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17-300 Staff Report for the Lot 5A Zone Map Amendment
Public Hearing Date: Zoning Commission public hearing is on Tuesday, December 5, 2017
City Commission public hearing is on Monday, December 18, 2017
Project Description: Lot 5A zone map amendment requesting amendment of the City
Zoning Map for one existing lot consisting of approximately 4.2419 acres from R-3
Residential Medium Density to R-5 Residential Mixed Use High Density.
Project Location: The property is generally located northeast of the intersection of North
27th Avenue and West Oak Street. The property is legally described as Lot 5A, Amended
Plat of Lot 5, Annie Subdivision Phase 2 located in the NE ¼ of Section 2, Township 2
South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
Recommendation: Approval
Recommended Zoning Commission 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 17-300 and move to approve the Lot
5A zone map amendment, with contingencies required to complete the application
processing.
Report Date: November 30, 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, Rooted Investments, LLC, requests rezoning of one existing lot totaling
4.2419 acres from R-3 Residential Medium Density to R-5 Residential Mixed Use High
Density. The subject property is currently undeveloped and is part of Phase 2 of the Annie
Subdivision. The property is bordered by vacant land zoned R-4 to the north, Rose Park
zoned R-3 to the east, apartments zoned R-3 to the south (across West Oak Street), and
apartments and townhomes zoned R-3 to the west. The future land use map in the Bozeman
Community Plan designates the property as residential.
Staff Report for 17-300 Lot 5A Zone Map Amendment Page 2 of 17
The subject property is owned by the applicant. .
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 ..... 6
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 7
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 7
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 11
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 11
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 11
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 12
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 17
FISCAL EFFECTS ................................................................................................................. 17
ATTACHMENTS ................................................................................................................... 17
Staff Report for 17-300 Lot 5A Zone Map Amendment Page 3 of 17
SECTION 1 - MAP SERIES
Project site looking northeast from the intersection of North 27th Avenue and West Oak Street
Project site looking south/southeast from North 27th Avenue
Project site looking east from North 27th Avenue
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Staff Report for 17-300 Lot 5A Zone Map Amendment Page 5 of 17
Staff Report for 17-300 Lot 5A Zone Map Amendment Page 6 of 17
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 “Lot 5A, Annie Subdivision Zone Map
Amendment.”
2. That the applicant must submit a zone amendment map, titled “Lot 5A, Annie
Subdivision 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.
4. All required materials shall be provided to the Department of Community
Development within 60 days of a favorable action of the City Commission or any
approval shall be null and void.
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 October 11, 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
December 5, 2017 and will forward a recommendation to the City 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 December
18, 2017. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will
begin at 6 p.m.
Staff Report for 17-300 Lot 5A Zone Map Amendment Page 7 of 17
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for 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). At the time the growth policy was
adopted, the R-5 district did not exist, therefore there is not a clear correlation between the
future land use designation of residential and the proposed zoning of R-5 Residential Mixed
Use High Density. However, the R-5 zoning district is in-line with the residential
designation as it is intended to provide for high density residential development with
supportive commercial uses as secondary uses provided specific standards are met.
Additionally, the proposed zone map amendment advances multiple objectives of the growth
policy:
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.”
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.
Staff Report for 17-300 Lot 5A Zone Map Amendment Page 8 of 17
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. The amendment from R-3 to R-5 is not likely to adversely impact safety
from fire and other dangers.
C. Promote public health, public safety, and general welfare.
Yes. Development of the site will be required to comply with the City’s Unified
Development Code which ensures the promotion of public health, safety and general welfare.
The proposed zone map 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. City water service is available to the property through a water line paralleling North
27th Avenue. City wastewater service currently exists west of the property along
Cobblestone Place and southwest of the property at the intersection of West Oak Street and
North 27th Avenue. Wastewater service will need to be extended to the property if
development were to occur.
The property is accessed from North 27th Avenue. Sidewalks border the southern portion of
the property along West Oak Street and also exist across from the property on North 27th
Avenue. Additionally, there are two planned transportation projects adjacent to the property
– reconstruction of North 27th Avenue to urban collector standards with two additional travel
lanes, bike lanes, and sidewalks as well as the addition of a traffic signal at the intersection of
North 27th Avenue and West Oak Street. When complete these projects will improve
transportation safety and mobility and allow for future site development to proceed without
placing undue burden on the transportation system. The signal installation was added to the
Capital Improvement Program in November 2017.
