HomeMy WebLinkAbout18-449 Nexus Point ZMA Staff ReportPage 1 of 24
18-449 Staff Report for the Nexus Point 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: Nexus Point zone map amendment requesting amendment of the City
Zoning Map for an existing lot consisting of approximately 20.18 acres / 879,041square feet
from B-P Business Park to R-O Residential Office.
Project Location: The property is generally located southwest of the Stucky Road and S. 19th
Avenue intersection and is legally described as Lot 1 of Minor Subdivision 235, a tract of land
situated in the NE ¼ of Section 23 T2S, R5E P.M.M., City of Bozeman, Gallatin County,
Montana.
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 18-449 and move to recommend
approval of the Nexus Point zone map amendment, with contingencies required to complete
the application processing.
Report Date: December 7, 2018
Staff Contact: Sarah Rosenberg; Associate Planner
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
The applicant, G Force 1, LLP, requests rezoning of an existing lot totaling 20.18 acres
from B-P Business Park to R-O Residential Office. The subject property is currently
undeveloped with no buildings or structures on-site. The property is surrounded by land
zoned R-4 to the south, R-1 and REMU to the east, and R-O (county) to the north. The
future land use map in the Bozeman Community Plan designates the property as “Business
Park Mixed Use.
Staff Report for 18-449 Nexus Point Zone Map Amendment Page 2 of 24
Alternatives
1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 5
SECTION 3 – ADVISORY COMMENTS .............................................................................. 5
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
SECTION 5 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 7
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 7
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 11
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 12
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 12
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 13
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 24
FISCAL EFFECTS ................................................................................................................. 24
ATTACHMENTS ................................................................................................................... 24
Staff Report for 18-449 Nexus Point Zone Map Amendment Page 3 of 24
SECTION 1 - MAP SERIES
CURRENT ZONE MAP
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GROWTH POLICY MAP OF AREA
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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. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state
law.
2. The applicant must submit a zone amendment map, titled “Nexus Point Zone Map
Amendment”, on a 24” by 36” mylar, an 8 ½” by 11” or 8 ½” by 14” paper exhibit,
and a digital copy of the area to be zoned, acceptable to the Director of Public Works,
which will be utilized in the preparation of the Ordinance to officially amend the City
of Bozeman Zoning Map. Said map shall contain a metes and bounds legal
description of the perimeter of the subject property including adjacent rights-of-way,
and total acreage of the property.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed
Montana surveyor.
4. All required materials shall be provided to the Department of Community
Development within 60 days of a favorable action of the City Commission or any
approval shall be null and void.
SECTION 3 – ADVISORY COMMENTS
1. If they do not already exist upon future development 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 West Graf Street including paving, curb/gutter,
sidewalk, and storm drainage
c. Street improvements to Stucky Road including paving, curb/gutter,
sidewalk, and storm drainage
d. Street improvements to South 27th Avenue including paving, curb/gutter,
sidewalk, and storm drainage
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e. Intersection improvements to South 19th Avenue and West Graf Street
f. Intersection improvements to South 19th Avenue and Stucky Road
g. Intersection improvements to South 27th Avenue and West Graf Street
h. Intersection improvements to South 27th Avenue and Stucky Road
i. Intersection improvements to Fowler Lane and West Graf 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.
2. Upon future development the applicant will be responsible for the construction
sidewalks, boulevard with landscaping, lighting and pedestrian intersection ramps along
Graf Street and 19th Avenue.
3. Due to restricted access onto South 19th Avenue the applicant is encouraged to
pursue legal access onto Discovery Drive in order to better accommodate future
development.
4. Upon future development Lantern Drive must be construed to the City’s local
street standard.
5. Upon future development the City will review for impacts to City’s utilities. The
applicant will need to provide an estimate of the peak-hour sanitary sewer demand in
order for the City to verify capacity. The applicant is also advised that the water
distribution system currently has low fire flows. The applicant may contact the City’s
Water Department to obtain current hydrant flow data.
6. 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.
7. 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.
8. Upon future development 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
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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.
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 October 17, 2018. The DRC did not identify any infrastructure or regulatory
constraints that would impede the approval of the application.
The Zoning Commission will hold a public hearing on this zone map amendment on
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 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.
Staff Report for 18-449 Nexus Point Zone Map Amendment Page 8 of 24
Yes. The future land use map in the Bozeman Community Plan (growth policy) designates
the subject property as Business Park Mixed Use (see Table C-16 in Appendix C). As Table
C-16 from the growth policy shows, the R-O zoning district is a proper implementing
districts for the Business Park Mixed Use designation.
