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HomeMy WebLinkAbout11-20-17 City Commission Packet Materials - A3. Flanders Mill Zone Map AmendmentPage 1 of 21 17-271 Staff Report for the 2017 Flanders Mill Zone Map Amendment Public Hearing Date: Zoning Commission public hearing is on Tuesday, November 7, 2017 City Commission public hearing is on Monday, November 20, 2017 Project Description: Flanders Mill zone map amendment requesting amendment of the City Zoning Map to rezone approximately 3.79 acres of an existing lot from R-3 Residential Medium Density to R-4 Residential High Density, and to rezone approximately 0.07 acres of the same lot from R-4 Residential High Density to R-3 Residential Medium Density. Project Location: The property is generally located southeast of the intersection of East Baxter Lane and Flanders Mill Road. The property is legally described as a portion of Lot 1R-4, Flanders Mill Subdivision phase 4 located in the E ½ of the W ½ of Section 3, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, 59718. Recommendation: Approval Recommended Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 17-271 and move to approve the Flanders Mill zone map amendment, with contingencies required to complete the application processing. Report Date: November 7, 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, Flanders Mill, LLC, requests rezoning of two areas of an existing lot. The first amendment is to amend a 3.79-acre area from R-3 Residential Medium Density to R-4 Residential High Density. The second amendment is to amend a 0.07-acre area of the same lot from R-4 Residential High Density to R-3 Residential Medium Density. The subject property is currently undeveloped and is part of Phase 7 of the Flanders Mill subdivision (preliminarily approved), which according to the Flanders Mill Subdivision 199 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 2 of 21 Master Plan, is slated for a mix of multi-family housing and townhomes. The areas of the subject property in question are bordered by agriculture to the west (future home of the Bozeman Sports Park) and vacant land to the north, east, and south which is planned for residential development as part of the Flanders Mill Subdivision. The future land use map in the Bozeman Community Plan designates the areas in question as residential, which the both the R-3 and R-4 districts serve to implement – see Table C-16 in Appendix C. The subject property is owned by the applicant. Zoning Commission The Zoning Commission conducted their public hearing on November 7, 2017. No public comment was received. The Zoning Commission meeting can be viewed on the City’s website at https://www.bozeman.net/services/city-tv-and-streaming-audio. 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 Zoning Commission ............................................................................................................ 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 ........... 10 Section 76-2-304, MCA (Zoning) Criteria ....................................................................... 10 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 13 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 14 200 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 3 of 21 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 14 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 15 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 20 FISCAL EFFECTS ................................................................................................................. 20 ATTACHMENTS ................................................................................................................... 20 201 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 4 of 21 SECTION 1 - MAP SERIES Project site looking east from Flanders Mill Road Project site looking southeast from Flanders Mill Road Project site looking northeast from Flanders Mill Road 202 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 5 of 21 203 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 6 of 21 204 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 7 of 21 205 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 8 of 21 Amended subdivision plat of phase 7 showing phase boundaries. 206 Staff Report for 17-271 Flanders Mill 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. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Flanders Mill Zone Map Amendment.” 2. That the applicant must submit a zone amendment map, titled “Flanders Mill 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 27, 2017. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Zoning Commission held a public hearing on this zone map amendment on November 7,2017. They forward a recommendation of approval to the Commission on the zone map amendment. The hearing was held at 121 N. Rouse Avenue, Bozeman. The meeting began at 6 p.m. The City Commission will hold a public hearing on the zone map amendment on November 20, 2017. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. 207 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 10 of 21 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. In considering the criteria the analysis must show that the amendment accomplishes criteria A-D. Criteria E-K must be considered and may be found to be affirmative, neutral, or negative. A favorable decision on the proposed application must find that the application meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. The future land use map in the Bozeman Community Plan (growth policy) designates the subject property as residential (see Appendix C). As Table C-16 from the growth policy shows (see Appendix C), both the R-3 and R-4 zoning districts are proper implementing districts for the residential designation. Additionally, the proposed zone map amendments advance 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.” Housing Objective 1.3 “Promote the provision of a wide variety of housing types in a range of costs to meet the diverse residential needs of Bozeman residents.” Housing Objective 3.3 “Promote the development of a wide variety of housing types, designs, and costs to meet the wide range of residential needs of Bozeman residents.” No conflicts with the Growth Policy have been identified. B. Secure safety from fire and other dangers. Yes. The subject property is within the service area of City emergency services, including police and fire. Upon build out of the Flanders Mill subdivision municipal facilities (including water and streets) will be extended allowing for potential future development to be served by City police and fire. The amendments from R-3 to R-4 and from R-4 to R-3 are not likely to adversely impact safety from fire and other dangers. C. Promote public health, public safety, and general welfare. 