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Home My WebLink About017 Haggerty denial Page 1 of 40 22189, Staff Report.for the Haggerty Lane Zone Map Amendment Public Hearing Date(s): Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on October 3, 2022 at 6:00 pm. City Commission public hearing will be held on October 25, 2022 at 6:00 pm. Project Description: The Haggerty Lane zone map amendment requesting amendment of the City Zoning Map on approximately 0.55 acres and the accompanying adjacent right-of way from B-2 (Community Business District) to B-2M (Community Business District-Mixed). Project Location: The property is addressed as 219 Haggerty Lane and more thoroughly described as Lot 2A1 of the corrected plat of the amended subdivision plat of Minor Subdivision 16-b, located in the Southwest One-Quarter (SW %4) of Section 8, Township Two South (T2S), Range Six East (R6E) of P.M.M., Gallatin County, Montana. Recommendation: Does not meet standards for approval Community Development Board MoNon: 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 22189 and move to recommend approval of the Haggerty Lane Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22189 and move to deny the Haggerty Lane Zone Map Amendment. Report Date: October 14, 2022 Staff Contact: Tom Rogers, Senior Planner Lance Lehigh, City Engineer Agenda Item Type: Action— Legislative 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 2 of 40 EXECUTIVE SUMMARY Unreso[ved Issues None identified at this time. Project Summary The owner, Haggerty Property Investments, LLC, Box 850, Bozeman, MT 59718 submitted application to rezone a property totaling 0.55 acres, including adjacent right-of-way, from B- 2 to B-2M. The property is currently vacant. No future development plans were submitted or required with the application. Under the proposed use item in the application it states the proposed use will be"mixed." Haggerty Lane is a designated Minor Arterial according to the Bozeman Area Master Transportation Plan, 2017 Update. East Main Street is a designated Principal Arterial according to the Bozeman Area Master Transportation Plan, 2017 Update and is a designated National Highway(non-interstate)by Montana Department of Transportation.The intersection of Haggerty Lane and East Main Street currently operates below a level "C" in function, see Section 1 Figure 4 LOS. Pursuant to section 38.400.060 Street Improvement Standards(B) (4) -all arterial and collector streets and intersections within one-half mile of the site must operate at a minimum Level of Service(LOS) C unless specifically exempted by the review authority. The intersection of Haggerty Lane and Main Street is located on a state controlled highway, in which the Montana Departrnent of Transportation retains the review authority and approval to access as well as improvements. Currently,the City has the intersection of Haggerty Lane and Main Street in the City's adopted Capital Improvement Program, but is unscheduled in terms of future time. MDT has provided comment on this application. The existing B-2 zoning was established prior to the intersection reaching a state where functional requirements are not met. The primary differences between the B-2 and B-2M districts is development intensity. There is a differences in building height, more permissive residential use, and reduction of parking requirements.Building height in the B-2 district is between 50-60 feet,depending on roof pitch while building height in B-2M is five (5) stories or 60 feet which results in an addition story. Residential use is allowed on the ground floor in without a Conditional Use Permit in the B- 2M zone and may be permitted in the B-2 district with an approved CUP. The CUP option has evolved to the SUP process. Application materials can be viewed on the City's development map at the following link. httns://weblink.bozeman.netlWebLink/Browse aspx�startid=262088 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 3 of 40 Community Development Board(Zoning Commission)Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on October 3, 2022 and voted (8:1) to recommend approval of the requested zone change. The Board discussed a variety of issues including if the recently adopted code changes would allow the development intensity the applicant is requesting, if there is any development potential on the property with the existing intersection deficiencies,and issues related to traffic, intersection level of service and how improvements could be made. In conclusion the Board rejected staffs fmdings of non-compliance, revised the suggested motion to state the Board is recommending approval of the requested zoning change, and voted to recommend approval to the City Commission on an 8:1 vote. The video recording of the public hearing is available at the following link: httns://bozeman.�ranicus com/player/clip/1233�view id=1&redirect=true&h=523343071b14 2cd26dc6fbc6ba94a373 Time Stamp Staff Presentation 1:27:45 Applicant Presentation 2:03:50 Public Comment No public comment Board questions &discussion 2:29:15 Public comment has been received and can be reviewed at the following link. https://weblink.bozeman.net/WebLink/DocView asnx�id=265161&dbid=0&repo=BOZEMAN Alternatives 1. Approve the recommendation not to approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Approve the application based on findings of compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing,with specific direction to staff or the applicant to supply additional information or to address specific items. 