HomeMy WebLinkAbout03-09-20 City Commission Packet Materials - A2. Eastlake Prof Center ZMA from B-2 to B-2M App 194991
REPORT TO: Mayor and City Commission
FROM: Tom Rogers, Senior Planner
Martin Matsen, Director of Community Development
SUBJECT: The Eastlake Professional Center Zone Map Amendment to rezone designate
approximately 7.65 acres at the southeast corner of East Valley Center Road and
North 27th
Avenue from B-2 (Community Business District) to B-2M
(Community Business District-Mixed), Application 19499.
MEETING DATE: March 9, 2020
AGENDA ITEM TYPE: Action - Legislative
RECOMMENDATION: Meets standards for approval with contingencies.
RECOMMENDED 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 19-499 and move to adopt the findings presented in the staff
report and to approve the Eastlake Professional Center zone map amendment, with contingencies required
to complete the application processing.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Approve the application with contingencies as presented;
2) Deny the application based on findings of non-compliance with the applicable
criteria contained within the staff report; or
3) Open and continue the public hearing, with specific direction to staff or the
applicant to supply additional information or to address specific items.
FISCAL EFFECTS: No unusual fiscal effects have been identified. No presently budgeted funds will
be changed by this zone map amendment.
Attachments: Staff report
Application materials
Report compiled on February 27, 2020
Commission Memorandum
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Page 1 of 31
19499, Staff Report for the Eastlake Professional Center Zone Map
Amendment
Public Hearing Date:
Zoning Commission public hearing will be held on February 18, 2020 at 6:00 pm in
the City Commission room, City Hall, 121 North Rouse.
City Commission public hearing will be held on March 9, 2020 at 6:00 pm in the
City Commission room, City Hall, 121 North Rouse.
Project Description: Eastlake Professional Center zone map amendment requesting
amendment of the City Zoning Map for an existing lot consisting of approximately
7.65 acres and the accompanying adjacent right-of way from B-2 (Community
Business District) to B-2M (Community Business District-Mixed).
Project Location: The property is located at the southeast corner of East Valley Center
Road and North 27th
Avenue. The property is legally described as Lot 1A, Minor
Subdivision 221E, and the adjoining Right-of-Way of East Valley Center Road,
located in the Southwest one-quarter (SW ¼) of Section 26, Township One South
(T01 S), Range Five East (R05 E), P.M.M., City of Bozeman, Gallatin County,
Montana.
Recommendation: Meets all standards for approval
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 19-499 and
move to recommend approval of the Eastlake Professional Center Zone Map
Amendment, with contingencies required to complete the application processing.
Recommended City Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 19-499 and
move to adopt the findings presented in the staff report and to approve the Eastlake
Professional Center zone map amendment, with contingencies required to complete
the application processing.
Report Date: February 11, 2020
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action – Legislative
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EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
The owner, Eastlake Professional Center LLC, a foreign limited liability company registered
in the state of Delaware, and applicant agent Eastlake Professional Center LLC submitted an
application to rezone 7.65 acre parcel from B-2 to B-2M.
The subject property is currently undeveloped with no buildings or structures on-site.
Through key infrastructure investments, namely the Davis Lane lift station, the area is an
evolving part of the City. The Davis Lane lift station is being constructed to the north and
west of subject property and across the I-90 Interstate. It is likely much of any future
development will use the lift station to provide wastewater service. Also, Billings Clinic
rezoned nearby property from R-O to B-2 on 16.8 acres, see Ordinance 2036.
The subject property was created by minor subdivision No. 221, platted in 1997 prior to
annexation in the City of Bozeman to create four (4) large tracts from a 136.8 acre parent
parcel. No infrastructure installation was required at the time of subdivision. Through the
subdivision exemption process, Lot 1A, Minor Subdivision No. 221E was created. The
property was annexed in 2004 and has remained vacant.
The primary differences between the B-2 and B-2M districts are greater building height,
more permissive residential use, and reduction of parking requirements. Building height in
the B-2 district is between 34 – 44 feet, depending on roof pitch, with an additional 50
percent height bonus (up to 66 feet) if implementing the Regional Commercial and Services
growth policy land use designation. The subject property is not within the Regional
Commercial and Services growth policy land use designation at this time. Building height in
B-2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor without a
Conditional Use Permit in the B-2M zone. And finally, parking requirement in the B-2M are
reduced up to a 75 percent for residential use and 50 percent for commercial uses.
Zoning Commission Summary
The Bozeman Zoning Commission held a public hearing on the proposed Eastlake
Professional Center zone map amendment application on Tuesday, February 18, 2020. No
public comment was heard. Based on the Staff Report, Applicant submittal, and all
information presented the Zoning Commission recommends approval of the application.
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The video recording of the public hearing is available at the following web link.
https://media.avcaptureall.com/session.html?sessionid=17df8163-2b09-4808-899b-
57e01facf8c9&prefilter=654,3835
Alternatives
1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 9
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 10
Section 76-2-304, MCA (Zoning) Criteria ....................................................................... 10
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 16
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 17
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 17
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 17
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 30
FISCAL EFFECTS ................................................................................................................. 30
ATTACHMENTS ................................................................................................................... 31
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SECTION 1 - MAP SERIES
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Vicinity Map
Current Zoning
Subject Property
Subject Property
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Current Land Use Map
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Future Land Use Map
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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. All documents and exhibits necessary to establish an initial municipal zoning
designation must be identified as the “Eastlake Professional Center Zone Map
Amendment”.
2. That the applicant must submit a Zone Amendment map, titled “Eastlake Professional
Center 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 with the Annexation Agreement 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 right-of-ways
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, the Staff recommends
approval as submitted. The Development Review Committee (DRC) considered the
amendment on December 18, 2019. The DRC did not identify any infrastructure or
regulatory constraints that would impede the approval of the application.
