HomeMy WebLinkAbout10-08-18 City Commission Packet Materials - A3. 16th and Olive Zone Map AmendmentPage 1 of 21
18-323 Staff Report for the 16th and Olive Zone Map Amendment
Public Hearing Date: Zoning Commission public hearing was 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 City Commission Zoning Motion: Having reviewed and considered the
staff report, application materials, public comment, recommendation of the Zoning
Commission, 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 25, 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.
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Zoning Commission
The Zoning Commission held a public hearing and considered this zone map amendment at its
September 18, 2018 meeting.
In their discussion, the Commission recognized that this is an area that should be built to
density due to its proximity to commercial areas, transit, downtown and Montana State
University. The Commission also noted that this type of project is important to help cap
boundary growth. The Commission unanimously passed a motion recommending this zone map
amendment for approval by the City Commission
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 .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ..... 7
SECTION 3 – ADISORY COMMENTS ................................................................................. 7
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 10
Section 76-2-304, MCA (Zoning) Criteria ....................................................................... 10
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 16
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 17
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 17
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING .................... 17
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ............................ 22
FISCAL EFFECTS ................................................................................................................. 22
ATTACHMENTS ................................................................................................................... 22
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SECTION 1 - MAP SERIES
Figure 1 Zoning Vicinity Map
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Figure 2 Community Plan Future Land Use
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Figure 3 Current Land Use
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SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “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 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 rights-of-way 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.
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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
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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 held a public hearing on this zone map amendment on September
18, 2018 and forwarded a unanimous recommendation of approval to the City Commission.
The hearing was held at 121 N. Rouse Avenue, Bozeman. The meeting began at 6 p.m.
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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.
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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.
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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.
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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.
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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.
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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 all 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.
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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.
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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.
The Zoning Commission public hearing was on September 18, 2018 and the City
Commission public hearing is scheduled for October 8, 2018.
Two letters of public comment and two letters of protest have been received by the City as
of noon September 27. The concerns expressed were the potential for increased traffic,
increased height and solar access, allowing commercial uses, on-street parking availability,
reduced property value, and impact on Quality of life. In response to these concerns staff
has outlined the impact on motorized and non-motorized transportation systems in criteria
F in this staff report, the reasonable provision of adequate light and air in criteria E, the
promotion of compatible urban growth in criteria G, neighborhood character in criteria H,
the peculiar suitability of particular uses in criteria I, and conserving the value of building
in criteria J.
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 235
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designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development. The dwelling unit density
expected within this classification varies between 6 and 32 dwellings per net acre. A higher
density may be considered in some locations and circumstances. A variety of housing types
can be blended to achieve the desired density. Large areas of single type housing are
discouraged. In limited instances, the strong presence of constraints and natural features
such as floodplains may cause an area to be designated for development at a lower density
than normally expected within this category.
All residential housing should be arranged with consideration of compatibility with
adjacent development, natural constraints such as watercourses or steep slopes, and in
a fashion which advances the overall goals of the Bozeman growth policy. The
residential designation is intended to provide the primary locations for additional
housing within the planning area.”
As Table C-16 from the growth policy shows, the 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.
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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.
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
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Uses
Authorized
Uses
R-3 R-5
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
Table 38.310.030.B Permitted accessory and non-residential uses in residential zoning districts
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.
Group living (38.360.150)* P P
Lodging houses* S P
Transitional and emergency housing (38.360.135)* and related services S S
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
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Uses
Authorized
Uses
R-3 R-5
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
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
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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. Public Comment received to date.
