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Home My WebLink About06-27-16 A3. 1905 W College ZMAPage 1 of 11 16248, Staff Report for the Zone Map Amendment (ZMA) for 1905 W. College Street Zoning Commission (Public Hearing): June 7th, 2016 at 6 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 zone map amendment (ZMA) to revise the zoning map from R-4 (Residential High Density) to R-O (Residential-Office) on 0.91 acres, located at 1905 W. College Street. Project Location: The property is addressed at 1905 W. College St. and is legally described as MOUNTAIN VISTA SUB, S11, T02 S, R05 E, Lot 1, LESS HWRW, City of Bozeman, Gallatin County, Montana. Zoning Commission Recommended Motion: Having reviewed and considered the application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report and recommend approval of the zone map amendment application 16248 with contingencies. Report Date: May 16, 2016 Staff Contact: Mayana Rice, Associate Planner Shawn Kotz, Engineer Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues No unresolved issues have been identified at this time. Project Summary The application seeks to revise the zoning map from R-4 (Residential High Density) to R-O (Residential-Office) on 0.91 acres. The change is dependent on the approval of the change to the Future Land Use Designation from Residential to Business Park Mixed Use. Both changes are preparatory for the applicant’s desire to ultimately construct a business office space. No public comment has been received. Alternatives 1) Adopt the amendment as requested; 287 16248, Staff Report for the Zone Map Amendment (ZMA) for 1905 W. College Street Page 2 of 11 2) Deny the amendment. 3) Approve an alternate zone district; 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. Zoning Commission Motion The Zoning Commission (ZC) considered the case on June 7, 2106. There were no public comments. The ZC made a unanimous motion to recommend approval of the ZMA to the City Commission. TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................................ 1 Unresolved Issues ................................................................................................................................... 1 Project Summary..................................................................................................................................... 1 Alternatives ............................................................................................................................................... 1 SECTION 1 - MAP SERIES ............................................................................................................................ 3 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ........................................................ 5 SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS ........................................................ 5 SECTION 4 - STAFF ANALYSIS AND FINDINGS .................................................................................. 5 Section 76-2-304, MCA (Zoning) Criteria ...................................................................................... 5 PROTEST NOTICE FOR ZONING AMENDMENTS ............................................................................... 8 APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ................................................... 9 APPENDIX B - NOTICING AND PUBLIC COMMENT ....................................................................... 10 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ........................................... 11 288 16248, Staff Report for the Zone Map Amendment (ZMA) for 1905 W. College Street Page 3 of 11 SECTION 1 - MAP SERIES 16248 289 16248, Staff Report for the Zone Map Amendment (ZMA) for 1905 W. College Street Page 4 of 11 16248 290 16248, Staff Report for the Zone Map Amendment (ZMA) for 1905 W. College Street Page 5 of 11 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. 1. That all necessary documents and exhibits shall be identified as the “1905 W. College St. Zone Map Amendment.” 2. That the applicant submit a zone amendment map titled “1905 W. College St. Zone Map Amendment” on a 24” x 36” mylar, an 8 ½” x 11” or 8 ½” x 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. Said map shall contain a metes and bounds legal description of the perimeter of the subject property and zoning districts, and total acreage of the property. 3. That the Ordinance for the Zone Map Amendment shall be drafted within 60 days of the City Commission Public Hearing, with the applicant providing a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the zone map. SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the recommendation is for approval. The Development Review Committee (DRC) considered the amendment on May 18, 2016. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Zoning Commission held a public hearing on this ZMA on June 7, 2016, at 121 N. Rouse Avenue, Bozeman. The Zoning Commission Zoning Commission forwarded its recommendation of approval to the City Commission on the application. The City Commission will hold a public hearing on the ZMA on June 27, 2016. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 pm. The City Commission will make the final decision on the application. SECTION 4 - STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission shall consider the following: Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with the growth policy 291 16248, Staff Report for the Zone Map Amendment (ZMA) for 1905 W. College Street Page 6 of 11 Yes. The site is proposed to be amended from Residential to Business Park Mixed Use. Table C-16 of the growth policy shows R-O as an implementing district of the Business Park Mixed Use designation. The Table of authorized zoning uses within the R-O District is provided in Appendix A. The Business Park Mixed Use designation of the Bozeman Community Plan states 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 role.” Supportive examples of applicable goals and objectives of the Bozeman Community Plan for this application include: Chapter 2 – Addressing Growth and Change Objective G-2.2 Strive to maintain a balanced supply of land for the variety of uses necessary to support a vigorous city. Chapter 3 - Land Use Objective LU-2.3 Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the City’s adopted standards. Using this approach, rehabilitate corridor-based commercial uses into a pattern more supportive of the principles supported by commercial centers. Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides public and private basic services and facilities in close proximity to where people live and work, and minimizes sprawl. Chapter 4 – Community Quality Objective C-1.3 Support compatible infill within the existing area of the City rather than developing land requiring expansion of the City’s area. Chapter 8 – Economic Development Objective ED-2.4 Foster a diverse economy that will protect the economic climate for existing businesses and maintain opportunities for business expansion. Objective ED-2.9: Create a more collaborative and effective working partnership between the business community and the City of Bozeman and effectively manage the City of Bozeman’s regulatory environment to accomplish goals without hindering business expansion and economic growth. 292 16248, Staff Report for the Zone Map Amendment (ZMA) for 1905 W. College Street Page 7 of 11 In considering the appropriateness of a particular zoning district for a site, it is prudent to consider what district will most fully advance the goals of the community plan. As a zone map amendment is a legislative, not quasi-judicial matter, the Commission has broad discretion to decide the course considered most suitable. The R-O (Residential Office) zoning designation requested is consistent with the Business Park Mixed Use land use designation and the Growth Policy. B. Secure safety from fire and other dangers Yes. The same standards for emergency access, fire protection, and related issues apply to any of the zoning districts. C. Promote public health, public safety, and general welfare Yes. As discussed in Criterion B, there are many standards that apply equally to the City’s residential and commercial zoning districts. The generally adopted standards of the Municipal Code will ensure adequate supply for sanitation, clean water, stormwater control and other issues that would possibly affect this criterion. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements Yes. No dedication of rights-of-way or construction facilities is required because of this change in zoning. The City’s development standards require mitigation of site impacts to infrastructure and therefore this criterion is met. Development review procedures will evaluate specific needs for additional services. The City’s development standards require demonstration that adequate services are available. Section 38.07.010.C, BMC states: “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending service.” E. Reasonable provision of adequate light and air Yes. The R-O, Residential Business District was evaluated against this criterion during the legislative adoption of the district. It has been determined that the district complies. The regularity standards set forth in the Bozeman Municipal Code for the requested R-O zoning district provide the necessary provision (i.e., yard setbacks, lot coverage, open space and building heights), which are intended to provide for adequate light and air for any development of the subject property. 293 16248, Staff Report for the Zone Map Amendment (ZMA) for 1905 W. College Street Page 8 of 11 F. The effect on motorized and non-motorized transportation systems Yes. The R-O zoning designation should not have a substantial effect on existing or future motorized or non-motorized transportation systems. Any increase in traffic levels will be mitigated or addressed as part of the development review process for the property. G. Promotion of compatible urban growth Yes. This area is at the intersection of S. 19th Ave and W. College Street. As both of these streets are primary arterials, there will be access for the property. The proposed zoning district will allow a continued urban growth pattern previously deemed compatible and appropriate for this area. Therefore, this criterion is met. H. Character of the district Yes. R-O uses are established in the adjacent properties, creating an area that is commercial in nature; the change in zoning will reinforce this character. As stated in Section 38.08.010.A: “There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied.” The future development review process will enable the evaluation of any peculiar impacts of proposed development and mitigation as needed. I. Peculiar suitability for particular uses Yes. The site has been determined appropriate for R-O uses. The proposed zone map amendment would not substantially alter the suitability of this property to accommodate further intensification of residential or business development. J. Conserving the value of buildings Yes. R-O designation is consistent with the use in the area. The proposed zone map amendment conserves the current value and is not detrimental to the value of adjacent properties. K. Encourage the most appropriate use of land throughout the jurisdictional area Yes. The sum of the findings regarding the other criteria indicates that the proposed R-O zoning encourages the most appropriate uses of the subject property and of other properties in the vicinity. 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 294 16248, Staff Report for the Zone Map Amendment (ZMA) for 1905 W. College Street Page 9 of 11 FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. 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 to change 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. 