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HomeMy WebLinkAbout18-323 16th and Olive Apartments ZMA Staff Report_9.10.18 - FINALPage 1 of 21 18-323 Staff Report for the 16th and Olive Zone Map Amendment Public Hearing Date: Zoning Commission public hearing is on September 18, 2018 City Commission public hearing is on October 8, 2018 Project Description: 16th and Olive zone map amendment requesting amendment of the City Zoning Map for two existing lots consisting of approximately 0.59 acres / 25,901 square feet from R-3 Residential Medium Density to R-5 Residential Mixed-Use High Density. Project Location: The properties are generally located southwest of the intersection of West Olive Street and South 16th Avenue, addressed as 215 South 16th Avenue and 1608 West Olive Street, Bozeman, MT 59715. The properties are legally described as Block 1, Lots 1A and 2A, Plat J-30-D, of the Richards Subdivision located in Section 12, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, 59715. Recommendation: Approval Recommended Zoning 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 18-323 and move to approve the 16th and Olive zone map amendment, with contingencies required to complete the application processing. Report Date: September 10, 2018 Staff Contact: Danielle Garber; Assistant Planner Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues None identified at this time. Project Summary The applicant, 3G Properties, LLC, requests rezoning of two existing lots totaling 0.59 acres from R-3 Residential Medium Density to R-5 Residential Mixed-Use High Density. The subject properties are currently developed with two buildings each containing four one- bedroom homes with shared parking. The properties are surrounded by townhomes, condominiums, and multi-home buildings zoned R-3. The future land use map in the Bozeman Community Plan designates the property as residential. Staff Report for 18-323 16th and Olive Zone Map Amendment Page 2 of 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. 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 – ADISORY COMMENTS ................................................................................. 6 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 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 15 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 16 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 16 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 16 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 21 FISCAL EFFECTS ................................................................................................................. 21 ATTACHMENTS ................................................................................................................... 21 Staff Report for 18-323 16th and Olive Zone Map Amendment Page 3 of 21 SECTION 1 - MAP SERIES Figure 1 Zoning Vicinity Map Staff Report for 18-323 16th and Olive Zone Map Amendment Page 4 of 21 Figure 2 Community Plan Future Land Use Staff Report for 18-323 16th and Olive Zone Map Amendment Page 5 of 21 Figure 3 Current Land Use Staff Report for 18-323 16th and Olive Zone Map Amendment Page 6 of 21 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 “16th and Olive Zone Map Amendment.” 2. That the applicant must submit a zone amendment map, titled “16th and Olive Zone Map Amendment”. The map must be supplied on: 1) a mylar for City records (either 18" by 24" or 24” by 36” size); 2) a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County Clerk & Recorder; 3) an editable digital copy for the City Engineer’s Office; and 4) a PDF. This map must be acceptable to the City Engineer’s Office, and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent right-of-ways or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 3. 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 – ADVISORY COMMENTS An example of the proposed development of the site was provided with this Zone Map Amendment Application by the property owner. A separate Site Plan Application is required to review and entitle any future development of this site under any zoning designation. The following advisory comments are intended only to inform the applicant of future requirements and critical path concerns if they are able to move forward under a new zoning designation. The City has not conducted a comprehensive review of the proposed development. 1. Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit www.bozeman.net. Staff Report for 18-323 16th and Olive Zone Map Amendment Page 7 of 21 2. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to South 19th Avenue including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to South 15th Avenue including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to West Koch Street including paving, curb/gutter, sidewalk, and storm drainage d. Intersection improvements to South 19th Avenue and West Koch Street e. Intersection improvements to South 19th Avenue and West Olive Street f. Intersection improvements to South 15th Avenue and West Koch Street g. Intersection improvements to South 16th Avenue and West Koch Street The applicant may obtain a copy of the template SID waiver from the City Engineering Department (Griffin Nielsen). The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder prior to the approval of the zone map amendment. 3. Per Section 38.230.160, a Site Plan Application is required for the proposed redevelopment plan. 4. The proposed redevelopment is subject to Level III Improvement Standards per section 38.500.020: a. The entire building must meet applicable façade and building design standards in 38.530, b. Site design conforms to 38.520 provisions (site planning and design elements). 