Uses
Authorized
Uses
R-3 R-5
Veterinary uses — —
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N-1 List Property list
THOMAS BENJAMIN & CHRISTINE
1189 MEAGHER AVE 703-777-5453 BOZEMAN, MT 597187060 Property address: 1611 W OLIVE ST, BOZEMAN MT 59715
SMITH ELIZABETH C R TRUST 2770 HIDDEN VALLEY RD
LA JOLLA, CA 920374029 Property address: 1607 W OLIVE ST, BOZEMAN MT 59715 DS JOHNSON LLC
1472 ZINNIA CIR LAFAYETTE, CO 800269367 Property address: 210 S 16TH AVE UNIT A, BOZEMAN MT
CHAMPION CINDY L PO BOX 1814 W YELLOWSTONE, MT 59758 Property address: 210 S 16TH AVE UNIT B, BOZEMAN MT
RYBKA ROBERT W & ROSEMARY HERVEY 17298 N 77TH ST
SCOTTSDALE, AZ 852555826 Property address: 210 S 16TH AVE UNIT C, BOZEMAN MT LEAR JENNIFER L
909 W CURTISS ST BOZEMAN, MT 597154328 Property address: 210 S 16TH AVE UNIT D, BOZEMAN MT
WADE KATHERINE 210 S 16TH AVE UNIT E BOZEMAN, MT 597154171 Property address: 210 S 16TH AVE UNIT E, BOZEMAN MT
READY TYLER 210 S 16TH AVE APT F
BOZEMAN, MT 597154171 Property address: 210 S 16TH AVE UNIT F, BOZEMAN MT
HUDSON DAVID F & SUSAN A LIVING TRUST DT
10 HITCHING POST RD BOZEMAN, MT 597159241 Property address: 210 S 16TH AVE UNIT G, BOZEMAN MT
MEUCHEL CRAIG & KELLI 204 RIVER VIEW DR KALISPELL, MT 599012768 Property address: 214 S 16TH AVE UNIT A, BOZEMAN MT JOHN WOLF 214 S 16TH AVE
BOZEMAN, MT 597151333 Property address: 214 S 16TH AVE UNIT B, BOZEMAN MT
CURRIE SHELLEY L 308 COULEE DR BOZEMAN, MT 597188759 Property address: 214 S 16TH AVE UNIT C, BOZEMAN MT
JULIEN CAROL TRUSTEE 220 S 16TH AVE APT A BOZEMAN, MT 597154173 Property address: 220 S 16TH AVE UNIT A, BOZEMAN MT BRAT PROPERTY LLC
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317 LINDLEY PL BOZEMAN, MT 597154834
Property address: 220 S 16TH AVE, BOZEMAN MT
ALBIN MARIA & KEIFER S & THETREAU QUIANNA M CMR 427 BOX 764 Property address: 217 S 16TH AVE, BOZEMAN MT
HERBSTER FAMILY TRUST 502 W LOCUST RD
PAYSON, AZ 855413646 Property address: MOUNTAIR CONDO CCMO INC
13 PARK GARDEN EST GREAT FALLS, MT 594043541 Property address: 223 S 16TH AVE, BOZEMAN MT
KATZ JACLYN PO BOX 6189 BOZEMAN, MT 597716189 406-587-8373 Property address: ORLEANS CONDO WILLETT GEORGE S
PO BOX 92 NEIHART, MT 594650092 Property address: 1601 W OLIVE ST UNIT 1, BOZEMAN MT 59715
WAKERLIN DEAN 1601 W OLIVE ST APT 2 BOZEMAN, MT 59715-6822
Property address: 1601 W OLIVE ST UNIT 1, 2, BOZEMAN MT 59715 HAMILTON ERIC S 1601 W OLIVE ST APT 3
BOZEMAN, MT 597156822 Property address: 1601 W OLIVE ST Unit 3, BOZEMAN MT 59715
FRANTZ HANNAH 68 KENDALL CT BELGRADE, MT 597149248 Property address: 1601 W OLIVE ST UNIT 4, BOZEMAN MT 59715
STOKHOF DE JONG SEBASTIAAN W 844 OLD SANTA FE TRL SANTA FE, NM 87505-0355 Property address: 1601 W OLIVE ST UNIT 5, BOZEMAN MT 59715 TROFTGRUBEN GREGORY G
1516 W BABCOCK ST STE 1 BOZEMAN, MT 597154199 Property address: 1601 W OLIVE ST UNIT 6, BOZEMAN MT 59715
WALBY CHAD & SUSAN 1601 W OLIVE ST APT 7 BOZEMAN, MT 597156822 Property address: 1601 W OLIVE ST UNIT 7, BOZEMAN MT 59715
TRIMBLE PETER MONTJOY 1601 W OLIVE ST APT 8
BOZEMAN, MT 597156822 Property address: 1601 W OLIVE ST UNIT 8, BOZEMAN MT 59715 HOLST ROBERT W & ROBERT W II