The Zoning Commission will hold a public hearing on this zone map amendment on
February 18, 2020 and will forward its 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 zone map amendment on March 9,
2020. 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 plan 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.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff
considers the entire body of regulations for land development. Standards which prevent or
mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. According to the Bozeman Community Plan, 2009 (“Plan”) the subject property is
classified as Community Commercial Mixed Use, see the Future Land Use map in section
one above. Table C-16 of the Plan details implementing zoning districts for each future land
use category. Both the B-2 and B-2M zoning designations are implementing districts for the
Community Commercial Mixed Use (CCMU) category.
The parcel is within a sizable CCMU region composed of approximately 250 acres,
excluding the designated commercial area south of Baxter Lane, which is indicative of the
intended regional commercial center. The majority of Bozeman’s large format retailers have
set up shop in the area due to their close proximity to major transportation routes and
available large parcels with supporting infrastructure. The B-2M district allows a wide
variety of uses and encourages integrated designs which furthers numerous goals and
objectives of the Plan.
The City encourages infill development. However the Plan defines “infill” as “development
or redevelopment of vacant, abandoned, or underutilized properties which are within
developed areas of the City, and where water, sewer, streets, and fire protection have already
been developed and are provided. Annexed areas located on the periphery of the City limits
shall generally not be considered infill site”.
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Considerable investment by the City through the Davis Lane lift station is nearing
completion. Billings Clinic owns the property directly to the west and rezoned a portion of
their property from R-O to B-2. However, as apparent in the maps in section one, the
property and surrounding lands remain vacant. Residential development is located
approximately 1,300 to the south and the Bozeman School District’s bus barn across 27th
Street to the west.
Additionally, the proposed zone map amendment advances multiple objectives of the growth
policy:
Land Use Objective 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.
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Objective LU-2.1: Locate high density community scale service centers on a one mile
radius, and neighborhood service centers on a one-half mile radius, to facilitate the
efficient use of transportation and public services in providing employment, residential,
and other essential uses.
Community Quality Objective 1.3: “Support compatible infill within the existing area of
the City rather than developing land requiring expansion of the City’s area.”
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 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 change from B-2 to B-2M is not likely to adversely impact safety from fire and
other dangers.
C. Promote public health, public safety, and general welfare.
Yes. Future development of the site will require site plan review and compliance with the
City’s Unified Development Code which ensures the promotion of public health, safety and
general welfare. The proposed amendment will not put undue burden on municipal services,
emergency response capability, or similar existing requirements.
Further subdivision may be advantageous for the desired outcome of any development.
Subdivision standards will further public health and safety by ensuring full circulation,
infrastructure, and other support systems such as parks and open space.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. Additional transportation, water, and sewerage, and, if residential development is
proposed, parks are required prior to occupancy of any future development. South 27th
does
not meet the City’s complete streets without further installation of sidewalks and multi-modal
infrastructure. City wastewater systems will need to be extended and may require extension
of a force main to provide service. City water service is available although would require
additional service lines to become complete.
No park areas were considered with the original subdivision. If a residential component is
desired, park dedication is required.
The review processes and development standards of the City will insure all necessary
infrastructure is installed prior to use.
Revision from Zoning Commission hearing:
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Based on discussion at the Zoning Commission hearing staff revised our finding of “neutral”
for this criterion to the affirmative. As with criterion A-C 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. 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 redevelopment of the property will be subject to these provisions.
F. The effect on motorized and non-motorized transportation systems.
Neutral. Potential future development within a zoning district of B-2M will likely affect the
City’s motorized and non-motorized transportation system with increased traffic. Future
development may require a Traffic Impact Study to identify the extent of increased traffic
volumes and specify required infrastructure improvements to serve the development. City
standards require provisions for non-motorized transportation systems.
The subject property is an area not conducive to safe and convenient non-motorized
transportation at this time. For example, both Target and COSTCO Warehouse are
approximately 3,700 feet via the most direct pedestrian or bicycle access point. The US Post
Office does not have direct pedestrian access and sits 1.8 miles from the property.
However, the site is accessible by vehicular travel by a number of routes including East
Valley Center Road and South 27th
Avenue. These conditions exist regardless of the applied
zoning district and will be reviewed and resolved with future development. The change in
zoning district will have minimal effect on required road improvements, pedestrian or bicycle
facilities, or similar compliance with standards.
G. Promotion of compatible urban growth.
Yes. The Growth Policy supports regional and mixed-use commercial development in the
vicinity of the Eastlake Professional Center ZMA. Adjacent roadways are designated
Collector and Arterial streets according to the Transportation Plan, 2017. As noted earlier in
this report, the property was annexed in 2004 and has remained vacant. Development interest
in the area is apparent with the Nelson Meadows industrial subdivision currently under
construction and Billings Clinic pursuing a zoning change on a parcel near the Eastlake
Professional Center ZMA property.
The property is wholly surrounded by similarly zoned commercial property making the
proposed amendment compatible with surrounding zoning uses and intents.
H. Character of the district.
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Yes. Section 76-2-302, MCA says “…legislative body may divide the municipality into
districts of the number, shape, and area as are considered best suited to carry out the purposes
[promoting health, safety, morals, or the general welfare of the community] of this part.”
Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. It is not expected that zoning freeze the character of an area in perpetuity.
Rather, it provides a structured method to consider changes to the character. This is especially
true when applying zoning to undeveloped areas as any new construction will alter the physical
characteristics of the area.
The proposed amendment to B-2M would support a regional service center which is near
significant transportation routes, and along I-90 which is an appropriate adjacent land use to
the interstate. The character of the greater area is evolving while the character of the district
consists mostly of vacant land. There is an established hotel area to the south with large scale
retail further to the south. In different future land use designated areas (residential) existing
residential neighborhoods have developed including Trout Meadows, Cattail Creek
Subdivision, and other residential neighborhoods south of Catamount Street.
The growth policy states that within the Regional and Commercial Services district, “it is
appropriate that design guidelines be established to ensure compatibility with the remainder
of the community. Opportunity for a mix of uses which encourages a robust and broad
activity level is to be provided.” The establishment of B-2M zoning will allow the
development of a mix of uses with appropriate design guidelines.
