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SUITE 206 Big Sky 55 MEADOW CENTER DR. #4B p.406.624.6020 m.406.570.3830 trever@haystackdevelopment.com HAYSTACKDEVELOPMENT.COM mail PO BOX 1793 BOZEMAN, MT 59771 SEPTEMBER 2017 Prepared for: ISLANDS LLC PO Box 12037 Bozeman, MT, 59715 J & D ZONE MAP AMENDMENT J & D Zone Map Amendment Table of Contents Application Materials Development Review Application Form (A1) Zone Map Amendment Required Materials Form (ZMA) Noticing Materials Form (N1) Adjacent Property Owners List & Map Zone Map Amendment Application Narrative Overview Figure 1: Vicinity Map Figure 2: Current Zoning Map Figure 3: Proposed Zoning Map Zone Map Amendment Criteria Responses Figure 4: Future Land Use Map Figure 5: Access Exhibit Figure 6: PROST Map Summary Zone Map Amendment Exhibit A1 Development Review Application A1 Page 1 of 3 Revision Date 01-04-16 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications DEVELOPMENT REVIEW APPLICATION 1. PROJECT Development Name: Description: 2. PROPERTY OWNER Name: Full Address: Phone: Email: 3. APPLICANT Name: Full Address: Phone: Email: 4. REPRESENTATIVE Name: Full Address: Phone: Email: 5. PROPERTY Full Street Address: Full Legal Description: Current Zoning: Current Use: Community Plan Designation: Development Review Application A1 Page 2 of 3 Revision Date 01-04-16 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications Overlay District: Neighborhood Conservation Entryway Corridor None Urban Renewal District: Downtown North 7th Avenue Northeast None 6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26) Gross Area: Acres: Square Feet: Net Area: Acres: Square Feet: Dwelling Units: Nonresidential Gross Building Square Feet: 7. APPLICATION TYPES Check all that apply, use noted forms. Form Form 1. Pre-application Consultation None 17. Informal Review INF 2. Master Site Plan MSP 18. Zoning Deviation None 3. Site Plan SP 19. Zoning or Subdivision Variance Z/SVAR 4. Subdivision pre-application PA 20. Conditional Use Permit CUP 5. Subdivision preliminary plat PP 21. Special Temporary Use Permit STUP 6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP 7. Subdivision exemption SE 23. Regulated Activities in Wetlands RW 8. Condominium Review CR 24. Zone Map Amendment (non Annexation) ZMA 9. PUD concept plan PUDC 25. UDC Text Amendment ZTA 10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA 11. PUD final plan PUDFP 27. Modification/Plan Amendment MOD 12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT 13. Administrative Interpretation Appeal AIA 29. Reasonable Accommodation RA 14. Administrative Project Decision Appeal APA 30. Other: 15. Commercial Nonresidential COA CCOA 1 6. Historic Neighborhood Conservation Overlay COA NCOA 8. APPLICATION FEES AND MATERIALS A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an estimate. Development Review Application A1 Page 3 of 3 Revision Date 01-04-16 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications B. Application materials shall be submitted for each application as shown in the specific guidance and checklists that is provided for each application type. A common development review application form and common notice materials may be provided for an application that includes more than one application type. All other application materials shall be submitted for each individual application type per the project guidance and checklists. 9. CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information i s true and correct to the best of my (our) knowledge. Certification of Completion and Compliance – I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance. Applicant Signature: Printed Name: Owner Signature: Printed Name: Owner Signature Printed Name: If signing as a corporation, please provide the title and position of the individual signing on behalf of the corporation. Attach separate sheets for additional owner signatures. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net ZMA Zone Map Amendment Required Materials ZMA Page 1 of 2 Revision Date 1-05-16 Required Forms: A1, N1 Recommended Forms: Required Forms: ZONE MAP AMENDMENT REQUIRED MATERIALS APPLICATION SETS 3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets. This application is only for a proposed zone map amendment to in association with annexation. If an annexation is associated with the map amendment, see form ANNX. Complete and signed development review application form A1. Plan sets that include all items required in the zone map amendment checklist below. Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 1 set that include 11 x 17 inch plans 2 digital versions of all materials (JPEG or PDF) on separate CD -ROM’s or USB drive. Individual files must be provided at 5MB or less in size. Files shall be named according to naming protocol. Notes: All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36 inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Plans that are rolled or not bound into sets will not be accepted. NOTICING MATERIALS Completed and signed property adjoiners certificate form N1 and materials. APPLICATION FEE Base fee: $1,831 Plus: $58 per acre ZONE MAP AMENDMENT CRITERIA 1. A thorough project narrative including a detailed response to the following: a. Is the new zoning designed in accordance with the growth policy? How? b. Will the new zoning secure safety from fire and other dangers? How? c. Will the new zoning promote public health, public safety and general welfare? How? d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How? e. Will the new zoning provide reasonable provision of adequate light and air? How? f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How? g. Does the new zoning promote compatible urban growth? How? h. Does the new zoning promote the character of the district? How? i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? j. Was the new zoning adopted with a view to conserving the values of buildings? How? k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? 