HomeMy WebLinkAbout07-18-16 CC Mtg - A2. Ord 1953 Provisional, Simmental ZMA16206, Staff Report for the Simmental Zone Map Amendment Page 1 of 16
16206, City Commission Staff Report for the Simmental Zone Map
Amendment
Public Hearing Dates: Zoning Commission public hearing was held 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: Approve the Simmental Zone Map Amendment Application 16206, as
recommended by the Zoning Commission, and provisionally adopt Ordinance 1953.
City Commission Recommended Motion: Having reviewed and considered the text of the
ordinance, staff report, application materials, public comment, the deliberations and
recommendation of the Zoning Commission at the June 21, 2016 Zoning
Commission meeting and all information presented, I hereby adopt the findings
presented in the staff report for application 16206 and move to provisionally adopt
Ordinance 1953, the Simmental Zone Map Amendment.
Report Date: July 7, 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
142
16206, Staff Report for the Simmental Zone Map Amendment Page 2 of 16
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. 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. The Zoning Commission held a public hearing and considered the application on June 21, 2016. There was no public comment at the public hearing. As noted in the attached minutes, the Zoning Commission unanimously passed a motion recommending this Zone Map Amendment (ZMA) for approval by the City Commission with the findings presented in the staff report. This project is on an accelerated schedule because the applicant provided all the required materials for processing of the ZMA prior to the action of the City Commission on the project. Ordinance 1953 was drafted following receipt of the materials.
Alternatives 1. Adopt the amendment as requested; 2. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; 3. Deny the amendment and consider a zoning designation different than what has been requested by the applicant and continue the item for a minimum of one week to allow the applicant to consider options, and whether to protest the possible action as required under 38.37.030.D.2 BMC; 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.
143
16206, Staff Report for the Simmental Zone Map Amendment Page 3 of 16
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 ...................................................................................... 9 PROTEST NOTICE FOR ZONING AMENDMENTS ............................................................................ 12 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............................. 13 APPENDIX B - NOTICING AND PUBLIC COMMENT ....................................................................... 13 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................................... 14 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ........................................... 16 FISCAL EFFECTS .......................................................................................................................................... 16 ATTACHMENTS ........................................................................................................................................... 16
144
16206, Staff Report for the Simmental Zone Map Amendment Page 4 of 16
SECTION 1 - MAP SERIES
Figure 1 – Current zoning
145
16206, Staff Report for the Simmental Zone Map Amendment Page 5 of 16
Figure 2 – Community Plan land use designation
146
16206, Staff Report for the Simmental Zone Map Amendment Page 6 of 16
Figure 3 – Current land use
147
16206, Staff Report for the Simmental Zone Map Amendment Page 7 of 16
Figure 4 – Subject property, looking southeast from North 19th Avenue
Figure 5 – Subject property, looking west from Simmental Way
148
16206, Staff Report for the Simmental Zone Map Amendment Page 8 of 16
Figure 6 – Simmental Zone Map Amendment
149
16206, Staff Report for the Simmental Zone Map Amendment Page 9 of 16
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. None. The applicant provided all materials necessary for the processing of this Zone Map Amendment. 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 held a public hearing on this Zone Map Amendment on June 21, 2016 and forwarded a recommendation of approval 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 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.
150
16206, Staff Report for the Simmental Zone Map Amendment Page 10 of 16
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 a 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 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 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.
151
16206, Staff Report for the Simmental Zone Map Amendment Page 11 of 16
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 addressed during the development review process, where appropriate mitigation measures may be required. Sidewalks will be required with any future site development to connect the property to the existing public sidewalk network. Any development is subject to the City’s Long Range Transportation Plan and Parks, 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
152
16206, Staff Report for the Simmental Zone Map Amendment Page 12 of 16
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. An automobile sales and service center 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 maximum efficiency in use of the land. Neighboring building values will not likely be negatively impacted with the change in zoning of 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 that 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 that 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.