There will be increased demand placed on City services as a result of development on the
property. However, infrastructure needs will be addressed through development review
procedures, which ensure this criterion is met.
E. Reasonable provision of adequate light and air.
Yes. While the R-5 district allows higher lot coverages, building heights, and densities than
the R-3 district, the degree of difference is not so large that the provision of light and air will
be significantly impacted. Furthermore, the subject property is bordered by Rose Park to the
east and as a result, adequate light and air will be provided from this adjacent open space.
Additionally, any future development will be subject to development review procedures
which will ensure the provision of adequate light and air.
F. The effect on motorized and non-motorized transportation systems.
Staff Report for 17-300 Lot 5A Zone Map Amendment Page 9 of 17
Neutral. The subject property sits northeast of the intersection of North 27th Avenue
(collector) and West Oak Street (Principal Arterial), which is an unsignalized intersection.
Bozeman’s Transportation Master Plan notes that this intersection has a morning and evening
Level of Service (LOS) of D and a 2040 forecasted LOS of F. High density mixed-use
residential development, as permitted under the R-5 designation, would likely result in
increased vehicle trips along North 27th Avenue and West Oak Street as well as increased
turning movements at the intersection of North 27th Avenue and West Oak Street. As a
result, the intersection LOS will likely be negatively impacted. However, the planned
reconstruction of North 27th Avenue to urban collector standards with two additional travel
lanes, and the planned traffic signal at the intersection of North 27th Avenue and West Oak
Street, will provide for increased capacity and safety and greater intersection control. When
complete these projects will help mitigate future development impacts to the motorized
transportation system.
In terms of non-motorized transportation, high density mixed-use residential development, as
permitted under the R-5 designation, will likely result in increased bike and pedestrian trips
to the property, especially if there are elements of commercial and/or office development.
With the absence of bike lanes and a sidewalk on the west side of North 27th Avenue, this
could result in higher potential for conflicts between vehicles and non-motorized
transportation users. However, planned sidewalks and bike lanes on North 27th Avenue and
traffic signal at the intersection of North 27th Avenue and West Oak Street will provide safe
non-motorized travel options and a safe crossing at Oak Street. When built these projects will
reduce the likelihood of conflicts between vehicles and non-motorized users, and provide for
safe access to the property. Future development of the site will require the extension of N.
25th Avenue which will provide additional travel routes for both motorized and non-
motorized transportation.
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-
5 amendment will enable higher densities, providing additional housing options to meet
Bozeman’s demand for housing. The property is surrounded by medium to high residential
density to the south and west with apartments and townhouses. While the proposed R-5
designation would allow for increased density in the area, the increased density would not be
wholly incompatible with existing development in the area.
H. Character of the district.
Yes. The proposed amendment to R-5 would allow for higher densities as well as offices
(conditionally), restaurants, and retail. As the surrounding area is primarily residential, the
addition of offices, restaurants, and/or retail could be perceived as changing the character of
the district. However, the Bozeman Unified Development Code requires that all these uses
be secondary to residential in the R-5 district. Furthermore, in the R-5 district restaurants
Staff Report for 17-300 Lot 5A Zone Map Amendment Page 10 of 17
and retail uses are limited to 2,500 square feet and only allowed on street corner sites within
a mixed-use building with residential units. Therefore, these uses would be a limited portion
of the overall potential development and could only locate at the northeast corner of the
intersection of North 27th Avenue and West Oak Street. While the proposed R-5 designation
would result in increased density and potentially additional non-residential uses in the
district, Bozeman’s Unified Development Code contains provisions to ensure these changes
do not significantly alter the existing character of the district.
Oak Street provides a significant separation from the less intense development to the south.
This separation enables a greater intensity on the subject site without unduly impacting
adjacent development.
I. Peculiar suitability for particular uses.
Yes. In general, the R-5 district allows for greater densities and uses compared to the R-3
district. The R-5 district permits apartments, townhouses with more than five attached units,
office (conditionally), restaurants, and retail, all of which are not permitted in the R-3 district
– see Appendix C for a list of authorized uses in the R-3 and R-5 districts. However, all non-
residential uses in the R-5 are to be secondary to residences. As a result, the allowed uses in
the R-5 district are suitable for this site as the area would remain primarily residential.
Proximity of the site to high capacity travel facilities and near proximity to a variety of
commercial services makes this site particularly suitable for intensive residential uses and
impacts on intensive development can be readily mitigated and walking access levels are
high..
J. Conserving the value of buildings.
Yes. While the R-5 designation would allow for high density mixed-use residential
development, the Bozeman Unified Development Code ensures that development will be
primarily residential with limited commercial. The potential change in development pattern
resulting from the R-5 designation is not likely to be so drastic as to significantly disrupt the
overall look and feel of the area. As a result, the proposed zone map amendment is not
anticipated to negatively impact nearby building values as the development pattern will be
similar to what exists today.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed R-3 to R-5 amendment will allow for higher densities on a vacant
property 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 provide greater flexibility in providing housing options to
meet this demand and have the added benefit of allowing limited small-scale commercial
uses in close proximity to residences.
Staff Report for 17-300 Lot 5A Zone Map Amendment Page 11 of 17
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 would rezone 4.2419 acres from R-3 Residential
Medium Density to R-5 Residential Mixed Use High Density. The subject property is
currently undeveloped and is part of Phase 2 of the Annie Subdivision. The property is
bordered by vacant land zoned R-4 residential high density to the north, Rose Park zoned R-
3 residential medium density to the east, apartments zoned R-3 residential medium density
to the south (across West Oak Street), and apartments and townhomes zoned R-3 residential
medium density to the west. The future land use map in the Bozeman Community Plan
designates the property as residential.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on Wednesday, November 15, 2017 to all owners of
property located inside the proposed change and within 200 feet of the perimeter of the
change. The project site notice was distributed on Wednesday, November 15, 2017 for
Staff Report for 17-300 Lot 5A Zone Map Amendment Page 12 of 17
posting on Friday, November 17, 2017. Notice was published in the Legal Ads section of the
Bozeman Daily Chronicle on November 19, 2017 and November 26, 2017.
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 R-5 district did not exist when the growth
policy was adopted in 2009, therefore there is not a clear correlation between the future land
use designation of residential and the R-5 district.
Staff Report for 17-300 Lot 5A Zone Map Amendment Page 13 of 17
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-5 (Residential Mixed Use High Density).
The intent of the R-5 District is:
“…to provide for high-density residential development through a variety of compatible
housing types and residentially supportive commercial uses in a geographically compact,
walkable area to serve the varying needs of the community's residents. Offices and small
scale retail and restaurants are allowed as secondary uses provided special standards are
met.”
Table 38.08.020 establishes the uses that are allowed in the R-3 and R-5 zoning districts.
Table of Residential Uses
Authorized
Uses
R-3 R-5
Accessory dwelling units 8,9 P P
Staff Report for 17-300 Lot 5A Zone Map Amendment Page 14 of 17
Table of Residential Uses
Authorized
Uses
R-3 R-5
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 —
Fraternity and sorority houses — —
Golf courses A A
Greenhouses P P
Staff Report for 17-300 Lot 5A Zone Map Amendment Page 15 of 17
Table of Residential Uses
Authorized
Uses
R-3 R-5
Group day care home P P
Group living A A
Guesthouses A/C A/C
Home-based businesses 5 C P
Lodging houses — C 3
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 3
Medical offices, clinics, and centers — —
Recreational vehicle parks — P 11
Restaurant — P 11
Retail P P
Signs, subject to article 28 of this chapter P P
Single-household dwelling — —
Staff Report for 17-300 Lot 5A Zone Map Amendment Page 16 of 17
Table of Residential Uses
Authorized
Uses
R-3 R-5
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.
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.
Staff Report for 17-300 Lot 5A Zone Map Amendment Page 17 of 17
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:
Rooted Investments, LLC 130 Natique Way Belgrade MT 59714
Applicant: Rooted Investment, LLC, 130 Natique Way, Belgrade, MT 59714
Representative: Ryan Hudock, 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:
Lot 5A zone map amendment map
Lot 5A development review and zone map amendment applications, including an adjoining
property owners list and project narrative