Additionally, the proposed zone map amendment advances multiple objectives of the growth
policy:
Land Use Objective 1.1: “The land use map and attendant policies shall be the official
guide for the development of the City and shall be implemented through zoning
regulations, capital improvements, subdivision regulations, coordination with other
governmental entities, and other implementation strategies.”
Land Use Objective 1.4: “Provide for and support infill development and redevelopment
which provides additional density of use while respecting the context of the existing
development which surrounds it. Respect for context does not automatically prohibit
difference in scale or design.”
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.”
No conflicts with the Growth Policy have been identified.
Additionally, under the growth policy’s description of the Business Park Mixed Use future
land use category it states “This classification provides for employment areas with a variety
of land uses typified by office uses and technology-oriented light industrial uses. Civic uses
may also be included. Retail, residential, services, or industrial uses may also be included in
an accessory or local service role. Accessory uses should occupy 20% or less of the planned
Business Park Mixed Use areas. These areas are often a buffer between uses, and the scale
and intensity should be carefully considered to ensure compatibility with adjacent
developments.” The subject property is located to the south of the existing Genesis Business
Park where a variety of commercial uses exist. Additional office or retail spaces on the
subject property would be a compatible adjacent use to those surrounding. Any residential
accessory uses could be a buffer to the less intensive land uses to the south. As a result, the
proposed R-O zoning amendment is in-line with the intent of the growth policy’s Business
Park Mixed Use land use designation as it would allow for employment, civic, retail,
residential, services or light industrial that are appropriate to the surrounding land use scale
and intensity.
B. Secure safety from fire and other dangers.
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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 B-P to R-O 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 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 South 19th Avenue. However, the applicant has indicated that future site access
will likely be from Lantern Drive, the local street that abuts the property on the southwest
side. Any water, sewer, or transportation system upgrades or restrictions resulting from
proposed future development will be addressed as a part of the development review process.
The property falls within the Bozeman School District #7 which will provide educational
services for potential residents. Residential development of the subject property will require
parkland development or Cash in Lieu of Parkland development or a combination of both.
E. Reasonable provision of adequate light and air.
Yes. Bozeman’s Unified Development Code includes standards intended for providing
adequate light and air including standards for building height and required yard space. These
standards will help ensure the provision of adequate light and air. Required setbacks in the R-
O vs. the B-P districts are similar, and generally within 5’ of each other. Overall, the uses
allowed in the R-O district vs. the B-P district are different and will result in a different
development pattern. Any future redevelopment of the property will be subject to
development review procedures, which will ensure the provision of adequate light and air.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The subject property lies along South 19th Avenue (Principal Arterial), and the
applicant has indicated that site access may be from Lantern Dr to the west (Local Street).
Potential future development on the subject property will affect the City’s transportation
system with increased traffic. A change from B-P to R-O could result in development of the
property which would likely result in an increase in the number of vehicle trips on Stucky
Rd, Enterprise Dr, and Lantern Dr. A Traffic Impact Study may be required with the
development of this property which will identify the extent of increased traffic volumes and
specify required infrastructure improvements to serve the development. The extent of these
Staff Report for 18-449 Nexus Point Zone Map Amendment Page 10 of 24
improvements will be determined during subdivision and/or site plan review. To the west of
the subject property is a trail along Enterprise Drive. The proposed amendment is not
anticipated to impact the City’s non-motorized transportation system.
G. Promotion of compatible urban growth.
Yes. The Growth Policy supports infill development on underutilized properties. The change
from B-P to R-O on the subject property will enable the currently undeveloped lot to be
developed in a manner consistent with surrounding development patterns which include
residential uses. The properties are bordered by existing residential designations to the south
and east, making this amendment compatible with surrounding zoning uses and intents.
H. Character of the district.
Yes. The proposed amendment to R-O would allow for residential and offices, which
provide a similar character to existing land uses surrounding the property. Genesis Business
Park and faith-based facilities are located to the north, and the remaining surrounding lands
are zoned residential. The proposed zone map amendment would not significantly alter the
character of the district.
I. Peculiar suitability for particular uses.
Yes. The underlying growth policy designation of “Business Park Mixed Use” identifies
implementing zoning districts of both R-O and B-P; thus, the amendment would not
significantly change the land use intent. Surrounding zoning is REMU, R-4, R-1, and R-O
(county). A change to R-O would conform to adjacent zoning, implement the Bozeman
Community Plan, and provide for further development of compatible residential and office
land uses which is suitable for the area as that is the current surrounding development
pattern.