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
153
16206, Staff Report for the Simmental Zone Map Amendment Page 13 of 16
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 considered the application at its June 21, 2016 meeting and voted unanimously to recommend the City Commission approve the Zone Map Amendment. The City Commission will hold a public hearing on the application on July 18, 2016.
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.
154
16206, Staff Report for the Simmental Zone Map Amendment Page 14 of 16
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 hearing, it will be forwarded to 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. The following table from the Bozeman Community Plan shows the B-2 zoning correlation with the underlying Regional Commercial and Services growth policy designation.
155
16206, Staff Report for the Simmental Zone Map Amendment Page 15 of 16
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 of Commercial Uses is attached to this report.
156
16206, Staff Report for the Simmental Zone Map Amendment Page 16 of 16
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.
Ordinance 1953
Final Simmental Zone Map Amendment Exhibit
Application Materials
Zoning Commission Meeting Minutes from June 21, 2016
Engineering Memo
Email from MDT
Table 38.10.020
157
ORDINANCE NO. 1953
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM M-1, LIGHT MANUFACTURING DISTRICT TO B-2, COMMUNITY BUSINESS DISTRICT FOR 7.406 ACRES 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.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, Mont. Code Ann.; states that the Zoning Commission
must conduct a public hearing and submit a report to the City Commission for all zoning map
amendment requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, Mont. Code Ann.; and
WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed Zone Map Amendment to amend the City of Bozeman Zone
Map from M-1, Light Manufacturing District to B-2, Community Business District for 7.406
acres, has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on June 21, 2016
to receive and review all written and oral testimony on the request for a Zone Map Amendment;
and
WHEREAS, upon a vote of 5-0, the Bozeman Zoning Commission recommended to the
Bozeman City Commission that the zone map amendment be approved; and
158
Ordinance No. 1953, Simmental Zone Map Amendment
Page 2 of 5
WHEREAS, after proper notice, the City Commission held its public hearing on July 18,
2016, to receive and review all written and oral testimony on the request for a Zone Map
Amendment; and
WHEREAS, the City Commission has reviewed and considered the twelve zone change
criteria established in Section 76-2-304, M.C.A., and found the proposed zone map amendment
to be in compliance with the twelve criteria; and
WHEREAS, at its meeting held on July 18, 2016, the City Commission found that the
proposed Zone Map Amendment would be in compliance with Bozeman’s adopted growth
policy and would be in the public interest.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
The zoning district designation of the following-described property is hereby designated as
"B-2", Community Business District:
A tract of land being Lot 1 of Tract 2 of the Gardner – Simmental Plaza Subdivision, Plat J -5,
located in the northeast quarter of Section 35, Township 1 South, Range 5 East, P.M.M., City of
Bozeman, Gallatin County, Montana, more particularly described as follows:
Beginning at the northwest corner of Lot 1 of Tract 2, from which the one-quarter corner
common to Sections 35 & 36, Township 1 South, Range 5 East, P.M.M. bears S 31°34’31” E a
distance of 1567.71 feet;
thence N 89°08'38" E a distance of 669.51 feet;
thence south a distance of 463.71 feet along a non – tangent curve concave to the west having a
radius of 4127.5 feet, a central angle of 6°26’13”, a chord bearing of S 10°01’42” E and a chord
length of 463.46 feet;
thence S 90°00’00” W a distance of 750.14 feet;
thence N 00°00’00” E a distance of 446.37 feet to the point of beginning;
containing 7.406 acres, more or less.
SUBJECT to all easements of record or apparent from visual inspection
of the property.
159
Ordinance No. 1953, Simmental Zone Map Amendment
Page 3 of 5
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance
be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in
a category entitled “Zone Map Amendments.”
160
Ordinance No. 1953, Simmental Zone Map Amendment
Page 4 of 5
Effective Date.
