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HomeMy WebLinkAbout09-16-19 City Commission Packet Materials - A4. Bozeman Medical Arts Center Parking Lot ZMAPage 1 of 25 19-258 City 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 standards for approval with contingencies. 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 19-258 and move to recommend approval of the Bozeman Medical Arts Center Parking Lot Zone Map Amendment, with contingencies required to complete the application processing. City Commission Recommended Motion: Having reviewed and considered the staff report, application materials, public comment, Zoning Commission recommendation and all information presented, I hereby adopt the findings presented in the staff report for application 19-258 and move to approve the Bozeman Medical Arts Center Parking Lot Zone Map Amendment, with contingencies required to complete the application processing. Report Date: September 5, 2019 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues None identified at this time. Project Summary 405 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 2 of 25 Medical Arts Building LLC (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). 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 west, R-3 to the north, 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. Zoning Commission The Zoning Commission conducted their public hearing on September 3, 2019. After considering all materials provided and the public comment received, the Zoning Commission recommended approval of application 19258 on a vote of 3-1. The video recording of the meeting is available online at: https://www.bozeman.net/services/city-tv-and-streaming-audio. Alternatives 1. Approve the application with modifications to the recommended contingencies; 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. 406 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 3 of 25 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Zoning Commission ............................................................................................................ 2 Alternatives ......................................................................................................................... 2 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 ......................................................................................................... 18 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 20 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 22 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 22 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 22 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 24 FISCAL EFFECTS ................................................................................................................. 25 ATTACHMENTS ................................................................................................................... 25 407 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 4 of 25 SECTION 1 - MAP SERIES Map 1: Oblique view of the site and immediate vicinity 408 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 5 of 25 Map 2: Zoning (see outlines and labels) and Community Plan’s Future Land Use Map designations (see shaded colors/legend) 409 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 6 of 25 Map 3: Existing Land use and Zoning District Boundaries vicinity map 410 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 7 of 25 Map 4: Existing Zoning Boundaries, Amendment Area (in green), and Overall Parcel (in pink) 411 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 8 of 25 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. 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 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 held a public hearing on this Zone Map Amendment on September 3, 2019 at 6 pm at 121 N. Rouse Avenue. They recommend approval of the application to the City Commission on a vote of 3-1. 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. 412 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 9 of 25 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. The UMU district requires a minimum area of 10 acres which cannot be met with this application. 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.” 413 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 10 of 25 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 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 414 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 11 of 25 distinct and identifiable area, often with its own name, neighborhoods are recognized as 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. See Criterion E below for additional discussion. 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.” The proposed amendment is adjacent to but not within the area of the Downtown Bozeman Improvement Plan (DBIP) adopted in 2019. The DBIP is a neighborhood plan. A neighborhood plan considers in greater detail than possible in the growth policy the future development of a subset of the community. A neighborhood plan must be consistent with the overall direction of the growth policy. 415 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 12 of 25 Pages 110-111 of the DBIP discusses the boundaries of the growth policy land use designations and the zoning that implements them. The area of this application is shown as Area A on page 111 identifying where the Commercial Core land use plan extends outside of the B-3 zoning district. The DBIP encourages the B-3 zoning district boundary to be adjusted to remove conflicts between zoning and planning designations. This is consistent with implementation policies 1, 4, and 9 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 of Bozeman Fire and Police Departments. Future development of the property must conform to all City of Bozeman public safety, building construction, and land use requirements, which will ensure this criterion is met. These standards are in Chapter 38 and other chapters of the municipal code. Examples include setbacks from property lines, street vision triangles, fire resistant construction standards, fire sprinklers, and availability of water for firefighting. This proposed amendment does not modify any development standard addressing this issue. The zone change from R-4 to B-3 will not adversely impact safety from fire and other dangers. C. Promote public health, public safety, and general welfare. Yes. Continued use of the site as a parking lot under B-3 will not create any change related to this criterion. Potential future development of the site will require site plan review and compliance with the City’s regulations. These include 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. Adoption of the requested amendment does not require a change in use from the existing function as a parking lot. No additional facilities are required for the parking lot to continue. 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 416 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 13 of 25 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 required 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 heights, 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. Section 38.320.060 sets standards for application of transitions of building height between certain zoning districts. This standard includes both text and an illustration. Subsection B.2.b contains the text specifically applicable to this situation. “b. For development on sites in the B-3 district that border R-3 and R-4 districts, the following standard applies: From a height of 38 feet at a five foot setback from the applicable residential districts, buildings must step back at a 45 degree angle away from the applicable property line.” 417 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 14 of 25 This section also influences findings for Criteria G & H. 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. 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. 418 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 15 of 25 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, 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 initially constructed in 1966 with later addition. 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. 419 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 16 of 25 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 discussed in Criterion A, correction of these conflicts is consistent with the adopted growth policy. Such correction supports the overall character of the area. 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 with a fourth nearby. The only district which is not separated 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, 420 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 17 of 25 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 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. 421 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 18 of 25 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 will not materially alter the 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 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 422 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 19 of 25 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 in staff’s analysis 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. The existing use of the site may continue without interruption with the new zoning designation in place. Review 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 consistent with the existing character of the site and overall 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, only 1 of 3 factors is met. Therefore, the proposed ZMA does not constitute illegal “spot zoning”. 