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Home My WebLink About21330 Notice BOZ E MANS Al Community Development DEVELOPMENT REVIEW APPLICATION PROJECT IMAGE - I I v t ' Cwrly RM NerM•61b 6WM%! MIYNpc luau'DlclM BRi 4MM41 PROJECT INFORMATION VICINITY MAP Project Name: Gallatin County Rest Home ZMA �� Re:txom. 1221 Du-Rd. mclnity Mlp Project Type(s): ZMA Street Address: 1221 Durston Rd. Legal Description; Tract sof COS 2439 Description of Project: Request to change the zoning from R3 to R4. The County is considering development of a daycare and some form of housing on the northern end of property. Current Zoning: R3 ; rt- r , Gross Lot Area: 9.8acres - Block Frontage(s): landscaped Number of Buildings: One Building Existing(County Rest Home) 1 Type and Number of Dwellings: Tobedetermined - BuildingSiZe(s): Tobedetermined r Building Height(s): Tobedetermined Number of Parking Spaces: Tobedetermined , . q Affordable Housing(Y/N): Tobedetermined Cash-in-lieu Parkland (Y/N): Y(likely) Departure/Deviation Request(Y/N): " SPECIAL DISTRICTS Overlay District: Neighborhood Conservation None Urban Renewal District: Downtown North 7th Avenue Northeast North Park None Development Review Application Page 1 of 3 Revision Date:June 2020 DEVELOPMENT REVIEW APPLICATION PROPERTY OWNER Name: Gallatin County FUI I Address: 311 W.Main Street,Room 306,Bozeman,MT 59718 Email: commissioners@gallatin.mt.gov Phone: (406)582-3000 APPLICANT Name: Gallatin county Full Address: 311 W.Main Street,Room 306,Bozeman,MT59718 Email: commissioners@gallatin.mt.gov Phone: (406)582-3000 REPRESENTATIVE Name: Sean O'Callaghan,AICP FUII Address: 311 W.Main Street,Room 108,Bozeman,MT 59718 Email: sean.ocallaghan@gallatin.mt.gov Phone: (406)582-3130 CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if different)for all application types before the submittal will be accepted.The only exception to this is an informal review application that may be signed by the applicant(s) only. As indicated by the signature(s) below,the applicant(s)and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative's access to the subject site during the course of the review process (Section 38.200.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my(our) knowledge. Certification of Completion and Compliance—I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan—I acknowledge that construction not in compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance. Applicant Signature: 1.� Printed Name: Scott MacFarlane,Chairman,Gallatin County Commission Owner Signature:Printed Name:Name: Scott MacFarlane,Chairman,Gall atin County Commission Representative Signature: ^ 0 Printed Name: SeanOCallaghan Development Review Application Page 2 of 3 Revision Date:June 2020 DEVELOPMENT REVIEW APDl 1 (- ATlr) K1 APPLICATION TYPE Check all that apply FORM FORM 1. Administrative Interpretation Appeal AIA 16. PUD Preliminary Plan PUDP 2. Administrative Project Decision Appeal APA 17. PUD Final Plan PUDFP 3. Annexation and Initial Zoning ANNX 18. Reasonable Accommodation RA 4. Commercial/Nonresidential COA CCOA 19. Site Plan SP 5. Comprehensive Sign Plan CSP 20. Special Use Permit SUP 6. Condominium Review CR 21. Special Temporary Use Permit STUD 7. Conditional Use Permit CUP 22. Subdivision Exemption SE 8. Extension to Approved Plan EXT 23. Subdivision Pre-Application PA 9. Growth Policy Amendment GPA 24. Subdivision Preliminary Plan PP 10. Informal Review INF 25. Subdivision Final Plat FP 11. Master Site Plan MSP 26. Wetland Review WR 12. Modification/Plan Amendment MOD 27. Zone Map Amendment ZMA 13. Neighborhood/Residential COA NCOA 28. Zone Text Amendment ZTA 14. Pre-application Consultation None 29. Zoning/Subdivision Variance Z/SVAR 15. PUD Concept Plan PUDC 30. Zoning Deviation/Departure None 31. Other: REQUIRED FORMS Varies by project type APPLICATION FEE Varies by project type CONTACT US Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 Bozeman, MT 59715 planning@bozeman.net www.bozeman.net/planning Development Review Application Page 3 of 3 Revision Date:June 2020 " n7 r " A NMT ZMA Community Development 7n^11: RIAP AMENDMENT CHECKLIST ZONE MAP AMENDMENT APPLICATION PROCEDURE A Zone Map Amendment(ZMA), requests a change of zoning to an existing parcel or as part of an annexation to a property that requires a zoning designation. If the rezone is part of an annexation,this handout provides details for the application requirements required to rezone a property. ZMA APPLICATION CHECKLIST 1. Complete and signed development review application form Al. 2. All materials must be a JPEG or PDF. No individual files will be accepted that are larger than 20 MB. Files that are larger must be broken down into smaller files. Ensure that layers are flattened. 