1395 BUCKS LN BIGFORK, MT 599116009 Property address: 1601 W OLIVE ST UNIT 9, BOZEMAN MT 59715
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BUCKLEW TERRENCE J & MICHELLE M 721 CORONADO AVE
CORONADO, CA 921182033 Property address: 1601 W OLIVE ST UNIT 10, BOZEMAN MT 59715
WALBY ERIC 1601 W OLIVE ST APT 11
BOZEMAN, MT 59715-6822 Property address: 1601 W OLIVE ST UNIT 11, BOZEMAN MT 59715 YANG QIANG &
ZHANG JINLIAN 27 DEVONWOOD LN PITTSFORD, NY 14534288
Property address: 1601 W OLIVE ST UNIT 12, BOZEMAN MT 59715 SCHAAF JANE M 2943 LAUREL RD
LONGVIEW, WA 986324519 Property address: 1703 W OLIVE ST UNIT 1, BOZEMAN MT 59715
SPOTTKE ALBERT R & CATHERINE E 2497 LOCKWOOD DR SAINT PAUL, MN 551201746 Property address: 1703 W OLIVE ST UNIT 2, BOZEMAN MT 59715
SMITH JANET M 1703 W OLIVE ST APT 3 BOZEMAN, MT 597156812 Property address: 1703 W OLIVE ST UNIT 3, BOZEMAN MT 59715 DEFRANCE DANIEL L & AMY J
4526 ALEXANDER ST BOZEMAN, MT 597181954 Property address: 1703 W OLIVE ST UNIT 5, BOZEMAN MT 59715
SMITH VERNON TELFORD IV 1703 W OLIVE ST APT 6 BOZEMAN, MT 597156812
Property address: 1705 W OLIVE ST UNIT 6, BOZEMAN MT 59715 RICHARDSON HUGH 620 W 42ND ST APT S12C
NEW YORK, NY 100362024 Property address: 1703 W OLIVE ST UNIT 7, BOZEMAN MT 59715 OUELLETTE JAMES L & MARSHA R
728 PRESTON ST MISSOULA, MT 598041171 Property address: 1703 W OLIVE ST UNIT 8, BOZEMAN MT 59715
VANHOORN BERNARD J & CASSANDRA L 1703 W OLIVE ST APT 9 BOZEMAN, MT 59715 Property address: 1703 W OLIVE ST UNIT 9, BOZEMAN MT 59715 GEESEY NANCY & GILL 1703 W OLIVE ST APT 11
BOZEMAN, MT 597156812 Property address: 1703 W OLIVE ST UNIT 11, BOZEMAN MT 59715
HEUCK DAVID E FAMILY 1400 PIONEER RD SHERIDAN, WY 828013334 Property address: 1703 W OLIVE ST UNIT 13, BOZEMAN MT 59715
FIGGINS SHIRLEY D 42 MOSS PT ALAMEDA, CA 945026482
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Property address: 1703 W OLIVE ST UNIT 14, BOZEMAN MT 59715
JONSSON CAROL A 1612 W OLIVE ST APT 1 BOZEMAN, MT 597156811 Property address: 1612 W OLIVE ST UNIT 1, BOZEMAN MT 59715 PERIN SUE
1128 CHERRY DR BOZEMAN, MT 597155919 Property address: 1612 W OLIVE ST UNIT 2&3, BOZEMAN MT 59715
ABELIN JEFFREY 1612 W OLIVE ST APT 4 BOZEMAN, MT 597156811
Property address: 1612 W OLIVE ST UNIT 4, BOZEMAN MT 59715 BENNETT RICHARD & LAURA 1612 W OLIVE ST APT 5
BOZEMAN, MT 597156811 Property address: 1612 W OLIVE ST UNIT 5, BOZEMAN MT 59715
BUSTA CHARLES F & LINDA JEANNE 4857 VICTORY ST BOZEMAN, MT 597189282 Property address: 1612 W OLIVE ST UNIT 6, BOZEMAN MT 59715
RANDOM PROPERTIES LLC 334 SKY CREST DR BOZEMAN, MT 597157770 Property address: 1612 W OLIVE ST UNIT 7, BOZEMAN MT 59715
OLI1612 LLC 10 SOMMERSET CIR
ENGLEWOOD, CO 801111403 Property address: 1612 W OLIVE ST UNIT 8, BOZEMAN MT 59715
RUTHERFORD STEVEN & AMANDA CUNDY 2356 FERGUSON AVE BOZEMAN, MT 597188036 Property address: 1612 W OLIVE ST UNIT 9, BOZEMAN MT 59715
SANDBERG MARTHA E 1612 W OLIVE ST APT 10
BOZEMAN, MT 597156811 Property address: 1612 W OLIVE ST UNIT 10, BOZEMAN MT 59715 CEDARWINDS LLC
4845 QUAKER LN GOLDEN, CO 804031690 Property address: 1612 W OLIVE ST UNIT 11, BOZEMAN MT 59715
DUNN ROBERT 1612 W OLIVE ST UNIT 12 BOZEMAN, MT 597156811 Property address: 1612 OLIVE ST UNIT 12, BOZEMAN MT 59715 HOUSEL ALEXANDRIA 39721 PANORAMA RD
