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HomeMy WebLinkAboutZC ZMA_staff_report - Bozeman Medical Arts Parking LotPage 1 of 22 19-258 Zoning Commission Staff Report for the Bozeman Medical Arts Center Parking Lot Zone Map Amendment Public Hearing Dates: Zoning Commission public hearing will be held on September 3, 2019 City Commission public hearing will be held on September 16, 2019 Project Description: Amendment of the City Zoning Map from R-4 to B-3 on 0.70 acres. Project Location: The property is located at the southwest corner of the intersection of N. Willson Avenue and E. Villard Street. The Zone Map Amendment applies to Lots 1 – 6, Block 4 of Beall’s Third Addition to the City of Bozeman, together with a strip of land 8.5 feet in width lying east of and adjoining said Lots 1-6 and half of the streets and alley adjacent to the lots, located in the NW ¼ of Section 7, Township 2 South, Range 6 East, City of Bozeman, Gallatin County, Montana. Recommendation: Meets minimum standards for approval with contingencies. Zoning Commission Recommended 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 19-258 and move to recommend approval of the Bozeman Medical Arts Center Parking Lot Zone Map Amendment, with contingencies required to complete the application processing. Report Date: August 28, 2019 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues None identified at this time. Project Summary Jeffrey O’Neill, Trustee of the Paul A. Violich Trust and Jeffery O’Neill, Successor Trustee of the 1988 Vosti Trust (landowner) and Comma-Q Architecture (applicant), request rezoning of the existing lots and the accompanying adjacent rights-of way from R-4 (Residential High Density District) to B-3 (Downtown Business District). Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 2 of 22 The subject property is a portion of a larger ownership parcel that presently has both B-3 and R-4 zoning applied to it. Currently the site contains over half of a parking lot that serves as employee and patient parking for the Bozeman Medical Arts Center located to the east across N. Willson Avenue from the parking lot. The property proposed for the zone map amendment contains no buildings. The property is surrounded by land zoned residential and commercial, with R-4 to the north and west, and B-3 to the east and south, including B-3 on the rest of the parking lot and the Bozeman Medical Arts Center itself. The application indicates the intent of the zone map amendment is to correct a discrepancy between the residential zoning and the land use classification for the property of “Community Core” on the Bozeman Community Plan’s future land use map. The Community Core designation is a land use designation associated with downtown that is accommodating of commercial uses. No plans for redevelopment of the site have been submitted. Alternatives 1. Recommend approval of the application with contingencies as presented; 2. Recommend approval of the application with modifications to the recommended contingencies; 3. Recommend denial of the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 3 of 22 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 8 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 9 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 9 Spot Zoning Criteria ......................................................................................................... 16 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 18 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 18 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 19 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 19 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 21 FISCAL EFFECTS ................................................................................................................. 21 ATTACHMENTS ................................................................................................................... 22 Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 4 of 22 SECTION 1 - MAP SERIES Map 1: Oblique view of the site and immediate vicinity Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 5 of 22 Map 2: Zoning (see outlines and labels) and Community Plan’s Future Land Use Map designations (see shaded colors/legend) Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 6 of 22 Map 3: Existing Land use and Zoning District Boundaries vicinity map Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 7 of 22 Map 4: Existing Zoning Boundaries, Amendment Area (in green), and Overall Parcel (in pink) Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 8 of 22 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish the amended municipal zoning designation of B-3 shall be identified as the “Bozeman Medical Arts Parking Lot Zone Map Amendment”. 2. That the applicant must submit a zone amendment map titled “Bozeman Medical Arts Parking Lot Zone Map Amendment”. The map must be supplied on: 1) a mylar for City records (either 18" by 24" or 24” by 36” size); 2) a reduced 8 ½" x 11" or 8 ½” by 14" exhibit suitable for filing at the County Clerk & Recorder; 3) an editable digital copy for the City Engineer’s Office; and 4) a PDF. This map must be acceptable to the City Engineer’s Office and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 3. 