HomeMy WebLinkAbout08-15-16 CC Mtg - C9. Ordinance 1956, Provisional Adoption - W. College ZMA Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Mayana Rice, Associate Planner
Brian Krueger, Development Review Manager
Chris Saunders, Interim Community Development Director
SUBJECT: Provisional adoption of Ordinance 1956 approving 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. Application 16248.
MEETING DATE: August 15, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: The City Commission provisionally approves Ordinance 1956
approving 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.
BACKGROUND: The City Commission held a public hearing on June 27th, 2016. The map
amendment was approved unanimously. The application amends the zoning map to increase
compliance with the growth policy.
The applicant has provided the required map and boundary description to enable preparation of the implementing ordinance.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Adopt the ordinance as provided by staff
2. Not adopt the ordinance
FISCAL EFFECTS: No immediate fiscal impacts are expected from this action. Future
development will generate both costs and revenues dependent on the nature of the development.
Attachments: Ordinance 1956 Exhibit A: 1905 W. College Street ZMA Staff Report compiled on: June 25, 2008
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ORDINANCE NO. 1956
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR A TRACT OF
LAND ENCOMPASSING 0.916 ACRES LOCATED AT 1905 W. COLLEGE STREET.
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, Mont. Code Ann. 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 to change the zoning from R-4 (Residential High Density District) to R-O (Residential-
Office)) has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held public hearings on June 7th, 2016,
to receive and review all written and oral testimony on the request for a zone map amendment;
and
WHEREAS, on June 7th, 2016, the Bozeman Zoning Commission voted 4:0 to
recommended that the zone map amendment be approved as recommended by the Community
Development Department as provided for in the staff report; and
WHEREAS, after proper notice, the City Commission held its public hearing on June
27th, 2016, to receive and review all written and oral testimony on the request for a zone map
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amendment; and
WHEREAS, the City Commission has reviewed and considered the eleven zone map
amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone
map amendment would be in compliance with the eleven criteria; and
WHEREAS, at its public hearing held on June 27th, 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
That the zoning district designation of the following-described property is hereby
designated as " R-O (Residential-Office) and all boundaries between districts being draw as
directed in Section 38.07.040, BMC:
A tract of land situated in the MOUNTAIN VISTA SUB, S11, T02 S, R05 E, Lot 1, LESS HWRW, City of Bozeman, Gallatin County, Montana; more particularly described as follows:
LEGAL DESCRIPTION
A tract of land being Tract 1 of Mountain Vista Subdivision less the Right of Way conveyed in Bargain and Sale Deed # 2304826, located in the Southeast One-Quarter of Section 11, Township 2 South, Range 5 East, P.M.M.
City of Bozeman, Gallatin County, Montana, more particularly described as follows:
Beginning at the Northeast corner of said tract, a C&H Yellow Plastic Cap; thence S 01°25'19" W a distance of 147.93 feet to a C&H Yellow Plastic Cap; thence along a tangent curve concave to the West, a distance of 131.74 feet having a radius of
3228.35 feet, a central angle of 02°20'17", a chord bearing of S 02°35'28" W and a chord length
of 131.74 feet to a C&H Yellow Plastic Cap; thence S 03°45'37" W a distance of 26.64 feet to a
C&H Yellow Plastic Cap; thence S 46°03'17" W a distance of 14.59 feet to a C&H Yellow Plastic Cap; thence N 88°38'07" W a distance of 113.26 feet to a R.H. Center Yellow Plastic Cap;
thence N 01°27'07" E a distance of 316.57 feet to a calculated point;
thence S 88°39'36" E a distance of 127.12 feet, to the Point Of Beginning;
containing 0.916 acres, more or less. Subject to all easements of record or apparent from a visual inspection of the property. See Exhibit A for a graphical depiction of the boundary
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Ordinance No. 1956, 1905 W. College Street Zone Map Amendment
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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.
That 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 “Zoning Map Amendments.”
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Ordinance No. 1956, 1905 W. College Street Zone Map Amendment
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Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance No. 1956, 1905 W. College Street Zone Map Amendment
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the _______ day of_____________, 2016.
___________________________________
CARSON TAYLOR
Mayor
ATTEST:
______________________________________ ROBIN CROUGH City Clerk
FINALLY ADOPTED 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
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Page 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;
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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
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SECTION 1 - MAP SERIES
16248
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16248
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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
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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.
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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.
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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
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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.
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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.
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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
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