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HomeMy WebLinkAbout22366 Staff ReportPage 1 of 23 22366, Staff Report for the North 8th Zone Map Amendment Public Hearing Date(s): Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on March 6, 2023 at 6:00 pm. City Commission public hearing will be held on April 4, 2023 at 6:00 pm. Project Description: The North 8th zone map amendment requesting amendment of the City Zoning Map to change the zoning on 0.4828 acres from R-4 (High Density Residential District) to R-5 (Residential Mixed-Use High Density District). Located on the southwest corner of North 8th Avenue and West Lamme Street. Project Location: The property is generally located on the southwest corner of North 8th Avenue and West Lamme Street and more particularly described as Lots 1, 2, 3, 4, 5 and 6, Block 7, Springbrook Addition to Bozeman, [Plat B-24], located in the Northeast Quarter of Section 12, Township 2 South (T2S), Range 5 East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Meet standards for approval Recommended Community Development Board 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 22366 and move to recommend approval of the North 8th Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22366 and move to approve the North 8th Zone Map subject to contingencies required to complete the application processing. Report Date: March 7, 2023 Staff Contact: Tom Rogers, Senior Planner Lance Lehigh, City Engineer Agenda Item Type: Action – Legislative EXECUTIVE SUMMARY Unresolved Issues None identified at this time. 22366 Staff Report for the North 8th Zone Map Amendment Page 2 of 23 Project Summary The owner, Dark Horse Properties, LLC, and applicant, Intrinsik Architecture, submitted an application to rezone three parcels totaling 0.4828 acres from R-4 to R-5. The properties currently host a variety of residential and accessory structures with alley access. Future development plans were not submitted, or required, with the application. However, based on the applicant narrative it appears future development will be residential with the possibility utilization of the affordable housing incentives. The property is within the Neighborhood Conservation Overlay District (NCOD) but is not within a designated historic district and directly adjacent to the Midtown Urban Renewal District but not within the boundaries of the district. The primary differences between the R-4 and R-5 districts are in permitted uses and dimensional standards. R-5 allows limited restaurant and retail uses and requires less land area per residential unit, allows 10 more feet of height or five stories, smaller setbacks, less parking, and no restrictions on lot coverage. Application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=270076&dbid=0&repo=bozeman An application in association with the 2018 code update proposed modifying the zoning on numerous properties adjacent to Lamme Street from R-4 to R-5, Application 15320. The application included the properties associated with this application. All properties on the south side of Lamme Street from North 8th west to North 11th were included with this application. The review of the application was analyzed under the previous Bozeman Community Plan. The Commission heard considerable public comment. On June 27, 2016 the Commission voted to deny the application on a 2:3 vote. Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on March 6, 2023 and voted 5:2 recommend the requested zoning to the City Commission. In general the Board found that the application to be promotive of the Community Plan, provide a buffer to the B-2M zones, and noted the location to support greater density and a mix of uses. On the other, the dissenters focused on neighborhood character and the existing built environment and that R-4 may provide the needed residential without https://bozeman.granicus.com/player/clip/1973?view_id=1&redirect=true&h=d685770ddb59 9801b53e7b52769d7dca 22366 Staff Report for the North 8th Zone Map Amendment Page 3 of 23 Alternatives 1. Approve the application with contingencies as presented; 2. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 3. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 22366 Staff Report for the North 8th Zone Map Amendment Page 4 of 23 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Community Development Board (Zoning Commission) Summary ................................... 2 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 5 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 8 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 9 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 9 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 20 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 20 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 21 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 21 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 23 FISCAL EFFECTS ................................................................................................................. 23 ATTACHMENTS ................................................................................................................... 23 Page 5 of 23 SECTION 1 - MAP SERIES Figure 1: Vicinity Map 22366 Staff Report for the North 8th Zone Map Amendment Page 6 of 23 Figure 2: Future Land Use Map R-4 Zone R-2 Zone Community Commercial Mixed Designation Urban Neighborhood Designation Public Institutions 22366 Staff Report for the North 8th Zone Map Amendment Page 7 of 23 Figure 3: Current Zoning Map B-2M Zoning R-4 Zoning PLI Zoning Page 8 of 23 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. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish the amended municipal zoning designation of R-5 shall be identified as the “North 8th Zone Map Amendment”. 2. The applicant must submit a zone amendment map, titled “North 8th Zone Map Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 3. 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 Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Development Review Committee (DRC) considered the amendment on December 28, 2022. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this zone map amendment on March 6, 2023. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The City Commission will hold a public meeting on the zone map amendment on April 4, 2023. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. 22366 Staff Report for the North 8th Zone Map Amendment Page 9 of 23 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan 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 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 mitigate negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. 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.” 