3. The digital copies must be separated into two categories: Documents and Plans. a. The Documents folder should include items such as application forms, narrative, response to City comments, supplemental documents,technical reports, easements, legal documents,etc. b. The Plans folder should include items such as site plans, civil plans, landscape plans, photometric plans, elevations, etc. All drawing files must be drawn and formatted for a 24"x 36" sheet file or 11" x 17" sheet file. Plan pages shall be properly oriented in landscape mode. 4. Naming protocol. Each individual document or plan sheet must have a proper name and date. For example a document might be labeled "CONR application 04-01-2021". 5. Complete and signed property adjoiners certificate form N1 and materials. 6. Project narrative including a detailed response to the following: a. Is the new zoning designed in accordance with the growth policy? How? b. Will the new zoning secure safety from fire and other dangers? How? c. Will the new zoning promote public health, safety and welfare? How? d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements? How? e. Will the new zoning provide reasonable provision of adequate light and air? How? f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How? g. Does the new zoning promote compatible urban growth? How? h. Does the new zoning promote the character of the district? How? I. Does the new zoning address the affected area's peculiar suitability for particular uses? How? j. Was the new zoning adopted with a view of conserving the values of buildings? How? k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? ZMA DISCLAIMER As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction.The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy(criteria A) and be designed to secure safety from fire and other dangers(criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements(criteria D). Therefore,to approve a zone map amendment the Commission must find Criteria A-D are met. In addition,the Commission must also consider criteria E-K,and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. The information,or argument, is necessary to make a decision.Statements supporting the application must identify goals and objectives of the Growth Policy advanced by the proposed change. Conclusory statements are not arguments for a proposed change.Your argument is critical to the success or failure of your application. Please refer to example findings to help inform your analysis. Be aware your application will be analyzed against spot zoning and is a primary component of the public review. You may wish to comment to ensure your request is successful and defensible. Zone Map Amendment Page 1 of 2 Revision Date:April 2021 ZMA MAP REQUIREMENTS 1. Include an exhibit of the property to be modified. Provide existing zoning designation and the proposed zoning designation clearly labeled.The exhibit should include the legal limits of the property and size in square feet and acreage. If adjacent to a right-of-way, the zoning should extend to the centerline of the right of way. 2. Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet. 3. Scale, north arrow and date of preparation. 4. Subject property well defined. 5. Existing zoning of the surrounding property, including County zoned properties if applicable. 6. Boundaries of proposed zoning(if more than one designation being requested) well defined. 7. Proximity of all existing and proposed water and sewer mains and extension. 8. Location of all existing structures on the subject property. 9. Adjacent streets and street right-of-ways. 10. Water bodies and wetlands. CERTIFICATION AND SIGNATURES I (We), the undersigned, hereby certify that the information contained in this application is true and correct to the best of my (our) knowledge. Property Owner's Siggna�tture(s) Date State of N1 0 I !a l County of b(,(1IOuh�1 //�� On thisQ date of US Zy�d 20 , before me, a Notary Public and the State of M( "1 personally appeared r 00 " C known to me to be the person(s)whose name(s) is(are)subscribed to the above instrument and acknowledge to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the date and year first above written. / s�ci►°jk JESSICA DIXON A /l a� •• . 0 Notary Public Nota ublic for State of ��/l �( :NOTAA1q4' for the State of Montana ll * Residing at: Residing at 1. ��{ ,5;.SF.,AL.