J. Conserving the value of buildings.
Yes. There are no existing buildings on the site currently, therefore the proposed zoning
amendment would not affect any on-site building values. The R-O zoning district would
allow for additional residential and office development in the area, which is compatible with
existing land uses, and is not anticipated to negatively impact nearby building values.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed R-O zone map amendment will encourage the most appropriate use of
land as the growth policy designates the property as “Business Park Mixed Use,” which the
proposed R-O designation will implement. Future residential and office development will be
allowed, which will accommodate the current and projected demand of additional household
units and office facilities, along with live-work potential. This zone map amendment will
help provide residential and employment centers which are appropriate uses of land in this
area.
Staff Report for 18-449 Nexus Point Zone Map Amendment Page 11 of 24
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 dwellings and
commercial/office uses. The proposed zoning would allow residential and office uses
that are similar to adjacent development patterns. As a result, the proposed R-O
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?
Neutral. The proposed R-O zoning designation is being requested by one landowner
and would apply to one lot totaling 20.18 acres. The proposed R-O zoning
designation is not anticipated to directly benefit surrounding landowners.
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. No substantial negative impacts to the surrounding landowners or the general
public have been identified due to this amendment. As discussed in the various
review criteria above, the proposed R-O zoning designation will allow for additional
residential and office development in an appropriate area, and will help meet the
current and projected demand for these uses.
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)
Staff Report for 18-449 Nexus Point Zone Map Amendment Page 12 of 24
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address and legal description of the
property), to protest the action against which the protest is lodged, including ownership of
property affected by the action. Signers are encouraged to print their names after their
signatures. A person may in writing withdraw a previously filed protest at any time prior to
final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The applicant, G Force 1, LLP, requests rezoning of an existing lot totaling 20.18 acres
from B-P Business Park to R-O Residential Office. The subject property is currently
undeveloped with no buildings or structures on-site. The property is surrounded by land
zoned R-4 to the south, R-1 and REMU to the east, and R-O (county) to the north. The
future land use map in the Bozeman Community Plan designates the property as Business
Park Mixed Use. The proposed R-O zoning designation is an implementing zone of the
Business Park Mixed Use intent.
The applicant has indicated the intent to develop the property with apartments with
residential units on the western portion and offices along South 19th Ave. on the eastern
potion of the property. There is a wetland/stream corridor along the eastern boundary of the
property, running north-south. Future access to the site may be from the west along Lantern
Dr. Any affects to the city’s transportation system, infrastructure, and environmental impacts
will be examined upon site plan/development review.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on Thursday, November 29, 2018 to all owners of
property located inside the proposed change and within 200 feet of the perimeter of the
change. The project site was posted on Monday, December 3, 2018. Notice was published in
the Legal Ads section of the Bozeman Daily Chronicle on Sunday, December 2, 2018 and
Sunday, December 30, 2018. There have been no comments as of the date this report was
written.
Staff Report for 18-449 Nexus Point Zone Map Amendment Page 13 of 24
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.
“Business Park Mixed Use. This classification provides for employment areas with a
variety of land uses typified by office uses and technology-oriented light industrial uses.
Civic uses may also be included. Retail, residential, services, or industrial uses may also be
included in an accessory or local service role. Accessory uses should occupy 20% or less of
the planned Business Park Mixed Use areas. These areas are often a buffer between uses, and
the scale and intensity should be carefully considered to ensure compatibility with adjacent
developments. The developments should provide integrated open spaces, plazas, and
pedestrian pathways to facilitate circulation and a pleasant environment. Uses may be mixed
both vertically and horizontally with vertically mixed uses being encouraged. Higher
intensity uses are encouraged in the core of the area or adjacent to significant streets and
intersections. As needed, building height or other transitions should be provided to be
compatible with adjacent development.”
As Table C-16 from the Bozeman Community Plan shows, the proposed zoning of R-O is an
implementing district for the future land use designation of “Business Park Mixed Use”.
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Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-O (Residential Office). The intent of the R-O
residential office district is “to provide for and encourage the development of multi-household
and apartment development and compatible professional offices and businesses that would
blend well with adjacent land uses. 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.
Use of this zone is appropriate for areas characterized by office or multi-household
development; and/or areas along arterial corridors or transitional areas between residential
neighborhoods and commercial areas.
