HomeMy WebLinkAbout001 - ZMA Narrative South Range Crossing II
Zone Map Amendment
April 2024
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Table of Contents
Narrative
I. Project Overview
II. Response to Annexation Goals, Policies & Approval Criteria
III. Response to Zone Map Amendment Approval Criteria
IV. Response to Spot Zoning Criteria
Appendices
Appendix A: Vicinity Map
Appendix B: Existing Future Land Use Map
Appendix C: Proposed Future Land Use Map
Appendix D: Current Zoning Map
Appendix E: Proposed Zoning Map
Appendix F: Future Land Use Map Editable Legal Description
Appendix G: Exising Plat
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1. Project Team
Owner & Applicant:
Providence Development Company, LLC
Attn: Parker Lange
529 East Main Street
Bozeman, MT 59715
Ph: 406-595-4560
Email: plange@providencedevco.com
Representative:
Intrinsik Architecture, Inc
Attn: Tyler Steinway
106 East Babcock Street, Suite 1A
Bozeman, MT 59715
Ph: 406-582-8988
Email: tsteinway@intrinsikarchitecture.com
Engineering:
Morrison – Maierle
Attn: Matt Ekstrom
2880 Technology Blvd W
Bozeman, MT 59718
Ph: 406-922-6784
Email: mekstrom@m-m.net
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Project Narrative
Executive summary
The project team is submitting an application for a Zone Map Amendment for the 18.393 Acres of land,
in conjunction with a Growth Policy Amendment, located at the corner of S 19th Ave. and W Graf St. This
land is currently zoned a combination of Residential Low Density (R-1) and Residential Moderate Density
(R-2) and is currently designated by the Community Plan to be Urban Neighborhood. The Growth Policy
Amendment submitted with this application requests to change a portion of the property (south half of
ZMA area) from the Urban Neighborhood to Community Commercial Mixed Use. The other portion of
the property will remain as Urban Neighborhood.
Project description
The applicant is requesting Zone Map Amendment (ZMA) to rezone this land a combination of
Community Business District Mixed (B-2M) and Residential Emphasis Mixed-Use (REMU). In conjunction
with this ZMA application, a Growth Policy Amendment (GPA) is also being submitted. The Community
Plan’s Future Land Use Map currently designates the entire subject property as Urban Neighborhood.
The GPA is requesting that a portion of the subject property be designated as Community Commercial
Mixed Use to allow the future B-2M portion of this property to align with the Community Plan.
The site is defined by South 19th Avenue (Principal Arterial) to the west and Graf Street (Collector) to the
South. Adjacent to the property (eastern boundary) is undeveloped land where zoning is proposed to be
changed from R-1 to a combination of R-2. To the north, west, east, and south of this site are proposed
projects. It is within close proximity to other residential communities including Grand Cielo, Homestead
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at Buffalo Run, Meadow Creek, Southbridge, Alder Creek, South Range Crossing, Alison Subdivision,
South University District, Blackwood Groves and other parcels in various stages of development. It is
also near several schools including Morning Star Elementary, Sacajawea Middle School and Montana
State University.
The Bozeman Community Plan Urban Neighborhood designation calls for a variety of residential uses in
the form of various types, shapes, sizes and intensities. In addition to this, large areas of single type of
housing are discouraged. When analyzing the relevant factors, including these guiding principles, the
goals of the proposed ZMA, and the surrounding context of the site, the proposed B-2M and REMU
zoning designation stands out as a logical choice. Succinctly, the GPA’s request for partial redesignation
to Community Commercial Mixed Use seeks to solve deficiencies in the 2020 Community Plan. These
deficiencies and solutions are detailed in the GPA Narrative.
The intent of the B-2M zoning designation is to allow a portion of the site to function as a vibrant mixed-
use district that accommodates the substantial growth in this area and enhances the character of the
city. This zoning district allows a range of neighborhood commercial uses that serve both the immediate
area and the broader community and encourages the integration of multi-household residential as a
secondary use. The intent of the REMU zoning designation is to establish areas within Bozeman that are
mixed-use in character and to provide a variety of options for housing, employment, retail, and
neighborhood service opportunities within a new or existing neighborhoods.
