HomeMy WebLinkAbout06-04-18 City Commission Packet Materials - A3. Kagy Crossroads Zone Map AmendmentPage 1 of 25
18-132, Staff Report for the Kagy Crossroads Zone Map Amendment
Public Hearing Date:
Zoning Commission public hearing: Tuesday, May 15, 2018
City Commission public hearing: Monday, June 4, 2018
Project Description: #18-132 Zone Map Amendment requesting amendment of the City
Zoning Map for two existing lots consisting of 5.07 acres from B-2 Community Business to
B-2M Community Business-Mixed.
Project Location: The property is generally located northwest of the intersection of S 19th
Avenue and Kagy Boulevard and is legally described as Lots 1 and 6, Kagy Crossroads
Minor Subdivision, located in NE4, SE1/4 Section 14, T2S, R5E, City of Bozeman, Gallatin
County, Montana, 59715.
Recommendation: Denial
Zoning Commission Recommended Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application 18-132 and move to deny the Kagy
Crossroads zone map amendment.
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 May 15, 2018, I hereby
adopt the findings presented in the staff report for application 18-132 and move to deny the
Kagy Crossroads zone map amendment.
Report Date: May 7, 2018
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
The applicant, Annex of Bozeman, requests rezoning of two existing lots and corresponding
portions of street right-of-way totaling approximately 5.07 acres from B-2 (Community
Business) to B-2M (Community Business-Mixed). The subject properties are currently
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undeveloped and bounded by B-2 zoned land to the east and west, R-3 zoned land to the
north, and B-2 and un-annexed lands on the south across Kagy Boulevard.
Current land use, as shown in the map series in section 1 below, is a mix of commercial,
residential, fallow, and small grain agricultural land.
The future land use map in the Bozeman Community Plan designates the properties as a
Commercial Node. These large community commercial mixed areas are significant in size
and designed to serve larger areas than neighborhood centers. Although not listed in Table
C-16 as an implementing district for the underlying land use designation because the table
has not yet been formally updated since the creation and adoption of the B-2M district, B-
2M is an implementing district for commercial land use designations.
The subject properties are owned by D&S Amelia Properties, Inc.
Zoning Commission Report
The Bozeman Zoning Commission met on May 15, 2018 to consider the application to
rezone 5.07 acres of land from B-2 to B-2M. Two people testified on the proposed zoning
change. One person stated concerns over how the change might impact commercial
activities because of increased parking and possible changing character of the area. The
second person, representing the applicant, argued B-2M is a more dynamic district more
conducive to modern needs of the community.
The Commission discussed the intent of the commercial node, community needs, and the
relationship between housing needs and commercial viability. The meeting can be viewed
HERE.
In conclusion, the Zoning Commission voted 2:2 on a motion to forward a recommendation
to deny the application.
Alternatives
1. Deny the application based on findings of non-compliance with the applicable zoning criteria
contained within the staff report;
2. Approve the application with contingencies as presented making alternate findings than those
included in this 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.
If the Zoning Commission or City Commission wishes to use alternative two they will need to
make individual findings for the criteria in Section 4 in support of the following 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 May 15,
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2018, I find that [state findings] and move to approve the Kagy Crossroads zone map amendment
with contingencies set forth in Section 2 of the staff report.”
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 8
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 9
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 9
Spot Zoning Criteria ......................................................................................................... 16
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 17
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 17
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 18
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 18
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 25
FISCAL EFFECTS ................................................................................................................. 25
ATTACHMENTS ................................................................................................................... 25
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SECTION 1 - MAP SERIES
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Subject Property
Growth Policy Future Land Use Map
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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. These contingencies will only apply in the event the City Commission
determines that approval of the application is warranted.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “2018 Kagy Crossroads Zone Map
Amendment.”
2. That the applicant must submit a zone amendment map, titled “2018 Kagy Crossroads
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
denial of the application as submitted.
The Development Review Committee (DRC) considered the amendment on May 2, 2018.
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 May 15,
2018 and voted 2:2 on a motion to forward a recommendation to deny the application to the
City Commission. The hearing was held at 121 N. Rouse Avenue, Bozeman and began at 6
p.m.
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The City Commission will hold a public hearing on the zone map amendment on June 4,
2018. The hearing will be held 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 approval under chapter 38 of the Bozeman Municipal Code,
the advisory boards and City Commission must consider the following criteria (letters A-K).
As a zone map 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 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.
No. While the amendment promotes some of the objectives set out in the growth policy, it
conflicts with others. On balance, removing the property from the larger B-2 area and
rezoning it to B-2M is not in accord with the growth policy, because it may encourage
residential development at the expense of commercial uses in an area designated for
commercial development.
