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HomeMy WebLinkAbout20102 Staff ReportPage 1 of 16 20-102 Staff Report for the 1811 West Koch Street Zone Map Amendment Public Hearing Dates: Zoning Commission public hearing will be held on October 26, 2020 City Commission public hearing will be held on November 10, 2020 Project Description: Amendment of the City Zoning Map from R-3 to R-O on 0.69 acre. Project Location: The property is located at the northeast corner of the intersection of South 19th Avenue and West Koch Street and is addressed at 1811 West Koch Street. The Zone Map Amendment would apply to Lot 7 of A Plat of The Le Clair Subdivision, and adjoining portions of Koch Street and South 19th Avenue, being located in the SW ¼ of Section 12, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Approval with contingencies. Recommended Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20-102 and move to recommend approval of the 1811 West Koch Street Zone Map Amendment, with contingencies required to complete the application processing. Report Date: October 21, 2020 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues None identified at this time. Project Summary Christian James (applicant), member and owner of 414 Holdings LLC (landowner), represented by Intrinsik Architecture, Inc., requested rezoning of the existing lots and the accompanying adjacent rights-of way from R-3 (Residential Medium Density District) to R-O (Residential Office District). The subject property currently contains an office building and associated parking lot. The property is surrounded on three sides by land also zoned residential R-3 to the east, north and west, and Residential Office, R-O, to the south. The application indicates the intent of the zone map amendment to R-O is to obtain a more appropriate and practical zoning designation based Staff Report for the 1811 West Koch Street Zone Map Amendment Page 2 of 16 on its use, location, and proximity to other, professional offices and businesses as well as medium density residential development. The application also explains that the ‘Residential’ designation of the property on the current Future Land Use Map (FLUM) outlined in the effective Bozeman Community Plan (2009) is a land use designation that allows R-O zoning. No plans for redevelopment or change of use of the site have been submitted. Alternatives 1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended contingencies; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. Staff Report for the 1811 West Koch Street Zone Map Amendment Page 3 of 16 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ..... 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............................ 15 FISCAL EFFECTS ................................................................................................................. 15 ATTACHMENTS ................................................................................................................... 16 Staff Report for the 1811 West Koch Street Zone Map Amendment Page 4 of 16 SECTION 1 - MAP SERIES Map 1: Vicinity Map of the project site in the City of Bozeman Map 2: Vicinity Map of the project site in the area of South 19th Ave. and West Koch St. Staff Report for the 1811 West Koch Street Zone Map Amendment Page 5 of 16 Map 3: Current zoning districts in the immediate area Map 4: Map of the proposed ZMA showing the extension of R-O to accommodate the project site and adjacent street rights-of-way of South 19th Ave. and West Koch St. Staff Report for the 1811 West Koch Street Zone Map Amendment Page 6 of 16 Map 5: Excerpt of Site Survey included with the ZMA application showing the area of the subject property and the dimensions of adjacent rights-of-way associated with the zone change Staff Report for the 1811 West Koch Street Zone Map Amendment Page 7 of 16 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 R-O shall be identified as the “1811 West Koch Street Zone Map Amendment”. 2. That the applicant must submit a zone amendment map titled “1811 West Koch Street 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 1811 West Koch Street Zone Map Amendment (ZMA) as submitted. The Engineering Division provided advisory comments on the project on April 29, 2020. The following are the engineering comments: 1. Upon future development or increased density where a Site Plan application is required, right-of-way along W Koch Street may be required to be dedicated, to ensure that a 90 foot right-of-way exists to match W Koch’s Street collector street classification. 2. Upon future development or increased density where a Site Plan application is required, a ten foot utility easement must be provided along W Koch Street north of the additional required right-of-way. 3. If the site density is increased in the future, capacity of the existing city infrastructure will need to be verified. Downstream sewer capacity constraints are known and may limit sewer flows. The applicant is advised to coordinate with the City Engineering Department prior to increasing density to verify whether downstream upgrades may be required. Staff Report for the 1811 West Koch Street Zone Map Amendment Page 8 of 16 The Development Review Committee (DRC) considered the amendment on April 29, 2020. 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 Monday, October 26, 2020 and will forward a recommendation to the City Commission on the ZMA. The meeting will begin at 6 p.m. The meeting agenda will describe how to participate in the meeting. The City Commission will hold a public hearing on the ZMA on Tuesday, November 10, 2020. The meeting will begin at 6 p.m. The meeting agenda will describe how to participate in the meeting. SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission shall consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. In considering the criteria the analysis must show that the amendment accomplishes criteria A-D. Criteria E-K must be considered and may be found to be affirmative, neutral, or negative. A favorable decision on the proposed application must find that the application meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative outcomes for criteria E- K. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. The property is currently zoned R-3 Residential Medium Density District, and the future land use map of the Bozeman Community Plan (Growth Policy) designates the property as “Residential”. The Residential growth policy designation of the Community Plan correlates with the Residential Office, R-O district 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 R-O Residential office district zoning designation would therefore accord with the Community Plan by changing from one correlating zoning district to another correlating district per the future land use map designation. This ZMA would also align the existing use of an office building with a more appropriate zoning district for the use that is currently nonconforming in the R-3 district. Additionally, the proposed zone map amendment advances the following goals and objectives of the growth policy: Staff Report for the 1811 West Koch Street Zone Map Amendment Page 9 of 16 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.” Land Use Objective LU-1.4: “Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design.” Land Use Goal LU-3: “Strengthen the Historic Core of Bozeman to preserve the community character, economic resource, and historical connection represented by this area.” Objective LU-3.3: Encourage a traditional mix of diverse commercial and residential uses within the downtown to instill an active atmosphere and twenty-four hour presence. Community Quality Goal C-1: “Human Scale and Compatibility — Create a community composed of neighborhoods designed for the human scale and compatibility in which the streets and buildings are properly sized within their context, services and amenities are convenient, visually pleasing, and properly integrated.” Community Quality Objective C-1.3: “Support compatible infill within the existing area of the City rather than developing land requiring expansion of the City’s area.”’ 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 zone change from R-3 to R-O is not likely to adversely impact safety from fire and other dangers. C. Promote public health, public safety, and general welfare. Yes. Potential future development and potential changes of uses 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. Staff Report for the 1811 West Koch Street Zone Map Amendment Page 10 of 16 D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes. Any redevelopment of the property will be required to meet city standards for water, sewer, or transportation system upgrades or restrictions resulting from proposed future development. The adequate provision of public requirements is likely to be addressed as a part of the development review process if the property is proposed for redevelopment. 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. A change in zoning from R-3 to R-O will not itself change the use of the property from an office building to any other use; therefore, there is no anticipated immediate effect on transportation systems. Redevelopment or significant changes of use of the property would be required to comply with transportation-related standards and may be reviewed for impacts on the surrounding city streets and sidewalks. G. Promotion of compatible urban growth. Yes. The zone change would expand the R-O Residential Office District by one developed lot in a manner that accords to the Community Plan’s future land use map designation of Residential. The property in question is on the edge of the existing R-O Residential office district and in an area of residential, office and other commercial uses. The property’s location lends itself to continued office building use as allowed in the proposed R-O district, which is an existing, nonconforming use in the current R-3 district. H. Character of the district. Yes. The property is used as an office building in a mixed-use area of other office buildings and various residential developments, with other commercial and other uses nearby; the zone change to R-O and the subsequently allowed uses in the proposed R-O district would be consistent with the character of this area of the R-O district. I. Peculiar suitability for particular uses. Yes. The existing use of the property as an office building is a land use compatible with the proposed R-O district and this property’s location and surroundings. The change to R-O would allow continued use as an office building or subsequent new urban redevelopment of the property for other uses that would be required to comply with the allowed land uses and development standards for R-O, at which time site specific conditions would be considered, as the zoning standards dictate. Staff Report for the 1811 West Koch Street Zone Map Amendment Page 11 of 16 J. Conserving the value of buildings. Neutral. The proposed zone change from R-3 to R-O would allow continued use of the office building, which would have no impact on the value of buildings. Future redevelopment of the property in accordance with R-O allows for a wider variety of land uses than the existing R-3. This zone change would not itself impact the value of buildings in a measurable way, especially considering the use of the property as an office building, and future uses are unknown. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The proposed change from R-3 to R-O would expand the R-O District to encompass a property already used consistently with the district, and allow for redevelopment in accordance with the R-O district standards. The R-O district is an implementing district of the Community Plan’s future land use map designation of Residential. The R-O zoning district would therefore be expanded in a manner that would incrementally encourage appropriate land uses throughout the area by implementing the current land use designation and bringing the current and historic office building use in greater conformance with the zoning. By rezoning the property in a manner consistent with the existing use, 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 non- residential uses. The proposed zoning would allow the existing and other uses that are similar to adjacent development patterns. The property is adjacent to existing R-O zoning and this change will enlarge an area rather than creating a separated portion of R-O within another zoning district. As a result, the proposed R-O zoning designation would not result in any 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 R-O zoning designation is being requested by one landowner and would apply to one property and the adjacent city street rights-of-way, totaling 0.69 acre. The proposed R-O zoning designation is not anticipated to directly benefit surrounding landowners. However, it is important to consider the fact that the property Staff Report for the 1811 West Koch Street Zone Map Amendment Page 12 of 16 is currently situated on the edge of the R-O district, and this would incrementally expand that district and make the current land use more conforming. For this reason, the zone change does not appear to be an attempt to “spot zone” the property. This zone change would simply amend the zoning map to place the property into the adjacent R-O district, which is a district consistent with the current use of the site and the surrounding area. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. No substantial negative impacts or “expense” to the surrounding landowners or the general public have been identified as potentially attributable to this amendment. As discussed in the various review criteria above, the proposed R-O zoning designation will allow for continued office use and/or redevelopment in an appropriate area as per recent city plans, and will help meet the projected demand for the uses allowed in the R-O 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 Staff Report for the 1811 West Koch Street Zone Map Amendment Page 13 of 16 must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND A ZMA application requesting amendment of the City of Bozeman Zoning Map for existing property consisting of approximately 0.402 acres and the accompanying adjacent rights-of way, for a total of 0.691 acres, from R-3 (Residential Medium Density District) to R-O (Residential Office District). No other applications indicating specific plans for modifying or redeveloping the property or for alternate land uses have been submitted to the City of Bozeman. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US 1st Class mail on Friday, September 18, 2020 and October 7, 2020 to all owners of property located inside the proposed change and within 200 feet of the perimeter of the change. The 2nd mail notice was required due to the time between the originally scheduled Zoning Commission and the City Commission meeting. The project site was posted on Monday, September 21, 2020. Notice was published in the Legal Ads section of the Bozeman Daily Chronicle on 9/20/2020, 10/4/2020, and 10/18/2020. 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 Residential on the Bozeman Community Plan’s future land use map. The description for the Residential land use category is as follows: Residential. This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. Staff Report for the 1811 West Koch Street Zone Map Amendment Page 14 of 16 The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. As Table C-16 from the Bozeman Community Plan shows, the proposed zoning of R-O is one of several implementing districts for the future land use designation of “Residential”. Table C-16 Zoning Correlation With Land Use Categories Zoning District Plan Category R-S R-1 R-2 R-3 R-4 R-O REMU* RMH B-1 B-2 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 ● *The Residential Emphasis Mixed-Use zoning district has not yet been created. It is presumed at this time. Staff Report for the 1811 West Koch Street Zone Map Amendment Page 15 of 16 **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. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-O, residential-office district. The intent of the R-O residential-office district is to provide for and encourage the development of multi-household and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. These purposes are accomplished by 1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. Use of this zone is appropriate for areas characterized by office or multi-household development; and/or areas along arterial corridors or transitional areas between residential neighborhoods and commercial areas. The subject property is located along the arterial corridor of South 19th Avenue and is at a transitional area between surrounding residential neighborhoods and nearby commercial uses to the west and interspersed in the mixed-use areas in the immediate vicinity. The use tables in Sec. 38.310.030 of the Unified Development Code (pages 146 – 149) list the allowed land uses for the R-O district. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: 414 Holdings LLC (Christian James, Member and Owner) Address: 1716 W. Babcock Street, Bozeman, MT 59715 Applicant: Christian James, 1811 West Koch Street, Bozeman, MT 59715 Representative: Intrinsik Architecture, Inc. (Attn: Ryan Krueger), 111 North Tracy Avenue, Bozeman, MT 59715 Report By: Chris Saunders FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. Staff Report for the 1811 West Koch Street Zone Map Amendment Page 16 of 16 ATTACHMENTS Application materials The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.