PAONIA, CO 814283500 Property address: 1612 W OLIVE ST UNIT 13, BOZEMAN MT 59715 FALVEY MEGAN
2483 BLACKFEET LN BOZEMAN, MT 597152151 Property address: 1612 W OLIVE ST UNIT 14, BOZEMAN MT 59715
HOUSTON STEPHEN B & JEAN ANN 5995 MAROON MESA DR COLORADO SPGS, CO 809186135
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Property address: 1611 W KOCH ST UNIT 15, BOZEMAN MT 59715
SOLOMON EUGENE J & FISCHER TODD A PO BOX 3385 REDONDO BEACH, CA 902771385 Property address: 1611 W KOCH ST UNIT 16, BOZEMAN MT 59715
VANDENBOS JOHN R JR & LISA L 1007 E CURTISS ST BOZEMAN, MT 597153836 Property address: 1611 W KOCH ST UNIT 17, BOZEMAN MT 59715 HENEGHAN JOYCE A & PATRICK J 1737 RIDGEWOOD LN E
GLENVIEW, IL 600252351 Property address: 1611 W KOCH ST UNIT 19, BOZEMAN MT 59715
RUTHERFORD STEVEN & AMANDA CUNDY 2356 FERGUSON AVE BOZEMAN, MT 597188036 Property address: 1611 W KOCH ST UNIT 20, BOZEMAN MT 59715
BROWN JENNIFER R & SWINEHART TODD 222 S 7TH AVE BOZEMAN, MT 597154405 Property address: 1611 W KOCH ST, BOZEMAN MT 59715
VANDER JAGT PAULA & LEANETTE & LYNNELLE 2008 LODGEPOLE RD
HELENA, MT 596015832 Property address: 210 S 16TH AVE, BOZEMAN MT
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Thorough project narrative including a detailed response to the following.
To provide affordable, quality, safe, secure, energy efficient housing choices to the city of Bozeman.
Requesting a change in zoning from R-3 to R-5, so as to taking 2 under utilized single bedroom 4-plex apartments on adjacent property parcels with a shared parking and expand vertically above the units, with single and 2-bedroom apartments.
The existing first floor 8’ walls increased to 10’, with additional energy efficient windows allowing natural light and air to apartments on first floor units. Replace existing windows with energy efficient
windows, reinsulate first floor with better insulation, continuous thermal mass, increasing R-value and modernize exterior siding. Replace existing base board heaters with new more energy efficient or with gas forced air. Drastically reducing energy costs to residents.
I currently reside in and will continue to live in these units, noise reduction is my primary focus, striving for the highest Sound Transmission Class and Impact Isolation Class numbers within reason.
Second floor 10’ floor to ceiling. The plans show siding, gray in color, this is a generic generated image not the final color palette or materials just an idea. Cladding with multiple sizes and material breaking up fascia; for instances, cement board, exposed concrete and larger wood siding. Stoops would be rebuilt with patio area that extend out 8’, running 15’ too 16’ length of each unit, increasing storage, patio, outdoor setting area. Possible 3rd floor with same height space dimensions as second
floor description. Balconies off bedrooms for above residents.
Improve parking lot with drainage, off street parking for 16-18 residents, landscaping to improve residential experience and alleviate congested parking on city streets. A. Is the new zoning designed in accordance with the growth policy? How?