2. If map amendment, provide an exhibit of the property to be modified. Provide existing zoning designation and the proposed land use designation. The exhibit should include the legal limits of the property and size in square feet and acreage. If adjacent to a right of way the zoning should extend to the centerline of the right of way. Zone Map Amendment Required Materials ZMA Page 2 of 2 Revision Date 1-05-16 Required Forms: A1, N1 Recommended Forms: Required Forms: CERTFICATION AND SIGNATURES I (We), the undersigned, hereby certify that the information contained in this application is true and correct to the best of my (our) knowledge. Property Owner’s Signature(s) Date State of County of On this day of , 20 , before me, a Notary Public ofr the State of , personally appeared , known to me to be the person(s) whose name(s) is(are)) subscribed to the above instrument and acknowledge to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for State of Residing at My Commission Expires CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net N1 Noticing Materials Page 1 of 1 Revision Date 1-05-16 Required Forms: N1 Recommended Forms: Required Forms: NOTICING MATERIALS Notice is required for certain projects in order for citizens to participate in decision making which affects their interests and provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision maker. SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST MINOR SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS Completed and signed property adjoiners certificate form N1. Legible list of full names and addresses of all property owners within 200 feet of the project site, attached to this checklist. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the adjoining property owners. MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS Completed and signed property adjoiners certificate form N1. Legible list of full names and addresses of all property owners within 200 feet of the project site and not physically contiguous (touching a boundary) to the subdivision, attached to this checklist. Clearly label list ADJOINER NOT CONTIGUOUS. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the adjoining property owners. Legible list of full names and addresses of all property owners physically contiguous (touching a boundary) including recorded purchasers under contract for deed to be sent certified mail attached to this checklist. Clearly label list CONTIGUOUS. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the physically contiguous property owners including recorded purchasers under contract for deed. Two sets additional mailing labels with the names and addresses of the physically contiguous property owners including recorded purchasers under contract for deed attached. NOTICE Current property owners of record can be found at the Gallatin County Clerk and Recorder’s Office in the Gallatin County Courthouse 311 West Main Street Bozeman, Montana. CERTIFICATION I, _____________________________________________, hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all condominium owners, within 200 feet of the property located at ________________________________________________________, is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. _______________________________________ Signature CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net J & D Zone Map Amendment 1 Overview The subject property contains a total of 15.47 acres and is generally located between Fallon Street and West Babcock Street near their intersection with Automotive Avenue. The properties include Lot R-2 of the J & D Family Subdivision Phase 2, Common Open Space B of J & D Family Major Subdivision Phase 1 as well as the corresponding portions of street right-of-way in West Babcock Street and Fallon Street. This application proposes to amend the City of Bozeman’s Official Zoning Map from R-4 (Residential High Density) to R-O (Residential Office) as illustrated on Figures 2 & 3 of this submittal. The current Growth Policy Future Land Use designation for the entire property is Residential. This request for a Zoning Map Amendment (ZMA) would be consistent with the underlying land use designation. Support for amending the zoning designation is based on three main principles: • This application is intended to ultimately allow for the development of a “live/work” mixed use project. This mix of land uses can provide appropriate and complementary adjacencies with transitions and buffers to the commercial uses east of the site and the residential neighborhoods to the west. • The adjacent and nearby transportation networks (including Huffine Land [US HWY 