HomeMy WebLinkAbout09-16-19 City Commission Packet Materials - A2. Billings Clinic ZMAPage 1 of 22
19-265 Staff Report for the Billings Clinic Zone Map Amendment
Public Hearing Date: Zoning Commission public hearing is on August 20, 2019
City Commission public hearing is on September 16, 2019
Project Description: Billings Clinic zone map amendment requesting amendment of the
City Zoning Map for a portion of an existing lot consisting of approximately 16.80
acres / 731,808 square feet from R-O Residential Office to B-2 Community
Commercial.
Project Location: The property is generally located to the east of Davis Lane and south of
Westlake Road. The property is legally described as Lot 2A, Minor Subdivision
221E, Township 1 South, Range 5 East, 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 19-265 and
move to recommend approval of the Billings Clinic 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 19-265 and
move to adopt the findings presented in the staff report and to approve the Billings
Clinic zone map amendment, with contingencies required to complete the application
processing.
Report Date: September 3, 2019
Staff Contact: Sarah Rosenberg; Associate Planner
Agenda Item Type: Action - Legislative
342
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 2 of 22
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
The applicant, Billings Clinic, requests rezoning of a portion of an existing lot
totaling 16.80 acres from R-O Residential Office to B-2 Community Commercial.
The subject property is currently used for agriculture with associated buildings. The
property is surrounded by undeveloped land, rural residential uses, and open space.
The rezone request is intended to address the current split zoning of the property by
changing the portion currently zoned R-O to B-2, thereby establishing consistent
zoning across the parcel. The applicant recently submitted a separate request to
change the future land use designation of the property from Residential to Regional
Commercial and Services, which was approved on June 3, 2019.
Planning Board Summary
The Bozeman Planning Board held a public hearing on the associated Growth Policy
Amendment on Tuesday, June 18, 2019. The Planning Board voted unanimously to
recommend that the City Commission modify the Future Land Use map to
accommodate the proposed zoning classification.
Zoning Commission Summary
On August 20, 2019 the Bozeman Zoning Commission held a public hearing to
consider the request to amendment of the City Zoning Map for an existing lot
consisting of approximately 16.80 acres / 731,808 square feet from R-O Residential
Office to B-2 Community Commercial. No public comment was heard on the
application. In conclusion, the Zoning Commission voted 3:0 to recommend that the
City Commission change the City’s zoning map as described in the application.
Meeting minutes have not been prepare at the time of production of this report. A full
video recording of the proceedings can be viewed at the following link.
https://media.avcaptureall.com/session.html?sessionid=2d2c149f-d74b-4f06-892c-
6e9a7cf0b1b6&prefilter=654,3835
343
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 3 of 22
Alternatives
1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
344
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 4 of 22
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Planning Board Summary ................................................................................................... 2
Zoning Commission Summary ........................................................................................... 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 6
SECTION 3 – ADVISORY COMMENTS .............................................................................. 6
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 8
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 8
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 12
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............................ 21
FISCAL EFFECTS ................................................................................................................. 21
ATTACHMENTS ................................................................................................................... 22
345
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 5 of 22
SECTION 1 - MAP SERIES
Map 1: Project Vicinity
Map 2: Current Zoning
Subject Property
Subject Property
346
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 6 of 22
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. All documents and exhibits necessary to establish an initial municipal zoning
designation must be identified as the “Billings Clinic Zone Map Amendment”.
2. The applicant must submit a zone amendment map, titled “Billings Clinic Zone Map
Amendment”, on a 24” by 36” mylar, 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. The map must contain a metes and bounds legal description of the perimeter of the subject properties, zoning district, 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. Future Impact Fees - Please note that future building permit applications will require
payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit
issuance. If you desire an estimate of the required impact fees according to current rates
please contact the Department of Community Development and/or
visit www.bozeman.net.