The future land use map in the Bozeman Community Plan (the City’s growth policy)
designates the subject properties as Community Commercial Mixed Use. According to the
growth policy, establishments located within this designation 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.
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 surrounding them. These are
intended to service the larger community as well as adjacent neighborhoods and are typically
distributed on a one mile radius. In this case the area is an approximately 125 acre
commercial zone.
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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.
The area needed for larger commercial developments is considerable. For example, the South
University District located south and west of the intersection of Kagy and 11th Avenue
consists of 126 acres, the Gallatin Valley Mall site totals 37 acres, and the Montana State
Technology Park is 78 acres. These are single function sites. Collocating multiple
commercial activities to benefit from market efficiencies and market capture requires
additional land to accommodate these uses.
Historically, the residential development pattern of Bozeman has progressed in a
northwestern fashion. The City’s Capital Improvement Plan (CIP) allocates resources to
continually improve City services. These improvements will likely allow more residential
development to the southwest. Residents on the south side of Huffine Lane/Main Street
currently have few large scale commercial resources available.
If future commercial development in this designated large scale commercial node is
compromised in favor of residential development, it will have long reaching consequences
for the community.
First, it may increase vehicular trips and length of trips on existing roadways, and with
limited viable alternative transportation options greater dependency on vehicular travel will
result. The Bozeman Community Plan clearly states social, environmental, and health
considerations are an integral part of our well planned City. Section 3.15 of the BCP states,
“The health and well-being of Bozeman’s residents are impacted by how the community is
planned and built. Development patterns affect dependency on motor vehicles. Communities
that provide options for living close to work and services, as well as the choice to walk or
bike as part of normal daily life can facilitate mental and physical health. Health issues
associated with development patterns include:
Air pollution
Obesity
Cardiovascular disease
Diabetes
Stress
Blood pressure
The City of Bozeman is committed to creating a safe, well designed community that
promotes the health of its residents.” This commercial node is the only large commercial
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area on the entire southwest area of the community. Presently, residents on the south
primarily travel up 19th Avenue to access commercial services. 19th Avenue is built to its
maximum size and diversion of traffic to other more local service areas lowers total miles
travelled, lessens air pollution, supports walkable community character, and avoids
congestion in the streets.
Although the B-2M is a commercial district and multi-household residential uses are a
secondary use, there are critical differences compared to the B-2 district that are much more
permissive to the establishment of residential development as a primary use. These include
reduced parking requirement for residential use, and no requirement for a Conditional Use
Permit to establish a residential use on the ground floor (only design considerations to make
conversion more possible). These differences make it more likely for residential development
to occur in areas zoned B-2M than those zoned B-2. Because of this, the proposed zoning
map amendment may encourage residential development in an area intended for large
commercial development.
In addition, and perhaps most importantly, any residential units proposed on the subject
property will require parkland dedication, which would add to the loss of available property
for commercial development needed to serve residents in the larger area. The area is planned
for commercial uses which do not require parkland dedication. Conversion to residential uses
removes land from commercial uses needed to serve residents in the larger area.
Finally, this B-2 district already includes residential development, making it more crucial to
encourage commercial development. According to the growth policy, “mixed use areas
should be developed in an integrated, pedestrian friendly manner and should not be overly
dominated by any single land use.”
Growth policy objectives.
The proposed zone map amendment advances the following 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.
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.
Objective LU-4.6: All mixed use areas should be developed on a grid of connectivity,
including streets, alleys, driveways, and parking areas that contain multimodal facilities
and a high level of connectivity to adjacent development. Shared use, underground, or
other structured parking is recommended to reduce surface parking area.
Objective ED-1.3: Foster a positive economic climate through a well-managed and
aesthetically pleasing built environment, and by maintaining a beautiful and healthy
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natural environment to promote and attract businesses with a desirable impact on the
community.
In addition to the discussion above, the proposed zone map amendment also impedes the
following objectives of the growth policy:
Goal LU-2: Designate centers for commercial development rather than corridors to
encourage cohesive neighborhood development in conjunction with non-motorized
transportation options.
Objective LU-2.2: Provide for a limited number of carefully sited regional service centers
which are appropriately sized and serviced by adequate infrastructure.
Objective LU-4.6: All mixed use areas should be developed on a grid of connectivity,
including streets, alleys, driveways, and parking areas that contain multimodal facilities
and a high level of connectivity to adjacent development. Shared use, underground, or
other structured parking is recommended to reduce surface parking area.
