HomeMy WebLinkAbout12-18-17 City Commission Packet Materials - A7. 2017 J & D Subdivision ZMAPage 1 of 16
17-439, Staff Report for the 2017 J&D Zone Map Amendment
Public Hearing Date:
Zoning Commission public hearing was 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, and
recommendation of the Zoning Commission at the public hearing on December 5, 2017, 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: December 8, 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
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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.
The Zoning Commission held a public hearing and considered this zone map amendment at
its December 5, 2017 meeting. No public comment was received. The Zoning Commission
passed a motion recommending this zone map amendment for approval by the City
Commission on a unanimous, 4-0, vote.
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 ................................................................................................................. 15
ATTACHMENTS ................................................................................................................... 16
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SECTION 1 - MAP SERIES
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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 held a public hearing on this zone map amendment on December 5,
2017 and forward a recommendation of approval to the City Commission.
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.
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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.”
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
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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.
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consulting // entitlements // planning // development
offices
Bozeman 104 E. MAIN ST. 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
715
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
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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:
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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.
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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
719
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.
720
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
721
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
722
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.
724
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
725
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
726
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
727
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.
728
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.
729
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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 )0200736