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17-442, Staff Report for the Kirk Park Zone Map Amendment
Public Hearing: Zoning Commission public hearing to consider the ZMA is on Tuesday,
November 21, 2017.
City Commission public hearing to consider the annexation and ZMA is
on Monday, November 27, 2017.
Project Description: Amendment of the City Zoning Map for the establishment of a zoning
designation of B-2 “Community Business District” and PLI “Public Lands
and Institutions.
Project Location: Generally at the intersection of West Beall Street and North 20th Avenue.
The property is legally described as Park Area 1 and Lot 1, Block 6 of West
Park Manor, 1st Addition as filed in Platbook F, Page J-36. Northeast Quarter
Section 11, Township 2S, Range 5E, City of Bozeman, Gallatin County,
Montana.
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 17-442 and move
to approve the Kirk Park Zone Map Amendment, with contingencies
required to complete the application processing.
Report Date: November 15, 2017
Staff Contact: Melissa Pope; Assistant Planner
Agenda Item Type: Action – Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The applicant, City of Bozeman – Department of Parks and Recreation, seeks to establish PLI
zoning, “Public Lands and Institutions” on a portion of the property (12.335 acres), and B-2
zoning, “Community Business District”, on the remaining portion of the property (1.198 acres).
See Appendix A for a detailed project description and background.
Staff Report for the Kirk Park Zone Map Amendment Page 2 of 13
The site is currently zoned R-2, “Residential Two-Household Medium Density”, and B-2,
“Community Business District”. The purpose of the Zone Map Amendment for the B-2 zoning is
to realign the zoning with the parcel line from the recently amended plat (F-36-J) boundary
relocation.
The subject properties are surrounded by medium density residential zoning, R-2 and R-3, and
community business district zone, B-2. The future land use map in the Bozeman Community
Plan designates the properties as Community Commercial Mixed Use and as Parks, Open Space
and Recreational areas which the B-2 and PLI zoning districts serve to implement.
The subject properties are owned by the applicant and one other owner. The required
landowners have signed the application to request the amendment to the subject properties.
Recommendation in favor of the application reflects the finding that the B-2/PLI zoning
designation is in accordance with the overall intent of the growth policy and that development
that would be allowed within that designation will fit appropriately within the neighborhood
character and community.
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 Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
Zone Map Amendment ....................................................................................................... 7
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 7
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 10
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 10
Staff Report for the Kirk Park Zone Map Amendment Page 3 of 13
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 11
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 11
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 12
FISCAL EFFECTS ................................................................................................................. 12
ATTACHMENTS ................................................................................................................... 12
Staff Report for the Kirk Park Zone Map Amendment Page 4 of 13
SECTION 1 - MAP SERIES
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Staff Report for the Kirk Park Zone Map Amendment Page 6 of 13
Staff Report for the Kirk Park Zone Map Amendment Page 7 of 13
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 a municipal zoning designation
shall be identified as the “Kirk Park Zone Map Amendment.”
2. That the applicant must submit a zone amendment map, titled “Kirk Park Zone Map
Amendment”, on a 24” by 18” 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 right-of-ways, 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
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval of the Kirk Park Zone Map Amendment (ZMA) as submitted. The Development
Review Committee (DRC) considered the zone map amendment on October 18, 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 ZMA on November 21, 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 ZMA on November 27, 2017. The
meeting 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.
Staff Report for the Kirk Park Zone Map Amendment Page 8 of 13
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 new zoning requested is B-2 and PLI and is designated in accordance with the
growth policy. The property is designated as Community Commercial Mixed Use and as
Parks, Open Space and Recreational on the future land use map in the growth policy and the
proposed zoning corresponds accordingly. No conflicts with the goals and objectives of the
growth policy have been identified.
B. Secure safety from fire and other dangers.
Yes. The subject property is currently served by emergency services, including City police
and fire. An amendment from R-1 to PLI is not likely to adversely impact safety from fire
and other dangers.
C. Promote public health, public safety, and general welfare.
Yes. The proposed PLI zoning provides increased opportunity for recreation which promotes
public health for users of the parks. General welfare is promoted for the community at large
and the adjacent residential neighborhoods due to the nature of authorized uses in this zoning
district.
The realignment of the B-2 zoning district will neutrally affect public health and safety, 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.
Yes. Authorized uses in the requested PLI zoning can facilitate the longevity of adequate
provision of schools, parks and other public resources. City services are already provided to
the B-2 lot and will continue to be provided in compliance with infrastructure standards.
In the adopted growth policy, the intent of Community Commercial Mixed Use district is to
have an integrated transportation system that promotes efficient travel opportunities via
transportation corridors and non-automated routes. There are established transportation
routes and bicycle-friendly streets surrounding this area.
E. Reasonable provision of adequate light and air.
Yes. Adequate light and air exists already on the subject property. As a result of the subject
property being surrounded by medium-density residential development and commercial
Staff Report for the Kirk Park Zone Map Amendment Page 9 of 13
development, PLI zoning will ensure adequate light and air provisions are met for the
surrounding residents and public users of the recreation area. The new zoning requested
meets the objectives of the growth policy for environmental quality.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The area surrounding the subject property is largely developed and the realignment
of the B-2 zoning boundary and rezoning to PLI is not expected to result in an increase in
vehicle trips. The parcel zoned for B-2 is currently vacant, and development of this site may
cause greater vehicle traffic; however, the realignment of the zoning boundary does not alter
the total area of the B-2 lot and is not intended to affect the development potential of the lot.