Objective ED-2.5: Participate in the growing regional economy in a manner that
minimizes conflict between jurisdictions and that maximizes natural market strengths.
Due to the unique characteristics of the B-2M district, the following objectives may or may
not be implemented by the zone change. If the property develops primarily residentially, then
these would not be supported.
Objective LU-4.3: Encourage the creation of well-defined residential neighborhoods.
Each neighborhood should have a clear focal point, such as a park, school, other open
space or community facility, and shall be designed to promote pedestrian convenience.
To this end, the City shall encourage the use of historic Bozeman neighborhoods,
including a significantly interconnected street system, as models for the planning and
design of new residential neighborhoods.
Objective ED-1.3: Foster a positive economic climate through a well-managed and
aesthetically pleasing built environment, and by maintaining a beautiful and healthy
natural environment to promote and attract businesses with a desirable impact on the
community.
Objective E-3.1: Reduce greenhouse gas emissions produced by City operations and the
community.
Objective R-1.6: Ensure that parkland’s size, location, suitability, and development
promote usability.
While the proposed amendment furthers certain aspects of the growth policy, when
evaluating whether the proposal substantially complies with the growth policy, the proposal
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does not substantially comply. As discussed above, the proposed zoning map amendment
may encourage residential development in an area intended primarily for large commercial
development. While past decisions have allowed residential development in nearby B-2
zoned areas, allowing B-2M which may encourage residential development more than B-2
will undermine the ability of this area of Bozeman to fulfill the growth policy objective of a
large scale commercial node. As such, in balance, the proposed map amendment does not
substantially comply with the growth policy.
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 B-2 to B-2M is not likely to adversely
impact safety from fire and other dangers.
C. Promote public health, public safety, and general welfare.
No. As discussed under criterion A above, the proposed amendment may encourage
development in a way that is not in accordance with the Bozeman Community Plan with
potentially negative environmental effects. That said, future site development will be
required to be in compliance with the Unified Development Code which will help assure
general health and safety of the community. The proposed amendment will not put undue
burden on municipal services, emergency response capability, or similar existing
requirements. See discussion regarding parks in Criterion D. Because of the general welfare
concerns, this zoning criterion is not met.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Neutral. 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 required right-of-way dedication
for Kagy Boulevard (Principal Arterial) and any necessary internal site improvements to
serve development. 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 for
utilities.
The change from B-2 to B2M facilitates development of the site for residential purposes.
Provision of park dedication or its equivalent is a requirement for residential development.
The site was originally developed as a commercial subdivision and provided no park
dedication. There is one small park, approximately a quarter of an acre in size, in an
easement on an adjacent lot. The next closest park is almost half a mile away and has no
developed facilities at this time. This area has no obligation to participate in maintenance of
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either park but would likely create service demand at that park. Although it is possible to
meet technical compliance for park mitigation through payment of money this would not
address actual demand for service at the site. Development of this site as B-2 or as B-2M
must address this issue.
E. Reasonable provision of adequate light and air.
Neutral. Although the B-2M is an implementing district for the underlying land use
classification, the intended function of the regional commercial node, with only two parcels
of limited size, depending on the end use and site design, may not support the desired
outcome of the Community Plan.
If the property is developed primarily as a residential development the combination of use,
parkland, residential open spas ace would impact the viability of adjacent commercial
properties at the expected intensities.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The Bozeman Area Transportation Plan (2017) classifies the adjacent and nearby
roadways currently surrounding the subject property as Principal Arterials (South 19th
Avenue and Kagy Boulevard). The property is bounded by S 22nd Avenue on the west and
Remington Way to the north, both are local streets. The proposed B-2M zoning designation
should not create a significant increase in traffic, over what has been anticipated.
Additionally, a shared use path is expected on Kagy Boulevard and a gravel path on the
western edge of the property near the wetlands associated with the watercourse. These
infrastructure needs will be required with further subdivision and/or site plan review.
There are very different parking standards between the B-2 and B-2M districts with B-2M
having the less rigorous standard. The B-2M district requires half or less of the parking
required in B-2. The placement of the isolated two lots of B-2M in the center of an existing
largely developed B-2 area creates the possibility of spillover parking onto adjacent
properties. This increases the likelihood of conflict between adjacent landowners. A more
holistic overview of parking and parking demand may create an opportunity to mitigate such
an effect. However, such an approach is not presently included with the application or any
pending development proposal.