423 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 20 of 25 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. The area within which a protest can be submitted by a person not within the area of the amendment is that area within 150 feet of the outer edge of the amendment area. See the following map. The protest is determined by lot count. Total lots partially or wholly within 150 feet of the outer perimeter of the amendment: 49 Number of lots with a qualifying protest required to require 2/3 majority: 13 Persons may submit written protests until the conclusion of the public comment at the City Commission’s public hearing. Staff will continue to review submitted public comments to determine whether they meet the required criteria for a protest and will inform the City Commission at the public hearing if the protest threshold has been reached. 424 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 21 of 25 425 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 22 of 25 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 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. Comments were included in the Zoning Commission packet. Additional comments were received after the Zoning Commission packet was sent out and supplemental comments were provided to the Zoning Commission prior to their meeting. 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. Additional comments were received in writing and orally at the Zoning Commission public hearing. All written comments received as of the writing of this report are included in the City Commission packet materials. A total of 20 discrete written comments have been provided. Written comments are available to the public through the City’s laserfiche system and have been included with the City Commission packet materials. Any additional public comments received will be provided to the City Commission and uploaded to the laserfiche system. . 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: 426 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 23 of 25 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. 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 ● 427 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 24 of 25 *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 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) 428 City Commission Staff Report for the Bozeman Medical Arts Parking Lot Zone Map Amendment – Application 19258 Page 25 of 25 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. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Public Comment received as of September 5, 2019. 429 MEDICAL ARTS BUILDING PARKING LOT ZONE MAP AMENDMENT 5/14/2019 TABLE OF CONTENTS: ITEM 1.1 DEVELOPMENT REVIEW APPLICATION (A1) ITEM 1.2 ZONE MAP AMENDMENT REQURIED MATERIALS (ZMA) ITEM 1.3 NOTICING MATERIALS (N1) ADJOINERS LIST ITEM 2.1 ZONE MAP AMENDMENT NARRATIVE 430 A1 DEVELOPMENT REVIEW APPLICATION PROJECT IMAGE PROJECT INFORMATION Project name: Project type(s): Description: Street address: Zip code: Zoning: Gross lot area: Block frontage: Number of buildings: Type and Number of dwellings: Non-residential building size(s): (in stories) Non-residential building height(s): Number of parking spaces: Afordable housing (Y/N): Cash in lieu of parkland (Y/N): VICINITY MAP CITY USE ONLY Submittal date: Application fle number: Planner: DRC required (Y/N): Revision Date: Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS 431 DEVELOPMENT REVIEW APPLICATION 1. PROPERTY OWNER Name: Full address (with zip code): Phone: Email: 2. APPLICANT Name: Full address (with zip code): Phone: Email: 3. REPRESENTATIVE Name: Full address (with zip code): Phone: Email: 4. SPECIAL DISTRICTS Overlay District: Neighborhood Conservation None Urban Renewal District: Downtown North 7th Avenue Northeast North Park None 5. CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if diferent) for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Certifcation of Completion and Compliance – I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved fnal plan may result in delays of occupancy or costs to correct noncompliance. continued on next page Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS 432 433 ZMA Zone Map Amendment Required Materials ZMA Page 1 of 2 Revision Date 1-8-19 Required Forms: A1, N1 Recommended Forms: Required Forms: ZONE MAP AMENDMENT REQUIRED MATERIALS APPLICATION SETS 3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets. This application is only for a proposed zone map amendment to in association with annexation. If an annexation is associated with the map amendment, see form ANNX. Complete and signed development review application form A1. Plan sets that include all items required in the zone map amendment checklist below. Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 1 set that include 11 x 17 inch plans 2 digital versions of all materials (JPEG or PDF) on separate CD-ROM’s or USB drive. Individual files must be provided at 5MB or less in size. Files shall be named according to naming protocol. Notes: All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36 inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Plans that are rolled or not bound into sets will not be accepted. NOTICING MATERIALS Completed and signed property adjoiners certificate form N1 and materials. APPLICATION FEE Base fee: $1,935 Plus: $58 per acre ZONE MAP AMENDMENT CRITERIA 1. A thorough project narrative including a detailed response to the following: a. Is the new zoning designed in accordance with the growth policy? How? b. Will the new zoning secure safety from fire and other dangers? How? c. Will the new zoning promote public health, public safety and general welfare? How? d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How? e. Will the new zoning provide reasonable provision of adequate light and air? How? f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How? g. Does the new zoning promote compatible urban growth? How? h. Does the new zoning promote the character of the district? How? i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? j. Was the new zoning adopted with a view to conserving the values of buildings? How? k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? 2. If map amendment, provide an exhibit of the property to be modified. Provide existing zoning designation and the proposed land use designation. The exhibit should include the legal limits of the property and size in square feet and acreage. If adjacent to a right of way the zoning should extend to the centerline of the right of way. 434 CERTFICATION AND SIGNATURES d, hereby certify that the information contained in this application is true and rt~ 1.-o Jl~ ~ /J.k Al~yg (s) / Ctf %}7) • ~ J Date l C1/;ft1<_ Ni A ---------• known to me to be the person(s) whose name(s) is(are)) subscribed to the abov1 instrument and acknowledge to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and yea1 first above written. Notary Public foe Stote of ~ fO'/?rJ I-A- Residing at ,IJ/4.J?; ~ My Commission Expires ;{UA./[ ! 8 26 z, f I CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 Zone Map Amendment Required Materials ZMA Page 2 of 2 1············f . SILVER CLARK :@ ....... ~., Notary Public-California : ~ c t.·· Marin County ~ -. Commission : 2198615 My Comm. Expires Jun 18. 2021 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net Revision Date 1-8-19 Required Forms: Al, Nl Recommended Forms: Required Forms: 435 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ~:~:,:f ~alifornia ~_L on YIJaV,/4 2;?/ )' fl-f ( Date _:.-;- personally appeared _ __,,.L.__e-=-+-+---L-'-=--_,_. _ _.._'--'-----'-../---,'--------------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1············~ SILVER CLARK :@ ...... ~' Notary Public -California ~ ;! <. ,;.· Marin County > z ~ -· Commissioo=2198615 My Comm. Expirei Jun 18, 2021 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SignatureSi0\. ~ Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Do9!JJ1ent: -+-----c.-""------'--+'--"-l'--------------- Document Date: ....,..........,r--+-+'-+-t'--t--------rl'------n1-+--- c .apacity(les) Cl~d b)'..-Signer(s)') '!lc 11 Signer's Name: 4 F £<Vii V-(.J!.'.Q I _ D Corporate Offic~Title(s)/ 1 o Partner -o Limited o General ;ri Individual o Attorney in Fact ( o Trustee o Guardian or Conservator o Other: Signer is Representing:---------- ©2018 National Notary Association Signer's Name: o Corporate Officer -Title(s): ______ _ D Partner -D Limited o General o Individual o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing:---------- 436 437 ZMA Narrative Medical Arts Parking Lot Page | 1 ZONE MAP AMENDMENT NARRATIVE 05/13/2019 Illustration 1 – Aerial View of Subject Site SUMMARY: This application proposes to amend the zoning designation for an .70 acre site, located southwest of the intersection of North Willson Avenue and West Villard Street and currently used for surface parking, from R-4 (Residential High Density District), to B-3 (Downtown Business District). This change in zoning designation meets the required criteria for a Zone Map Amendment (ZMA) and reconciles the boundaries of the area categorized as “Community Core” per the Bozeman Community Plan and the B-3 Zoning District. The site is comprised of Lots 1-6 and an 8 ½ foot tract adjacent on the east side of Block 4 in Beall’s Third (3rd) Addition, with 0.451 acres, and half of the adjacent streets. Please see Exhibit ‘A’ for the full legal description of the site. 438 ZMA Narrative Medical Arts Parking Lot Page | 2 ZONING CORRELATION WITH LAND USE CATEGORIES: As described in the Bozeman Community Plan, Appendix C: Land Use Inventory, Future Needs and Background: “The land use categories described in Section 3.4 will be implemented by one or more zoning districts. State law and the policies of the Bozeman Community Plan require zoning to conform to the Plan.’ This section goes on to list, in Table C-16, how Zoning Districts are intended to match with Community Plan Future Land Use Categories. According to this Table, the Community Core Category does not match with R-4 Zoning. The subject site is classified as Community Core in the Bozeman Community Plan and also carries an R-4 zoning designation. Thus, according to Table C-16, the current zoning designation conflicts with the Community Plan. Because zoning regulations are required to be derived from the Community Plan, this zoning discrepancy should be corrected. Table C-16 shows three zoning designations that correlate with the Community Core classification: B-3, UMU, and PLI. Because this site is contiguous with other areas having B-3 zoning and is serving as parking for uses in the B-3 zoning district, the most appropriate zoning designation at the subject site is B-3. RESPONSES TO ZONING PROVISION CRITERIA; a. Is the new zoning designed in accordance with the growth policy? How? Yes, the proposed B-3 zoning designation is in accordance with the growth policy. The Future Land Use Classification for this property, as described in the Bozeman Community Plan, is Community Core. According to the Bozeman Community Plan, Table C-16, Zoning Correlation with Land Use Categories, the proposed zoning designation, B-3, matches with the Community Core Future Land Use Category. In Section 3.4, Land Use Category Descriptions, The Plan describes the Community Core as follows: “This area has an extensive mutually supportive diversity of uses, a strong pedestrian and multi-modal transportation network, and rich architectural character” UDC Section 38.300.110 the B-3 district is described as follows: “The intent of the downtown B-3 business 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... Design standards reinforcing the area's historical pedestrian-oriented context are very important.” Of the possible zoning designations, the B-3 designation best supports the objective of establishing a mixed use, walkable and accessible Community Core. 439 ZMA Narrative Medical Arts Parking Lot Page | 3 b. Will the new zoning secure safety from fire and other dangers? How? Yes, the subject property is in the jurisdiction of the City of Bozeman Fire and Police Departments and within the service area of American Medical Response ambulances. B- 3 zoning will have no new effect on these types of services. c. Will the new zoning promote public health, public safety and general welfare? How? Yes, because of its emphasis on mixed use and pedestrian-oriented uses, the B-3 zoning designation promotes public health, public safety and general welfare. d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How? Yes, the proposed B-3 zoning designation will facilitate adequate provision of these public requirements. The proposed change in zoning from R-4 to B-3 will not significantly increase the potential for residential uses and is not anticipated to overburden the school district. e. Will the new zoning provide reasonable provision of adequate light and air? How? Yes. B-3 Zoning, as described in the UDC, includes requirements, specifically setbacks from residential zoning districts, that reasonably ensure adequate light and air. f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How? Because it is currently used as surface parking lot, simply changing the zoning designation of the site will not have an effect on motorized and non-motorized transportation. However, because the proposed B-3 zoning designation does encourage an increase in multi-modal transportation opportunities, the proposed change in zoning could have the positive effect on motorize and non-motorized transportation systems of aligning the systems at this site with the goals of the Bozeman Community Plan. g. Does the new zoning promote compatible urban growth? How? Yes. The proposed B-3 zoning designation is compatible with the adjacent land uses. The Bozeman UDC defines compatible development as: 440 ZMA Narrative Medical Arts Parking Lot Page | 4 “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.” The subject site is currently used as surface parking serving the adjacent commercial uses which are located within the B-3 zoning district. Because of this relationship, the site is currently aligned with the B-3 zoning district rather than with the surrounding residential zoning districts. The B-3 Zoning designation is ‘in harmony’ with the existing site context. As described above, the proposed change to B3 zoning will bring the site in alignment with Future Land Use Classifications as described in the Bozeman Community Plan. h. Does the new zoning promote the character of the district? How? Yes, the proposed B-3 zoning designation is consistant with the goals of the newly adopted 2019 Downtown Bozeman Improvement Plan. One of the guiding principles of the Downtown Plan, which describes a plan for the Community Core, is that Downtown Bozeman should be “More than Main Street”. The Downtown Plan suggests that, while it is important to maintain the strong linear core along the historic Main Street, expansion of the core area in the North/South direction should also be encouraged. “This pattern allows for more expansion of the sense of a vibrant downtown onto side streets and secondary corridors. For visitors, this adds up to a more organic experience that allows exploration and casual strolling through distinct districts. For retailers and businesses, this creates a greater diversity of business opportunities along great, walkable streets. For everyone, it fosters better distribution of cars, bikers and walkers among a network of streets, distributing traffic and taking the pressure off of the primary axis.” Located three blocks North of Mainstreet, B-3 zoning on the subject site could extend the vibrant mixed-use character of downtown as envisioned in the Downtown Plan. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Yes, the new zoning does address the subject sites suitability for particular uses. As described in item ‘g’ above, the subject site is currently serving as parking for Commercial Uses in the B-3 district. As such, it is currently aligned with and suitable for B-3 Zoning and its associated uses. j. Was the new zoning adopted with a view to conserving the values of buildings? How? Yes. By allowing the site to perpetually serve adjacent B-3 properties, the change in zoning will conserve the values of the existing buildings. 441 ZMA Narrative Medical Arts Parking Lot Page | 5 k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Yes. This zoning change is consistent with the Future Land Use outlined in the Bozeman Community Plan which designates the subject site as Community Core. 442 443 Aug.13,2019To: City ofBozeman Dept. of Community Development ATTN: Chris SaundersRegarding: Bozeman Medical Arts Center Parking Lot (application niunber 19-258]Dear Chris Saunders,zoL iewN§i§^DEPARTMLN'rOr^iCOMM^UNITYUEWLOI^MENTiII am opposed to the proposed change of zoning of this parking lot from R-4 to B-3 for the following reasons:1) This property is distinctly tied to the Medical Arts Center as essential for patient and employee parking. Icounted 86 (full) parking spaces in the lot this morning, with overflow cars parked on either side of N.Willson Ave. on that same block.As long as there are tenants in the Medical Arts Building, this parking lot is needed. I have spoken withtenants of the Medical Arts Building and know that some of the building's leases run until 2024.There is no alternative parking place (for these 86 spaces) that would be adjacent to the Medical Center.The city's single parking garage, which is often used an alternative parking facility, is 4 blocks away and notan option for this building. Note: this is a MEDICAL FACILITY and needs convenient parking. Tenantsinclude the VA clinic, Red Cross, doctors, dentists, and other health services. Their patients are not ridingtheir bikes, walking or taking the bus to the Center - summer or winter.The zoning should remain unchanged, since changing it now sends a message that development is possiblenow.Allowing parking to disappear will put these tenants out of business, and many are good members of thecommunity that have been with the Medical Arts Center for decades. Is it part of the Bozeman Strategic Plan toshow favoritism to out-of-town developers over our own good citizens?2) The second reason for objection to the rezoning is that I/we simply do not want a business development inthis block and would prefer it to remain R-4.This is a Neighborhood Conservation Overlay District and adding business would not be consistentwith the historical nature of the neighborhood. As the current "business use" is a Medical Facility, this isquite different from businesses that offer dining and shopping.PRINTED Name/ Property OwnerSIGNATURE^^/=-WA^^C^ /^ ^^'^LAe'^'VA'^l^A^.Address ( All Within 150' of proposed site)/£)2- V6>^<^!k(A^. ^)^. n^T- 5^7^zSu'^Mf^E t-feuA<_^i64^c/ Ucr^^/ p J-YJ3(3 ^. ^^^A.<- ^\ ^T-Sn/5])] ^ (.r<.^ 4J7^r ^7^"L/CJ5- t^ ^ Ul 1^0^-3 ^-^^ ^^/5^<.Lai^f\C' T^^:-^-(1L-CJ^^" i ^ C) £-T(^ r^rivjrfa Su^^?rh^V^.[b 0^"f >^^^4H.^ ^ L(y,ii^^ 'S 7^ ^?7)'bl2- t^s] Gfr^^ ^ ^yy^^^^flS312- Nl ^i-ti^cl A^L (2»o-^*v^^ h^^i^r< r a-^.rivjrfa r>u^K'^/ ftr\4A ^-cl^v,T^e^l^^'/^^^^- tio( M ^^V Avcl[J^^ ^\ ^ ^c-^Av< v' n<L^TJOTCC^f/3> 1c/. ^//^^, ^0^^c^^^%^//3 V- V.'I^V f>><>2-/^o4.<^r^..1\\y444 ?]^\vT^^ )V^^^^l^L$J^S^^-.