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19-014, Staff Report for Nexus Point Growth Policy Amendment (GPA).
Public Hearing Dates:
GPA - Planning Board Meeting (Public Hearing): February 5, 2019 at 6:00pm in the
City Commission room, City Hall, 121 North Rouse.
GPA - City Commission Meeting (Public Hearing): March 11, 2019 at 6:00pm in the
City Commission room, City Hall, 121 North Rouse.
Project Description: A growth policy amendment to revise the future land use map from
Business Park Mixed Use to Residential Use on 20.18 acres.
Project Location: The property is located at the west side of S. 19th Avenue, south of
Stucky Road and north of W. Graf Street. The property is legally described as the Minor
Subdivision 235, S23, T02 S, R05 E, Lot 1, Acres 20, Genesis Business Park Two Annexation,
Gallatin County, Montana.
Recommendation: Approval with contingencies
Planning Board Recommended Motion: Having reviewed and considered the application
materials, public comment, and all information presented, I hereby move to adopt the
findings presented in the staff report and recommend approval to the City Commission of
the growth policy amendment application 19-014 with contingencies necessary to complete
application processing.
City Commission Recommended Motion: Having reviewed and considered the
application materials, public comment, and all the information presented, I hereby move
to adopt the findings presented in the staff report and to approve the growth policy
amendment with contingencies necessary to complete application processing.
Report Date: January 30, 2019
Staff Contact: Sarah Rosenberg, Community Development Associate Planner
Agenda Item Type: Action- Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
19-014, Staff Report for Nexus Point Growth Policy Amendment. Page 2 of 14
Project Summary
The applicant, SM Advisory Group, requests to amend the Bozeman Community Plan
(Growth Policy) land use designation from Business Park Mixed Use to Residential Use on
one parcel totaling 20.18 acres.
The site is adjacent to the unannexed Genesis Business Park and Grace Bible Church to the
north, the future site for the Yellowstone Theological Institute to the east, and vacant R-4
land to the south. Montana State University is located approximately one mile to the
northeast. South 19th Avenue runs north-south on the eastern portion of the site. The
property was annexed in 2007.
The Growth Policy calls for the development of land with the Business Park Mixed Use. The
applicant is pursuing the path for the land to allow for the majority of the property to be
developed as residential. Business Park Mixed Use allows for a variety of office uses and
technology-oriented light industrial uses along with civic uses. Retail, residential, services,
or industrial uses may also be included in an accessory or local service role. This means that
accessory uses can occupy 20% maximum of the area.
The property was previously designated as Residential and was changed to Business Park
when it was anticipated that Oracle, which is located to the north, was going to expand and
additional B-P zoned property adjacent to the existing campus was needed. Since the
anticipated growth never occurred, switching the underlying zoning to Residential will help
accommodate higher density residential that is in close proximity to employment
opportunities. Business Park Mixed Use allows for R-O zoning, however, it only allows for
residential as a use at 20% or less. The applicant is seeking to develop the site to
accommodate a variety of multifamily housing options and commercial along 19th Avenue.
On January 7, 2019, the City Commission approved application 18-449 to approve the Nexus
Point zone map amendment to change the current zoning from B-P Business Park to R-O
Residential Office.
The subject property is adjacent to City water and sewer services in the right-of-way of South
19th Avenue. Street improvements to South 19th Avenue are planned with site development.
An east west local street connection is also proposed to service the site.
Alternatives
1. Approve the application with the recommended contingencies;
2. Approve the application with modifications to the recommended contingencies;
3. Deny the application based on the Planning Board’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff or
the applicant to supply additional information or to address specific items.
19-014, Staff Report for Nexus Point Growth Policy Amendment. Page 3 of 14
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................. 1
Project Summary ............................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF APPROVAL ............................... 6
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ............................... 10
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 12
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 12
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 12
APPENDIX E – ADVISORY COMMENTS ......................................................................... 12
19-014, Staff Report for Nexus Point Growth Policy Amendment. Page 4 of 14
SECTION 1 - MAP SERIES
Figure 1 Future Land Use Map
19-014, Staff Report for Nexus Point Growth Policy Amendment. Page 5 of 14
Figure 2 Zoning Map
19-014, Staff Report for Nexus Point Growth Policy Amendment. Page 6 of 14
SECTION 2 - RECOMMENDED CONTINGENCIES OF APPROVAL
If the Planning Board recommends approval of the application, the following contingencies
are recommended. Please note that these contingencies are necessary for the City to
complete the processing of the proposed amendment.