By taking underutilized property parcels in the City of Bozeman, encouraging building a broad range of housing types in proximity to service and transportation options. Bus stop, 19th and West College; 19th Ave and Koch. Redevelopment, intensification within R-3, ZMA R-5, R-0 1 block to south, 1 block to north B2-M. Increasing residential density, promoting a desirable development pattern,
thereby helping to alleviate housing shortage. Zoning change from R-3 too R-5 is compatible with existing district character. Diversifying existing housing inventory of 5 units per property parcel consisting of 3 and 4 bedrooms and offer greater housing chooses with single and 2-bedroom units. Promote public health, safety and general welfare by protecting Gallatin Valley’s resources;
groundwater, surface water, historical views of mountains. Allowing our local industries of farming, ranch, timber, to thrive. Supporting compatible infill within city, utilizing under developed property parcels rather than developing land that destroys farm and wood lands, but instead promotes economic diversity/culture in the Gallatin Valley, protecting our private and public investment.
New zoning is in accordance with growth policy by maintaining the character of the neighborhood by incorporating compatible use. Within 200 feet and radius of 1 block extending all directions proposed ZMA, 100% of the buildings which make up the neighborhood are apartments, townhouse, condos, all 2 stories or higher than existing apartments; Also, no single-family dwellings.
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Parking lot affords 16-18 parking spots for residents, alleviating congestion from busy local streets.
Encouraging Bipedal transportation, walking/biking, short vehicle trips and utilization of public
transportation. From R-3 too R-5 multi-family housing, not much differences, limited by parking.
B. Will the new zoning secure safety from fire and other dangers? How?
Rezoning this property will allow for significant upgrading of the exiting units benefiting from better
building materials, building a more structurally safe building, by utilizing Unified Building Code (UBC). Maximizing safety and security for residents by taking an existing structure that would otherwise be neglected and upgrade. The properties are within jurisdiction of the city of Bozeman. Fire station 2, .4 miles and Police department, .6 miles. In direct line with major arteries leading to hospitals. Fire
Hydrant is directly across the street 100’ from buildings. The only suggesting I would make is to
change the name of south 16th Ave to Law and Justice Ave, so as to implement 2 separated Ave names, thus eliminating confusion. Parking lot affords 16-18 parking spots for residents, alleviating congestion from busy local streets,
not interrupting traffic flow that hinders the safety of neighborhood residents. C. Will the new zoning promote public health, public safety and general welfare? How?
According to Daily Health News, a review of more than 1,000 scientific studies has come up with more than 40 proven strategies for improving public health. One is designing walkable neighborhoods and providing easier access to recreational areas from homes, schools and businesses. Public health is improved by providing residential buildings close to urban centers.
Proposed ZMA is 2 blocks from Main Street on 16th Ave South and West Olive, .5 mile from MSU’s
campus, access to major arterial and highway via South 19th and Koch St or South 19th and West Olive. Bus Stops at Koch and South 19th. Promote Bipedal transportation, biking/walking, to destinations promotes public health. Helping rehabilitate commercial corridors Hastings square .5 miles and university square .6 miles.
Public safety is improved with more residents available to first responders, existing emergency
facilities of police, fire and hospitals. Time is the most important factor when first responders are needed in case of emergency, with the increased residential density, public safety is enhanced allowing the best possible outcome by minimizing the response time in case of emergence based on distances.
With no sales tax in Montana, property taxes are greater sources of income for the state, county and
city. Gallatin Valley property assessments taken by the state, are extensive and detailed. Broken down by county, city, zip code, neighborhood, building type, number of bedrooms, baths, etc.
By upgrading buildings to Unified Building Code (UBC), creating aesthetic improvement, thus increasing appraisal value and property taxes for much need local communities. Location allows for greater economic activity in Bozeman, protecting private and public investment.
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The general welfare is improved by utilization and reinvesting in existing infrastructure; water, gas,
sewer lines, police, fire stations and hospitals. Thus, the necessitate for new mill levee’s is negated
or greatly reduced. Also, general fund revenues are increased due to the increase in property tax
base. Public health is improved when traffic is reduced, minimizing pollution and smog setting in the Gallatin Valley. Improved outdoor air quality by carpooling, bipedal motion, short vehicle trips and use of
public transportation. New building will have more windows, thus improving air and light quality. D. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How?
