HomeMy WebLinkAbout09-23-19 City Commission Packet Materials - A5. Floweree Family LLC ZMAPage 1 of 16
19-279 City Commission Staff Report for the Floweree Family LLC 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 23, 2019
Project Description: Amendment of the City Zoning Map from BP Business Park District to
B-2 Community Business District on 18.24 acres and adjacent highway right-of-way.
Project Location: The subject property is located along the north side of Huffine Lane (MT
Highway 191) and south side of Fallon Street approximately 625 feet west of S. Cottonwood
Road.
The property is legally described as the W ½ SE ¼ SE ¼ of Section 9, Township 2 South,
Range 5 East, excepting therefrom a 41’ strip of land off the west side described in Certificate
of Survey 1005 and Highway 191 right-of-way conveyed to the State of Montana, located in
the City of Bozeman, Gallatin County, Montana. The ZMA would also apply to the MT
Highway 191/Huffine Lane right-of-way along the south side of the subject property.
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 19-279 and move to recommend approval of the
Floweree Family LLC 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
19-279 and move to approve the Floweree Family LLC Zone Map Amendment, with
contingencies required to complete the application processing.
Report Date: September 12, 2019
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
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None identified at this time.
Project Summary
Chris Wasia of Genesis Engineering, Inc. (applicant) and John Floweree of Floweree Family
LLC (landowner), request rezoning of the existing tract and the accompanying adjacent
highway right-of-way from BP (Business Park District) to B-2 (Community Business District).
The subject property is currently vacant. A small stream known as Baxter Creek on some maps
traverses the property. The property also contains wetland areas.
The property is surrounded by five different zoning districts of the City of Bozeman, with an
unincorporated area of Gallatin County to the southwest across Huffine Lane. The City zoning
districts adjacent to the subject property include BP and R-O to the west1, R-4 to the northwest,
R-O and B-2 to the north, B-2 to the northeast and east, and R-O, R-4, and R-3 to the south.
The unincorporated area to the southwest is zoned M-I (Manufacturing and Industrial District)
according to the last published Gallatin County zoning map for the Bozeman surrounding area.
The application indicates the intent of the proposed B-2 zoning is to provide area for supportive
retail and service functions located in areas bordered by arterial streets. The application also
states the proposed zoning change from BP to B-2 would result in the zoning being closer to
the growth policy designation of “Community Commercial Mixed Use” by changing the
zoning from industrial to commercial.
The Community Commercial Mixed Use growth policy designation of the Community Plan
correlates only with B-1, B-2, UMU, and PLI districts on the City Zoning Map according to
Table C-16, “Zoning Correlation With Land Use Categories” in Appendix C of the Community
Plan (and shown in Appendix C of this report). The proposed B-2 Community Business District
zoning designation would accord with the Community Plan by providing a zoning district that
correlates with the future land use map designation.
No plans for development of the site have been submitted.
Zoning Commission
The Zoning Commission held a public hearing on September 3, 2019. No members of the
public spoke or submitted written comment. After conducting the hearing and considering the
application the Zoning Commission recommended approval of the application. A video of the
Zoning Commission hearing is available at
https://media.avcaptureall.com/session.html?sessionid=6baf68b7-71f9-4681-a9c1-
6d3e6c4d17fa&prefilter=654,3835.
Alternatives
1 It appears the parcel immediately to the west of the subject property includes a 41’ wide strip zoned BP, with land to the west of the north portions of the subject property and the adjacent 41’ strip zoned R-O. See maps.