Recommended Contingencies of Approval:
1. The applicant shall submit, within forty-five (45) days of approval by the City
Commission, an 8½- x 11-inch or 8½- x 14-inch exhibit titled “2018 NW Corner of
Cottonwood and Oak Growth Policy Amendment” to the Department of Community
Development containing an accurate description of the property for which the growth
policy designation is being amended. The exhibit must be acceptable to the Department
of Community Development.
2. The resolution for the growth policy amendment shall not be drafted until the applicant
provides an exhibit of the area to be re-designated, which will be utilized in the
preparation of the resolution to officially amend the Future Land Use Map of the
Bozeman Community Plan.
SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS
Having considered the criteria established for a growth policy map amendment, the Staff
recommends approval with contingencies for the application as submitted. The
Development Review Committee (DRC) considered the amendment on January 23, 2019.
The Planning Board will hold a public hearing on February 5, 2019 to make a
recommendation to the City Commission for the growth policy map amendment. The City
Commission will hold a public hearing on the growth policy map amendment on March 11,
2019. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at
6 p.m.
SECTION 4 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following criteria. As an amendment is a legislative action, the
19-014, Staff Report for Nexus Point Growth Policy Amendment. Page 7 of 14
Commission has broad latitude to determine a policy direction. The burden of proof, that the
application should be approved, lies with the applicant.
To reach a favorable decision on the proposed application the City Commission must find
that the application meets all of criteria 1-4 of Section 17.4, Bozeman Community Plan
Amendment procedures. In making these findings, they may identify that there are some
negative elements within a specific criteria with the final balance being a positive outcome
for approval.
Section 17.4, Bozeman Community Plan Amendment Criteria.
1. The proposed amendment must cure a deficiency in the growth policy, or
improve the growth policy, to better respond to the needs of the general
community;
Staff first reviewed the proposal for its ability to cure a deficiency. As the City is currently
underway in updating the 2009 growth policy, staff included the recent City commissioned
study titled Demographic and Real Estate Market Assessment by Economic & Planning
Systems, Inc. (EPS) to better understand how the community is changing and establish
projections for population growth, housing needs, and land use designations. The EPS report
is the most current City data regarding land use needs. This helps to determine if the
proposal is curing a deficiency or improving the growth policy through the requested
amendment.
The EPS study projects needs for different land uses and indicates that the Bozeman market
will need 12,700 new housing units from 2017 to 2045, with an average of 500 units being
constructed per year until 2030. The study projects that residential land demand will be 151
- 256 acres until 2020 and 477 - 808 acres from 2021 to 2030. Two scenarios for residential
land demand were prepared: a baseline scenario that continues the approximate
development densities from the last decade, and a more compact development scenario. The
baseline scenario, single household detached homes are modeled at 3 units per acre gross
density, which translates to a lot size of 7100 square feet (4.3 units per acre net density). The
compact development scenario increases gross densities to 5 units per acre for single family
household detached homes which is an average lot size of 4300 square feet (roughly 40 to
45 feet side by 90 to 100 feet deep. Multifamily densities are increased from 20 units per
acre to 25 units per acre on average.
At these densities, the baseline scenario requires 3100 acres of residential land over the next
25 to 30 years. The more compact scenario requires an estimated 1800 acres of residential
land (40 percent less). Based on this study, this proposal will help accommodate the need for
residential land demand at a higher density as the change in future land use designation
enables a greater proportion of housing. The applicant has submitted a concept plan
proposing multifamily housing.