Use of public transportation is increased with greater residential density, utilizing established mass transit routes to urban centers; downtown, MSU, shops, business, restaurants. Encouraging bipedal transportation, walking/biking and shorter vehicle trips. Adequately providing multiple options for transportation.
Meet the City of Bozeman’s requirements for management of storm water runoff from parking lot with dry well and or pervious concrete replenishing the aquifer, 0scaping lawn areas, low flush toilets and energy efficient appliances, tying into existing sewer system providing adequate transportation of water.
Impact fees for project development and increase residential density providing greater property taxes that are reinvesting into existing schools, parks, public facilities, infrastructure.
E. Will the new zoning provide reasonable provision of adequate light and air? How?
Improve light and air in apartments, by increasing ceiling height from 8’ too 10’ allows for more windows and more energy efficient widows. Ground units will have patios and units above will have balconies. Landscaping will include 9 too 10 trees on the perimeter improving air quality.
The 16th & Olive apartment buildings are shortest building surrounded by buildings 10’ to 20’ higher. Property parcel do not encroach, encumber or inhibit light or air of neighborhood buildings. With large open space, parking lot in front of 16th & Olive apartments, a parking lot behind building to west and staying within the building footprint of R-3 setbacks, apartment building to south’s air and light will
be exactly the same, with or without new construction.
F. Will the new zoning have an effect on motorize and non-motorized transportation systems? How? Proposed ZMA is 2 blocks from Main Street, .5 mile from MSU’s campus. Access to major arterial
and highway via South 19th and Koch St or South 19th and West Olive. Bus Stops at Koch and South
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19th. Promote Bipedal transportation, biking/walking, to destinations is a positive effect on motorized
and non-motorized transportation system.
This change in zoning encourages and enables the use of diverse modes of transportation. With the
location of the property effects on motorized traffic will be minimal. Within neighborhood grocery stores, restaurants, shops, businesses, downtown, parks, walking trails, all accessible by non-motorized means of bipedal motion, walking/biking and shorter vehicle trips.
Also, the use of mass transit will be greatly increased without the need for a vehicle, using the city
bus system for further commutes. Motorized transportation will be alleviated with use of the parking lot having 16-18 parking spaces for tenants allowing greater city street parking.
G. Does the new zoning promote compatible urban growth? How?
Between R-3 height 32’ and R-5 44’ the height difference is not substantial, 8’ to 12’ depending on pitch. R-3 too R-5 residential density is determined by parking spaces available. There is simply not
much differences. The current district is a mix of B2-M, R-3, R-0 and ZMA of R-5.
The location is compatible with urban growth infill development, investment in underutilized property. Utilizing existing infrastructure, roads, water/sewer, power/gas, public facilities. Proposed zoning in accordance with surrounding development patterns. The properties are surrounded by and adjacent
high density residential and commercial zoned areas. H. Does the new zoning promote the character of the district? How?
The authorized uses in proposed R-5 are not significantly different from what is allowed in R-3. The
district encapsulates major arteries, transit hubs, shopping, commercial retail and service, multiple zoning areas, R-3, R-O, B2-M all within 1 block, Gallatin Jail to south and largest employers in City within .5 miles MSU. Closest single-family dwelling 1 block away. Cooper Park is the closest historical overlay 8 blocks to the east and conservation overlay 5 blocks to east.
With the change in demographics Americans are having smaller families, intrinsic value of space and privacy is inherited/expected and single and 2-bedroom apartments afford that character in this district.
I. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? The suitable use of this area is for housing college students and professionals working within the city of Bozeman. The existing particular use within a 2-block radius extending all directions, greater than
100% of the buildings which make up the neighborhood are apartment buildings, townhouses,
businesses, condos, no single home dwellings.
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60 property owners within 200’ were contacted in compliances with N1 application included in ZMA
application. Of those 60, 17 receive mail within 200’ of proposed ZMA including local PO Boxes.
That is 72% rentals within 200’, renting condos, townhouses and apartments, addressing the
particular suitable use. J. Was the new zoning adopted with a view to conserving the values of buildings? How?
New zoning will enhance the value of current buildings. The proposed building height increase is
compatible with existing surrounding building structures 10’ to 30’ higher in height. The ZMA I am applying for conserves the values of the building by building in footprint, keeping character and improving existing building.