5. The City is aware of a downstream sewer constriction that that will significantly limit the allowable discharge from the property. The downstream sewer will likely need to be upgraded before additional sanitary demand can be approved. Upon future development, the applicant must provide the historic and proposed peak hour sewer demand to the engineering department, the property may be limited to the historic peak-hour demand until an upgrade can be complete. The applicant is encouraged to Staff Report for 18-323 16th and Olive Zone Map Amendment Page 8 of 21 contact the engineering department (Griffin Nielsen) with this estimate prior to submitting a redevelopment application. 6. The applicant will need to aggregate the lots prior to the approval of a site plan application for the proposed redevelopment of the property. 7. The project falls within several Special Improvement Districts (SID) the applicant must contact the City’s Engineering Department (Katherine Maines) to determine if the property has outstanding payments due. Any payments required must be made before approval any development or redevelopment. 8. Utility services may not be placed within ten feet of structures or significant landscaping features (trees) as shown on the redevelopment plans. 9. The water main indicated on the redevelopment plans appears to be incorrect. 10. Upon future development or redevelopment of area the applicant must contact Brian Heaston with the City Engineering Department to obtain a determination of cash-in- lieu (CIL) of water rights per BMC 38.410.130. 11. Upon development or redevelopment a stormwater drainage/treatment grading plan and maintenance plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. The approved stormwater maintenance plan must be incorporated into the Owners Association Documents and submit a copy prior to site plan approval. If the applicants proposes to utilize stormwater infrastructure and capacity that was created with the subdivision, the applicant must submit the supporting sections of the subdivision stormwater report with a site plan application. 12. The arrangement of the angled parking stalls does not present a clear vehicle circulation pattern; as a result, the City will not support the redevelopment layout. SECTION 4 - 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 August 1, 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 September 18, 2018 and will forward a recommendation to the City Commission on the zone map amendment. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. Staff Report for 18-323 16th and Olive Zone Map Amendment Page 9 of 21 The City Commission will hold a public hearing on the zone map amendment on October 8, 2018. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. SECTION 5 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for 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 property as residential (see Appendix C). At the time the growth policy was adopted the R-5 district did not exist, therefore there is not a clear correlation between the future land use designation of residential and the proposed zoning of R-5 Residential Mixed Use High Density. Under the growth policy’s description of the residential future land use category it states “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 subject properties are located roughly 1/3 of a mile (as traveled along City streets) from the intersection of 19th Avenue and Main Street where a variety of commercial uses exist and roughly 3/5 of a mile from the Montana State University Campus. Furthermore, two streamline bus stops are located within roughly ½ of a mile of the subject properties, with bus service providing direct weekday and weekend service to downtown and the MSU campus. As a result, the proposed R-5 zoning amendment is in-line with the intent of the growth policy’s residential land use designation as it would allow for higher density residential development on properties located in a walkable, transit rich, neighborhood, in close proximity to commercial centers and employment opportunities. Staff Report for 18-323 16th and Olive Zone Map Amendment Page 10 of 21 Additionally, the proposed zone map amendment advances multiple objectives of the growth policy: 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.” 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.” Housing Objective 1.3: “Promote the provision of a wide variety of housing types in a range of costs to meet the diverse residential needs of Bozeman residents.” Housing Objective 3.3: “Promote the development of a wide variety of housing types, designs, and costs to meet the wide range of residential needs of Bozeman residents.” Environmental Quality and Critical Lands Objective 4.2: “Promulgate efficient land use practices.” No conflicts with the Growth Policy have been identified. B. Secure safety from fire and other dangers. Yes. The subject property is currently served by City emergency services, including police and fire. The amendment from R-3 to R-5 is not likely to adversely impact safety from fire and other dangers. C. Promote public health, public safety, and general welfare. Yes. Future development of the site will require site plan review and compliance with the City’s Unified Development Code which ensures the promotion of public health, safety and general welfare. The proposed zone map 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. The subject properties are currently served by City water and sewer services in the rights-of-way of West Olive Street and South 16th Avenue. As noted in the advisory comments, the City is aware of a downstream sewer constriction that that will limit the allowable discharge from the properties. The downstream sewer will likely need to be upgraded before additional