191], South Cottonwood Lane and West Babcock) are appropriate and desirable to any of the principal uses in the R-O district or the “live/work” mix of uses intended as part of this request. • The larger area surrounding the subject property continues to evolve with increasing intensity of both commercial uses as well as higher density residential developments. Overall, the development standards and the authorized uses for R-4 and R-O are similar and the built environment will reflect consistency and meet the goals and objectives of the Growth Policy. J & D Zone Map Amendment 2 Zone Map Amendment Criteria Responses Note: The following Applicant responses to the 11 zoning review criteria are being provided as part of the overall application for the above noted Zone Map Amendment Request. The criteria will be listed verbatim, in italics font, from the City of Bozeman’s Amendment Checklist (1.a-k.) and is followed by the Applicant’s responses and supporting details. Zoning Provision Criteria a. Is the new zoning designated in accordance with the growth policy? Response: YES. How: A modification from R-4 to R-O would be consistent with the underlying land use designation of “Residential” on the subject property. This request is intended to ultimately allow for the development of a “live/work mixed use development. Currently, the Unified Development Code (UDC) does not include a zoning designation that allows this mix as a principal or conditional use. Generally, this type of development creates a relatively even mix of residential and semi-commercial uses. Therefore, the R-O designation, along with a subsequent Planned Unit Development (PUD) request, will allow for the intended mix of uses. The “Residential” land use designation also ensures that that a portion of each individual unit within the property will include residential uses. As a result, impacts associated with non-residential uses should be mitigated. b. Will the new zoning secure safety from fire and other dangers? Response: YES. How: The subject Property is within the jurisdiction of the City of Bozeman Fire and Police Departments and within the service area of American Medical Response ambulances. The proposed zoning designation modifications are consistent with those adjacent to the subject property and site development in compliance with the UDC and subsequent building development in compliance with building codes will help secure safety from fire and other dangers. c. Will the new zoning promote public health, public safety and general welfare? Response: YES. How: The proposed zoning designation modifications are compatible with those adjacent to the subject property including the B-2 to the east, the BP and R-O to the south, the R-MH to the north and the R-4 to the west. Future site development that is in J & D Zone Map Amendment 3 compliance with the UDC and future building construction that is in compliance with the building code will help assure general health and welfare. d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Response: YES. How: Future site development proposals on the subject property will be required to demonstrate the adequate provision of all public services including those that may be necessary to offset any impacts that may be identified throughout the review process. Subsequent subdivision and site development will include the connection of May Fly and Dragon Fly Streets along with the associated infrastructure improvements to water supply and wastewater treatment systems, trail corridor connections and parkland dedication. e. Will the new zoning provide reasonable provision of adequate light and air? Response: YES. How: The proposed zoning designation modifications are compatible with those adjacent to the subject property and site development in compliance with the UDC will help assure the provision of adequate light and air. The commercial uses to the east and the residential uses to the west can benefit from the transitional nature of R-O uses, minimizing the effects of noise and air pollution. Development standards outlined in the UDC for lot coverage and floor area, lot area, yard setbacks and building heights are the same for R-4 and R-O. In addition, the existing physical characteristics of the site include a large open space corridor and potential park and trail connections. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? Response: YES. How: The continuation and connectivity of the street and trail networks that will occur with subdivision and site development will have a positive effect on the City’s transportation systems. This request is in response to changing market conditions that are the result of an evolving land use pattern that reflects the implementation of the various long-range planning documents that are intended to guide land use decisions within the City. Included in those documents is the Bozeman Area Transportation Plan (2007 Update), which classifies the adjacent and nearby roadways currently surrounding the subject property as a Principal Arterial (Huffine Lane & South Cottonwood Road) a Minor Arterial (Durston Road) and Collectors (West Babcock J & D Zone Map Amendment 4 Street & South Laurel Parkway). This new zoning designation will not create any more traffic than has been anticipated and can be accommodated by these roadways and