Zoning designation R-3 and R-5 is multi-family development. Max density of R-3 would be 5 units, no
greater than 4 unrelated people in each unit. So hypnotically 20 individuals per property parcel. R-5 would allow 8 or greater units. Both mult-family zones limited by parking calculation the density difference is minimal. Offering 1 and 2 bedroom units for a substantial large portion of the Bozeman population that are university students and professionals that want to live near the City of Bozeman.
K. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? The proposed zone map amendment will provide an appropriate transition between adjacent uses.
With R-3, B2-M, R-0, the proposed amendment is suitable for the site, benefiting the existing
residential and commercial district. Based on the location, proximity to largest employer in Bozeman, Montana State University, I feel strongly that this is the appropriate use of land in this jurisdictional area.
2. If map amendment, provide an exhibit of the property to be modified. Provide existing zoning designation and the proposed land use designation. The exhibit should include the legal limits of the property and size in square feet and acreage. If adjacent to a right of way the zoning should extend to the centerline of the right of way. Attached maps, plans and project narrative exhibit the property modifications.
06/01/2018 I sent a letter to 11 properties, 17 different owners with condoization of units happening frequently. 2 directly to the north of me and rest directly to the south of me up to Koch street. Letter
asked property owners to sign on with ZMA. I received 2 responses,
1 leaving decision up to property manager, which supports the ZMA. 1 Property owner didn’t not read the letter, over the phone tried to explain, left messages to meet so I could explain better. Thinks too much density tried to explain based on parking calculation. To no
avail.
Property owner opposed to change in zoning is a realtor owning 4 plex's that are condozied under single owner. hypothetically if she purchased the 4-plexs at $200,000, sold individually at current
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market value of $225,000 each, that would 350% return on investment. Not to mention the years
owning the property and realtor fees. What right does this individual have to say on property.
07/02/2018 sent second letter to 17 properties, 21 different owners with drawings of building, parking lot, again asking to sign on ZMA and or letter of support. Property owners directly to the north, south both sides of 16th Ave to Koch and 4 properties on Southside of Koch with Gallatin jail further south.
I’ve called, emailed 2 architectures, 1 returned my phone, gave me idea of what ZMA would cost
anywhere between $12,000 to $24000 if firm put together and could take on work of this ZMA, to busy. Was generous with his time, offering suggestions and recommendations that have helped edit and steer ZMA questions. The staff at the city of Bozeman planning have been more than generous in fielding my questions, phone calls, emails and reviewing of application material. This is the best I
can do as an individual.
In conclusion, I’ve done everything I know to avoid spot zoning, trying to get other property owners onboard for a ZMA that I think will make their properties greater in value, improve asthenic of neighborhood, reinvest in our neighborhood and add value to our community.
257
12,769 SF
0.29 acres
LOT 2A
13,133 SF
0.30 acres
LOT 1A
0° 26' 56"173.73'NW89° 05' 37"
41.52'
S W
4
7° 14' 45"
172.8
0'
S
E
0° 11' 03"53.79'SE88° 52' 25"
167.24'
S W
10' - 0"10' - 0"20' - 0"20' - 0"
WEST OLIVE STREET
SOUTH 16TH AVE215 S 16TH AVE
1608 WEST
OLIVE ST
25,901 SF
0.59 acres
COMBINED LOT
N10' UTILITY EASEMENT89° 00'
00"102.48'
N E
0° 26' 57"26.54'NW89° 33' 03"
60.22'
N E
EXISTING
ZONING: R-3
R/W CENTERLINE
R/W CENTERLI
NE0° 26' 56"17.74'SE0° 26' 56"60.26'NWPROPOZED
ZONING: R-4
PROPERTY LINE
Scale
Evan
Lerum
Drafting
DATEDESCRIPTION
09/19/17BASE PLAN DRAWINGS
406 - 249 - 1106
evan@eldrafting.com
SHEET TITLE
09/24/17SD PROGRESS
09/30/17SD PROGRESS
10/10/17RELEASED FOR PERMIT
1" = 20'-0"5/21/2018 1:24:37 PM215 S 16TH AVE1608 W OLIVE STBOZEMAN MT, 59718ZP 2.
ZONING
PLAN16TH AND OLIVEAPARTMENTS3G PROPERTIES 1" = 20'-0"1 ZONING PLAN.
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