I. Peculiar suitability for particular uses.
Yes. The proposed property is bounded by B-2 zoning on two sides, a parcel of PLI (Public
Lands and Institutions) serving as the school districts’ bus barn, and a roadway on the other
side. In addition, staff concurs with the applicant statement that, “The proposed zone change
does not represent a significant change from the current B-2 zone and it is consistent with
adjacent zoning, current and proposed uses in the area, and the Bozeman Community Plan
for future land uses. Multiple commercial and residential uses currently exist within
proximity to the subject site. Additionally, a B-2M zoning designation will encourage
support services and employment opportunities correspondent to possible uses within the site
and between adjacent sites. This property site will have flexibility to promote a cohesive
neighborhood pattern that will connect adjacent roadways and corridors, and extend existing
public infrastructure.”
J. Conserving the value of buildings.
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Yes. There are no existing buildings on the site, therefore the proposed zoning amendment
would not affect any on-site building values. B-2M zoning will allow for new and diverse
development patterns on the subject parcel that compliment development on adjacent sites.
There are no existing buildings on contiguous sites. Future development must comply with
the Bozeman Unified Development Code which will ensure an appropriate scale and
intensity of uses. As a result, the proposed zone map amendment is not anticipated to
negatively impact nearby building values as the development pattern will be appropriate to
the surrounding character of the district.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed B-2M zone map amendment will encourage the most appropriate use of
land as the growth policy was recently amended to designate the property as “Regional
Commercial and Services,” which the proposed B-2M designation will implement. By
maintaining zoning 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. This criterion includes the modifier ‘significantly.’ It is not prohibited to have
uses that are different. To be a Yes, the reviewer must demonstrate a ‘significant
difference.’
The differences between B-2 and B-2M are small and not significant. Allowed uses
are identical although their integration into a single building does vary. As noted
above, parking requirements are considerably less in the B-2M district that the B-2
district. As a result, the proposed B-2M zoning designation would not result in
primary uses of the site which are significantly different from prevailing land uses in
the area.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Yes. The proposed zoning change benefits one property owner. However, the B-2M
zoning designation is an implementing district to the commercial land use designation
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and may be utilized by any other property owners who wish to employ the B-2M
district to their respective property. In addition, there is no difference in permitted
uses between a B-2 and B-2M district. As noted in the applicant response to this
criterion, the proposed change will not inhibit potential development on adjacent
properties.
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 to the surrounding landowners or the general
public have been identified due to this amendment. While the number of landowners
who will directly benefit from the proposed zone map amendment is small (one), the
proposed amendment is not at the expense of surrounding landowners or the general
public. As discussed above in the various review criteria, no substantial negative
impacts have been identified due to this amendment. The proposed B-2M zoning
designation will allow for a variety of uses conducive to the Regional Commercial
land use designation.
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.
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APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
A zone map amendment requesting amendment of the City Zoning Map for an existing
lot consisting of approximately 7.65 acres and the accompanying adjacent right-of way
from B-2 (Community Business District) to B-2M (Community Business District-
Mixed).
The subject property was created by minor subdivision No. 221, platted in 1997 prior to
annexation in the City of Bozeman to create four (4) large tracts from a 136.8 acre parent
tract. No infrastructure installation was required. Through the subdivision exemption process,
Lot 1A, Minor Subdivision No. 221E was created. The property was annexed in 2004 and
has remained vacant.
The subject property is currently undeveloped with no buildings or structures on-site.
Through key infrastructure investments, namely the Davis Lane lift station, the area is an
evolving part of the City. The Davis Lane lift station is being constructed to the north and
west of subject property and across the I-90 Interstate. It is likely much of any future
development will use the lift station to provide wastewater service. Also, Billings Clinic
rezoned nearby property from R-O to B-2 on 16.8 acres, see Ordinance 2036.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US first class mail to all owners of property located inside the site and
within 200 feet of the perimeter of the site. The project site was posted with a copy of the
notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle
on February 2 and 9, 2020. The Zoning Commission hearing is scheduled for February 18,
2020 and the City Commission public hearing is scheduled for March 9, 2020.
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 in the Bozeman Community
Plan future land use map – see descriptions below.
“Community Commercial Mixed Use.” The growth policy states that, “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
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functions including retail, 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…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… 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-2M is
an implementing district for the future land use designation of “Community Commercial
Mixed Use”.
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Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2M (Community Business District-Mixed). The intent
of the B-2M district is “.. to function as a vibrant mixed-use district that accommodates
substantial growth and enhances the character of the city. This district provides for a range of
commercial uses that serve both the immediate area and the broader trade area and encourages
the integration of multi-household residential as a secondary use. Design standards emphasizing
pedestrian oriented design are important elements of this district. Use of this zone is appropriate
for arterial corridors, commercial nodes and/or areas served by transit”.
Table 38.310.040.A Permitted general and group residential uses in residential zoning
districts
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Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards
specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU
RE
MU
NEHMU
2
BP M-1 M-2
General sales
Automobile, boat or
recreational vehicle
sales, service and/or
rental
— — — — — — P — P P —
Automobile fuel sales
or repair
(38.360.070)*
S S S S S S P — P P —
Convenience uses
(38.360.100)*
— P P C C P P — — — —
Heavy retail
establishment (Retail,
large scale -
38.360.150)*
— P P C P C P — P P —
Restaurants* P 3 P P P P P
P
1,500sf
— P 3 P 3 —
Retail*
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• 0-5,000sf GFA P 4 P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6
A 6 C
7
A 6 C
7
—
• 5,001-24,999sf
GFA
— P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6
A 6 C
7
A 6 C
7
—
• 25,000sf-39,999sf
GFA
— P 4 P 4 P 4 P 4 — A 6 C 7 A 6
A 6 C
7
A 6 C
7
—
• Over 40,000sf GFA
(Retail, large scale -
38.360.150)*
— P 4 P 4 — S — — — — — —
Sales of alcohol for
on-premises
consumption
(38.360.060)
S 8 S 8 S 8 S 8 S 8,9 S 8,9 S 8 — C 8,10 C 8,10 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet,
whichever is less, or occupying not more than 45 percent of the gross floor area of a food
processing facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are
limited to no more than four structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are
limited to no more than two structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20
percent of gross floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use are conditionally permitted.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with the
following conditions:
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19499, Staff Report for the Eastlake Professional Center ZMA Page 22 of 31
a. Restaurants serving alcoholic beverages are limited to those with state beer and wine
licenses issued since 1997, prohibiting any form of gambling and occupying not more than
45 percent of the total building area of a food processing facility; and/or
b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000
square feet or 50 percent of the facility, whichever is less.