22366 Staff Report for the North 8th Zone Map Amendment Page 10 of 23 “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 is within the urban area in the City’s adopted land use plan. As shown on the maps in Section 1, the property is designated as Urban Neighborhood. The subject property is surrounded by other Urban Neighborhood designated properties. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. 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.” 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 R-5 district is an implementing district of the Urban Neighborhood category. 22366 Staff Report for the North 8th Zone Map Amendment Page 11 of 23 The Applicant narrative makes a strong case in support of the requested zone change. Although a number of the arguments are spurious Staff generally concurs with these findings. The Argument chapter covers many of the review criteria detailing the Location & Transportation, Residential Focused Mixed-Use, and Form & Intensity Considerations. In addition, the applicant provided specific comment on the State required review criteria. 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. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The Community Plan includes several goals and objectives that are broadly served through this application in addition of the analysis provided by the applicant, including: The R-5 zoning district is promotive of the City’s desire for higher density, urban-scale development with a diverse mixture of possible uses. The R-5 district can help to absorb a portion of the growth that is projected for the City and allows limited commercial activity to support that residential activity. Supported goals include the following: “Goal N-3: Promote a diverse supply of quality housing units.” The R-5 district allows construction of the full range of residential buildings in the City. This supports the opportunity for diversity of supply. Quality of housing cannot be assessed at this time but will be reviewed with subsequent development review for compliance with adopted standards. The City’s Community Housing Needs Assessment documented a shortage of housing within the City and encourages additional housing construction. “Goal DCD-1: Support urban development within the City.” The proposed zoning is the City’s most intense residential zoning district. Minimum densities are higher and parking requirements are less. Any future development will be required to occur at urban densities and will be within the City. 22366 Staff Report for the North 8th Zone Map Amendment Page 12 of 23 “DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses.” The subject property is near two primary commercial areas of the City; downtown and north seventh. In addition, Mendenhall is a designated Minor Arterial street and N 7th is a Principal Arterial according to the Bozeman Area Transportation Plan, 2017 Update. Direct access to 11th Avenue, a Collector street, to the west provides additional access to the property. Staff finds a neutral finding for Goal N-1: Support well-planned, walkable neighborhoods and specifically, objective N-1.1 Promote housing diversity, including missing middle housing. The R-5 district is designed to support apartments through higher minimum densities although it does allow for a wide range of housing types. However, the design standards associated with R-5 will significantly evolve the character of the street. Currently, the street face is comprised with detached single story residential structures. The existing development in the area is below the permitted intensity allowed by the R-4 district. The more permissible standards of the R-5 district will encourage less housing variety and increase the bulk and mass of future buildings through the increased minimum density, reduced parking, and lot coverage standards. This theme is co-listed with Goal N-3: Promote a diverse supply of quality housing units and objective N-3.8 that is intended to 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 subject property and adjacent R-4 zoned properties do not maximize permitted intensity. As noted above, nearly all residential structures are single-story and have a mass and scale representative of single-household homes. The question of character highlights a central theme. Would R-4 or R-5 zoning promote the unique character of the district more appropriately? The R-5 zone encourages larger development and more density through decreased lot coverage, less parking, more height, allows commercial uses, and an increase in minimum density. On the other hand, if fully developed, the R-4 zone allows considerably more mass and bulk than currently constructed. The Bozeman Community Plan 2020, Chapter 5, page 72, includes a discussion of what justifications support a change in zoning. This application addresses two of those justifications. First, a change in correlation between zoning and growth policy, and second, the owner requests the change and can meet required standards. This report determines the required standards can be met. No material conflicts with the growth policy have been identified. Considering this analysis as a whole, staff finds this criterion is met and the application is in accordance with the growth policy. B. Secure safety from fire and other dangers. Criterion met. The subject property is currently served by City of Bozeman Fire and Police Departments. The property is developed with residential structures and associated accessory buildings. Future development of the property will be required to conform to all City of 22366 Staff Report for the North 8th Zone Map Amendment Page 13 of 23 Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The change from R-4 to R-5 is not likely to adversely impact safety from fire and other dangers. C. Promote public health, public safety, and general welfare. Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 4, Criterion A, shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. 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. Water service lines surrounds the property. An existing sewer service is adjacent to the properties to the east. The proposed amendment will enable more intensive development than the zoning that exists now. The new zoning also provides for a range of uses and possible intensity of development. It is difficult to state definitively what level of services are required by the zoning. 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 and conformance with adopted standards. 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 22366 Staff Report for the North 8th Zone Map Amendment Page 14 of 23 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.” E. Reasonable provision of adequate light and air. Criterion met. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The R-5 district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate 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. Criterion met. The requested change in zoning from R-4 to R-5 will not itself impact the motorized and non-motorized transportation system. The transportation is complete that serves the property. Future land uses and intensity of development are not entirely known. R-5 zoning allows some commercial activity, but due to the size and configuration of the lot significant additional traffic would not be anticipated. However, future development may have to provide a traffic impact statement to identify potential impacts and corrective action. Future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district will have minimal effect on required road improvements, pedestrian or bicycle facilities, or similar compliance with standards. Multiple addresses are involved with this application. Using 119 N 8th as a basis, the Walk Score is 88, a Transit Score of 24, and a Bike Score of 71. According to Walk Score® the walk score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 22366 Staff Report for the North 8th Zone Map Amendment Page 15 of 23 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion met. The future land use map designates the property Urban Neighborhood. The Urban Neighborhood designation correlates with several zoning districts including R-5 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. The properties are within the Midtown Neighborhood Association area. Further, the properties are near but not within the Neighborhood Conservation Overlay District (NCOD). The Neighborhood Conservation Overlay District is an area that was created by the City of Bozeman to recognize the historic core of the Bozeman community. It encompasses Bozeman’s nine National Register of Historic Places historic districts, as well as the many individual National Register listings. Please see Chapter 5 of the Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District for a detailed description of each historic district. Individuals may have widely varying opinions about what constitutes compatibility. Compatible development and Compatible land use are defined in Article 38.700.040 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 22366 Staff Report for the North 8th Zone Map Amendment Page 16 of 23 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.” 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. Both the R-4 and proposed R-5 district are predominantly residential districts. The allowed uses for residential districts are set in 38.310.030. Review of Table 38.310.030.B – Permitted accessory and non-residential uses in residential zoning districts shows the R-5 district is more permissive for retail and restaurant activity although those differences are restricted in size and configuration to retain compatibility with the primarily residential uses in the zoning district. The form and intensity standards for residential districts are in 38.320.030. Comparing R-4 and R-5 reveals more differences than in permitted uses. The R-5 district allows more intensive development. The more intensive development elements allowed in the R-5 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; F. Maintains and enhances property values within Bozeman.” 22366 Staff Report for the North 8th Zone Map Amendment Page 17 of 23 The City Commission has adopted standards to control development impacts and support compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s approach. “What combination of uses under what conditions can work well together? There is a wide range of possible answers for each community to consider. Some communities take a highly prescriptive worst-case view and try to restrain all possible points of perceived conflict. This tends to create a very homogenous community with little interest or scope for creativity. Bozeman takes a different approach. The worst case scenario is recognized as unlikely, but possible. Development standards deal with the majority of cases, while restraining extraordinary problems. The City creates standards under items 1 through 3; when one district is adjacent to another and is consistent with the growth policy, any physical conflicts will be minimal, if present at all. The City’s zoning policy encourages continued development of mixed uses. … The City uses the broad scope of its development standards to enable differing uses to be successful near each other. This shows on the zoning map where districts providing a wide diversity of uses are intermixed.” Staff concludes that although the R-5 is not dissimilar to the surrounding zoning and is compatible growth and comports with the BCP 2020. See also discussion for Criteria A & H. H. Character of the district. Criterion met. 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. 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. This is especially true when applying zoning to undeveloped areas as any new construction will alter the physical characteristics of the area. 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 22366 Staff Report for the North 8th Zone Map Amendment Page 18 of 23 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 area that surround the subject properties are in a unique position for future change. For all intents and purpose it is surrounded by significant transportation corridors and adjacent to large swaths of B-2M zoning, one to of the City’s most intensive districts. Additionally, directly across the street to the east is the boundary of the Midtown Urban Renewal District (MURD). The MURD goal is to: 1. Promote Economic Development 2. Improve Multi-Modal Transportation 3. Improve, Maintain and Support Innovation in Infrastructure 4. Promote Unified, Human Scale Urban Design Goal 5. Support Compatible Urban Density Mixed Land Uses Further, as noted above, the existing development is one of the City’s least congruent with respect to permissible intensity. The City generally analyses compatible growth by the form and intensity standards allowed by the existing zoning of the area, in this case R-4. The R-4 zoning for this area was adopted in 1991 by Ordinance No. 1332 based on the 1990 Bozeman Area Master Plan. 