-Q- Bozeman, Montana g !1 'Qfl, wo)I)t�no, .P:;, Y p � A /� oF'M ,,. M Commission Expires: My Commission Expires ► d�y �D A V�� ^' May 6,2025 REQUIRED FORMS A1,N1,ANNX(if property is being annexed into City) APPLICATION FEE For most current application fee, see ;hedule of Community Development fees. Fees are typically adjusted in January. CONTACT US Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 PO Box 1230 planning@bozeman.net Bozeman, MT 59715 www.bozeman.net/planning Zone Map Amendment Page 2 of 2 Revision Date:April 2021 BOZ E MANMT N1 Community Development NOTICING CHECKLIST NOTICING PROCEDURE 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.The applicant is responsible for posting the project site and mailing a notice per the requirements of the Bozeman Municipal Code(BMC). Public noticing for comment periods or hearings and associated application information,timing, type,and location is required by law per Section 38.220, BMC.See form N2 Noticing Instructions and Declaration Form on how to notice your project, send mailings, and post on the project site. NOTICING CHECKLIST (NON-CERTIFIED MAILINGS) The following is required materials for applications that do not require certified mail-Site Plan, Master Site Plan, Conditional Use Permit, Special Use Permit,Variance, Deviation, First Minor Subdivision, Planned Unit Development, Appeals, Zone Map Amendment,Growth Policy Amendment, Annexation. 1. Completed and signed property adjoiners certificate form N1. 2. Legible list of full names and addresses of all property owners within 200 feet of the project site, attached to this checklist. NOTICING CHECKLIST(CERTIFIED MAILINGS) The following is required materials for applications that do require certified mail- Major and Subsequent Minor Subdivisions. 1. Completed and signed property adjoiners certificate form N1. 2. 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. 3. 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 ADJOINER CONTIGUOUS. PROPERTY-OWNER RECORDS Current property owners of record can be found at the Gallatin County Clerk and Recorder's Office in the Gallatin County Courthouse at 311 West Main Street Bozeman, Montana. CERTIFICATION AND SIGNATURES Sean O'Callaghan 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 1221 Durston Rd , is a true and accurate list from the last declared Gallatin County tax records. I furt er understand that an inaccurate list may delay review of the project. 040,_ 7 30 ZOV Signature Date CONTACT US Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 Bozeman, MT 59715 planning@bozeman.net www.bozeman.net/planning Noticing Checklist Page 1 of i Revision Date:August 2020 .:tfyOf GAL1,1�* F e Gallatin County MEMO TO: City of Bozeman Department of Community Development FROM: Sean O'Callaghan, CFM,AICP, Director Gallatin County Dept. of Planning& Community Development RE: ZMA Narrative for County Rest Home Property(Tract B, COS 2439) DATE: July 30, 2021 The following responses are provided to the criteria set forth on the City of Bozeman's ZMA Checklist a.Is the new zoning designed in accordance with the growth policy?How? Yes.There are several ways in which the proposed new zoning of the property would be in accordance with the growth policy: 1)The change would be in accordance with the Future Land Use map designation of Urban Neighborhood, which has a wide range of densities and uses according to page 58 of the Community Plan.The R-4 Zoning District is one of the zoning districts associated with the Urban Neighborhood land use designation. 2)The Urban Neighborhood land use category promotes"complementary uses such as parks,home-based occupations,fire stations,churches,schools,and some neighborhood-serving commerce."A day care use, which would qualify as a complementary use,is contemplated as part of the development of the site. 3)The Urban Neighborhood land use category encourages higher density residential areas to be in "proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car."The subject parcel's proximity to the services and amenities located along 71 Street(Midtown District,pg 32 map)falls in line with the intent of this land use category. 4)One of the principles of the plan listed on pg 20 is"Infill development and redevelopment should be prioritized,but incremental compact outward growth is a necessary part of the City's growth."The proposed ZMA would further the principle of infill development within City limits. 