The effective date is thirty (30) days after final adoption of this ordinance on second
reading.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading, at a regular session thereof held on the 18th day of July, 2016.
CARSON TAYLOR MAYOR
ATTEST:
ROBIN CROUGH CITY CLERK
161
Ordinance No. 1953, Simmental Zone Map Amendment
Page 5 of 5
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana, on second reading, at a regular session thereof held on the _____
day of __________________________ 2016. The effective date of this ordinance is
_________________, _______, 2016.
CARSON TAYLOR
MAYOR
ATTEST:
ROBIN CROUGH
CITY CLERK
APPROVED AS TO FORM:
GREG SULLIVAN CITY ATTORNEY
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
City Planning Board and Zoning Commission
Tuesday, June 21, 2016 6:00 PM
City Commission Chamber – 121 N. Rouse Ave.
A. Call meeting to order – Zoning Commission Only
Dan Stevenson – Present
Erik Garberg – Present
Julien Morice – Present
George Thompson – Present
Chris Mehl – Commission Liasion - Present
B. 06:04:25 PMChanges to the Agenda – No changes to the agenda.
C. 06:04:30 PM Public Comment –No Public Comment.
D. Action Items - 06:04:45 PM
1. Simmental Zone Map Amendment, Application 16206 (WerBell)
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.
06:05:00 PM Mitch Werbell enters his staff report into the record and begins presentation on
the Simmetal Zone Map Amendment.
06:09:15 PM Questions for staff.
179
06:09:25 PM Chris Mehl questions if there’s any more information on the connectivity concerns
from engineering. Mr. Werbell responds in detail.
06:10:39 PM Applicant Brianna Baker from Madison Engineering begins short presentation on
the project.
06:11:23 PM Questions for applicant
George Thompson questions the connectivity issue. Applicant responds that they would need to
do a traffic study.
Board discusses if connectivity impacts decision regarding connectivity.
06:13:09 PM Public Comment for Simmental – No public comment.
06:13:22 PM Julien Morice moves: 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 Ammendment, with contingencies required to complete the
application processing.
Second by Dan Stevenson
06:14:01 PM Mr. Morice states that he supports the change because it seems to support the
goals long term and mirrors what everyone wants.
Mr. Garberg states he feels the discussion was largely completed when this project last came to
the board, so it’s an easy decision.
06:14:48 PM Board approves unanimously.
06:15:02 PM Board takes a recess while we wait for the other planning board members to
arrive.
E. 06:34:37 PM Call meeting to order – Bring Planning Board to Order
Brianne Dugan – Present
Henry Happel - Present
Dan Stevenson – Present
Chris Mehl – Present
Erik Garberg – Present
George Thompson – Present
Paul Spitler – Present
180
Julien Morice – Present
Laura Waterton – Present
Jerry Pape - Present
1. Amend the Bozeman Municipal Code to create a cottage housing residential
type. 06:35:53 PM
Recommended Motion: Having reviewed and considered the proposed ordinance, public
comment, and all the information presented, I hereby adopt the findings presented in the staff
report for application 16146 and move to recommend adoption of Ordinance 1952
06:36:03 PM – Chris Saunders begins presentation of the cottage housing ordinance.
Mr. Saunders states that there has been no formal public comment on the ordinance
specifically. But they have received comments in conjunction with the UDC update.
Mr. Saunders indicates that homes are increasing as number of individuals per household is
decreasing.
06:39:54 PM Mr. Saunders states that we are on the cusp of a trend for a demand smaller
homes.
06:41:08 PM Mr. Saunders states that we are creating a variation on single family homes and it
is completely optional to do it. However, if developers opt for cottage housing, there is a
requirement to include affordable housing.
06:42:38 PM Mr. Saunders explains definition of “cottage” and “cottage housing”.
06:42:59 PM Mr. Saunders stated that they are proposing these in all residential districts, except
in residential suburban districts. Continues to explains why it is not included in RS.