208 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 11 of 21 Yes. The proposed amendments 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 amendments 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. Yes. City water and waste water services extend to the Flanders Mill Subdivision and while lines have not been extended to individual lots it is expected that City water and sewer will be extended ahead of development. Upon build out of the Flanders Mill Subdivision, the areas in question will be accessed from internal subdivision roads which will connect with Flanders Mill Road and Ferguson Avenue (a collector), both of which connect with the minor arterials of Baxter Lane and Durston Road. There will be increased demand placed on City services as a result of development in the Flanders Mill Subdivision. However, infrastructure needs have been, and will continue to be, addressed through subdivision and development review procedures, which ensure this criterion is met. E. Reasonable provision of adequate light and air. Yes. In comparison to the R-3 district, the R-4 district permits higher lot coverages, building heights, and densities which may result in decreased natural light penetration and air flow. However, the degree of difference is not so large that the provision of light and air will be significantly impacted. While increased in the R-4 district, the standards for lot coverage, building height, and required yard space in Bozeman’s Unified Development Code are intended to ensure the provision of adequate light and air. Furthermore, the subject property is bordered by a current and future park to the east and west, respectively. As a result, adequate light and air will be provided from the west and east. F. The effect on motorized and non-motorized transportation systems. Neutral. The subject property is between Flanders Mill Road and North Ferguson Avenue (collector). Both of these streets connect with Baxter Land and Durston Road (minor arterials). The Flanders Mill subdivision will undoubtedly increase the number of vehicle trips going to and from this area of the City. The proposed R-3 to R-4 zone map amendment will allow for greater densities which may, depending on the level of density, result in an increase in vehicle trips over the anticipated increase resulting from planned development. However, given the overall scale of planned development in the area, the potential increase in vehicle trips resulting from this zone map amendment will not likely place undue burden on the motorized transportation system beyond what is anticipated. The proposed R-3 to R-4 zone map is not anticipated to significantly impact the motorized transportation system due to its small size and the fact that permitted densities will decrease. 209 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 12 of 21 Both proposed zone map amendments are not anticipated to significantly impact non- motorized transportation. The Flanders Mill Subdivision Master Plan calls for a connected network of sidewalks and paths which will provide safe travel options for non-motorized transportation uses. Furthermore, The City’s 2018-2022 Transportation CIP calls for sidewalks and bike lanes on Ferguson Avenue and the West Oak Street extension as part of larger planned reconstruction projects. This will provide safe access from the subject property to the City’s non-motorized transportation network. G. Promotion of compatible urban growth. Yes. The Growth Policy supports infill development on underutilized properties and providing a variety of housing options to meet the needs of residents. The proposed R-3 to R- 4 amendment will enable higher densities, providing additional housing options to meet Bozeman’s demand for housing. In addition, a portion of the property in question is currently zoned R-4. The proposed zone map amendment will extend the current R-4 designation to allow for additional multi-family housing on the property. This area is planned to grow rapidly in the coming years, with the buildout of the Flanders Mill Subdivision, construction of the new High School to the southwest, and development of the Bozeman Sports Park. The higher densities allowed in the R-4 district will compliment future development in the area by providing additional multi-family housing options near schools and park facilities. The proposed R-4 to R-3 amendment will also promote compatible urban growth as it will extend the current R-3 zoning in the area and prevent having two zoning districts on one townhome lot. H. Character of the district. Yes. The current and planned character of this area of the City is residential. The intent of the R-4 district is to “provide for high-density residential development through a variety of housing types within the city with associated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community's residents. Although some office use is permitted, it shall remain as a secondary use to residential development.” As the R-4 district is intended to remain primarily residential, the proposed R-3 to R-4 amendment will preserve the planned residential nature of the district, though at higher densities. While, the proposed R-3 to R-4 amendment will permit increased densities, and a slightly wider variety of uses, it is not at the expense of the residential character of the district. The proposed R-4 to R-3 amendment is not anticipated to impact the planned residential character of the district as it will result in a small extension of an area currently zoned R-3, which will prevent having two zoning districts on one townhome lot. I. Peculiar suitability for particular uses. 210 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 13 of 21 The