sanitary demand can be approved. Any sewer system upgrades or restrictions resulting from proposed future development will be addressed as a part of the development review process. Staff Report for 18-323 16th and Olive Zone Map Amendment Page 11 of 21 The properties are accessed from West Olive Street and South 16th Avenue (both local streets) which provide access to South 19th Avenue to the west (principal arterial) and West Koch Street to the south (collector). Both West Olive Street and South 16th Avenue, adjacent to the subject properties, have sidewalks. In the event of future increased residential densities on the subject properties there will be increased demand placed on City services. However, infrastructure needs will be addressed through development review procedures, which ensure this criterion is met. E. Reasonable provision of adequate light and air. Yes. Depending on the pitch of the roof, the R-5 district allows for building heights that are 10 to 12 feet higher than what is allowed in the R-3 district. Minimum setbacks are the same between the R-3 and R-5 districts, with the exception being that front porches and covered entries in the R-5 district may project up to six feet into the front setback. The maximum lot coverage in the R-3 district is 40% whereas there is no maximum lot coverage in the R-5 district. While the R-5 district allows higher lot coverages, building heights, and densities than the R- 3 district, the degree of difference is not so large that the provision of light and air will be significantly impacted. Additionally, any future redevelopment of the properties will be subject to development review procedures, as well as building setback and height requirements in the R-5 district, which will ensure the provision of adequate light and air. F. The effect on motorized and non-motorized transportation systems. Yes. The subject properties sit at the intersection of West Olive Street and South 16th Avenue, both of which are local streets which provide access to South 19th Avenue to the west (principal arterial) and West Koch Street to the south (collector). The properties are currently developed with two apartment buildings each containing four one-bedroom apartments with shared parking. While higher residential density on the properties, as allowed in the R-5 district, would result in an increase in vehicle trips, the increase would be would be small and have a negligible impact on the overall motorized transportation system. In terms of non-motorized transportation, high density mixed-use residential development, as permitted under the R-5 designation, will likely result in increased bike and pedestrian trips to the property, especially if there are elements of commercial and/or office development, which there is potential for in this case of an R-5 zoning designation. Both West Olive Street and South 16th Avenue, adjacent to the subject properties, have sidewalks and connect with sidewalks on South 19th Avenue to the west and West Koch Street to the south. While West Olive Street and South 16th Avenue do not have bicycle facilities, they are both low speed, low volume local streets conducive to safe bicycle travel. Furthermore, West Olive Street connects with South 19th Avenue which has bike lanes and South 16th Avenue connects with West Koch street which is a designated bike route with sharrows. Staff Report for 18-323 16th and Olive Zone Map Amendment Page 12 of 21 As a result of the above factors, the proposed zone map amendment is not anticipated to have a negative effect on the motorized or non-motorized transportation systems. G. Promotion of compatible urban growth. Yes. Bozeman’s Unified Development Code, 38.700.404, defines compatible development as “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city’s adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible land use is as “A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” The growth policy supports providing a variety of housing options in close proximity to services, employments opportunities, and transportation options. The proposed R-3 to R-5 amendment will enable higher residential densities in a centrally located area of the City with close access to commercial areas, employment centers, and a variety of transportation options. The property is surrounded by townhomes, condominiums, and apartments with nearby commercial uses on Main Street. While the R-5 designation would allow for increased residential density, and greater intensity of development on the site, the allowed uses and density would be similar to adjacent properties and would thus be compatible with existing development in the area. H. Character of the district. Yes. The proposed amendment to R-5 would allow for higher residential densities as well as offices (as special uses); medical offices, clinics, and centers (conditionally); restaurants; and retail. As the immediately surrounding area is primarily residential, the addition of offices, restaurants, and/or retail could be perceived as changing the character of the district. However, the Bozeman Unified Development Code requires that all these uses be secondary to residential in the R-5 district. Furthermore, in the R-5 district restaurants and retail uses are limited to 2,500 square feet and only allowed on street corner sites within a mixed-use building with residential units. Therefore, these uses would be a limited portion of the overall potential development on the properties in question. Staff Report for 18-323 16th and Olive Zone Map Amendment Page 13 of 21 Given that adjacent properties are developed with townhomes, condominiums, and apartments the increased residential densities allowed in the R-5 district would not be out of character with development