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HomeMy WebLinkAbout11-27-17 City Commission Packet Materials - A2. Kirk Park Zone Map AmendmentPage 1 of 13 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. 103 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 .............. 10 104 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 ................................................................................................................... 12 105 Staff Report for the Kirk Park Zone Map Amendment Page 4 of 13 SECTION 1 - MAP SERIES 106 Staff Report for the Kirk Park Zone Map Amendment Page 5 of 13 107 Staff Report for the Kirk Park Zone Map Amendment Page 6 of 13 108 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. 109 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 110 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. 111 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 112 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”. 113 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 114 Staff Report for the Kirk Park Zone Map Amendment Page 13 of 13 Initial Zoning Map 115 116 117 118 Attachment to Form A1 - Owners Sheet PROPERTY OWNER LEGAL DESCRIPTION Address PHONE EMAIL City of Bozeman Park Area 1, Plat F-36-J 121 North Rouse Ave Bozeman, MT 59715 406.582.2908 CPoissant@BOZEMAN.NET Block 6, LLC Lot 1, Block 6, Plat F-36-J 855 North 15th Ave Bozeman, MT 59715 406-586-1555 erickummerfeldt@gmail.com 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 BOZEMAN, GREAT FALLS, KALISPELL & SHELBY, MT | SPOKANE, WA | LEWISTON, ID | WATFORD CITY, ND | MEDIA, PA 406.586.0 277 tdhengineering.com 234 East Babcock Street Suite 3 Bozeman, MT 59715 August 24, 2017 RE: KIRK PARK ZONE MAP AMENDMENT TD&H ENGINEERING JOB NO. B17-015 ZONE MAP AMENDMENT REQUIREMENTS NARRATIVE The Kirk Park Zone Map Amendment is legally described as the amended plat filed in Platbook F, Page 36-J. The existing zoning designation is B-2 and R-2. The proposed zoning designation is B-2 and PLI with revised boundaries that conform with current parcel lines. The following is a response to the Zone Map Amendment Requirements 1a through 1k: a. Is the new zoning designed in accordance with the growth policy? How? Yes. Zoning PLI is compatible with The Bozeman Community Plan adopted by the Bozeman City Commission under Resolution No. 4163 on June 1, 2009 also known as Bozeman’s Growth Policy. The Growth Policy identifies the majority of the subject property as Parks, Open Space and Recreational, and approximately 0.2 acres in the southeast corner as Community Commercial Mixed Use. PLI and B-2 zoning are in harmony with the uses shown in the Growth Policy. b. Will the new zoning secure safety from fire and other dangers? How? This ZMA will help secure safety from fire and other hazards. In Zoning PLI buildings and other potential fire hazards are more widely spaced than in residential zones such as the current zone of R-2. This helps reduce the risk of fire. Local fire codes will remain in place after this zoning change. c. Will the new zoning promote public health, public safety, and general welfare? How? Public health, safety and welfare will be promoted by this project. The uses allowed under Zoning PLI includes schools, parks, community centers, and other facilities that are essential to a quality urban setting. d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How? This ZMA should not affect infrastructure. The change from R-2 to PLI will prevent residential development, so any threat of future negative impacts on infrastructure is reduced. e. Will the new zoning provide reasonable provision of adequate light and air? How? 138 tdhengineering.com Adequate light and air already exist at this site. Typically, the uses allowed under PLI Zoning do not significantly degrade the quality or quantity of light and air. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? This ZMA will have no negative effect on transportation systems. The change from R-2 to PLI will prevent residential development, so any threat of future negative impacts on transportation is reduced. g. Does the new zoning promote compatible urban growth? How? Yes, this zoning designation is compatible with the neighboring zones. The surrounding area has already built out with residential units to the north and west. The B-2 parcel as well as the areas immediately south and east are not yet developed. It is anticipated that these parcels will be developed as commercial or office sites in compliance with B-2 Zoning. This is compatible urban growth that was thought out some time ago. h. Does the new zoning promote the character of the district? How? The character of the district is promoted by appropriate use. The existing park is an appropriate use. The B-2 parcel’s zoning designation remains unchanged with minor revisions to the boundary to conform with parcel lines. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Zoning PLI makes this property suitable for its current use as a park. It affects the surrounding area by providing a necessary function in an urban setting. j. Was the new zoning adopted with a view to conserving the values of buildings? How? There are no existing buildings to conserve on this property. The zoning is not expected to affect the conservation of the value of future buildings. k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Zoning PLI encourages continued use as a park or other public use. This use is appropriate and is an improvement over the existing R-2 designation. 139