A change in zoning to PLI for the park area will not have any impact on the motorized
traffic; however, it may support non-motorized traffic.
G. Promotion of compatible urban growth.
Yes. The subject property is located within medium-density residential and commercial
zoning districts and this proposed change from R-1 to PLI will ensure public amenities are
available to public users and the surrounding residents. The B-2 zoning is compatible with
the growth policy and with the zoning on adjacent lots.
H. Character of the district.
Yes. PLI zoning district serves as an appropriate transition between the various zoning
designations in the area and the character of this district is maintained. This neighborhood is
in part defined by Kirk Park and the PLI zoning designation would strengthen the intent of
maintaining this area as a park.
B-2 zoning is consistent with the character of the area and effectively will not change the
character of the area since this zone map amendment is to realign the zoning boundary to the
parcel line, rather than to propose a new zoning entirely.
I. Peculiar suitability for particular uses.
Yes. The proposed B-2 zoning layout coincides with adjacent zoning and uses. The proposed
PLI zoning is suitable for continued use of Kirk Park due to the adjacency of existing
residential neighborhoods and its current use as a public park and amenity.
J. Conserving the value of buildings.
Neutral. There are no current buildings on the site that will be affected by the proposed zone
establishment. The B-2 zone boundary realignment may influence the development potential
of Lot 1 Block 6 due to the zoning consistency within the parcel. The parcel area and total
area of B-2 will remain the same, however the proposed zone change will yield only one
zoning designation to be in that parcel (B-2) rather than two (R-2 and B-2).
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Staff Report for the Kirk Park Zone Map Amendment Page 10 of 13
Yes. The proposed zone amendments would allow the subject property to be developed (or
maintained) in a manner that is consistent with the development patterns of the area. The
proposed B-2 zoning designation would encourage commercial opportunities which meets
the intent of the growth policy and will create continuity between the adjacent properties.
The PLI zoning will encourage the most appropriate use of the land by maintaining the use of
this area for public enjoyment of Kirk Park.
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 applicant, City of Bozeman – Department of Parks and Recreation, is proposing a zone map
amendment for two parcels of land, approximately 13.533 acres (589,506 square feet). The zone
map amendment proposes PLI, “Public Lands and Institutions” on one lot (12.335-ac, 537,304-
sf) and B-2, “Community Commercial District” on the remaining lot (1.198-ac, 52,202-sf).
In July 2017, a Subdivision Exemption was approved by the Community Development Director
on the same property for the realignment of a common boundary (application number 17323). As
a response to the boundary realignment, the intent of this Zone Map Amendment application is to
Staff Report for the Kirk Park Zone Map Amendment Page 11 of 13
geographically match the zoning boundaries to the property boundaries of the two lots. In
addition to realigning the zoning boundary to match the property line, the intent of the Zone Map
Amendment application is to maintain Kirk Park as a public park and public amenity for the
foreseeable future. By rezoning the Park Area to PLI, the City believes that this intent will be
met.
The applicant’s proposal will yield no net gain or loss of area of B-2 zoning on the subject
property and the total area of PLI zoning will be the same as the initial R-1 zoning. The proposed
alignment of the B-2 zoning will conform to the property lines shown on Amended Plat of Park
Area & A Portion of Block 6 of West Park Manor, First Addition (Plat Book F-36-J).
The applicant is proposing two zoning designations on the subject property, PLI and B-2, both of
which meet the intent of the adopted growth policy. The subject property is currently categorized
as Parks, Open Space, and Recreational Lands in the Community Plan where the proposed
zoning is PLI, and as Community Commercial Mixed Use on the lot proposed as B-2.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on Friday, November 3, 2017 to all property owners
within 200 feet of the subject property. The project site was posted on Monday, November 6,
2017. Notice was published in the Legal Ads section of the Bozeman Daily Chronicle on
November 5, 2017 and will be published again on November 19, 2017.
At the time of this report, no public comment had been received.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Parks, Open Space and Recreational Lands” and as
“Community Commercial Mixed Use” in the Bozeman Community Plan.
“Parks, Open Space, and Recreational Lands. All publicly owned recreational lands,
including parks, are included within this category, as well as certain private lands. These
areas are generally open in character and may or may not be developed for active recreational
purposes. This category includes conservation easements which may not be open for public
use”.
“Community Commercial Mixed Use. 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”.
Staff Report for the Kirk Park Zone Map Amendment Page 12 of 13
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of “B-2” Community Business District and “PLI” Public
Lands and Institutions. 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” (as per Section 38.10.010 of the Bozeman
Municipal Code).
The intent of the “PLI” Public Lands and Institutions district “is to provide for major public
and quasi-public uses outside of other districts. Not all public and quasi-public uses need to
be classified PLI. Some may fit within another district, however larger areas will be
designated PLI” (as per Section 38.13.010 of the BMC).
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owners: City of Bozeman, 121 North Rouse Ave, Bozeman, MT 59715; and,
Block 6, LLC, 855 North 15th Ave, Bozeman, MT 59715
Applicant: City of Bozeman – Department of Parks and Recreation, 415 North Bozeman
Avenue, Bozeman, MT 59715
Representative: Steve Anderson, TD&H Engineering, 234 East Babcock Street, STE 3,
Bozeman, MT 59715
Report By: Melissa Pope, Assistant 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.
Development Review Application
Initial Zone Map Amendment Required Materials
Noticing Materials
Staff Report for the Kirk Park Zone Map Amendment Page 13 of 13
Initial Zoning Map