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 4 of 40 TABLE OF CONTENTS EXECUTNESiJ1VIMARY......................................................................................................2 UnresolvedIssues ...............................................................................................................2 ProjectSummary.................................................................................................................2 Community Development Board(Zoning Commission) Summary...................................3 Alternatives.........................................................................................................................3 SECTION1 -MAP SERIES .................................................................................................... 5 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10 SECTION 3 -RECOMMENDATION AND FUTURE ACTIONS ...................................... 11 SECTION 4 -ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS........... 11 Section 76-2-304, MCA(Zoning) Criteria....................................................................... 12 PROTEST NOTICE FOR ZONING AMENDMENTS.........................................................25 APPENDIX A-DETAILED PROJECT DESCRIPTION AND BACKGROLJND..............26 APPENDIX B -NOTICING AND PUBLIC COMMENT....................................................27 APPENDIX C -PROJECT GROWTH POLICY AND PROPOSED ZONING ...................27 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 39 FISCALEFFECTS.................................................................................................................40 ATTACHMENTS...................................................................................................................40 Page 5 of 40 SECTION I —MAP SERIES �.:��,:��:_'�..� �. _� �`" "'�' .� '`��__ -:-- • — — - � -! — �p-r�: � �' �'� . � � ��1" ��, _ . . � F , �.�--,(y� -� � �' ,� ' „c �..�` � . ^�Q ...��t _, 'I � �'.f �, � '� ^s � .�• �� ..�j� .� - ,� . .J� •..i� F ' '_ _ ^- �� . �� ` ` tE. ,� rf' A, -� ��'�. 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Mt y. - 1 � R., R-1 � : � . ,_ . =y� - ; , �, ��. ; � -- _ � � ,, , � , _ , �.awr�n ro� � � � i ,r�� y - � -- �..otBoxemm,MfD�or��alCa�m�er<elmYdBcen Figure 2: Current Zoning Map (2021 image) 22189 Sta,f,�'Report for the HaggeMy Lane Zone Map Amendment Page 7 of 40 ,� - _ t-- � Community Urbun Commercial Neighborhood �� , 11�Iiged Use � � � � . �; , i , �, t _- r. , . - I1 , I 474wrM ..r.. - `� i . I � l �I ! u� '� ,�y -_.' ` -- . ' ._— -- C'.ofBoz.vnanlMTDePvtmmtcRCrnunercelCi1vo18om�unMa Figure 3: Future Land Use Designations (2021 image) 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 8 of 40 � --- - ° ° : , ,-- �.� � < < � . '.� ; . I ' � �, � � � _ - � °° , � ---�----=-- - - �. .� r�� , �.� �;,� � � D D � D C LY%I � 'co�� • � �o • � � �� _cc .. .�..� - [,�J3(' � �1 f��.�� T � O D � ' _ _ � 1 _��_j _'p;�.. �� j C � }� � �\� � _ . . {�__ '_.' " _ ' ..CC _.... 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That all documents and exhibits necessary to establish the amended municipal zoning designation of B-2M shall be identified as the "Haggerty Lane Zone Map AmendmenY'. 2. The applicant must submit a zone amendment map, titled "Haggerty Lane 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. Advisory Comments: 1. BMC 38.400.060 Street Improvement Standards (B) (4) - All arterial and collector streets and intersections within one-half mile of the site must operate at a minimum Level of Service(LOS) C unless specifically exempted by the review authority. The applicant is advised that the intersection of Haggerty Lane and Main Street is located within one-half mile of the subject property, which has been determined to operate below a minimum LOS C (Existing LOS is F per the City of Bozeman Transportation Plan April 25,2017. The proposed zoning change would allow the applicant to increase the amount of development density associated with the subject property. An increase in density would directly intensify the number of vehicular and pedestrian trips from the subject property. Moreover, the primary intersection that will be utilized by the subject property to access the greater transportation network will be the intersection of Haggerty Lane and Main Street. The applicant is advised that the City will require a formal traffic impact study(TIS)with future development submittals. The TIS will need to satisfy the requirements outlined within the BMC, which will require the evaluation of the Haggerty Lane & Main Street intersection.The TIS must analyze the associated impacts of future development in relation to the Haggerty&Main intersection well as any mitigation measures necessary to improve the LOS at the intersection. The review authority may approve the development only if the 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 11 of 40 LOS requirements are met in the design year, which must be completed if mitigation measures are required to maintain LOS. The intersection must have a minimum acceptable LOS of C for the intersection as a whole. The applicant is advised that the intersection of Haggerty Lane and Main Street is a state highway, in which the Montana Department of Transportation retains the review authority and approval to intersection improvements and access. Currently, the City has the intersection of Haggerty Lane and Main Street unscheduled for improvement within the City's current Capital Improvement Program. This means that no City funds are expected to be invested in the intersection for at least six years. SECTION 3 -RECOMMENDATIONAND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff does not recommend approval as submitted. The Development Review Committee (DRC) considered the amendment on July 13, 2022. The DRC identified infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on this zone map amendment on October 3, 2022 and forwarded a recommendation to approve the zone map amendment to the City Commission. The meeting was held at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. Members of the public has an opportunity to participate in person and remotely via WebEx. Instructions for joining the WebEx meeting was 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 October 25, 2022. 