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HomeMy WebLinkAbout1- 18438 Mountain Vista ZMA Staff Report ZC_12 13 18Page 1 of 22 18-438 Staff Report for the Mountain Vista Zone Map Amendment Public Hearing Date: Zoning Commission public hearing is on December 18, 2018 City Commission public hearing is on January 7, 2019 Project Description: Mountain Vista zone map amendment application requesting amendment of the City Zoning Map for an existing lot consisting of approximately 2.63 acres / 114,624 square feet from R-2 Residential Moderate Density to R-4 Residential High Density. Project Location: The property is generally located at the intersection of West Babcock Street and Michael Grove Avenue, addressed as 2928 West Babcock Street, Bozeman, MT 59715. The property is legally described as Tract 24 located in the W ½ of the W ½ of the NE ¼ of the SW ¼ of Section 11, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, 59715. Recommendation: Approval Recommended Zoning Commission 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 18-438 and move to recommend approval of the Mountain Vista zone map amendment, with contingencies required to complete the application processing. Report Date: December 13, 2018 Staff Contact: Melissa Pope; Assistant Planner Agenda Item Type: Action - Legislative Executive Summary Unresolved Issues None identified at this time. Project Summary The applicant, Glen Haven Properties, Inc., requests rezoning of an existing lot totaling 2.63 acres from R-2 Residential Moderate Density to R-4 Residential High Density. The subject property is currently developed with single-household dwelling and shop, with a large yard to the south. The property is surrounded by single- to four-household dwellings that are zoned R-3. The future land use map in the Bozeman Community Plan designates the property as residential. Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 2 of 22 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 Table of Contents ................................................................................................................ 2 SECTION 1 - MAP SERIES .............................................................................................. 3 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT6 SECTION 3 – ADVISORY COMMENTS ........................................................................ 6 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ....... 8 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 8 PROTEST NOTICE FOR ZONING AMENDMENTS ................................................... 14 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ........ 15 APPENDIX B - NOTICING AND PUBLIC COMMENT .............................................. 15 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ............. 15 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF...................... 21 FISCAL EFFECTS ........................................................................................................... 21 ATTACHMENTS ............................................................................................................. 22 Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 3 of 22 SECTION 1 - MAP SERIES Current Land Use Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 4 of 22 Future Land Use Growth Policy Designation Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 5 of 22 Current Zoning Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 6 of 22 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. The applicant must submit a zone amendment map, titled “Mountain Vista Zone Map Amendment”, on a 24” by 36” mylar, an 8 ½” by 11” or 8 ½” by 14” paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Works, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 2. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. 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 1. Prior to future development approval, if they do not already exist, the applicant will need to 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 West Babcock Street from South Cottonwood Road to Main Street including paving, curb/gutter, sidewalk, and storm drainage b. Intersection improvements to Fowler Avenue and Babcock Street c. Intersection improvements to West Babcock Street and Main Street 2. The applicant may obtain a copy of the template SID waiver from the City Engineering Department (Anna Russell). 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 zone map amendment. Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 7 of 22 3. Upon future development, right-of-way along West Babcock Road will be required to be dedicated, if it does not already exist, to ensure that a 90 foot right-of-way exists to match West Babcock’s collector street classification. 4. Upon future development, a ten foot utility easement must be provided along West Babcock Road south of the additional required right-of-way. The executed easement must be delivered to the City Engineering Department (Anna Russell). The easement must be executed on the City’s standard easement form. A copy of the standard easement form may be obtained from the City Engineering Department. 5. As the proposed zone change will result in an increase in density of the property, capacity of the existing city infrastructure will need to be verified prior to approval any future development. The applicant is encouraged to proceed through the Community Development Department’s conception review or informal review application to evaluate project specific questions. 6. The applicant is advised to contact Brian Heaston with the City Engineering Department to obtain an analysis of cash-in-lieu of water rights for any proposed development. BMC Section 38.410.130.A.1 requires provision for water rights or cash in lieu (CIL) thereof to be paid prior to any development approval. No action is required for the proposed zone map amendment to address this item. 7. Prior to future development, an estimate of the peak-hour sanitary sewer demand will need to be provided, so the City Engineering Department can verify downstream sewer capacity to accommodate future facilities. The applicant should be aware that depending on the point of connection downstream upgrades may be required. 