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1. Approval of the application with modifications to the recommended contingencies;
2. Denial of the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Zoning Commission ............................................................................................................ 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 8
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 8
Spot Zoning Criteria ......................................................................................................... 11
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 12
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 13
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 13
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 13
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 16
FISCAL EFFECTS ................................................................................................................. 16
ATTACHMENTS ................................................................................................................... 16
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SECTION 1 - MAP SERIES
Map 1: Map with imagery of the site and immediate vicinity
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Map 2: Zoning (see outlines and labels) and Community Plan’s Future Land Use Map
designations (see shaded colors/legend)
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Map 3: Snapshot of the Zoning Map’s and Community Plan’s Future Land Use Map
designations from the City of Bozeman’s interactive GIS map viewer – this zoomed-in map depicts the 41’ strip on the adjacent property that is zoned BP and designated Community Commercial Mixed Use by the Community Plan. These designations would remain on the 41’
strip, which is not shown on Map 2.
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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-2 shall be identified as the “Floweree Family LLC Zone Map Amendment”.
2. That the applicant must submit a zone amendment map titled “Floweree Family LLC 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 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 recommends
approval of the Floweree Family LLC Zone Map Amendment (ZMA) as submitted.
The Development Review Committee (DRC) considered the amendment on July 24, 0219. The
DRC did not identify any infrastructure or regulatory constraints that would impede the
approval of the application.
The Zoning Commission will hold a public hearing on this Zone Map Amendment on
September 3, 2019 and will forward a recommendation to the City Commission on the zone
map amendment. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting
will begin at 6 p.m.
The City Commission will hold a public hearing on the ZMA on September 23, 2019. The
hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
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SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval under this title, the advisory boards and City Commission
shall consider the following criteria (letters A-K). As an amendment is a legislative action, the
Commission has broad latitude to determine a policy direction. The burden of proof that the
application should be approved lies with the applicant.
In considering the criteria the analysis must show that the amendment accomplishes criteria A-D.
Criteria E-K must be considered and may be found to be positive, neutral, or negative. A favorable
decision on the proposed application must find that the application meets or is neutral on 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 property is currently zoned BP, Business Park District, but the future land use map
of the Bozeman Community Plan (Growth Policy) designates the property as “Community
Commercial Mixed Use”. The Community Commercial Mixed Use growth policy designation
of the Community Plan correlates with B-1, B-2, B-2M, UMU, and PLI districts on the City
Zoning Map according to Table C-16, “Zoning Correlation With Land Use Categories” in
Appendix C of the Community Plan (and shown in Appendix C of this report). The proposed
change to B-2 Community Business District zoning designation is in accordance with the
Community Plan by correcting this discrepancy between the future land use map designation
and that of the zoning map.
Additionally, the proposed zone map amendment along with the implementation of
contingencies and future zoning reviews, may advance the following goals and objectives of
the growth policy:
Land Use Goal LU-1: “Create a sense of place that varies throughout the City, efficiently
provides public and private basic services and facilities in close proximity to where people
live and work, and minimizes sprawl.”
Land Use Objective LU-1.1: “The land use map and attendant policies shall be the
official guide for the development of the City and shall be implemented through zoning
regulations, capital improvements, subdivision regulations, coordination with other
governmental entities, and other implementation strategies.”
By correcting the inconsistency between the future land use map and zoning map LU-1.1 is
advanced. No conflicts with the Growth Policy have been identified.
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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 will be required to conform to all City of Bozeman public
safety, building and land use requirements, which will ensure this criterion is met. The zone
change from BP to B-2 is not likely to adversely impact safety from fire and other dangers.
New infrastructure will need to be installed as a part of any future development, which will
provide new transportation connections and water supply for fire suppression.
C. Promote public health, public safety, and general welfare.
Yes. Potential future development of the site will require site plan review and compliance with
the City’s Unified Development Code which ensures the promotion of public health, safety
and general welfare. The proposed amendment will not put undue burden on municipal
services, emergency response capability, or similar existing requirements.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. Any development of the property will be required to meet city standards for water, sewer,
or transportation system upgrades or restrictions resulting from proposed future development.
Development stipulations are outlined in the Advisory Comments from the Engineering
Division regarding water and sewer infrastructure for future development. The adequate
provision of public requirements is likely to be addressed as a part of the development review
process if the property is proposed for development.