primary difference between the R-3 and R-4 districts is that the R-4 district allows for greater densities and uses. The most notable changes are that the R-4 district will permit apartments, larger townhome developments, and offices (conditional). See Appendix C for a list of authorized uses in the R-3 and R-4 districts. The planned development pattern of the area is residential which both zone changes will serve to continue, though at higher densities with the proposed R-4 designation. Lastly, the future land use map in the Bozeman Community Plan designates the areas in question as residential, which both the R-3 and R-4 zoning districts are proper implementing district for – see Table C-16 in Appendix C. J. Conserving the value of buildings. Yes. While the property is currently undeveloped, it is planned for residential development as part of the Flanders Mill Subdivision. The proposed R-3 to R-4 designation will allow for slightly taller building heights which may impact views from existing residences looking west. However, the proposed amendment will extend an existing R-4 designation and is not anticipated to substantially increase the impact to views which may result from taller buildings on areas currently designated R-4. The proposed R-4 to R-3 amendment will not impact building values due to its small size and the fact that it is intended to prevent having two zoning districts on one townhome lot. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The proposed R-3 to R-4 amendment will allow for great densities in a developing residential area of the City. The City is in need of additional housing to accommodate current and projected demand. To meet this demand a variety of housing options will be needed including single-family homes, townhomes, and apartments. This zone map amendment will expand the R-4 designation, providing a larger area for higher densities in an area planned for a mix of housing options. 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 211 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 14 of 21 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 two areas on an existing lot located in Phase 7 of the Flanders Mill Subdivision. The first amendment is to amend a 3.79-acre area from R-3 Residential Medium Density to R-4 Residential High Density. The second amendment is to amend a 0.07-acre area of the same lot from R-4 Residential High Density to R-3 Residential Medium Density. The property is bordered by agriculture to the west which is the planned future home of the Bozeman Sports Park. To the east is the Gallatin County Regional Park. Immediately north and south of the subject areas is vacant land which is planned for residential development as part of the Flanders Mill Subdivision. Further to the north and south is single-family residential development. The intent of the proposed R-3 to R-4 amendment is to extend the current R-4 designation, creating a larger area for multi-family housing as part of Phase 7 of the Flanders Mill Subdivision. The intent of the R-4 to R-3 zoning designation is to avoid having two zoning designations on one townhome lot. This will clean up the district boundary and alleviate any future confusion which may result. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US 1st Class mail on Thursday, October 19, 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, October 20, 2017. Notice was published in the Legal Ads section of the Bozeman Daily Chronicle on October 22, 2017 and October 29, 2017. 212 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 15 of 21 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as residential in the Bozeman Community Plan future land use map – see description below. “Residential. 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.” As Table C-16 from the growth policy shows, the proposed zoning of R-4 and R-3 are implementing districts for the future land use designation of residential. 213 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 16 of 21 Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-3 (Residential Medium Density) and R-4 (Residential Medium Density). The intent of the R-3 District is: “…to provide for the development of one- to five-household residential structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses.” The intent of the R-4 District is: “…to provide for high-density residential development through a variety of housing types within the city with associated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community's residents. Although some office use is permitted, it shall remain as a secondary use to residential development. Secondary status shall be as measured by percentage of total building area.” 214 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 17 of 21 Table 38.08.020 establishes the uses that are allowed in the R-3 and R-4 zoning districts. Table of Residential Uses Authorized Uses R-3 R-4 Accessory dwelling units 8,9 P P Agricultural uses on 2.5 acres or more 2 — — Agricultural uses on less than 2.5 acres 2 — — Apartments/apartment building, as defined in article 42 of this chapter — P Bed and breakfast C P Commercial stable — — Community centers C C Community residential facilities with eight or fewer residents P P Community residential facilities serving nine or more residents C P Cooperative housing P P Cottage Housing P P Day care centers P P Essential services Type I A A Essential services Type II P P Essential services Type III C 10 C 10 Extended stay lodgings P P Family day care home A A Fences C P Fraternity and sorority houses — — 215 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 18 of 21 Table of Residential Uses Authorized Uses R-3 R-4 Golf courses A A Greenhouses P P Group day care home P P Group living A A Guesthouses A/C A/C Home-based businesses 5 C P Lodging houses — C3 Offices A A 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 P P Public and private parks P P Manufactured homes on permanent foundations 1 — — Manufactured home communities — C Medical offices, clinics, and centers — — Recreational vehicle parks — — Restaurant — — Retail P P 216 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 19 of 21 Table of Residential Uses Authorized Uses R-3 R-4 Signs, subject to article 28 of this chapter P P Single-household dwelling — — Temporary buildings and yards incidental to construction work A A Temporary sales and office buildings P P Three- or four-household dwelling A A Two-household dwelling A A Townhouses (two attached units) P P Townhouses (five attached units or less) P P Townhouses (more than five attached units) P P Tool sheds for storage of domestic supplies P6 P Uses approved as part of a PUD per article 20 of this chapter — P Veterinary uses A A 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. 