19-014, Staff Report for Nexus Point Growth Policy Amendment. Page 8 of 14
Staff also reviewed the application to determine whether the proposal would result in an
improved growth policy which better responds to the needs of the general community. The
property is located within close proximity to Montana State University and many other
employers. The development would create an opportunity for an infill residential
development and provide more housing for students, faculty, and staff of the university. The
site is also surrounding by residential designated areas to the south, southeast, and
southwest that contains a variety of different residential housing types. A commercial node
is located just north of the property which will accommodate commercial services to the
adjacent residential properties.
Additionally, City services are readily available to the property and the property has access
to 19th Avenue, a principal arterial and a local connector will be proposed with the
development of the site. Staff finds the proposed modification improves the growth policy
to better respond to the needs of the general community by addressing real-world, site
specific opportunities and constraints.
2. The proposed amendment does not create inconsistencies within the growth
policy, either between the goals and the maps or between different goals and
objectives.
The 2009 Bozeman Community Plan Growth was created to “proactively and creatively
address issues of development and change while protecting public health, safety and
welfare.” While the plan outlines goals and implementation strategies to guide development,
some conditions and factors have changed in the past nine years, and the intent of the policy
is to provide for some flexibility to address these changes. When looking at the GPA proposal
only, and not taking any proposed site plan-related development into account, several goals
and objectives within the growth policy support this proposal, including:
Objective LU-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 surround it.
Objective LU-4.10: Encourage development throughout Gallatin County to occur
within existing municipalities and support the local ability to address and manage
change and growth.
Objective C-1.3: Support compatible infill within the existing area of the City rather
than developing land requiring expansion of the City’s area.
Objective H-1.1 - Encourage and support the creation of a broad range of housing
types in proximity to services and transportation options.
Objective G-2.3: Strive to maintain a balanced supply of land for the variety of uses
necessary to support a vigorous city.
Objective ED-2.2: Support the preservation of Gallatin County’s historic agricultural
character and rural lifestyle.
19-014, Staff Report for Nexus Point Growth Policy Amendment. Page 9 of 14
The site specific circumstances including the surrounding land uses, proximity to major
transportation infrastructure, and provision of municipal services, as well as the additional
residential development that is supported by several goals and objectives, provide a
sufficiently compelling case for changing the Business Park Mixed Use designation to
Residential. The R-O zone district supports residential infill at a higher density and also
allows many non-residential uses either as primary uses or accessory uses.
The site is an annexed parcel that is located near compatible development and uses resulting
in the preservation of nearby agricultural and rural properties. As stated above, it is also
located within close proximity to a commercial node. The development that will occur on the
property will follow site specific standards to provide pedestrian connectivity to the
commercial node, nearby parks, the university, and other neighboring properties.
3. The proposed amendment must be consistent with the overall intent of the
growth policy.
The overall intent of the growth policy is to look forward, ensuring that as change occurs, the
things that the community values most remain and thrive (page 1-1). See also the vision
statement in Section 1.2. The proposed growth policy amendment designates land for
residential development that is in demand as the city continues to grow. The site is located
near compatible land uses, community parks, schools, and established transportation
corridors, and served by public facilities. Future development is not expected to compromise
any of the community’s best aspects or values, particularly with the controls in place (zoning,
subdivision review, utility extension requirements) to manage land use change.
4. The proposed amendment will not adversely affect the community as a whole
or significant portion by:
a) Significantly altering land use patterns and principles in a manner contrary to
those established by this plan,
The proposed map amendment will make minor alterations to land use patterns and
principles, and is in alignment with the overall goals and intent of the community.
The property is already annexed to the City, places more residential development in
a desirable location by being close to the university and a commercial center, and will
not have expected negative impacts on adjacent properties.
b) Requiring unmitigated larger or more expensive improvements to streets, water,
sewer, or other public facilities or services, thereby impacting development of
other lands,
No negative impacts to other lands or the community as a whole are anticipated as a
result of the proposed growth policy amendment. The site is within the planned
service area for municipal utilities and the capital improvement plan. Future
development will require municipal review for impacts and specifics for
19-014, Staff Report for Nexus Point Growth Policy Amendment. Page 10 of 14
improvements and connecting to services will be outlined and evaluated at that time.
With site development application, it will be required that an east-west roadway
connection that connects to 19th will be constructed. It is anticipated that this east-
west connection will connect to Arnold Street to the east. This roadway will extend
westward to provide better connected transportation services for future
development.
