HomeMy WebLinkAbout09-12-16 CC Mtg - A5. Story Mill ZMAPage 1 of 15
16300, Staff Report for the Zone Map Amendment (ZMA) for Story Mill Road & Hillside
Lane
Project Description: A zone map amendment to revise the zoning map from R-2 (Residential
Medium Density) to R-4 (Residential High Density) on 1.6039 acres.
Project Location: The proposal would affect 1.6039 acres of land. The property is not
addressed, is located at Story Mill Road and is legally described as S32, T01 S, R06 E, C.O.S.
1895, TRACT 1 SW4 1.604AC LESS HWRW PARKS/STORY MILLS ANNEX TO BZN
(COS 2547 RETRACEMENT OF COS 1895), 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 16300 with
contingencies.
Report Date: August 16, 2016
Staff Contact: Mayana Rice, Associate Planner
Shawn Kohtz, 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-2 (Residential Medium Density) to R-4
(Residential High Density) on 1.6039 acres. Currently the parcel has “split zoning,” including
both R-4 and R-2. The changes are preparatory for the applicant’s desire to ultimately construct a
multi-household structure. The current “split zoning” would require that the entire parcel meet
the more restrictive zoning requirements of R-2.
Public comment has been received regarding the following items:
1. Concern over the height of R-4 zoning adjacent to single story structures.
2. Questions regarding the utility easements for gas and electricity along the eastern
boundary of the project.
3. Clarification requested on the existing ditch and future stormwater requirements on the
site.
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Alternatives
1. Adopt the amendment as requested.
2. Deny the amendment.
Zoning Commission Motion
The Zoning Commission (ZC) considered the case on August 16, 2106. There were a number of
public comments including concern over density, height of buildings, traffic, road reconstruction,
neighborhood incompatibility, stormwater and quality of design. Six (6) people attended this
meeting to provide comments in opposition. The ZC made a 2 to 1 motion to recommend
approval of the ZMA to the City Commission.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
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 ................................. 8
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SECTION 1 - MAP SERIES
Future Land Use Map
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Zoning Map
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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.
Recommended Conditions of Approval:
1. That all necessary documents and exhibits shall be identified as the “Story Mill – Hillside
Lane Zone Map Amendment.”
2. That the applicant submit a zone amendment map, titled “Story Mill – Hillside Lane
Zone Map Amendment,” on a 24” by 36” mylar, an 8 ½” by 11” or 8 ½” by 14” paper
exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public
Works, which will be utilized in the preparation of the Ordinance to officially amend the
City of Bozeman Zoning Map. 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 not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor,
and a 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 August 3, 2016. The
DRC did not identify any regulatory constraints that would impede the approval of the
application. Infrastructure upgrades, including street, water, and sewer, will be required for any
development that occurs on this site.
The Zoning Commission held a public hearing on this ZMA on August 16, 2016, at 121 N.
Rouse Avenue, Bozeman.
The City Commission will hold a public hearing on the ZMA on September 12, 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 - 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 a growth policy.
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Yes. The site is designated Residential. Table C-16 of the growth policy shows R-4 as an
implementing district of the Residential designation. The Table of authorized zoning uses within
the R-4 District is also provided in Appendix A.
The Residential designation of the Bozeman Community Plan states that; “This category
designates places where the primary activity is urban density dwellings. Other uses which
complement residences are also acceptable such as parks, low intensity home based occupations,
fire stations, churches, and schools.”
Supportive examples of applicable goals and objectives of the Bozeman Community Plan for this
application include:
Chapter 2 – Addressing Growth and Change
Objective G-2.3: 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-1.4: Provide for and support infill development and redevelopment that
provides additional density of use, while respecting the context of the existing
development which surrounds it. Respect for context does not automatically prohibit
difference in scale or design.
Objective LU-4.3: Encourage the creation of well-defined residential neighborhoods.
Each neighborhood should have a clear focal point, such as a park, school, other open
space or community facility, and shall be designed to promote pedestrian convenience.
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.