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 the proposed R-5 district to be compatible with adjacent development’s residential and mixed-use characteristics and uphold the unique character of the area. The intent of the R-4 and R-5 districts are similar with the difference focused on the secondary purpose. While the R-4 district focuses on associated service functions, R-5 relies on residentially supportive commercial uses, emphasis added. Both 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's residents. Permitted intensity and density are greater in the R-5 zone that the R-4 district. Considering the location and proximity to significant commercial, entertainment, employment opportunities, and transportation system to support intensification the change from R-4 to R-5 is considered in character with the district. I. Peculiar suitability for particular uses. Criterion met. Future uses for construction on the site are not finalized at this time, so the suitability of the site for particular uses is not easily evaluated. However, considering the 22366 Staff Report for the North 8th Zone Map Amendment Page 19 of 23 context of the site with the statements of intent in the applicant submittal further development will occur and will likely be residential. As shown in Figure 4, the property is bounded by B-2M zoning on the east and south, R-4 to the west and north. The proposed R-5 district supports a greater variety uses that R-4. Final determination of suitability will occur during the site development process. The intent of the R-4 and R-5 districts are similar with the difference focused on the secondary purpose. While the R-4 district focuses on associated service functions, R-5 relies on residentially supportive commercial uses, emphasis added. Both 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's residents. Therefore, this criterion is met. J. Conserving the value of buildings. Neutral. The site has an existing two-household residential building with associated accessory structure. R-5 zoning allows for more diverse development on the subject parcel. There is no known data that suggests intensification adjacent to inholding properties diminished the value of adjacent property or buildings, however, a perception of decreased value is often referenced. Based on available evidence it appears that further intensification in increases the value of property and buildings adjacent to those properties that experience development or redevelopment. The values of some buildings may improve in the future as new and improved amenities are provided to the area as the site is developed according to the proposed R-5 district, while other buildings’ values are unlikely to be impacted largely due to a robust real estate market and lack of unmitigated offensive uses allowed by the proposed zoning district. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the land through the future land use map. This application generally complies with the BCP 2020 by proposing zone map amendments of districts that continue to implement the future land use map designations. In this case, urban neighborhood development has been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections and review processes to ensure the land is developed in ways that are appropriate to a site’s context and according to the BCP 2020. Similarly, as stated by the applicant, “…, 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.” 22366 Staff Report for the North 8th Zone Map Amendment Page 20 of 23 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. 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 and legal description of the property), 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 Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The owner, Dark Horse Properties, LLC, and applicant, Intrinsik Architecture, submitted an application to rezone three parcels totaling 0.4828 acres from R-4 to R-5. The properties currently host a variety of residential and accessory structures with alley access. Future development plans were not submitted, or required, with the application. However, based on the applicant narrative it appears future development will be residential with the possibility utilization of the affordable housing incentives. The property is within the Neighborhood Conservation Overlay District (NCOD) but is not within a designated historic district and directly adjacent to the Midtown Urban Renewal District but not within the boundaries. The primary differences between the R-4 and R-5 districts are in permitted uses and dimensional standards. R-5 allows limited restaurant and retail uses and requires less land area 22366 Staff Report for the North 8th Zone Map Amendment Page 21 of 23 per residential unit, allows 10 more feet of height or five stories, smaller setbacks, less parking, and no restrictions on lot coverage. Application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=270076&dbid=0&repo=bozeman An application in association with the 2018 code update proposed modifying the zoning on numerous properties adjacent to Lamme Street from R-4 to R-5, Application 15320. The application included the properties associated with this application. All properties on the south side of Lamme Street from North 8th west to North 11th were included with this application. The review of the application was analyzed under the previous Bozeman Community Plan. The Commission heard considerable public comment. On June 27, 2016 the Commission voted to deny the application on a 2:3 vote. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US first class mail to all owners of property located inside the site and within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on February 19 and 26, 2023. The Community Development Board hearing is scheduled for March 6, 2023. The City Commission public hearing is scheduled for April 4, 2023. As of the production of this report no public comment has been received. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property has a future land use designation of: Urban Neighborhood. 22366 Staff Report for the North 8th Zone Map Amendment Page 22 of 23 The Urban Neighborhood category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home- based occupations, fire stations, churches, schools, and some neighborhood- serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. 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. Proposed Zoning Designation and Land Uses: The applicant has requested R-5 (Residential Mixed-Use High Density). The R-5 district provides for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in compact, walkable areas to serve the needs of the community’s residents. Single and multi-household dwellings are allowed, along with offices and small-scale retail and restaurants as secondary uses. This district is appropriate for areas adjacent to mixed-use districts and/or served by transit. 22366 Staff Report for the North 8th Zone Map Amendment Page 23 of 23 A full list of permitted use can be view in tables 38.310.030.A and B. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Dark Horse Properties, LLC, 8652 South 19th Avenue, Bozeman, MT 59715 Applicant: Intrinsik Architecture, LLC, 106 E Babcock, Suite 1A, Bozeman, MT 59715 Representative: Dark Horse Properties, LLC, 8652 South 19th Avenue, Bozeman, MT 59715 Report By: Tom Rogers, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=270076&dbid=0&repo=BOZEMAN