Appendix E provides early notice to any future developer that there are necessary
infrastructure issues to be resolved prior to or concurrently with development. These
will be adequately addressed through subdivision and/or site review. Therefore,
there will not be adverse impacts from this amendment.
c) Adversely impact existing uses because of unmitigated greater than anticipated
impacts on facilities and services,
No adverse impacts have been identified at this time. The property is located within
the City and has access to municipal services. Additional review will occur during site
development and mitigation of any potentially adverse impacts will be required at
that time, as required by municipal code.
d) Negatively affect the livability of the area or the health and safety of the
residents.
Designation of this site as Residential Use is compatible with surrounding land uses
and should not negatively affect the livability of the area or the health and safety of
residents. The land use change would allow for a community residential
opportunities and limited commercial opportunities to meet the expanding demands
of the city. Therefore, no negative impacts on livability or health and safety are
identified.
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The property is undergoing a Zone Map Amendment. The City Commission approved the
Zone Map Amendment for this property from B-P to R-O on January 7, 2019. The property to
the north is located in Gallatin County and is zoned R-O. The property to the south is zoned
R-4 and is currently vacant. The property to the southeast is zoned R-1 and the property to
the northeast is zoned REMU.
Adopted Growth Policy Designation:
The following designations are applicable to this application.
19-014, Staff Report for Nexus Point Growth Policy Amendment. Page 11 of 14
Existing – 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.”
Proposed - Residential. The growth policy states, “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…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.”
Future Land Use Map. This map is a synthesis of many different ideas, public input, existing
conditions, and existing and desired land use patterns for the future. The map is the visual
representation of the land use patterns and ideas discussed in this chapter, and elsewhere
throughout this document. The map shows in a very broad manner acceptable uses and
locations throughout the community. It does not represent a commitment by the City to
approve every development proposed within each category. Neither does a designation
indicate that a property is free from constraints to development.
The map and other elements of this plan must be weighed and evaluated in conjunction with
the specific details of a proposed project which are beyond the scope of this plan but will be
addressed through the implementation tools discussed in Chapter 16 and Appendix I. The
19-014, Staff Report for Nexus Point Growth Policy Amendment. Page 12 of 14
provisions of any intergovernmental agreement between the City and County regarding land
use will influence the final development pattern with the defined planning area.
This plan looks at a twenty-year horizon as well as the current situation, so it is to be
expected that some areas which are not in conformance with the plan will be identified. This
plan recognizes the presence of these uses without specifically mapping or otherwise
identifying them. It is desired that these anomalies be resolved over the term of this plan so
that the land use pattern identified herein may be completed.
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
A growth policy amendment proposal to revise the future land use map from Business Park
Mixed Use to Residential on 20.18 acres plus adjacent public rights-of-way.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was sent via US first class mail to all owners of property located inside the site
and within 200 feet of the perimeter of the site. The project site was posted with a copy
of the notice. The notice was published in the Legal Ads section of the Bozeman Daily
Chronicle on at least 15 days and not more than 45 days prior to the public hearings.
The Planning Board public hearing is scheduled for February 5, 2019 and the City
Commission public hearing is scheduled for March 11, 2019.
No public comment has been received as of the writing of this report.
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
APPENDIX E – ADVISORY COMMENTS
The following are provided to identify issues that will be addressed at the time of future land
development. These issues will be reviewed and required mitigation of impacts will reflect the
circumstances and planning documents in existence at the time of review.
19-014, Staff Report for Nexus Point Growth Policy Amendment. Page 13 of 14
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
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 City will review design plans for impacts to public
infrastructure. 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.
3. Upon future development, a traffic impact study (TIS) may be required depending on the
specific business proposed in the building and the associated traffic demands. The City
Engineering Department will need more detail on peak hour traffic generation to
determine the need for a TIS.
4. All other comments from Application No. 18449 for the Nexus Point Zone Map
Amendment apply.
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this growth policy amendment.
ATTACHMENTS
19-014, Staff Report for Nexus Point Growth Policy Amendment. Page 14 of 14
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials