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17-439, Staff Report for the 2017 J&D 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: #17-439 Zone Map Amendment requesting amendment of the City
Zoning Map for two existing lots consisting of 15.47 acres from R-4 residential high density
to R-O residential-office.
Project Location: The property is generally located between Fallon Street and West Babcock
Street near their intersection with Automotive Avenue and is legally described as Lot R-2 of J &
D Family Subdivision Phase 2 & Common Open Space B of J & D Major Family Subdivision
Phase 1, located in NE4, SE4 Section 29, T2S, R5E, City of Bozeman, Gallatin County,
Montana, 59715.
Recommendation: Approval
City Commission Recommended Motion: Having reviewed and considered the staff
report, application materials, public comment, all information presented, I hereby adopt the
findings presented in the staff report for application 17-439 and move to approve the J&D
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, Islands LLC, requests rezoning of two existing lots and corresponding
portions of street right-of-way totaling approximately 15.47 acres (gross) from R-4
residential high density to R-O residential-office. The subject properties are currently
undeveloped and are surrounded by residential high density, community business,
neighborhood business, residential mobile home, business park, and residential -office. The
future land use map in the Bozeman Community Plan designates the properties as
residential, which the R-O district serves to implement – see Table C-16 in Appendix C.
The subject properties are owned by J&D Family Limited Partnership.
Staff Report for 17-439 2017 J&D Zone Map Amendment Page 2 of 16
The Zoning Commission will hold a public hearing to consider this zone map amendment at
its December 5, 2017 meeting.
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 ..... 5
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 6
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 6
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 9
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 10
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 11
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 11
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 15
FISCAL EFFECTS ................................................................................................................. 16
ATTACHMENTS ................................................................................................................... 16
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SECTION 1 - MAP SERIES
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Staff Report for 17-439 2017 J&D Zone Map Amendment Page 5 of 16
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 “J&D Zone Map Amendment.”
2. That the applicant must submit a zone amendment map, titled “2017 J&D 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. 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 17-439 2017 J&D Zone Map Amendment Page 6 of 16
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
In considering the criteria the analysis must show that the amendment accomplishes criteria
A-D. Criteria E-K must be considered and may be found to be affirmative, neutral, or
negative. A favorable decision on the proposed application must find that the application
meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative
outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The future land use map in the Bozeman Community Plan (growth policy) designates
the subject properties as residential, which the proposed R-O zoning would align with. As
Table C-16 from the growth policy shows (see Appendix C) the R-O zoning district is a
proper implementing district for the residential designation.
Additionally, the proposed zone map amendment advances multiple objectives of the growth
policy:
Land Use Objective 1.1: “The land use map and attendant policies shall be the official
guide for the development of the City and shall be implemented through zoning
regulations, capital improvements, subdivision regulations, coordination with other
governmental entities, and other implementation strategies.”
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.”
Land Use Objective 2.3: “Encourage redevelopment and intensification, especially with
mixed uses, of brownfields and underutilized property within the City consistent with the
City’s adopted standards. Using this approach rehabilitate corridor based commercial
uses into a pattern more supportive of the principles supported by commercial centers.”
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.”
Staff Report for 17-439 2017 J&D Zone Map Amendment Page 7 of 16
No conflicts with the Growth Policy have been identified.
B. Secure safety from fire and other dangers.
Yes. The subject properties are currently within the jurisdiction of the City of Bozeman Fire
and Police Departments and within the service area of American Medical Response
ambulances. An amendment of the zoning map from R4 to R-O is not likely to adversely
impact safety from fire and other dangers.
C. Promote public health, public safety, and general welfare.
Yes. The proposed amendment will promote general welfare by implementing the future land
use map in the Bozeman Community Plan. Future site development will be required to be in
compliance with the Unified Development Code which will help assure general health,
safety, and welfare. 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. 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. Future
review of development will provide site specific evaluations of infrastructure needs. Needed
improvements can be addressed during the plan review process. The review procedures and
standards adopted by the City ensure this criterion is met.
