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HomeMy WebLinkAbout001 ZMA NarrativeNorth 8th ZMA Zone Map Amendment November 2022 Table of Contents Narrative I. Project Overview II. Response to Zone Map Amendment Approval Criteria III. Response to Spot Zoning Criteria Appendices Appendix A.1: Vicinity Map Appendix A.2: Current Zoning Map Appendix A.3: Future Land Use Map Appendix A.4: Proposed Zoning Map Appendix B: Zone Map Amendment Editable Legal Description 1. Project Team Owners & Applicant: Dark Horse Properties LLC Attn: Shaun Marshall-Pryde 8652 South 19th Avenue Bozeman, MT 59715 Email: darkhorsesmp@gmail.com Catron Creek LLC Attn: Luke Wellborn PO Box 6507 Bozeman, MT 59771 Representative: Intrinsik Architecture, Inc Attn: Tyler Steinway 106 East Babcock Street, Suite 1A Bozeman, MT 59715 Ph: 406.582.8988 Email: tsteinway@intrinsikarchitecture.com Project Narrative Executive summary The project team is submitting an application for a zone map amendment to change the zoning from R-4 to R-5 for three parcels (.49 ac), with two unique owners, located at the southwest corner of West Lamme Street and North 8th Avenue. These parcels are designated by the Community Plan to be Urban Neighborhood. Project description The applicant is requesting to rezoning 3 separate parcels located on the edge of the Mid-Town TIF district from R-4 (Residential High Density District) to R-5 (Residential Mixed-Use High Density District). This request encompasses the addresses: 810 West Lamme Street, 119 North 8th Avenue and 115 North 8th Avenue. All of the subject parcels are located within the Community Plan’s Urban Neighborhood Designation, which provides R-5 zoning as an implementing zone. All three of these parcels are uniquely situated and will act as a transition zone into the R-4 zoned neighborhood. These parcels are located on the boundary of the Mid-Town TIF district to the east and bound on 2 sides by B-2M zoned parcels. These parcels are a block away from a principal Arterial (North 7th Avenue) and a minor arterial (West Mendenhall Street). While there are relatively low intensity land uses surrounding these three lots they are zoned and designated for higher and more intense uses. These properties included in this ZMA cover approximately .49 acres. All three of these parcels have single households and associated accessory buildings located on site. While no change or additional development is proposed concurrently with this ZMA, the applicant is considering future development on one of these lots. At this time the applicant is considering and studying a future development project that will look to have an affordable housing component through the utilization of the affordable housing incentives. This rezoning request demonstrates a vision for this property one that aligns with the Bozeman Unified Development Code, Montana Code Annotated and the Bozeman Community Plan. The proposed zoning allows for more creative neighborhood design, that aims to accomplish several goals and themes of the community plan as outlined in our application responses below. 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 growth policy? How? Yes. The future land use map as an illustration is the fundamental building block to communicate the City’s desired outcome to accommodate the complex and diverse needs of its residents. The Future Land Use Map in the Bozeman Community Plan 2020 designates the property as Urban Neighborhood. The intent of the Urban Neighborhood designation is to allow for a variety of types, shapes, sizes and intensity of homes. The community plan states, “Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” This project site is directly adjacent to a B-2M zoned parcels and a block away from the North 7th commercial corridor. Furthermore, the Community Plan states that large areas of single types of housing are discouraged. While the R-4 allows for a diverse range of housing options they occur at a relatively low density, drastically limiting both the number of units you are able to provide onsite as well as the types of housing generally developed in this zoning district. The R-4 zoning district when applied to smaller lots drastically limits the number of dwelling units you can place on a site given the required minimum lot size and maximum lot coverage. R-5 as a zoning district is one of the best zoning districts for accomplishing the intent of the Urban Neighborhood designation. The proposed zone map amendment from R-4 to R-5 would allow for similar single-household dwellings as the current R-4 district, and also provide for multi-household dwellings such as apartment buildings, two- and three-household dwellings and townhouses/rowhouses as permitted uses to serve the varying needs of the residents. neighborhood service opportunities. The proposed R-5 designation is appropriate for the property, which abuts the B-2M district to the south and east as well as R-4 district on the west and north sides. Furthermore, this change to R-5 will create a transition zone from the nearby commercial B-2M areas back into the neighborhood to the northeast. This development pattern is consistent with several goals and objectives of the Community Plan including: Goal N-1: Support well-planned, walkable neighborhoods. R-5 is a mixed-use district zone that would allow for a mix of housing and commercial uses. The location of this project site makes for a great