Table 38.310.040.B
Permitted services and temporary lodging uses in commercial, mixed-use, and industrial
zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use
is permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU
NEHMU
2
BP M-1 M-2
Personal and general service
Animal shelters — — — — — — C — S S —
Automobile washing
establishment*
— P P C C C P — P P —
Daycare—Family, group,
or center*
P 3 P 3 P 3 P 3 P 3 P 3 S/A S/A 4 C/A 4 C/A 4 C
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General service
establishment*
P P P P P P P C P C —
Health and exercise
establishments*
P
S
P P P P P P C P P —
Heavy service
establishment*
— P P C P C P — P P —
Medical and dental
offices, clinics and
centers*
P 3
S
P 3 P 3 P 3 P 3 P 3 P P P P —
Mortuary — S S S S — — — — — —
Offices*
P 3
S
P 3 P 3 P 3 P 3 P 3 P P 5 P P —
Personal and convenience
services*
P P P P P P A A A A —
Truck repair, washing,
and fueling services
— — — — — — C — C P —
Temporary lodging
Bed and breakfast* — — — — — P C — — — —
Short Term Rental (Type
1)*
— P P P P P P — — — —
Short Term Rental (Type
2)*
— P P P P P P — — — —
Short Term Rental (Type
3)*
— P P P P P — — — — —
Hotel or motel* — P P P P
P
40,000sf
P — P P —
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Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set
forth in section 38.510.020.
4. If primarily offering services to a single business or group of businesses within the same building
or building complex.
5. Professional and business offices only.
Table 38.310.040.C
Permitted residential uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU
NEHMU
2
BP M-1 M-2
General residential
Accessory dwelling unit
(38.360.040)
— — — — — P P — — — —
Apartments* 3 P 4 P 4 P 5 P 5 P P A 6 — A 6 A 6 —
Apartment buildings* 3 — C P P 5 P P — — — — —
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Cottage housing*
(38.360.110)
— — — — — P — — — — —
Single household dwelling
(38.360.210)
— — — — — P P — — — —
Three household dwelling or
four-household dwelling
(38.360.210)
— — — — — P — — — — —
Townhouses* 3 & rowhouses*
(38.360.240)
— C 7 P 7 P 7 — P 8 P — — — —
Two-household dwelling
(38.360.210)
— — — — — P P — — — —
Live-work units* P P P P P P P — — — —
Ground floor residential C P 5 P 5 — — — — — — —
Group residences
Community residential
facilities with eight or fewer
residents*
P 4
P 4,
5
P 4, 5
P 4,
5
P 4, 5 P P — — — —
Community residential
facilities serving nine or more
residents*
- C C — P P — — — — —
Cooperative household* — — — — — P C — — — —
Group living (38.360.150)* P 4 P 4 P 5 P 4 — P P — — — —
Lodging houses* — C C 5 C 3 P P — — — — —
Transitional and emergency
housing and related services
(38.360.135)*
— S S S S S S S S — S
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Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. May be subject to the provisions of chapter 38, article 380.
4. When located on the second or subsequent floor, or basement as defined in section 38.700.030
of this chapter. Lobbies associated with residential uses are allowed on the ground floor.
5. Non-residential uses (except for lobbies associated with residential uses) are required on the
ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to
designated storefront streets per section 38.500.010.
6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of
the building, and not located on the ground floor.
7. Five or more attached units.
8. Five or fewer attached units.
Table 38.310.040.D
Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning
districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
Industrial and Wholesale
Junk salvage or automobile
reduction/salvage yards
— — — — — — — — — C —
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Manufacturing, artisan* P P P P 3 P P P P P P —
Manufacturing (light)* — S S C 4 P 5 P 6 P P 5 P 5 P —
Manufacturing (moderate)* — C C — — — P P P P —
Manufacturing (heavy)* — — — — — — — — C P —
Outside storage — — — — — — P A P P —
Refuse and recycling
containers
A A A A A A A A A A —
Warehousing* — — — — — — P — P P —
Warehousing, residential
storage (mini warehousing)
(38.360.180)*
— — — — — — P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use
adjoining the building's entrance on Main Street is required. The downtown core includes those
properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north
and south from Main Street.
4. Except on the ground floor in the downtown core (those properties along Main Street from Grand
to Rouse Avenues and to the alleys one-half block north and south from Main Street).
5. Completely enclosed within a building.
6. Limited to 5,000 square feet in gross floor area.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use,
and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
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2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use
is permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
Public, educational, government and regional
Business, trade, technical or
vocational school
— P P P 3 P P P P P P —
Cemeteries* — — — — — — — — — — P
Essential services
(38.360.140)
• Type I A A A A A A A A A A A
• Type II P P P P P P P P P P P
• Type III C 4 P P C 4 C C 4
P
C
P P P P
Meeting hall - P P P P P — — — — —
Production manufacturing
and generation facilities
(electric and gas)
— — — — — — — — — S —
Public and nonprofit, quasi-
public institutions, e.g.