^^i ^\K^^t^dX-SX6 N/^T(A^&^CYiJ^U•»"'H ^b^e s^_^JiA^z^-%y ^ ^t^</445 From:JACK and JANE JELINSKI To:Agenda Subject:application 19258 Date:Thursday, August 15, 2019 4:37:16 PM August 14, 2018 Bozeman City Clerk Attention: Chris Saunders 121 North Rouse Ave. Department of Community DevelopmentPO Box 1230 PO Box 1230 Bozeman, MT 59771-1230 Bozeman, MT 59771-1230 Protest Re: Application 19258 Zone Map Amendment Application We have owned our home at 433 North Tracy Avenue for forty-four years, and we will benegatively impacted if the zoning of the property described in the application is changed from R-4 High Density Residential to B-3 Community Business. We challenge the premise that only residents who live within 150 feet of the property mayprotest. Does this mean that Bozeman residents who pay property taxes, vote, work and live in the community have no voice? Is it reasonable to assume that major zone changes of verylarge properties will not have a significant impact on many nearby neighborhoods? The requested zone map change to B-3 Community Business represents more of the pattern of creeping high density development that threatens the modest, historic homes just across thestreet from the proposal. If granted it sets another precedent to justify the next incursion into the neighborhoods. The city commission has very recently voted to affirm the value of theseresidential neighborhoods and their contribution to the unique character of Bozeman. The Commissioners recently voted to adopt the recommendations of the BendonAdams PolicyRecommendations for the Neighborhood Conservation Overlay District and Historic Preservation. A vote to approve the requested zone change would violate that policy vote andwould most certainly undermine the trust of citizens who have spent a great deal of time and effort to attend meetings and provide input. The NE Neighborhood Association submitted to the commission their concern about the needfor transition standards within the existing zone edge transition requirements and requested you align zone districts with neighborhood character. They further requested the city updateform and intensity standards to better address concerns about mass and scale. Just one week ago the NE Neighborhood hosted the PhotoVoicesNE event for citizens to express their view about the importance of protecting our residential neighborhoods. Morethan 250 people attended and wrote their comments, expressing strong consensus about their love of these neighborhoods. Please listen to your citizens. Respectfully submitted, Jack B. Jelinski Jane Jelinski433 N Tracy Ave 433 N Tracy Ave 446 Bozeman, MT 59715 Bozeman, MT 59715 447 From:webadmin@bozeman.net on behalf of Bozeman, MT To:Chris Saunders Subject:Protest Re: Zoning Change App 19258 Date:Friday, August 16, 2019 3:51:44 PM Message submitted from the <City Of Bozeman> website. Site Visitor Name: Linda SemonesSite Visitor Email: lindasemones@hotmail.com I spent an inordinate amount of time attending meetings to address the update of the NCODlast year. This included the joint meeting of the Zoning and Planning Commissions. According to the freshly adopted COD plan, existing neighborhoods, historical or otherwise are importantto the city commission. Supposedly the city is in the process of creating rules and guidelines for the preservation of the historical districts, and for the compatible development of the non-historic downtown neighborhoods. The last time I checked the site, the theme A City of Neighborhoods was in second place in the ranking of themes for the Bozeman CommunityPlan, only behind A City Influenced by Our Natural Environment, Parks, and Open Space. It is a false premise that these zoning changes only affect those neighbors within 150 feet ofthe change requested. All of us who live in the downtown neighborhoods are threatened by a precedent of changing zoning at the whim of a wealthy developer. My home could bethreatened tomorrow. How many homes in the Community Core, Downtown, will be told that since they are downtown their area matches up with a B3 zone? My own home is at 404 S.Church, and is in an R2 zone. Will this area, since it is downtown, be easily changed to B3? I protest this zoning change, as it is the opening shot in the developers' war against thedowntown neighborhoods. Sincerely,Linda Semones 404 S. Church Ave. 448 Aug.16, 2019Bozeman City Clerk121 N. Rouse Ave.Development.^'PO Box 1230Bozeman, MT59771-1230Attention: Chris SaundersDepartment of CommunityAUG 16 2013';.DEPART'fveJT-'OF'COMM^mDEVFLOPMENTProtest Re: Application 19258 Zone Map Amendment ApplicationI spent an inordinate amount of time attending meetings to address the update of the NCOD last year. Thisincluded the joint meeting of the Zoning and Planning Commissions. According to the freshly adopted NCOD plan,existing neighborhoods, historical or otherwise are important to the city commission. Supposedly the city is in theprocess of creating rules and guidelines for the preservation of the historical districts, and for the compatibledevelopment of the non-historic downtown neighborhoods. The last time I checked the Community Plan Surveysite, the theme " A City of Neighborhoods" was in second place in the ranking of themes for the BozemanCommunity Plan, only behind " A City Influenced by Our Natural Environment, Parks, and Open Space." All of thisled me, as a citizen, to assume that the downtown neighborhoods were safe. At the extensive meetings Iattended, there was a marked concern for those areas specifically on the borders of B districts. I believe the CityCommission called them transition areas. People who live in R districts on the borders of B districts regardless ofwhether they are R2 or R3 or any other R, expressed that they were feeling threatened by the high rise andintensive development on their borders. This new request for a zoning change intensifies the concern thatdevelopers will continue to errode away at the borders of the neighborhoods, before the city can ever write therules and guidelines needed to protect these areas.It is a false premise that these zoning changes only affect those neighbors within 150 feet of the changerequested. All of us who live in the downtown neighborhoods are threatened by a precedent of changing zoningat the whim of a wealthy developer. My home could be threatened tomorrow. How many homes in theCommunity Core, Downtown, will be told that since they are downtown their area matches up with a B3 zone? Myown home is at 404 S. Church, and is in an R2 zone. Will this area, since it is downtown, be easily changed to B3?I protest this zoning change, as it is the opening shot in the developers' war against the downtownneighborhoods.Sincerely,O&^ff^ O^T^Z^^^OLinda Semones404 S. Church Ave.449 From:agenda@bozeman.net To:Agenda Subject:Thank you for your public comment. Date:Sunday, August 18, 2019 3:35:41 PM A new entry to a form/survey has been submitted. Form Name:Public Comment Form Date & Time:08/18/2019 3:35 PM Response #:244 Submitter ID:19578 IP address:98.127.248.247 Time to complete:12 min. , 1 sec. Survey Details Page 1 Public comment may be submitted via the form below, or by any of the following options. Public comment may also be given at any public meeting. Email: agenda@bozeman.net Mail to: Attn: City Commission PO Box 1230 Bozeman, MT 59771 In-person delivery to: Attn: City Commission City Clerk's Office City Hall, Suite 202 121 N. Rouse Ave. Bozeman, MT First Name Larry Last Name Barnard Email Address barnebozeman@gmail.com 450 Phone Number 4065804089 Comments Honorable members of the Bozeman City Commission I wish to comment regarding the rumored zoning changes being considered for the West parking lot of the Medical Arts Center. First of all, why does no one know about this? Second, how can it be possible to impact the properties and lives for residents for blocks around without proper notification? Third, doesn't it seem wrong to you to be able to change the rules at the whim of a developer who is only in it for the money? We have invested our lives and our money in our properties because it is a residential area and now we are being expected to accept changes with out any democracy, whatsoever, that will take away the value and the values we have committed for. Is it possible you could allow this and in good conscience. Please, advise me on this matter. Is it possible? Is it on the agenda? Larry Barnard Attachments (optional) Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 451 From:Zoe Hallowell To:Agenda Subject:RE: rezone the medical arts building Date:Tuesday, August 20, 2019 8:38:28 PM I DISAGREE with rezoning a portion of the medical arts building. We need to conserve our neighborhoods before we are all surrounded by mixed-use buildings. I am not against the useof B-3 zoning, however it needs to be kept to the downtown business area. Thank you, Zoe Hallowell 452 From:Regan Nelson To:Agenda Subject:Application 19-258 Date:Thursday, August 22, 2019 10:48:26 AM Hello: I am writing to oppose Application 19-258, which seeks to rezone a parcel on N. Wilson and E. Villard from R-4 to B-3. The R-4 zoning allows forhigh-density residential housing while retaining the characteristics important to this residential neighborhood. Rezoning the parcel to a business zone would disrupt the neighborhood, and open the door for development that is not consistent with this neighborhood.Thank you, Regan Nelson 514 E Cottonwood St, Bozeman, Mt 59715 453 From:worldeduc8n To:Agenda Subject:Letter of protest to ZMA application 19-258 Date:Friday, August 30, 2019 3:11:10 PM Attachments:Zoning Protest Letter Fretwell1.docx Dear Chris, commissioners, and other staff members working on ZMA application 19- 258: Please find attached my letter of protest to the Medical Arts Building parking lot zoning map amendment application. I look forward to hearing the discussion on this at the forthcoming Zoning Commission meeting Tuesday, Sept 3, and City Commission meeting to be held Monday, Sept 9. Would you also please send me a link to the memo on the same. I am having trouble accessing that on the Bozeman.net website. Thank you, Holly Fretwell 320 N Grand Bozeman, MT 59715 406-579-3658 worldeduc8n@yhoo.com 454 August 30, 2019 City of Bozeman Department of Community Development Attn: Chris Saunders PO Box 1230 Bozeman, MT 59771-1230 Dear Chris, I am writing to petition the zoning change amendment of application 19-258. The petition proposes to change the zoning of the parking lot adjacent the Medical Arts Building from R4 to B3. I am the sole owner of the single family home located at 320 N Grand that sits directly west of the proposed zone change. I petition this zone map amendment for multiple reasons. First, let me provide some background. I have been a resident of the Bozeman community for over 35 years. I have watched it grow from a cowboy college