Table 38.310.030.A Permitted general and group residential uses in residential zoning
districts
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Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory
uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the
additional standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses Authorized Uses
R-O 1
General residential
Accessory dwelling units* - attached (38.360.040) P
Accessory dwelling units* - detached (38.360.040) P
Apartments/apartment building* P
Cottage housing (38.360.110)* P
Manufactured homes on permanent foundations(38.360.160)* P
Manufactured home communities* —
Single-household dwelling (38.360.210) P
Two-household dwelling (38.360.210) P
Three household dwelling or four-household dwelling
(38.360.210) P
Townhouses* & rowhouses* (two attached units)(38.360.240) P
Townhouses* & rowhouses* (five attached units or less)
(38.360.240) P
Townhouses* & rowhouses* (more than five attached units)
(38.360.240) P
Group residential
Community residential facilities* with eight or fewer residents P
Community residential facilities* serving nine or more residents P
Cooperative household* P
Family day care home* P
Group day care home* P
Group living (38.360.150)* P
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Lodging houses* P
Transitional and emergency housing (38.360.135)* and related
services 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-O 1
Accessory uses
Essential services Type I* A
Guest house* A
Home-based businesses (38.360.140) * A/S
Other buildings and structures typically accessory to authorized
uses
A
Private or jointly owned recreational facilities A
Signs*, subject to article 5 of this chapter A
Temporary buildings and yards incidental to construction work A
Temporary sales and office buildings A
Non-residential uses
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* P
Commercial stable (38.360.220) —
Community centers* P
Day care centers* P
Staff Report for 18-449 Nexus Point Zone Map Amendment Page 17 of 24
Essential services Type II* P
Essential services Type III* 2 C
Short Term Rental (Type 1)* P
Short Term Rental (Type 2)* P
Short Term Rental (Type 3)* —
Golf courses —
Offices* P
Public and private parks P
Medical offices, clinics, and centers* P
Recreational vehicle parks (38.360.200)* —
Restaurant —
Retail —
Uses approved as part of a PUD per division 38.380 of this
article
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 38.310.040.A
Permitted general sales uses in commercial, mixed-use, and industrial zoning districts
Uses
BP
General sales
Automobile, boat or recreational vehicle sales,
service and/or rental
—
Automobile fuel sales or repair (38.360.070)* —
Convenience uses —
(38.360.100)*
Staff Report for 18-449 Nexus Point Zone Map Amendment Page 18 of 24
Heavy retail establishment (Retail, large scale -
38.360.150)*
—
Restaurants* —
Retail*
• 0-5,000sf GFA A 6
• 5,001-24,999sf GFA A 6
• 25,000sf-39,999sf GFA A 6
• Over 40,000sf GFA (Retail, large scale
- 38.360.150)*
—
Sales of alcohol for on-premises
consumption (38.360.060)
—
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(see table 38.310.030 for those not listed in this table).
3. Occupying not more than 20 percent of the gross floor area of a building or 1,500
square feet, whichever is less, or occupying not more than 45 percent of the gross floor
area of a food processing facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000
square feet are limited to no more than four structures per 100 acres of
contiguous master planned development and subject to section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000
square feet are limited to no more than two structures per 100 acres of
contiguous master planned development and subject to section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to
exceed 20 percent of gross floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use are conditionally permitted.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted
with the following conditions:
a. Restaurants serving alcoholic beverages are limited to those with state beer and
wine licenses issued since 1997, prohibiting any form of gambling and
occupying not more than 45 percent of the total building area of a food
processing facility; and/or
b. Retail sales for on-premises consumption of alcohol produced on site, not to
exceed 10,000 square feet or 50 percent of the facility, whichever is less.
Staff Report for 18-449 Nexus Point Zone Map Amendment Page 19 of 24
Table 38.310.040.B
Permitted services and temporary lodging uses in commercial, mixed-use, and industrial
zoning districts
Uses BP
Personal and general service
Animal shelters C
Automobile washing establishment* P
Daycare—Family, group, or center* S/A
General service establishment* P
Health and exercise establishments* P
Heavy service establishment* P
Medical and dental offices, clinics and
centers*
P
Mortuary —
Offices* P
Personal and convenience services* A
Truck repair, washing, and fueling services C
Temporary lodging
Bed and breakfast* C
Short Term Rental (Type 1)* P
Short Term Rental (Type 2)* P
Short Term Rental (Type 3)* —
Hotel or motel* P
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(see table 38.310.030 for those not listed in this table).
3. Only lobbies for the applicable use are allowed on designated Storefront block
frontages as set forth in section 38.510.020.
Staff Report for 18-449 Nexus Point Zone Map Amendment Page 20 of 24
4. If primarily offering services to a single business or group of businesses within the
same building or building complex.