— — — — — — — — — — P
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universities, elementary
junior and senior high schools
and hospitals
Public buildings and publicly
owned land used for parks,
playgrounds and open space
P— P— P P P P P P P P P
Solid waste transfer station — — — — — — — — — C P
Solid waste landfill — — — — — — — — — — C
Truck, bus and rail terminal
facilities
— — — — — — P — P P —
Recreational, cultural and entertainment
Adult business (38.360.050)* — — — — — — — — P P —
Amusement and recreational
facilities
— P P — P — P — P C —
Arts and entertainment
center*
P P P P P
P
12,000sf
— — — — —
Casinos — — — — — — — — C C —
Community centers
(38.360.080)*
P P P P P P P P P P P
Accessory and/or other uses
Agricultural uses* — — — — — — — — — P —
Home-based businesses
(38.360.140)*
A A A A A A A A A A —
Other buildings and structures
(typically accessory to
permitted uses)
A A A A A A A A A A A
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Temporary buildings and
yards incidental to ongoing
construction work
— — — — — — A A A A —
Any use, except adult
businesses and casinos,
approved as part of a planned
unit development subject to
the provisions of division
38.430
C C C C C C C C 5 C 5 C 5 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set
forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the
second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter.
4. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
5. Also excludes retail, large scale uses.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Eastlake Professional Center, LLC, 1209 North Orange Street, Wilmington, DE 19801
Applicant: Randy Scully, 5073 Patterson Road, Bozeman, MT 59718
Representative: Intrinsik Architecture, Inc., 111 North Tracy Avenue, Bozeman, MT 59718
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
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19499, Staff Report for the Eastlake Professional Center ZMA Page 31 of 31
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Eastlake Professional Center Zone Map Amendment application materials.
Application materials
195
196
197
198
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 199
200
201
202
Exhibit A -
Vicinity Map
Pg. 27
203
Exhibit A.1 -
Vicinity Map and
Site Boundaries
204 Pg. 28
Exhibit A.2 -
Current Zoning
205 Pg. 29
N36°34'58"E
75.00'
92.29'
S00°55'05"W
608.81'
S89°50'55"W 462.52'
N00°54'39"E 486.42'
R = 430.00'
A = 267.59'
= 35°39'21"
Ch Brg = N18°44'59"E
Ch Dist = 263.30'
125.33'
S53°26'10"E 326.19'
NON-TANGENT CURVE
REVISION
SHEET
DESIGNED BY:
QUALITY CHECK:
JOB NO.
FIELDBOOK
DRAWN BY:
DATE:
16089 ZMAX1
REV DATE
EASTLAKE PROFESSIONAL CENTER ZONE MAP AMENDMENT
BOZEMAN, MONTANA
B16-089
9/11/2019
170/14
.DWG
1 OF 1
BST
Engineering
234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715
406.586.0277 • tdhengineering.com
ZONING B-2M (PREVIOUSLY ZONED B-2)
A TRACT OF LAND, SAID TRACT BEING LOT 1A OF MINOR SUBDIVISION NO. 221E, & AN ADJOINING PORTION OF EAST VALLEY CENTER ROAD
LOCATED IN THE SW 1/4 OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M.
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
”
”
Exhibit A.3 -
Site Survey
206 Pg. 30
Exhibit B -
Future Land
Use Designation
Pg. 31
207
Exhibit C -
Proposed Zoning
208 Pg. 32
EASTLAKE PROFESSIONAL
CENTER
Zone Map Amendment
Application
November 2019
209
November 2019 2
ZMA: Eastlake Professional Center
Table of Contents
1. Application Forms & Checklists………………………………………………………………..3
(Applications included in Appendix B - Zone Map Amendment (ZMA) Application, A1 Development Review
Application, & N1 Noticing Materials)
2. Project Team……………………………………………………………………………..……...4
3. Narrative
I. Project Overview…………………………………………………………………………....5
II. Relevant Project History…………………………………………………………………...6
III. Response to Zone Map Amendment Approval Criteria……………………………...…6
IV. Response to Spot Zoning Criteria………………………………………………………15
Appendices
Appendix A: Legal Description and Associated Attachment..……………………………18
Appendix B: Application Forms…………………………………………………………...…20
Appendix C: Exhibits
Exhibit A: Vicinity Map………………………………………………………………..27
Exhibit A.1: Vicinity Map and Site Boundaries…………………………………….28
Exhibit A.2: Current Zoning Map…………………………………………………….29
Exhibit A.3: Site Survey………………………………………………………………30
Exhibit B: Future Land Use Designation……………………………………………31
Exhibit C: Proposed Zoning………………………………………………………….32
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ZMA: Eastlake Professional Center
1. Application Forms & Fees
Attached please find the A1, ZMA, and N1 forms for the Eastlake Professional Center
Zone Map Amendment (ZMA) application. The calculated fee totals $2,378.70 as
outlined below, and is calculated based upon the gross site area (not inclusive of
Rights of Way) impacted by the proposed ZMA application.
COMPONENT FEE QUANTITY TOTAL
ZMA Base Fee $1,935.00 1 $1,935.00
Scaled Fee per Acre $58 7.65 $443.70
TOTAL $ 2,378.70
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November 2019 4
ZMA: Eastlake Professional Center
2. Project Team
APPLICANT East Lake Professional Center LLC
Randy Scully
5073 Patterson Road
Bozeman, MT 59718
p. 914-450-8803
PROJECT CONSULTANTS
Planning
Civil Engineering
Intrinsik Architecture, Inc.
Attn: Ryan Krueger, AICP CFM
111 N. Tracy Avenue
Bozeman, MT 59715
p. 406.582.8988
TD& H Engineering
234 East Babcock Street, Suite 3
Bozeman, MT 59715
p. 406.586.0277
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November 2019 5
ZMA: Eastlake Professional Center
3. Narrative
I. Project Overview
The subject property consists of 7.65 gross acres (not inclusive of Rights of Way
impacted by the ZMA), and is located in the NW portion of Bozeman at the SE corner
of the intersection of North 27th Avenue and East Valley Center Road. The property is
currently zoned Community Business District (B-2). Given its location and proximity to
other, regional sized services as well as medium density residential districts, this
property is a practical location for the proposed zone change to the more cotemporary
urban designation of Community Business District - Mixed (B-2M) as described
through this application. The project site is bordered by both a collector (North 27th
Avenue) and a principal arterial (Valley Center Road), which, when coupled with its
proximity to I-90, provides the site with a highly visible and accessible location. The
site is currently undeveloped, vacant land designated as Community Commercial
Mixed Use (CCMU) in the current Future Land Use Map (FLUM) outlined in the
effective Bozeman Community Plan (2009).
