment. Uses may be mixed both vertically and horizontally with vertically mixed uses being encouraged. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height or other transitions should be provided to be compatible with adjacent development.” Future Land Use Map The Future Land Use Map is a synthesis of many different ideas, public input, existing conditions, and existing and desired land use patterns for the future. The map is the visual representation of the land use patterns and ideas discussed in the growth policy. The map shows acceptable uses and locations throughout the community in a very broad manner. It does not represent a commitment by the City to approve every development proposed within each category. Neither does a designation indicate that a property is free from constraints to development. The map and other elements of this plan must be weighed and evaluated in conjunction with the specific details of a proposed project, which is beyond the scope of this plan, but which will be addressed through the implementation tools discussed in Chapter 16 and Appendix I. The provisions of any intergovernmental agreement between the City and County regarding land use will influence the final development pattern with the defined planning area. The boundaries shown on the map are of necessity at a large scale. As a result, some interpretation may be required in the future. It is the intent of the map to follow natural and visible boundaries such as streams or rights-of-way where possible. Within developed areas, boundaries generally follow parcel boundaries established by recorded plats or certificates of survey. Where such natural or legal boundaries do not exist, some minor flexibility in the interpretation of the boundary is allowed to the Director of the Department of Planning and Community Development so long as the exercise of that flexibility is not contrary to the intent, purposes, or goals of this plan and does not materially alter the desired land use pattern in an area. If significant alterations or modifications are desired, an amendment to this plan must be undertaken. The Bozeman Community Plan looks at a twenty-year horizon as well as the current situation, so it is to be expected that some areas which are not in conformance with the plan will be identified. This plan recognizes the presence of these uses without specifically mapping or otherwise identifying them. It is desired that these anomalies be resolved over the term of this plan so that the land use pattern identified herein may be completed. 268 16051, Staff Report for the Growth Policy Amendment for 1905 W. College Street Page 12 of 14 APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description A growth policy amendment proposal to revise the Bozeman Community Plan future land use map from Residential to Business Park Mixed Use on 0.91 acres, located at 1905 W. College Street. APPENDIX C – MSU MASTER PLAN 269 16051, Staff Report for the Growth Policy Amendment for 1905 W. College Street Page 13 of 14 APPENDIX D– NOTICING AND PUBLIC COMMENT Notice of the public hearings before the Planning Board and City Commission was sent by first class US mail to all property owners within 200 feet of the site on May 20, 2016. The site was posted with a copy of the notice on May 20, 2016. The notice was also published on May 22nd, 2016 and May 29, 2016 in the Bozeman Daily Chronicle at least 15 days and not more than 45 days prior to the public hearings. No public comment was received. APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF Owner: LPF, LLC 2452 Farrier Ave., Bozeman, MT 59718 Applicant: Pearson Design Group, Inc., 103 N. Broadway Ave., Bozeman, MT 59715 Representative: Bridger Engineers, Inc., 2150 Analysis Drive, Ste. B, Bozeman, MT 59718 Report By: Mayana Rice, Associate Planner 270 16051, Staff Report for the Growth Policy Amendment for 1905 W. College Street Page 14 of 14 FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this growth policy 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 Public Comment to date 271 Resolution No. 4699, Intent to revise Growth Policy, 1905 West College Street Page 1 of 2 RESOLUTION NO. 4699 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE INTENT OF THE CITY COMMISSION TO CONSIDER AN AMENDMENT TO FIGURE 3-1 OF THE BOZEMAN COMMUNITY PLAN. WHEREAS, the City of Bozeman has had a comprehensive plan (growth policy) since 1958, and WHEREAS, the City of Bozeman adopted its growth policy known as the Bozeman Community Plan (BCP) through Resolution 4163 on June 1, 2009, and WHEREAS, the City of Bozeman adopted its most recent amendments to the growth policy known as the Bozeman Community Plan (BCP) through Resolution 4195 on August 3, 2009, and WHEREAS, the Bozeman City Commission establishes criteria for the amending of the document, and WHEREAS, an application has been received to amend Figure 3-1 the future land use map of the growth policy, and WHEREAS, the City of Bozeman Planning Board conducted