2. 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 East Valley Center Road including paving,
curb/gutter, sidewalk, lighting and storm drainage b. Street improvements to North 27th Avenue including paving, curb/gutter,
sidewalk, lighting and storm drainage
c. Street improvements to Catamount Street including paving, curb/gutter,
sidewalk, lighting and storm drainage
d. Street improvements to Davis Lane including paving, curb/gutter, sidewalk, lighting and storm drainage
347
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 7 of 22
e. Street improvements to West Lake Road including paving, curb/gutter,
sidewalk, lighting and storm drainage
f. Intersection improvements to East Valley Center Road and North 27th
Avenue g. Intersection improvements to East Valley Center Road and Davis Lane
h. Intersection improvements to East Valley Center Road and Catamount
Street
i. Intersection improvements to Catamount Street and North 27th Avenue
j. Intersection improvements to Catamount Street and Davis Lane
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 with a future
development application.
3. Upon future development, right-of-way and full street sections per the City’s
Transportation Master Plan for the surrounding streets must be provided as per
Bozeman Municipal Code (BMC) 38.400.010.A. In addition, an appropriate local
street grid meeting the block length standards, per BMC 38.410.040, must be constructed. The intersection of West Lake Road and East Valley Center will need be
redesigned to meet the City’s intersection design standards, per BMC 38.400.030. and
the City’s Design Standards and Specifications Policy (DSSP) manual.
4. Future development relies on a number of sanitary sewer infrastructure pieces defined in the City’s Wastewater Collection Facility Plan, which includes the proposed Davis Lane Lift Station and East Valley Center Road Extension. Development within the
property will not be permitted until the subsequent infrastructure has been constructed
to serve the property. The applicant is advised that off-site infrastructure does not
qualify for concurrent construction.
5. Upon future development, a looped water distribution system consistent with the City
of Bozeman Water Facility Plan must be constructed, which specifies a 12-inch main
in North 27th Ave and an extension in East Valley Center Road.
6. The applicant must provide water rights and/or payment of cash-in-lieu of water rights upon future development, per BMC 38.410.130.
7. Upon future development, the applicant must construct a trail network through the
property as defined in the City Parks, Recreation, Open Space, and Trails (PROST)
Plan.
348
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 8 of 22
8. Upon future development, the applicant must construct a stormwater system
consistent with the requirements of the DSSP. The northwest quadrant of Bozeman
experiences seasonal high groundwater. Prior to the approval for future development
the seasonal high groundwater elevation must be identified.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Development Review Committee (DRC) considered the
amendment on July 23, 2019. 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 August 20,
2019 and forwarded its recommendation for approval to the City Commission on the zone
map amendment. The hearing was held at 121 N. Rouse Avenue, Bozeman at 6 p.m.
The City Commission will hold a public hearing on the zone map amendment on September
15, 2019. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will
begin at 6 p.m.
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
In considering the criteria the analysis must show that the amendment accomplishes criteria
A-D. Criteria E-K must be considered and may be found to be affirmative, neutral, or
negative. A favorable decision on the proposed application must find that the application
meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative
outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The applicant recently submitted a Growth Policy Amendment application requesting to
change the designation of the property from Residential to Regional Commercial and
Services, which was approved. Therefore, the proposed B-2 zoning is in accordance with the
growth policy’s future land use designation (see Table C-16 in Appendix C). As Table C-16
from the growth policy shows, the B-2 zoning district is a proper implementing zone in the
Regional Commercial and Services category.
349
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 9 of 22
The growth policy includes retail, education, health services, public administration, and
tourism uses as activities needed for a multi-county region. Under the growth policy’s
description of the Regional Commercial and Services future land use category, it states that
“Because of the draw from outside Bozeman, it is necessary that these types of facilities be
located in proximity to significant transportation routes.” The subject property is located
roughly 1.5 miles (along City streets) from the I-19 interchange at 19th Avenue. As a result,
the proposed B-2 zoning amendment is in-line with the intent of the growth policy’s land use
designation, as it would allow for the development of a regional service on a property located
near a significant transportation route.
Additionally, it states that “Residential space should not be a primary use and should only be
included as an accessory use above the first floor.” Therefore, the proposed zone change
from R-O to B-2 allows the zoning to be in compliance with the intention of the growth
policy.
No conflicts with the Growth Policy have been identified.
