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HomeMy WebLinkAbout02-22-21 Zoning Commission Agenda & Packet Materials.A. Call meeting to order B. Disclosures C. Approval of Minutes C.1 Minutes Approval for 12-14-20 and 01-25-21(Rogers) D. Public Comment Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please THE ZONING COMMISSION OF BOZEMAN, MONTANA ZC AGENDA Monday, February 22, 2021 WebEx Meeting Information Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=ea7c96ee2775cafc604d18c65394b74f7 Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting Via Phone: This is for listening only if you cannot watch the stream or channel 190 • Call-in toll number (US/Canada ): 1-650-479-3208 • Access code: 182 252 1988 Public Comment: If you are interested in commenting in writing on items on the agenda, please send an email to agenda@ bozeman.net prior to 12:00pm on Monday, February 22nd, 2021. You may also comment by visiting the City's public comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and someone will call you during the meeting to provide an opportunity to comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the City's video page (click the Streaming Live in the drop down menu), and available in the City on cable channel 190. Bozeman Zoning Commission Meeting Agenda, February 22, 2021 1 limit your comments to three minutes. E. Action Items E.1 PDI Investments, LLC submitted application to amend the City Zoning Map for the establishment of a zoning designation of B-2 in conjunction with an annexation request for a property addressed at 2777 North 7th Avenue, Application 20346.(Rogers) F. FYI/Discussion F.1 Ongoing zoning training session titled, “Introduction to Zoning.†Session includes six parts to create a foundation of knowledge for ongoing training and education sessions during future meetings.(Saunders/Rogers) G. Adjournment For more information please contact Tom Rogers at trogers@bozeman.net This board generally meets the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM Committee meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301). Bozeman Zoning Commission Meeting Agenda, February 22, 2021 2 Memorandum REPORT TO: Zoning Commission SUBJECT: Minutes Approval for 12-14-20 and 01-25-21 MEETING DATE: February 22, 2021 AGENDA ITEM TYPE: Minutes RECOMMENDATION: Suggested Motion: I move to approve the meeting minutes for December 14th, 2020. I move to approve the meeting minutes for January 25th, 2021 STRATEGIC PLAN: 1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND: None UNRESOLVED ISSUES: None ALTERNATIVES: 1. Approve meeting minutes with corrections 2. Do not approve meeting minutes FISCAL EFFECTS: None Attachments: 01-25-21 Zoning Commission Minutes DRAFT.pdf 12-14-20 Zoning Commission Minutes DRAFT.pdf Report compiled on: February 5, 2021 3 Bozeman Zoning Commission Meeting Minutes, 01-25-21 Page 1 of 5 THE ZONING COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, January 25, 2021 00:05:10 Webex Meeting Information A) 00:10:15 Call meeting to order Present: Nicole Olmstead, Mark Genito, George Thompson, Kirsa Shelkey, Jennifer Madgic Absent: Christopher Scott B) 00:12:05 Disclosures Nicole Olmstead recused self from first action item due to conflict of interest. C) 00:17:25 Approval of Minutes C.1 Minutes Approval for 1-11-21 Cover Page Zoning Commission Minutes 011121 DRAFT.pdf 00:17:45 Motion C) Approval of Minutes Nicole Olmstead: Motion Mark Genito: 2nd 00:18:16 Vote on the Motion to approve C) Approval of Minutes. The Motion carried 4 - 0 Approve: Nicole Olmstead Mark Genito George Thompson Kirsa Shelkey Disapprove: None 4 Bozeman Zoning Commission Meeting Minutes, 01-25-21 Page 2 of 5 D) 00:18:34 Public Comment No requests for public comment. E) 00:19:33 Action Items E.1 00:19:37 Baxter Creek Zone Map Amendment to Change 18.24 Acres from B-2 (Community Business District) to B-2M (Community Business District-Mixed), Application 20-387 Cover Page ZC Staff report - Baxter Creek ZMA App. No. 20387, 1-19-2021.pdf Consolidated Application Packet.pdf 00:20:10 Staff Presentation Planner Chris Saunders presented staff report and application materials for Baxter Creek Zone Map Amendment where he explained the purpose of a zoning change, the future land use for the area, and recommended that the Zone Map Amendment proposed fits the criteria for the City growth policy. Planner Saunders then took questions from the board regarding the differences and trade-offs between B2 and B2M zoning. 00:29:07 Applicant Presentation. Architect Jimmy Talarico presented on what the change from B2 to B2M would look like, and the benefits of zoning as B2M instead of B2 as well as recommended that the re-zoning fits into the criteria of the 2020 Future Land Use Map. Architect Talarico then took questions from board members regarding the surrounding area, as well as additional plans for the use of the property. 00:42:32 Public Comment No requests for public comment 00:44:24 Motion 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 20-387 and move to approve the Baxter Creek Zone Map Amendment, with contingencies required to complete the application processing. Mark Genito: Motion Kirsa Shelkey: 2nd 00:45:11 Discussion Board Member Genito spoke to motion explaining that it makes sense to re-zone to B2M and that he will be supporting the amendment. 5 Bozeman Zoning Commission Meeting Minutes, 01-25-21 Page 3 of 5 Board Member Shelkey spoke to her second, stating that re-zoning is in line with the City Growth Policy. Chairman Thompson commented that B2M fits in with the growth policy and will be a positive change for the growth of the community and that he will support the motion. 00:51:00 Vote on the Motion to approve 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 20-387 and move to approve the Baxter Creek Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 3 - 0 Approve: Mark Genito George Thompson Kirsa Shelkey Disapprove: None E.2 00:52:14 The Nexus Point 2021 Zone Map Amendment Application to Change Approximately 6.99 acres from R-O (Residential Office) to R-5 (Residential Mixed-Use High Density), Application 20-389. Cover Page Staff report ZC - Nexus Point 2 ZMA No. 20389.pdf Form A1 - Development Review Application - Signed 11-08-20.pdf ZMA - Map Requirement Checklist Narrative 11-09-20.pdf ZMA Application Cover Letter 11-09-20.pdf ZMA Exhibit - R5 Exhibit-R5 ZMA 11-09-20.pdf Nexus Point ZMA graphic.pdf 00:52:39 Staff Presentation Planner Tom Rogers presented on the Nexus Point Zone Map Amendment by summarizing the application, illustrating the changes and future plans for the surrounding area, including road construction and renovations and recommended that the zone amendment meets the growth policy criteria. Planner Rogers then took questions from the board regarding the differences in R-O (current zoning) and R-5 (proposed zone change) as well as the adequacy of the surrounding infrastructure to support R-5 zoning. 