Objective C-4.3: Ensure the development of new residential structures that are
aesthetically pleasing through urban design.
Chapter 6 – Housing
Objective 2.3: Support infill development and the preservation of existing affordable
housing and encourage the inclusion of additional affordable housing in new infill
developments.
In considering the appropriateness of a particular zoning district for a site, it is appropriate to
consider what district will most fully advance the community plan goals. As a zone map
amendment is a legislative, not quasi-judicial matter, the City has broad discretion to decide
the course considered most suitable.
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The parcel has split zoning between R4 and R-2. The predominant municipal designation in
the surrounding area is R-4. The R-4 zoning designation requested is consistent with the
Residential 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 zoning districts. The generally adopted standards of the municipal code will ensure
adequate supply for sanitation, clean water, stormwater control and other items 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-4 (Residential High Density) designation was evaluated against this criterion during
the legislative adoption of the district. It has been determined that the district complies. The
regulatory standards set forth in the Bozeman Municipal code for the requested R-4 zoning
district provide the necessary provisions (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.
F. The effect on motorized and non-motorized transportation systems.
Yes. The R-4 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.
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G. Promotion of compatible urban growth.
Yes. This area is at the intersection of Story Mill Road, Hillside Lane and Bridger Drive. There
will be access for the property. The proposed zoning district will allow a continued urban growth
pattern that is prevalent throughout the immediate vicinity and is located on the same parcel.
Therefore, this criterion is met.
H. Character of the district.
Yes. R-4 uses are residential in nature; since the adjacent properties are residential in nature, the
character of this area will be reinforced by an R-4 zoning designation.
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 will
specify mitigation as needed.
I. Peculiar suitability for particular uses.
Yes. The site has been determined appropriate for R-4 uses. The proposed zone map amendment
would not substantially alter the suitability of this property to accommodate further
intensification of residential or business uses.
J. Conserving the value of buildings.
Yes. R-4 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 the 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-4 zoning
encourages the most appropriate uses of the subject property and 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 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) and R-2 (Residential Medium
Density). The Applicant is proposing to change the zoning of this property to all R-4 (Residential
High Density) for a future apartment development.
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Adopted Growth Policy Designation:
The following designations are applicable to this application.
Residential. The Plan indicates that; “This category designates places where the primary activity
is urban density dwellings. Other uses which complement residences are also acceptable such as
parks, low intensity home based occupations, fire stations, churches, and schools. High density
residential areas should be established in close proximity to commercial centers to facilitate the
provision of services and employment opportunities to persons without requiring the use of an
automobile. Implementation of this category by residential zoning should provide for and
coordinate intensive residential uses in proximity to commercial centers. The residential
designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.”
Table C-16 - Zoning Correlation with Land Use Categories – Indicates that R-4 zoning is one
of the zoning districts envisioned for the “Residential” Growth Policy Designation.
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Following is the Table of R-4 Uses from the Bozeman Municipal Code, indicating permitted
land uses within the R-4 zoning district.
Sec. 38.08.020. – Authorized uses.
A. Uses in the various residential districts are depicted in Table 38.08.020 in subsection C of
this section. 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 "-".
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.
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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
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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
Lodginghouses — — — 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
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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
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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,
Exh. 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)
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice of the public hearings before the Planning Board and City Commission was given 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.