G. Promotion of compatible urban growth.
Neutral. These are two vacant parcels within a larger commercial node. The properties are
on the current edge of the municipal boundaries of the City with unannexed land directly to
the south. The City takes a long term view for orderly development of the City to provide
necessary services to residence. Decisions made today will impact development in the area
for many years by establishing the transportation network, building character, service
locations, and other considerations. Because state law prohibits conditional approval of zone
map amendments, in this case the permissive nature of the B-2M zone undermines the long
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term intent and need for large commercial zones layout, constructed, and designed to support
such uses. See discussion under Criterion A as well.
Substantial area in the immediate vicinity are classified as residential according to the future
land use map. In addition, there are vacant residential zoned lands adjacent to the subject
properties.
H. Character of the district.
No. The authorized uses in the proposed B-2M district generally match those in the B-2
district. The intent of the B-2M 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 multifamily residential uses as a secondary use.
The B-2 district provides for a broad range of mutually supportive retail and service
functions located in clustered areas bordered on one or more sides by limited access arterial
streets. The conversion from B-2 to B-2M is not in character based on the scale differences
between the two districts and the site location to two Principal Arterial streets. The intended
scale of this district is a Large Community Commercial Mixed Use area of significant size to
accommodate activity centers for an area of several square miles surrounding them. The area
is intended to serve the larger community as well as adjacent neighborhoods and are
distributed on a one mile radius. In this case the area is an approximately 125 acre
commercial zone.
I. Peculiar suitability for particular uses.
Yes. Authorized uses in the B-2 (existing) and B-2M (proposed) district are very similar. The
primary difference is that residential uses are permitted without an approved Conditional Use
Permit. The difference in development standards other than use distinguish the two districts.
J. Conserving the value of buildings.
Yes. All future site development that complies with the requirements outlined in the
UDC and, if necessary, future PUD Design Guidelines or Conditional Use Permit
requirements 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 for the B-2 and B-2M districts are different due to the scale of
development anticipated; however, allowed uses are similar. 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.
No. The proposed zone map amendment may allow the subject property to be developed in a
manner inconsistent with surrounding development patterns and the overall purpose of the
growth policy. As noted above the anticipated scale and configuration allowed by the two
districts are different with the B-2 generally anticipating a larger scale in this setting and B-
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2M creating a more intimate smaller scale neighborhood intent. The growth policy
encourages the development on underutilized parcels and the proposed amendment would
provide for that on the undeveloped parcels, but the anticipated larger scale of commercial
development in this area could be hindered.
Spot Zoning Criteria
The Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade
County and Little v. Bd. Of County Comm’rs determined that, in addition to the criteria in 76-
2-304, Mont. Code Ann., zone map amendments must demonstrate that a proposed
amendment would not result in “spot zoning,” requiring the following questions to be
addressed:
a) Are the requested zoning designation(s) amendments (text or map), and potential uses
significantly different from the prevailing uses in the area?
Response: No, the uses allowed by the proposed amendment and prevailing uses are not
significantly different. However, there are differences between B2 and B2M that have
significant implications for compliance with the growth policy,
b) Does the requested zoning designation(s) amendment benefit a small area and only one or
a few landowners, or does the requested zoning designation(s) benefit the surrounding neighborhood, community and the general public?
Response: Yes. The subject properties consist of 5.07 acres within a 125± acre large
scale commercial node. The property is owned by one individual. While the proposed
amendment may benefit the property owner/applicant with increased flexibility in
development, the proposal negatively affects the overall community with the potential to decrease the amount of commercially developable land in compliance with the growth
policy’s purposes for large scale commercial node.
c) Is the requested zoning designation(s), text or map, compatible with the zoning district’s
Plan, or is it special legislation designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public?
Response: It appears the proposed zone map amendment will benefit only a few
individuals and, as discussed above, will compromise the long term viability of the
designated large scale commercial node in relation to the growth policy’s purpose.
The Applicant’s response to these criteria are in a letter dated April 12, 2018 and are attached
to this report.
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PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the
owner(s) of real property within the area affected by the proposal or by owner(s) of
real property that lie within 150 feet of an area affected by the proposal. The protest
must be in writing and must be signed by all owners of the real property. In addition,
a sufficient protest must: (i) contain a description of the action protested sufficient to
identify the action against which the protest is lodged; and (ii) contain a statement of
the protestor's qualifications (including listing all owners of the property and the
physical address and legal description of the property), to protest the action against
which the protest is lodged, including ownership of property affected by the action.