5)Finally,there are several policies listed in the Comprehensive Plan that support this ZMA proposal: • N-1.2 Increase required minimum densities in residential districts. o The ZMA proposal would increase the minimum density in a residential zoning district. • N-1.11 Enable a gradual and predictable increase in density in developed areas over time. o The ZMA proposal is a gradual increase in density, from R-3 to R-4. • N-1.12 Encourage major employers to provide employee housing within walking/biking distance of place of employment. Department of Planning&Community Development • 311 W.Main,Rm. 108 • Bozeman,MT 59715 Phone(406)582-3130 9 Fax(406) 582-3135 9 planning_Agallatin.mt.gov Gallatin County Planning Department Page_2 of 4 o In addition to other possible components,it is contemplated that development of the site will include some transitional employee housing for County employees in a central Bozeman location. • N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. o This proposal is a higher density residential district directly across from Bozeman High School,near the 7t`street Midtown District, and on Durston Road, an important east/west corridor. • N-3.3 Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial,recreational, and transit assets. o In addition to other possible components, development of the site is intended to include transitional employee housing for County employees in a central Bozeman location. o The County will be exploring a variety of options for development of the property,including but not limited to affordable housing. • DCD-1.5 Identify underutilized sites,vacant; and undeveloped sites for possible development or redevelopment,including evaluating possible development incentives. o The proposed development associated with the ZMA would result in higher utilization of the north portion of the parcel (which is currently undeveloped) than the current zoning would allow. • EE-1.4 Support employee retention and attraction efforts by encouraging continued development of affordable housing in close proximity to large employers. o This proposed development associated with the ZMA would result in transitional employee housing for County employees in a central Bozeman location. In addition,the proposed daycare is an important component of the development that will boost attraction and retention of County employees. Such options would help Gallatin County, as one of the large employers in the area,with both employee recruitment and retention. • RC-3.1 Work with Gallatin County to create compact, contiguous development and infill to achieve an efficient use of land and infrastructure,reducing sprawl and preserving open space,agricultural lands,wildlife habitat, and water resources. o The proposed development associated with the ZMA would help create compact, contiguous development and infill along Durston road. The proposal does not contribute to sprawl, does not remove open space outside the Bozeman community,does not convert agricultural lands to development,does not impact wildlife or wildlife habitat, and preserves water resources by connecting to existing City infrastructure and utilities. • RC-3.8 Coordinate with Gallatin County for siting,development, and redevelopment of regional parks, emergency services, fairgrounds,transportation facilities,interchanges, or other significant regional services. o This proposed development associated with the ZMA is intended to facilitate a variety of components and uses,including but not limited to transitional employee housing and a daycare facility for County employees,who provide significant regional services. b. Will the new zoning secure safety from fire and other dangers?How? The subject property is currently served by City of Bozeman Fire and Police Departments.Future development of the property will be required to conform to all City of Bozeman public safety,building,and Department of Planning& Community Development • 311 W.Main,Rm. 108 • Bozeman, MT 59715 Phone(406)582-3130 • Fax(406) 582-3135 9 planningggallatin.mt.gov Gallatin County Planning Department Page 3 of 4 land use requirements,and will address safety concerns from fire and other dangers via the site planning, development review,and building permitting processes. c. Will the new zoning promote public health,safety and welfare?How? The proposed development associated with the Zone Map Amendment will require site plan review and compliance with the City's Unified Development Code.It will also promote public health by providing a variety of possible uses and components,including but not limited to transitional,workforce housing and a day-care facility.In addition,the proximity of the development to the services and amenities on both 71 Street and 191 Street will promote walking,biking,and other forms of multimodal transportation to access those services,which in turn promotes public health and welfare via reduction of VMTs and positive health outcomes from active transportation. The proposed development associated with the Zone Map Amendment will be required to address safety concerns via the site planning and development review process. d. Will the new zoning facilitate