E. Reasonable provision of adequate light and air.
Yes. Bozeman’s Unified Development Code includes requirements for providing adequate
light and air including maximum building height, lot coverage, and setback requirements.
Future development of the property will be subject to these provisions for the B-2 District,
which will provide reasonable and adequate light and air.
F. The effect on motorized and non-motorized transportation systems.
Yes. The subject property’s main access point will likely be from Fallon Street, a local street,
and local streets extended from the west. Although the property is next to Huffine Lane (MT
Highway 191), a principal arterial, the MT Department of Transportation has limited accesses
to Huffine Lane. As the property is currently undeveloped, densities and commercial uses as
allowed in the B-2 district will result in an increase in vehicle trips to and from the site, which
could increase traffic around the area. Development of the property will be required to comply
with transportation-related standards and reviewed for impacts on the surrounding city streets
and sidewalks. Through implementation of future requirements for transportation-related
improvements, the effects of the zone change on transportation systems will be addressed in
accordance with the Unified Development Code and other regulatory and policy requirements.
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G. Promotion of compatible urban growth.
Yes. The zone change would expand the B-2 Community Business District to encompass one
undeveloped property currently zoned BP Business Park District. The property in question is
on the edge of the city limits and in an area of commercial, residential and agricultural uses,
and is not developed with any use that relies on the BP zoning designation. The property’s
location lends itself to a wide variety of land uses that would be allowed in the proposed B-2
district, some of which would not be allowed in the existing BP district.
The zone change would accord to the Community Plan’s future land use map designation of
Community Commercial Mixed Use. Additionally, the growth policy supports the
development of service and employment centers to benefit the community. The growth policy
states that, “because of the draw from outside Bozeman, it is necessary that these types of
facilities be located in proximity to significant transportation routes.” The proposed zone
change would allow commercial development in close proximity to Huffine Lane and adjacent
to established commercial uses. Additionally, Bozeman’s Unified Development Code defines
compatible development as “The use of land and the construction and use of structures which
is in harmony with adjoining development, existing neighborhoods, and the goals and
objectives of the city’s adopted growth policy.” Existing zoning of the surrounding
neighborhoods includes residential (R-3, R-4, and R-O) to the south, west and north, and a
relatively large area of B-2 to the east and north that is developed commercially. The proposed
zone change to B-2 would create compatible urban growth on the subject property that is in
harmony with adjoining development.
H. Character of the district.
Yes. The property is currently vacant and is within a mixed use area; the zone change to B-2
would extend that adjacent district and the subsequently allowed uses of the B-2 district. The
allowed uses for the B-2 district would be consistent with the character of this area in general,
as well as that of the B-2 district in question.
I. Peculiar suitability for particular uses.
Neutral. The property is currently vacant and zoned BP Business Park District. The change to
B-2 would subsequently allow development of the property for uses that would be required to
comply with the allowed land uses and development standards for B-2, at which time site-
specific conditions would be considered, as the zoning standards dictate. At present time, the
suitability of the site is no more favorable to uses allowed in the existing BP district or the uses
allowed in the proposed B-2 district. The on-site conditions appear equally suited to a wide
variety of commercial or industrial uses, but considering the stream and wetlands on the
property, any potential future use, whether the zoning is BP or B-2, should consider the
environmental constraints and potential impacts of the land uses on these sensitive features.