Both the REMU and B-2M zoning designations are necessary to achieve the goals of the development;
especially the goal to provide essential services to nearby neighborhoods and surrounding residents
who currently must rely on driving to get across town from their respective southside neighborhoods to
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access these vital businesses. Allowing supportive commercial uses to be placed in this location will help
reduce the need for trips across town like these by placing necessities in closer proximity to the
residents of the south side. This will help reduce congestion and improve the overall transportation
system by allowing nearby neighborhoods the ability to access essential services without the need for a
car.
When envisioning what commercial and/or mixed-use development would look like on the subject
property, it is important to make note of the various factors that will influence potential designs. There
are several design regulations and existing conditions that will act as guidelines for any design that
moves forward. Understanding these regulations helps to narrow down the possibilities and allows a
more predictable development pattern to emerge. Some significant considerations that would shape the
design of development on the subject site are roads, PRAT trails, parking requirements, building
setbacks, block frontage standards, block length standards, pedestrian connectivity standard, internal
vehicular circulation standards, and parks & open space requirements, among others.
This property was originally annexed and subdivided to be the home to the Yellowstone Theological
Institute. The existing R-1 and R-2 zoning, and subdivision layout was proposed in a way to help promote
their goals of creating a theological institute. Significant time has passed since this original proposal, and
in today’s context with new and proposed development surrounding the site, the R-1 and R-2 zoning are
no longer the highest and best use for this land.
This rezoning request demonstrates a vision for this property is 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. Furthermore, the Community Plan states that large areas of single types of housing
are discouraged. The REMU zoning district allows for a variety of housing options at a variety of
intensities.
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In addition, to the REMU and Urban Neighborhood portion of the property, the proposed B-2M portion
also seeks to serve the goals of the Community Plan. It is understood that a Growth Policy Amendment
is needed prior to B-2M being an implementing zoning district, therefore, a Growth Policy Amendment
has been submitted concurrently with this application. The intent of the B-2M zoning district is to
provide for a broad range of mutually supportive retail and service functions located in clustered areas
bordered on one or more sides by limited access arterial streets. This amendment seeks to achieve the
stated goal to create neighborhoods that “pursue simultaneous emergence of commercial nodes and
residential development through diverse mechanisms in appropriate locations.”
This development pattern is consistent with several goals and objectives of the Community Plan
including:
N-1.1 Promote housing diversity, including missing middle housing.
This request to zone this property REMU & B-2M will allow for the creation of more housing units than
are currently allowed in the R-1 and R-2 zoning districts. The wide range of allowed residential uses
allows for creativity and flexibility when land planning the project site. Additionally, the minimum
density requirements in REMU & B-2M are higher than that of R-1 & R-2, so any proposed project will be
required to provide more housing than is currently required. The hope is that this wide range of
residential uses will allow for the creation of a variety of housing types to be considered, hopefully
lowering the end price point, and creating more missing middle, obtainable housing.
N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing.
With residential use, the current R-1 and R-2 Zoning only allows for single and two-family homes. The
REMU and B-2M zoning would allow for a significant increase in the number of units that could take the
shape of a variety of product types. The REMU zoning allows for every residential land use outside of a
manufactured home community (which is only allowed in RMH). B-2M allows for a range of residential
housing types as well but primarily based in the multifamily realm.
N-1.5 - Encourage neighborhood focal point development with functions, activities, and facilities that can
be sustained over time. Maintain standards for placement of community focal points and services within
new development.
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through
diverse mechanisms in appropriate locations.
N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes
early in the development process.
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The subject property, which is the former Yellowstone Theological Institute site is centrally located on
the south side which will create a focal point and potential node along the south side of Bozeman. This
area has a significant amount of residential both planned/under construction and already built. By quick
estimations there are over 6 thousand units that are either already built or currently in the planning
stage. According to the EPS Demographic and Real Estate market Assessment of January 2018 a
population size of 6,500 could support 128,000 square feet of commercial area. This site is the best
location for the creation of this neighborhood commercial center and B-2M and REMU are the best
zoning designations to help promote this supporting commercial component. This is because of the
site’s proximity to dense multi-family housing and single household dwellings. Furthermore, it is situated
along a Principal Arterial and Collector, which provides appropriate separation between commercial and
residential uses. This positioning also allows for ease of access to the site from adjacent neighborhoods
and all South Bozeman.