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: 2411 LLC &
UND 84%, Mike Schlegel 2900 Branding Iron Rd, Bozeman MT 59715 Applicant: Redleaf
Engineering LLC, P.O. Box 161085, Big Sky, MT 59716 Representative: Jeffrey Brandner
1118 Bridger Dr, Bozeman, MT 59715 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
273
A1
Development Review Application A1 Page 1 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
DEVELOPMENT REVIEW APPLICATION
1. PROJECT
Development
Name:
Description:
2. PROPERTY OWNER
Name:
Full Address:
Phone:
Email:
3. APPLICANT
Name:
Full Address:
Phone:
Email:
4. REPRESENTATIVE
Name:
Full Address:
Phone:
Email:
5. PROPERTY
Full Street
Address:
Full Legal
Description:
Current
Zoning:
Current Use:
Community
Plan
Designation:
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Development Review Application A1 Page 2 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
Overlay
District: Neighborhood Conservation Entryway Corridor None
Urban
Renewal
District:
Downtown North 7th Avenue Northeast None
6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26)
Gross Area: Acres: Square Feet:
Net Area: Acres: Square Feet:
Dwelling
Units:
Nonresidential
Gross Building
Square Feet:
7. APPLICATION TYPES
Check all that apply, use noted forms. Form Form
1. Pre-application Consultation None 17. Informal Review INF
2. Master Site Plan MSP 18. Zoning Deviation None
3. Site Plan SP 19. Zoning or Subdivision
Variance
Z/SVAR
4. Subdivision pre-application PA 20. Conditional Use Permit CUP
5. Subdivision preliminary plat PP 21. Special Temporary Use
Permit
STUP
6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP
7. Subdivision exemption SE 23. Regulated Activities in
Wetlands
RW
8. Condominium Review CR 24. Zone Map Amendment (non
Annexation)
ZMA
9. PUD concept plan PUDC 25. UDC Text Amendment ZTA
10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA
11. PUD final plan PUDFP 27. Modification/Plan
Amendment
MOD
12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT
13. Administrative Interpretation
Appeal
AIA 29. Reasonable Accommodation RA
14. Administrative Project Decision
Appeal
APA 30. Other:
15. Commercial Nonresidential COA CCOA
1 6. Historic Neighborhood
Conservation Overlay COA
NCOA
8. APPLICATION FEES AND MATERIALS
A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an
estimate.
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Development Review Application A1 Page 3 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
B. Application materials shall be submitted for each application as shown in the specific guidance
and checklists that is provided for each application type. A common development review application
form and common notice materials may be provided for an application that includes more than one
application type. All other application materials shall be submitted for each individual application
type per the project guidance and checklists.
9. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if different) for
all application types before the submittal will be accepted. The only exception to this is an informal
review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this
application for review under the terms and provisions of the Bozeman Municipal Code. It is further
indicated that any work undertaken to complete a development approved by the City of Bozeman
shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee
Program and impact fees may be assessed for my project. Further, I agree to grant City personnel
and other review agency representative’s access to the subject site during the course of the review
process (Section 38.34.050, BMC). I (We) hereby certify that the above information i s true and
correct to the best of my (our) knowledge.
Certification of Completion and Compliance – I understand that conditions of approval may be
applied to the application and that I will comply with any conditions of approval or make necessary
corrections to the application materials in order to comply with municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction
not in compliance with the approved final plan may result in delays of occupancy or costs to correct
noncompliance.
Applicant
Signature:
Printed Name:
Owner
Signature:
Printed Name:
Owner
Signature
Printed Name:
If signing as a corporation, please provide the title and position of the individual signing on behalf of the
corporation. Attach separate sheets for additional owner signatures.
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
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Zoning Amendment – ZMA Bozeman, Montana
Job # 060316.976 www.redleaf-consulting.com 1
REDLEAF
July 6, 2016 Brian Krueger
Development Review Manager, Community Development
City of Bozeman
20 East Olive St. P.O. Box 1230 Bozeman, MT 59771
Ph: 406.582.2259
RE: Zoning Map Amendment Tract 1, C.O.S. 1895 Bozeman, MT
Dear Brian,
This property currently has two zoning designations, R-2 and R-4. The boundary between these zoning designations on this tract is not delineated by any logical line as outlined in Sec.
38.07.040.A list items 1-6 of the Unified Development Code. Our understanding is that this was
caused by the previously proposed Story Mill Subdivision. In short, the zoning was defined and
approved along proposed new boundary lines for the subdivision (File #Z07014, Ordinance #1721). However, the subdivision project never achieved final plat, therefore the boundary lines, which the zoning map was intended to follow, do not exist. As a result, the zoning map divides
this property with no logically defined line.