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 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.” Table C-16 Zoning Correlation with Land Use Categories – Indicates that R-O is one of the zoning districts envisioned for the “Business Park Mixed Use” Growth Policy Designation. 295 16248, Staff Report for the Zone Map Amendment (ZMA) for 1905 W. College Street Page 10 of 11 Above is the Table of R-O Uses from the Bozeman Municipal Code which indicates the permitted land uses within the R-O zoning district. Sec. 38.08.020. - Authorized uses. A. Uses in the various residential districts are depicted in Table 38.08.020, of the City of Bozeman UDC, provided as a packet attachment. Principal uses are indicated with a "P," conditional uses are indicated with a "C," accessory uses are indicated with an "A" and uses which are not permitted within the district are indicated by a hyphen ( "-"). B. Additional uses for telecommunication purposes are contained in Article 29 of this chapter. C. The uses listed are deliberately broad and some are given special definitions in article 42 of this chapter. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in Article 22 of this chapter. APPENDIX B – NOTICING AND PUBLIC COMMENT Notice of the public hearings before the Zoning Commission and City Commission was sent by first class US mail to all property owners within 200 feet of the site. The site was posted with a copy of the notice. The notice was also published in the Bozeman Daily Chronicle at least 15 days and not more than 45 days prior to the public hearings on May 22nd and May 29th, 2016. 296 16248, Staff Report for the Zone Map Amendment (ZMA) for 1905 W. College Street Page 11 of 11 APPENDIX C - 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 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 Table 38.08.020, of the City of Bozeman UDC 297 298 299 300 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. 301 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 302 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. 303 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? 304 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. 305 306 307 308 309 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 310 Table 38.08.020 Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-O RMH Accessory dwelling units8, 9 C C P P P P — Agricultural uses on 2.5 acres or more2 P — — — — — — Agricultural uses on less than 2.5 acres2 C — — — — — — Apartments/apartment building, as defined in article 42 of this chapter — — — — P P — Bed and breakfast C C C C P P — Commercial stable C — — — — — — Community centers C C C C C P C Community residential facilities with eight or fewer residents P P P P P P P Community residential facilities serving nine or more residents — — — C P P — Cooperative housing C C C P P P C Day care centers C C C P P P C Essential services Type I A A A A A A A Essential services Type II P P P P P P P 311 Essential services Type III C10 C10 C10 C10 C10 C10 C10 Extended stay lodgings C C C P P P — Family day care home P P P P P P P Fences A A A A A A A Fraternity and sorority houses — — — C P P — Golf courses C C C — — — C Greenhouses A A A A A A — Group day care home P P P P P P P Group living P P P P P P P Guesthouses A A A A A A — Home-based businesses5 A/C A/C A/C A/C A/C A/C A/C Lodging houses — — — C P P — Offices — — — — C3 P — Other buildings and structures typically accessory to authorized uses A A A A A A A Private garages A A A A A A A Private or jointly owned recreational facilities A A A A A A A Private stormwater control facilities A A A A A A A Private vehicle and boat storage A A A A A A A/C4 312 Public and private parks P P P P P P P Manufactured homes on permanent foundations1 P P P P P P P Manufactured home communities — — — — — — P Medical offices, clinics, and centers — — — — C P — Recreational vehicle parks C — — — — — P Signs, subject to article 28 of this chapter A A A A A A A Single-household dwelling P P P P P P P Temporary buildings and yards incidental to construction work A A A A A A A Temporary sales and office buildings A A A A A A A Three- or four-household dwelling — — — P P P — Two-household dwelling — — P P P P — Townhouses (two attached units) P7 P7 P P P P P7 Townhouses (five attached units or less) — — — P6 P P — Townhouses (more than five attached units) — — — — P P — Tool sheds for storage of domestic supplies A A A A A A A Uses approved as part of a C C C C C C C 313 PUD per article 20 of this chapter Veterinary uses C — — — — — — Notes: 1Manufactured homes are subject to the standards of Section 38.22.130. 2Agricultural uses include barns and animal shelters, and the keeping of animals and fowl, together with their dependent young, as hereinafter set forth per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For larger parcels the review authority may determine that a larger number of livestock is consistent with the requirements of this section. 3Only when in conjunction with dwellings. 4Storage for more than three recreational vehicles or boats. 5Home-based businesses are subject to the terms and thresholds of section 38.22.110. 6In the R-3 district, townhouse groups shall not exceed 120 feet in total width. 7In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of chapter 38, article 43, Affordable Housing. May only be utilized in developments subject to chapter 38, article 43. 8Not permitted on reduced size lots for work force housing as described in chapter 38, article 43. 9Accessory dwelling units in the RS and R1 districts shall be permitted to be placed above garages only in subdivisions receiving preliminary plat approval after January 1, 1997. 10Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. (Ord. No. 1645, § 18.16.020, 8-15-2005; Ord. No. 1693, § 4(18.16.020), 2-20-2007; Ord. No. 1709, § 2(18.16.020), 7-16-2007; Ord. No. 1761, exh. A (18.16.020), 7-6-2009; Ord. No. 1769, Exhibit E (18.16.020), 12-28-2009; Ord. No. 1828, § 9, 9-10-2012; Ord. No. 1838, §§ 1, 2, 9-10-2012; Ord. No. 1830, § 6, 9-24-2012; Ord. No. 1893, § 5, 8-11-2014; Ord. No. 1930, § 1, 1-3-2016) 314