06:44:05 PM Mr. Saunders states that there are some projects in town that look similar to
cottage housing, but not exactly. They were all developed as condominiums and provides
images of these examples from town.
06:45:41 PM Mr. Saunders explains that the benefit of not developing these as condominiums is
that home ownership for fee-simple properties is easier.
06:46:23 PM Mr. Saunders discusses primary and dependent lots.
06:48:28 PM Mr. Saunders discusses how Cottage Housing mirrors other subdivisions.
Mr. Saunders explains building code requirements that get us to minimum square footage for a
home in Bozeman.
181
06:50:52 PM Mr. Saunders discusses the unique elements to Cottage Housing that differ from
other subdivisions. Expedited review, individual ownership (not condominium), design
standards, concurrent construction with infrastructure, dwelling size restrictions (max house
size), has a subdivision exemption option and requires affordable housing.
06:54:13 PM Mr. Saunders discusses design standards and provides layout examples.
06:56:04 PM Mr. Saunders states attention to detail makes or breaks the projects. Details on
home appearance and how the homes interact with one another. Provides examples of types of
designs they are trying to avoid and samples of ideal cottage housing groups.
06:58:17 PM Mr. Saunders discusses the affordable house requirement.
06:59:22 PM Mr. Saunders explains the review process differences for these types of projects.
Mr. Saunders indicates there are departures from the requirements that they will consider.
07:00:22 PM Mr. Saunders states that the design standards is the most detailed portion of the
ordinance.
07:00:47 PM Mr. Saunders states that cottage housing is an allowance, it is not requires and not
guaranteed. It is largely design dependent – you must be able to make it work within the
requirements.
07:01:41 PM Mr. Saunders discusses the Criteria of Evaluation.
Staff believes this could be a positive thing for the community and like that it offers more
options for developers.
07:03:40 PM Mr. Saunders states that there has been an architect who is developing a test site
and it has helped to develop the text of the ordinance.
07:05:16 PM Questions for staff
George Thompson questions the required number of affordable units required. Mr. Saunders
responds that the ordinance was designed for the affordable housing initiatives. There is a
minimum of 4 homes for a cottage housing cluster and at least one of those needs to be
affordable.
Mr. Thompson questions if the other homes would be subsidizing the affordable home. Mr.
Saunders explains that may not necessarily be the case.
Mr. Thompson states that we have a common open space between all the units, so he questions
if there was any thought given to reducing park land requirements. Mr. Saunders responds that
part of the affordable housing ordinance, developers already do get a discount on how much
parkland is required. Mr. Saunders responds.
182
07:11:50 PM Mr. Thompson questions how many homes have been built at the minimum home
size to date. Mr. Saunders responds that no homes have been built to that size. The minimum is
just a minimum. Home size should be consumer driven.
Mr. Saunders states that this is a tool to allow for alternatives for special situations without
invoking a number of variances, etc. to make a project work.
07:14:32 PM Mr. Thompson states that between 4 and 10 units on a cottage housing project,
you must provide at least one affordable unit. Mr. Saunders explains that it is between 1 and 3
units – 1 at 70% AMI or 3 at 90%.
Mr. Saunders explains that the homes do not need to be the same, they just need to be similar
on the exterior to mix with the surrounding homes.
Board continues to discuss what is or is not allowed with regards to difference between the
market price home and affordable units.
07:17:20 PM Mr. Thompson questions if this ordinance would have a larger impact on the
middle class if we removed the affordable housing component. Mr. Saunders states that these
units are usually upper end units – they maintain high costs.
07:18:43 PM Mr. Pape states that he feels this is great work and innovative. He discusses the
problems regarding financing availability for condominiums. Mr. Pape provides an example
within the town that is a good example of this.
Mr. Pape states that he is concerned with the availability of financing for these units – bankers
he works with will likely not approve this project. He states that holding up the affordable
pricing of this will impact the pricing of the other units. Mr. Pape states that we need to
determine if anyone would lend on this.
