HomeMy WebLinkAbout01-09-17 CC Mtg - C14. Ordinance 1967 Final, Billion Auto Plaza ZMACommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Rebecca Owens, Associate Planner
Martin Matsen, Director of Community Development
SUBJECT: Final adoption of Ordinance 1967, the Billion Auto Plaza Zone Map
Amendment rezoning an existing 21-acre subdivision generally located
at 270 Auto Plaza Drive from BP, business park district to B-2,
community business district. Application 16404.
MEETING DATE: January 9, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Final adoption of Ordinance 1967, the Billion Auto Plaza Zone Map
Amendment.
BACKGROUND: The City Commission held a public hearing on December 19, 2016. The
Zone Map Amendment Application 16404 was approved unanimously and Ordinance 1967 was
provisionally adopted. The application amends the zoning map to increase compliance with the
City’s adopted growth policy.
UNRESOLVED ISSUES: None
ALTERNATIVES: As directed by the Commission
FISCAL EFFECTS: None identified
Attachments:
Ordinance 1967
Staff Report
Exhibit A Billion Auto Plaza Zone Map Amendment
Application Materials
Zoning Commission Minutes 12-6-16
Report compiled on December 13, 2016
475
ORDINANCE NO. 1967
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM BP, BUSINESS
PARK DISTRICT TO B-2, COMMUNITY BUSINESS DISTRICT FOR 21.11 ACRES
DESCRIBED AS THE BILLION AUTO PLAZA SUBDIVISION GENERALLY
LOCATED AT 270 AUTO PLAZA DRIVE INCLUDING: LOT 1A OF BLOCK 3 (PLAT
J-180-C); LOT 1A OF BLOCK 2 (PLAT J-180-A); AND LOT 4 OF BLOCK 2, LOT 3 OF
BLOCK 3 AND LOTS 1, 2, 3 AND 4 OF BLOCK 1 (PLAT- J-180) LOCATED IN THE
EAST ½ OF THE SOUTHEAST ¼ OF SECTION 9, TOWNSHIP TWO SOUTH, RANGE
FIVE EAST, P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA, WITH
B-2 ZONING EXTENDED TO THE CENTER LINE OF ADJACENT RIGHTS-OF-WAY.
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
476
Ordinance No. 1967, Billion Auto Plaza Zone Map Amendment
Page 2 of 6
WHEREAS, the proposed Zone Map Amendment to amend the City of Bozeman Zone
Map from BP, Business Park District to B-2, Community Business District for 21.11 acres, has
been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on December 6,
2016 to receive and review all written and oral testimony on the request for a Zone Map
Amendment; and
WHEREAS, upon a vote of 4-0, the Bozeman Zoning Commission recommended to the
Bozeman City Commission that the zone map amendment be approved; and
WHEREAS, after proper notice, the City Commission held its public hearing on
December 19, 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 December 19, 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:
Zoning Boundary Perimeter:
477
Ordinance No. 1967, Billion Auto Plaza Zone Map Amendment
Page 3 of 6
COMMENCING AT THE POINT OF BEGINNING BEING THE SOUTHEAST
CORNER OF SECTION 9; THENCE N01°51'14"E A DISTANCE 1333.9'; THENCE N
89°34'10"W A DISTANCE OF 663.3'; THENCE S02°00'11"W A DISTANCE OF
1381.7; THENCE S 89°22'23"E A DISTANCE OF 666.8' ; THENCE N01°54'21"E A
DISTANCE 50.0' TO THE TRUE POINT OF BEGINNING.
CONTAINING 21.11 ACRES MORE OR LESS, SUBJECT TO EXISTING
EASEMENTS.
Property Bounds:
LOTS 1, 2,3, & 4, BLOCK 1, LOT 4, BLOCK 2, & LOT 3, BLOCK 3, J.C. BILLION
AUTO PLAZA SUBDIVISION, PLAT J-180, ACCORDING TO THE PLAT
THEREOF, ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND
RECORDER, GALLATIN COUNTY, MONTANA, LOCATED IN THE EAST ½ OF
THE SE ¼ OF THE SE ¼ OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST
OF P.M.M., AND INCLUDING THE ENTIRETY OF HUFFINE LANE RIGHT OF
WAY TO THE SOUTH, AND INCLUDING THE COTTONWOOD ROAD RIGHT OF
WAY TO ITS CENTERLINE TO THE EAST, AND INCLUDING THE ENTIRETY OF
COMPETITION DRIVE RIGHT OF WAY.