opportunity for residents to have the opportunity to live, work, and shop in close proximity to where they live which facilitates walkability. The built environment and the adjacent zones create the opportunity for a great walkable, well-planned neighborhood. This proposed zone changes further enhance and support the commercial corridor that is north 7th. Another measure for how walkable a neighborhood is based on its overall walk score, which for these subject properties is 89. Walkscore.com rates a score of 89 as very walkable so most errands can be accomplished on foot. Furthermore, the bike score is 74 which is described as convenient for most trips. Lastly, the transit score is 27, which indicates that there also a few public transportation options nearby. This walk score shows that this site is very walkable and situated just right for a change in zoning to R-5. N-1.1 Promote housing diversity, including missing middle housing. The request to change to R-5 will allow for the creation of more housing units than is currently allowed in the R-4 zoning district, given the site constraints of minimum lot size, maximum lot coverage and maximum height allowed in the R-4 zoning district. While at this point it can’t be guaranteed, the applicant has every intention on utilizing the shallow affordable housing incentives to create missing middle housing unit. N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing. As described above, while the R-4 district allows for a variety of housing options, when applied to smaller sites the number of units a property owner can do is limited, eliminating several of the allowed housing types. The R-5 zoning district will allow for the creation of more housing units at a variety of scales to support the adjacent B-2M zoning district and the North 7th commercial corridor. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. In close proximity to the site is the north 7th commercial node, which situates this project site in a prime position to support this node and ultimately allow for it emergence/prosperity. The change from R-5 will allow for residential development to happen at a good scale that will help bolster this commercial area. N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. The north 7th commercial node is identified in the community plan and this site is a block away from this node. Furthermore, the project site is directly adjacent to the north 7th TIF district, which is actively incentivizing the further development of this node. Goal N-3: Promote a diverse supply of quality housing units. N-3.1 Establish standards for provisions of diversity of housing types in a given area. The R-5 zoning designations would allow for a diversity of housing units which would complement the adjacent B-2M zoning district as well as act as a good transition zone into the neighborhood adjacent to the west. Furthermore, it is the applicant’s intent to utilize the shallow affordable housing incentives to further promote diverse housing supply. N-3.7 Support compact neighborhoods, small lot sizes, and small floor plans, especially through mechanisms such as density bonuses. The applicant intends to utilize the shallow affordable housing incentives to create additional housing units for the benefit of the community. N-3.8 Promote the development of "Missing Middle" housing (side by side or stacked duplex, triplex, live- work, cottage housing, group living, rowhouses/ townhouses, etc.) as one of the most critical components of affordable housing. The proposed R-5 zoning is in alignment with the goals of development for the “missing middle” housing by allowing higher densities and a more diverse array of housing types than the current R-4 zoning. Multi-household dwellings, such as apartments, two- and three-household dwellings and townhouses/rowhouses, are permitted uses within the proposed zoning districts. Furthermore, the applicant’s intent is to utilize the shallow affordable housing incentives to create more missing middle housing units. Goal DCD-1: Support urban development within the City. The subject sites are located within the city and are in close proximity to a commercial node making them the perfect place for urban development. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. The proposed R-5 zoning would allow for higher density residential development in proximity to jobs and services, thus encouraging growth and enhancing the patter of community development oriented on employment and activity areas. b. Will the new zoning secure safety from fire and other dangers? How? Yes. The subject property is currently served by the City of Bozeman Fire and Police Departments. The fire department can access all three of these properties from the street and also from the alley way in the rear. Additionally, these departments will review any future development of the property during site plan review ensuring adequate services can be provided. Any future development will conform to the City of Bozeman public safety, building, setback and land use requirement in compliance with the UDC. Any building will go through the building permitting process to ensure safety from fire and other dangers. This zoning changes will therefore will not have an impact on site safety. c. Will the new zoning promote public health, safety and welfare? How? Yes. Future development of the site will require site plan review and compliance