Signers are encouraged to print their names after their signatures. A person may in
writing withdraw a previously filed protest at any time prior to final action by the
City Commission. Protests must be delivered to the Bozeman City Clerk, 121
North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The proposed zone map amendment would rezone two existing lots and corresponding
portions of street right-of-way totaling approximately 5.07 acres from B-2 (Community
Business) to B-2M (Community Business-Mixed). The subject properties are currently
undeveloped and bounded by B-2 zoned land to the east and west, R-3 zoned land to the
north, and b-2 and un-annexed lands on the south across Kagy Boulevard.
The properties were annexed December 21, 1997 via Resolution 3218 and zoned B-2. The
property containing the Crowley Fleck building was annexed in 2008 and zoned B-2.
The area is designated regional consisting of approximately 125 acre commercial zone.
Kagy and 19th are designated Principal Arterials according to the 2017 Bozeman
Transportation Master Plan.
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Current land use, as shown in the map series in section 1 above, is a mix of commercial,
residential, fallow, and small grain agricultural land.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on Monday, May 7, 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 Monday, May 7, 2018. Notice was published in the Legal Ads
section of the Bozeman Daily Chronicle on May 13, 2018 and May 20, 2018.
No public comment has been received on this application as of the production of this report.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
The Future Land Use Map of the Bozeman Community Plan designates the subject property
to develop as “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 0.5 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 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 to 15 acre
size range and are intended to provide primarily local service to an area of approximately one-
546
18-132, Staff Report for the Kagy Crossroads Zone Map Amendment Page 19 of 25
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.
547
18-132, Staff Report for the Kagy Crossroads Zone Map Amendment Page 20 of 25
Table C-16 Zoning Correlation with Land Use Categories (draft)
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2M (Community Business mixed). The intent of the
B-2M District 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
multifamily residential uses as a secondary use.”
548
18-132, Staff Report for the Kagy Crossroads Zone Map Amendment Page 21 of 25
Table 38.310.040.A establishes commercial uses in these districts
549
18-132, Staff Report for the Kagy Crossroads Zone Map Amendment Page 22 of 25
Table 38.310.040.B establishes general service & temporary lodging use in these
districts sales and commercial uses
550
18-132, Staff Report for the Kagy Crossroads Zone Map Amendment Page 23 of 25
551
18-132, Staff Report for the Kagy Crossroads Zone Map Amendment Page 24 of 25
Table 38.310.040.C establishes residential use in these districts sales and commercial uses
552
18-132, Staff Report for the Kagy Crossroads Zone Map Amendment Page 25 of 25
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owners: D&S Amelia Properties, Inc., 4300 S Fletcher Ave., Amelia Island, FL 32034
Applicant: Annex of Bozeman, 409 Massachusetts Ave., Suite 300, Indianapolis, IN 46204
Representative: Intrinsic Architecture, Inc., 111 North Tracy Avenue, Bozeman, MT 59771
Report By: Tom Rogers, Senior 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:
Kagy Crossroads development review and zone map amendment applications, including
adjoining property owners list and project summary, and spot zoning criteria response letter.
553
554
555
556
557
Page 1 of 2
Adjoining Property Owners:
KAGY CROSSROADS SUB, S14, T02 S, R05 E, BLOCK 1, Lot 1 & 6, ACRES 2.5, PLAT J-328-A
Bozeman, MT
EVANGELICAL CHURCH OF BOZEMAN
1701 S 19TH AVE
BOZEMAN, MT 59718-5439
S14, T02 S, R05 E, C.O.S. 1328A, PARCEL A,
LESS HWRW NOT CONTIGUOUS
KAGY CROSSROADS LLC
PO BOX 10504
BOZEMAN, MT 59719-0504
KAGY CROSSROADS SUB, S14, T02 S, R05 E,
BLOCK 3, Lot 1, ACRES 2.788, PLAT J-328-A
NOT CONTIGUOUS
PAULSON ENTERPRISES LLC
605 PARK PL.
BOZEMAN, MT 59715-7155
KAGY CROSSROADS SUB, S14, T02 S, R05 E,
BLOCK 1, Lot 3, ACRES 1.1, PLAT J-328-A
CONTIGUOUS
STOCKMAN BANK OF MONTANA
PO BOX 250
MILES CITY, MT 59301-0250
KAGY CROSSROADS SUB, S14, T02 S, R05 E,
BLOCK 1, Lot 4 - 5, ACRES 2.242, PLAT J-328-A
LESS HWY RIGHT OF WAY CONTIGUOUS
19TH CAPITAL GROUP LLC
19 LARIAT LOOP
BOZEMAN, MT 59715-9200
S14, T02 S, R05 E, TRACT 1A 3.021AC COS
2008A LESS HWRW 19TH CAPITAL GROUP
ANNEXATION TO BZN NOT CONTIGUOUS
AAKER RALPH K. & STEVEN R.