town to what it is today. I purchased and moved into my residence at 320 N Grand in fall, 2016. I understood the zoning at that time and the potential for residential development in the parking lot directly behind my home. Bozeman is growing and there is a clear need for additional housing as is demonstrated by the growing demand and rising home prices, particularly near Main Street. This proposed change to commercial development, however, does not meet a number of the Zone Map Amendment requirements as defined. Altering zoning is an act that requires the proposed zoning change to meet 11 criteria defined by state law. I address several of these criteria as they are stated in the “Annexation and Initial Zone Map Amendment Required Materials” below. • Point a) of the zone map amendment requirements requires the new zoning design to be in accordance with the Bozeman growth policy. Bozeman is currently in the plan development stages of a community plan and long run growth policy. The proposed zoning change for the Medical Arts Building parking lot conflicts with at least two of the Plan Themes Bozeman is currently striving to achieve. o According to the Bozeman Plan Themes, the city aims to be a “City of Neighborhoods.” This is defined as a series of diverse and inclusive neighborhoods. Changing the Medical Arts Building parking lot from residential to commercial zoning allows potential expansion of tall commercial structures three blocks North of Main Street. This commercial expansion encroaches on the neighborhood and the future ability to have “walkable centers” and a downtown area that is within walking distance of nearby neighborhoods, noted as desirable according to the Bozeman Plan Theme. 455 o While there are a few low rise commercial buildings, including the Medical Arts Building, on the third block North of Main street, it is generally occupied by single family dwelling neighborhoods that compliment the business district of downtown Bozeman’s Main Street. To continue to expand the commercial allowance further and further north will destroy the character of the “urban edge” that these historic neighborhoods help define. The Bozeman Plan Themes notes the Shape of the City as an important component of the planning document. Typically the urban edge considers the boundary of urban infrastructure and, as exists in this case, the contrast in the density of buildings. • Point e) of the zone map amendment requirements requires the new zoning design to provide reasonable provision of light and air. Any tall building on this lot will reduce light available to the homes that sit adjacent to the structure. Mathematical estimation shows that a 44 foot building will increase shade in the neighboring lots by about an hour. Increasing the height of that building to 70 feet will reduce light by an additional .58 hours. During winter months a tall building will reduce the time of direct light - and potential for solar heat - by approximately 18.5 percent. • Point g) of the zone map amendment asks if the new zoning design promotes compatible urban growth. If, as implied by the Bozeman Plan Themes, compatible means to consider the existing character of the neighborhood while allowing for growth, the current zoning of the parking lot is compatible growth. Compatible growth accommodates the need for increased housing without chasing away the existing single family homes that have resided in the neighborhood for 50 and sometimes 100 years. Allowing a commercial structure on the Medical Arts Building parking lot will change the neighborhood and motivate redevelopment toward multi-family units, a move away from the current characteristic of the neighborhood. • Point h) of the zone map amendment requires the new zoning design to promote the character of the district. The character of the district to the West and North is residential. Continuing to move commercial zoning in these directions will tear at the core of the single family home character of the neighborhood. This neighborhood is the core of single family dwellings between the Medical Arts Building and 7th Avenue. As this core is developed it will disintegrate the “City of Neighborhoods” in this region, which is one of the Bozeman Plan Themes for the Bozeman Community Development Plan. • Point i) of the zone map amendment requires that the new zoning is adopted with a view to conserve the values of the buildings. This zoning change is likely to decrease the value of the existing structures in the neighborhood that are single family homes. From this homeowners point of view, should a high rise be built on the Medical Arts Building parking lot with minimal setback the logical transition would be to tear down the existing single family home structure at 320 North Grand and replace it with a 4 unit multi-family home. Such actions would increase density in the core of Bozeman in a 456 manner that is inconsistent with the current Bozeman Planning Themes being explored for the long term growth of the community. I have lived in the Bozeman community for over 35 years. I moved to this neighborhood with the knowledge that it would change over time and was excited to embrace those changes and invest in my single family home and enhance the value of the neighborhood. My intentions will change considerably with a zoning change that allows commercial development adjacent to my backyard. If this happens I, and probably others, will capitalize best by developing our R4 lots as multi-family dwellings. That will change the character of the neighborhood. If the goal of Bozeman planning is to allow for increased density while also maintaining the character of the downtown Bozeman area caution must be taken to allow residential density off Main Street without enabling large commercial structures to encroach on the neighborly character of the region. I appreciate your consideration of this letter that is in protest to the change of zoning for the Medical Arts Parking lot, application 19-258. Please do not hesitate to contact me with questions or comments. I can be reached at worldeduc8n@yahoo.com or by phone at 406-579-3658. Sincerely, Holly Fretwell 457 August 30, 2019 City of Bozeman Department of Community Development Attn: Chris Saunders PO Box 1230 Bozeman, MT 59771-1230 Dear Chris, I am writing to petition the zoning change amendment of application 19-258. The petition proposes to change the zoning of the parking lot adjacent the Medical Arts Building from R4 to B3. I am the sole owner of the single family home located at 320 N Grand that sits directly west of the proposed zone change. I petition this zone map amendment for multiple reasons. First, let me provide some background. I have been a resident of the Bozeman community for over 35 years. I have watched it grow from a cowboy college town to what it is today. I purchased and moved into my residence at 320 N Grand in fall, 2016. I understood the zoning at that time and the potential for residential development in the parking lot directly behind my home. Bozeman is growing and there is a clear need for additional housing as is demonstrated by the growing demand and rising home prices, particularly near Main Street. This proposed change to commercial development, however, does not meet a number of the Zone Map Amendment requirements as defined. Altering zoning is an act that requires the proposed zoning change to meet 11 criteria defined by state law. I address several of these criteria as they are stated in the “Annexation and Initial Zone Map Amendment Required Materials” below. • Point a) of the zone map amendment requirements requires the new zoning design to be in accordance with the Bozeman growth policy. Bozeman is currently in the plan development stages of a community plan and long run growth policy. The proposed zoning change for the Medical Arts Building parking lot conflicts with at least two of the Plan Themes Bozeman is currently striving to achieve. o According to the Bozeman Plan Themes, the city aims to be a “City of Neighborhoods.” This is defined as a series of diverse and inclusive neighborhoods. Changing the Medical Arts Building parking lot from residential to commercial zoning allows potential expansion of tall commercial structures three blocks North of Main Street. This commercial expansion encroaches on the neighborhood and the future ability to have “walkable centers” and a downtown area that is within walking distance of nearby neighborhoods, noted as desirable according to the Bozeman Plan Theme. 