J. Conserving the value of buildings.
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Yes. No buildings are located on the property; however, the proposed zone change from BP
to B-2 would allow future development of the property in accordance with B-2, which allows
for a different variety of land uses than the existing BP. This zone change would not itself
impact the value of buildings in a measurable way, especially considering the vacant status of
the property, and future uses are unknown. Generally, industrial uses as allowed in BP are
considered more offensive to property values than commercial uses as allowed in B-2, which
suggests that the proposed zone change may have a positive effect, if any, on the value of
buildings in the immediate vicinity.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed change from BP to B-2 would expand the adjacent B-2 Commercial
Business District to encompass a vacant property and allow for development in accordance
with the B-2 district standards. The B-2 district is an implementing district of the Community
Plan’s future land use map designation of Community Commercial Mixed Use. The vicinity’s
primary commercial zoning district would therefore be expanded in a manner that would
incrementally encourage appropriate land uses throughout the area by further implementing
the Community Commercial Mixed Use designation. By rezoning the property in a manner
consistent with the Community Plan’s future land use map, the City’s coordinated plan for the
jurisdictional area will be implemented to encourage the most appropriate use of land
throughout the City.
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in the area?
No. 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, whereas the existing BP district is contrary to prevailing
land uses in the area and in this part of the BP district. As a result, the proposed B-2
zoning designation would not result in primary uses of the site which would be
significantly different from prevailing land uses in the area.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Yes. The proposed B-2 zoning designation is being requested by one landowner and
would apply to one property and the adjacent highway right-of-way, totaling 19.8 acres.
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The proposed B-2 zoning designation is not anticipated to directly benefit surrounding
landowners. However, it is important to consider the fact that the property is currently
approximately half of this area of the BP district, with the larger existing B-2 district
adjacent on two sides. 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 property into the adjacent B-2 district, which is a district consistent with the
surrounding area.
3. Would the change be in the nature of “special legislation” designed to benefit only one
or a few landowners at the expense of the surrounding landowners or the general
public?
No. No substantial negative impacts or “expense” to the surrounding landowners or the
general public have been identified as potentially attributable to this amendment. As
discussed in the various review criteria above, the proposed B-2 zoning designation
will allow for commercial use and development in an appropriate area as per recent city
plans, and will help meet the projected demand for the uses allowed in the B-2 district.
Based on the above analysis of the spot zoning factors, it does not appear the proposed ZMA
would constitute illegal “spot zoning”.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address and legal description of the property), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw a
previously filed protest at any time prior to final action by the City Commission. Protests
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must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
A ZMA application requesting amendment of the City of Bozeman Zoning Map for an existing
18.24 acre property and the adjacent highway right-of way from BP (Business Park District)
to B-2 (Community Business District).
No other applications indicating specific plans for development of the property have been
submitted to the City of Bozeman with the ZMA application.
The subject property is currently an undeveloped field with a stream and wetlands occupying
portions of the property.
Properties to the north and east are developed with commercial land uses, primarily automobile
dealerships and related uses. Residential developments are located to the south and northwest
of the property. A large agricultural and residential tract is located to the west along Huffine
Lane where the rest of the portion of the existing BP district is located. That property appears
to include the 41’ wide strip of the BP district that would remain zoned BP.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on Thursday, August 15, 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 16, 2019. Notice was published in the Legal Ads
section of the Bozeman Daily Chronicle on Sunday, August 18, 2019 and Sunday, September
1, 2019. There have been no comments as of the date this report was written.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as Community Commercial Mixed Use on the Bozeman
Community Plan’s future land use map. The description for the Community Commercial
Mixed Use land use category is as follows:
Community Commercial Mixed Use. Activities within this land use category are the
basic employment and services necessary for a vibrant community. Establishments located
within these categories draw from the community as a whole for their employee and
customer base and are sized accordingly. A broad range of functions including retail,
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education, professional and personal services, offices, residences, and general service
activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are
integrated with significant transportation corridors, including transit and non-automotive
routes, to facilitate efficient travel opportunities. The density of development is expected
to be higher than currently seen in most commercial areas in Bozeman and should include
multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow
residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas,
outdoor seating, public art, and hardscaped open space and park amenities are anticipated,
appropriately designed for an urban character. Placed in proximity to significant streets and
intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall
be provided. High density residential areas are expected in close proximity. Including
residential units on sites within this category, typically on upper floors, will facilitate the
provision of services and opportunities to persons without requiring the use of an
automobile.