8. The project falls within several Payback Districts. 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 of any development or redevelopment. 9. The proposed development must meet the City’s access separation requirements described in section 38.400.090.D. The applicant will need to align a future proposed drive access with Michael Grove Avenue. 10. The applicant is advised that a mutual access easement will need to be provided for the future drive and other paved access to the property to the west (yet to be annexed) to prevent conflicts with the City’s access spacing requirements, per 38.400.090.F. Section 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Development Review Committee (DRC) considered the amendment on October 17, 2018. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 8 of 22 The Zoning Commission will hold a public hearing on this zone map amendment on December 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. The City Commission will hold a public hearing on the zone map amendment on January 7, 2019. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under 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 Table C-16 in Appendix C). As Table C-16 from the growth policy shows, the R-4 zoning district is a proper implementing district for the residential designation. 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 property is located roughly 1/7 of a mile (along City streets) from the intersection of 19th Avenue and Main Street where a variety of commercial uses exist. Furthermore, a Streamline bus stop is located within roughly 1/10 of a mile of the subject property, with bus service providing direct weekday and weekend service to downtown and the MSU campus. As a result, the proposed R-4 zoning amendment is in-line with the intent of the growth policy’s residential land use designation as it would allow for Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 9 of 22 higher density residential development on a property located in a walkable, transit rich, neighborhood, in close proximity to commercial centers. 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. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The amendment from R-2 to R-4 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 property is currently served by City water and sewer services in the right- of-way of West Babcock Street. As noted in the advisory comments, an estimate of the peak- hour sanitary sewer demand will need to be provided so the City Engineering Department Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 10 of 22 can verify downstream sewer capacity to accommodate future facilities. Depending on the point of connection, downstream upgrades may be required. Any sewer system upgrades or restrictions resulting from proposed future development will be addressed as a part of the development review process. The property is accessed from West Babcock Street (collector) which provide access to West Main Street/Hwy. 191 to the east (principal arterial). West Babcock Street, adjacent to the property, has sidewalks and bike lanes. In the event of future increased residential densities on the subject property 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-4 district allows for building heights that are eight to ten feet higher than what is allowed in the R-2 district, with the maximum allowed building height being 44 feet in the R-4 district. Minimum setbacks are the same between the R-2 and R-4 districts. The maximum lot coverage in the R-2 district is 40% compared to 50% in the R-4 district. In terms of density, the minimum density in the R-2 district is five dwelling units per net acre compared to eight in the R-4 district. For reference, the R-3 Residential Medium Density District wholly surrounds the subject property (with the exception of the property immediately adjacent to the northwest which is in Gallatin County jurisdiction, but zoned general residential). Depending on the pitch of the roof, the R-4 district allows for building heights that are zero to two feet higher than what is currently allowed in the R-3 district. Minimum setbacks are the same between the R-3 and R-4 districts. While the R-4 district allows slightly higher lot coverages, building heights, and densities than the R-2 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 property will be subject to development review procedures, as well as building setback and height requirements in the R-4 district, which will ensure the provision of adequate light and air. F. The effect on motorized and non-motorized transportation systems. Yes. The subject property lies along West Babcock Street (collector). The property is currently developed with a single-household dwelling. Higher residential densities along West Babcock Street, as allowed in the R-4 district, will likely result in an increase in vehicle trips to and from the site, which could increase intersection delay along West Babcock Street. A traffic light was recently installed at the intersection of West Babcock Street and Ferguson Avenue (0.8 miles west of the subject property), which will help increase capacity on West Babcock Street. However, in the end, the increase in vehicle trips resulting from increased Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 11 of 22 residential density on the property will not likely be so large as to substantially impact the overall motorized transportation system. In terms of non-motorized transportation, high density residential development, will likely result in increased bike and pedestrian trips to and from the property. However, sufficient non-motorized infrastructure exists in the area to accommodate increased bike and pedestrian trips. West Babcock Street, adjacent to the subject property, has both bike lanes and sidewalks and the West Side trail parallels the property to the east. A Streamline bus stop is located within roughly 1/10 of a mile of the subject property, with bus service providing direct weekday and weekend service to downtown and the MSU campus. Upon receiving a formal development application, the City of Bozeman Public Works Department will review traffic impacts on the subject property and so transportation systems and capacity will be addressed through development review procedures. 