458 o While there are a few low rise commercial buildings, including the Medical Arts Building, on the third block North of Main street, it is generally occupied by single family dwelling neighborhoods that compliment the business district of downtown Bozeman’s Main Street. To continue to expand the commercial allowance further and further north will destroy the character of the “urban edge” that these historic neighborhoods help define. The Bozeman Plan Themes notes the Shape of the City as an important component of the planning document. Typically the urban edge considers the boundary of urban infrastructure and, as exists in this case, the contrast in the density of buildings. • Point e) of the zone map amendment requirements requires the new zoning design to provide reasonable provision of light and air. Any tall building on this lot will reduce light available to the homes that sit adjacent to the structure. Mathematical estimation shows that a 44 foot building will increase shade in the neighboring lots by about an hour. Increasing the height of that building to 70 feet will reduce light by an additional .58 hours. During winter months a tall building will reduce the time of direct light - and potential for solar heat - by approximately 18.5 percent. • Point g) of the zone map amendment asks if the new zoning design promotes compatible urban growth. If, as implied by the Bozeman Plan Themes, compatible means to consider the existing character of the neighborhood while allowing for growth, the current zoning of the parking lot is compatible growth. Compatible growth accommodates the need for increased housing without chasing away the existing single family homes that have resided in the neighborhood for 50 and sometimes 100 years. Allowing a commercial structure on the Medical Arts Building parking lot will change the neighborhood and motivate redevelopment toward multi-family units, a move away from the current characteristic of the neighborhood. • Point h) of the zone map amendment requires the new zoning design to promote the character of the district. The character of the district to the West and North is residential. Continuing to move commercial zoning in these directions will tear at the core of the single family home character of the neighborhood. This neighborhood is the core of single family dwellings between the Medical Arts Building and 7th Avenue. As this core is developed it will disintegrate the “City of Neighborhoods” in this region, which is one of the Bozeman Plan Themes for the Bozeman Community Development Plan. • Point i) of the zone map amendment requires that the new zoning is adopted with a view to conserve the values of the buildings. This zoning change is likely to decrease the value of the existing structures in the neighborhood that are single family homes. From this homeowners point of view, should a high rise be built on the Medical Arts Building parking lot with minimal setback the logical transition would be to tear down the existing single family home structure at 320 North Grand and replace it with a 4 unit multi-family home. Such actions would increase density in the core of Bozeman in a 459 manner that is inconsistent with the current Bozeman Planning Themes being explored for the long term growth of the community. I have lived in the Bozeman community for over 35 years. I moved to this neighborhood with the knowledge that it would change over time and was excited to embrace those changes and invest in my single family home and enhance the value of the neighborhood. My intentions will change considerably with a zoning change that allows commercial development adjacent to my backyard. If this happens I, and probably others, will capitalize best by developing our R4 lots as multi-family dwellings. That will change the character of the neighborhood. If the goal of Bozeman planning is to allow for increased density while also maintaining the character of the downtown Bozeman area caution must be taken to allow residential density off Main Street without enabling large commercial structures to encroach on the neighborly character of the region. I appreciate your consideration of this letter that is in protest to the change of zoning for the Medical Arts Parking lot, application 19-258. Please do not hesitate to contact me with questions or comments. I can be reached at worldeduc8n@yahoo.com or by phone at 406-579-3658. Sincerely, Holly Fretwell 460 From:Lynda Andros-Clay To:Agenda Subject:Comment is in Reference to application 19-258 Date:Friday, August 30, 2019 3:28:39 PM Hello, My name is Lynda Andros-Clay and I live on 400 Block of N. Grand.My comment is to keep zoning R-4. It is crucial that there are limitations on development in our community. The zoning exists fora reason- to keep density restricted to certain areas. We can NOT give developers everything they want. They are Not necessarily looking out for the best interests of the community, thatis why city council and community members need to set limitations. Keep R-4 Zoning. Thank you,Lynda -- Full Circle Doula Care and Massage Therapy215-432-6969fullcircledoula.careEmpowering and caring for women and their families through the birthing journey. Virus-free. www.avg.com 461 From:Christy Stillwell To:Agenda Subject:project 19-258 Date:Saturday, August 31, 2019 5:32:16 PMAugust 30, 2019  City of Bozeman Department of Community DevelopmentAttn: Chris SaundersPO Box 1230Bozeman, MT 59771-1230  Dear Chris,  I am writing to petition the zoning change amendment of application 19-258,which proposes to change the zoning of the Medical Arts Building parking lot on thecorner of Willson Ave and W. Villard St. from R4 to B3.  I live with my family at 402 N. 5thAve. My husband and I moved to the Beall’sAddition in 2000, buying our first house at 414 N Grand Ave. In 2010, after an extensivesearch all over the valley, we decided to stay in the neighborhood and bought the houseon the corner of W. Villard St. and 5thAve. In the past several years, our neighborhoodhas seen tremendous change but none as drastic as in the past six months. I am wellaware, as are most of my neighbors, that more changes are to come. But I believe that ifwe proceed with caution and care, we can satisfy the majority of current homeowners aswell as those wishing to develop the neighborhood. The key to doing this is to keep thegrowth within the state law zoning criteria, as well as the Bozeman Community GrowthPlan.  I oppose the zoning amendment change in 19-258 because I find it out ofcompliance with the ZMA criteria established in state law.  Criteria 1(a) states the ZMA be in accordance with the Bozeman growthpolicy. According to the Bozeman Plan Themes, in its proposed growth policy, the cityaims to be a “City of Neighborhoods ” and the shape of the city should maintain “theurban character defined by urban edges, varied skyline, pedestrian friendly streetscapesand integration with natural landscape that surrounds us.” The key concept is the urban edge. That has to be set somewhere, and adhered to.The current zoning map of Bozeman, which has already been approved by the citycommission and zoning board, defines that edge in this case as N. Willson Ave up toVillard, with a small jog around the current Medical Arts Building , then back down N.Tracy. The lot directly to the south of project 19-258 is B-3, which makes senseconsidering it abuts the Project Wet building. Similarly, the next block to the south is partof the B-3 zoning and a commercial building is currently being developed there. This lot, 462 too, sits adjacent to a business, not houses. The parking lot in question shares an alleywith single family homes and should remain designated R-3.  Criteria 1b(i) states that zoning regulations must be designed to “secure safetyfrom fire and other dangers.”Designating this lot B-3 will make it difficult for emergency vehicles to passthrough on N. Willson Avenue, an already crowded street. Once the lot is developed,residents of the new building as well as the current Medical Arts tenants will need to usestreet parking. This will further congest Willson Ave. Parking will overflow into thenearby neighborhoods, further congesting them, creating a safety hazard. Criteria 2(a) states that zoning regulations should consider “reasonable provisionof adequate light and air.” Designating this lot as B-3 allows for a building height up to70’. This size of commercial building does not provide adequate light and air and in factreduces light available to the homes that sit adjacent to the structure. One neighbor’smathematical estimation shows that a 44 foot building will increase shade in theneighboring lots by about an hour. Increasing the height of that building to 70 feet willreduce light by an additional .58 hours. During winter months a tall building will reducethe time of direct light - and potential for solar heat - by approximately 18.5 percent. Criteria 2(b) asks zoning regulations to consider the effect on motorized andnonmotorized transportation systems. Project 19-258 is out of compliance becausethe B-3 commercial designation will increase the density of parking along the street,further congesting avenues for bus transportation. Cycling will be hazardous andpedestrian traffic will be at risk. Criteria 2(d) asks the board to consider the character of the district and its“peculiar suitability for particular uses.” Rezoning the lot to B-3 will change the characterof the district, extending thedowntown B-3 district one block too far to the west.According to the City of Bozeman Zoning intents and purposes, downtown B-3designation should be the “area of greatest density of development, intensity of use, andappropriate infill”. While it makes sense that this lot is surrounded by B-3 because noneof the other blocks contain a majority of R-3 properties. Rezoning this lot does notconsider the districts “peculiar suitability” of use. The neighborhood on the west side ofN. Willson Ave is primarily residential. To change this lot to high density urban businessdistrict will change the character of the neighborhood, providing more incentive tosubdivide and further decimate the theme of a “city of neighborhoods” as stated intheBozeman Community Development Plan.    Criteria 2(e) asks the zoning regulations to conserve “the value of buildings andencourage the most appropriate use of land throughout the jurisdictional area.”As statedabove, changing the zoning to B-3 does not conserve the value of the neighborhood. The 463 current R-3 designation does.  I appreciate your consideration of this letter in protest to the change of zoning forthe Medical Arts Parking lot, application 19-258. Please do not hesitate to contact mewith questions or comments. I can be reached at christystillwell402@gmail.comor byphone: 406-570-3774.         