in the district. The exact development plans for the subject properties are not 100% certain at this time, however, the applicant has stated the intent to redevelop the site with higher density apartments, compared to what exists on the property currently. The applicant has not stated an intent to include commercial uses or offices as part of the redevelopment. Nevertheless, the proposed R-5 zone map amendment would allow increased residential densities and the potential for non-residential uses in the district. However, Bozeman’s Unified Development Code contains provisions to ensure these changes do not significantly alter the existing character of the district. The City Commission has through the adoption of Article 3, Chapter 38 established the characteristics and distinctions between residential zoning districts. As part of that article the Commission considered the relationship between the districts which included the following section: Sec. 38.300.100. - Residential zoning districts—Intent and purpose. The intent and purpose of the residential zoning districts is to establish areas within the city that are primarily residential in character and to set forth certain minimum standards for development within those areas. The residential districts also allow complementary non- residential uses. The purpose in having more than one residential district is to provide opportunities for a variety of housing types and arrangements within the community while providing a basic level of predictability. There is a presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. The presumption of compatibility may be overcome by a showing of specific evidence through the development review process that proves a development to be non-compliant with applicable standards. The required compliance with the standards of Chapter 38 is provided through the building permit for smaller projects and site plan review process and criteria for larger projects. I. Peculiar suitability for particular uses. Yes. The properties are located in area developed with townhomes, condominiums, and apartments with nearby commercial uses on Main Street. In general, the R-5 district allows for greater residential densities and uses compared to the R-3 district and adjacent development. The R-5 district permits apartments; townhouses with more than five attached units; offices (as special uses); medical offices, clinics, and centers (conditionally); restaurants; and retail, all of which are not permitted in the R-3 district – see Appendix C for a list of authorized uses in the R-3 and R-5 districts. However, all non-residential uses in the R-5 district are to be secondary to residences. As a result, the allowed uses in the R-5 district are suitable for this site as the area would remain primarily residential. Staff Report for 18-323 16th and Olive Zone Map Amendment Page 14 of 21 J. Conserving the value of buildings. Yes. While the R-5 designation would allow for high density mixed-use residential development, the Bozeman Unified Development Code ensures that development will be primarily residential with limited commercial. The potential change in development pattern resulting from the R-5 designation is not likely to be so drastic as to significantly disrupt the overall look and feel of the area. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building values as the development pattern will be similar to what exists today. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The proposed R-5 zone map amendment will encourage the most appropriate use of land as the growth policy designates the property as “Residential,” which the proposed R-5 designation will implement. The City is in need of additional housing to accommodate current and projected demand. To meet this demand a variety of housing options in close proximity to services, employment centers, and transportation options are needed. This zone map amendment will help address this need by allowing for higher residential densities in a central area of the City surrounded by townhomes, condominiums, and apartments. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by 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, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. The subject properties are surrounded by townhomes, condominiums, and apartments. The higher residential densities allowed in the R-5 district would be similar to adjacent development patterns noted above. While the proposed R-5 zoning designation would permit limited commercial uses, they would be required to be in conjunction with, and secondary to, residential uses. As a result the proposed R-5 zoning designation would not result in primary uses of the site which are significantly different from prevailing land uses in the area 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. The proposed R-5 zoning designation is being requested by one landowner and would apply to two lots totaling 0.59 acres. The proposed R-5 zoning designation is not anticipated to directly benefit surrounding landowners. Staff Report for 18-323 16th and Olive Zone Map Amendment Page 15 of 21 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While the number of landowners who will directly benefit from the proposed zone map amendment is small, the proposed amendment is not at the expense of surrounding landowners or the general public. As discussed above in the various review criteria, no substantial negative impacts have been identified due to this amendment. When looking at the City as a whole, Bozeman is in need of additional housing to meet increased demand for a variety of housing options. The proposed R- 5 zoning designation will allow for a higher densities in a central area of this City. In this sense, the proposed R-5 zoning designation will help address Bozeman’s need for greater housing options in close proximity to jobs and services and will thereby benefit the community as a whole. 