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. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, Staff finds the application meets the minimum standards for approval of the Bozeman Medical Arts Parking Lot Zone Map Amendment (ZMA) as submitted. The Development Review Committee (DRC) considered the amendment on July 17, 2019. 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 September 3, 2019 at 6 pm at 121 N. Rouse Avenue, and will forward a recommendation to the City Commission on the ZMA. The City Commission will hold a public hearing on the ZMA on September 16, 2019. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 9 of 22 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission must 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 meets or is neutral for criteria A-D. Criteria E-K must be considered and may be found to be positive, neutral, or negative. A favorable decision on the proposed application must find that the application meets or is neutral for all of criteria A-D and that the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. The overall property is currently zoned a mix of B-3 Downtown Business District and R- 4 Residential High Density District. The proposed amendment places the B-3 district on the entire property. The future land use map of the Bozeman Community Plan (Growth Policy) designates the overall property as “Community Core.” The Community Core growth policy designation of the Community Plan correlates only with the B-3, UMU, and PLI districts on the City zoning map. There are no adjacent UMU or PLI zoned areas. This leaves B-3 as the best fit to the future land use map. The correlation between zoning district and the growth policy is set by Table C-16, “Zoning Correlation With Land Use Categories” in Appendix C of the Community Plan (and shown in Appendix C of this report). To be in accord is “to bring into agreement; or to be consistent or in harmony.” The proposed B-3 Downtown Business District zoning designation increases accordance of the zoning map, especially at this location, with the Community Plan by correcting the existing discrepancy between the future land use map designation and that of the zoning map. Additionally, the proposed zone map amendment advances the following goals and objectives of the growth policy: Land Use Goal LU-1: “Create a sense of place that varies throughout the City, efficiently provides public and private basic services and facilities in close proximity to where people live and work, and minimizes sprawl.” Land Use Objective LU-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 Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 10 of 22 regulations, capital improvements, subdivision regulations, coordination with other governmental entities, and other implementation strategies.” Land Use 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 surrounds it. Respect for context does not automatically prohibit difference in scale or design.” The proposed amendment advances LU-1.1 by correcting a discrepancy between the future land use map of the growth policy and the zoning map. The proposed amendment advances LU1.4 by correcting a discrepancy between the future land use map of the growth policy and the zoning map. This correction enable future development to show compliance with the growth policy, a criterion for all site plan reviews. Additional density is supported on the site as the B-3 allows a greater percentage of lot coverage and height. Respect for context is provided by the zone transition standards and other development standards applicable to the B-3 zone. Objective LU-3.3: Encourage a traditional mix of diverse commercial and residential uses within the downtown to instill an active atmosphere and twenty-four hour presence. The proposed amendment advances LU-3.3 by providing for B-3 which has a greater diversity of commercial and residential opportunities than the dominant residential uses of the R-4 district. The downtown area is more typified by commercial activities happening at the ground floor with residential options on 2nd floors and above. Community Quality Goal C-1: “Human Scale and Compatibility — Create a community composed of neighborhoods designed for the human scale and compatibility in which the streets and buildings are properly sized within their context, services and amenities are convenient, visually pleasing, and properly integrated.” Community Quality 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.”’ Neighborhoods can have a diverse character. Neighborhood is defined in the growth policy glossary as: “An area of Bozeman with characteristics that distinguish it from other areas and that may include distinct economic characteristics, housing types, schools, or boundaries defined by physical barriers, such as major highways and railroads or natural features, such as watercourses or ridges. A neighborhood is often characterized by residents sharing a common identity focused around a school, park, business center, or other feature. As a distinct and identifiable area, often with its own name, neighborhoods are recognized as Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 11 of 22 fostering community spirit and a sense of place, factors recognized as important in community planning.” The site is located in the North East Neighborhood Association (NENA) recognized by the City. NENA’s boundaries include residential, commercial, industrial, and institutional uses at a wide variety of scales and intensity. Chapter 38 of the municipal code contains various development standards to address compatibility at zoning district boundaries and to lessen or prevent new development from negatively impacting adjacent development whether on a zoning boundary or not. Examples include form and intensity standards, zone edge transitions, parking lot screening, and the design standards of Article 38.5 of the municipal code. Such standards support and implement Land Use Objective LU-1.4, Land Use Goal LU-3, and Community Quality Goal C-1 and Objective C-1.3. Human scale development is supported through the City’s standards for transparency, materials, limitation on blank walls, and other elements of Article 38.5 and Chapter 4B of the Neighborhood Conservation Overlay District design guidelines. The growth policy defines both Compatible Development and Land Use. Elements of the zoning standards, as described above, have been adopted to address the application of these definitions to specific site developments. “Compatible Development. The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of this plan. Elements of compatible development include, but are not limited to: variety of architectural design; rhythm; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design. Compatible Land Use. A land use which may by virtue of the characteristics of its discernible outward effects, exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light, and the presence of physical hazards such as combustible or explosive materials.” No conflicts with the Growth Policy have been identified. B. Secure safety from fire and other dangers. Yes. The subject property is currently served by City of Bozeman Fire and Police Departments. Future development of the property must conform to all City of Bozeman public safety, building, and land use requirements, which will ensure this criterion is met. The zone change from R-4 to B-3 will not adversely impact safety from fire and other dangers. Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 12 of 22 C. Promote public health, public safety, and general welfare. Yes. Potential future development of the site will require site plan review and compliance with the City’s regulations including Chapter 38, 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. Site plan or other review as required by Division 38.230 – Plan Review will require any future development to demonstrate availability of required infrastructure and compliance with all applicable development standards before any construction may occur. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes. Any redevelopment of the property will be required to meet city standards for water, sewer, or transportation system upgrades or restrictions resulting from proposed future development. The adequate provision of public requirements is addressed as a part of the development review process if the property is proposed for redevelopment. Change in the district alone does not authorize a change in use from the current parking lot use. No new development can be constructed until adequate infrastructure is demonstrated to exist. Completion of required improvements for any proposed use is subject to the timing and performance requirements of 38.270.020 and 38.270.030 of the municipal code. Development of any new use of the site will be required to offset impacts on water, parks, etc. as laid out in Chapter 38 of the municipal code. E. Reasonable provision of adequate light and air. Yes. Bozeman’s Unified Development Code includes requirements for providing adequate light and air including maximum building height, lot coverage, and setback requirements. Future redevelopment of the property will be subject to these provisions. The B-3 district (38.320.050) allows more intensive development than R-4 (38.320.030). Smaller setbacks, greater allowed height, and greater lot coverage provide for the more intensive development. The City Commission has, after proper public hearings and consideration, identified the overall combination of standards for the B-3 district as adequate to meet this criterion for both residential and non-residential development. Section 38.520.060 requires evaluation and where appropriate provision of on-site open space for both commercial and residential uses at the time of site development. Further, the site has streets on two sides and an alley to the west that ensure that there will be access to light and air to the site. F. The effect on motorized and non-motorized transportation systems. Neutral. A change in zoning from R-4 to B-3 will not itself change the use of the property from a parking lot for the Bozeman Medical Arts building. Therefore, there is no anticipated immediate effect on transportation systems from the change in zoning designation. Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 13 of 22 Redevelopment of the property for other uses is required to comply with transportation-related standards and is reviewed for impacts on the surrounding city streets and sidewalks. Redevelopment under existing or proposed zoning allows substantial intensification of use. It is impossible at this time to identify a specific number of vehicle and pedestrian trips that may be caused by redevelopment due to the wide range of possible redevelopment alternatives. The City’s transportation master plan, adopted in 2017, describes general theoretical roadway capacities in Section 2.4.1, page 41. As it notes, there are many variables that influence actual capacity in any given street segment. The maximum theoretical capacity for a two lane road is 12,000 vehicles per day. This represents a car passing approximately every 7 seconds during the entire 24 hours of a day. Local streets are not expected to carry as much traffic as two lane collector or arterial streets. Both Willson Avenue and Villard Street are local streets. Traffic counts have not been conducted on streets adjacent to the proposed zoning change. However, observation indicates that actual usage is well below the theoretical maximum. If future redevelopment occurs, then evaluation of vehicle loads, traffic control, pedestrian facilities, and other related issues will be examined. Articles 38.4 and 38.5 of the municipal code establish standards for infrastructure and site design to address these issues. G. Promotion of compatible urban growth. Yes. The application location is deep within the City boundaries and will have no noticeable impact on properties on the edge of the City. The zone change expands the B-3 Downtown Business District by approximately a quarter of one city block. The change conforms to the Community Plan’s future land use map designation of Community Core. The property in question is on the boundary of the existing R-4 Residential High Density District and B-3 Downtown Business District in an area with a mix of residential and commercial uses. The property’s location lends itself to a wide variety of land uses. If the property is to be redeveloped, the most appropriate uses are those allowed in the proposed B- 3 district, some of which would not be allowed in the existing R-4 district. The use, form and intensity standards of Article 38.3 and the design standards of Article 38.5 address the details of site and building design to address compatibility with adjacent properties. See also the discussion under Criterion A. H. Character of the district. Yes. The proposed amendment does not alter the text of, or associated standards for, the R-4 or B-3 zoning districts. The character of those two districts remains unchanged. Therefore, in considering this criterion we look at the geographical area being changed in zoning designation. There is no specific distance from a zone map amendment which has been defined as the boundaries of the area to always be considered. The nature of cities is of overlapping activities and boundaries such as school attendance areas, commercial enterprises, homes, Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 14 of 22 geographical features such as streams, and travel distances to common services which are variable by each person. The property is located at the edge of presently overlapping and conflicting zoning and planning boundaries. The character of the larger area looking out several blocks as shown on the existing land use map in Section 1 is a mix of medium density residential uses with a mix of different housing types and scales as well as various commercial uses at different scales. The existing R-4 district on the project site allows for a substantially more intensive residential development than the individual detached homes which presently exists across the alley to the west or the street to the north. To the west is also zoned as R-4 and to the north is zoned R-3. There have been taller buildings nearby within the area for many years. The Medical Arts building located to the east is 3 to 4 stories and was constructed in 1966. The former Bozeman Deaconess Hospital is 3.5 to 4 stories and was constructed in 1946. The long term use of the site as a parking lot has been in support of B-3 uses at the adjacent Medical Arts building. The zone change to B-3 and the subsequently allowed uses in the proposed B-3 district would be consistent with the character of this adjacent area of the B-3 district. It should be noted that, as the applicants’ project narrative (element 2.1 of the application) discusses, the newly adopted 2019 Downtown Bozeman Improvement Plan focuses on five concepts, one of which is “More than Main Street”. The plan for the downtown district explains that the downtown will expand beyond the identifiable historic district core to encompass a larger urban core than provided along Main Street. Although the plan includes a recommendation that is not intended to meaningfully expand the B-3 district, the map on page 111 of the plan identifies this area as one of three sites where a small amount of commercial core land uses extend beyond the B-3 zone, creating conflict. The Plan states, “the hope is that minor boundary adjustments will address potential land use conflicts and reduce the potential for future challenges.” This zone map amendment would correct this inconsistency and promote the Plan’s intent to eliminate conflicts between planning and zoning designations. As shown in Section 1, there are many different land uses close to the site. Medium density residential dominates to the north and west. Commercial uses dominate to the east and south. Villard is the