a public hearing on the application on June 7, 2016, and WHEREAS, in accordance with 76-1-602, MCA, the City Commission must conduct a public hearing prior to taking any action to adopt or revise a growth policy, NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: Section 1 272 Resolution No. 4699, Intent to revise Growth Policy, 1905 West College Street Page 2 of 2 In accordance with the requirements of Section 76-1-604 MCA, the intent to consider the application for amendment and possible corresponding revisions to the growth policy is hereby stated. Section 2 That a public hearing was set and advertised for the purpose of receiving public testimony on Application 16051, The growth policy amendment, a possible revision to Figure 3-1 of the Bozeman Community Plan on property legally described as Mountain Vista Sub, S11, T02 S, R05 E, Lot 1 Less Highway Right of Way, City of Bozeman, Gallatin County, Montana.. Section 3 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 27th day of June, 2016. DATED this __________ day of June, 2016. ___________________________________ CARSON TAYLOR Mayor ATTEST: ________________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 273 274 275 276 19th & College LPF Property 1/28/2016 GPA & ZMA Application Narrative Page 1 of 5 Project Narrative I. Background This combination Growth Policy Amendment / Zone Map Amendment Application is for the property at 1905 W. College Street (NW corner of the S. 19th & College intersection). This application is being submitted on behalf of LPF, LLC. by Bridger Engineers, Inc. The subject property is a 0.91 acre parcel of land located within the City of Bozeman. This parcel sits within the Class II Entryway Corridor. It contains an existing single- family residence which the applicant intends on removing. The current land use designation of this property is Residential. The Applicant is proposing to change the land use of this property to Business Park Mixed Use. Current zoning of this property is R-4 (Residential High Density). The Applicant is proposing to change the zoning of this property to R-O (Residential-Office) for Administrative/Professional use. The Applicant understands that typically a GPA is submitted and approved prior to the ZMA application; however, the proposed R-O zone change is compatible with either the existing or proposed land use and therefore the applications are being submitted for concurrent review. The Applicant however does reserve the right to abandon the ZMA should the GPA be denied. II. Intent The Applicant’s future intent for this property is to construct a multi-unit Administrative/Professional building complying with the R-O zoning regulations. These plans include selling and/or leasing individual condominium units. We believe the proposed use better fits this parcel for two main reasons: 1) the parcel sits on the corner of two busy arterial streets with high visibility and traffic which is better suited for businesses than residences; and 2) the majority of the surrounding properties along S. 19th and W. College have both existing and future uses of Business Park Mixed Use. Changing the future use of this property from residential to business shall provide for appropriate development which is consistent with the development trend within this area. A preliminary site plan (C1.0) has been included with this submittal to show how the Applicant is proposing to lay out the proposed use with parking and access requirements. The site plan shows that one (1) building is planned on the southern-most portion of the lot, with all parking and vehicular access to the north. 277 19th & College LPF Property 1/28/2016 GPA & ZMA Application Narrative Page 2 of 5 III. Growth Policy Amendment Criteria The following questions are shown as listed on the GPA Required Materials form. Our responses immediately follow. a. Does the proposed amendment cure a deficiency in the growth policy or result in an improved growth policy which better responds to the needs of the general community? How? Response: There is no deficiency in the growth policy with having this property designated residential; however, by changing it to business park mixed use, this property will be more consistent with the goals of the growth policy and the development trends and suitability of the area. By providing more consistency with the growth policy the needs of the general community are better served. b. Does the proposed amendment create inconsistencies within the growth policy, either between the goals and the map or between goals? Why not? If inconsistencies are identified then additional changes must be provided to remove the inconsistencies. Response: The proposed change of use does not create any inconsistencies within the growth policy because the proposed use is consistent with the use seen all around this intersection and along S. 19th. This area is well-suited for business development by providing desirable high-visibility for businesses and updated infrastructure