01:30:52 Applicant Presentation Chris Budeski presented on the Nexus Point Zone Map Amendment, clarifying that transportation infrastructure has already been updated, that the intention of re-zoning is to bring in amenities that would better serve the current surrounding area, and recommended that the zoning change complies with zoning criteria as it is surrounded by current and future high-density areas. Chris Budeski then answered board questions regarding previous zone changes as well as development timeframes. 6 Bozeman Zoning Commission Meeting Minutes, 01-25-21 Page 4 of 5 Applicant Steve Moore answered Board Member Genito's question about public comment from 2019, stating that there was a comment in 2019 about there being no services in the area and that is why they decided to reconsider R-4 and go for R-5 instead. Also commented that there are several parks and community centers in the area providing recreation and entertainment for tenants and that all that is missing in turning the area into a "self-contained community" is that there is no place to get coffee or food. 01:53:49 Public Comment Jerry Pape (15 N 25th Ave) commented in favor of the Nexus re-zoning and reminded board members that there are other projects in play in the area that will bring further infrastructure such as transportation to the area. 01:56:47 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 20-389 and move to recommend approval of the Nexus Point 2021 Zone Map Amendment, with contingencies required to complete the application processing. Nicole Olmstead: Motion Mark Genito: 2nd 01:57:40 Discussion Board Member Olmstead spoke to her motion stating that the zoning designation would fit with the current growth policy and long range plans for the future of the community. Board Member Genito spoke to his second on the motion stating that he appreciates that the applicant is taking into consideration to wants/needs of the community and their attempt to fill that need. Board Member Shelkey commented that the applicant met its burden and that she feels that R-5 would be welcomed by the community. Chairman Thompson commented that he supported the idea of a self-contained community in the area and that it would add a lot to the area. 02:10:56 Vote on the Motion to approve 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 20-389 and move to recommend approval of the Nexus Point 2021 Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 4 - 0 Approve: Nicole Olmstead Mark Genito George Thompson Kirsa Shelkey Disapprove: 7 Bozeman Zoning Commission Meeting Minutes, 01-25-21 Page 5 of 5 None F) 02:11:16 FYI/Discussion G) 02:14:10 Adjournment For more information please contact Tom Rogers at trogers@bozeman.net. This board generally meets the 2nd and 4th Monday of the month from 6:00 PM to 8:00 PM 8 Bozeman Zoning Commission Meeting Minutes, 12-14-20 Page 1 of 3 THE ZONING COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, December 14, 2020 A) 00:05:58 Call meeting to order Present: Mark Genito, Kirsa Shelkey, Christopher Scott, Chris Saunders (City Staff) Absent: None B) 00:06:44 Disclosures C) 00:06:57 Public Service Announcements D) 00:07:27 Approval of Minutes D.1 Minutes Approval Cover Page 11-23-20 Zoning Commission Minutes DRAFT.pdf Continued to next meeting - minutes weren't attached. E) 00:07:55 Consent F) 00:08:02 Public Comment No public comment H) 00:08:50 Action Items H.1 Norton Ranch 2020 Zone Map Amendment, Application 20288 Cover Page Staff report ZC - Norton Ranch ZMA App. No. 20288. 12-7-20.docx Combined Application Materials App. 20288.pdf 00:09:26 Staff Presentation 9 Bozeman Zoning Commission Meeting Minutes, 12-14-20 Page 2 of 3 City Planner Chris Saunders represented Bozeman Community Development and introduced the zone map amendment application where he provided an overview of the surrounding area, correlation with zoning, and the zoning criteria of evaluation and recommended that the Zone Map Amendment met requirements and recommended approval. Planner Saunders then answered questions from the board. 00:19:23 Applicant Presentation Developer, Greg Stratton, introduced himself and Architect, Ryan Krueger. Developer Stratton then gave some clarifications to board member questions and provided a brief history on Norton Ranch before directing the presentation to Architect Krueger. Architect Krueger shared a slideshow where he reviewed the Future Land Use Map from the 2009 Growth Policy as well as the newly adopted 2020 Growth Policy. The applicant is requesting B-2M, which aligns with the Future Land Use Map designation of "Community Mixed Use." Architect Krueger then reviewed the application timeline and the zoning criteria of evaluation. The applicants then answered board member questions. 00:30:00 Public Comment Christina Julian (2450 Baseline St.) commented that she felt the development should continue to be single family and spoke against the zone text amendment. 00:32:40 Board brought item back for discussion Applicant responded to public comment 00:37:43 Motion 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 20-288 and move to recommend approval of the Norton Ranch Zone Map Amendment, with contingencies required to complete the application processing. Mark Genito: Motion Christopher Scott: 2nd Board Member Genito spoke to his motion stating that he is sympathetic to public concerns, however, the City is currently in desperate need of a variety of housing options and he will support the re-zoning of Norton Ranch as it is in accordance with the Growth Policy and is compatible with Future Land Uses. Chairman Scott spoke to his second, stating that he will be voting in favor of the zoning amendment. 00:42:06 Vote on the Motion to free form 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 20-288 and move to recommend approval of the Norton Ranch Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 3 - 0 10 Bozeman Zoning Commission Meeting Minutes, 12-14-20 Page 3 of 3 Approve: Mark Genito Kirsa Shelkey Christopher Scott Disapprove: None I) 00:42:43 FYI/Discussion J) 00:42:52 Adjournment For more information please contact Tom Rogers at trogers@bozeman.net. This board generally meets the second and fourth Monday of the month from 6:00 PM to 8:00 PM 11 Memorandum REPORT TO: Zoning Commission FROM: Tom Rogers, Senior Planner, Community Development Department SUBJECT: PDI Investments, LLC submitted application to amend the City Zoning Map for the establishment of a zoning designation of B-2 in conjunction with an annexation request for a property addressed at 2777 North 7th Avenue, Application 20346. MEETING DATE: February 22, 2021 AGENDA ITEM TYPE: Ordinance RECOMMENDATION: 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 20346 and move to recommend approval of the PDI Investments LLC Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The City received an application to annex and initially zone an existing parcel that was previously developed. The property contracts for City water but has not connected to City sewer service. Ingress and egress is provide by a single drive isle onto North 7th. The adjacent road rights-of-way