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. SECTION 4 -ZONE MAP AMENDMENT STAFF ANAL YSIS 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. 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 12 of 40 A zone map amendment must be in accordance with the growth policy(criteria A)and be designed to secure safety from fire and other dangers (criteria B),promote public health,public safety, and general welfare(criteria C),and facilitate the provision of transportation,water,sewerage,schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304,MCA (Zonin� 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." "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 annexed area of the City and where there is anticipated redevelopment within the City as discussed below. As shown on the maps in Section 1,on the excerpt of the current future land use map, the property is designated as Community Commercial Mixed-Use. The Community Commercial Mixed-Use designation description reads: 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 13 of 40 "The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education,health services, offices,public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations,the size and scale is to be smaller within the local service areas.Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employrnent and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre." 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 Correlation with Zoning Table, both B-2 and B-2M districts are implementing district of the Community Commercial Mixed-Use category. 22189 Sta,fjF'Report for the Haggerty Lane Zone Map Amendment Page 14 of 40 '< ,. The zoning distrcts which implement each future land use category are shown in relaUon to each future Iand use category in chart be'ow Fo zoning distr�ct intent.see 38.300 For permitted uses see 38.310. Urban Neighborhood �, �� O� o 0 o Q o0 4 000 a o 0 00 � o00 11 I�I R-S,R-1,R-2,R-3,R-4,R-5.R-O.REMU RMH,B-1 PLI Residentiat Mixed Use � Q�Q � o00 o a o �� °oa°o° R-3,R-4.R-5 R-0,REMU B-1,PLI Community Commercial Mixed Use oo � °Oo°o 4 �� 4 '(�o� °000° LL1.J R-O,REMU B-1 B-2 B-2M,UMU,NEHMU 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 opporlunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within akeady 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 Applicant argues the proposed zone change in accordance with the Growth Policy by arguing, "... one of the central themes of the growth policy is high density residential growth in appropriate areas to maximize e�ciency of new development and quality of life for new residents. The larger height allowance of the B-2Mzoning will allow an additional floor and 13 more units to the proposed development. This increases density efficiently based on the "infill" style of the development and amenity rich location. The proposed project fit well in this location because: • The high-density blends well with an established commercial district while elevating the quality and amount of housing supply. 22189 Sta,fj`'Report for the Haggerty Lane Zone Map Amendment Page 15 of 40 • The location promotes walkability given the proximity to the Streamline bus stop at the Town & Country Grocery(800 ft.),Bozeman Deaconess Hospital(.8 miles), and major employers'downtown (.9 miles). • There are many nearby Amenities and employers within walking distance: Bridger Orthopedic (.6 miles), Bridger Ear Nose & Throat (.7 miles), Bozeman Softball Complex (400ft), and Sunset hills Nordic Trails (.3 miles). • 10+ miles of walking trails can be accessed directly from the back of the property extending to the Triple Tree trail south of town. The proposed zoning change fits neatly within the use description of the Future Land Use Map (FLUM). The FLUMlists this property as Community Commercial Mixed Use which includes B-2M and is described in part as "High Density Housing and Mixed use". The project will significantly increases housing supply nearly doubling the current inventory of one and two bedroom units (see April 2022 Big Sky MLS report). " It should be noted that according to the Tables 38.310.040.A,B,and C there are no differences in uses between the B-2 and the B-2M zoning districts. There are however, important differences between the two districts. The primary differences between these two districts is that B-2M requires less parking for most uses, the ease in which residential uses may be established on the ground floor, and minor increase in building mass through setbacks and building height. The Bozeman Community Plan 2020 focuses on these differences between the B-2 and B-2M as desired outcomes to adapt to the needs of the community. This mix of development at densities appropriate for a growing urban area is therefore grounded on tenets of the Community Plan. Moreover, the B-2M zoning proposed through this application fosters flexibility to address both current market trends and long term land use goals for the subject property. The Community Plan includes several goals and objectives that are broadly served through this application, including: Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after,residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill development,reduce costs, and minimize disruption to the public. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. 22189 Staff'Report for the Haggerty Lane Zone Map Amendment Page 16 of 40 DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing,jobs, and services in close proximity to one another. M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric scooters,powered wheelchairs, etc.)." N-1.11 Enable a gradual and predictable increase in density in developed areas over time. B. Secure safety from fire and other dangers. Criterion not met. The subject property is currently served by City of Bozeman Fire and Police Departrnents. Future development of the property will be required to conform to all City of Bozeman public safety, building, transportation, and land use requirements, which will generally ensures this criterion is met. However, in this case, the known infrastructure deficiencies (see discussion below) render finding that granting increased potential development on this site, and any adjoining properties, is not secure from other dangers contrary to a reasonable doubt. Although the change from B-2 to B-2M is small in uses increased intensity allowed by B-2M will exacerbate the existing infrastructure deficiencies (see discussion below). C. Promote public health, public safety, and general welfare. Criterion not 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 Plan but not necessarily the well-being of the community as a whole. The subject property is not well connected to the City's transportation system and is served by an intersection known not to meet minimum service standards.There are no sidewalks adjacent to the property and while those will be required to be constructed with the future development there are no sidewalks connecting to nearby services and residential development.It is unlikely development on this site would trigger construction of a full street section(Minor Arterial) of Haggerty Lane as required by the Bozeman Transportation Plan due to a reasonable proportionality. 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 17 of 40 The intersection of Haggerty Lane and East Main Street is listed on the Bozeman Capital Improvement Plan (CII'), see SIF144, the improvement is not scheduled and is without funding. In addition, street improvements for Haggerty Lane are listed in the CIP for at least an additional six years. See also Criterion B. D. Facilitate the provision of transportation,water, sewerage, schools,parks and other public requirements. Criterion not met. The BCP 2020,page 74, says the following regarding evaluation of Section 4, Criteria B, C, &D for zoning amendments: "For a map amendment, all three of the above elements are addressed primarily by the City's long range facility Plans, the City's capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site. For example,at the time of annexation,the final intensity of development is unknown and it may be many years before development occurs and the impacts are experienced. The availability of other planning and development review tools must be considered when deciding the degree of assurance needed to apply an initial zoning at annexation." The City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, 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 service to new development. See page 19 of the BCP 2020 for a listing. The City implements these plans through its capital improvements program(CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrashucture. Private development must demonstrate compliance with standards prior to construction. Dedication of school facilities is not required by municipal zoning standards.However, School District 7 will have opportunity to review and comment on future development. The subj ect properties are within the City's land use,transportation,parks,and utility planning areas. Those plans show this property as developing within the City when development is proposed. 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. 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 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 18 of 40 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 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." Water and sewer is available to the site. A 10" sewer line under the property within an easement. The sewer line is part of the Elks Club Property Sanitary Sewer Improvement district. In addition, the Front Street 18" Interceptor is located on the north side of Haggerty Lane. Finally, an 8"water supply adjacent to the property on the south However, the subject property is not well connected to the City's transportation system and is served by an intersection known to not meet minimum service standards. There are no sidewalks adjacent to the property and while those will be required to be constructed with the future development there are no sidewalks connecting to nearby services and residential development. It is unlikely development on this site would trigger construction of a full street section (Minor Arterial) of Haggerty Lane as required by the Bozeman Transportation Plan. Such a large project