The Community Commercial Mixed Use category is distributed at two different scales to
serve different purposes. Large Community Commercial Mixed Use areas are significant
in size and are activity centers for an area of several square miles surrounding them. These
are intended to service the larger community as well as adjacent neighborhoods and are
typically distributed on a one mile radius. Smaller Community Commercial areas are
usually in the 10-15 acre size range and are intended to provide primarily local service to
an area of approximately one-half mile radius. These commercial centers support and help
give identity to individual neighborhoods by providing a visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations
the size and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and
should not be overly dominated by any single land use. Higher intensity employment and
residential uses are encouraged in the core of the area or adjacent to significant streets and
intersections. As needed, building height transitions should be provided to be compatible
with adjacent development.
As Table C-16 from the Bozeman Community Plan shows, the proposed zoning of B-2 is an
implementing district for the future land use designation of “Community Commercial Mixed
Use”, whereas the existing industrial zoning of BP does not implement the Community
Commercial Mixed Use designation.
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Table C-16 Zoning Correlation With Land Use Categories
Zoning Districts
Plan Category R-S R-1 R-2 R-3 R-4 R-5 *** R-O REMU** RMH B-1 B-2 B-2M *** B-3 UMU M-1 M-2 BP NEHMU PLI Residential ● ● ● ● ● ● ● ● ● Residential Mixed
Use Emphasis ● ● ● ● ● ●
Suburban
Residential ● ● ●
Regional
Commercial and Services ● ● ● ●
Community Core ● ● ● Community
Commercial Mixed-Use ● ● ● ● ●
Business Park Mixed Use ● ● ● ●
Industrial ● ● ● ● ● Public
Institutions ●
Parks, Open
Space, and Recreational Lands*
● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●
Golf Courses ● ●
Present Rural ●
*Parks are depicted on Figure 3 in almost all zoning districts. Open spaces for a variety of purposes are created
under all zoning districts. Indication in this table does not create an allowance for uses other than parks and open
spaces that are not already included in the zoning district.
**The Residential Emphasis Mixed Use zoning district was created by Ordinance 1802 with final adoption on
April 11, 2011.
***The R-5 and B-2M zoning districts were created by Ordinance 1942 with final adoption on May 25, 2016.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2 Community Business District. The intent of the B-
2 district is to provide for a broad range of mutually supportive retail and service functions
located in clustered areas bordered on one or more sides by limited access arterial streets.
Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due
to their complementary nature and ability to enhance the walkability of these districts. Design
standards emphasizing pedestrian oriented design are important elements of this district. Use
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of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by
transit.
The subject property is bordered on the south side by Huffine Lane/MT Highway 191, which
is a principal arterial according to the 2017 Bozeman Transportation Master Plan (map Figure
2.5 on page 25 of the transportation plan) and meets the definition of “Arterial” of subsection
38.42.2990 of the Unified Development Code (UDC).
The use tables in Sec. 38.310.040 of the UDC list the allowed land uses for the B-2 district.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Floweree Family LLC (application signed by John Floweree)
Address: Muckel Anderson, Reno, Nevada 89505-1869
Applicant: Chris Wasia, Genesis Engineering, Inc., 204 North 11th Avenue, 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.