This Zone Map Amendment is intended to relocate the zoning boundary line along the east property boundary in accordance with Sec. 38.07.040.A.2. The applicant is requesting that the entire lot be zoned R-4. In support of this request, the applicant’s responses to each checklist item
in the Zone Map Amendment Required Materials form ZMA are presented on the following pages.
If you have any additional questions or comments, please feel free to contact me via email: philipk@redleaf-consulting.com or phone: 406.995.2996.
Sincerely,
Philip Kedrowski, PE
Redleaf Engineering, LLC Cc: Jeff Brandner
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Zoning Amendment – ZMA Bozeman, Montana
Job # 060316.976 www.redleaf-consulting.com 2
REDLEAF
Attachments:
ZMA Criteria Responses,
Development review application, form A1,
Zone Map Amendment Required Materials form ZMA,
Existing Zoning Map,
Exhibit A, ZMA, (2) 24x36, (1) 11x17
COS 1895,
Noticing Materials, form N1,
Neighboring property address list,
Neighboring property addressed envelopes, #10,
Application review fee: $1,785+1.6($57) = $1,876.20.
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Zoning Amendment – ZMA Bozeman, Montana
Job # 060316.976 www.redleaf-consulting.com 3
REDLEAF
ZONE MAP AMENDMENT CRITERIA
1. A thorough project narrative including a detailed response to the following:
a) Is the new zoning designed in accordance with the growth policy? How?
Yes, we believe this ZMA is in accordance with the growth policy. The Bozeman Community Plan (growth policy), identifies seven key principles
for organizing Bozeman’s future physical development. These principals,
along with our explanation of how this ZMA is in accordance, are as
follows: 1. Neighborhoods
This ZMA will not change the character of the existing neighborhood
because no neighborhood exists at the site location. R-4 designation on this property would encourage a development that would provide a new neighborhood with a sense of familiarity and intimacy because it
will likely result in development of high quality multi-family
structures. These homes would share common amenities such as park
and garden areas. An R-4 neighborhood in this location would allow pedestrian connectivity to the other multi-family structures within the tract. In addition, it would provide pedestrian connectivity to future
developments on neighboring properties.
The surrounding zoning to the west and to the south includes B-1 and B-2 designations. It is foreseeable that business parks will be created in these areas that are similar to the Cannery district development with
restaurants, coffee shops, etc. An R-4 neighborhood adjacent to these
business would facilitate a sense of familiarity and intimacy because
they could shop and become regulars at their neighborhood stores. 2. Sense of Place
Being adjacent to the Story Mill, a sense of place is intrinsic to this
property. R-4 designation in a location adjacent to the historic Story Mill, and any potential Story Mill commercial center, would help to reinforce the compact pattern of historic Bozeman.
3. Natural Amenities
The proposed ZMA would not negatively impact any of the natural amenities surrounding Bozeman. There are no known, streams,
wetlands, large trees nor other natural amenity located on this site that
would be negatively impacted by the R-4 zoning designation.
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4. Centers As mentioned, this site is located adjacent to both B-1 and B-2 zoning
districts. It is likely that commercial centers similar to the Cannery
District or the South Towne Center will be created in these locations.
The R-4 designation on this site would create high density residential housing within walking distance of these potential future commercial centers.
5. Integration of Action
This ZMA will have no negative effect on integration of action. Any future R-4 development on this property will be required to meet all
City policies and programs including facility planning and
construction for services such as domestic water, stormwater,
wastewater and transportation. 6. Urban Density
R-4 zoning allows high density residential development. This is in
accordance with the intent that Bozeman is a city and the housing densities are intended to be higher than those in rural areas.
7. Sustainability
Creating high density residential R-4 areas helps consolidate development and consumption of sustainable resources such as rangeland and wild life habitat. High density housing is generally
more sustainable than low density sprawl developments.
Guided by these seven basic ideas, the guiding principles established in the Bozeman Community Plan (growth policy), were used to prepare the land use designations, policies, and map. Next, we have listed all of these
principles that a ZMA, establishing R-4 designation on this tract, would
help to achieve.
• Development based on neighborhoods, including commercial neighborhoods.
• Neighborhood with easily identified centers and edges.
• Neighborhood that is compact and serves housing needs.
• Transportation systems that support the desired land use pattern and be interconnected multi-modal networks (e.g. bicycles,
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pedestrian, transit, automobiles or other vehicles) rather than focusing solely on automobiles.
• A diverse mix of activities occurring within proximity to each.
• Urban design integrating multi-modal transportation, open spaces, land use activity, and quality of life.
• Open spaces, including parks, trails, and other gathering places, in
convenient locations.
• Development that is integrated into neighborhoods and the larger
community rather than as a series of unconnected stand-alone
projects.
• A variety of housing and employment opportunities.
• Land development that is compatible with and furthers other community goals.
• Land use designation that responds to a broad range of factors, including natural constraints, economic constraints, and other community priorities.
• Infill development encouraging the efficient utilization of land and
existing infrastructure systems.
b) Will the new zoning secure safety from fire and other dangers? How?
Yes. This is implicitly understood because half of the site is already
designated R-4, therefore if the existing R-4 and R-2 zoning secures safety from fire and other dangers, then the proposed R-4 only zoning does the
same.
c) Will the new zoning promote public health, public safety and general
welfare? How?
Yes. This is implicitly understood because half of the site is already
designated R-4, therefore if the existing R-4 and R-2 zoning promotes
public health, public safety and general welfare, then the proposed R-4
only zoning does the same.
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d) Will the new zoning facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements? How? This site is adjacent to a local street on the south (Hillside Lane), a
collector street on the west (Story Mill Road), and an arterial street on the
north (Bridger Drive). Being adjacent to this unique combination of local, collector, and arterial streets allows this site to have adequate transportation for the support of the R-4 designation. In addition, the site
is within the City of Bozeman and any future development will connect to
the city water and sewerage systems.
This property falls within the Hawthorne elementary school district, the Chief Joseph middle school district, and the Bozeman high school
districts. Adding high quality high density residential (R-4) housing at
this site will increase the property tax base that supports these districts.
Finally, this site is located within walking distance of the proposed 55 acre Story Mill Community Park. The proposed high density R-4 zoning will
allow more neighborhood residents to make use of this park without the
need to drive to the park.
e) Will the new zoning provide reasonable provision of adequate light and air? How?
Yes, provision of light and air will not be changed by the new zoning
since the existing zoning includes R-4. f) Will the new zoning have an effect on motorize and non-motorized transportation systems? How?
It will not affect existing motorized and non-motorized transportation systems. This site is adjacent to a local street on the south (Hillside Lane), a collector street on the west (Story Mill Road), and an arterial street on
the north (Bridger Drive). Being adjacent to this unique combination of
local, collector, and arterial streets allows this site to have adequate
transportation for the support of the R-4 designation. Further, this ZMA does not propose a change to any existing road, bus route, and/nor trail or bike route.
g) Does the new zoning promote compatible urban growth? How?
Yes, as discussed above the proposed R-4 zoning increases residential home density. Increased density is not only compatible to urban growth, it
is the point of urban growth.
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h) Does the new zoning promote the character of the district? How? It does, as outlined above, the R-4 designation will have the effect of
increasing the number of residents in the neighborhood of the Story Mill
district. These neighborhood residents will have pedestrian and bike
access to the surrounding business centers and 55acre park.
i) Does the new zoning address the affected area’s peculiar suitability for
particular uses? How?
Yes, this zoning enhances the areas’ peculiar suitability for a particular use. In this case we estimate the peculiar suitability is established by the
presence of the Story Mill. Since the Story Mill area has B-1 and B-2
zoning, it is peculiarly suitable to become a Story Mill themed commercial
center similar to the Cannery District commercial center. This ZMA would enhance this peculiar suitability because it provides high density R-4 residential neighborhood adjacent to these commercial center locations.
This would allow pedestrian access and enhance a community feel in the
Story Mill district.
j) Was the new zoning adopted with a view to conserving the values of buildings? How?