N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and
transportation.
This project site is in close proximity to several schools including Morning Star Elementary, Sacajawea
Middle School and Montana State University. Additionally, this site is located at the intersection of two
high classification roadways. Finally, the multimodal transportation network in this area is rapidly
expanding and will be further expanded by any future development. This project site is in the perfect
location for creating a commercial hub on the south side of Bozeman.
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 develop.
There is a significant amount of residential in the area and now is the right time for commercial
development to follow. This site is in the best location to achieve this given its access to the existing
street network, its central location within this largely residential area, and access to the existing
multimodal network.
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 REMU district allows for the construction of a full range of residential buildings. The B-2M district
also allows for a wide range of multi-family residential buildings. This supports this goal by allowing the
opportunity for diversity of supply. Quality of housing will be assessed and assured during subsequent
development review for compliance with both the UDC and the adopted buildings codes. Furthermore,
the surrounding area shows the diverse nature of building products in the area.
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 REMU and B-2M zoning is in alignment with the goal of promoting the development of
“missing middle” housing by allowing higher densities and a more diverse array of housing types than
what is currently allowed in the R-1 and R-2 zoning districts. Multi-household dwellings, such as
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apartments, two- and three-household dwellings and townhouses/rowhouses, are permitted uses
within the proposed zoning districts. Allowing these extra housing types will allow for the ability to
create smaller units which could contribute to meeting this missing middle demand.
Goal DCD-2.2: Support higher density development along main corridors and at high visibility street
corners to accommodate population growth and support businesses.
South 19th Street is shown in the transportation plan to be a principal arterial, which is the most
intensive category of streets. South 19th Street spans almost the entire length of the City of Bozeman,
connecting the northern, southern, and central areas of the City while running through the geographic
center of the City. This road is a main corridor through town and therefore, placing B-2M along it meets
this community plan goal. Additionally, Graf Street is a collector street which is also planned to carry a
large percentage of traffic. These two major thoroughfares make the subject site the perfect location for
commercial and high density residential uses.
DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development.
This site being both centralized within the south side and being along two major roadways make it the
best location for neighborhood-scale commercial development. The B-2M and REMU are the best zoning
districts to help promote the development of this neighborhood commercial.
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.
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 this site. 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. Any future development on this site will require the extension of city
services including road, water and sewer. These expansions will help promote health, safety and
welfare.
d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools,
parks and other public requirements? How?
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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.
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 motorized and non-motorized transportation systems? How?
Yes. Additional development permitted within the REMU and B-2M zoning districts is likely to result in
increased trips along South 19th Avenue and W Graf Street. This property is uniquely situated in that it is
already served by two high classification roadways. 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 a part 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. This site does have a planned PRAT Trail
running through the property. This trail will be established through any future site planning/subdivision
applications.
g. Does the new zoning promote compatible urban growth? How?
Yes. The Future Land Use Map included in the Bozeman Community Plan establishes the preferred and
compatible development pattern. The categorizations and descriptions act as a guide for what is
considered compatible and appropriate. Thorough research and planning have gone into the creation of
these map categories to ensure the long-term visions and goals of promoting sustainability, safety and a
high quality of life.
This property is designated as Urban Neighborhood on the Future Land Use Map. The REMU zoning
district is listed as one of the compatible zones under this designation. In addition to this, the proposed
GPA to redesignate a portion of the property to Community Commercial Mixed Use would allow for the
zoning of the proposed B-2M component. 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 REMU and B-2M zoning districts are appropriate to facilitate higher densities and variety in
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housing options in proximity to commercial areas. Furthermore, the proximity to high classification
roadways and being centrally located makes this an idea location for a mixed-use development. 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 to 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 REMU and B-2M Districts
include 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. The Montana Code Annotated states, “…legislative body may divide the municipality into districts
of the number, shape, and area as are considered best suited to carry out the purposes [promotion of
general health, and life safety of the community] of this part.”