07:22:08 PM Mr. Pape questions how this would have impacted projects in the past. Mr.
Saunders responds in detail.
Mr. Pape states that it would be essential to explore the financing available and the
ramifications of making the builder go down the path of affordability.
07:24:18 PM Dan Stevenson questions if Jerry Pape was implying that the first unit would be
required to be the affordable unit. Mr. Pape responds.
Mr. Stevenson states that it would be ideal to present the affordable unit last to avoid any
appraisal issues at the time of sale. Mr Pape agrees that would be ideal.
07:28:08 PM Mr. Garberg states that the affordable housing portion is outside of the purview of
the board. Mr. Pape responds that he still doesn’t want to approve anything with some hidden
challenges.
183
07:29:08 PM Mr. Stevenson questions fire department access. Mr. Saunders states that’s why
design is key – they have to meet fire access codes.
07:30:54 PM Mr. Pape states that this will also bring up insurance questions. Mr. Saunders
states that the spacing requirements were there to allow for fire standards and that if the units
got closer together, then they would need to do fire rating, etc.
07:32:20 PM Paul Spitler would like more information on what about the ordinance is needed.
What problems do the code have. Mr. Saunders responds it would allow fee-simple lending, in
addition, the current code requires certain lot sizes which implies larger homes. This allows for a
coordinated design to allow for smaller lots and smaller homes, so more flexibility.
Mr. Garberg states it is also a more defined approval path.
07:34:59 PM Mr. Mehl questions the amount of time saved for this process instead of a minor
subdivision. Mr. Saunders states that it will save 2.5-3 months – but up to 1 year if you require
subdivision exemption.
07:36:23 PM Mr. Mehl questions why they are requiring an HOA. Mr. Saunders responds that
there is a requirement for public open space and someone needs to manage and hold
ownership of that – that is the HOA.
07:37:15 PM Mr. Mehl questions the set back requirements. Mr. Saunders responds that there
are two sets of setback requirements. There are primary lots and dependent lots which require
different setbacks.
07:39:17 PM Mr. Mehl question the roof standards and why a pitched roof is required. Mr.
Saunders responds there is an increase of flat roofs being presented. He states it has to do with
neighborhood feel. In addition, it will impact the massing of the buildings.
07:41:57 PM Laura Waterton questions if you could combine multiple lots in an existing
subdivision and still go through the subdivision exemption process. He states you could bring
them forward for this, but when platted, it will remove the original lot lines.
Mr. Morice questions firewall requirements and if there are issues with the roof hanging over lot
lines.
Mr. Saunders responds that they have run the firewall requirements by the building division and
that’s where the requirement comes from.
He states that with regards to the roof the concerns they’ve addressed is that there will be
cooperation between homeowners that would allow for shared space between homes. Also,
drainage, someone is paying attention to the project as a whole which would account for all
drainage. Clarification that foundation wouldn’t be on the lot line, the widest part of the
building would be on the lot line.
184
07:46:47 PM Mr. Pape states that he feels these ideas will work, but he has seen these types of
exploratory projects fail. He would like to know if there were provisions for amending the code
quickly to refine the ordinance more quickly. Mr. Saunders responds that we could design this
with an expiration date that needs to be renewed if it is successful and others want to be
renewed. Mr. Saunders states other than that, it would require an ordinance to amend it.
07:50:05 PM Open for Public Comment.
07:50:28 PM Luke Howard – SWMBA – He feels that the second draft has addressed a lot of the
issues presented initially. He agrees with Chris Saunders, that it would require the design
community to be creative with their design. He states that the open space should be counted
toward their park land dedication. He said he understands Jerry Pape’s concerns with regards to
financing. He feels there are developers who may come from out of state with links to out of
state bankers who are more comfortable with these types of loans. He states that with building
approving the design, that there shouldn’t be a huge concern with getting insurance. He states
there is a demand for these smaller homes on smaller lots. He feels this reflects the spirit of
cottage housing and diversity for Bozeman.