1461 MONROE PL.
LOUISVILLE, CO 80027-1560
MINOR SUB 191, S14, T02 S, R05 E, Lot 2A,
ACRES 97.388 NOT CONTIGUOUS
SPANISH PEAK APARTMENTS LLC
3424 E US HIGHWAY 12
HELENA, MT 59601-9708
KAGY CROSSROADS SUB, S14, T02 S, R05 E,
BLOCK 2, Lot 3, ACRES 1.868, PLAT J-328-A NOT
CONTIGUOUS
KAGY VILLAGE CONDO PH 1 MASTER
(SEE OWNERS BELOW)
KAGY VILLAGE CONDO, S14, T02 S, R05 E, KAGY
CROSSROADS SUB LOTS 1 & 2 BLK 2 PLAT J-328
PLUS OPEN SPACE
NOT CONTIGUOUS
SS INVESTMENTS LLC
PO BOX 5005
BOZEMAN, MT 59717-5005
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
BUILDING A, UNIT A1
MONTANA MOVEMENT ARTS CENTER LLC
PO BOX 786
BOZEMAN, MT 59771-0786
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
BUILDING A, UNIT A2-1
DJ WOODY PROPERTIES LLC
PO BOX 10842
BOZEMAN, MT 59719-0842
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
BUILDING A, UNIT A2-2 & A3
SHADETREE MT LLC
88 SADDLE CREEK RD
BOZEMAN, MT 59715-8101
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
BUILDING B, UNIT B1, B2, & B3
WENDELL DANIEL E & EVA M.
2251 W KAGY BLVD STE C1
BOZEMAN, MT 59718-5939
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
BUILDING C, UNIT C1
PREGNANCY CARING CENTER OF GALLATIN
VALLEY - ZOECARE
2251 W KAGY BLVD UNIT C2
BOZEMAN, MT 59718-5939
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
BUILDING C, UNIT C2
400 MARION INC
PO BOX 206
BOZEMAN, MT 59771-0206
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
UNIT D1
KROPP KAREN L REV LIV TR AGR DTD 12/6/1
KROPP KAREN L TRUSTEE
134 E TOBIANO TRL
BELGRADE, MT 59714-9736
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
UNIT F1 & F2
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Page 2 of 2
OUT OF THE BLUE CONDO
(SEE OWNERS BELOW)
OUT OF THE BLUE CONDO, S14, T02 S, R05 E,
KAGY CROSSROADS SUB LOT 2 BLK 1 PLAT J328
PLUS OPEN SPACE CONTIGUOUS
BACK 9, LLC
1745 S 19TH AVE STE 2
BOZEMAN, MT 59718-5428
OUT OF THE BLUE CONDO, S14, T02 S, R05
E, UNIT A1 & UNIT A2 CONTIGUOUS
3S PROVIDENCE, LLC
3138 MADRONA LN
BOZEMAN, MT 59715-0705
OUT OF THE BLUE CONDO, S14, T02 S, R05
E, UNIT B1 & UNIT B2 CONTIGUOUS
G:\c&h\18\180231\City Adjoiners - Annex Group.doc
559
REVISED: April 2018
K C ZMA Zone Map Amendment (ZMA) Application
560
K C ZMA
Table of Contents:
Forms (RC, original A1, original ZMA, original N1)
RC Narrative
Original ZMA Narrative
Appendices:
Appendix A: Legal description of ZMA project Area
Appendix B: Response Letter to City Feedback RE: Spot Zoning
Exhibits:
Exhibit A: Growth Policy Future Land Use Designation Map
Exhibit B: Existing Zoning Map
Exhibit C: Proposed Zoning Map
Exhibit D: Site Survey
Exhibit E: Zone Map Amendment Exhibit
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K C ZMA
RC Narrative
The revisions and corrections applied to this ZMA Application (originally sub-
mitted on March 21, 2018) are as follows:
1. Inserted a Table of Contents
This was added for increased clarity and organization. All items listed
were in the original application except for Appendix B.
2. Added Appendix B: Response Letter to City Feedback RE: Spot Zoning
This letter was prepared in response to a letter received from the City of
Bozeman dated April 6, 2018. It is our hope that Staff will concur with our
responses and interpretation that the proposed project, as originally sub-
mitted, does not constitute spot zoning. In any case, we request that Staff
find the application, with this additional information, acceptable to contin-
ue the review process.