5. Professional and business offices only.
Table 38.310.040.C
Permitted residential uses in commercial, mixed-use, and industrial zoning districts
Uses BP
General residential
Accessory dwelling unit
(38.360.040)
—
Apartments* 3 —
Apartment buildings* 3 —
Cottage housing* (38.360.110) —
Single household dwelling
(38.360.210)
—
Three household dwelling or
four-household dwelling
(38.360.210)
—
Townhouses* 3 & rowhouses*
(38.360.240)
—
Two-household dwelling
(38.360.210)
—
Live-work units* —
Ground floor residential —
Group residences
Community residential facilities
with eight or fewer residents*
—
Community residential facilities
serving nine or more residents*
—
Staff Report for 18-449 Nexus Point Zone Map Amendment Page 21 of 24
Cooperative household* —
Group living (38.360.150)* —
Lodging houses* —
Transitional and emergency
housing and related services
(38.360.135)*
S
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(some of which aren't addressed in this table).
3. May be subject to the provisions of chapter 38, article 380.
4. When located on the second or subsequent floor, or basement as defined in section
38.700.030 of this chapter. Lobbies associated with residential uses are allowed on the
ground floor.
5. Non-residential uses (except for lobbies associated with residential uses) are required
on the ground floor to a minimum depth of 20 feet from front building façade on
properties adjacent to designated storefront streets per section 38.500.010.
6. For the purpose of this section, accessory means less than 50 percent of the gross floor
area of the building, and not located on the ground floor.
7. Five or more attached units.
8. Five or fewer attached units.
Table 38.310.040.D
Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning
districts
Uses BP
Industrial and Wholesale
Junk salvage or automobile reduction/salvage
yards
—
Manufacturing, artisan* P
Manufacturing (light)* P 5
Manufacturing (moderate)* P
Staff Report for 18-449 Nexus Point Zone Map Amendment Page 22 of 24
Manufacturing (heavy)* —
Outside storage A
Refuse and recycling containers A
Warehousing* —
Warehousing, residential storage (mini
warehousing) (38.360.180)*
—
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(some of which aren't addressed in this table).
3. For uses in the downtown core as described below, a high volume, pedestrian-oriented
use adjoining the building's entrance on Main Street is required. The downtown core
includes those properties along Main Street from Grand to Rouse Avenues and to the
alleys one-half block north and south from Main Street.
4. Except on the ground floor in the downtown core (those properties along Main Street
from Grand to Rouse Avenues and to the alleys one-half block north and south from
Main Street).
5. Completely enclosed within a building.
6. Limited to 5,000 square feet in gross floor area.
Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial,
mixed-use, and industrial zoning districts
Uses BP
Public, educational, government and regional
Business, trade, technical or vocational school P
Cemeteries* —
Essential services (38.360.140)
• Type I A
• Type II P
• Type III P
Meeting hall —
Production manufacturing and generation facilities
(electric and gas)
—
Public and nonprofit, quasi-public institutions, e.g.
universities, elementary junior and senior high schools
and hospitals
—
Staff Report for 18-449 Nexus Point Zone Map Amendment Page 23 of 24
Public buildings and publicly owned land used for parks,
playgrounds and open space
P
Solid waste transfer station —
Solid waste landfill —
Truck, bus and rail terminal facilities —
Recreational, cultural and entertainment
Adult business (38.360.050)* —
Amusement and recreational facilities —
Arts and entertainment center* —
Casinos —
Community centers (38.360.080)* P
Accessory and/or other uses
Agricultural uses* —
Home-based businesses A
(38.360.140)*
Other buildings and structures (typically accessory to
permitted uses)
A
Temporary buildings and yards incidental to ongoing
construction work
A
Any use, except adult businesses and casinos, approved as
part of a planned unit development subject to the
provisions of division 38.430
C 5
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(some of which aren't addressed in this table).
3. Only lobbies for the applicable use are allowed on designed Storefront block frontages
as set forth in section 38.510.020. Otherwise, the applicable use is permitted when
located on the second or subsequent floor, or basement, as defined in section
38.700.030 of this chapter.
4. Only allowed when service may not be provided from an alternative site or a less
intensive installation or set of installations.
5. Also excludes retail, large scale uses.
Staff Report for 18-449 Nexus Point Zone Map Amendment Page 24 of 24
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: G Force 1 LLP, 1320 Manley Road, Bozeman MT 59715-8779
Applicant: SM Advisory Group, 3661 Jagar Lane, Bozeman MT 59718
Representative: Madison Engineering, 895 Technology Blvd Suite 203, Bozeman MT 59718
Report By: Sarah Rosenberg, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Nexus Point Zone Map Amendment application materials.