was annexed with previous annexations. There is an existing building housing individual businesses on the parcel. The property is wholly surrounded by the City. UNRESOLVED ISSUES: None ALTERNATIVES: 1. Recommend denial of the zone map amendment application based on the Zoning Commission’s articulated findings of non-compliance with the applicable criteria contained within the staff report; or 2. Open and continue the public hearing on the application, 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 Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City 12 practices. Attachments: 20346 PDI ZMA ZC SR.docx A1 - Signed - Development Review Application.pdf Annexation & ZMA Cover Letter 10-07-20.pdf N1 - Noticing Materials Posting.pdf ZMA Criteria Narrative 09-28-20.pdf Exhibit B - PDI Initial ZMA Exhibit 12-04-20.pdf Report compiled on: February 17, 2021 13 Page 1 of 24 20346 Staff Report for the PDI Investments LLC Zone Map Amendment Public Hearings: Zoning Commission (map amendment only) February 22, 2021 City Commission (Annexation and map amendment) March 9, 2021 Project Description: Annexation of 2.002 acres and amendment of the City Zoning Map for the establishment of a zoning designation of B-2. Project Location: 2777 North 7 th Avenue. Recommendation: Meets standards for approval with contingencies. 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 20346 and move to recommend approval of the PDI Investments LLC Zone Map Amendment, with contingencies required to complete the application processing. Report: February 17, 2021 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report only addresses the zoning amendment as the Zoning Commission only considers the zone map amendment. A revised report addressing both the annexation and the zoning amendment will be made available prior to the City Commission hearing on the application. Unresolved Issues There are no identified conflicts between the City and Applicant regarding the zoning at this time. Project Summary The City reviews applications for annexation and zone map amendments as they are submitted by the landowner. The landowner submitted an application to annex a single parcel. The adjacent road rights-of-way was annexed with previous annexations. There is an existing building housing individual businesses on the parcel. The property is wholly surrounded by the City. 14 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 2 of 24 The application proposes an initial designation of B-2, Community Business District. Adjacent properties are zoned B-2 on the south and M-1, Light Manufacturing District, on all other sides. Currently the property is in the Gallatin County Bozeman Area Zoning District (Donut) and is zoned M-1. The following public adopted planning documents support urban development for the subject area if development is proposed on the site:  Bozeman Community Plan 2020  Gallatin County growth policy  Gallatin County/Bozeman Area Plan – County neighborhood plan  Transportation Master Plan 2017 – City transportation plan  Greater Bozeman Area Transportation Master Plan 2007 – Gallatin County Transportation Plan  Water Facility Plan 2017 – City’s plan for water system operations and expansion  Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and expansion Zoning Commission The Zoning Commission will hold a public hearing on February 22, 2021 before making a recommendation on the proposed zoning. Zoning Commission Alternatives 1. Recommend denial of the zone map amendment application based on the Zoning Commission’s articulated findings of non-compliance with the applicable criteria contained within the staff report; or 2. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 15 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 3 of 24 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary................................................................................................................. 1 Zoning Commission............................................................................................................ 2 Zoning Commission Alternatives ....................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7 Annexation.......................................................................................................................... 7 Zone Map Amendment ....................................................................................................... 8 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS............. 8 Spot Zoning Criteria ......................................................................................................... 19 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 20 APPENDIX A - NOTICING AND PUBLIC COMMENT.................................................... 21 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 21 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF............................ 24 FISCAL EFFECTS................................................................................................................. 24 ATTACHMENTS................................................................................................................... 24 16 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 4 of 24 SECTION 1 - MAP SERIES Project Vicinity Map (2018 air photo) 17 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 5 of 24 Project Vicinity Map Showing the Bozeman Community Plan 2020 Future Land Use Map – Subject property is designated as Regional Commercial and Services Industrial Regional Commercial and Services Maker Space Mixed Use Parks and Open Lands 18 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 6 of 24 Project Vicinity Map Showing Near Vicinity Municipal Zoning B-2 M-2 M-1 PLI Not annexed Not annexed Not annexed 19 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 7 of 24 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. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “PDI Investments Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City’s distribution of the annexation agreement or the preliminary approval shall be null and void. 2. That the Ordinance for the Zone Map Amendment shall not be finalized until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation agreement is not approved, the Zone Map Amendment application approval shall be null and void. 3. That the applicant must submit a Zone Amendment map, titled “PDI Investments 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. 4. 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 Annexation The Development Review Committee (DRC) considered the amendment. The DRC identified infrastructure deficiencies that must be addressed with terms of annexation. The City Commission will address these issues during their public hearing. The Applicant has been informed what considerations need attention. The City Commission will hold a public meeting on the annexation on March 9, 2021. The meeting will begin at 6 p.m. The meeting will conducted through WebEx. Instructions on joining the meeting will be included on the meeting agenda. 