Yes, since values are based on comparably located properties, it is
expected that high quality multi-family residential units in this location will not only conserve, but it will also enhance the values of surrounding buildings.
k) Does the new zoning encourage the most appropriate use of land throughout
the jurisdictional area? Yes, as outlined above, this new zoning meets all of the seven key
principles of the Bozeman Community Plan. These principles are
established in order to encourage the most appropriate use of land
throughout the jurisdictional area. 2. If map amendment, provide an exhibit of the property to be modified. Provide existing zoning designation and the proposed land use designation. The exhibit
should include the legal limits of the property and size in square feet and acreage. If
adjacent to a right of way the zoning should extend to the centerline of the right of
way. See attached exhibit A.
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1 inch = ft.( IN FEET )GRAPHIC SCALE0-50501005025EX-AEXHIBIT ALEGAL DESCRIPTIONTRACT 1, CERTIFICATE OF SURVEY NO. 1174, ACCORDING TO THE PLAT THEREOF, ON FILE AND OF RECORD IN THEOFFICE OF THE CLERK AND RECORDER, GALLATIN COUNTY, MONTANA, AND A PORTION OF THE FORMER CHICAGO,MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT-OF-WAY FOR SPUR LINES , LYING IN THE SOUTHWEST QUARTER OFSECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST OF P.M.M., ALL DESCRIBED AS FOLLOWS.COMMENCING AT THE SOUTHWEST CORNER OF SECTION 32, T. 1 S., R. 6 E.; THENCE NORTHERLY 29' 51", ASSUMEDAZIMUTH FROM NORTH, 494.47 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 32; THENCEEASTERLY 56' 28" AZIMUTH 30.01 FEET TO THE POINT OF BEGINNING; THENCE NORTHERLY 29' 51" AZIMUTH414.23 FEET; THENCE EASTERLY 49' 56" AZIMUTH 61.68 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF BRIDGERDRIVE; THENCE SOUTHEASTERLY 35' 13" AZIMUTH 292.48 FEET; THENCE SOUTHEASTERLY 09' 32" AZIMUTH 56.04FEET; THENCE SOUTHEASTERLY 46' 40" AZIMUTH 122.72 FEET; THENCE WESTERLY 56' 28" AZIMUTH 275.91 FEETALONG THE NORTH LINE OF TRACT 1A CERTIFICATE OF SURVEY NO. 1877 TO THE POINT OF BEGINNING.AREA = 69,868 SQUARE FEET, 1.6039 ACRES OR 6,490.9 SQUARE METERS. SUBJECT TO EXISTING EASMENTS.NBRIDGER DRIVE - HWY 86STORY MILL ROAD
HILLSIDE LANEHEADLANDS DRIVEE. GRIFFIN DRIVEEXISTING: R-4NO PROPOSEDCHANGEAMENDEDZONING AREAVICINITY MAP(NOT TO SCALE)Bozeman, MontanaEXISTING ZONINGPROPOSED ZONINGZONING AREA ALLOCATIONSEXISTINGPROPOSEDR-21.045 AC (45,530 SF)*0 AC (0 SF)R-40.559 AC (24,356 SF)*1.6039 AC (69,868 SF)*APPROXIMATE BASED ON UNCERTAIN ZONING BOUNDARY LINEREDLEAF ENGINEERING, LLC
Engineering Solutions
P.O. BOX 161085, 32 MARKET PLACE, SUITE #4
BIG SKY, MT 59716
