HomeMy WebLinkAbout17182 Locke_ZMA_Staff_Report_9.21.17Page 1 of 17
17-182, Staff Report for the Locke Zone Map Amendment
Public Hearing Date: Zoning Commission public hearing Tuesday, October 3, 2017
City Commission public hearing Monday, 23, 2017
Project Description: Locke zone map amendment requesting amendment of the City
Zoning Map for five existing lots consisting of 1.83 acres from R-S Residential Suburban to
R-1 Residential Single-Household Low Density.
Project Location: The subject properties are generally located northwest of the intersection
of East Kagy Boulevard and Sourdough Road., and addressed as 2111-2119 Sourdough
Road Bozeman, MT 59715. The existing lots can be described as Lots 4 – 8 of the Lewis
Subdivision, Plat F-4, located in the SE ¼ of Section 18, Township 2 South, Range 6 East,
P.M.M in the City of Bozeman.
Recommendation: Approval
Recommended Zoning Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt the
findings presented in the staff report for application 17-182 and move to approve the Locke
zone map amendment, with contingencies required to complete the application processing.
Report Date: September 21, 2017
Staff Contact: Chris Saunders; Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
The applicant, William W. Locke, requests rezoning of five existing lots totaling
approximately 1.83 gross acres from R-S Residential Suburban to R-1 Residential Single-
Household Low Density. There are two existing structures located on the subject properties,
one on lot 5 and the other straddles lots 6 and 7, though is located primarily on lot 7. The
remaining two lots (4 and 8) are undeveloped. The subject properties are surrounded by low
density single-family residential development and open space. The future land use map in
the Bozeman Community Plan designates the properties as suburban residential, which the
R-1 district serves to implement – see Table C-16 in Appendix C.
Staff Report for 17-182 Locke Zone Map Amendment Page 2 of 17
The subject properties are owned by the applicant and two other owners. The required
percentage of landowners (51%), stipulated in Article 38.37 paragraph 38.37.010.D, have
signed the application to request the amendment to the subject properties.
Alternatives
1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 5
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 6
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 7
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 10
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 10
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 11
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 12
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 16
FISCAL EFFECTS ................................................................................................................. 16
ATTACHMENTS ................................................................................................................... 16
Staff Report for 17-182 Locke Zone Map Amendment Page 3 of 17
SECTION 1 - MAP SERIES
Staff Report for 17-182 Locke Zone Map Amendment Page 4 of 17
Staff Report for 17-182 Locke Zone Map Amendment Page 5 of 17
Project site looking south west.
Looking north west from the intersection of Kagy Blvd and Sourdough Rd.
Looking NE from the intersection of Sourdough Rd. and Kagy Blvd.
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: Photos of area proposed for zone map amendment
Looking NW from the intersection of Sourdough Rd. and Kagy Blvd.
Looking SW from Sourdough Rd.
Staff Report for 17-182 Locke Zone Map Amendment Page 6 of 17
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “Locke Zone Map Amendment.”
2. That the applicant must submit a zone amendment map, titled “Locke 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 including adjacent rights-of-way,
and total acreage of the property.
3. The Ordinance for the zone map amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed
Montana surveyor.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Development Review Committee (DRC) considered the
amendment on September 13, 2017. The DRC did not identify any infrastructure or
regulatory constraints that would impede the approval of the application.
The Zoning Commission will hold a public hearing on this zone map amendment on October
3, 2017 and will forward a recommendation to the Commission on the zone map amendment.
The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6
p.m.
The City Commission will hold a public hearing on the zone map amendment on October 23,
2017. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at
6 p.m.
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
In considering the criteria the analysis must show that the amendment accomplishes criteria
A-D. Criteria E-K must be considered and may be found to be affirmative, neutral, or
negative. A favorable decision on the proposed application must find that the application
Staff Report for 17-182 Locke Zone Map Amendment Page 7 of 17
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.
Yes. The future land use map in the Bozeman Community Plan (growth policy) designates
the subject properties as suburban residential, which is fitting given the definition of
suburban residential (See Appendix C) and the current development pattern. As Table C-16
from the growth policy shows (see Appendix C) the R-1 zoning district is a proper
implementing district for the suburban residential designation.
Additionally, the proposed zone map amendment advances multiple objectives of the growth
policy:
Land Use Objective 1.1: “The land use map and attendant policies shall be the official
guide for the development of the City and shall be implemented through zoning
regulations, capital improvements, subdivision regulations, coordination with other
governmental entities, and other implementation strategies.”