561
ENGINEERING
CONSULTING
PLANNING
DESIGN
204 N. 11th Ave. BOZEMAN, MT 59715 406-581-3319 www.g-e-i.net
204 N. 11th Ave., Bozeman, MT 59715 Cell: (406) 581-3319 www.g-e-i.net Page 1 of 1
June 25, 2019
Chris Saunders
Community Development Planning Interim Director
City of Bozeman Community Development
PO Box 1230
Bozeman, MT 59771-1230
Re: Floweree Family – Zoning Map Amendment Application
Dear Chris,
As we discussed earlier this year, the Floweree Family would like to change the zoning of their
unplatted property west of the Billion Auto Plaza. The purpose of the zoning change would be to
align the zoning with the perceived direction of the property and to match the zoning with the
current Growth Policy. The zoning would match existing zoning to the north and east of the subject
property. Please find attached one hardcopy of the Zone Map Amendment form and narrative, as
well as 3 copies of the exhibits, and two CDs with full digital copies of the submittal. Also included
in the submittal is a check for $3,083.40 to cover the review fee of $1,935 + ($58 x 19.8 acres).
Thank you for meeting with me regarding this project. Let us know if you need anything else as
part of this submittal.
Sincerely,
__________________________
Chris Wasia, P.E.
Genesis Engineering, Inc.
www.g-e-i.net
H:\1016\003\DOCS\COB Apps\ZMA - cover letter.doc
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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:
Affordable housing (Y/N):
Cash in lieu of parkland (Y/N):
VICINITY MAP
CITY USE ONLY
Submittal date:
Application file 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
Floweree Family LLC
Zone Map Amendment (ZMA)
W 1/2 of SE 1/4 of SE 1/4 of Section 9, T02S, R05E
Less MDT ROW Part of COS 1505
Fallon Street
59715
Business Park
18.24 Acres
Fallon Street
None
None
NA
NA
NA
NA
NA
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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 different) 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.
Certification 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
final 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
Flowerree Family LLC : John Flowerree
Muckel Anderson, Reno, Nevada 89505-1869
406-570-6791
john@flowerreefarms.com
Genesis Engineering, Inc. : Chris Wasia
204 North 11th Avenue, Bozeman, MT 59715
(406) - 581-3319
cwasia@g-e-i.net
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DEVELOPMENT REVIEW APPLICATION
Applicant Signature:
Printed Name:
Owner Signature:
Printed Name:
Owner Signature:
Printed Name:
If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC.
Attach separate sheets for additional owner signatures.
6. APPLICATION TYPES
Check all that apply, use noted forms.
1. Pre-application Consultation
2. Master Site Plan
3. Site Plan
4. Subdivision pre-application
5. Subdivision preliminary plan
6. Subdivision final plan
7. Subdivision exemption
8. Condominium Review
9. PUD concept plan
10. PUD preliminary plan
11. PUD final plan
12. Annexation and Initial Zoning
13. Administrative Interpretation Appeal
14. Administrative Project Decision Appeal
. Commercial Non-residential COA
16. Historic Neighborhood
Conservation Overlay COA
17. Informal Review
18. Zoning Deviation/Departure
. Zoning or Subdivision Variance
. Conditional Use Permit
21. Special Temporary Use Permit
22. Special Use Permit
23. Regulated Activities in Wetlands
24. Zone Map Amendment (non-Annexation)
25. UDC Text Amendment
26. Growth Policy Amendment
27. Modification/Plan Amendment
. Extension of Approved Plan
. Reasonable Accommodation
30. Comprehensive Sign Plan
31. Other:
CONTACT US
FORM FORM
None INF
MSP None
SP 19 Z/SVAR
PA 20 CUP
PP STUP
FP SUP
SE WR
CR ZMA
PUDC ZTA
PUDP GPA
PUDFP MOD
ANNX 28 EXT
AIA 29 RA
APA CSP
15 CCOA
NCOA
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406.582.2260
fax 406.582.2263
planning@bozeman.net
www.bozeman.net
Development Review Application A1 Page 3 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS
Chris Wasia
John Flowerree
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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.