E. Reasonable provision of adequate light and air.
Yes. The proposed zoning designation modifications are compatible with those adjacent to
the subject property and site development in compliance with Bozeman’s Unified
Development Code will help assure the provision of adequate light and air. Development of
the subject property will not significantly alter the surrounding development pattern, nor will
it reduce 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
Staff Report for 17-439 2017 J&D Zone Map Amendment Page 8 of 16
R-O. These standards will help ensure the provision of adequate light and air. In addition,
the existing physical characteristics of the site include a large open space corridor and
potential park and trail connections.
F. The effect on motorized and non-motorized transportation systems.
Yes. The Bozeman Area Transportation Plan (2017) classifies the adjacent and nearby
roadways currently surrounding the subject property as Principal Arterials (Huffine Lane and
South Cottonwood Road) a Minor Arterial (Durston Road) a Collector (West Babcock
Street), and Local Streets (Water Lily Dr., Automotive Ave., and Fallon St.). The proposed
R-O zoning designation should not create a significant increase in traffic, over than what has
been anticipated. The increase in vehicle trips will likely be minimal and will not likely have
a significant detrimental impact on traffic flows. Additionally, a bicycle route through the
proposed open space corridor (see ZMA exhibit) is intended to be included in the future
development of the site in accordance with the City of Bozeman’s future infrastructure
planning, which would have a positive effect on the City’s non-motorized transportation
system.
G. Promotion of compatible urban growth.
Yes. The Growth Policy supports infill development on underutilized properties. The change
from R-4 to R-O of the subject property will enable the currently undeveloped land to be
developed in a manner consistent with surrounding development patterns. In addition, the
properties are surrounded by adjacent high density residential and commercial zoned areas.
As a result, land uses that are of a mixed-use residential/office nature are an appropriate
extension of the current urban growth patterns.
H. Character of the district.
Yes. The authorized uses in the proposed R-O district generally match those on the subject
property which is currently zoned R-4. The intent of the R-O district is to “provide for and
encourage the development of multi-household and apartment development and compatible
professional offices and businesses that would blend well with adjacent land uses” while
the intent of the R-4 district is to “provide for high-density residential development through
a variety of housing types within the city with associated service functions.” A change
from R-4 to R-O would allow the subject property properties to be developed in a manner
consistent with what is currently allowed and create compatible adjacent uses to surrounding
properties. The underlying growth policy 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.
Staff Report for 17-439 2017 J&D Zone Map Amendment Page 9 of 16
I. Peculiar suitability for particular uses.
Yes. Authorized uses in the R-4 (existing) and R-O (proposed) district are very similar. The
primary difference is that office uses are permitted in the R-4 district only when in
conjunction with dwellings. The proposed R-O district, with an underlying growth policy
designation as residential, would result in the primary use being non-office (which is
calculated by percentage of building floor area). See Appendix C for a list of authorized uses
in the R-O district. A change to R-O would conform to adjacent zoning, implement the
Bozeman Community Plan, and provide for further development of residential with
associated office land uses which is suitable for the area as that is the current development
pattern. The future development of the site intends 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. Conserving the value of buildings.
Yes. All future site development that complies with the requirements outlined in the
UDC and future PUD Design Guidelines will ensure consistency with the existing and
planned surrounding development types which will, in turn, aid in the conservation of
surrounding property values. The development standards and allowed uses for the R-4 and R-
O districts are similar and the built environment will reflect consistency within the
surrounding districts. As a result, the proposed amendment is not likely to negatively impact
the value of existing buildings.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed zone map amendment would allow the subject property to be developed
in a manner consistent with surrounding development patterns and provide an appropriate
transition between adjacent uses. The proposed amendment and subsequent mixed-use
development is suitable for the site and can benefit from and add to the commercial and
service nature of the surrounding area. The growth policy supports development on
underutilized parcels and the proposed amendment would provide for that on the
undeveloped parcels.
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.
Staff Report for 17-439 2017 J&D Zone Map Amendment Page 10 of 16
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 approximately 15.47 acres (gross) from
R-4 residential high density to R-O residential-office. The subject properties are currently
undeveloped and are surrounded by residential high density, community business,
neighborhood business, residential mobile home, business park, and residential -office. The
future land use map in the Bozeman Community Plan designates the properties as
residential, which the R-O district serves to implement – see Table C-16 in Appendix C.