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. 217 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 20 of 21 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: Flanders Mill, LLC 235 Greenhills Ranch Road Bozeman MT 59718 Applicant: Flanders Mill, LLC, 235 Greenhills Ranch Road, Bozeman, MT 59718 Representative: C&H Engineering, 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. Application Materials: Flanders Mill development review and zone map amendment applications, including an adjoining property owners list and project narrative Flanders Mill zone map amendment map 218 Staff Report for 17-271 Flanders Mill Zone Map Amendment Page 21 of 21 219 220 221 222 223 224 FLANDERS MILL ZONE MAP AMENDMENT NARRATIVE The proposed Flanders Mill Zone Map Amendment involves expanding the existing R-4 high-density residential zoning in Phase 7 of Flanders Mill Subdivision by 165,254 sq. ft. (3.7937 acres) to the north and east, to allow for the creation of one large multi-family lot in Phase 7. The area to be amended to R-4 zoning is currently zoned as R-3 medium-density residential by the City of Bozeman. 1. Is the new zoning designed in accordance with the growth policy? The Bozeman Community Plan adopted June 1, 2009 designates the Future Land Use for this property as Residential. The proposed R-4 zoning for the property is in accordance with the Residential designation. 2. Will the new zoning secure safety from fire and other dangers? The new zoning will help to secure safety from fire and other dangers by extending municipal facilities and allowing the property to be serviced by the City of Bozeman Fire and Police departments. The property is located less than a half mile from the Bozeman Fire Station 3 located at 1705 Vaquero Parkway. 3. Will the new zoning promote public health, public safety and general welfare? The proposed zoning change will promote public health, safety and general welfare by creating one large R-4 lot that will have immediate access to streets exiting the subdivision, and access to adjacent open space, a subdivision park, and the future city park and sports complex. The proposed lot will also connect to the City’s road network and water and sanitary sewer systems. 4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The proposed zoning change is adjacent to the future Harvest Parkway and Windrow Drive, which will connect directly to Oak Street (south) and Flanders Mill Road (west). These streets are public roadways with sufficient capacity to service this subdivision. The development of surrounding portions of Flanders Mill Subdivision will provide adequate provisions for connecting to all available city services under the proposed zoning. Flanders Mill Subdivision is situated between a public county park to the east, and a city park and future public high school to the west. The proposed trail systems and sidewalks in the subdivision surrounding the new zoning will provide access to both parks and the school. 225 5. Will the new zoning provide reasonable provision of adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, building setbacks, etc. These provisions will continue to provide adequate light and air under the proposed R-4 zoning. 6. Will the new zoning have an effect on motorized and non-motorized transportation systems? The new zoning will not have an effect on motorized and non-motorized transportation systems. The adjacent streets are public roadways with sufficient capacity to service the subdivision, and the proposed zoning change is surrounded by public sidewalks and trail systems on 3 sides. 7. Does the new zoning promote compatible urban growth? The new zoning will promote compatible urban growth by allowing for a larger multi-family lot to efficiently add multiple dwelling units to the area, without contributing to urban sprawl. The abundance of adjacent parks and open space allows for the addition of multiple dwelling units without creating congestion in the surrounding subdivision. 8. Does the new zoning promote the character of the district? High density multi-family (R-4) is consistent with the mix of medium and high density zoning on adjoining properties. Subdivision lot areas surrounding the property to the east and north range from approximately 5,000 to 12,000 square feet. A high-density multi-family development exists near the northeast corner of the property. The properties that have not been annexed to the west and southwest of the property are larger, varying in size from 37 to 80 acres. The character of the district will not change. 9. Does the new zoning address the affected area’s peculiar suitability for particular uses? The new zoning is adjacent to a large open space area, a proposed public park, and an electric substation. The area of the new zoning is peculiarly suited for R-4 zoning because the surrounding open areas will provide a recreational outlet for the higher density zoning. The R-4 zoning will also provide a buffer between the electric substation and the majority of single family lots in the subdivision. Overall the new zoning provides more cohesion to the layout of this Phase 226 of the subdivision, improving access from the R-4 zoning to adjacent roads, parks, and open spaces. 10. Was the new zoning adopted with a view to conserving the values of buildings? Yes, the new zoning continues to regulate the development of the property, thereby conserving the value. 11. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? The new zoning will allow for the most appropriate use – the high density residential development will provide for more affordable housing within the city that is adjacent to medium and high density residential properties and a large public park. 227 228 229 Δ=Δ=Δ=Δ=230