to support the development. c. Is the proposed amendment consistent with the overall intent of the growth policy? How? Response: The proposed land use change to business is very much consistent with the overall intent of the growth policy because it provides a new land use for this property which is not only consistent with the surrounding uses but is more practical and desirable for a high-traffic, high-visibility intersection corner property. An intent of the growth policy is to encourage commercial activities in centralized areas. This intersection provides a central location for many surrounding business uses. Therefore, a business development at this location is not only consistent with the growth policy but meets the goals by providing cohesive neighborhood development. d. Does the proposed amendment adversely affect the community as a whole or significant portion by: i. Significantly altering acceptable existing and future land use patterns, as defined in the text and maps of the plan? How does it not? The proposed change of use does not alter the existing and future land use patterns of the area because the proposed business use is consistent with the business uses seen all along S. 19th, around the intersection of W. College Street and on adjoining properties. This change of use will 278 19th & College LPF Property 1/28/2016 GPA & ZMA Application Narrative Page 3 of 5 help to enhance a cohesive neighborhood of business uses which is one of the land use goals. ii. Requiring unmitigated larger and more expensive improvements to streets, water, sewer, or other public facilities or services and which, therefore, may impact development of other lands? How does it not? Response: The proposed land use change will not require larger and more expensive public facilities or services; in fact, it will create less demand on these existing facilities and services. Business Park uses generally require less public water and therefore create less wastewater. These uses also generally produce less trips per day thereby reducing potential traffic. Since less demand will be placed on the existing facilities and services, the development of other lands will not be adversely affected by the proposed change. iii. Adversely impacting existing uses because of unmitigated greater than anticipated impacts on facilities and services? How does it not? Response: As stated in section ii. above, the proposed amendment creates less demand on the existing facilities and services than would the full high-density residential buildout as currently designated and zoned. Because of the smaller need, the existing uses will not be adversely impacted. In the event that impacts on facilities and services become greater than anticipated, these impacts still will not adversely impact existing uses because this is an area within the Bozeman city limits that has seen many recent infrastructure improvements and upgrades to handle the increasing development along S. 19th Avenue. iv. Negatively affecting the livability of the area and the health and safety of residents? How does it not? Response: The proposed change of use does not negatively affect the livability of the area or the health and safety of residents. This amendment changes a high-traffic corner parcel from residential to business use. Business uses are far better suited for such high-visibility and high-traffic areas than are residential uses. Many adjacent properties contain business uses as well and therefore livability of adjacent properties will not be adversely affected. Changing the proposed use of this property from residential to business will not impose any health and safety risks to residents. 279 19th & College LPF Property 1/28/2016 GPA & ZMA Application Narrative Page 4 of 5 IV. Zone Map Amendment Criteria The following questions are shown as listed on the ZMA Required Materials form. Our responses immediately follow. a. Is the new zoning designed in accordance with the growth policy? How? Response: The new zoning is designed in accordance with the growth policy by providing urban growth of this property which is consistent and compatible with the surrounding area and best suited for its location at a prominent street intersection. The proposed business use shall help to balance and connect the surrounding businesses and enhance the growing business trend along S. 19th Avenue. b. Will the new zoning secure safety from fire and other dangers? How? Response: This parcel with the new zoning shall be safely secured from fire and other dangers due to its location within the city and its close proximity to both the S. 19th Fire Station and the Law & Justice Center. c. Will the new zoning promote public health, public safety and general welfare? How? Response: The new zoning of this parcel shall promote public health, safety and general welfare by providing appropriate development of this parcel which is compatible and consistent with the properties in and around the area of the S. 19th and W. College