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HomeMy WebLinkAbout18120 West Babcock ZMA - ZC Staff ReportPage 1 of 15 18120, Staff Report for the West Babcock Zone Map Amendment Public Hearing Date: Zoning Commission: Tuesday, May 1, 2018 City Commission: Monday, May 21, 2018 Project Description: #18120 Zone Map Amendment requesting amendment of the City Zoning Map to rezone 9.9 gross acres / 431,069 square feet from R-O Residential Office and B-2 Community Business to B-2M Community Business District - Mixed as allowed by Section 38.260.100 of the Bozeman Municipal Code. Project Location: The property is generally located north and south of West Babcock Street to the north and west of the intersection of South 15th Avenue and West Babcock Street and is legally described as Lots 2 and 3 of Certificate of Survey 1046, Certificate of Survey 420, Certificate of Survey 963, Certificate of Survey 1332, Certificate of Survey 924, Lots 13 and 14 in Block 2 of Richard’s Subdivision, Book 127-Page 274A Plat, Lot 1 of Minor Subdivision No. 9, Lot B in Certificate of Survey 1062, and an adjoining portion of West Main Street, and an adjoining portion of Babcock Street, said tract being located in the Northwest and Southwest Quarters of Section 12, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. 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 18120 and move to recommend approval of the West Babcock zone map amendment, with contingencies required to complete the application processing. Report Date: April 25, 2018 Staff Contact: Addi Jadin, Associate Planner Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues None identified at this time. Staff Report for 18120 West Babcock Zone Map Amendment Page 2 of 15 Project Summary The purpose of the public hearing is to consider the requested amendment to the City of Bozeman Zoning Map proposed by the nine property owners/applicants and the project representative listed in Appendix D. The applicants request rezoning of 15 lots and corresponding portions of street right-of-way totaling approximately 9.9 acres (gross) from R-O Residential Office and B-2 Community Business Commercial to B-2M Community Business Mixed. Three of the lots south of West Babcock are currently zoned R-O and the remaining 12 lots are zoned B-2. The subject properties are currently developed with a variety of commercial uses, with the exception of a single-household property south of Babcock and the vacant parcel adjacent to it. The subject properties are surrounded by commercial retail sales and services, multi- household residential, administrative/professional offices, school property and restaurants. The future land use map in the Bozeman Community Plan designates the properties as community commercial mixed use. The Zoning Commission recommendation will be forwarded to the City Commission for consideration at their meeting on Monday, May 21. 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. Staff Report for 18120 West Babcock Zone Map Amendment Page 3 of 15 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 6 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 6 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 7 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 10 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 11 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 12 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 12 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 15 FISCAL EFFECTS ................................................................................................................. 15 ATTACHMENTS ................................................................................................................... 15 Staff Report for 18120 West Babcock Zone Map Amendment Page 4 of 15 SECTION 1 - MAP SERIES Current Zoning Map Staff Report for 18120 West Babcock Zone Map Amendment Page 5 of 15 Community Plan Future Land Use Map Staff Report for 18120 West Babcock Zone Map Amendment Page 6 of 15 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 “West Babcock Zone Map Amendment.” 2. That the applicant must submit a zone amendment map, titled “West Babcock 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 April 4, 2018. 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 May 1, 2018, at 121 N. Rouse Avenue, Bozeman, and forward a recommendation of approval to the City Commission. The meeting will begin at 6 p.m. The City Commission will hold a public hearing on the zone map amendment on May 21, 2018, at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following criteria (letters A-K). As an amendment is a Staff Report for 18120 West Babcock Zone Map Amendment Page 7 of 15 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 community commercial mixed use. The intent of the B-2M zoning district aligns with the description of community commercial mixed use in the growth policy (see Appendix C of the staff report). 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.” 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 Staff Report for 18120 West Babcock Zone Map Amendment Page 8 of 15 ambulances. The proposed amendment of the zoning map is not likely to adversely impact safety from fire and other dangers as any changes in use and further development would be reviewed under the Unified Development Code (UDC). 