Land Use Objective 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.”
Community Quality Objective 1.3: “Support compatible infill within the existing area of
the City rather than developing land requiring expansion of the City’s area.”
Housing Objective 1.1 “Encourage and support the creation of a broad range of housing
types in proximity to services and transportation options.”
No conflicts with the Growth Policy have been identified.
B. Secure safety from fire and other dangers.
Yes. The subject properties are currently served by emergency services, including City
police and fire. An amendment from R-S to R-1 is not likely to adversely impact safety from
fire and other dangers.
C. Promote public health, public safety, and general welfare.
Yes. The proposed amendment will promote general welfare by implementing the future
land use map in the Bozeman Community Plan. Public health and safety will be neutrally
affected, as the proposed amendment will not put undue burden on municipal services,
emergency response capability, or similar existing requirements.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Staff Report for 17-182 Locke Zone Map Amendment Page 8 of 17
Yes. City water and waste water services are available to the proposed properties, though
the City water line along Sourdough Road stops short of Lot 4 and would need to be
extended if development were to occur. The properties are accessed from Sourdough Road
and the Bozeman Trail is located across Sourdough Road from the properties. Public
transportation access is available at a bus stop directly south of the properties at the
intersection of Sourdough Road and Kagy Boulevard.
Any increased demand placed on City services as a result of development on the
undeveloped lots is likely to be minimal. However, future review of development will
provide site specific evaluations of infrastructure needs. If needed, additional improvements
will be required to resolve deficiencies. Examples of such requirements include extending
City water north to service Lot 4. Needed improvements can be addressed during the plan
review process. The review procedures and standards adopted by the City ensure this
criterion is met.
E. Reasonable provision of adequate light and air.
Yes. The subject properties are surrounded by low-density single-family housing and open
space, which currently provides for adequate light and air. Development of the undeveloped
parcels will not significantly alter this development pattern, nor will it reduce the provision
of adequate light and air. Furthermore, Bozeman’s Unified Development Code includes
standards intended for providing adequate light and air including standards for building
height and required yard space. These standards will help ensure the provision of adequate
light and air.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The subject properties are adjacent to Sourdough Road (collector), which intersects
Kagy Boulevard (principal arterial) directly to the south of the subject properties – Lot 8 sits
at the intersection of Sourdough Rd. and Kagy Blvd. The intersection of Sourdough Rd. and
Kagy Blvd. is unsignalized and had a level of service F as of 2015. A change to R-1 could
result in development of the two undeveloped lots, which would likely result in an increase in
the number of vehicle trips on Sourdough Rd and Kagy Blvd. However, the increase in
vehicle trips will likely be minimal and will not likely have a significant detrimental impact
on traffic flows.
To the east of the subject properties, across Sourdough Rd. is the Bozeman Trail, which
provides non-motorized access to the City’s network of trails and sidewalks. The proposed
amendment is not anticipated to impact the City’s non-motorized transportation system.
G. Promotion of compatible urban growth.
Yes. The Growth Policy supports infill development on underutilized properties. The change
from R-S to R-1 on the subject properties will enable the currently two undeveloped lots to
be developed in a manner consistent with surrounding development patterns. In addition, the
Staff Report for 17-182 Locke Zone Map Amendment Page 9 of 17
properties are bordered by existing R-1 designations to the east and west, making this
amendment compatible with surrounding zoning designations.
H. Character of the district.
Yes. The authorized uses in the R-1 district match those on the currently developed lots in
question. The intent of the of the R-1 district is to “provide for primarily single-household
residential development and related uses within the city at urban densities, and to provide for
such community facilities and services as will serve the area's residents while respecting the
residential character and quality of the area.” A change to R-1 would enable the two
undeveloped properties to be developed in a manner consistent with the R-1 district. As
noted previously the subject properties are bordered by R-1 designations to the west and east.
The R-1 area west of the subject properties is undeveloped while the area to the east is
developed with low-density single-family residential housing, similar to what exists on the
lots in question.
