HomeMy WebLinkAbout001 ZMA NarrativeWestern Heritage Site Zone Map Amendment
May 2022
2 May 2022
Western Heritage Site: Zone Map Amendment
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: Vicinity Map
Appendix B: Current Zoning Map
Appendix C: Future Land Use Map
Appendix D: Requested Zoning
Appendix E.1: Legal Description
Appendix E.2: Editable Legal Description
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Western Heritage Site: Zone Map Amendment
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 $2,459 1 $2,459.00
TOTAL $ 2,459.00
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Western Heritage Site: Zone Map Amendment
2. Project Team
APPLICANT Western Heritage Ownership, LLC
1200 East Main Street
Bozeman, MT 59715
p. 503.929.1375
REPRESENTITIVE Western Heritage BD
PO Box 6220
Bozeman, MT 59771
p. 503.929.1375
PROJECT CONSULTANTS
PLANNING Intrinsik Architecture
Attn: Tyler Steinway
tsteinway@intrinsikarchitecture.com
106 East Babcock Street, Suite 1A
Bozeman, MT 59715
p. 406.582.8988
SURVEYING Stahly Engineering & Associates
Attn: Dan Stahly
dstahly@seaeng.com
851 Bridger Drive, Suite 1
Bozeman, MT 59715
p. 406.522.8594
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Western Heritage Site: Zone Map Amendment
3. Narrative
Executive Summary
The applicant team is seeking to rezone one parcel from B-2 to B-2M zoning,
parcels located on East Main Street and is the Western Heritage Inn.
I. Project Overview
The Applicant is requesting to rezone one parcel located near the intersection of
Highland Boulevard and East Main Street from B -2 (Community Business District)
to B-2M (Community Business District-mixed). The project site includes 1200 East
Main Street. The subject property included in this request is 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 1.13 gross acres (49,145.91 SF). The
project site has one primary structure, a hotel and one accessory shed. No change
in use nor additional development are proposed concurrent with this ZMA.
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Western Heritage Site: Zone Map Amendment
This rezone request demonstrates a vision for this property, one that aligns with
Bozeman’s Unified Development Code (UDC) and the Montana Code Annotated
(MCA) Rezone Map Amendment approval criteria. The proposed zone offers
additional options for creative community design and future infill redevelopment.
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 East Main Street , a
Principal Arterial. The land use pattern that can be created on such an ideally
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Western Heritage Site: Zone Map Amendment
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 in the merits 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 R-2.3 Make good financial investments that have the potential for
economic benefit to the investor and the broader community both through direct
and indirect returns.
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 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
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Western Heritage Site: Zone Map Amendment
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 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 development applications.
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Western Heritage Site: Zone Map Amendment
F. Will the new zoning have an effect on motorize and non-motorized
transportation systems?
Response: This criterion has been met.
The City’s transportation plan is used to evaluate transportation needs over the
long term across the municipal area to account for the impacts of motorized
vehicles as well as bikes and pedestrians. The parks and trails plans also examine
and specify options for extensions of the existing trail network through this site.
Future site development will examine impacts on the transportation network, parks,
and trails system, and municipal facilities. Furthermore, these future development
reviews will ensure that development under the new zoning will comply with the
City’s standards for the provision of onsite parking for bicycles and vehicles, as
well as the requirements for onsite circulation.
Traffic impacts will be studied by the development team to demonstrate compliance
with the City’s long-range transportation plans. Future project development will
ensure compliance with the acceptable traffic limits identified in the transportation
plans, as well as provide for the dedication of rights of way, construction or
reconstruction of streets and trails, payment of impact fees, and other contributions
as will be applicable to this project.
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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Western Heritage Site: Zone Map Amendment
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.
Furthermore, The Bozeman Community Plan establishes a preferred and
compatible development pattern through the Future Land Use Map, which
establishes generalized expectations for what goes where in the community.
Moreover, the UDC explicitly defines compatible urban growth, which does not
require uniformity in order to ensure compatibility. The City ’s zoning ordinances
define the uses and development standards associated for projects proposed under
the auspices of each zone. Each zone includes a range of uses that are
appropriate.
The property is designated as Community Commercial Mixed Use on the future
land use map, which allows for B-2M implementing zoning as proposed by the
applicant. Based on the land use map designations and correlated zoning districts
in the plan and proposed by the applicant, the zone map amendment would
promote compatible urban growth. Also see the discussion in (H) below.
Future development under the proposed zoning will look to advance the Actions
within the Climate Plan to create efficient buildings that contain renewable energy
generation infrastructure. Future site planning will look to integrate compact
development patterns that is supported by a variety of transit infrastructure. Future
development will additionally support the Community Housing Action Plan through
the provision of additional housing stock variety and availability.
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). Taken as a whole, this indicates that the proposal will promote the
character of the adjacent district as required.
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Western Heritage Site: Zone Map Amendment
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?
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. 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. Any proposed uses or new structures will be obligated to
meet the requirements of the UDC which will alleviate any potential negative
impacts to adjacent buildings in the event of future development on this property.
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).
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Western Heritage Site: Zone Map Amendment
III. Response to Spot Zoning Criteria
B. 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
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Western Heritage Site: Zone Map Amendment
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.
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
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Western Heritage Site: Zone Map Amendment
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.