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. The Growth Policy supports infill development on underutilized properties and providing a variety of housing options to meet the needs of residents. Additionally, Bozeman’s Unified Development Code 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 defined 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-2 to R-4 amendment will enable higher residential densities in a central area of Bozeman, well served by the City’s transportation system and in close proximity to commercial areas. The property is located in an area of single-household dwellings and multi-family dwellings. While the R- 4 designation would allow for increased residential density and greater intensity of Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 12 of 22 development on the site than the surrounding zoning districts, the allowed uses and density would be similar to enhance the diversity of housing types that are currently available and include additional housing types such as apartment buildings. H. Character of the district. Section 38.300.100 of the Bozeman Municipal Code states that 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 character of an R-4 district would remain primarily residential with few non-residential uses permitted (see Appendix C). At this time, the final character of future development on the subject parcel is unknown; however, the R-4 district allows for a variety of housing types including single-household dwellings and apartment buildings (five attached dwelling units or more) which may enhance the diversity of housing types that are already found within the neighborhood. The zoning district surrounding the subject property is the R-3 district. The character of this district has many similarities to the R-4 district, which are detailed in Appendix C. The following chart briefly summarizes the primary differences/similarities of the proposed R-4 zoning district and the current zoning district that surrounds the subject property: R-3 R-4 Difference Residential Uses 15/20 Principal 2/20 Special 17/20 Total 18/20 Principal 1/20 Special 19/20 Total 10% Accessory and Non- Residential Uses 5/28 Principal 4/28 Conditional 8/28 Accessory 1/28 Special 18/28 Total 6/28 Principal 4/28 Conditional 8/28 Accessory 2/28 Special 20/28 Total 7% Building Heights (general) 32’ – 42’ 34’ – 44’ 5% I. Peculiar suitability for particular uses. Yes. The property is located in an area of residential development of varying densities. In general, the R-4 district allows for greater residential densities and uses compared to the R-2 district. The primary differences in allowed uses is that the R-4 district permits apartments; three or four household dwellings; townhouses with more than two attached units; community residential facilities serving nine or more residents; lodging houses; offices (as special uses); and medical offices, clinics, and centers (conditionally) – see Appendix C for a Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 13 of 22 list of authorized uses in the R-2 and R-4 districts. This site is suitable for increased residential density as there are multiple transportation options and nearby commercial centers. Future development on the site will likely be residential as the only non-residential uses allowed are either conditional uses or must be in conjunction with dwellings. J. Conserving the value of buildings. Yes. While the R-4 designation would allow for high density residential development, the Bozeman Unified Development Code ensures that development will be primarily residential with the potential for limited non-residential uses in the form of offices or medical clinics. As result, the change in development pattern will be largely in the scale and intensity of residential uses. While an R-4 designation will likely result in increased residential density, the Unified Development Code imposes stringent design guidelines, building height restrictions, property line setbacks, open space requirements, among other criteria that act to preserve the value of buildings. 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-4 zone map amendment will encourage the most appropriate use of land as the growth policy designates the property as “Residential,” which the proposed R-4 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. 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 property is surrounded by residential uses, including single-and multi-household dwellings. The higher residential densities allowed in the R-4 district would be similar to adjacent development patterns noted above. The R-4 zoning district primarily permits residential uses, as do the surrounding zoning districts. As a result the proposed R-4 zoning designation would not result in primary uses of the site which are significantly different from prevailing land uses in the area. Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 14 of 22 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? The proposed R-4 zoning designation is being requested by one landowner and would apply to one lot totaling 2.63 acres. The requested R-4 zoning designation is not anticipated to directly benefit surrounding landowners. However, as discussed above, no substantial negative impacts have been identified due to this amendment. 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 only a single landowner applied for the zone map amendment application, 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-4 zoning designation will allow for higher densities in a central area of this City. In this sense, the proposed R-4 zoning designation will help address Bozeman’s need for greater housing options in close proximity to transportation options, jobs, and services and should 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 Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 15 of 22 property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The applicant, Glen Haven Properties, Inc., requests rezoning of an existing lot totaling 2.63 acres from R-2 Residential Moderate Density to R-4 Residential High Density. The subject property is currently developed with single-household dwelling and shop, with a large yard to the south. The property is surrounded by single-household to four-household dwellings, zoned R-3. The future land use map in the Bozeman Community Plan designates the property as residential. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US 1st Class mail on Monday, November 26, 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 Wednesday, November 28, 2018. Notice was published in the Legal Ads section of the Bozeman Daily Chronicle on Sunday, December 2, 2018 and is scheduled to appear again on Sunday, December 30, 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 Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 16 of 22 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 Bozeman Community Plan shows, the proposed zoning of R-4 is an implementing district for the future land use designation of “Residential.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-4 (Residential High Density). The intent of the R-4 residential high density district is “…to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 17 of 22 2. Providing for a variety of compatible housing types, including single and multihousehold dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial 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. R-2 is current zoning, R-3 is immediately surrounding the parcel, R-4 is requested zoning. Uses Authorized Uses R-2 R-3 R-4 Accessory dwelling units* - attached (38.360.040) 2 P P P Accessory dwelling units* - detached (38.360.040) P P P Apartments/apartment building* — — P Cottage housing (38.360.110)* P P P Manufactured homes on permanent foundations(38.360.160)* P P P Manufactured home communities* — — — Single-household dwelling (38.360.210) P P P Two-household dwelling (38.360.210) P P P Three household dwelling or four-household dwelling (38.360.210) — P P Townhouses* & rowhouses* (two attached units)(38.360.240) P P P Townhouses* & rowhouses* (five attached units or less) (38.360.240) — P P Townhouses* & rowhouses* (more than five attached units) (38.360.240) — — P Community residential facilities* with eight or fewer residents P P P Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 18 of 22 Uses Authorized Uses R-2 R-3 R-4 Community residential facilities* serving nine or more residents — S P Cooperative household* S P P Family day care home* P P P Group day care home* P P P Group living (38.360.150)* P P P Lodging houses* — S P Transitional and emergency housing (38.360.135)* and related services S 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-2 R-3 R-4 Essential services Type I* A A A Guest house* A A A Home-based businesses (38.360.140) * A/S A/S A/S Other buildings and structures typically accessory to authorized uses A A A Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 19 of 22 Uses Authorized Uses R-2 R-3 R-4 Private or jointly owned recreational facilities A A A Signs*, subject to article 5 of this chapter A A A Temporary buildings and yards incidental to construction work A A A Temporary sales and office buildings A 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 C P Commercial stable (38.360.220) — — — Community centers* C C C Day care centers* S P P Essential services Type II* P P P Essential services Type III* 2 C C C Short Term Rental (Type 1)* P P P Short Term Rental (Type 2)* P P P Short Term Rental (Type 3)* — — — Golf courses — — — Offices* — — S 3 Public and private parks P P P Medical offices, clinics, and centers* — — C Recreational vehicle parks (38.360.200)* — — — Restaurant — — — Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 20 of 22 Uses Authorized Uses R-2 R-3 R-4 Retail — — — Uses approved as part of a PUD per division 38.380 of this article C C C 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. Table 38.320.030.C Density, floor area and lot coverage permitted in residential zoning districts. Density, Floor Area and Lot Coverage Zoning District R-2 R-3 R-4 Density, minimum (dwellings per net acre) 5 5 8 Lot coverage, maximum2 40%3 40%3 50%3 Floor area ratio, maximum4 0.75:1 1:1 1.5:1 Notes: 1. In all residential zoning districts for those lots used to satisfy the requirements of division 38.380, not more than 60 percent of the lot area can be covered by principal and accessory buildings. When a larger lot has a portion of its total dwellings subject to the requirements of division 38.380, either directly or inherited from a previous subdivision, the portion used for those dwellings may have up to 60 percent of the lot area covered by principal and accessory buildings. 3. The maximum lot coverage for townhouses and rowhouses: a. R-1, R-2, R-3, and RMH districts: 50 percent. Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 21 of 22 b. R-4 and townhouses complying with affordable housing provisions of division 38.380 of this chapter: 85 percent. 4. Floor area ratio adjustments: a. For townhouse developments, the floor area ratio standard applies to all townhouse lots. Designated common area specifically associated with the townhouses may be used as applicable site area in determining compliance with the floor area ratio requirement. b. Dwellings used to satisfy requirements of division 38.380 of this chapter are allowed a 25 percent increase in allowable floor area ratio. Table 38.320.030.C Maximum building height permitted in residential zoning districts (in feet). Roof pitch in feet Maximum Height R-2 R-3 R-4 Less than 3:12 24 32 34 3:12 or greater but less than 6:12 28 38 38 6:12 or greater but less than 9:12 32 40 42 Equal to or greater than 9:12 36 42 44 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owners: Glen Haven Properties Inc., 1516 West Babcock Street Suite 1, Bozeman, MT 59715 Applicant: Glen Haven Properties Inc., 1516 West Babcock Street Suite 1, Bozeman, MT 59715 Representative: C&H Engineering and Surveying Inc., 1091 Stoneridge Drive, Bozeman, MT 59715 Report By: Melissa Pope, Assistant Planner, Department of Community Development FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. Staff Report for 18-438 Mountain Vista Zone Map Amendment Page 22 of 22 ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Mountain Vista Zone Map Amendment application materials.