I. Peculiar suitability for particular uses.
Yes. Authorized uses in the R-S and R-1 district are very similar. The primary differences
lie in that agricultural uses are permitted or conditional uses in the R-S district and are not
permitted in the R-1 district AND cottage housing is not permitted in the R-S district but is
permitted in the R-1 district. See Appendix C for a list of authorized uses in the R-S and R-1
districts. As mentioned previously, the subject properties are bordered by R-1 zoning
designations to the west and east. Additionally, the future land use map in the Bozeman
Community Plan designates the subject properties as suburban residential, which the R-1
zoning district is a proper implementing district for – see Table C-16 in Appendix C. A
change to R-1 would conform to adjacent zoning, implement the Bozeman Community Plan,
and provide for further development of single-family residential land uses which is suitable
for the area as that is the current development pattern.
J. Conserving the value of buildings.
Yes. The two undeveloped lots are currently considered non-conforming per Article 38.08
paragraph 38.08.040.C as they are all less than one-acre in size – see Appendix A for further
discussion. A change to R-1 would remove the non-conformity and allow these undeveloped
lots to be developed without having to go through a variance or conditional use permit
process. As mentioned previously, authorized uses in the R-S and R-1 districts are similar
and the number of properties impacted by the amendment is small. As a result, the proposed
amendment is not likely to negatively impact the value of existing buildings.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed amendment would allow the properties in question to be developed in a
manner consistent with surrounding development patterns – single-family residential. The
Staff Report for 17-182 Locke Zone Map Amendment Page 10 of 17
growth policy supports development on underutilized parcels and the proposed amendment
would provide for that on the two undeveloped parcels.
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.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address and legal description of the
property), to protest the action against which the protest is lodged, including ownership of
property affected by the action. Signers are encouraged to print their names after their
signatures. A person may in writing withdraw a previously filed protest at any time prior to
final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The proposed zone map amendment is for five existing lots encompassing approximately
1.83 acres (gross) / 79,705 square feet. The subject properties are bordered by low density
single-family residential development to the east. To the west are undeveloped lots as well
as Bozeman Creek and its associated floodplain. No portion of the properties lie within the
floodplain of Bozeman Creek. The properties are located outside of identified wetland areas
though riparian areas, identified by the Gallatin Local Water Quality District, are located on
the subject properties. Surrounding zoning designations include R-1 Residential Single-
Household Low Density to the west and east and R-S Residential Suburban to the south in
the right-of-way of Kagy Boulevard. The areas north and northwest of the subject
properties are located outside the City of Bozeman in Gallatin County and have a county
Staff Report for 17-182 Locke Zone Map Amendment Page 11 of 17
zoning designation of R-S Residential Suburban. There are two existing structures located
on the subject properties, one on lot 5 and the other straddles lots 6 and 7, though is located
primarily on lot 7. Both existing structures are non-conforming with regard to the required
minimum front yard of 35 feet for the R-S district. With a change to R-1, the structure
straddling lots 6 and 7 will remain non-conforming with regard to the required minimum
front yard, while it is also likely the structure on lot 5 will also remain non-conforming.
Article 38.08 paragraph 38.08.040.C states “existing lots in the R-S district not utilizing a
community water and/or sewer system shall be considered nonconforming lots if less than
one acre in area and/or 100 feet in width and subject to article 35 (appeals, deviations and
variance procedures) of this chapter. Existing lots in the R-S district utilizing a community
water and/or sewer system shall be considered nonconforming lots if less than one-half acre
in area and/or 100 feet in width and subject to article 32 (nonconforming situations) of this
chapter.” As all lots are less than one-acre, a change from R-S to R-1 would remove the
non-conformity with regard to lot area and width.
Access to the properties is from Sourdough Road. In terms of non-motorized access, the
Bozeman Trail is located across Sourdough Road from the properties, which provides
pedestrian and bicycle access to Burke Park and additional trails connecting to other areas
in the City. Directly south of the properties, at the intersection of Sourdough Road and
Kagy Boulevard, is a bus stop for the Orange Line (operated by Streamline) which provides
access to Montana State University as well as the Downtown Transfer Center.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on Thursday, September 14, 2017 to all owners of
property located inside the proposed change and within 200 feet of the perimeter of the
change. The project site was posted on Friday, September 15, 2017. Notice was published in
the Legal Ads section of the Bozeman Daily Chronicle on September 17, 2017 and October
1, 2017.
Staff Report for 17-182 Locke Zone Map Amendment Page 12 of 17
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as suburban residential in the Bozeman Community Plan future
land use map – see description below.