Significant commercial projects are planned or already in existence adjacent to this
ZMA subject parcel. The Billings Clinic Campus project to the west completed a
Growth Policy Amendment in June to change its future land use designation from
CCMU to Regional Commercial and Services. To the east and south, large-scale retail
and commercial services have been constructed or are under development. Taken as
whole, this area of the city is ripe for additional dense commercial development that
offers complimentary services in proximity to one another. Therefore, the B-2M zoning
district proposed through this application fosters flexible and creative solutions that
address both current market demands and long term land use goals on the subject
property, including the ability to provide support services for Billings Clinic Campus.
The intent of B-2M is to function as a vibrant mixed-use district, accommodating smart
growth and enhancing the character of the city. The project site’s proximity to major
transportation corridors, neighborhoods, parks, and a regional shopping center make it
an ideal candidate for this change. An amendment to B-2M zoning in this area will
foster a community commercial area consistent with the desired development pattern
of the underlying CCMU area. Serving the adjacent (future) Billings Clinic Campus and
area neighborhoods within approximately a one-mile radius, this area will be well
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ZMA: Eastlake Professional Center
suited to provide a distinct focal area and a visible identity to the district. The B-2M
designation will allow for more flexibility in design and attract development to provide
support services for the Billings Clinic and adjacent neighborhoods.
II. Relevant Project History
The applicant submitted for a concept review in July of 2018 (18-343), seeking to
develop a 5-lot subdivision at this site. However, since that time, the new Billings
Clinic has been proposed to the west and additional development has also begun
to materialize on several adjacent properties, prompting an adjustment of
project direction and this application for a Zoning Map Amendment (ZMA). No
development is proposed concurrently with this ZMA application.
III. Responses to ZMA Approval Criteria
Below are responses to the ZMA approval criteria (Section 76-2-304, MCA) that
address how the project relates to and meets the criteria outlined for the approval of a
zone change.
A. Is the new zoning designed in accordance with the growth policy?
Yes, therefore this criterion has been met. The zone amendment to B-2M is in
compliance with the growth policy. The future land use designation for this area is
currently Community Commercial Mixed Use (CCMU) and the proposed ZMA will
reinforces the future land use patterns anticipated in this area. Construction of this
project under the proposed B-2M will assuredly advance additional growth policy
goals, objectives, policies, and actions, however this application does not speak to
those proposed outcomes.
The intent of the B-2M zoning district aligns with the description and uses outlined
for CCMU in the City’s Growth Policy. While still under consideration, the pattern
for future activities at this site is envisioned as one of a variety of multi-story
employment services that support a broad range of functions. The area is currently
adjacent to significant transit corridors and future site development will necessitate
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November 2019 7
ZMA: Eastlake Professional Center
the creation on non-automotive transit routes. This site is in proximity to several
existing high density residential areas.
This site is most closely characterized as a Smaller Community Commercial area,
as detailed in the Growth Policy. The site is located at the intersection of an
arterial (East Valley Center Rd) and a collector (North 27th Ave).
Moreover, the proposed zoning map amendment advances a multitude of
applicable goals, objectives, policies, and actions of the City’s current Community
Plan (2009) as described below:
Land Use Objective - 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.
RESPONSE: This land use objective lies at the crux of this ZMA application
to B-2M. B-2M fosters infill that is more complementary of existing and
City of Bozeman Future Land Use Designation (See also Exhibit B)
215
November 2019 8
ZMA: Eastlake Professional Center
proposed surrounding development by allowing for a higher and better future
land use development pattern respectful of the surrounding future
neighborhood.
Land Use Goal - 2: Designate centers for commercial development rather
than corridors to encourage cohesive neighborhood development in
conjunction with non-motorized transportation options.
RESPONSE: This area is currently developing into a commercial center, one
that compliments adjacent neighborhoods and provides alternative transit
options from these surrounding areas. The ZMA will advance these ongoing
development patterns and activities.
Land Use Objective - 2.1: Locate high density community scale service
centers on a one mile radius, and neighborhood service centers on a one-half
mile radius, to facilitate the efficient use of transportation and public services
in providing employment, residential, and other essential uses.
RESPONSE: Potential job creation as well as the possible commercial
services that can be created through future development of this site under B-
2M zoning could serve significant existing residential development within one
mile of this site.
Land Use Objective - 2.2: Provide for a limited number of carefully sited
regional service centers which are appropriately sized and serviced by
adequate infrastructure.
RESPONSE: The proposed ZMA to B-2M provides complimentary services to
regional centers that have been previously established by the City of
Bozeman, such as the Billings Clinic Campus.
Housing Objective 3.4 - Encourage development of education and
employment opportunities which increase incomes so that the cost of housing
and ability to pay for housing are more closely matched.
RESPONSE: Future development under the B-2M zone offers additional
profitable employment opportunities that can assist city residents in their
ability to pay for housing, including employment in the healthcare sector in
industries complimentary to the proposed Billings Clinic Campus.
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Economic Development Goal - 1: Promote and encourage the continued
development of Bozeman as a vital economic center.
RESPONSE: The Billings Clinic Campus envisioned for this area has the
potential to encourage expansion of the healthcare sector within the city.
This ZMA will allow for the development of denser complimentary healthcare
services to be constructed on this site to enhance the city’s position as a vital
healthcare economic center.
Economic Development Objective - 2.4: Foster a diverse economy that will
protect the economic climate for existing businesses and maintain
opportunities for business expansion.
RESPONSE: The ZMA will allow for diversity of services in densities and
within proximity to neighborhoods of prospective employees supportive of
Bozeman businesses looking to expand, specifically within the healthcare
sector.