562
K C ZMA
Narrative
The subject property is located within a defined Commercial Node per the
Growth Policy. The Community Plan underlying Future Land Use designation
for the parcel and adjacent parcels is Community Commercial Mixed Use
(CCMU). The Commercial Node is located directly northwest of a large node
of Residential Emphasis Mixed Use and directly west-southwest of a
Residential Use (Exhibit A).
The property is comprised of two (2) parcels, Lots 1 and 6 of Block 1 in the
Kagy Crossroads subdivision. Lot 1 consists of 2.5 acres and Lot 2 consists
of 2.57 acres, with the subject site totaling 5.07 acres. The site is generally
located northwest of the intersection of South 19th Avenue and Kagy
Boulevard (Exhibit B). This Zone Map Amendment (ZMA) application
proposes to amend the current zoning designation of B-2 (Neighborhood
Commercial) to B-2M (Community Business Mixed) zoning (Exhibit C).
Given its location and future land use designation, the site is located in a
practical site for a zone change. The subject parcel is in the northern most
area of the CCMU Node, which is an ideal location to compliment both the
adjacent residential and commercial uses. The intent of B-2M is to provide
for a range of commercial uses to serve both the immediate area and, more
broadly, the City as a whole, while encouraging multifamily residential. The
applicant seeks to amend the zoning to the more current designation of B-2M
to allow for flexibility and adaptability to market needs while being consistent
with future land uses and growth plans. This zone amendment will contribute
to long term improvements of the area as it moves towards its designation as
a dynamic and active community commercial area.
The site is adjacent to a project (zoned B-2) that was granted a conditional
use permit to offer high density residential on the ground floor. The project,
Spanish Peaks Apartments (formerly Remington Apartments #15-433),
consists of two multi-story (3) apartment buildings with convertible ground
floor units, providing the option for mixed-use in the future. This zone map
amendment will increase flexibility while accommodating substantial growth
and enhancing the character of this Commercial Node. This amendment will
allow for denser, multifamily residential uses along with flexibility to respond
to changes in the market place. This type of higher density is expected in
close proximity to the University and within the Commercial Node. Creative
infill introduced into this Commercial Node will compliment the desired
563
character and growth patterns outlined in the Growth Policy Plan.
The intent of B-2M is to function as a vibrant mixed-use district,
accommodating growth and enhancing the character of the city. The area’s
proximity to major transportation corridors, the University, and
neighborhoods; make it an ideal candidate for this change. An amendment to
B-2M zoning in this area will foster a community commercial area consistent
with the desired development pattern of the CCMU area. Serving the
neighborhoods within approximately a half-mile radius, this area will be well
suited to provide a distinct focal area and a visible identity.
Approval of this ZMA application will align the subject property with the
growth policy by allowing flexibility and encouraging a diverse range of uses.
When considering this area’s importance in the future growth of Bozeman,
this ZMA is a logical amendment for the subject property.
K C ZMA
564
A. In accordance with a Growth Policy
Yes. A zone amendment to B-2M will be in compliance with the growth policy.
The future land use designation for this area is Community Commercial
Mixed Use (CCMU) and the property is within a defined Commercial Node.
Furthermore, the growth policy calls for a “center based” land use pattern. In
the CCMU “on one or two quadrants of intersections of arterials and/or
collectors” (p. 3-13) in specific designated areas around town. Denser
residential and commercial projects in this area, in addition to continued
development of the larger neighborhood, will stimulate further development of
the Kagy and 19th intersection. In order to foster a neighborhood commercial
center, residential density is necessary to support businesses. The B-2M
zoning is a more progressive designation and allows for flexible and creative
solutions that address both current market demands and long term land use
goals on the subject property. Page 3-16 of the comprehensive plan states:
“The construction of buildings and conducting of commercial and residential
activities is done by the private sector. Their willingness to invest money and
personal commitment into the community has a huge influence on the
community’s ability to realize its goals.”
B. Secure safety from fire and other dangers
Neutral. The subject property is located in an area that is within the
jurisdiction of the City of Bozeman Fire and Police Departments and within
the service area of American Medical Response ambulances. Additionally,
the subject site is located less than one mile from Bozeman Fire Station No 2
and the Law and Justice Center. Site and building development will be in
compliance with the UDC and all applicable building codes to help secure
safety from fire and other dangers. B-2M zoning will have no new affect on
these types of services.