LOT 1A, BLOCK 2, AMENDED PLAT OF J.C. BILLION AUTO PLAZA
SUBDIVISION, PLAT J-180-A, ACCORDING TO THE PLAT THEREOF, ON FILE
AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER, GALLATIN
COUNTY, MONTANA, LOCATED IN THE EAST ½ OF THE SE ¼ OF THE SE ¼ OF
SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST OF P.M.M., AND INCLUDING
THE COTTONWOOD ROAD RIGHT OF WAY TO ITS CENTERLINE TO THE
EAST, AND THE ENTIRETY OF AUTO PLAZA DRIVE RIGHT OF WAY.
LOT 1A, BLOCK 3, AMENDED PLAT OF J.C. BILLION AUTO PLAZA
SUBDIVISION, PLAT J-180-C, ACCORDING TO THE PLAT THEREOF, ON FILE
478
Ordinance No. 1967, Billion Auto Plaza Zone Map Amendment
Page 4 of 6
AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER, GALLATIN
COUNTY, MONTANA, LOCATED IN THE EAST ½ OF THE SE ¼ OF THE SE ¼ OF
SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST OF P.M.M..
SUBJECT to all easements of record or apparent from visual inspection of the property.
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.”
479
Ordinance No. 1967, Billion Auto Plaza Zone Map Amendment
Page 5 of 6
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 19th
day of December, 2016.
CARSON TAYLOR
Mayor
ATTEST:
ROBIN CROUGH
City Clerk
480
Ordinance No. 1967, Billion Auto Plaza Zone Map Amendment
Page 6 of 6
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 9th
day of
January, 2017. The effective date of this ordinance is February 8, 2017.
CARSON TAYLOR
Mayor
ATTEST:
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
481
16404 Staff Report for the Billion Auto Plaza Zone Map Amendment Page 1 of 21
Application 16404, City Commission Staff Report for the Billion Auto
Plaza Zone Map Amendment
Public Hearing Dates: Zoning Commission public hearing was on December 6, 2016
City Commission public hearing is on December 19, 2016
Project Description: Zoning Map Amendment to rezone eight (8) existing lots
including two (2) common area lots totaling approximately 21.11 acres from BP
Business Park district to B-2 Community Commercial district as allowed by
Article 38.37 of the Bozeman Municipal Code.
Project Location: The subject properties are generally located at 270 Auto Plaza
Drive, on the northwest corner of Huffine Lane and Cottonwood Avenue. The
area also incorporates rezoning of Competition Drive and Auto Plaza Drive and
portions of adjacent rights-of-way to the center line. The properties are legally
described as:
Lot 1A of Block 3, Amended JC Billion Auto Plaza Sub, Plat J-180-C;
Lot 1A of Block 2, Amended JC Billion Auto Plaza Sub, Plat J-180-A; and
Lot 4 of Block 2, Lot 3 of Block 3 and Lots 1,2, 3, and 4 of Block 1, JC Billion Auto Plaza
Sub, Plat J-180;
located in the East ½ of the Southeast ¼ of S09, T02 S, R05 E of P.M.M., City of
Bozeman, Gallatin County, Montana, 59718.
Recommendation: Approval of the Billion Auto Plaza Zone Map Amendment
Application 16404, as recommended by the Zoning Commission, and provisional
adoption of Ordinance 1967.
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 public
hearing of December 6, 2016, and all information presented, I hereby adopt the
findings presented in the staff report for Application 16404 and move to
provisionally adopt Ordinance 1967, the Billion Auto Plaza Zone Map
Amendment.
Report Date: December 13, 2016
Staff Contact: Rebecca Owens, Associate Planner
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action - Legislative
482
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 2 of 21
EXECUTIVE SUMMARY
Unresolved Issues
No unresolved issues have been identified at this time.