Economic Development Objective - 2.5: Participate in the growing regional
economy in a manner that minimizes conflict between jurisdictions and that
maximizes natural market strengths.
RESPONSE: The healthcare sector depends on complimentary, ancillary
services in proximity to one another in order to bolster the market position of
this sector. The ZMA will offer the ability of this site to be used in a higher
and better fashion, offering additional opportunities for improvement of the
natural market strength of the healthcare sector in Bozeman.
Economic Development Objective - 2.6: Maintain a strong financial position
for the City of Bozeman.
RESPONSE: Complimentary, dense development of commercial services will
assist the City of Bozeman maintaining its strong financial position for the
healthcare sector, an objective supported by the ZMA application for this site.
B. Will the new zoning secure safety from fire and other dangers?
Yes, therefore this criterion has been met. The subject property is currently
located within the jurisdiction of the City of Bozeman Fire and Police Departments,
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and the service area of American Medical Response ambulances. Additionally, the
subject site is located across the street from what will be the future Billings Clinic
Campus. Site and building development will be in compliance with the UDC and all
applicable building codes to help secure safety from fire and other dangers. B-2M
zoning will have no adverse impact on these types of services.
C. Will the new zoning promote public health, public safety and general
welfare?
Yes, therefore this criterion has been met. This area, due to its proximity to
principal arterials, a diverse array of adjacent residential densities, parks, the
future Billings Clinic Campus, and a regional commercial center, has multiple
elements conducive to public health, safety, and the general welfare. A B-2M
designation will further encourage non-automotive uses by placing customers
closer to businesses and institutions. B-2M allows for flexibility and higher
densities than the current B-2 zoning designation, and construction consistent
with this proposed zone change will promote a cohesive neighborhood pattern
through the updating of available services and the expansion of a consistent
sidewalk pattern. Additionally, the provisions of the UDC as well as applicable
building codes will ensure public health, safety and general welfare on a project
by project basis for this site.
D. Will the new zoning facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Yes, therefore this criterion has been met. The project site lies within the sewer,
storm water and water facility plan boundaries. The applicant is aware and
understands that future development of the site is reliant on the Davis Lane Lift
Station and East Valley Center Road Extension projects being completed. Future
expansions of adjacent residential neighborhoods, the Billings Clinic Campus, and
additional ancillary commercial/retail development in the general vicinity of the
project site area will further facilitate the update and extension of municipal
services.
Moreover, such improvement will allow for increased connectivity in an area of
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newer development within the city. This includes incremental additions of sidewalks
and public improvements providing pedestrian access and non-automotive transit
options that encourage connectivity to adjacent neighborhoods, shopping, and
parks. Future site development proposals for this project location will be required to
demonstrate the adequate provision of public services, parkland development,
natural resource protection, and other required improvements in accordance with
applicable City standards and practices.
E. Will the new zoning provide reasonable provision of adequate light and air?
Yes, therefore this criterion has been met. The UDC has multiple standard’s that
address height restrictions, lot coverage, setbacks, landscaping, and buffers
related to the provision of adequate light and air. B-2M uses have an acute focus
on non-automotive users, access, and connectivity that will further aid in the
provision of adequate light and air. The property site does not directly abut any
residential uses, and is bordered on the northeast by Interstate 90. Additionally,
future site development will require compliance with all applicable City codes and
standards to assure the provision of adequate light and air.
F. Will the new zoning have an effect on motorize and non-motorized
transportation systems?
Yes, therefore this criterion has been met. Although the proposed zone change
brings the potential of increased traffic, its proximity to interstate highways, major
thoroughfares, and regional service centers will establish the area as a walkable
neighborhood commercial center. All future development will be in compliance with
the UDC and applicable engineering standards. Additionally, subsequent submittals
will include appropriate traffic impact analysis that include review of current and
future transportation capacity. The installation of required road improvements will
further offset negative traffic impacts.
Future development offers the ability to modernize and streamline multi-modal
transit options, including pedestrian connections and bicycle routes, in close
proximity to both existing residential areas and parkland as well as the future
Billing Clinic Campus. The area is bounded to the north by East Valley Center
Road, a principal arterial and less than one mile away from the 19th Avenue
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(principal arterial) regional shopping center that includes Costco, Target, and other
retails shops and restaurants. The property is bounded to the west and south by
local and collector streets.
G. Does the new zoning promote compatible urban growth?
Yes, therefore this criterion has been met. Commercial development with a
focus on multi-modal access in mixed use areas is imperative to desirable urban
growth patterns. The project site lies directly east of the future Billings Clinic
Campus site, and is adjacent to ongoing commercial and retail development along
the Valley Center Road Corridor. A B-2M designation allows for flexibility and an
increased density of quality development that will contribute to positive urban
growth patterns in the area. The flexibility offered by B-2M zoning will allow the site
to respond to and meet the demands of the surrounding neighborhoods,
complement and support commercial development, and encourage smart growth. A
higher intensity of use and flexibility in future site design represents a progressive
method to plan for long term growth and extend the development pattern currently
being experienced in this area. The community plan reinforces this concept and
highlights that a concentration of persons and activities is fundamental to urban
services envisioned for the City of Bozeman (Chapter 3 of the Bozeman Community
Plan).
H. Does the new zoning promote the character of the district?
Yes, therefore this criterion has been met. B-2M zoning will continue to promote
the desired character of the project site, surrounding area, and its associated
district. This is a rapidly expanding area of northwest Bozeman adjacent to multiple
established or planned residential neighborhoods of varying densities. Public
improvements resulting from future development of this site will assist connections
throughout the Valley Center Road trail system. The intersection of East Valley
Center Road and North 27th Avenue is a “high visibility corner”, and it will be a vital
future node of the city given its location and proximity to a proposed major
healthcare center. This location continues to see positive commercial development
to the south, southeast, and southwest that includes large-scale retail, dining,
hotels, and medium density residential. As previously described, the B-2M zoning
district is consistent with the Future Land Use Map. The proposed zone change will
therefore complement the character of the CCMU district as well as adjacent
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districts.