intersection. The new zoning shall allow for the establishment of new and additional business services for the benefit of the community. d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How? Response: The new zoning will facilitate all applicable public requirements. Adequate motorized and non-motorized access shall be provided in accordance with City transportation regulations. In addition, the property is located along two routes of the Streamline Bus service with multiple stops located within a short walking distance. The property shall be served by the City of Bozeman’s public water and sewer system. The new zoning of this parcel will not impact the City’s parks and schools. e. Will the new zoning provide reasonable provision of adequate light and air? How? Response: The new zoning of this property shall provide adequate light and air for the future development of this property. Due to the wide street right-of-ways along the east and south boundaries, this parcel shall receive, in perpetuity, adequate light and air from the east and south expanses. f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How? 280 19th & College LPF Property 1/28/2016 GPA & ZMA Application Narrative Page 5 of 5 Response: The new zoning will not change the effect on motorized and non- motorized transportation systems from the existing R-4 zoning. Motorized and non- motorized access shall be provided to the property from the City of Bozeman’s public streets and sidewalks. All access to the property shall meet the requirements of the City of Bozeman’s development standards. The property is located along two routes of the Streamline Bus service with multiple stops located within a short walking distance. g. Does the new zoning promote compatible urban growth? How? Response: The new zoning promotes compatible urban growth by allowing urban development which is already seen on adjacent properties and is the most suitable for the property. h. Does the new zoning promote the character of the district? How? Response: The new zoning shall promote the character of the district by helping to bridge the already-begun business use link between the business uses along the north and east faces of W. College and S. 19th and the Advanced Technology Park. This link has already been started by the adjacent Swan Falls Professional Building to the west and the nearby Dickerson Professional Center Building to the north. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Response: The area surrounding the corner of South 19th Avenue and West College Street is particularly well-suited for both residential uses (due to the close proximity to the University) AND business uses (also due to the close proximity to the University but also due to the already-established multitude of business-park mixed uses along S. 19th & W. College). j. Was the new zoning adopted with a view to conserving the values of buildings? How? Response: The new zoning shall conserve the values of the buildings throughout the area by allowing for new development which fits within the character of the local existing and future uses as well as to allow for additional services for the community to benefit from. k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? How? Response: The Applicant believes that an administrative/professional use is a more appropriate use for the subject property than the existing high-density residential use. The reason being due to its location on the corner of two main arterials within Bozeman and the high visibility and traffic volumes that come with that corner. Businesses generally benefit from high visibility and traffic whereas residences are often hindered by it. Windows with tightly-drawn shades are a common element seen of residential buildings located on arterial streets. 281 282 283 284 285 Project: 19th & College LPF Property Date: 1-11-2016 List of Property Owners within 200 feet of the project site Property Owner’s Name Mailing Address of Property Owner 1 First Security Bank of Bozeman, S. 19th Kathleen Tonkovich PO Box 910 Bozeman, MT 59771 2 Mr. & Mrs. Rogers Neighborhood LLC 2910 Colter Ave. Bozeman, MT 59715 3 Montana State University General Delivery Bozeman, MT 59718 4 State of Montana General Delivery Helena, MT 59601 5 Swan Falls, LLC 716 South 20th Ave., Ste. 101 Bozeman, MT 59718 6 LMF Group, LLC 3506 Fieldstone Drive W Bozeman, MT 59715 7 Dickerson, LLC 1940 W. Dickerson St., Ste. 102 Bozeman, MT 59718 8 Mark & Kathleen Comaratta 405 S. Tracy Ave. Bozeman, MT 59715 9 CFE, LLC 1940 W. Dickerson St., Ste. 206 Bozeman, MT 59718 10 Kentucky Avenue, LLC 1940 W. Dickerson St., Ste. 206 Bozeman, MT 59718 11 BCAP Properties, LLC 1940 W. Dickerson St., Ste. 207 Bozeman, MT 59718 12 Thomas Karem PO Box 682 Bozeman, MT 59771 13 MT Council, Boy Scouts of America 820 17th Ave. South Great Falls, MT 59405 14 K Bar A Investments, LLC 1276 N. 15th Ave, Ste. 103 Bozeman, MT 59715 15 Marchak-Wimberly Building 1902 W. Dickerson St., Ste 208 Bozeman, MT 59718 286