future site development that complies with the Unified Development Code (UDC). A recommended bicycle route through the above mentioned open space corridor is included as part of the City of Bozeman infrastructure planning and the route has been incorporated in to the master planning of the site. g. Does the new zoning promote compatible urban growth? Response: YES. How: The subject property is located within the corporate limits of the City of Bozeman with direct access to the City of Bozeman street network, water supply and wastewater treatment systems, public school system and public park and trail network. The subject property is located adjacent to high density residential and commercially zoned areas. As a result, land uses that are of a higher intensity and more urban in nature are a sensible and compatible extension of the City’s ongoing urban growth patterns. h. Does the new zoning promote the character of the district? Response: YES. How: The zoning designation proposed with this request has been oriented in a manner that provides for a sensible transition of uses in an effort to better accommodate the current land use patterns. Future site development that complies with the standards required within the R-O zoning district would be consistent with the surrounding development types thereby preserving the character of the adjacent and nearby districts. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? Response: YES. How: The zoning designations proposed with this request are consistent with the land use patterns in the surrounding area and are intended to respond to an increasing demand for mixed-use properties with adequate access to and from major street networks, park and trail corridors and developing commercial centers. j. Was the new zoning adopted with a view to conserving the values of buildings? Response. YES. How: All future site development that complies with the requirements outlined in the UDC and future PUD Design Guidelines can ensure consistency with the existing and J & D Zone Map Amendment 5 planned surrounding development types which will, in turn, aid in the conservation and increase in property values. k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Response: YES. How: The zoning designation changes included as part of this request are intended to address an emerging and logical market trend that would indicate a need for the creation of the mix of uses proposed as part of this larger project. This type of development is suitable for the site and can benefit from and add to the commercial and service nature of the surrounding area. As referenced throughout this application, the facilities necessary to accommodate the changes requested are more than adequate and, especially in the case of transportation facilities, the types of uses that would be allowed within the amended districts will be more appropriate. J & D Zone Map Amendment 6 Summary Amending the zoning designation from R-4 to R-O on this property, or any property within the City of Bozeman with both residential and commercial adjacencies, will not fundamentally alter the character of the district. As noted throughout this narrative, the development standards for each designation are the same and even the authorized uses are similar. A future land use designation of “Residential” on the subject property will ensure a mix that includes residential uses and the impacts associated with any future R-O site development would be similar in nature to those anticipated for the property. As a result, the amendment proposed with this application will have a neutral effect on the adjacent properties, the surrounding neighborhood and the City of Bozeman. ZONE MAP AMENDMENT BOUNDARY= 15.47 ACRES (674,049 S.F.)EXISTINGR-4LOT R1, NORTON EASTRANCH SUBDIVISION EXISTINGRMHEXISTINGR-4EXISTINGR-OEXISTINGBPPROPOSEDR-OEXISTINGB-2EXISTINGB-2LOT1,BLOCK3,NORTONEASTRANCHSUB.PH.1UNPLATTED UN P L A T T E D LOT 2, BLOCK 2, NORTON EAST RANCHSUB. PH. 1 LOT 1, BLOCK 2, NORTON EAST RANCHSUB. PH. 1 LOT 1, BLOCK 1, NORTON EAST RANCHSUB. PH. 1 L O T 2 , B L O C K 2 , J & D F AM I L Y M A J O R S U B . P H . 1 L O T 2 , B LO C K 1 , J &D F AM I L Y M A JO R SU B . P H . 1 O P E N S P A C E A P H . 1 EXISTINGB-2L O T 1 , B LO C K 2 , J&D F AM I L Y M A JO R SU B . P H . 1 VALL E Y W E S T SU B D I V I S IO N BR OW E N P A R K L O T 2 , B L K . 3 , V A L L E Y W E S T SU B D I V I S I O N T R A C T 3 , B L K . 3 , V A L L E Y W E S T S U B D I V I S IO NEXISTINGRMH EXISTINGB-1T R A C T 3 A ( J - 2 3 0 - A ) V A L L E Y W E S T SU B D I V I S I ON LO T 1 AMIN O R S U B . 3 4 0 B L O T 1 BMINO R SU B . 3 4 0 B EXISTINGB-1EXISTINGB-1LOT R-214.02 ACRES(610,848 S.F.)EXISTINGB-1LO T 1 J& D F AM I L Y SU B D I V I S I ON P H . 2 EXISTINGB-1WEST BABCOCK STREETCOTTONWOOD ROADFALLON STREETCOMMONOPEN SPACE B0.81 ACRES (35,263 S.F.)ZONING BOUNDARY @ C/LPROPOSEDR-OJ:\CIVIL 3D PROJECTS\16014\ACAD\EXHIBITS\J&D ZMA.dwg Plotted on Sep/11/2017 ZONE MAP AMENDMENT J & D FAMILY SUBDIVISION SHEET No.PROJECT NO.DRAWN BY: CHK'D. BY: APPR. BY: DATE: JCH TWM TWM 09/2017102.151MONTANABOZEMANJ & D ZONE MAP AMENDMENTLOT R-2 OF J&D FAMILY SUBDIVISION - PHASE 2 &COMMON OPEN SPACE B OF J&D MAJOR FAMILY SUBDIVISION PHASE 1WITHIN THE NE1/4 , SE1/4 OF SECTION 9, T2S, R5E, P.M.,GALLATIN COUNTY, CITY OF BOZEMAN, MONTANA ( IN FEET )0200