“Suburban Residential. This category indicates locations generally outside of City limits,
but within the planning area, where a land development pattern has already been set by rural
subdivisions. Subdivisions in this area are generally characterized by lots two acres in size or
less. It is probable that portions of this area may be proposed for annexation within the next
twenty years. The area is able to be served with municipal water and sewer services with
appropriate extensions of main lines. Any further development within this area should be
clustered to preserve functional open space. Individual septic and well services are
discouraged. If development is proposed within reasonable access distances to waste water
and water services, annexation to the City should be completed prior to development.”
As Table C-16 from the growth policy shows, the proposed zoning of R-1 is an implementing
district for the future land use designation of suburban residential.
Staff Report for 17-182 Locke Zone Map Amendment Page 13 of 17
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-1 (Residential Single-Household Low Density
District). The intent of the R-1 District is:
“…to provide for primarily single-household residential development and related uses within
the city at urban densities, and to provide for such community facilities and services as will
serve the area's residents while respecting the residential character and quality of the area.”
Table 38.08.020 establishes the uses that are allowed in the R-S and R-1 zoning districts.
Table of Residential Uses
Authorized
Uses
R-S R-1
Accessory dwelling units 8,9 C C
Agricultural uses on 2.5 acres or more 2 P —
Agricultural uses on less than 2.5 acres 2 C —
Apartments/apartment building, as defined in article 42 of this chapter — —
Bed and breakfast C C
Commercial stable C —
Community centers C C
Community residential facilities with eight or fewer residents P P
Community residential facilities serving nine or more residents — —
Cooperative housing C C
Cottage Housing — P
Day care centers C C
Essential services Type I A A
Essential services Type II P P
Essential services Type III C 10 C 10
Staff Report for 17-182 Locke Zone Map Amendment Page 14 of 17
Table of Residential Uses
Authorized
Uses
R-S R-1
Extended stay lodgings C C
Family day care home P P
Fences A A
Fraternity and sorority houses — —
Golf courses C C
Greenhouses A A
Group day care home P P
Group living P P
Guesthouses A A
Home-based businesses 5 A/C A/C
Lodging houses — —
Offices — —
Other buildings and structures typically accessory to authorized uses A A
Private garages A A
Private or jointly owned recreational facilities A A
Private stormwater control facilities A A
Private vehicle and boat storage A A
Public and private parks P P
Manufactured homes on permanent foundations 1 P P
Manufactured home communities — —
Staff Report for 17-182 Locke Zone Map Amendment Page 15 of 17
Table of Residential Uses
Authorized
Uses
R-S R-1
Medical offices, clinics, and centers — —
Recreational vehicle parks C —
Restaurant — —
Retail — —
Signs, subject to article 28 of this chapter A A
Single-household dwelling P P
Temporary buildings and yards incidental to construction work A A
Temporary sales and office buildings A A
Three- or four-household dwelling — —
Two-household dwelling — —
Townhouses (two attached units) P7 P7
Townhouses (five attached units or less) — —
Townhouses (more than five attached units) — —
Tool sheds for storage of domestic supplies A A
Uses approved as part of a PUD per article 20 of this chapter C C
Veterinary uses C —
Notes:
1 Manufactured homes are subject to the standards of section 38.22.130.
2 Agricultural 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.
3 Only when in conjunction with dwellings.
Staff Report for 17-182 Locke Zone Map Amendment Page 16 of 17
4 Storage for more than three recreational vehicles or boats.
5 Home-based businesses are subject to the terms and thresholds of section 38.22.110.
6 In the R-3 district, townhouse groups shall not exceed 120 feet in total width.
7 In 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.
8 Not permitted on reduced size lots for work force housing as described in chapter 38, article 43.
9 Accessory 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.
10 Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations.
11 Subject uses are limited to 2,500 sf of gross floor area and only allowed on street corner sites
within a mixed-use building featuring residential units next to and/or above subject uses.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owners:
William W. Locke 2119 Sourdough Rd. Bozeman MT 59715
Katie Distin 822 S Black Ave. Bozeman MT 59715
Travis P Smith 822 S Black Ave. Bozeman MT 59715
Applicant: William W. Locke, 2119 Sourdough Rd., Bozeman, MT 59715
Representative: Ryan Hudock, 1091 Stoneridge Dr., Bozeman, MT 59718
Report By: Chris Saunders, Community Development Manager
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.
Staff Report for 17-182 Locke Zone Map Amendment Page 17 of 17
Application Materials:
Locke zone map amendment map
Locke development review and zone map amendment applications, including an adjoining
property owners list and project narrative