may be beyond the capacity of such a small site for development. Coordination with other properties required to address the scale of the necessary project and meet standards for development exactions would be quite difficult. The intersection of Highland Boulevard and East Main Street was recently upgraded to full signalization and functionality. As a result of this improvement the City has an impact fee reimbursement due in FY 2026 totaling as additional $850,000 (see SIF112) as a result of MDT required design changes. Installation of full signalization cost approximately $1,500,000 not including curb, gutter, stormwater water facilities, grading, road improvements, additional lanes, and other ancillary infrastructure associated with the signal installation. An advisory comment is included to place future development on notice of known deficiencies in the transportation network serving this property. BMC 38.400.060 Street Improvement Standards (B) (4) - All arterial and collector streets and intersections within one-half mile of the site must operate at a minimum Level of Service (LOS) C unless specifically exempted by the review authority. Therefore, the applicant is advised that the intersection of Haggerty Lane and Main Street is located within one-half mile of the subject property, which has been determined to operate below a minimum LOS C (Existing LOS is F per the City of Bozeman Transportation Plan Apri125, 2017. This analysis would likely come to a different conclusion upon infrastructure improvements and a broader geographic area proposing up zoning. 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 B-2M district provides adequate light and air through the Bozeman Unified Development Code's standazds for park and recreation 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 19 of 40 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 not met. The street section is not fully constructed and there are known deficiencies in the transportation system. The proposed zone changes in itself does not create impacts on city systems increasing potential impacts though a zoning change exacerbates potential impacts.As noted in other evaluation criteria development of this site may not trigger sufficient nexus or reasonable proportionality to require construction of a compete street to serve the property. Therefore, development of the property is restricted. 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 increase offsite impacts. The site has a Walk Score of 36, a Transit score of 20, and Bike Score of 57. Average walk score for the city as a whole is 47 out of 100. According to Walk Score� the walks 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. 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. 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 20 of 40 The Walk Scor�e for 219 Haggerty Lane�s based on the following c�cegones. �� o�a h Y � , o� - --- - — aa C4° ��'� �� .�� i� ° ��. `�.�� U� �2 nN '� ,�4 L�' t O��ic (��, '�� i' Q hu \`��2 �`j C�3'a �L �..� �17� 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. The subject property is not well connected to the City's transportation system and is served by an intersection known to not to meet minimum service standards. There are no sidewalks adjacent to the property and while those will be required to be constructed with the future development there are no sidewalks connecting to nearby services and residential development. It is unlikely development on this site would trigger construction of a full street section (Minor Arterial) of Haggerty Lane as required by the Bozeman Transportation Plan. See also discussion under Criterion F. An advisory comment is included to place future development on notice of known deficiencies in the transportation network serving this property. BMC 38.400.060 Street Improvement Standards (B) (4) - All arterial and collector streets and intersections within one-half mile of the site must operate at a minimum Level of Service(LOS) C unless specifically exempted by the review authority. Therefore,the applicant is advised that the intersection of Haggerty Lane and Main Street is located within one-half mile of the subject property, which has been determined to operate below a minimum LOS C (Existing LOS is F per the City of Bozeman Transportation Plan, 2017 Update. As noted earlier, the intersection of Haggerty Lane and Main Street is located within one-half mile of the subject properly, which has been determined to operate below a minimum LOS C. 22189 Sta,fJF'Report for the Haggerty Lane Zone Map Amendment Page 21 of 40 Future development will increase in overall density, which will directly increase the number of vehicular and pedestrian trips from the subject property.Moreover,the primary intersection that will be utilized to access the greater transportation network will be the intersection of Haggerty Lane and Main Street. Development analysis. Future development must determine the associated impacts of the development in relation to the Haggerty& Main intersection as well as any mitigation measures necessary needed to mitigate the developments impacts. The review authority may approve the development only if the LOS requirements are met in the design year, which must be completed if mitigation measures are required to maintain LOS. The intersection must have a minimum acceptable LOS of C for the intersection as a whole. The intersection of Haggerty Lane and Main Street is located on a state controlled highway, in which the Montana Department of Transportation retains the review authority and approval to access as well as improvements. Currently,the City has the intersection of Haggerty Lane and Main Street in the City's adopted Capital Improvement Program, but is unscheduled in terms of future time. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. "The land use map sets generalized expectations for what goes where in the community... The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman's future." (Community Plan p. 51). The City's future land use map designates the properties as Community Commercial Mixed- Use. These designations correlate with several zoning districts including the B-2M district proposed by the applicants. The districts were developed by the City to promote appropriate urban growth compatible with the areas of the City as identified on the future land use map. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicants, the zone map amendment would promote compatible urban growth. Also see the discussion in(H)below. The applicant provides additional support by stating,"The designation this site as B-2M offers additional design flexibility to and will offer future development to unfold compatible with development adjacent to the existing zones. The flexibility offered by B-2M zoning will allow the site to respond to and meet the demands of the surrounding neighborhoods, providing complimentary retail, commercial uses, offices, and restaurants to serve the needs of the community of Central Bozeman. All future design and conshuction will be compatible with the UDC site and design standards, further ensuring compatibility for this site." 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 22 of 40 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 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 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 B-2M district to be compatible with adjacent development's mixed-use characteristics and uphold the unique character of the area. The site has an existing commercial building,parking area, other commercial businesses, and undeveloped area. There are a wide variety of uses adjacent to the site including residential and commercial. A review of the uses allowed in the proposed zones shows many similarities with existing and authorized uses in the surrounding area. Therefore,the change in zoning does not appear to conflict with the character of the area. I. Peculiar suitability for particular uses. Criterion met. Future uses for construction on the site are not fmalized at this time, so the suitability of the site for particular uses is not easily evaluated. However, considering the context of the site with a robust transportation system, large park area directly adjacent, major streets serving the property, existing city services established, and the variety of land uses in 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 23 of 40 the immediate area, the proposed B-2M district allows for more similar configuration of uses as the surrounding area, even though the B-2M district is a more intensive district than the existing B-2 zoning generally allows. As shown in Figure 2, the property is bounded by B-2 zoning on the east and west and PLI to the north and south.The Softball Complex is directly to the south and Haggerty Lane and right- of-way for I-90 to the north. The proposed B-2M district can support many types of urban development that are likely to serve the immediate area and region as a result of its location and proximity to major transportation networks. Final determination of suitability will occur during the site development process. J. Conserving the value of buildings. Criterion met. The site is vacant. B-2M zoning will allow for new and diverse development patterns on the subject parcel that compliment development on adjacent sites as does the existing B-2 designation. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building values as the development pattern will be appropriate to the surrounding character of the district. 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 B-2M 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 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 mixed-use development have 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 Bozeman Community Plan illustrates the most appropriate use of the land. In this case Community Commercial Mixed Use 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 protect and promote public health, safety, and general welfare." 22189 Sta,f,�'Report for the Haggerty Lane Zone Map Amendment Page 24 of 40 Spot Zoning Criteria Rezoning may, in certain factual circumstances,constitute impermissible"spot zoning."The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm'rs of Cascade County and Little v. Bd. Of County Comm'rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Montana law employs the three-part Little test to evaluate whether a zoning designation constitutes unlawful spot zoning: The first prong of the three-part Little test examines whether the requested use would differ significantly from the prevailing land uses in the area. The second prong explores whether the area requested for the rezone would be "rather small" in terms of the number of landowners benefitted by the requested zone change. Finally, the third prong analyzes whether the requested zone change would be in the nature of"special legislation" designed to benefit one or a few landowners at the expense of the surrounding landowners or thepublic. Plains Grains Ltd. P'ship v. Bd. Of Cty. Comm'rs of Cascade Cty., 2010 MT 155, 