Project Summary
The subject proposal is a Zone Map Amendment (ZMA) application to rezone eight
existing lots including two common area lots totaling approximately 21.11 acres, and
portions of adjacent rights-of-way, from BP Business Park district to B-2 Community
Commercial district. The subject properties are generally located to the northwest of
the intersection of Huffine Lane (Highway 191) and South Cottonwood Road, and cover
tracts of land with planned unit development (PUD) designation for subdivision
development. Public streets that are subject to the PUD and wholly within the area
proposed for rezoning include Auto Plaza Drive and Competition Drive.
Zoning for surrounding and nearby properties is varied but includes a significant
portion of B-2. Rezoning the subject parcels will bring the tract into closer alignment to
the City’s growth policy by changing zoning from BP to B-2, which is an implementing
zoning district of the Community Commercial Mixed Use land use designation. The
change will potentially allow for increased utilization of lot coverage in future
development on several currently vacant lots as well as infill on already developed
parcels. Current uses on the developed lots are auto-oriented, per the PUD entitlement,
and include auto sales, repair, detailing services, parts retail, and wash operations.
The Development Review Committee considered the application at its October 26, 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 these lots.
The Zoning Commission held a public hearing and considered the application at its
December 6, 2016 meeting. As noted in the attached minutes, the Zoning Commission
unanimously, 4-0, to pass a motion recommending this ZMA for approval by the City
Commission with the findings presented in the staff report.
No public comment has been received on this application as of the writing of this report.
Alternatives
1. Approve the application with the recommended contingencies;
2. Approve the application with modifications to the recommended contingencies;
3. Deny the application based on the Zoning Commission’s findings of non-compliance
with the applicable criteria contained within the staff report; 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.
483
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 3 of 21
TABLE OF CONTENTS
EXECUTIVE SUMMARY ........................................................................................................... 2
Unresolved Issues ............................................................................................................. 2
Project Summary ............................................................................................................... 2
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 ................................................................ 14
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ......................... 15
APPENDIX B - NOTICING AND PUBLIC COMMENT ............................................................ 17
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING .............................. 17
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF .................................... 21
FISCAL EFFECTS .................................................................................................................... 21
ATTACHMENTS ..................................................................................................................... 21
484
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 4 of 21
SECTION 1 - MAP SERIES
Figure 1 – Current zoning
485
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 5 of 21
Figure 2 – Future Land Use
486
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 6 of 21
Figure 3 – Aerial photograph
487
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 7 of 21
Figure 4 – Proposed zoning boundaries
Eco-Joe’s Splash
N Go (Car Wash)
Billion Auto
Group (Auto
Body Repair)
Open space
Executive
Automotive
Detail
vacant
vacant
Billion Auto
Group (Sales and
Services)
Open
space
488
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 8 of 21
Figure 5 – Subject property, looking north from Huffine Lane
Figure 6 – Subject property, looking west from South Cottonwood Road
Figure 7 – Subject property, looking southwest from South Cottonwood Road
489
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 9 of 21
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: Billion Auto Plaza Zone Map Amendment
Application: 16404
Having considered the criteria established for a Zone Map Amendment, Staff
recommends approval of the Billion Auto Plaza Zone Map Amendment as submitted.
The Development Review Committee considered the amendment on October 19, 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
December 6, 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
December 19, 2016. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The
meeting will begin at 5 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 must 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.
490
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 10 of 21
Yes. The proposed zoning is in accordance with a growth policy. The proposed zoning
change from BP to B-2 brings the zoning into closer alignment with the growth policy
by changing the zoning from industrial to commercial and eliminates a current conflict
between the Future Land Use Designation and the current zoning. Table C-16 of the
Bozeman Community Plan (page C-17) indicates B-2 as an implementing district of the
underlying Community Commercial Mixed Use land use designation, which does not
support BP.
Rezoning the properties to B-2 implements several specific goals and objectives of the
Bozeman Community Plan as well, including:
Chapter 3 - Land Use
Objective LU-1.4: Provide for and support infill development and redevelopment
which 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.
