HomeMy WebLinkAboutZMA Narrative 05-05-202119th & Babcock Rezoning Zone Map Amendment
May 2021
2 May 2021
ZMA: 19th & Babcock
Table of Contents
1. Application Information
2. Project Team
3. Narrative
I. Project Overview
II. Response to Zone Map Amendment Approval Criteria
III. Response to Spot Zoning Criteria
Appendices
Appendix A: Legal Description
Appendix B: Exhibits
Exhibit A: Vicinity Map
Exhibit B: Current Zoning Map
Exhibit C: Future Land Use Map
Exhibit D: Requested Zoning
Plans
Civil
Exhibit 1: Zone Map Amendment (24 x 36)
Exhibit 2: Zone Map Amendment (8.5 x 11)
3 May 2021
ZMA: 19th & Babcock
1. Application Information
Included with this submittal are the A1, ZMA, and N1 forms for the requested Zone
Map Amendment (ZMA) application. The calculated fee totals is outlined below.
COMPONENT FEE QUANTITY TOTAL
ZMA Base Fee $2,049.00 1 $2,049.00
Scaled Fee per Acre $58 3.13 $181.54
TOTAL $ 2,230.54
4 May 2021
ZMA: 19th & Babcock
2. Project Team
APPLICANT 414 Holdings, LLC
Attn: Christian James
cjames@huntable.com
1811 West Koch Street
Bozeman, MT 59715
p. 406.646.6789
REPRESENTITIVE 414 Holdings, LLC
Attn: Christian James
cjames@huntable.com
1811 West Koch Street
Bozeman, MT 59715
p. 406.646.6789
PROJECT CONSULTANTS
PLANNING Intrinsik Architecture, Inc.
Attn: Ryan Krueger
rkrueger@intrinsikarchitecture.com
111 North Tracy Avenue
Bozeman, MT 59715
p. 406.582.8988
SURVEYING TD&H Engineering
Attn: Colin Brady
colin.brady@tdhengineering.com
234 East Babcock Street, Suite 3
Bozeman, MT 59715
p. 406.586.0277
5 May 2021
ZMA: 19th & Babcock
3. Narrative
Executive Summary
The applicant team is seeking to rezone four parcels from B-2 to B-2M zoning, The
parcels located at the southwest corner and extend east of the intersection of South
19th Avenue and West Babcock Street.
I. Project Overview
The Applicant is requesting to rezone four separate parcels located near the
geographic center of Bozeman from B-2 (Community Business District) to B-2M
(Community Business District-mixed). This request encompasses the addresses: 102
South 19th Avenue, 1716 West Babcock Street, 1736 West Babcock Street, and 1804
West Babcock Street. All properties included in this request are designated as
Community Commercial Mixed Use, which provides B-2 and B-2M zoning as
implementing zones for this land use category.
The properties included in this ZMA cover 3.13 gross acres (136,342 sf). The 102
South 19th Avenue and 1716 West Babcock Street parcels contain two existing
buildings that have been used to support a number of different commercial uses. The
1736 and 1716 West Babcock Street parcels are also developed, and contain existing
parking lots and accessory buildings associated with the current parking uses at these
and adjacent sites. No change in use nor additional development is proposed
concurrent with this ZMA.
This rezone request demonstrates a vision for these properties, one that aligns with
Bozeman’s Unified Development Code (UDC) and the Montana Code Annotated (MCA)
Rezone Map Amendment approval criteria. The proposed zones offer additional
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ZMA: 19th & Babcock
options for creative community design and neighborhood development, and the
application narrative below lays out this reasoning.
II. Responses to ZMA Approval Criteria
Below are responses to the ZMA approval criteria (Section 76-2-304, MCA) that
address how the project relates to and meets the criteria outlined for the approval of a
zone change.
A. Is the new zoning designed in accordance with the Community Plan?
Response: Yes
The Community Plan Future Land Use Map designates this area as Community
Commercial Mixed Use (CCMU), which authorizes B-2M as an implementing zoning
district. This application shows how the proposed ZMA aligns with the effective
Community Plan.
The area to be rezoned includes extensive frontage along West Babcock Street, a
collector. The land use pattern that can be created on such an ideally served parcel
would be able to support a wide range of uses. These include restaurants, retail,
offices, mixed-use development, and residential units at higher densities, all within
existing Bozeman service boundaries and developed in close proximity to facilitate the
provision of services and employment opportunities to persons without requiring the
use of an automobile.
This mix of development at densities appropriate for a growing urban area is therefore
grounded on tenets of the Community Plan. Moreover, the B-2M zoning proposed
through this application fosters flexibility to address both current market trends and
long term land use goals for the subject property.
The Community Plan includes several goals and objectives that are broadly served
through this application, including:
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.
N-2.3 Investigate and encourage development of commerce concurrent with, or soon
after, residential development. Actions, staff, and budgetary resources relating to
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ZMA: 19th & Babcock
neighborhood commercial development should be given a high priority.
DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to
support infill development, reduce costs, and minimize disruption to the public.
DCD-2.5 Identify and zone appropriate locations for neighborhood -scale commercial
development.
DCD-2.7 Encourage the location of higher density housing and public transit routes in
proximity to one another.
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development
of housing, jobs, and services in close proximity to one another.
M-1.4 Develop safe, connected, and complementary transportation networks for
pedestrians, bicyclists, and users of other personal mobility devices ( e-bikes, electric
scooters, powered wheelchairs, etc.).
B. Will the new zoning secure safety from fire and other dangers?
Response: Yes
The subject property is currently located within the jurisdiction of the City of Bozeman
Fire and Police Departments, and the service area of American Medical Response
ambulances. Future site development will conform to City of Bozeman public safety,
building, and land use requirements in compliance with the UDC, as well as all
applicable building codes to help secure safety from fire and dangers. The zone
change is therefore unlikely to adversely impact Site safety.
C. Will the new zoning promote public health, public safety and general welfare?
Response: Yes
This infill project site lies within the City’s sewer, storm water and water facility plan
boundaries. Future submittals will be reviewed for compliance with the City’s codes to
ensure appropriate levels of transportation, water, sewer, schools, and parks are
provided. Site plans, subdivision proposal, or other development applications will
ensure adequate capacity for all required municipal services. As is stated in in the
UDC, the designation of a zoning district does not guarantee approval of proposed
development plans until the City can verify the availability of needed infrastructure and
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ZMA: 19th & Babcock
services.
D. Will the new zoning facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Response: Yes
The project site lies within the sewer, storm water, and water facility plan boundaries.
Public transportation, water, sewerage, schools, parks and other public requirements
are available onsite or in proximity to the site. Required public improvements will allow
for increased connectivity, including incremental additions of sidewalks and public
improvements providing pedestrian access and non-automotive transit options that
encourage connectivity to adjacent neighborhoods and existing uses. All future
development of the property will meet the public requirements as specified in the
applicable City standards. City water and sewer lines are already located adjacent to
or within the proposing zoning boundaries. All development will be required to create
sufficient parks and recreation facilities (or make a payments in-lieu) upon future
development. Future applications for subdivision and site plan review will specify how
they meet public requirements necessary to serve this development. Adequate
provision of services will be necessary to allow for future construction approval.
E. Will the new zoning provide reasonable provision of adequate light and air?
Response: Yes
Bozeman’s UDC contains prescriptive form and intensity standards for structural
setbacks, height limits, lot coverage, setbacks, landscaping and buffers, and maximum
lot coverage, each of which contribute to the reasonable provision of adequate light
and air. Any future development of the property will be required to conform to building
requirements and City standards for setbacks, height, lot coverage, and buffering
which ensure that residents have an adequate amount of light and air. Open spaces,
in addition to parks, are required with all future development and will be addressed
during future applications.
F. Will the new zoning have an effect on motorize and non -motorized
transportation systems?
Response: This criterion has been met. Future development offers the ability to
9 May 2021
ZMA: 19th & Babcock
modernize and streamline multi-modal transit options, including pedestrian
connections and bicycle routes. Although the proposed zone change brings the
potential of increased traffic, its proximity to major thoroughfares (e.g. Huffine Line
and 19th Avenue) allow for the dispersion of traffic through the transit network.
Moreover, future site development will create additional site infrastructure to serve
the needs of the motorized and non-motorized site users. All future development
will be in compliance with the UDC and applicable engineering standards.
Additionally, subsequent submittals will include appropriate traffic impact analysis
that include review of current and future transportation capacity. The installation of
required road improvements will further offset negative traffic impacts.
G. Does the new zoning promote compatible urban growth?
Response: Yes
The City of Bozeman has adopted a variety of standards to ensure compatibility.
Compatible Development and Compatible Land Use are defined in within the
Unified Development Code as follows:
• 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 Community Plan. 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.
The term “compatible development” includes several elements that aid in
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ZMA: 19th & Babcock
identifying compatibility and compatible urban development. It is also important to note
that the definitions for “compatible development” does not require uniformity of the
development pattern or design.
The designation this site as B-2M offers additional design flexibility to and will offer
future development to unfold compatible with development adjacent to the existing
zones. The flexibility offered by B-2M zoning will allow the site to respond to and meet
the demands of the surrounding neighborhoods, providing complimentary retail,
commercial uses, offices, and restaurants to serve the needs of the community of
Central Bozeman. All future design and construction will be compatible with the UDC
site and design standards, further ensuring compatibility for this site.