07:55:00 PM Ben Lloyd – CommaQ Architecture – He feels it’s another tool in your tool box for
good design. It allows designers more options. He states that he feels it’s innovative because of
the space between the homes. He states that it provides transitional space between zones. He
states that with regards to affordability, it becomes more affordable to provide a smaller
affordable home than a large affordable home, if subsidizing through the other homes.
07:58:20 PM Mr. Garberg states that he thinks they have used the “cottage housing” title
because there are other aspects of innovative that they may try to explore.
07:58:44 PM Close public comment.
07:58:49 PM George Thompson makes a motion for the planning board and zoning
commission: Having reviewed and considered the proposed ordinance, public comment, and
all the information presented in the staff report for application 16146 and move to
recommend adoption of Ordinance 1952.
Jerry Pape Seconds for planning board
Julien Morice Seconds for zoning commission
Mr. Thompson speaks to his motion. That it he appreciates the design requirements. He is
challenged by the affordable housing requirements and the 800 sq ft minimum. He feels home
ownership is not a right, it’s a privilege, if you’re not in a position to own a home, then the cost
could burden you.
08:02:43 PM Mr. Morice states he likes this. He agrees it is another tool in the tool box. He said
most of his concerns have been addressed. He states that the appraisal portion concerns him, so
185
maybe the affordable home should be the smaller unit, or else it may drag down the cost. He is
concerned about with resale price. He questions if there is these could all be rentals or if there is
homeowner occupied requirements. He thinks it is potentially a great program. He feels it would
be nice to do this as not an affordable option as well. He would also like to see it tested at first
and see how it looks after making changes through a few samples.
08:06:35 PM Jerry Pape states that talking to an appraiser would be a good idea. He states that
designating an affordable unit would be helpful. He feels the City should give the planner the
ability to work backwards and refine what was written before it goes into final approval. He
feels he supports this because the findings are there. He thinks there are projects like this
already available in town that are similar.
08:08:43 PM Henry Happel states that he will support the motion. He likes that we’re expanding
the development types available. He states that he likes that we were able to look at other
communities that have developed this in the past to build our plan on. He feels the planners
have thought through many of the issues. He states that he suspects there will be areas that
need revision and hopes we bring forward those amendments for approval.
08:10:14 PM Mr. Garberg states that he would go to 20% and not limit it to 10% for affordable
housing. He feels the City needs to be involved in the management of these in some way. He
feels attached garages shouldn’t be included toward total square footage. He is concerned with
the roof requirements as
08:11:58 PM
Planning Board Vote:
In Favor: Henry Happel, Chris Mehl, Jerry Pape, Laura Waterton, Brianne Dugan, Paul Spittler
Against: George Thompson
Motion Passes
Zoning Commission Vote:
In favor: Erik Garberg, Julien Morice, Dan Stevenson
Against: George Thompson
Motion Passes
F. FYI/Discussion 08:13:20 PM
Mr. Saunders informs the board about the strategic plan update taking place.
186
08:14:00 PM Mr. Saunders informed the board that Montana Department of Transportation is
looking for input for their transportation plan update.
G. 08:17:05 PM Adjournment
For more information please contact Alicia Kennedy at akennedy@bozeman.net
This board generally meets the first and third Tuesday of the month at 7:00pm
Committee meetings are open to all members of the public. If you have a disability and require
assistance, please contact our Interim ADA coordinator, Chuck Winn at 582-2307 (TDD 582-2301).
187
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
------------------------------------------------------------------------------------------------------------------------------
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
188
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.
189
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 Meeting hall — P P Offices, as defined in this chapter P1/C P P3
190
Table of Commercial Uses B-1 B-2 B-3 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.
191