the adequate provisions of transportation,water,sewage,schools,parks and other public requirements?How? Initial discussions with City of Bozeman staff has indicated that adequate infrastructure is in place or can be extended to serve development of the site with R-4 zoning. Further investigation and analysis of any infrastructure needs or other public requirements will be made as the ensuing development is reviewed under the City's various regulations(e.g. subdivision,zoning,and building regulations). e. Will the new zoning provide reasonable provision of adequate light and air?How? Any development of the property that results from the Zone Map Amendment is not anticipated to compromise the provision of adequate light and air and will be reviewed for compliance with any relevant provisions that exist in the City's Unified Development Code. f. Will the new zoning have an effect on motorized and non-motorized transportation systems?How? The proposed development associated with the Zone Map Amendment will increase density and therefore increase both motorized and non-motorized transportation trips.Impacts from motorized transportation and potential mitigation strategies will be analyzed once specific development plans are made and addressed as part of the development review process in accordance with the Bozeman Transportation Master Plan.Due to the site's central Bozeman location and close proximity to the 7'Street Midtown District,it can be reasonably expected that residents will opt at times to utilize public transportation and non-motorized transportation facilities,such as bike lanes and sidewalks,to access various amenities and services. g.Does the new zoning promote compatible urban growth?How? Yes.The proposed ZMA boosts potential residential density in a predictable,incremental way,which is an accepted urban growth tactic.Further,the development will be infill,and it will better utilize the north portion of the parcel(which is currently undeveloped)than the current zoning would allow.Infill of underutilized sites is an important urban growth tactic.Lastly,the location of the development is in a central Bozeman location,on an important east/west transportation corridor,and is within reasonable walking/cycling distance to a variety of amenities and services,which are all important urban growth considerations. h.Does the new zoning promote the character of the district?How? The proposed ZMA would be consistent with the character of the area,which includes a decreasing intensity of development as the distance from N. 71 Avenue increases.The ZMA is also consistent with the existing medium to higher density residential nature of the area. i.Does the new zoning address the affected area's peculiar suitability for particular uses?How? Department of Planning&Community Development • 311 W.Main,Rm. 108 • Bozeman,MT 59715 Phone(406)582-3130 • Fax(406)582-3135 • planning(a�gallatin.mt.gov Gallatin County Planning Department Page 4 of 4 The current district is intended for residential uses.The proposed zoning is also residential,but with higher density,and should not dramatically change the uses currently permitted in the district.The development associated with the proposed ZMA will be primarily residential,which is the intent of the R-4 Zoning District. j. Was the new zoning adopted with a view of conserving the values of buildings?How? The development associated with the proposed ZMA does not propose to remove or degrade any existing buildings,and instead will add new construction that is compatible and consistent with the character of the surrounding area. &How does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? How? The proposed zoning will allow for higher utilization of an infill site.Infill is an important objective of the Comprehensive Plan and urban growth.The proposed zoning will also allow for increased residential density, thereby increasing the number of housing units,which is also an important objective in the Comprehensive Plan and can help make housing units more affordable.The proposed development associated with the ZMA will not require outward expansion of City services,but instead will utilize the existing infrastructure network located on and near the site. Department of Planning&Community Development • 311 W.Main, Rm. 108 • Bozeman,MT 59715 Phone(406)582-3130 • Fax(406) 582-3135 9 planning(a)gallatin.mt.gov CERTIFICATE OF SURVEY 2439 as F 41 F I z 5W, < i NEMI&M t-1-" 5 so fa 71P S00-37'I0"E 2647.77' ptjX'S % Fq NDI'3055-E c NORM 14eh AV 129&3r 133asw Ei §8 w ITyJ 0> A bq a M 0. > jai f > z'm 12 z 5R 00 16 > 10 > > '000 p > 0 D. 6 0 mom 3 M Egg H-1 P. 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