B. Secure safety from fire and other dangers.
Yes. The subject property is currently served by City emergency services, including police
and fire. Future development of the property will be all new construction and will be
required to conform to all City of Bozeman public safety, building, and land use
requirements, including fire codes, which will ensure this criterion is met. New infrastructure
will need to be installed as a part of any future development, which will provide new
transportation connections and water supply for fire suppression. The amendment from R-O
to B-2 is not likely to adversely impact safety from fire and other dangers.
C. Promote public health, public safety, and general welfare.
Yes. Future development of the site will require site plan review and compliance with the
City’s Unified Development Code which ensures the promotion of public health, safety and
general welfare. The proposed zone map amendment will not put undue burden on municipal
services, emergency response capability, or similar existing requirements. According to the
applicant, the plan for the campus includes a multispecialty physician group practice, urgent
care, and an outpatient surgical center, with future phases to be defined in subsequent
development applications.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The subject property is currently served by City water services in the right-of-way of
Davis Lane. Further development stipulations are outlined in Advisory Comments #4 and #5,
regarding water and sewer infrastructure for future development.
Other infrastructure needs will be addressed through development review procedures, which
ensure this criterion is met.
350
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 10 of 22
E. Reasonable provision of adequate light and air.
Yes. While the B-2 district may allow a higher density and lot coverage allowance than the
R-O district, the usage types vary from residential to commercial, so development form will
differ, and density effects are difficult to compare. Any future development of the property
will be subject to development review procedures, as well as building setback and height
requirements in the B-2 district, which will ensure the provision of adequate light and air.
F. The effect on motorized and non-motorized transportation systems.
Yes. The subject property’s main access point will likely be from E. Valley Center Road, a
Principal Arterial. As the property is currently undeveloped, higher densities and commercial
uses as allowed in the B-2 district will likely result in an increase in vehicle trips to and from
the site, which could increase traffic around the area. Advisory Comment #3 includes
provisions that address increased traffic on the subject property once developed. It is
anticipated that the future development of a medical campus and facility will extend local
streets that will also accommodate pedestrians and bicycles. With the anticipated future
development potential of the Billings Clinic campus, the proposed zone map amendment is
not anticipated to have a negative effect on the motorized or non-motorized transportation
systems.
G. Promotion of compatible urban growth.
Yes. The growth policy supports the development of service and employment centers to
benefit the community. The growth policy states that, “because of the draw from outside
Bozeman, it is necessary that these types of facilities be located in proximity to significant
transportation routes.” The proposed zone change would allow a regional service facility in
proximity to 19th Avenue, E. Valley Center Road, and Interstate 90. Additionally, Bozeman’s
Unified Development Code defines compatible development as “The use of land and the
construction and use of structures which is in harmony with adjoining development, existing
neighborhoods, and the goals and objectives of the city’s adopted growth policy.” Existing
zoning of the surrounding neighborhoods includes R-4 to the south and a large expanse of B-
2 to the east, reaching south towards 19th Avenue. The proposed zone change to B-2 would
create compatible urban growth on the subject property that is in harmony with adjoining
development.
H. Character of the district.
Yes. The proposed amendment to B-2 would allow for a regional service center which is
near significant transportation routes, and along I-90 which is an appropriate adjacent land
use to the interstate. The character of the district is currently varied, with commercial,
residential, and open space in the nearby vicinity. The applicant intends to master plan and
phase the medical campus development, through which design guidelines will be
implemented.
351
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 11 of 22
The growth policy states that within the Regional and Commercial Services district, “it is
appropriate that design guidelines be established to ensure compatibility with the remainder
of the community. Opportunity for a mix of uses which encourages a robust and broad
activity level is to be provided.” The establishment of B-2 zoning will allow the development
of a mix of uses with appropriate design guidelines.
I. Peculiar suitability for particular uses.
Yes. The property is currently located in an area with a mix of uses, and near the N. 19th Ave.
interchange, which is primarily zoned B-2. The subject property is suitable for additional
commercial development, and would serve as an extension of the regional services for
commerce and employment that is developing along N. 19th Ave. Compared to the R-O
district zoning, a B-2 zoning designation will allow a variety of commercial-based
businesses, rather than residential and office types of development. Commercial development
is more appropriate for the property given the surrounding context, and serves to address the
current split zoning of the parcel.