H. Does the new zoning promote the character of the district?
Response: This criterion has been met. The character of any zoning district does
not remain stagnant, however future development should promote the character of the
district as defined in the Community Plan. The zoning proposed through this
application has been shown to be in accordance with the effective Community Plan
(see the response to Criteria A , above). Moreover, the Community Plan details which
land use categories are authorized to implement each zoning district. B-2M is an
authorized zones within the CCMU land use category, and the new zoning is in
accordance with the Community Plan goals and objectives, and the Future Land Use
Map (Please see Appendix C, Exhibit D). Taken as a whole, this indicates that the
proposal will promote the character of the adjacent district as required.
As noted in Criterion G above, this application shows conformance with the City’s
definition of compatible development. Moreover, the City has adopted many standards
within the Unified Development Code to identify and mitigate demonstrable negative
impacts of future development. These support the ability of future development within
each of the proposed zones to be reviewed for compatibility at the time development is
proposed. As the district adjacent to these sites is evolving, the character of the area
has not yet been fully realized, and this development is intended to compliment the
overall character of this area.
I. Does the new zoning address the affected area’s peculiar suitability for
particular uses?
11 May 2021
ZMA: 19th & Babcock
Response: This criterion has been met. All properties lie adjacent to existing
access to public utilities and municipal services. Future development of the site will
enable development of important connection points for the transportation system,
including continuation of the sidewalk network along West Babcock. The site is
capable of supporting a diverse array of uses, and the proposed zones demonstrate a
preferable arrangement of these possible future uses. The proposed B-2M Zoning
District is appropriate for this location and allows for the construction of commercial or
mixed-used developments on an infill site. B-2M Zoning District is also imagined to
encourage support services and employment opportunities that correspond to possible
uses within the site and between adjacent sites.
J. Was the new zoning adopted with a view to conserving the values of
buildings?
Response: This criterion has been met. The new zoning, once adopted, will not
negatively impact the existing notable buildings at this location. The existing buildings
adjacent to 19th Avenue are to remain, while development of the parking lots will see
these parcels reach a higher and better use. The storage sheds and similar structures
are not significant to the property and may be removed to facilitate site development.
K. Does the new zoning encourage the most appropriate use of land throughout
the jurisdictional area?
Response: This criterion has been met. The new zoning will allow for higher
residential and commercial densities to be constructed on an infill site in a growing
area of Bozeman. The City is in need of additional housing and retail/commercial
services in proximity to established neighborhoods to accommodate demand and meet
additional community needs. The Community Plan is also supportive of the
appropriateness of the possible uses of the lands encompassed in the ZMA, as has
been described in the response to Criteria A (above). The B-2M zoning offers an
opportunity to create neighborhood scale commercial development adjacent to a
critical transit corridor and established residential neighborhoods, while providing for
additional site design flexibility (i.e. lower parking requirements).
12 May 2021
ZMA: 19th & Babcock
III. Response to Spot Zoning Criteria
A. Are the requested zoning designation and potential uses significantly
different from the prevailing uses in the area?
Response: No, therefore this criterion has been met.
Three of these parcels are developed with buildings and parking lots. These
properties are edged on the north by West Babcock Street, a collector, while the
properties to the south are developed with a wide variety of residential uses.
however the northern boundary lies adjacent to developed residential land uses.
The proposed B-2 zoning that encompasses all four parcels is not significantly
different than B-2M, and the uses contained within B-2M are not significantly
different that those allowed in B-2.
Bozeman’s Zoning District’s have been purposefully developed to include a variety
of uses within each district. Future development of the site will be proposed in
compliance with all B-2M Zoning District requirements, and this possible future
development will not alter the prevailing uses in the area.
B. Does the requested zoning designation benefit a small area and only one
or a few landowners, or does the requested zoning benefit the surrounding
neighborhood, community and general public?
Response: This criterion has been met.
As described in Criterion A above, the amendment advances the overall policies of
the Bozeman Community Plan (Community Plan). It follows that alignment with the
Plan shows that the requested zoning would therefore benefit the community and
the general welfare. Moreover, the proposed zoning does not inhibit potential
development of adjacent properties, which further supports the planning goals of
the community.
13 May 2021
ZMA: 19th & Babcock
C. Is the requested zoning designation compatible with the zoning district’s
plan or is it special legislation designed to benefit only one or a few
landowners at the expense of the surrounding land owners?
Response: This criterion has been met.
This amendment does not come at the expense of surrounding landowners or the
general public. No substantial negative impacts resulting from this zone map
amendment have been identified. Future site development has the potential to
create to new commercial and housing opportunities for residents of Bozeman. The
new development will also provide new transportation links and public infrastructure
improvements are likely to contribute to the community as a whole.
As has been shown, the application is consistent with the Community Plan. Here
again, the Community Plan is the overall land use policy for the City and
consistency with the Plan demonstrates benefit to the general public. This request
is also consistent with the existing and supposed future character of the area,
further evidence that the amendment does not benefit the landowner at the
expense of others. Future site development will change the character of the site
from its current state, however the change in zoning does not specifically cause
harm to the surrounding landowners.