northern limit to the B-3 zone. The proposed change is south of Villard and adjacent on the east and south to the existing B-3 district. The area surrounding the proposed map amendment is experiencing redevelopment within the existing zoning districts. Within 300 feet of this amendment, three redevelopment projects were approved and are under construction at this time. These range from solely residential development at the NW corner of Beall Street and Grand Avenue to mixed residential and office at Willson and Lamme Street. Some differences in the character of nearby uses must be expected as there are three different zoning districts which are adjacent to this property. The only district which is not separated Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 15 of 22 from this property by a right of way is B-3. Section 38.300.050 sets the standards for interpreting zoning district boundaries. The first guidance is that zoning boundaries follow streets. This provides a physical separation between difference districts thereby lessening any potential impacts between districts. The designation of this particular property as B-3 will not in any way alter the allowed uses, design standards, or other standards of the B-3 district. As discussed in Criterion E, the B-3 district (38.320.050) allows, but does not force, more intensive development than R-4 (38.320.030). Smaller setbacks, greater allowed height, and greater lot coverage provide for the more intensive development. Several of the public comments received to date have expressed concerns about loss of parking for the Bozeman Medical Arts building, buildings displacing the parking and being of larger mass and scale than adjacent detached homes, possible commercial use of the site, and increased intensity of development on the site. All of these changes could occur under the R-4 zoning existing on the site today. The R-4 zoning allows for offices and other non-residential uses to occur on a site in association with housing. A mixed use building could have a ground floor vehicle garage, offices, and homes on upper floors with a maximum height of 44 feet which is equivalent to 3 to 3.5 stories. The adjacent homes to the west and north are one to two story. Leaving the R-4 zoning in place does not prevent material change in the use and character of the lot. The site is located within the Neighborhood Conservation Overlay District (NCOD). An overlay district is a geographically defined area that has standards that supplement the standards associated with individual zoning districts. In this case, the NCOD addresses building design and historic properties. The NCOD does not modify uses allowed on a property. Location within the NCOD does not restrict changes to the underlying zoning districts in text or boundaries. Location within the NCOD is not itself a recognition of historic significance but the NCOD supports and integrates with the City’s historic preservation program. The design guidelines and standards adopted in support of the NCOD have different chapters that address historic and non-historic properties, residential and non-residential properties, and items that are generally applicable. This area is presently subject to Chapter 3, Guidelines for Residential Character Areas, and if changed in zoning designation will become subject to Chapter 4B, Guidelines for the B-3 Commercial Character Area, of the NCOD design guidelines. Most of the NCOD standards are not applicable to the present use of the site as there are no buildings associated with that use. Any redevelopment of the site will be evaluated according to the applicable standards. I. Peculiar suitability for particular uses. Neutral. The site is flat, served with all municipal utilities, is well connected to the street network, and free from development constraints. The existing use of the property as a parking lot is a land use compatible with the proposed B-3 district and this property’s location and Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 16 of 22 surroundings. The change to B-3 would subsequently allow continued use as a parking lot or redevelopment of the property for other uses that would be required to comply with the allowed land uses and development standards for B-3, at which time site specific conditions would be considered, as the zoning standards dictate. The property is well suited for either R-4 or B-3 intensity and type of development. J. Conserving the value of buildings. Neutral. No buildings are located on the property. Therefore, the amendment will have no effect on buildings within the boundary of the amendment. The proposed zone change from R- 4 to B-3 would allow future redevelopment of the property in accordance with B-3. The B-3 district allows for a wider variety of land uses than the existing R-4. This zone change would not itself impact the value of buildings in a measurable way, especially considering the use of the property as a commercial parking lot, and future uses are unknown. There are many portions of the area zoned as B-3 which are adjacent to similar residential development as are present adjacent to this site. All residential development adjacent to the site is separated from the site by a street or alley. The site has potential for development under the existing R-4 zoning or the B-3 zone. No redevelopment can occur until parking for the Bozeman Medical Arts building is provided elsewhere or through alternative methods. As discussed above, the City has adopted a variety of standards to avoid or mitigate impacts on adjacent properties. These will apply whether the property is redeveloped under the R-4 or B- 3 districts. Therefore, the change should the conserve value of buildings. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The proposed change from R-4 to B-3 expands the B-3 Downtown Business District to encompass a property already used in support of uses located inside with the B-3 district. It is consistent with the future land use map of the Bozeman Community Plan that indicates community core uses are appropriate for this location. As discussed in Criterion A, the B-3 district is an implementing district of the Community Plan’s future land use map designation of Community Core. The downtown’s core B-3 zoning district would therefore be expanded in a manner that would incrementally encourage appropriate land uses throughout the area by implementing the Community Core designation. As noted in Criterion A above, a zoning map should be consistent with the growth policy. By rezoning the property in a manner consistent with the Community Plan’s future land use map, the City’s coordinated plan for the jurisdictional area will be implemented to encourage the most appropriate use of land throughout the City. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 17 of 22 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 all three of the following 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. As discussed above, the subject property is surrounded by a wide variety of residential and commercial uses. The proposed zoning would allow commercial and other uses that are similar to adjacent development patterns. The area proposed to be changed in zoning has B-3 zoning adjacent on the east and the south side of the area. The area to be rezoned is a portion of a parcel which already has B-3 applied to it. See the Section 1 maps for more detail. The site has been used in support of uses located within B-3 (Bozeman Medical Arts building) for many years. The proposed B-3 zoning designation does not result in primary uses of the site which are significantly different from prevailing land uses in the area. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. The proposed B-3 zoning designation is being requested by one landowner and would apply to one property comprised of six lots and the adjacent city street rights-of- way, totaling 0.7 acres. The proposed B-3 zoning designation is not anticipated to directly benefit surrounding landowners. However, it is important to consider the fact that the property is currently situated in a corner of the R-4 district, with the proposed B-3 district adjacent on two sides. The parcel being affected by the change has both B- 3 and R-4 zoning applied to it. The change is an incremental expansion of the entire B- 3 district and is physically contiguous to the B-3 district.. For this reason, the zone change does not appear to be an attempt to “spot zone” the property. This zone change would amend the zoning map to place the entirety of the property into the B-3 district, which is a district central to the Community Plan and consistent with the current use of the site and the surrounding area. 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 or “expense” to the surrounding landowners or the general public have been identified as potentially attributable to this amendment. See analysis and discussion in Criteria A-K above. As discussed in the various review criteria above, the proposed B-3 zoning designation will allow for additional commercial use and/or redevelopment in an appropriate area as per recent city plans, and will help meet the projected demand for the uses allowed in the B-3 district. Review Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 18 of 22 of demands and impacts from future development will be evaluated at the time development is proposed and mitigation of impacts will be required as justified and required by law. As the change is generally consistent with the character of the area and the growth policy future land use map and policies this change is not of benefit only to the applying landowner(s). Based on the above analysis of the spot zoning factors, it does not appear the proposed ZMA would constitute illegal “spot zoning”. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND A ZMA application requesting amendment of the City of Bozeman Zoning Map for existing properties consisting of approximately 0.45 acres and the accompanying adjacent rights-of Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 19 of 22 way, for a total of 0.7 acres, from R-4 (Residential High Density District) to B-3 (Downtown Business District). No other applications indicating specific plans for modifying or redeveloping the property for alternate land uses have been submitted to the City of Bozeman with the ZMA application. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US 1st Class mail on Wednesday, July 31, 2019 to all owners of property located inside the proposed change and within 200 feet of the perimeter of the change. The project site was posted on Friday, August 2, 2019. Notice was published in the Legal Ads section of the Bozeman Daily Chronicle on Sunday, August 4, 2019 and Sunday, August 11, 2019. Several public comments have been received. A single comment with 13 signatures representing eight properties was submitted on August 14th. All received comments are included in the Zoning Commission packet. Comment focused on maintaining present function as a parking lot, character of the area and expected changes from the change in zoning, scale and mass of possible future redevelopment, and not wanting business development in the block. Any additional public comments received will be provided to the Zoning Commission. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as Community Core on the Bozeman Community Plan’s future land use map. The description for the Community Core land use category is as follows: Community Core. The traditional core of Bozeman is the historic downtown. This area has an extensive mutually supportive diversity of uses, a strong pedestrian and multi- modal transportation network, and a rich architectural character. Essential government services, places of public assembly, and open spaces provide the civic and social core of town. Residential development on upper floors is well established. New residential uses should be high density. The area along Main Street should be preserved as a place for high pedestrian activity uses, with strong pedestrian connectivity to other uses on nearby streets. Users are drawn from the entire planning area and beyond. The intensity of development is high with a Floor Area Ratio well over 1. Future development should continue to be intense while providing areas of transition to adjacent areas and preserving the historic character of Main Street. Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 20 of 22 As Table C-16 from the Bozeman Community Plan shows, the proposed zoning of B-3 is an implementing district for the future land use designation of “Community Core”, whereas the existing zoning of R-4 does not implement the Community Core designation. Table C-16 Zoning Correlation With Land Use Categories Zoning Districts Plan Category R-S R-1 R-2 R-3 R-4 R-5 *** R-O REMU** RMH B-1 B-2 B-2M *** B-3 UMU M-1 M-2 BP NEHMU PLI Residential ● ● ● ● ● ● ● ● ● Residential Mixed Use Emphasis ● ● ● ● ● ● Suburban Residential ● ● ● Regional Commercial and Services ● ● ● ● Community Core ● ● ● Community Commercial Mixed-Use ● ● ● ● ● Business Park Mixed Use ● ● ● ● Industrial ● ● ● ● ● Public Institutions ● Parks, Open Space, and Recreational Lands* ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● Golf Courses ● ● Present Rural ● *Parks are depicted on Figure 3 in almost all zoning districts. Open spaces for a variety of purposes are created under all zoning districts. Indication in this table does not create an allowance for uses other than parks and open spaces that are not already included in the zoning district. **The Residential Emphasis Mixed Use zoning district was created by Ordinance 1802 with final adoption on April 11, 2011. ***The R-5 and B-2M zoning districts were created by Ordinance 1942 with final adoption on May 25, 2016. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-3 Downtown Business District. The intent of the B-3 district is to provide a central area for the community's business, government service and cultural activities with urban residential development as an essential supporting use. The Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 21 of 22 downtown B-3 district should be the area of greatest density of development, intensity of use, and appropriate infill. Design standards reinforcing the area’s historical pedestrian-oriented context are very important. This district encourages high volume, pedestrian-oriented uses in ground floor space in the "core area" of the city's central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower volume pedestrian uses such as professional offices may locate on ground floor space in the downtown B-3 area outside the above-defined core. The subject property is located outside the “core area” of the city’s central business district defined in the zoning regulations; therefore, if the zone map amendment is approved, the B-3 designation would encourage “lower volume pedestrian uses” on the ground floors of future buildings, as opposed to “high volume, pedestrian-oriented uses” in ground floor spaces. The authorized use tables in Sec. 38.310.040 of the Municipal Code list the allowed land uses for the B-3 district. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Initial Owners: (1) Jeffrey O’Neill, Trustee of the Paul A. Violich Trust, and (2) Jeffery O’Neill, Successor Trustee of the 1988 Vosti Trust. Address: Bozeman Medical Arts Center, 300 N Willson Ave., Bozeman, MT 59715 Current Owner: Medical Arts Building LLC, 300 N. Willson Avenue, Room 400, Bozeman MT 59715 (deed recorded August 7, 2019 with Gallatin County Clerk & Recorder) Applicant: Comma-Q Architecture, 109 North Rouse Ave., Bozeman, MT 59715 Representative: Comma-Q Architecture, 109 North Rouse Ave., Bozeman, MT 59715 Report By: Chris Saunders, Community Development Manager FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. Zoning Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment Page 22 of 22 ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.