The proposed B-2 zoning will support infill development by allowing greater lot coverage
on the subject parcels. In B-2, the entire lot, exclusive of required yards and parking, may
be occupied by the principal and accessory buildings and the setbacks include: 7 foot
front yard, 10 foot rear yard, and 5 foot side yard for buildings, in addition to 25 foot front
yard, ten foot rear yard, and eight foot side yard for parking and loading areas. BP
setbacks are significantly larger and this can hinder use of an area; BP requires a 25 foot
front yard, 20 rear yard, and 15 foot side yard.
In addition, BP zoning requires a minimum lot area of 43,560 square feet for new lots but
there is no such minimum for B-2, so rezoning the lots to B-2 may facilitate subdivision
of the parcels for denser development. B-2 also has a smaller lot width minimum,
requiring 100 feet for new lots as compared to the 150 feet required for BP.
The intent of the B-2 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.
B. Secure safety from fire and other dangers.
Yes. The proposed zoning will secure safety from fire and other dangers. Emergency
services are currently available to serve the property. Five fire hydrants are located
throughout the subject area on Competition Drive and Auto Plaza Drive, and three more
are located directly across South Cottonwood. Regulatory provisions established for all
City of Bozeman zoning districts including the proposed B-2 zoning ensure an adequate
transportation network, fire services and public utility lines. Future development of the
properties is subject to the review by the City of Bozeman and development standards
will be applied to address the criteria at such time.
491
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 11 of 21
C. Promote public health, public safety, and general welfare.
Yes. The proposed zoning will promote public health, public safety and general welfare.
Any change in use, redevelopment or further intensification in development of the
subject properties 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.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and
other public requirements.
Yes. Existing transportation networks and public utilities adequately serve the site and
will not be directly impacted by this amendment. This is a commercial property and
impact on educational facilities and parks are not anticipated. The subject properties
are bounded by two existing principal arterial streets, South Cottonwood and Huffine
Lane (U.S. Hwy 191), and two local streets, Competition Drive and Auto Plaza Drive.
Fallon Street abuts the properties to the north. The revised zoning for the properties
will not impact transportation. If additional site plan development occurs within the
PUD, additional connectivity to the north may be required in the future, which would
facilitate the provision of transportation.
Water service was installed for each lot at the time of subdivision as the JC Billion Auto
Plaza water project and is located along all of the adjacent streets, and sewer is a gravity
main that follows all of Competition Drive and part of Fallon directly north of the
subject area, as well as three-quarters of Auto Plaza Drive. Adequate capacity for future
intensification of development is anticipated but will be confirmed at the time of
application for further development review.
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 proposed zoning will ensure a reasonable provision of adequate light and air.
The adopted standards in the Unified Development Code for the requested B-2 zoning
492
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 12 of 21
district provide the necessary provisions including required yards, setbacks, lot
coverage and building heights. Maximum building height in the B-2 district is 44 feet,
which is the same as the maximum height of 44 feet in the BP district, however B-2
allows for greater height and intensity with conditional use permit approval.
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. The proposed zoning will not have a negative effect on motorized and non-
motorized transportation systems. B-2 zoning allows for a broad range of commercial
uses but is not significantly different from BP zoning. The subdivision was platted for
commercial development and the transportation network was analyzed and
determined adequate to serve the future development. Adjacent local streets and
sidewalks were fully constructed to City standards at the time of subdivision. South
Cottonwood, an existing principal arterial serves the properties from the east and was
recently upgraded for improved capacity. This street moves traffic from the subject
properties directly to another arterial, Huffine Lane, as well as to local streets and is
anticipated to effectively continue this function construction if the subject area
develops further. An existing drive access from Auto Plaza Drive through Lot 1A, Block
2 to South Cottonwood Road is intended as an eventual extension of Valley Commons
Drive to improve public road connectivity. Any impacts to the transportation system
will be evaluated upon requests for development review.
G. Promotion of compatible urban growth.
Yes. The proposed zoning will promote compatible urban growth. The existing fabric of
the surrounding area is primarily composed of commercial uses along the arterial
streets with residential development of varying density in pockets of the commercial
corridors. The proposed zoning will promote compatible urban growth and continue
the commercial fabric found in the corridor. The Bozeman Community Plan calls for
Community Commercial Mixed Use to apply to the subject properties, and rezoning
them to B-2 will facilitate the intensification of existing buildings and development of
vacant lots within the subdivision. New construction will be designed to current B-2
standards, which include requirements for development to achieve compatibility with
the community. B-2 will facilitate more urban growth in a manner consistent with
current and projected growth patterns in this gateway area of the City. Recent
development in the vicinity demonstrates the subject properties’ compatibility with the
surrounding context and includes a new automobile dealership just north of the site
across Fallon, which is already zoned B-2.
493
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 13 of 21
H. Character of the district.
Neutral. The proposed zoning is in the character of the district. The subject subdivision
was platted for commercial use and has been developed as a retail and services center.
Properties that are contiguous to the subject area to be rezoned and in the general
vicinity include the following, several of which have been rezoned over time:
• the Huffine Lane (Highway 191) right-of-way to the south of the subject area,
which is property of the Montana Department of Transportation (MDT) and
currently zoned as BP;
• several R-3, R-4, R-O and B-2 lots in the Loyal Garden Subdivision that are
partially under residential use, and a B-2 zoned Town Pump gas station and
convenience store, located across Huffine Lane to the south;
• a large tract of undeveloped property zoned BP and R-O that is owned by the
Floweree Family, LLC, and which adjoins the entire western boundary of the
subject area;
• several B-2 zoned properties that are occupied by First Security Bank, Alpine
Orthopedics, and Cottonwood Veterinary Hospital, and located across South
Cottonwood Road to the east; and
• the B-2 zoned J.C. Billion new vehicle dealership, located across Fallon Street to
the north.
Adjoining properties are primarily designated for nonresidential/commercial uses or
are already developed with compatible activities, ensuring that the proposed zoning
will not impact local character.
The change from BP to B-2 zoning would allow a greater maximum signage area,
changing from 250 square feet per lot to 400 square feet per lot. This would bring the
subject properties into alignment with the signage allowed on other B-2 zoned
properties in the area. It is not anticipated that the subject properties with existing
development will significantly change the character of their existing signage under the
new zoning. All new signage must undergo development review for permit approval to
ensure that design standards are met, which include character compatibility.
I. Peculiar suitability for particular uses.
Yes. The property has been determined appropriate for B-2 uses based on the
underlying land use designation. The subject properties were deemed by the City as
suitable for the particular use of auto-oriented activities through the original PUD
approval and more recent development as well. For example, a new automobile
dealership has been established due north of the subject properties, and the local
context of Huffine Lane and South Cottonwood Avenue is auto-oriented, as both are
494
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 14 of 21
major arterial roadways that provide the area with a high level of access for auto-
related uses.
The existing PUD created an allowance for a more intensive zone than B-2 in some
sense because conditional use permits would be required for some of the current auto-
related uses under B-2. The subject properties and uses are thus generally conforming
to the intent of B-2 and are legally conforming under the PUD entitlement. Leaving the
zoning as BP however would not promote efficiency in use on the land as outlined as a
goal in the adopted growth policy. 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.
Yes. The proposed zoning will conserve the value of buildings. The majority of the
subdivision has been completed with a range of commercial structure types and the
completion of this block with any additional development that may ensue from
rezoning, as along the currently undeveloped Competition Drive area will eliminate
vacant land to allow maximum efficiency in use of the land. Neighboring building values
will not likely be negatively impacted with the change in zoning on the subject
properties. Future development of the subject property may increase property values.
Site development is subject to the Entryway Corridor Overlay District review criteria to
ensure compatibility and additional standards for design quality 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 the proposed
rezoning from BP to B-2 encourages the most appropriate uses on the subject property
in relation to neighboring uses and zoning districts in the vicinity. Prior R-O residential-
office districting for the subject area stems from when the lots were within the Gallatin
Country jurisdiction, prior to annexation in 1997, when the City and County zoning
authorities were split, at which time the properties were assigned with BP industrial
zoning. As the western areas of the City of Bozeman continue to growth, residential
neighborhoods need local commercial services and employment and if facilitated
through rezoning, the infill of existing developments like the subject area can help to
reduce strip development and pressure to expand on greenfields.
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
495
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 15 of 21
PROPOSED CHANGE, THE AMENDMENT WILL NOT BECOME EFFECTIVE EXCEPT BY
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 to rezone eight existing lots including two
common area lots totaling approximately 21.11 acres, and portions of adjacent right-of-
way, from BP Business Park district to B-2 Community Commercial district. The subject
properties are generally located to the northwest of the intersection of Huffine Lane
(Highway 191) and South Cottonwood Road, and cover a tract of land with planned unit
development (PUD) designation for subdivision development. Public streets that are
subject to the PUD and wholly within the area proposed for rezoning include Auto Plaza
Drive and Competition Drive. Zoning for nearby properties is varied but includes a
significant portion of B-2. The applicant submitted the formal Zone Map Amendment
application on September 20, 2016 and proposes rezoning the property to B-2 to
increase consistency with the Future Land Use Designation for Community Commercial
Mixed Use.
The existing PUD was approved in 1992 under Application Z-91131. At the time, the
properties were zoned R-O residential office and included one existing development,
the anchor tenant of JC Billion Auto dealership. The PUD was established through a
conditional use permit prior to annexation of the properties to the City, which explains
how the auto-related uses were approved. The approval was for an “auto-related
commercial PUD” and key conditions included: provision of water and sewer
infrastructure for the entire PUD; protective covenants for the maintenance of right-of-
way features such as sidewalks, exterior lighting, pavement, curbs, water, and sewer
infrastructure; the provision of open space beyond BP yard requirements, which is
provided via the current 2.612-acre Lot 4, Block 1 and 0.125 acre Lot 4, Block 2;
stringent site lighting standards to limit glare; prohibition of external speaker systems;
uses limited to low-traffic generation factor; development allowed on the premise of
outstanding project design quality to serve as models for the City’s entryway corridor
area; architectural guidelines, such as for massing and palette; common infrastructure
for stormwater; and exemplary landscaping in and around sites for buffering.
The subdivision was rezoned to BP circa 1997, when the joint City and County planning
jurisdiction was dissolved and the subject properties were assimilated into the new City
zoning districts. The PUD is still active and the entitlement enables three current
structures and associated operations on different lots to operate as legally non-
conforming conditions because the BP standards and PUD pre-date current zoning. The
PUD was intended to support subdivision of the subject land. The PUD has allowed
496
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 16 of 21
intensive uses to exist analogous to those that are supported in B-2, resulting in more
concentrated development than would have been allowed under BP alone. However,
activity has been static and little new development has occurred since creation of the
PUD. The last project approved and constructed in the PUD was in 2008 for the Joe’s
Eco-Splash N Go carwash site plan, Application Z-08060. Rezoning of the subject
properties in the PUD from BP to B-2 allows a higher utilization of land in the
subdivision for infill expansion on existing developed lots and potential future
development of currently vacant lots.
Existing conditions and uses in the subject area include (also refer to Figure 4, page 7):
• common open space on Lot 4, Block 1;
• common open space on Lot 4, Block 2;
• Joe’s Eco-Splash N Go carwash on Lot 3, Block 3;
• Executive Automotive Detail, which bridges Lot 3, Block 3 and Lot 1A, Block 3;
• vacant parcel, Lot 3, Block 1;
• vacant parcel, Lot 2, Block 1;
• Billion Auto Group auto body repair on Lot 1A, Block 2;
• Billion Auto Group sales and service on Lot 1, Block 1;
• Auto Plaza Drive, a street with two entrances off of South Cottonwood;
• Competition Drive, a currently dead-end street with one entrance off of Auto
Plaza Drive; and
• additional features in the PUD covering various easements including for a
telecommunications tower located immediately west of Lot 1, Block 1.
The Bozeman Community Plan’s future land use designation for the subject parcels and
neighboring properties to the north and east is Community Commercial Mixed Use, and
the subject area’s base BP zoning does not conform with current growth policy per
Table C-16 (page C-17) “Zoning Correlation with Land Use Categories”. As a result, the
ZMA will bring the zoning of the subject parcels into closer alignment with growth
policy and allow future development of the parcels to better serve other, surrounding
plan designations that include significant residential allocations. The ZMA will also
allow adjacent right-of-ways to be rezoned to meet existing zoning boundaries where
gaps may exist, either to the property line or center of the right-of-way, thus improving
the cohesiveness and clarity of the City’s districts.
The applicant has expressed the property owner’s desire to build on currently vacant
parcels and to infill existing parcels. Approval of the proposed Zone Map Amendment to
rezone the properties to B-2 will allow maximization of efficiency of the land and
existing water and sewer services through denser development. Lot realignments may
be pursued where multiple existing parcels currently serve a single structure or to
redistribute land between the lots. Any subsequent infill or new lot development would
497
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 17 of 21
require full plan review to current code, which will enable assurance of design and
function that appropriately complements the character of the neighborhood and
community.
The Development Review Committee considered the application on October 26, 2016
and did not identify any regulatory or infrastructure constraints that would impede the
rezoning and recommended approval.
The Zoning Commission considered the application at its December 6, 2016 meeting
and voted unanimously to recommend the City Commission approve the ZMA. The City
Commission will hold a public hearing on the application on December 19, 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 October 25, 2016. The project was posted in the legal ads section of the
Bozeman Daily Chronicle on October 30, 2016.
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 Community Commercial Mixed Use in the Bozeman
Community Plan. “Activities within this land use category are the basic employment and
services necessary for a vibrant community. Establishments located within these
categories draw from the community as a whole for their employee and customer base
and are sized accordingly. A broad range of functions including retail, education,
professional and personal services, offices, residences, and general service activities
typify this designation.
“Activities within this land use category are the basic employment and services
necessary for a vibrant community. Establishments located within these categories
draw from the community as a whole for their employee and customer base and are
sized accordingly. A broad range of functions including retail, education, professional
and personal services, offices, residences, and general service activities typify this
designation.”
498
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 18 of 21
Community Commercial Mixed Use has a wide variety of options with which this project
currently complies and would become more in alignment with through rezoning. For
example:
• This land use must typically be located on one or two quadrants of intersections
of arterials and/or collectors.
• Mixed use areas must be developed in an integrated, pedestrian friendly manner
and must not be overly dominated by any single land use.
• A Floor Area Ratio in excess of .5 is desired.
• Large Community Commercial Mixed Use is intended to service the larger
community as well as adjacent neighborhoods within an approximately 1-mile
radius and is typically over 15 acres in size.
• Higher intensity employment and residential uses are encouraged in the core of
the area or adjacent to significant streets and intersections.
• As needed, building height transitions should be provided to be compatible with
adjacent development.
499
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 19 of 21
The following table from the Bozeman Community Plan shows the B-2 zoning
correlation with the underlying Community Commercial Mixed Use growth policy
designation.
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
500
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 20 of 21
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
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
501
16404, Staff Report for the Billion Auto Plaza Zone Map Amendment Page 21 of 21
Table of Commercial Uses B-1 B-2 B-3
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
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Property Owner(s): J&D Family Limited Partnership, c/o Joe Billion, 270 Automotive
Ave., Bozeman, MT 59718
Applicant & Representative: Chris Wasia, 204 North 11th
Avenue, Bozeman, MT
59715
Report By: Rebecca Owens, Associate 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 1967
Billion Auto Plaza Zone Map Amendment Exhibit
Application Materials
Zoning Commission Meeting Minutes from December 6, 2016
502
503
504
505
City Zoning Commission
Tuesday, December 6, 2016 6:00 PM
City Commission Chamber – 121 N. Rouse Avenue
A. Call meeting to order
Present were:
Chris Mehl, Commissioner Liaison
Erik Garberg
Julien Morice
Jordan Zignego
George Thompson
B. Changes to the Agenda. There were no changes to the agenda.
C. 06:02:20 PM (00:00:53) Approve Meeting Minutes from Joint Zoning Commission/
Planning Board Meetings – 9/6/16, and 10/4/2016.
It was moved and seconded that the minutes of the meetings of September 6, 2016 and October 4,
2016, be approved. The motion carried unanimously.
D. 06:02:28 PM (00:01:01) Public Comment – Please state your name and address in an
audible tone of voice for the record. This is the time for individuals to comment on matters falling
within the purview of the Committee. There will also be an opportunity in conjunction with each
action item for comments pertaining to that item. Please limit your comments to three minutes.