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 18-323 16th and Olive Zone Map Amendment Page 16 of 21 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The applicant, 3G Properties, LLC, requests rezoning of two existing lots totaling 0.59 acres from R-3 Residential Medium Density to R-5 Residential Mixed-Use High Density. The subject properties are currently developed with two buildings each containing four one- bedroom homes with shared parking. The properties are surrounded by townhomes, condominiums, and multi-home buildings zoned R-3. The future land use map in the Bozeman Community Plan designates the property as residential. The applicant has stated the intent to redevelop the property with two eight unit apartment buildings and submitted example site plans along with the zone map amendment application. However, any future redevelopment of the site will require site plan review and will be required to adhere to applicable standards laid out in Bozeman’s Unified Development Code, including parking requirements and project design standards. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US 1st Class mail on Friday, August 31, 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 Friday, August 31, 2018. Notice was published in the Legal Ads section of the Bozeman Daily Chronicle on September 9, 2018 and September 16, 2018. 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 Staff Report for 18-323 16th and Olive Zone Map Amendment Page 17 of 21 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 R-5 district did not exist when the growth policy was adopted in 2009, therefore there is not a clear correlation between the future land use designation of residential and the R-5 district. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-5 (Residential Mixed Use High Density). The intent of the R-5 residential mixed-use high density district is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. These purposes are accomplished by: 1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. Staff Report for 18-323 16th and Olive Zone Map Amendment Page 18 of 21 2. Allowing offices and small scale retail and restaurants as secondary uses provided special standards are met. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. Table 38.310.030.A Permitted general and group residential uses in residential zoning districts Uses Authorized Uses R-3 R-5 Accessory dwelling units* - attached (38.360.040) 2 P P Accessory dwelling units* - detached (38.360.040) P P Apartments/apartment building* — P Cottage housing (38.360.110)* P P Manufactured homes on permanent foundations(38.360.160)* P P Manufactured home communities* — — Single-household dwelling (38.360.210) P P Two-household dwelling (38.360.210) P P Three household dwelling or four-household dwelling (38.360.210) P P Townhouses* & rowhouses* (two attached units)(38.360.240) P P Townhouses* & rowhouses* (five attached units or less) (38.360.240) P3 P Townhouses* & rowhouses* (more than five attached units) (38.360.240) — P Community residential facilities* with eight or fewer residents P P Community residential facilities* serving nine or more residents S P Cooperative household* P P Family day care home* P P Group day care home* P P Staff Report for 18-323 16th and Olive Zone Map Amendment Page 19 of 21 Uses Authorized Uses R-3 R-5 Group living (38.360.150)* P P Lodging houses* S P Transitional and emergency housing (38.360.135)* and related services S S Notes: 1. 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 non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this article. 3. In the R-3 district, townhouse groups must not exceed 120 feet in total width. Table 38.310.030.B Permitted accessory and non-residential uses in residential zoning districts Uses Authorized Uses R-3 R-5 Essential services Type I* A A Guest house* A A Home-based businesses (38.360.140) * A/S A/S Other buildings and structures typically accessory to authorized uses A A Private or jointly owned recreational facilities A A Signs*, subject to article 5 of this chapter A A Temporary buildings and yards incidental to construction work A A Staff Report for 18-323 16th and Olive Zone Map Amendment Page 20 of 21 Uses Authorized Uses R-3 R-5 Temporary sales and office buildings A A Agricultural uses* on 2.5 acres or more (38.360.060) — — Agricultural uses* on less than 2.5 acres (38.360.060) — — Bed and breakfast* C P Commercial stable (38.360.220) — — Community centers* C C Day care centers* P P Essential services Type II* P P Essential services Type III* 2 C C Short Term Rental (Type 1)* P P Short Term Rental (Type 2)* P P Short Term Rental (Type 3)* — — Golf courses — — Offices* — S 3 Public and private parks P P Medical offices, clinics, and centers* — C 3 Recreational vehicle parks (38.360.200)* — — Restaurant — P 4 Retail — P 4 Uses approved as part of a PUD per division 38.380 of this article C C Staff Report for 18-323 16th and Olive Zone Map Amendment Page 21 of 21 Uses Authorized Uses R-3 R-5 Veterinary uses — — Notes: 1. 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 non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 3. Only when in conjunction with dwellings. 4. Subject uses are limited to 2,500 square feet 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: Brock Johnsen, PO Box 972, Bozeman, MT 59771 Applicant: 3G Properties, LLC, PO Box 972, Bozeman, MT 59771 Representative: None Report By: Danielle Garber, Assistant 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. 16th and Olive Zone Map Amendment application materials.