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. The review procedures and standards adopted by the City ensure this criterion is met. E. Reasonable provision of adequate light and air. Neutral. Development of the subject properties under the B-2M zoning requirements would allow taller buildings and the setbacks would be reduced for lots currently zoned R-O. Along Main Street and close to Babcock, no problems with the increased height are identified. Where adjacent to the R-3 zoning district to the south, the UDC’s zone edge transition requirements between zones of varying intensity do not apply. There is no precedent for B- 2M zoning adjacent to R-3 zoning except where separated by a street or alley. However, with the setbacks, open space, landscaping and building design requirements of the UDC, adequate light and air is expected to be provided in the event that future development occurs along the zone edge boundary. 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 Arterial (Main Street and South 19th Avenue) and Collectors (West Babcock Street and S. 15th Avenue ). The Main Street corridor is served by transit and essential retail and services are nearby. Any changes in traffic with development under the B-2M zoning designation would be reviewed at the time of further development on the subject parcels. Improvements to West Babcock and the Staff Report for 18120 West Babcock Zone Map Amendment Page 9 of 15 greater transportation system may be required including curb and gutter, bike lanes and sidewalks for any significant increase in development that results from the zoning change. G. Promotion of compatible urban growth. Yes. The Growth Policy supports infill development on underutilized properties. The proposed change of zoning for the subject properties 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 nature are an appropriate extension of the current urban growth patterns. H. Character of the district. Yes. The authorized uses in the proposed B-2M district are not significantly different from what is allowed in the B-2 district. B-2M commercial uses are different from the R-O district but because the adjacent residential district is R-3 residential medium density, the R-O transitional uses are not critical. All three districts allow mixed-use development and the allowance in B-2M zoning for ground-level residences is compatible with the adjacent multi- household residences. The intent of the B-2M district is to serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use; therefore, a change from B-2 and R-O to B-2M would allow the subject properties to be developed in a manner consistent with what is currently allowed and create compatible adjacent uses to surrounding properties. I. Peculiar suitability for particular uses. Yes. The B-2M zoning district is intended to accommodate substantial growth and enhance the character of the city. Due to the proximity to arterial streets, transit, existing multi- household development, schools and commercial retail and services, the potential intensification of residential uses allowed in B-2M zoning is appropriate for this location. A change to B-2M zoning 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. J. Conserving the value of buildings. Yes. All future site development that complies with the requirements outlined in the UDC 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 B-2 and B-2M districts are similar with the exception of parking standards, building height and the allowance in B-2M for ground-floor residential. Staff Report for 18120 West Babcock Zone Map Amendment Page 10 of 15 B-2M would allow an significant increase in intensity for the three lots zoned R-O, however the adjacent multi-household buildings would not be detrimentally impacted due to setback, open space, landscaping and building design requirements. 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 is suitable for the site and can benefit from and add to the commercial and residential nature of the surrounding area. The growth policy supports development on underutilized parcels and the proposed amendment would provide for that. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. Staff Report for 18120 West Babcock Zone Map Amendment Page 11 of 15 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The purpose of the public hearing is to consider the requested amendment to the City of Bozeman Zoning Map proposed by the nine property owners/applicants and the project representative listed in Appendix D. The applicants request rezoning of 15 lots and corresponding portions of street right-of-way totaling approximately 9.9 acres (gross) from R-O Residential Office and B-2 Community Business Commercial to B-2M Community Business Mixed. Three of the lots south of West Babcock are currently zoned R-O and the remaining 12 lots are zoned B-2. The subject properties are currently developed with a variety of commercial uses, with the exception of a single-household property south of Babcock and the vacant parcel adjacent to it. The subject properties are surrounded by commercial retail sales and services, multi- household residential, administrative/professional offices, school property and restaurants. The future land use map in the Bozeman Community Plan designates the properties as community commercial mixed use. The development standards and authorized uses for B-2 and B-2M are similar except for allowed building heights, parking requirements and the allowance in B-2M for ground-floor residential. B-2M and R-O zoning districts differ significantly in the uses allowed in each district, with commercial and light industrial being allowed in B-2M. Height and parking requirements also differ. The maximum height for a flat-roof building in B-2 is 38 feet (49.4 feet with a Conditional Use Permit) and in the R-O zoning district, a flat roof building could be no taller than 34 feet. In the B-2M, buildings are allowed to be 60 feet tall with a limited portion being 12 feet higher. This height difference is appropriate for and enhances the goal of creating a clearly defined street-edge along arterial and collector streets. Where adjacent to the