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Home My WebLink About01-07-19 City Commission Packet Materials - A1. Nexus Point Zone Map AmendmentPage 1 of 25 18-449 Staff Report for the Nexus Point Zone Map Amendment Public Hearing Date: Zoning Commission public hearing was held 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. Recommended City 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 adopt the findings presented in the staff report and to approve the Nexus Point zone map amendment, with contingencies required to complete the application processing. Report Date: December 19, 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 153 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 2 of 25 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. Zoning Commission On December 18 following a public hearing, the Zoning Commission unanimously adopted (3-0) the recommended motion recommending approval of the application. Several Zoning Commission members expressed support for the motion by citing that the addition of residential to this area is appropriate, given the surrounding land uses. The video of the meeting is available at https://media.avcaptureall.com/session.html?sessionid=32320fea-d0a8-4c14-9abe- ac45676623d1&prefilter=654,3835 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..... 6 SECTION 3 – ADVISORY COMMENTS .............................................................................. 6 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8 SECTION 5 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 8 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 8 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 12 154 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 3 of 25 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 13 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 13 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 14 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 25 FISCAL EFFECTS ................................................................................................................. 25 ATTACHMENTS ................................................................................................................... 25 155 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 4 of 25 SECTION 1 - MAP SERIES CURRENT ZONE MAP 156 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 5 of 25 GROWTH POLICY MAP OF AREA 157 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 6 of 25 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 158 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 7 of 25 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 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 159 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 8 of 25 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 held a public hearing on this zone map amendment on December 18, 2018 and forwards a recommendation of approval to the City Commission on the zone map amendment. 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. 160 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 9 of 25 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. 161 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 10 of 25 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 162 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 11 of 25 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. 163 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 12 of 25 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) 164 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 13 of 25 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. 165 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 14 of 25 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”. 166 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 15 of 25 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 167 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 16 of 25 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 168 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 17 of 25 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 169 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 18 of 25 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)* 170 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 19 of 25 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. 171 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 20 of 25 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. 172 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 21 of 25 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* — 173 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 22 of 25 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 174 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 23 of 25 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 — 175 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 24 of 25 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. 176 Staff Report for 18-449 Nexus Point Zone Map Amendment Page 25 of 25 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. 177 178 179 180 181 Nexus Point Zone Map Amendment Application Narrative Page 1 of 3 NEXUS POINT ZONE MAP AMENDMENT CRITERIA NARRATIVE 1. Zone Map Amendment Criteria a. Is the new zoning designed in accordance with the growth policy? How? Response: Yes, the proposed Zone Map Amendment is in accordance with the City’s Growth Policy, the Bozeman Community Plan. The proposed zoning is R-O Residential Office. The property’s land use designation is Business Park Mixed Use which provides for employment areas with a variety of office uses and technology-oriented light industrial uses. Residential may also be included as an accessory or local service role and will allow for a work-live environment. b. Will the new zoning secure safety from fire and other dangers? How? Response: Yes, the proposed Zone Map Amendment will secure safety from fire and other dangers. The proposed zoning is designed to secure safety from fire and other dangers by requiring development per the City of Bozeman standards. Regulatory provisions established for all City of Bozeman zoning districts ensure an adequate transportation network, fire services, and public utility lines. c. Will the new zoning promote public health, public safety and general welfare? How? Response: Yes, the proposed Zone Map Amendment will promote public health, public safety and general welfare. The proposed zoning will promote public health, safety and general welfare by requiring the property to develop per the City of Bozeman standards and regulations in terms of public health, safety and general welfare. Any future development is subject to review for protection of the public health, safety, and general welfare of the community. Future connection to municipal water and sanitary sewer will reduce water contamination issues from an abundance of groundwater wells and will eliminate environmental risks associated with septic systems. Municipal fire and emergency response services will protect public health and safety and respond to the property at the time of annexation. The subject property falls within the existing City service area. d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements? How? Response: Yes, the proposed Zone Map Amendment will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public 182 Nexus Point Zone Map Amendment Application Narrative Page 2 of 3 requirements. The subject property fronts on South 19th Avenue. Access to the site will likely be from Lantern Drive, the local street on the south side of the property. This application may be required to provide additional right of way across the lot frontages to meet the City’s roadway standards. The subject property falls within the Bozeman School District #7 (BSD). BSD and Montana State University 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. The proposed zoning will facilitate the development of public infrastructure improvements to serve the property as additional water and sewer mains, roadways and access improvements that may be required. The extent of these improvements will be determined during subdivision and/or site plan review. e. Will the new zoning provide reasonable provisions of adequate light and air? How? Response: Yes, the proposed Zone Map Amendment will provide reasonable provisions of adequate light and air as the property will be developed to applicable setbacks, building heights, and buffering standards that have been adopted by the City. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? Response: Yes, the proposed Zone Map Amendment will have an effect on the City’s motorized and non-motorized transportation system. Any new development will affect the City’s transportation system with increased traffic. 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 improvements will be determined during subdivision and/or site plan review. g. Does the new zoning promote compatible urban growth? How? Response: Yes, the proposed zoning does promote compatibility with urban growth as residential zoned properties exist to the west and south and Faith based facilities to the north and east. The applicant is proposing a zoning designation of R-O, residential office district. The adjacent properties to the west and south are zoned high density residential development. The property to the south is currently undeveloped. A large open space wetland/stream corridor exists between the developable area of the property and South 19th Avenue. A Faith based 183 Nexus Point Zone Map Amendment Application Narrative Page 3 of 3 facility is located immediately north of the property and one is proposed on the east side of S 19th. h. Does the new zoning promote the character of the district? How? Response: Yes, the proposed zoning does promote the character of the district. The property to the west and south are zoned residential and the property to the north and west are Faith based facilities. A large open space wetland/stream corridor exists between the developable area of the property and South 19th Avenue. The Genesis Business Park is located to the Northwest of the property. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Response: The proposed zoning will address the affected area’s peculiar suitability for particular uses as the property will be developed to applicable standards that have been adopted per the City of Bozeman’s development standards and regulations j. Was the new zoning adopted with a view to conserving the value of buildings? How? Response: No, there are no existing structures on the property. k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? How? Response: Yes, the proposed Zone Map Amendment will encourage the most appropriate use of land as the need for additional household units near to the MSU campus continues and provides for additional office facilities along the South 19th corridor. The R-O zoning will allow for a work-live environment helping to reduce the impact of traffic or the City’s transportation system. END OF NARRATIVE 184 185