I. Does the new zoning address the affected area’s peculiar suitability for
particular uses?
Yes, therefore this criterion has been met. The proposed zone change does not
represent a significant change from the current B-2 zone and it is consistent with
adjacent zoning, current and proposed uses in the area, and the Bozeman
Community Plan for future land uses. Multiple commercial and residential uses
currently exist within proximity to the subject site. Additionally, a B-2M zoning
designation will encourage support services and employment opportunities
correspondent to possible uses within the site and between adjacent sites. This
property site will have flexibility to promote a cohesive neighborhood pattern that
will connect adjacent roadways and corridors, and extend existing public
infrastructure.
J. Was the new zoning adopted with a view to conserving the values of
buildings?
Yes, therefore this criterion has been met. As this site is currently undeveloped,
B-2M zoning will allow for new and diverse development patterns on the subject
parcel that compliment development on adjacent sites. Such development is likely
to contribute to increased property values for adjacent properties that will benefit
from the proximity and access to a walkable, mixed commercial and support
service district. In addition, adjacent properties will benefit from increased visibility
and visits associated with new commercial and support services. All future site
development will comply with the requirements outlined in the applicable City
codes and standards. Accordingly, the B-2M will ensure consistency with the
existing and planned adjacent development types, and in turn, aid in a cohesive
development pattern that conserves the value of buildings, both current and
proposed.
K. Does the new zoning encourage the most appropriate use of land throughout
the jurisdictional area?
Yes, therefore this criterion has been met. The proposed zone change is
consistent with the future land uses outlined in the Bozeman Community Plan,
which has designated the adjacent areas under a variety of compatible commercial
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classifications. Increased mixed use density is appropriate at this location due to
the proximity to major arterial streets, public transportation, a major (future)
healthcare facility, residential neighborhoods, and parks based on the “center-
based” land use pattern. Therefore, the proposed B-2M zoning will further
encourage development that is of the highest and best use of this site.
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IV. Response to Spot Zoning Criteria
A. Are the requested zoning designation and potential uses significantly
different from the prevailing uses in the area?
No, therefore this criterion has been met. B-2M is not significantly different from
the current B-2 designation. Both B-2M and B-2 are appropriate for arterial
corridors, corridors, and commercial nodes, and several sites to the west, south,
and southeast are all currently zoned B-2. Both districts encourage multi-
household residential as a secondary use and support a range of commercial uses.
B-2M, however, allows for more flexibility with respect to height and parking
standards, and therefore encourages denser development that supports the
highest, best use of the project site.
The subject parcel is within a large, regional node of CCMU as described in the
current Community Plan. The Billings Clinic Campus has recently received a
Growth Policy Amendment from CCMU to Regional Commercial and Services to
support the Billings Clinic. Both CCMU and Reginal Commercial and Services are
the two plan categories that support the B-2M zoning district in the Community
Plan.
B. Does the requested zoning designation benefit a small area and only one
or a few landowners, or does the requested zoning benefit the surrounding
neighborhood, community and general public?
This criterion has been met. A zone change on this 7.65 acre parcel has the
potential to benefit both the surrounding neighborhood and the community as a
whole. This change will conceivably prove to be a beneficial asset to the
surrounding area by providing flexibility to enrich future area growth and transit
options, offer support services to a burgeoning healthcare center, provide
additional lucrative employment opportunities, and contribute to the neighborhood
fabric in areas adjacent to this site. Furthermore, a change from B-2 to B-2M does
not promote a change in development programming, nor inhibit the potential on
adjacent properties.
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C. Is the requested zoning designation compatible with the zoning district’s
plan or is it special legislation designed to benefit only one or a few
landowners at the expense of the surrounding land owners?
This criterion has been met. This ZMA does not represent special legislation
designed to benefit the land owner at the expense of the adjacent property owners.
Both the current and proposed zoning allow the same uses at a similar scales, and
therefore it is difficult to foresee this proposed change to B-2M negatively
impacting the surrounding land owners.
Additionally, the proposed zone change is compatible with City policies (i.e.
Bozeman Community Plan) and state statute governing the approval of such
requests. This is a request, simply, is to move from one commercial zoning district
to subtly different and more contemporary commercial district. The requested B-2M
zoning thus proposes more compact future development opportunities that will meet
the needs of the neighborhood and the community, not negatively impact
surrounding land owners.
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APPENDICES
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APPENDIX A - Legal Description of Subject Site
EASTLAKE PROFESSIONAL CENTER ZONE MAP AMENDMENT
Zoning B-2M LEGAL DESCRIPTION
A tract of land, said tract being Lot 1A of Minor Subdivision Number 221E, and the adjoining
portion of East Valley Center Road, said tract being located in the Southwest Quarter of Section
26, Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin
County, Montana and being further described as follows:
Beginning at northeast corner of Lot 1A of Minor Subdivision Number 221E; thence South 00°
55'05" West, on the east line of said lot, a distance of 608.81 feet; thence South 89°50'55" West,
on the south line of said lot, a distance of 462.52 feet;
the following three courses are on westerly line of Lot 1A: thence North 00°54'39" East, a
distance of 486.42 feet; thence on a non-tangent curve to the right with a radius of 430.00 feet, a
central angle of 35°39'21", an arc length of 267.59 feet, having a chord which bears North 18°
44'59" East, 263.30 feet; thence North 36°34'58" East, a distance of 125.33 feet to the northerly
corner of said lot;
thence North 36°34’58” East, on the northeasterly extension of the said westerly line, a distance
of 75.00 feet to the centerline of East Valley Center Road; thence South 53°26’10” East, on said
centerline, a distance of 326.19 feet, thence South 00°55'05" East, on the northerly extension of
the east line of said Lot 1A, a distance of 92.29 feet to the Point of Beginning.
The described tract has an area of 8.26 acres, more or less. The described tract is as shown on
the accompanying exhibit and is along with and subject to any existing easements.
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EXHIBITS
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