464 From:Angela Kociolek To:Agenda Subject:Application 19-258 Date:Sunday, September 01, 2019 10:46:52 PM Dear City Commissioners, I am writing to oppose amending the City Zoning Map from R-4 to B-3 on 0.70 acres at the southwest corner of the intersection of N. Willson Avenue and E. Villard Street. I believe we have zoning for a reason and such amendments undermine the original intentions of such zoning. I live in the Northeast Neighborhood and have grave concerns about the massive structures that are being approved and pushing residents out. I chose this neighborhood because of its human scale architecture and historic character. I find it so sad to see that three homes are for sale on Willson Ave between Peach and Villard where the new giant homes are being built on the former trailer park site - coincidence? This shows that people in this neighborhood feel the need to flee from this type of development further underlining the inappropriateness of such development. Additionally, I take issue with this sentence from Chris Saunders' report where he discusses public comment received, "A single comment with 13 signatures representing eight properties…” To present an organized, collective comment as a “single comment” is concerning and I hope you will respectfully consider the 13 signatures as 13 people who took the time to make their concerns known on this particular issue. Please confirm receipt of this email so I know it will be considered before your meeting on the night of Sept. 3rd. Thank you, Angela Kociolek 620 N Tracy Ave Bozeman, MT 59715 465 From:Amy Kelley Hoitsma To:Agenda; Chris Saunders Subject:Re-zoning Application 19-258 Date:Monday, September 2, 2019 2:59:05 PM To Chris Saunders, Mayor AndrUS, Deputy Mayor Mehl, and Bozeman City Commissioners: I respectfully ask that you reject Application 19-258, the proposal to rezone the Medical Arts parking lot from the current R-4 (Residential High Density District) to B-3 (Downtown Business District). Through my involvement in the NE neighborhood as well as through citizen participation in the revision of the Community Plan and the Affordable Housing Plan, I have come to understand that the biggest issue facing Bozeman right now is not a lack of commercial property but rather a lack of housing: specifically affordable housing, and more specifically affordable housing within walking distance of the greater downtown area. I understand that this proposal is being presented as a “housekeeping” measure to align the zoning map with the community growth policy, wherein this lot is considered part of the downtown commercial district. What I, and many other neighbors, fear is that the result will be construction of a commercial building of maximum height and footprint with minimum parking, further encroaching on the safety and livability of the residential neighborhood. As I read the code, I do not see anything enumerated in Section Sec. 38.100.040.C that calls on the City Commission to rezone this property. In fact, it seems to me that if the Commission deems it more essential to encourage housing over commercial development in this instance, then it has every right to do so. Thank you for considering my concerns in this written request; I am unable to be at either the Zoning Commission meeting or the City Commission hearing on this application as I will be out of town. All the best, Amy Kelley Hoitsma 406-581-1513 aok@mcn.net aokworks.com 466 From:Beth MacFawn To:Agenda Subject:application 19-258 Date:Tuesday, September 03, 2019 9:50:23 AM Dear zoning commission, I am writing to oppose the application 19-258 to change the zoning from R-4 to B-3. This change would negatively impact the current residential neighbourhood by increasingbuilding height, and limit parking requirements. Please oppose this application. Thank you, Beth 467 From:agenda@bozeman.net To:Agenda Subject:Thank you for your public comment. Date:Tuesday, September 03, 2019 2:58:27 PM A new entry to a form/survey has been submitted. Form Name:Public Comment Form Date & Time:09/03/2019 2:58 PM Response #:266 Submitter ID:20361 IP address:2600:6c67:5080:468c:5d16:5c10:cc60:b215 Time to complete:5 min. , 17 sec. Survey Details Page 1 Public comment may be submitted via the form below, or by any of the following options. Public comment may also be given at any public meeting. Email: agenda@bozeman.net Mail to: Attn: City Commission PO Box 1230 Bozeman, MT 59771 In-person delivery to: Attn: City Commission City Clerk's Office City Hall, Suite 202 121 N. Rouse Ave. Bozeman, MT First Name Daphne Last Name Gilam Email Address daphnegillam@gmail.com 468 Phone Number 4065814118 Comments There is a meeting to revise the parking requirements for the Medical Arts Building. ALL buildings, homes, businesses need to follow required parking requirements or our town will become unviable. The continual erosion of requirements is not acceptable. Attachments (optional) Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 469 From:Laurie Thatcher To:Agenda Subject:zone change Date:Tuesday, September 03, 2019 4:17:04 PM Dear City Commissioners, This letter is to express my opposition to the proposed Zoning Map Amendment (19-258) for the Medical Arts Complex parking lot on North Willson Ave. I own a house at 405 N Willson and have lived there for 17 years. In the short term, building on this critical parking lot makes no sense as it is heavily used by tenants and clients at Medical Arts. Taking away this parking would force those people to walk long distance to receive treatment or get to work. Parking is already at a premium in the area. Taking away any parking and increasing density is insane. It is currently zone Residential and should remain that way. Affordable housing and office space in the core of Bozeman should be a goal of the commission. Converting this and the adjacent Medical Arts center into more mixed use commercial/business/high-end residential only serves the developer's bottom line, not the citizens of Bozeman. I encourage you to reject this zoning change. -- Laurie W. Thatcher, LCSW 65 W Kagy Suite 65-B Bozeman, MT 59715 (406)580-9160 Notice of Confidentiality: This email and any attachments is intended only for use by the addressee(s) and may contain confidential or privileged information. Any distribution, reading, copying or use of this communication and any attachments by anyone other than the addressee is strictly prohibited and may be unlawful. If you have received this email in error, please immediately notify me by email or telephone 406 580 9160 and permanently destroy or delete the original and any copies or printouts of this email. Please be aware that non-encrypted email such as this, is even more vulnerable to unauthorized access. Please notify me if you decide to avoid or limit, in any way, the use of email. Please do not use email for emergencies. 470 My name is Larry Barnard. I am living at 439 North Grand and have for 17 years. I have been inBozeman and the Gallatin Valley since 1969I am against the zoning change proposed in project 19-258, City of Bozeman PlanningDepartment, because it is out of compliance with the zoning guideline 1b of the Montana codecriteria, stating that zoning should secure safety from fire and other dangers. Rezoning this lot willnot secure safety from fires and other dangers because it will lead to an over dense populationof the city block. B-3 zoning on this corner lot will make it difficult for emergency vehicles to passthrough on the already narrow streets. Indeed, the additional impacts of the allowable density ifthe proposal finds favor will include more people requiring those emergency services. Residentsof any developed building, plus the current Medical Arts tenants, will need to use street parkingonce the lot is developed. And, it would be foolish to not consider the parking challengescreated because of the nearby 101 Lofts building, including the already displaced parkingbecause of that project. This will further congest Willson Ave, Grand Ave, Villard and LammeStreets. The need for parking will certainly overflow into the nearby neighborhoods.For Northeast Bozeman to remain a "walk able" node, as described in the Bozeman CommunityPlan, there must be both sufficient parking and a walk able distance from neighborhoods to thedowntown Main Street. The presence of all the additional traffic on already narrow streets willtake away what is now walk able and bike able in our neighborhood.Our neighborhood directly to the North of the proposed project was laid out and plattedbeginning in 1891 and there was, at that time, no consideration for street design beyond theresidential uses we have even today. Even the impacts of R-4 zoning currently in force for theproposed project will strain the capacity of all the roadways in the area. I know, we know, we arethe people living here and witnessing the challenges for first responders and ambulances toperform their duties. Particularly during snow months. We walk and bike this neighborhood dailyand our safety in continuing to do so will be threatened by a zoning change as proposed.471 From:Leslie Taylor To:Agenda Subject:Objection to and Comments on application 19258 Date:Tuesday, September 03, 2019 3:08:52 PM I respectfully object to the proposed rezoning of currently zoned R-4 property to a zoning of B-3, at the corner if Villette and Willson, as proposed in application 19258. Status of Commenter: I am the owner and occupant of 320 N. Bozeman Ave., Bozeman, MT 59715. The legal description of my property is Bealls 1st ADD, S07, T02 S, R06, Lot 2A, acres 0.152, Plat C-11-D. My two-family property (in R-2 zoning) was completed in 2015, consistent with the Bozeman zoning and building codes in force at that time. As my property is within a few blocks of the proposed rezoned area, I have significant interest in proposed rezoning and development that could impact my property and my enjoyment of living in downtown Bozeman. There is no justification provided in the application for this rezoning, which would then pave the way for a new multiple story mixed use building (including, undoubtedly, more high-priced condos and/or rentals). There is no explanation for why there is a greater need for more property to be zoned B-3, while at the same time, the city repeatedly acknowledges the critical need for affordable multi-family residences in downtown Bozeman. Allowing rezoning to B-3 in residential areas actually creates a disincentive for property owners and homeowners to invest in and improve their properties. Why do that, when next week, next month or next year, the city approves multi-story projects with luxury apartments which are not required to meet the parking, set-back, height, landscaping or other restrictions imposed on owners of residential property? Why not just let your property fall into decay, with the expectation you can sell it to a developer? My property is zoned R-2 and I was able to construct a two-family dwelling with one unit designed for accessibility. Doesn’t our city want to encourage development and improvement of residential properties? Furthermore, Bozeman has yet to address any possible requirements for multi-unit developments to provide a number of units for affordable housing. Until it does so, it should place a moratorium on rezoning residential property to B-3 and on considering applications for new structures which are not in keeping with the current neighborhood. Respectfully submitted Leslie Taylor 320 N. Bozeman Ave. Bozeman, MT 59715 472 /wswm'ii,i-^s-lBozemaniS9 S'i-vt^X|^|^^J|.