20 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 8 of 24 Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff finds the application meets criteria for approval as submitted. The PDI Investments LLC Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 20346. The Development Review Committee (DRC) considered the amendment. The DRC identified did not identify any infrastructure or regulatory constraints that would impede the approval of the Zone Map Amendment application. The Zoning Commission will hold a public hearing on this ZMA on February 22, 2021 and will forward a recommendation to the Commission on the Zone Map amendment. The City Commission will hold a public hearing on the zone map amendment on March 9, 2021. The meeting will begin at 6 p.m. The meeting will conducted through WebEx. Instructions on joining the meeting will be included on the meeting agenda. SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has discretion to determine a policy direction. The burden of proof that the application should be approved lies with the Applicant. See the application materials for the Applicant’s response to the criteria. 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. 21 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 9 of 24 Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. The application was initially submitted on October 16, 2021. Additional information was requested from the applicant to complete required submittal requirements and detail proposed infrastructure connections. Information was submitted on December 7, 2021. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application has been within in the anticipated growth area of the City and been wholly surrounded by the City since the adoption of the State Lands East, Resolution 3974. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Regional Commercial and Service. The Regional Commercial and Service designation description reads: “Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage 22 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 10 of 24 pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following excerpt from Table 4, the B-2 district is an implementing district of the Regional Commercial and Service category. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. 23 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 11 of 24 The Applicant argues the proposed zone change in accordance with the Growth Policy by stating, “… the proposed Zone Map Amendment is in accordance with the City’s Growth Policy. The proposed zoning is B2 – Community Business District. The property’s land use designation is Regional Commercial and Services and is intended to service the overall community as well as adjacent neighborhoods. Residential space is allowed and would be located above the first floor to maintain land availability for necessary services and will allow for a work-live environment.” According to current land use inventory data there is no residential use in the vicinity. Current land use is dominated by commercial and industrial activity. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested B-2 zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans. Although limited infrastructure is currently installed near the subject property this action is the first step in correcting this deficiency. Goal EE-1: Promote the continued development of Bozeman as an innovative and thriving economic center. Annexing and establishing City zoning allows considerable more development opportunity on the site than the constraints associated with the current County designations and water and wastewater system. EE-1.1 Support the goals and objectives outlined in the Bozeman Economic Development Strategy. This change supports Goal 1: Expand the Existing Base of the Bozeman Economic Development Strategy by providing access to basic infrastructure allow existing business to expand in use, intensity, or area. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. 24 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 12 of 24 RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The zone map amendment is proposed in association with an annexation. The area to be annexed is wholly surrounded by the City boundary and eliminates one of a number of isolated inholding with the City service area and street network. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. The property is wholly surrounded by the City. The property is seeking annexation and municipal zoning for the purpose of maintaining and possibly expanding the use and intensity of the site. The application is in accordance with the growth policy. Although not reviewed as part of the establishment of municipal zoning. The application furthers the following annexation goals and policies of the City. Resolution #5076 Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. The property in question is wholly surrounded to the City limits on three sides. Because the property is immediately contiguous to the City, Goal 1 is met by the annexation. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. The subject property is totally surrounded by the City. Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. The subject property contract for City water although out suitable fire safety measures such as a fire hydrant. The property is not using City sewer and treats waste water on site system. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. The subject property is within the identified urban area. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. The subject property contract for City water but not for sanitary sewer. The annexation and initial zoning is the initial step in addressing the deficiency. 25 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 13 of 24 B. Secure safety from fire and other dangers. Yes. The existing building is constructed of unknown quality, fire, and safety measures. Any renovations, expansions, or removal and replacement must meet the development standards of the City and, in some cases, might require retrofitting to ensure the building is safe for occupants and neighboring properties. A Term of Annexation is included, as suggested by the Bozeman Fire Department, that the applicant must construct a fire apparatus turnaround with an all-season road base at least 20 feet wide reviewed and approved by the Bozeman Fire Department. Additional life and fire safety measures are suggested but not practicable at this time. Subsequent development or redevelopment, sewer system failure, or availability of more robust City infrastructure will trigger the construction of these measures. These include full four season access around the building and a fire hydrant. The application of the development standards of the City will provide for safe construction, fire protection water supply through water main extensions, and police response will be provided after annexation. The 2017 Fire Master Plan of the City evaluated ability to serve this area as the City builds out its fire response facilities. The City’s development standards will require adequate emergency response access, addressing for rapid response, and the site is outside of any known flood hazards. C. Promote public health, public safety, and general welfare. Yes. The proposed B-2 zoning designation will promote general welfare by implementing the future land use map in the Bozeman Community Plan. See comments in Criteria B and D. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Rapid and effective emergency response provides for public safety. The existing building on the property poses unique interpretation of this criterion. The criteria of evaluation is predicated on the creation of zoning and less rezoning. This application is more unique because the property was developed under County jurisdiction and rules and now asks to be annexed into he City and begin fully connect to City services. Full City services are not currently available and must be extended and connected to the existing building. In the meantime, if annexed, City Fire and Police Departments are responsible for responding to any emergency. As noted in criterion B, further development and redevelopment must be in accordance with modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the greater transportation network for users ensuring the promotion of public health, safety and general welfare. Ingress and egress is provide by a single drive isle onto North 7 th . According to Montana Department of Transportation there is no approved encroachment permit for the property. 26 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 14 of 24 Public health and safety will be positively affected by requiring new and redevelopment to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes. The BCP 2020, page 74, says regarding evaluation of Criteria B-D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site. For example, at the time of annexation, the final intensity of development is unknown and it may be many years before development occurs and the impacts are experienced. The availability of other planning and development review tools must be considered when deciding the degree of assurance needed to apply an initial zoning at annexation.” The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. Private development must demonstrate compliance with standards. The application site is located within the City’s land use, transportation, parks, and utility planning areas and those plans show this property as developing within the City when development is proposed. Adequacy of all these public requirements is evaluated during the subdivision and site development process. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 27 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 15 of 24 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Future development of the area will require dedication and construction of streets, provision of parks (if required), extension of water and sewer services, and placement of easements for telecommunication, electricity and similar dry utilities. The associated annexation will partially address required compliance with City standards. Special Improvement Distracts waivers for transportation improvements are required with annexation. Dedication of street right of way is not required with this application. Water distribution system is on the east side of North 7 th Avenue and at the terminus of Flora Lane to the south of the property. The ZMA exhibit shows the proposed future connections to full City water and sewer. E. Reasonable provision of adequate light and air. Yes. The B-2 zoning district includes development standards that address setbacks, height, and lot coverage, which provide for the reasonable provision of adequate light and air. The form and intensity standards, Division 38.320, require minimum separation from property lines, limits building heights, limits lot coverage with buildings, and maximum volume of buildings on a site. Section 38.520.030 requires building placement to ensure access to light and air. Any future development of the property will be required to conform to open space requirements and City standards for setbacks, height, lot coverage, and buffering which will ensure that residents have an adequate amount of light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Neutral. The recommended contingencies and terms of approval of this application addresses the effects on transportation systems, including measures that will mitigate impacts of the future development on both motorized and non-motorized transportation systems. The property is wholly surrounded by the City with access to the transportation system. As the area develops to the north and west additional transportation network will be constructed and this site must reconfigure their circulation to access from the Flora Lane Cultivar Street. 28 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 16 of 24 The recommended terms of annexation and City’s development approval processes, for example requirements for easements, the waiver of the right to protect special improvement districts related to transportation, and construction of future roads are expected to sufficiently address impacted transportation systems as a result of the map amendment. On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it says: “Development creates or funds many of the City’s local streets, intersection upgrades, and trails. Therefore, although a text or map amendment may allow more intense development than before, compliance with the adopted Plans and standards will provide adequate capacity to offset that increase.” As the zoning designation itself does not change traffic flow or transportation demand, and the compliance of future development with adopted standards will offset impacts from development. Staff agrees with the applicant finding that states, “Any future development may affect the City’s transportation system with increased traffic. A Traffic Impact Study may be required with future development of this property which will identify the extent of increased traffic volumes and specify required infrastructure improvements to serve the development. The extent of these improvements would be determined during subdivision and/or site plan review.” G. Promotion of compatible urban growth. Yes. Individuals may have widely varying opinions about what constitutes compatibility. Compatible development and Compatible land use are defined in Article 38.7 BMC to establish a common reference for consideration of this criterion and application of development standards. They are defined as: “Compatible development. The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use. Compatible land use. A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” 29 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 17 of 24 As noted in the definition of Compatible development, there are many elements that contributed to compatibility. The final sentence of the definition deserves emphasis “Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible development can be different than what is already in place. The City has adopted a variety of standards to implement compatibility. The proposed B-2 district is a predominantly commercial district. The allowed uses for residential districts are set in 38.310.030. The proposed zoning is the same as properties directly to the south. M-1 (Light Manufacturing) surrounds the property to the north, east, and west. With adopted zoning standards, these districts can be complementary and both implement the Regional Commercial and Service Land use designation. Development may take many forms in either zoning district. All development in the B-2 district are subject to additional development standards established in Article 38.5, Project Design, of the municipal code. These standards address both site and building design to enable differing uses and scales of development to be meet the definition of compatible in the municipal code and presented above. “Sec. 38.500.010. - Purpose. This article (38.5) implements the Bozeman's growth policy. Overall, this article: A. Provides clear objectives for those embarking on the planning and design of development projects in Bozeman; B. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman; C. Ensures that new commercial and multi-household development is of high quality and beneficially contributes to Bozeman's character; D. Ensures that new developments within existing neighborhoods are compatible with, and enhance the character of Bozeman's neighborhoods; E. Promotes an increase in walking and bicycling throughout the City; F. Enhances the livability of Bozeman's residential developments; G. Maintains and enhances property values within Bozeman.” The proposed amendment is associated with an annexation creating continuity between the existing and surrounding uses. Staff concludes B-2 zone is compatible and is urban growth as called for in the growth policy. See also discussion for Criteria A & H. H. Character of the district. Yes. The proposed B-2 zoning designation maintains the character of the district, with the surrounding areas zoned B-2 and M-1. The proposed zone map amendment creates a complimentary land use when looking at the larger vicinity of the subject property and does not significantly change the character of the district. 30 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 18 of 24 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. Application of any municipal zoning district to the subject property will alter the existing character of the subject property which is a vacant subdivision lot zoned by the county as R-O, Residential office. 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. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in this new area of the B-2 district to be compatible with adjacent development and uphold the character of the area. I. Peculiar suitability for particular uses. Yes. The property is located in an area designated by the city for Regional Commercial and Service development. The proposed B-2 zoning designation would allow for various land uses, including a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets, with an emphasis on commercial uses to support a more self-sufficient neighborhood; multi- household dwellings, townhouses, and apartments are allowed as a secondary use in B-2. The proposed B-2 city zoning is suitable for the site, given the size of the parcel, existing buildings, and its location and proximity to surrounding zoning districts and connectivity potential to city services and infrastructure. 31 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 19 of 24 J. Conserving the value of buildings. Neutral. Annexation and the establishment of zoning does not affect the existing buildings. New structures developed on the site will be required to meet standards set forth in the Unified Development Code for fire safety, setbacks, buffers and building heights, which will help alleviate any potential negative impacts to the values of adjacent buildings as a result of future development on the subject property. Development potential on the property, once full municipal utilities are connected, is vastly more than County development would allow, minimum site and construction standards will be required to meet setback and other protective requirements set forth in the Bozeman Municipal Code, which will alleviate potential negative impacts to the value of surrounding buildings and properties. As described in earlier criteria, the proposed zoning is compatible with existing buildings on adjacent properties and does not create any new situations not in compliance with municipal code. Therefore, this criterion is met. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. As discussed in Criteria A above, this property has been planned for commercial uses for many years. The proposed B-2 district is a primarily commercial district. The property is adjacent to the City, within the municipal services area, and can be annexed. 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 B-2 designation already exists in the area, and properties are developed in accordance with the B-2 district. Because this is simply a small expansion of the B-2 district that is not substantially different in terms of allowed land uses in the existing county M-1 district (both allow limited commercial and office uses), the land uses allowed on the subject property are not significantly different than those that currently prevail in the area. Therefore, staff finds that this criterion is not met. 32 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 20 of 24 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 application is submitted by one landowner in conjunction with annexation of the single 2.009 acre property. Although the City supports multiparty annexation applications, landowner annexation of single properties are the most frequent annexations. As described in Criterion A above, the amendment advances the overall policies of the BCP 2020, the City’s adopted growth policy, and the growth policy and neighborhood plans for Gallatin County. As the application advances the growth policies there are benefits to the larger community from the amendment. Although there is generalized benefit to the community, the number of direct beneficiaries is small. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While the applicant/landowner will directly benefit from the proposed zone map amendment, the proposed amendment is not at the expense of surrounding landowners or the general public. As discussed above in the various review criteria above, no substantial negative impacts are identified due to this amendment. As discussed in Criterion A, the application is consistent both the City’s and the County’s growth policy. The growth policy is the overall land use policy for the community. Consistency with the growth policy demonstrates benefit to the general public. As discussed under Criterion D, the City’s development standards will require the applicant to provide the needed infrastructure to support any proposed development prior to construction of homes. Concurrency and adequacy of infrastructure remove most potential injury to others. As discussed in Criterion H, the application is different but consistent with the existing and developing character of the area. Therefore, the amendment does not benefit the landowner at the expense of others. Development of the site in any manner will create additional demand for services and change the character of the site as a large lot single home. A change to an urban district does not inherently injure the surrounding landowners. 