with the City’s Unified Development Code which ensures the promotion of public health, safety and general welfare. The proposed amendment will not put undue burden on municipal services, emergency response capability, or similar existing requirements. Furthermore, any future development will be reviewed as a site plan application which will allow for the appropriate City departments to weight in municipal services, and emergency response capability. d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements? How? Yes. Future development of the project site will require site plan review and compliance with the standards in the City’s Unified Development Code ensuring adequate provisions of transportation, water, sewage, schools, parks and other public requirements. As stated 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 the needed infrastructure and services. If it is determined during the site planning process that additional improvements are needed to adequately serve the project, those improvements would be required to be constructed and/or pay impact fees, assessments, taxes to ensure adequate transportation, water, sewage, schools, and parks for these sites. Public infrastructure to serve the future development will be determined during the site planning process and City review. It is anticipated that these lots will have access to utilities located in North 8th Avenue. there is a 6” vitrified clay sewer pipe in North 8th that may have to be upgraded with any future development, but that will be further evaluated during the site planning process. e. Will the new zoning provide reasonable provision of adequate light and air? How? Yes. The subject properties are within City limits and subject to the Unified Development Code, which has provisions for setbacks, lot coverage, height, and open space to specifically address concerns about access to adequate light and air. Future development of the project site will also be subject to the provisions of the Building Codes adopted under Chapter 10 of the municipal code These adopted codes ensure adequate light and air including park and recreation requirements, maximum building heights, on-site open space requirements, lot coverage and setback requirements. f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How? Yes. Additional development permitted within the R-5 zoning district is likely to result in increased trips along North 8th Avenue and West lamme Street. Future development of the property will be required to comply with transportation-related standards and be examined for impacts on surrounding streets, intersection, and sidewalks. Any future development will likely require a Traffic Impact Study to gauge the potential impacts of future development. Any potential impacts as an outcome of that study will be mitigated for as apart of the site planning process. The applicant acknowledges that any future development may require the property owners to waive their right to protest the creation of a future Special Improvement District (SID) and participate in funding nearby future infrastructure improvements that may be required to offset impact created by development. g. Does the new zoning promote compatible urban growth? How? Yes. This property is directly adjacent to North 7th TIF district boundary line, an area that the City is actively incentivizing urban mixed-use development. Furthermore, to the south and east of these lots are lots zoned B-2M, which are also areas identified as allowing mixed use development. The R-5 zoning will promote compatible urban infill development that compliments the adjacent mixed used areas as well as act as a transition into the more residential neighborhood to the west. These properties are designated as Urban Neighborhood on the Bozeman Community Plan Future Land Use Map. The R-5 zoning district is listed as one of the compatible zones under the Urban Neighborhood designation. The growth policy supports development that provides a range of housing options to meet the needs of residents. The growing demand for housing suggests the proposed R-5 zoning district is appropriate to facilitate higher densities and variety in housing options in proximity to commercial areas. Future development on the project site must conform to the City’s zoning standards, such as setbacks, building heights, and parking requirements, to ensure compatibility of uses. The UDC defines compatible urban growth, which does not require uniformity in order to insure compatibility. Furthermore, the city’s zoning ordinance defines the uses and development standard associated for proposed development under the auspices of each zoning. The proposed R-5 District includes a range of uses that are appropriate and compatible with the surrounding neighborhoods. h. Does the new zoning promote the character of the district? How? Yes. 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. The character of the district as the intent of the R-5 Zoning District is to: “The intent of the R-5 residential mixed-use high-density district is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. These purposes are accomplished by: • Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. • Allowing offices and small-scale retail and restaurants as secondary uses provided special standards are met. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services.” One of the main themes for the community plan is that a city is bolstered by is downtown and complementary districts. It was also identified in the phase 2 analysis and visioning for the Community Plan that this area should be investigated for a primary location of taller buildings, emphasized for affordable housing and density requirements should be enforced. The community plan sets the direction of what the character of a district is intended to be and, in this case, says that higher intensity development is needed surrounding the mid-town district. R-5 is the best zoning district for achieving these goals of the community plan. The site is in proximity to residential, and commercial zoning district. Neighborhood scale commercial and the variety of housing options possible under the proposed zoned will be compatible with the existing and planned nature of this area. For this review the zone map amendment proposed the uses allowed in R-5 aren’t significantly different than those currently allowed, and therefore it is hard to foresee significant and negative impact on community character. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Yes. The proposed R-5 zoning district would be adjacent to both a B-2M & R-4 zoning district making the suitability quite large. All three of the zoning districts offer opportunities for similar residential uses, with the B-2M being slightly more intense than the proposed R-5 district. All three districts provide for high density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community residents. j. Was the new zoning adopted with a view of conserving the values of buildings? How? Yes. There are three single household dwelling all with associated accessory buildings located on these parcels. R-5 zoning allows for more diverse development on the subject parcel. One can argue that the value of these parcels and the ones is the nearby vicinity will increase due to the diverse array of development allowed in the R-5 zoning district. It is unlikely that any property values will be negatively impacted by rezoning these parcels. k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? How? Yes. As stated above, the Community Plan illustrates the most appropriate uses of land through the future land use map. The future land use map category in this case identifies these parcels as urban neighborhood as the most appropriate type of development for this property. The R-5 zoning district in this location will act as a transition zone between B-2M mixed use commercial areas and the adjacent R- 4 zoned parcels to the west. There is a growing demand for housing in the city, and the proposed zoning designations provide for a variety of housing options to meet this need. The Unified Development Code further contains standards and review procedures that will ensure the land is developed in ways that protect and promote public health, safety, and general welfare, and further ensure appropriate future development of this property. III. Response to Spot Zoning Criteria A. Are the requested zoning designation and potential uses significantly different from the prevailing uses in the area? No, therefore this criterion has been met. There is considerable diversity of uses in the area ranging from dense multi-family, single family homes and commercial uses in this area. Bozeman has deliberately developed a zoning system that includes districts with diverse uses and opportunities. The city has chosen to encourage diverse development and avoid single use concentrations. Furthermore, there are only slight differences between the R-4 and R-5 zoning districts. The uses largely remain the same from the adjacent R-4 to R-5. R-5 offers a diverse array of possible land uses, and those envisioned for this site will enhance the character of the area and contribute to the sense of place for the neighborhood. R-5 zoning, and the potential uses are therefore not significantly different from the prevailing zones and uses in proximity. 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? This criterion has been met. This zone change, while may be relatively small in size it is for three parcels with two unique owners this change will conceivably be a benefit to both the surrounding neighborhood as a whole. This change will create a transition zone between the adjacent B-2M zoning districts and the parcels located in the North 7th TIF district. This proximity of this site to supporting residential development and other commercial areas will generally be conducive to simultaneous emergence of residential and commercial activities supported by the Community Plan, Specifically, Goal N.2 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? This criterion has been met. This ZMA does not represent special legislation designed to benefit the landowner at the expense of the adjacent property owners. The proposed zoning allows similar uses at similar scales as that of the adjacent properties, and therefore it is difficult to foresee this proposed change to R-5, respectively, will negatively impacting the surrounding landowners. Additionally, the proposed zone change is compatible with City policies and state statute governing the approval of such requests. Compact infill will be the result of redevelopment, and the requested zoning thus proposes thoughtful future development opportunities that will meet the needs of the neighborhood and the community, not negatively impact surrounding landowners.