C. Promote public health, public safety, and general welfare
Yes. This area, due to its proximity to major thoroughfares (Kagy Blvd & 19th
Ave), Montana State University, grocery stores, restaurants, and downtown;
encompasses multiple elements conducive to a walkable neighborhood. A B-
2M designation will encourage pedestrian use by placing customers closer to
businesses, transportation corridors, and institutions and vice-versa. This
change will promote a more cohesive neighborhood pattern through the
K C ZMA
Responses to Zoning Provision Criteria
565
updating of services and a consistent sidewalk pattern.
Provisions of the UDC as well as applicable building codes will ensure public
health, safety and general welfare on a project by project basis.
D. Facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements
Yes. The proposed ZMA will allow for increased connectivity in an area of
newer development. The site is located between a commercial corner with
Stockman Bank and mixed offices to the east and mixed commercial and
residential uses (Spanish Peaks apartments) to the west. This change may
facilitate the update of any outdated services currently in use at the subject
area and encourage more consistent sidewalk patterns and connectivity for
multiple users. Future site development proposals on the subject property will
be required to demonstrate the adequate provision of public services that will
be necessary to offset any particular impacts that may be identified with
review and application of the UDC and engineering standards.
E. Reasonable provision of adequate light and air
Neutral. Future development in compliance with the UDC as well as
applicable building codes will assure the provision of adequate light and air.
F. The effect on motorized and non-motorized transportation
systems
Yes. The proposed ZMA encourages an increase in multi-modal
transportation opportunities through its proximity to major transportation
corridors. Future development offers the ability to modernize and streamline
pedestrian connections and bicycle routes, especially in close proximity to
the Montana State campus. The area is bounded to the south by Kagy
Boulevard, a principal arterial and is one block west of 19th Avenue, another
principal arterial. The property is bound to the east, north and west by local
streets.
Although the proposed zone change brings the potential of increased traffic,
proximity to these major thoroughfares, continued road improvements and
establishing the area as a walkable neighborhood commercial center would
offset negative traffic impacts. All future development will be in compliance
K C ZMA
Responses to Zoning Provision Criteria Continued
566
with the UDC as well as applicable engineering standards and will require a
traffic impact study and review of transportation capacity.
G. Promotion of Compatible Urban Growth
Yes. Integrated, pedestrian friendly development in mixed use areas is
imperative to its success. Increased density of quality mixed-used
development in this area means it may meet an important and immediate
demand for residential units in Bozeman while allowing the establishment of
commercial uses as required within B-2M zoning. Bringing higher intensity
uses to this node is a progressive way to plan for current needs with an eye
towards long term growth. The community plan reinforces this concept and
states that a concentration of persons and activities is fundamental to urban
services. (Chapter 3, Bozeman Community Plan)
H. Promotion of the character of the district
Yes. The character of the subject site and its associated district is
developing in a positive way. The intersection of Kagy Boulevard and 19th
Avenue is rapidly becoming a vital node of the city. This location has seen
positive commercial development in recent years including office space,
banking, the food studio, a salon and higher density residential. Amending
the subject site to B-2M will foster progressive development of this area into
a neighborhood commercial center supported by the Kagy & 19th node and is
consistent with the desired pattern and character of the district. Future site
development in this area that complies with the standards of the UDC will
continue to add to the character of the district while supporting long term
needs.
I. Peculiar suitability for particular uses
Yes. The proposed zone change does not represent a significant change and
is consistent with adjacent zoning, current uses in the area and the Bozeman
Community Plan for future land uses. Multiple commercial and residential
uses currently exist adjacent to the subject area.
J. Conserving the value of buildings
Yes. B-2M zoning will allow for improved development on the subject site,
K C ZMA
Responses to Zoning Provision Criteria Continued
567
increasing its property value. In addition, adjacent properties will benefit from
increased visibility and visits associated with new, mixed commercial
services resulting from increased density. All future site development will
comply with the requirements outlined in the UDC. This will ensure
consistency with the existing and planned adjacent development types, and
in turn, aid in the conservation and increase in property values.
K. Encourage the most appropriate use of land throughout the
jurisdictional area
Yes. This zoning change is consistent with the future land use outlined in the
Bozeman Community Plan which designates the adjacent area as community
mixed use and a commercial node. In addition, increased mixed use density
is appropriate at this location due to the proximity to major arterial streets,
public transportation, the university, and downtown based on the “center-
based” land use pattern.
K C ZMA
Responses to Zoning Provision Criteria Continued
568
APPENDIX A
569
APPENDIX B
570
571
572
no scale Exhibit C Proposed Zoning Map Kagy Crossroads Zone Map Amendment 573
no scale Exhibit A Growth Policy Future Land Use Designation Kagy Crossroads Zone Map Amendment 574