PH: 406.995.2996
FAX: 800.521.4840
WWW.REDLEAF-CONSULTING.COMSHEET NUMBERJOB NUMBER:START DATE:DRAWN BY:REVIEWED BY:REVISION DATE:&RS\ULJKWRDP SEAL:1A B C D E F G H I J
2345678910111213142345678910111213141full size 22x34 (half size 11x17 - scale 2x)PRELIMINARY - NOT FOR CONSTRUCTION06/03/2016S.P.M.P.R.K.060316.976ZONE MAP AMENDMENT
TRACT 1, C.O.S. 1895
BOZEMAN, GALLATIN COUNTY,
Contact: Jeff Brandner
1118 Bridger Drive
Bozeman, MT 59715
Tel.: 201.230.45467/6/2016 - ZMA APPLICATIONSUBMITTALEXISTING: R-2PROPOSED: R-4BRIDGER VIEW TRAILER COURTBRIDGER VIEW TRAILER COURT286
ZONING AMENDMENT MAP
ADJOINING PROPERTY OWNERS
287
288
LIST - ADJOINING PROPERTY OWNERS WITHIN 200FT
1. MAILING ADDRESS:
MILDRED V MCAFEE LIVING TRUST ½ INT
1547 HUNTERS WAY
BOZEMAN, MT 59718-6173
2. MAILING ADDRESS:
NOT APPLICABLE BECAUSE PUBLIC RIGHT OF WAY
3. MAILING ADDRESS: JEFFREY R. BRANDNER
1118 BRIDGER DRIVE
BOZEMAN, MT 59715
4. MAILING ADDRESS: DAVID W. & LYNN H. NOYES
1200 BRIDGER DRIVE
BOZEMAN, MT 59715-2304
5. MAILING ADDRESS: GENE N. BALLINGER
2040 MIDDLE BEAR CREEK ROAD
VICTOR, MT 59875
6. MAILING ADDRESS: ISAK & HANNAH DIX
1208 BRIDGER DRIVE
BOZEMAN, MT 59715-2304
7. MAILING ADDRESS: PAUL D. & MITZI M. GRIFFIN
1202 HILLSIDE LANE
BOZEMAN, MT 59715-2310
8. MAILING ADDRESS: PAMELA R. ROBERTS
1615 HILLSIDE LANE
BOZEMAN, MT 59715-2315
9. MAILING ADDRESS: PAUL L. VAN ORDEN
1211 HILLSIDE LANE
BOZEMAN, MT 59715-2309
289
10. MAILING ADDRESS: RAYMOND P. & MICHELLE FRIESENHAHN
1305 HILLSIDE LANE
BOZEMAN, MT 59715-2311
11. MAILING ADDRESS: PAUL L. VAN ORDEN
1211 HILLSIDE LANE
BOZEMAN, MT 59715-2309
12. MAILING ADDRESS: 2511 LLC & UND 84& INT
2900 BRANDING IRON ROAD
BOZEMAN, MT 59715-8447
13. MAILING ADDRESS: CITY OF BOZEMAN
P.O. BOX 1230
BOZEMAN, MT 59771-1230
14. MAILING ADDRESS: WAKE UP, INC.
P.O. BOX 23
HARRISON, MT 59735-0023
15. MAILING ADDRESS: THE TRUST FOR PUBLIC LAND
901 5TH AVENUE STE. 1520
SEATTLE, WA 98164-2013
16. MAILING ADDRESS: NOT APPLICABLE BECAUSE PUBLIC RIGHT OF WAY
17. MAILING ADDRESS:
LAMU LLC 1319 S. CHURCH AVENUE BOZEMAN, MT 59715-5803
18. MAILING ADDRESS:
W. T. MORVAY 52 SHERIDAN PLACE BOZEMAN, MT 59718-6214
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1320 Hillside Michele Cusack
1311 Hillside Cindy/Cynthia Mernin
1409 Hillside Susan Miller 1725 Hillside Andrew Epple
1205 Hillside David Sovulewski (Secondary Owner)
1202 Hillside Paul Griffin and Mitzi Griffin.
16-300 ZMA
BRIDGER DR
HILLSIDE LN STORY MILL RD HEADLANDS DRNORTHVIEW ST Zoning Protest Boundary
16-300 Story Mill ZMA
´
300 0 300150 Feet
Legend
Parcels
150 Ft Property Buffer
Protesting Properties
Story Mill ZMA
Map created by the City of Bozeman GIS Department and is intented for planning purposes only. 8/30/2016291