existing multi-household residential properties, setbacks, open space, landscaping and building design requirements of the UDC are intended to ensure adequate light and air; thus conserving the value of existing buildings. The recently adopted parking requirements for the B-2M zoning district are likely to be the biggest driver for increased development of the existing properties. Due to the properties’ proximity to transit and commercial retail and services, it is an appropriate area for the reduced parking requirements allowed in B-2M zoning; however any influx in traffic to the area along Babcock may result in infrastructure constraints due to the poor level of street grid connectivity along the West Babcock corridor. Any increase in traffic generated would be reviewed at the time of Site Plan application and improvements to infrastructure are likely to be required, particularly along West Babcock. The allowance for ground-floor residential in B-2M zoning has the potential to enhance the residential character of adjacent medium density properties zoned R-O and R-3. Staff Report for 18120 West Babcock Zone Map Amendment Page 12 of 15 The Zoning Commission recommendation will be forwarded to the City Commission for consideration at their meeting on Monday, May 21, 2018. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US 1st Class mail on Tuesday, April 10, 2018 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 Sunday, April 15, 2018. Notice was published in the Legal Ads section of the Bozeman Daily Chronicle on April 15 and 22, 2018. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as Community Commercial Mixed Use in the Bozeman Community Plan future land use map. The Bozeman Community Plan describes the character of the land use category as follows: Community Commercial Mixed Use. Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non- automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities are anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile. The Community Commercial Mixed Use category is distributed at two different scales to serve different purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers for an area of several square miles Staff Report for 18120 West Babcock Zone Map Amendment Page 13 of 15 surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller Community Commercial areas are usually in the 10 15 acre size range and are intended to provide primarily local service to an area of approximately one-half mile radius. These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. They should typically be located on one or two quadrants of intersections of arterials and/or collectors. Although a broad range of uses may be appropriate in both types of locations the size and scale is to be smaller within the local service placements. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development. (Pages 3-12 and 3-13) Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2M (Community Business District - Mixed). The intent of the B-2M District as stated in the UDC is: …to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. (38.300.110.C.) The following table consolidates uses allowed in the B-2M zoning district from Tables 38.310.040.A, B., C., D., and E. of the UDC: General Sales Uses Automobile fuel sales or repair S Convenience uses P Heavy retail establishment P Restaurants P Retail P Sales of alcohol for on-premise consumption C Services & temporary lodging uses Automobile washing establishment P Staff Report for 18120 West Babcock Zone Map Amendment Page 14 of 15 Daycare—Family, group, or center P General service establishment P Health and exercise establishments P Heavy service establishment P Medical and dental offices, clinics and centers P Mortuary S Offices P Personal and convenience services P Short Term Rental (Type 1,2, or 3) P Hotel or motel P Residential uses Apartments P Apartment buildings P Townhouses & rowhouses C Live-work units P Ground floor residential P Community residential facilities with eight or fewer residents P Community residential facilities serving nine or more residents C Group living P Lodging houses C Industrial and wholesale uses Manufacturing artisan P Manufacturing (light) S Manufacturing (moderate) C Refuse and recycling containers A Public, regional, recreational, cultural and accessory uses Business, trade, technical or vocational school Essential Services  Type I A  Type II P  Type III P Meeting hall P Public buildings and publicly owned land used for parks, playgrounds and open space P Amusement and recreational facilities P Arts and entertainment center P Community centers P Staff Report for 18120 West Babcock Zone Map Amendment Page 15 of 15 Home-based businesses A Other buildings and structures (typically accessory to permitted uses) A Any use, except adult businesses and casinos, approved as part of a planned unit development subject to the provisions of division 38.430 C APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owners/Applicants: AV MT 1, 2559 Outpost Drive, Los Angeles, CA 90068 1532 Babcock LLC, 1911 Fort Ellis Road, Bozeman, MT 59715 American Bank, 1632 W. Main Street, Bozeman, MT 59715 Youth Dynamics, 2334 Lewis Avenue, Billings, MT 59102 Kirk Homestead, PO Box 573, Bozeman, MT 59771 Larry and Rita Merkel, PO Box 1401, Bozeman, MT 59771 113 LLC, PO Box 573, Bozeman, MT 59771 Real Angels LLC, 251 Southview Ridge Lane, Bozeman, MT 59715 Representative: Intrinsik Architecture, Inc., Marjorie Hennessey, 111 N. Tracy Avenue, Bozeman, MT 59715 Report By: Addi Jadin, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application Materials: West Babcock zone map amendment exhibit West Babcock zone map amendment application, including an adjoining property owners list and project summary.