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. 33 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 21 of 24 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), 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 Avenue, PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on February 7, 14, and 21 st , 2021. The site was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was or will be provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on February 17, 2021, no written comments have been received on this application. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Regional Commercial and Service” in the Bozeman Community Plan 2020. 1. REGIONAL COMMERCIAL AND SERVICE. This category is described as, “Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, 34 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 22 of 24 transportation, and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2, “Community Business District.” in association with the annexation of the property. According to Sec. 38.300.110(B) of the Unified Development Code, “The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit.” Table C-16 on the following page shows the correlation of zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of B-2 correlates with the Growth Policy’s future land use designation of “Community Commercial Mixed Use”. 35 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 23 of 24 36 Staff Report for the 20346 PDI Investments Zone Map Amendment Page 24 of 24 Authorized uses in Commercial districts are detailed in section 38.310.040.  Table 38.310.040.A - Permitted general sales uses in commercial, mixed-use, and industrial zoning districts,  Table 38.310.040.B - Permitted services and temporary lodging uses in commercial, mixed-use, and industrial zoning districts,  Table 38.310.040.C - Permitted residential uses in commercial, mixed-use, and industrial zoning districts,  Table 38.310.040.D - Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning districts, and  Table 38.310.040.E - Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use, and industrial zoning districts APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: PDI Investments, LLC, 431 North 7 th Avenue, Bozeman, MT 59715 Applicant: Madison Engineering, 885 Technology Blvd., 203, Bozeman, MT 59718 Representative: Madison Engineering, 885 Technology Blvd., 203, Bozeman, MT 59718 Report By: Tom Rogers, Senior Planner, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials 37 PROJECT INFORMATION Project Name: Project Type(s): Street Address: Legal Description: Description of Project: Current Zoning: Gross Lot Area: Block Frontage(s): Number of Buildings: Type and Number of Dwellings: Building Size(s): Building Height(s): Number of Parking Spaces: Affordable Housing (Y/N): Cash-in-lieu Parkland (Y/N): Departure/Deviation Request (Y/N): A1 DEVELOPMENT REVIEW APPLICATION PROJECT IMAGE Community Development Development Review Application Page 1 of 3 Revision Date: June 2020 SPECIAL DISTRICTS Overlay District: Neighborhood Conservation None Urban Renewal District: Downtown North 7th Avenue Northeast North Park None VICINITY MAP 38 39 APPLICATION FEE Varies by project type CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street Bozeman, MT 59715 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net/planning Development Review Application Page 3 of 3 Revision Date: June 2020 REQUIRED FORMS Varies by project type DEVELOPMENT REVIEW APPLICATION Check all that apply FORM 1. Administrative Interpretation Appeal AIA 2. Administrative Project Decision Appeal APA 3. Annexation and Initial Zoning ANNX 4. Commercial/Nonresidential COA CCOA 5. Comprehensive Sign Plan CSP 6. Condominium Review CR 7. Conditional Use Permit CUP 8. Extension to Approved Plan EXT 9. Growth Policy Amendment GPA 10. Informal Review INF 11. Master Site Plan MSP 12. Modification/Plan Amendment MOD 13. Neighborhood/Residential COA NCOA 14. Pre-application Consultation None 15. PUD Concept Plan PUDC FORM 16. PUD Preliminary Plan PUDP 17. PUD Final Plan PUDFP 18. Reasonable Accommodation RA 19. Site Plan SP 20. Special Use Permit SUP 21. Special Temporary Use Permit STUP 22. Subdivision Exemption SE 23. Subdivision Pre-Application PA 24. Subdivision Preliminary Plan PP 25. Subdivision Final Plat FP 26. Wetland Review WR 27. Zone Map Amendment ZMA 28. Zone Text Amendment ZTA 29. Zoning/Subdivision Variance Z/SVAR 30. Zoning Deviation/Departure None 31. Other: APPLICATION TYPE 40 41 N1 Noticing Materials Page 1 of 1 Revision Date 01-28-20 Required Forms: N1 Recommended Forms: Required Forms: NOTICING MATERIALS Notice is required for certain projects in order for citizens to participate in decision making which affects their interests and provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision maker. SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST MINOR SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS Completed and signed property adjoiners certificate form N1. Legible list of full names and addresses of all property owners within 200 feet of the project site, attached to this checklist. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the adjoining property owners. MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS Completed and signed property adjoiners certificate form N1. Legible list of full names and addresses of all property owners within 200 feet of the project site and not physically contiguous (touching a boundary) to the subdivision, attached to this checklist. Clearly label list ADJOINER NOT CONTIGUOUS. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the adjoining property owners. Legible list of full names and addresses of all property owners physically contiguous (touching a boundary) including recorded purchasers under contract for deed to be sent certified mail attached to this checklist. Clearly label list CONTIGUOUS. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the physically contiguous property owners including recorded purchasers under contract for deed. Two sets additional mailing labels with the names and addresses of the physically contiguous property owners including recorded purchasers under contract for deed attached. NOTICE Current property owners of record can be found at the Gallatin County Clerk and Recorder’s Office in the Gallatin County Courthouse 311 West Main Street Bozeman, Montana. CERTIFICATION I, _____________________________________________, hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all condominium owners, within 200 feet of the property located at ________________________________________________________, is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. _______________________________________ Signature CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net 42 PDI Zone Map Amendment Application Narrative Page 1 of 3 PDI ANNEXATION INITIAL ZONE MAP AMENDMENT CRITERIA NARRATIVE 1. Zone Map Amendment Criteria a. Is the new zoning designed in accordance with the growth policy? How? Response: Yes, the proposed Zone Map Amendment is in accordance with the City’s Growth Policy. The proposed zoning is B2 – Community Business District. The property’s land use designation is Regional Commercial and Services and is intended to service the overall community as well as adjacent neighborhoods. Residential space is allowed and would be located above the first floor to maintain land availability for necessary services and will allow for a work-live environment. b. Will the new zoning secure safety from fire and other dangers? How? Response: Yes, the proposed Zone Map Amendment will secure safety from fire and other dangers. The proposed zoning is designed to secure safety from fire and other dangers by requiring development per the City of Bozeman standards. Regulatory provisions established for all City of Bozeman zoning districts ensure an adequate transportation network, fire services, and public utility lines. c. Will the new zoning promote public health, public safety and general welfare? How? Response: Yes, the proposed Zone Map Amendment will promote public health, public safety and general welfare. The proposed zoning will promote public health, safety and general welfare by requiring the property to develop per the City of Bozeman standards and regulations in terms of public health, safety and general welfare. The property is currently developed with commercial businesses. Any future development is subject to review for protection of the public health, safety, and general welfare of the community. Future connection to municipal water and sanitary sewer will reduce water contamination issues from an abundance of groundwater wells and will eliminate environmental risks associated with septic systems. Municipal fire and emergency response services will protect public health and safety and respond to the property at the time of annexation. The subject property falls within the existing City service area. d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements? How? 43 PDI Zone Map Amendment Application Narrative Page 2 of 3 Response: Yes, the proposed Zone Map Amendment will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. The subject property fronts on North 7th Avenue which currently provides primary access to the site. The property is also adjacent to Flora Lane on the North and West. This applicant may be required to provide additional right of way across the lot frontage to meet the City’s roadway standards. The subject property falls within the Bozeman School District #7 (BSD). BSD and Montana State University will provide educational services for potential residents. Residential development of the subject property will require parkland development or Cash in Lieu of Parkland development or a combination of both. The proposed zoning may facilitate the development of public infrastructure improvements to serve the property as additional water and sewer mains, roadways and access improvements that may be required to connect to city infrastructure or for future development. e. Will the new zoning provide reasonable provisions of adequate light and air? How? Response: Yes, the proposed Zone Map Amendment will provide reasonable provisions of adequate light and air in the future if additional development occurs to applicable setbacks, building heights, and buffering standards that have been adopted by the City. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? Response: Neutral. The property is already developed and appears no additional development can take place without substantial reconstruction of the existing buildings. Any future development may affect the City’s transportation system with increased traffic. A Traffic Impact Study may be required with future development of this property which will identify the extent of increased traffic volumes and specify required infrastructure improvements to serve the development. The extent of these improvements would be determined during subdivision and/or site plan review. g. Does the new zoning promote compatible urban growth? How? Response: Yes, the proposed B2 zoning does promote compatibility with urban growth as the adjacent property to the South is zoned B2 - Community Business District and M1 – Light Manufacturing to the North and West. h. Does the new zoning promote the character of the district? How? Response: Yes, the proposed B2 zoning does promote the character of the district. The adjacent property to the South is zoned B2 - Community Business District and M1 – Light Manufacturing to the North and West. 44 PDI Zone Map Amendment Application Narrative Page 3 of 3 i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Response: The proposed zoning will address the affected area’s peculiar suitability for particular uses as the property, if developed further, will be developed to applicable standards that have been adopted per the City of Bozeman’s development standards and regulations j. Was the new zoning adopted with a view to conserving the value of buildings? How? Response: Yes, the property is already developed with commercial businesses. k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? How? Response: Yes, the proposed B2 zoning will encourage the most appropriate use of the property as the property is already developed with commercial businesses. END OF NARRATIVE 45 46 Memorandum REPORT TO: Zoning Commission FROM: Tom Rogers, Senior Planner Chris Saunders, Community Development Manager SUBJECT: Ongoing zoning training session titled, “Introduction to Zoning.” Session includes six parts to create a foundation of knowledge for ongoing training and education sessions during future meetings. MEETING DATE: February 22, 2021 AGENDA ITEM TYPE: Citizen Advisory Board/Commission RECOMMENDATION: None STRATEGIC PLAN: 4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND: The City continues to offer opportunities to learn about City process, standards, and codes. The Zoning Commission is an integral component of the ongoing efforts of the City to promote an engaged citizenry. The City offers a variety of opportunities to learn from staff on particular subject areas. This session is a part of ongoing effort to ensure all Commission members have the tools they need to be informed and prepared in their roles as Zoning Commission members. UNRESOLVED ISSUES: None ALTERNATIVES: None FISCAL EFFECTS: None Report compiled on: February 18, 2021 47