J. Conserving the value of buildings.
Yes. While the B-2 designation would allow for higher intensity commercial development,
all future development will comply with the Bozeman Unified Development Code which will
ensure an appropriate scale and intensity of uses. As a result, the proposed zone map
amendment is not anticipated to negatively impact nearby building values as the development
pattern will be appropriate to the surrounding character of the district.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed B-2 zone map amendment will encourage the most appropriate use of
land as the growth policy was recently amended to designate the property as “Regional
Commercial and Services,” which the proposed B-2 designation will implement. The
proposed future development of a medical campus and facilities will address the medical and
service needs of the community. 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
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?
352
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 12 of 22
No. The subject property is currently in the vicinity of land uses of residential, open
space, commercial, and undeveloped land. The commercial and regional services
allowed in the B-2 district would be similar to adjacent development patterns along
the I-90 corridor and near the N. 19th Ave. interchange. As a result, the proposed B-2
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?
Yes. The proposed B-2 zoning designation is being requested by one landowner and
would apply to one portion of one lot totaling 16.80 acres. The proposed B-2 zoning
designation is not anticipated to directly benefit surrounding landowners. The
proposed rezone would address the current split-zoning of the parcel, of which 53.27
acres is currently zoned B-2.
3. Would the change be in the nature of “special legislation” designed to benefit only one
or a few landowners at the expense of the surrounding landowners or the general
public?
No. While the number of landowners who will directly benefit from the proposed
zone map amendment is small, the proposed amendment is not at the expense of
surrounding landowners or the general public. As discussed above in the various
review criteria, no substantial negative impacts have been identified due to this
amendment. The proposed B-2 zoning designation will allow for a regional medical
campus and facilities in this area of the community, which is an appropriate land use
for the location. The additional medical services and employment opportunities is
anticipated to benefit the community as a whole.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
353
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 13 of 22
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, Billings Clinic, requests rezoning of a portion of an existing lot totaling
16.80 acres from R-O Residential Office to B-2 Community Commercial. The
subject property is currently in agricultural use and is only developed with
agricultural buildings. The property is surrounded by undeveloped land, rural
residential uses, and open space. The rezone request is intended to address the
current split zoning of the property by changing the portion currently zoned R-O to
B-2, thereby establishing consistent zoning across the parcel. The applicant recently
submitted a separate request to change the future land use designation of the property
from Residential to Regional Commercial and Services, which was approved on June
3, 2019.
The entire parcel is 70.59 acres, 53.79 of which is currently zoned B-2. This request would
address the split zoning and the resulting land use allowances would be in alignment
with the intent of the growth policy and allow development compatible to the
surrounding land uses. The proximity of the subject property to major transportation
networks and near the commercial activity of the N. 19th Ave. interchange, allow an
appropriate area for the proposed medical campus facility. The applicant has stated
their intent to submit future applications that include a request for annexation and
initial zoning for a 4.24-acre parcel, a Planned Unit Development (PUD), Master Site
Plan, and Site Plan applications.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on August 16, 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 August 16, 2019. Notice was published in the Legal Ads section of the
Bozeman Daily Chronicle on August 18 and September 15, 2019.
354
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 14 of 22
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.
“Regional Commercial and Services. Bozeman is a retail, education, health services, public
administration, and tourism hub and provides opportunities for these activities for a multi-
county region. Often the scale of these services is larger than would be required for Bozeman
alone. Because of the draw from outside Bozeman, it is necessary that these types of facilities
be located in proximity to significant transportation routes. Since these are large and
prominent facilities within the community and region, it is appropriate that design guidelines
be established to ensure compatibility with the remainder of the community. Opportunity for
a mix of uses which encourages a robust and broad activity level is to be provided.
Residential space should not be a primary use and should only be included as an accessory
use above the first floor. Any development within this category should have a well integrated
transportation and open space network which encourages pedestrian activity, and provides
ready access within and to adjacent development.”