|;'^,,fe,%m^^sw^'^vs-.c-onai'g^.rvv.-;l;'.',;''.'-'::.^ -,-.'....;^'nft%^ffK,;":;^.''.BI^'-iMevs "w^y'Board of Ad-^ Justment will liear threevariance requests Monday atl:30p.m. incityhall.- Bozeman Medical ArtsCenter, SOON. Willson, isseeking a variance to buUd anaddition. Tbe request has besxi9? denied by the city buildingf official because parking lot^designs do not meet cityreqiBi'CTnente.'; " *$ Olivear S. ®Us<» wants ap-•'•'^proval to birild a duplex of the ?;iOiequam^on Estates afll2Q'W. Babeock. ApCTmithas beendenied because a 25-foot frontyard is not provided. . ,^Permission to build a garageaddition at 706 S. Blaek is being isou^it by Gary A. Sprague. Apermit has been denied becausethe floor level wouldnot be two ;;feet f&ow the ^Wtrtton flf the ,i100-year flood level. ^ iItj^j•t473 -s*-»-'y-7f|*Extension%•;,I:"KIMIfes;:2 permits^®-."•'••. . . ! . : _:^SVs^approvedllllAn extension and two permits Ifcere granted Monday by the JBozeman Board of Adjustmait. S(ffiver S, Ellison was giv S.; "pCTmissiori to build a duplex <rfthe Chequamegon Estates at£,U20 W. Babcock. The board ;tateo granted PeterLeyapeonit ^(or a new building at l4d E. ^Main to house a lawnmower and «snowmobile sales and service 'busness.dad Groth was given a sax- ;nionth extensimi on his pennitto remodel and expand abuilding at 451 E. Main. -A request from Gary A.Sprague to build an addition on.a garage at 706 S. Black wasdraiied on the basis that the flow^ level would not be two feet sF abmit the elevation of a flood of j, MO-yearfrequency. ". ;^ : A request from Ahe Medical;;Arts Center, for an ad<was tabled untU March 23. ^ ^ ^»I474 •A:^jsli:SIIISt.lSitesl:flSitel--t^^^i%,^^'®";Sy^^®^ ;y^-?w^:yK^§iiSSliia%i!^il8iSl^lim^^I^ItlliiiffiiSlllillll;^^^ rj!l^':i^il3S^ParKini'vanancedenie^'^S-^?.;-:^^^:^^>:.:^'^'il^A oariune variance Ibrnevr' proposing to have future parking for small cars in one\/gj-s;^ A parking variance for sewf cfflistruction at the Medical Arts,2 ;<^nter was denied Thursday byS 4bet>oardof adjustment. 'I^About 15 rodents attended|<; the meeting with severaljffotetmg that present parking,Driiich meets city codes, is^ inadequate^ y ^Don Nell, manager of theMedical Arts Center, said he isproposing to have future ^ parking for small carsparking facilities policed so that lot.thosei'1:^Vfell-.?''.•s:only those using the medicalcenter are allowed in theparKingkrt,.Nell was requesting thevariance in order to proceedwith financing for a three-storyaddition to the Medical ArtsCCTterat 300 North WUlson. Thecenter does not needa varianceto build two flooi-s of the ad-? .ditfon.The parking arrangementproposal presented for a threestory building meets, with oneexception, conditions of new[\ parking codes expected to be|»*<hrou^bt up *1"1» at^'ayfwswat wiUnn Ae next two months. Thel^oiception was for a mwfk-^iOT;^;?•^•\According to architect DoygRand, architectural andfinancial planning was done on ^the basis of the anticipatedparking ordinance. ;The ordinanGe was approvedby the zoning commission ;about two years ago. Approvalwas delayed by the city coni-mission because . the parkingcommission was using the oldordinance in calculations for adowntown parking district. >'Planning Director PaulBolton said the parking or-dinance wUl be presented to theaoniqg commisaon Mad-ditional commaits beforeigoingof fo the city commission again. .Board members HowardVanNoy and Garvin Wimanvoted in favor of the variancewhile Harold Goble, WUliam C. ^^Hanshaw and Jim Drain voted A~:agamst'il. :^,, ,';•..•.. ..^y,:?,;; ;.- 11 said later Q^the^n^proceed with cODStructionofalI'."three floors,' with somg i. 'variation in plans to coni-;^pensate for not getting theparking variance; 'The variance request was 9matter of timing and con- •;.:venience to make a moreworkable plan, N said. Oncethe proposed parking Code is >adopted, the center's parking . ^lot designs are only four ears ' _.abovethesfi^. - ^ .,' ^ ^;/» %^;-S^c^:^^l|i^-.>..-?... OA;.;;^:m:\^}'f:-.7,'":N,i-•^^1>':^'•^475 From:webadmin@bozeman.net on behalf of Bozeman, MT To:Chris Saunders Subject:Protest Amendment ZMA 19258 Date:Tuesday, September 3, 2019 2:21:28 PM Message submitted from the <City Of Bozeman> website. Site Visitor Name: Tanja A BrekkeSite Visitor Email: tanjabrekke@gmail.com Protest Re: Application 19258 Zone Map Amendment September 3, 2019 Honorable Counsel Members,As a business owner with a lease until Oct. 31, 2021, any loss of parking is a significant detriment to my business. I am an acupuncturist, and my patients require ADJACENTparking, which is granted in my lease. Many patients are barely able to make it to the inside of the building, and then take advantage of the wheelchair that is available for public use. I havepatients complaining that they are circling the neighborhood, and all adjacent parking lots, for 15 minutes or more already. If this parking lot is allowed to be developed, it will have asignificant negative impact on my business. J. Conserving the value of buildings“No redevelopment can occur until parking for the Bozeman Medical Arts building is provided elsewhere or through alternative methods.”The parking garage is NOT an acceptable alternative as it is several blocks away. Walking from the parking garage to an appointment, and back after a treatment is absolutelyunacceptable, even in the best of weather. And the best of weather is spotty for only a few months at best. Taking the public bus is also not an acceptable alternative, as many of mypatients have trouble with walking from a nearby parking spot. The busses only run in limited areas of town and would not work for many patients simply by where they live.Please reconsider the acceptance of this amendment as it will have a negative effect on the surrounding neighborhood, and will have a significant negative impact on the many businessesoperating in the Bozeman Medical Arts Center. Thank you for your consideration of this matter.Sincerely, Tanja Brekke, L.Ac. 476 From:To:Subject:Date:webadminObozeman.net on behalf of Bozeman. MTChris SaundersProtest Amendment ZMA 19258Tuesday, September 3, 2019 2:21:28 PMMessage submitted from the <City OfBozeman> website.Site Visitor Name: Tanja A BrekkeSite Visitor Email: tanjabrekke@gmail.comProtest Re: Application 19258 Zone Map AmendmentSeptember 3, 2019Honorable Counsel Members,As a business owner with a lease until Oct. 31, 2021, any loss of parking is a significantdetriment to my business. I am an acupuncturist, and my patients require ADJACENTparking, which is granted in my lease. Many patients are barely able to make it to the inside ofthe building, and then take advantage of the wheelchair that is available for public use. I havepatients complaining that they are circling the neighborhood, and all adjacent parking lots, for15 minutes or more already. If this parking lot is allowed to be developed, it will have asignificant negative impact on my business.J. Conserving the value of buildings"No redevelopment can occur until parking for the Bozeman Medical Arts building isprovided elsewhere or through alternative methods."The parking garage is NOT an acceptable alternative as it is several blocks away. Walkingfrom the parking garage to an appointment, and back after a treatment is absolutelyunacceptable, even in the best of weather. And the best of weather is spotty for only a fewmonths at best. Taking the public bus is also not an acceptable alternative, as many of mypatients have trouble with walking from a nearby parking spot. The busses only run in limitedareas of town and would not work for many patients simply by where they live.Please reconsider the acceptance of this amendment as it will have a negative effect on thesurrounding neighborhood, and will have a significant negative impact on the many businessesoperating in the Bozeman Medical Arts Center.Thank you for your consideration of this matter.Sincerely,Tanja Brekke, L.Ac.477 From:Tony Thatcher To:Agenda Subject:Against Zoning Map Amendment - 19-258 Date:Tuesday, September 03, 2019 11:22:20 AM Dear City Commissioners, This letter is to express my opposition to the proposed Zoning Map Amendment (19-258) for the Medical Arts Complex parking lot on North Willson Ave. I own a house at 405 N Willson and have lived there with my wife for 17 years. In the short term, building on this critical parking lot makes no sense as it is heavily used by tenants and clients at Medical Arts. Taking away this parking would force those people to walk long distance to receive treatment or get to work. Parking is already at a premium in the area. Taking away any parking and increasing density is insane. It is currently zone Residential and should remain that way. Affordable housing and office space in the core of Bozeman should be a goal of the commission. Converting this and the adjacent Medical Arts center into more mixed use commercial/business/high-end residential only serves the developer's bottom line, not the citizens of Bozeman. I encourage you to reject this zoning change. -- -Tony Thatcher 405 N Willson bozeman, MT 59715 tony@dtmgis.com 406-581-0847 478