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ENGINEERING
CONSULTING
PLANNING
DESIGN
204 N. 11th Ave. BOZEMAN, MT 59715 406-581-3319 www.g-e-i.net
204 N. 11th Ave., Bozeman, MT 59715 Cell: (406) 581-3319 www.g-e-i.net Page 1 of 2
June 25, 2019
Zone Map Amendment Narrative
West1/2 of the SE1/4 of the SE1/4 of Section 9 – Floweree Family
1. A thorough narrative including a detailed response to the following:
a. Is the new zoning designed in accordance with the growth policy? The growth policy lists the subject property as “Community Commercial Mixed Use”. The proposed
zoning change from BP to B-2 actually brings the zoning closer to the growth policy by changing the
zoning from industrial to commercial.
b. Will the new zoning secure safety from fire and other dangers? How? The proposed B-2 zoning has standards for building height, setback, and list of authorized uses within
the current U.D.O. which will help secure safety from fire in future development in this area. The lands
to the north and east are already zoned B-2 and secure safety from fire is currently being met.
Emergency vehicle access standards as well as the applicable building codes will also aid in the fire
safety.
c. Will the new zoning promote public health, public safety and general welfare? How?
The proposed B-2 zoning has standards which promote public health, safety and welfare within the
current U.D.O. The zoning changes does not affect the public health standards established by the City and State for roads and public utilities. All City and Federal public safety requirements will still be
required in the proposed B-2 zoning.
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks,
and other public requirements? How?
The proposed B-2 zoning has standards to provide for adequate transportation, water, sewerage,
schools, and parks within the current U.D.O. The zoning change does not affect the public health
standards established by the City and State for roads and public utilities.
e. Will the new zoning provide reasonable provision of adequate light and air? How? The building height and landscaping requirements are the same for BP and B-2 zoning. Therefore, the
zoning change will not affect the provision of adequate light or air. Separate national and local building
requirements will also likely provide for a reasonable provision of adequate light and air.
f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? No, the effect on motorized and non-motorized transportation systems will remain the same.
g. Does the new zoning promote compatible urban growth? How?
The new zoning promotes compatible urban growth since the proposed zoning matches existing zoning to the east, and north. The proposed zoning is also more aligned with the current growth policy.
h. Does the new zoning promote the character of the district? How?
Yes, the new zoning will better promote the character of the district with the change from industrial
uses within BP to commercial uses within B-2 zoning. The commercial uses will better align with the
Grown Policy and the change is zoning will align with the properties to the north and east.
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204 N. 11th Ave., Bozeman, MT 59715 Cell: (406) 581-3319 www.g-e-i.net Page 2 of 2
i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
The new zoning does will not significantly affect the areas suitability for particular uses. The intent of
the proposed B-2 zoning is to provide area for supportive retail and service functions located in areas bordered by arterial streets. The principal uses within B-2 zoning align with the future plans and needs
for this area. The new zoning will also match surrounding zoning to the north and east while still
leaving a buffer between the next low-density residential zoning area.
j. Was the new zoning adopted with a view to conserving the values of buildings? How?
There are currently no buildings on the subject site. The proposed zoning will not devalue the
neighboring buildings as those buildings are already in the same B-2 zoning.
k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area?
Yes. The intent of the proposed B-2 zoning is to provide area for supportive retail and service functions located in areas bordered by arterial streets. Since this property borders Huffine Lane, this would
provide the most appropriate use. The proposed re-zoning to B-2 is also congruent with zoning adjacent
main corridors throughout the City of Bozeman zoning area.
H:\1016\003\DOCS\COB Apps\re-zoning narrative.doc
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571
9,0280.3
Miles
This product is for informational purposes and may not have been prepared for, or be suitable for legal,
engineering, or surveying purposes. Users of this information should review or consult the primary data and
information sources to ascertain the usability of the information. Feet
1,0510
Legend
526
Location
1,051
03/12/2019
Created By:
Created For:
Date:
Title
Proposed
Application Received
On Hold
Initial Review
In Review
Public Notice
Final Review
Street Names
Community Plan Future Land Use
Residential
Residential Emphasis Mixed Use
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
Other Public Lands
Golf Course
Present Rural
City Limits
572