As Table C-16 from the Bozeman Community Plan shows, the proposed zoning of B-2 is an
implementing district for the future land use designation of “Regional Commercial and
Services.”
355
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 15 of 22
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2 (Community Commercial). The intent of the B-2
community commercial district is to “provide for a broad range of mutually supportive
retail and service functions located in clustered areas bordered on one or more sides by
limited access arterial streets. Multi-household dwellings, townhouses, and apartments are
allowed as a secondary use due to their complementary nature and ability to enhance the
walkability of these districts. Design standards emphasizing pedestrian oriented design are
important elements of this district. Use of this zone is appropriate for arterial corridors,
commercial nodes, and/or areas served by transit.”
The use tables in Sec. 38.310.040 of the Unified Development Code (pages 150 – 153) list
the allowed land uses for the B-2 district. Some notable uses are shown below.
Table 38.310.040.A Permitted general sales uses in commercial, mixed-use, and
industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses;
— = Uses which are not permitted.
356
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 16 of 22
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 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. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that
the use is permitted or conditionally permitted up to the (maximum) listed square footage in
gross building area.
Uses B-2
General sales
Automobile, boat or recreational vehicle sales, service
and/or rental
—
Automobile fuel sales or repair (38.360.070)* S
Convenience uses P
(38.360.100)*
Heavy retail establishment (Retail, large scale -
38.360.150)*
P
Restaurants* P
Retail*
• 0-5,000sf GFA P 4
• 5,001-24,999sf GFA P 4
• 25,000sf-39,999sf GFA P 4
• Over 40,000sf GFA (Retail, large scale - 38.360.150)* P 4
Sales of alcohol for on-premises consumption
(38.360.060)
S 8
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:
357
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 17 of 22
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.
Table 38.310.040.B
Permitted services and temporary lodging uses in commercial, mixed-use, and industrial
zoning districts
Uses B-2
Personal and general service
Animal shelters —
Automobile washing establishment* P
Daycare—Family, group, or center* P 3
General service establishment* P
Health and exercise establishments* P
Heavy service establishment* P
Medical and dental offices, clinics and
centers*
P 3
Mortuary S
Offices* P 3
Personal and convenience services* P
358
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 18 of 22
Truck repair, washing, and fueling
services
—
Temporary lodging
Bed and breakfast* —
Short Term Rental (Type 1)* P
Short Term Rental (Type 2)* P
Short Term Rental (Type 3)* P
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.
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 B-2
General residential
Accessory dwelling unit (38.360.040) —
Apartments* 3 P 4
Apartment buildings* 3 C
Cottage housing&* (38.360.110) —
Single household dwelling (38.360.210) —
Three household dwelling or four-household dwelling —
Townhouses*3 or rowhouses* (38.360.240) C 7
Two-household dwelling (38.360.210) —
Live-work units* P
Ground floor residential C
Group Residences
Community residential facilities with eight or fewer
residents*
P 4,5
Community residential serving nine or more residents* C
359
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 19 of 22
Cooperative household* —
Group Living (38.360.150)* P 4
Lodging houses* C
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 B-2
Industrial and Wholesale
Junk salvage or automobile reduction/salvage yards —
Manufacturing, artisan* P
Manufacturing (light)* S
Manufacturing (moderate)* C
Manufacturing (heavy)* —
Outside storage —
Refuse and recycling containers A
Warehousing* —
Warehousing, residential storage (mini warehousing)
(38.360.180)
—
360
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 20 of 22
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 B-2
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 P
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
—
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 P
361
Staff Report for 19-265 Billings Clinic Zone Map Amendment Page 21 of 22
Arts and entertainment center* P
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 —
Any use, except adult businesses and casinos, approved
as part of a planned unit development subject to the
provisions of division 38.430
C
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.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner and Applicant: Billings Clinic, 2800 10th Avenue North, Billings, MT 59101
Representative: Sanderson Stewart, 106 E. Babcock, Bozeman, MT 59715.
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.
362
Staff Report for 19-265 Billings Clinic 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.
Billings Clinic Zone Map Amendment application materials.
363
EXHIBIT CNORTH0125SCALE:1" = 250'250125364