The property is located within wetland and riparian areas identified by the Gallatin Local
Water Quality District and the Natural Resource Conservation Service. Any development
issues related to these identification would need to be addressed during site plan reviews.
The subject property is associated with the 2017 J&D Family Subdivision Phase 2
Preliminary Plat which was recently filed.
The future development plans include a “live/work” mixed use project. This type of
development would be consistent with adjacent land uses and provide an appropriate
transition between commercial and high density residential. Overall, the development
standards and the authorized uses for R-4 and R-O are similar and the proposed built
environment is consistent with surrounding growth patterns and meets the goals and
objectives of the Bozeman Community Plan.
Staff Report for 17-439 2017 J&D Zone Map Amendment Page 11 of 16
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on Thursday, 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 was posted 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 proposed zoning of R-O is an
implementing district for the future land use designation of residential.
Staff Report for 17-439 2017 J&D Zone Map Amendment Page 12 of 16
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-O (Residential Office District). The intent of the R-
O District is:
“to provide for and encourage the development of multihousehold and apartment
development and compatible professional offices and businesses that would blend well
with adjacent land uses. The primary use of a lot, as measured by building area, permitted
in the R-O district is determined by the underlying growth policy land use designation.
Where the district lies over a residential growth policy designation the primary use shall be
non-office uses; where the district lies over a nonresidential designation the primary use
shall be office and other nonresidential uses. Primary use shall be measured by percentage
of building floor area.”
Table 38.08.020 establishes the uses that are authorized in the R-O zoning districts.
Staff Report for 17-439 2017 J&D Zone Map Amendment Page 13 of 16
Table of Residential Uses Authorized
Uses
R-O
Accessory dwelling units 8,9 P
Agricultural uses on 2.5 acres or more 2 —
Agricultural uses on less than 2.5 acres 2 —
Apartments/apartment building, as
defined in article 42of this chapter
P
Bed and breakfast P
Commercial stable —
Community centers P
Community residential facilities with
eight or fewer residents
P
Community residential facilities serving
nine or more residents
P
Cooperative housing P
Cottage Housing P
Day care centers P
Essential services Type I A
Essential services Type II P
Essential services Type III C 10
Family day care home P
Fences A
Fraternity and sorority houses P
Golf courses —
Greenhouses A
Group day care home P
Group living P
Guesthouses A
Home-based businesses 5 A/C
Lodging houses P
Offices P
Other buildings and structures typically
accessory to authorized uses
A
Private garages A
Staff Report for 17-439 2017 J&D Zone Map Amendment Page 14 of 16
Private or jointly owned recreational
facilities
A
Private stormwater control facilities A
Private vehicle and boat storage A
Public and private parks P
Manufactured homes on permanent
foundations 1
P
Manufactured home communities —
Medical offices, clinics, and centers P
Recreational vehicle parks —
Restaurant —
Retail —
Short term rentals (Type 1) P
Short term rentals (Type 2) P
Short term rentals (Type 3) —
Signs, subject to article 28 of this chapter A
Single-household dwelling P
Temporary buildings and yards incidental
to construction work
A
Temporary sales and office buildings A
Three- or four-household dwelling P
Two-household dwelling P
Townhouses (two attached units) P
Townhouses (five attached units or less) P
Townhouses (more than five attached
units)
P
Tool sheds for storage of domestic
supplies
A
Uses approved as part of a PUD
per article 20 of this chapter
C
Veterinary uses —
Notes:
1 Manufactured homes are subject to the standards of section 38.22.130.
Staff Report for 17-439 2017 J&D Zone Map Amendment Page 15 of 16
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.
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:
J&D Family
Limited
Partnership
270 Automotive
Drive
Bozeman MT 59718
Applicant: Islands LLC PO Box 12037 Bozeman, MT 59719
Representative: Haystack Development, PO Box 1793 Bozeman, MT 59771
Report By: Chris Saunders, Community Development Manager
Staff Report for 17-439 2017 J&D Zone Map Amendment Page 16 of 16
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:
J&D zone map amendment exhibit
J&D development review and zone map amendment applications, including an adjoining
property owners list and project summary.