No comment was received under this agenda item.
E. Action Items
1. 06:02:45 PM (00:01:18) 16404 Billion Auto Plaza Zone Map Amendment (Zoning
Commission only)
Zone Map Amendment to rezone eight existing lots totaling approximately 21 acres
and adjacent rights-of-way from BP Business Park to B-2 Community Commercial
district as allowed by Article 38.37 of the Bozeman Municipal Code. (Owens)
506
06:02:58 PM (00:01:31) Rebecca Owens entered her staff report and findings into the record. She
noted this proposal is to rezone eight existing lots totaling 21 acres, located within a commercial PUD,
lying along the west side of Cottonwood Road from BP to B-2. The future land use designation is
community commercial mixed use. The B-2 zone is an implementing zone for the land use designation
while the BP zone is not. The PUD was established in 1992 and there are two lots and two open space
lots remaining undeveloped at this time. Current uses on the site are automobile oriented; and future
development within the PUD would be subject to the provisions of B-2 zoning and the corridor overlay
district. She noted that access to the undeveloped lots will probably be from an extension of
Competition Drive to Fallon Street; the Montana Department of Transportation has prohibited access to
this subdivision from Huffine Lane.
Rebecca Owens stated no public comment has been received as of this time. She noted the
Development Review Committee has reviewed this application and recommended approval.
06:10:09 PM (00:08:42) Erik Garberg asked if changing the zoning will create any issues with the
existing uses.
06:10:21 PM (00:08:54) Rebecca Owens responded that the auto related uses on the site are not
permitted in BP but will be more conforming since they are permitted or conditional uses in the B-2
zone.
06:11:14 PM (00:09:47) Responding to questions from Erik Garberg, Rebecca Owens stated the
applicant will probably need to either amend the PUD or seek conditional use approval for continued
auto related operations if other planning processes are triggered in the subdivision.
06:11:51 PM (00:10:24) Julien Morice asked about the proposed motion language; Rebecca Owens
responded that the contingencies on Page 9 reference standard zone map contingencies.
06:12:31 PM (00:11:04) Chris Wasia, Genesis Engineering, indicated concurrence with the staff report
and a willingness to respond to questions.
06:12:55 PM (00:11:28) Erik Garberg asked if the applicant is aware that there may be additional
conditional use permitting processes required after this.
06:13:00 PM (00:11:33) Chris Wasia responded the applicant is aware there may be. He stated they are
not removing the PUD at this time, but changing the underlying zoning to be more consistent with what
is in the area.
06:13:44 PM (00:12:17) Chris Mehl asked if the applicant has seen the memo from staff, noting it will be
entered into the record. Chris Wasia responded he has and has no issues with it.
06:14:10 PM (00:12:43) George Thompson asked about the alignment of the access roads.
06:14:31 PM (00:13:04) Chris Wasia responded the plat was done in the early 1990s and the roads for
this development were platted at that time. He recognized that other roadways in the area may or may
507
not connect to the existing roads in the future. He stated he feels Competition Drive needs to be
completed at some time, noting he is not aware of why it has not been to date.
06:15:23 PM (00:13:56) George Thompson noted he is baffled by roads that don’t align with those in
adjacent developments.
06:16:00 PM (00:14:33) Erik Garberg opened the public hearing; not public comment was received.
06:16:24 PM (00:14:57) It was moved by Julien Morice that, having reviewed and considered
the staff report, application materials public comment and information presented, I hereby
adopt the findings presented in the staff report for application 16404 and move to
recommend approval of the Billion Auto Plaza Zone Map Amendment with contingencies
required to complete the application process.
06:16:45 PM (00:15:18) Seconded by Jordan Zignego.
06:16:47 PM (00:15:20) Julien Morice stated the property is surrounded by B-2, and the rezoning makes
sense.
06:17:18 PM (00:15:51) The motion carried unanimously.
F. 06:17:27 PM (00:16:00) FYI/Discussion. Chris Mehl asked if this board will be meeting on
December 20, noting it would be good to let people know as soon as possible if there is no
meeting.
G. 06:18:05 PM (00:16:38) Adjournment. Erik Garberg adjourned the meeting.
508