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. It appears that this criterion was implemented more for Zone Text Amendments. It is
vital when changing the text in the code to evaluate how the proposed changes may alter the character
of the district but in this case the request is to rezone the property. The character of the district as the
intent of the REMU Zoning District is to:
“…the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide
options for a variety of housing, employment, retail and neighborhood service opportunities within a
new or existing neighborhood. These purposes are accomplished by:
• Emphasizing residential as the primary use, including single household dwellings, two to four
household dwellings, townhouses, and apartments.
• Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting
residential.
• Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood
setting.
• Providing standards and guidelines that emphasize a sense of place:
• Providing standards and guidelines that emphasize natural amenities:
• Providing standards and guidelines that emphasize the development of centers:
• Promoting the integration of action:
• Providing standards and guidelines that promote sustainable design:
Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an
existing or planned residential area to help sustain commercial uses within walking distance and a wider
range of housing types.”
The character of the district as the intent of the B-2M Zoning District is to:
“…The intent of the B-2M community business district-mixed is to function as a vibrant mixed-use
district that accommodates substantial growth and enhances the character of the city. This district
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provides for a range of commercial uses that serve both the immediate area and the broader trade area
and encourages the integration of multi-household residential as a secondary use. Design standards
emphasizing pedestrian-oriented design are important elements of this district. Use of this zone is
appropriate for arterial corridors, commercial nodes and/or areas served by transit.”
i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
Yes. The proposed REMU and B-2M zoning districts are directly adjacent to existing REMU zoned lots to
both the north and south making the suitability quite large. Additionally, there are several other parcels
in the general vicinity zoned either R-3, or R-4. The allowed uses in these zoning districts are largely the
same. This creates a condition with large areas of residential uses, without any supporting commercial
uses nearby. Allowing the development of commercial in this area would alleviate vehicular traffic on
local roadways by providing residents of this area with walkable community assets.
j. Was the new zoning adopted with a view of conserving the values of buildings? How?
Yes. The proposed amendment does not modify the existing standards of the REMU and B-2M districts.
Therefore, the impact of the amendment should be evaluated to the extent of this subject property
rather than other areas zoned R-1 and R-2. The subject property does not currently have any existing
structures located within its boundaries. REMU and B-2M zoning allows for diverse development on the
subject parcel but will have no negative effect on the community character within the amendment
boundary.
Any new structures will be required to meet the requirements of the Bozeman Unified Development
Code which has standards in place to regulate things like setbacks, height, and lot coverage. Compliance
with these standards will alleviate any potential negative impacts to the values of anyone property in
the vicinity.
k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional
area? How?
Yes. As stated above, this property has been planned for urban residential uses for many years. 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 REMU zoning district in this case will match the
zoning of the property directly to the north.
There is a growing demand for housing in the city, and while proposed zoning designations allow for a
variety of housing options to meet this need, the GPA will also address the need for the development of
commercial uses to support these residential uses. The B-2M zoning district will allow for more focused
and significant commercial development to serve both the future residents of this property, and the
surrounding communities as well. The need for essential commercial uses is ever present on the south
side of Bozeman and this central location will allow visitors to frequent the site from any mode of
transportation.
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.
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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. The REMU zoning adjacent to the site as well as the other
residential zones in the areas allow for a range of both residential and commercial in the vicinity of this
site. These prevailing uses are not substantially different. 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, a portion of the property is
directly adjacent to the zoning district it is requesting. REMU and B-2M zoning, and the potential uses
are 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 zone change is for a 18.393-acre site and conceivably will benefit the surrounding neighborhood as
a whole. The REMU and B-2M districts are implementing zoning districts for the Urban Neighborhood
and Community Commercial land use categories. Furthermore, the proposed zoning of REMU and B-2M
allows for a range of uses to occur on the project site as well as for the emergence of a commercial node
to happen. This commercial node will conceivably benefit the entire southside of Bozeman.
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?
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This ZMA does not represent special legislation designed to benefit the landowner at the expense of the
adjacent property owners. The proposed zoning is partially the same zoning as the adjacent properties,
and therefore it is difficult to foresee this proposed zoning, respectively, will negatively impact the
surrounding landowners.
The proposed B-2M portion of this ZMA is intended to allow for commercial uses which will support the
surrounding residential uses by reducing car dependency for said residents by providing commercial
resources within close proximity to their homes.
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.