58-59, 357 Mont. 61, 238 P.3d 332 (internal citations omitted). As explained in Little, "[i]f spot zoning• is invalid, usually all three elements are present or, said another way, the three statements may merely be nuances of one another." Little v. Bd. Of Cty. Comm'rs of Flathead Cty., 193 Mont. 334,346,631 P.2d 1282, 1289 (1981). Is the proposed use significantly diff'erent from the prevailing land uses in the area? No. This criterion includes the modifier`significantly.' It is not prohibited to have uses that are different. To be a Yes, the reviewer must demonstrate a `significant difference.' The differences between B-2 and B-2M are small and not significant. Allowed uses are identical although their integration into a single building does vary. As noted above, parking requirements are less in the B-2M district that the B-2 district. As a result, the proposed B-2M zoning designation would not result in primary uses of the site which are significantly different from prevailing land uses in the area. 1. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. In order to determine whether or not this condition is present both this question and the following point must be analyzed in concert. There is only one property involved with the application. As noted above there are no differences in uses between the B-2 and the B-2M zoning districts there is a difference in intensity. B-2M allows additional height, more permissive parking standard,and more flexibility in the configuration of uses a within the development. These characteristics are only benefitting the property owner in this instance because increased intensity on this site will contribute negatively to the safety and 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 25 of 40 general welfare of adjacent properties. On the other hand, if multiple property owners and a larger geographic area were proposing such a zoning change it may indicate a larger cross section of the community that may benefit from the change. In addition,most of the adjacent properties are partially developed and would benefit from transportation improvements, those that would benefit most aze those undeveloped properties served by the intersection of Haggerty Lane and East Main Street. If multiple properties were involved in up-zoning the resulting development may have a larger impact on economic activity and housing (likely) and contribute to the construction of necessary infrastructure to support the increased intensity allowed by the B-2M district. It remains that the B-2M zoning designation is an implementing district to the commercial land use designation and promotes a variety of land uses that are needed for the function and vitality of the immediate neighborhood and the greater community. 2. Would the change be in the nature of"special legislation"designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? Yes. The aforementioned analysis identifies negative impacts to the surrounding landowners and the general public due to this amendment. The number of landowners who will directly benefit from the proposed zone map amendment is small (one), the proposed amendment will exacerbate existing infrastructure deficiencies at the expense of surrounding landowners and the general public. As discussed above in the various review criteria, a number of negative impacts have been identified due to this amendment. However,the proposed B-2M zoning designation will allow for a variety of uses conducive to the Community Commercial Mixed Use land use designation. Further, as discussed in Criterion A, the application is consistent both the City's growth policy. The growth policy is the overall land use policy for the community. Consistency with the growth policy demonstrates benefit to the general public. As discussed under Criterion D, the City's development standards will require the applicant to provide the needed infrastructure to support any proposed development prior to construction. While concurrency and adequacy of infrastructure remove most potential injury to others, proportionality of impacts supersedes the ability of this property owner to fully mitigate impacts. This is due to the fact that Montana Department of Transportation has authority of the design, conshuction, and timing of any improvements to this intersection rendering the ability address this issue and has not indicated improvements will be considered at this time. 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 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 26 of 40 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 Citv Clerk, 121 North Rouse Ave. PO Box 1230 Bozeman.MT 59771-1230. APPENDIX A -DETAILED PROJECT DESCRIPTIDNAND BACKGROUND A zone map amendment requesting amendment of the City Zoning Map for an existing lot consisting of approximately 0.55 acres from B-2 (Community Business District) to B-2M (Community Business District-Mixed). The owner, Haggerty Property Investments, LLC, Box 850, Bozeman, MT 59718 submitted application to rezone a property totaling 0.55 acres, including adjacent right-of-way, from B- 2 to B-2M. The property is currently vacant. No future development plans were submitted or required with the application. Under the proposed use item in the application it states the proposed use will be"mixed." Haggerty Lane is a designated Minor Arterial according to the Bozeman Area Master Transportation Plan, 2017 Update. The intersection of Haggerty Lane and East Main Street currently operates below a level "C" in function and would require improvements prior to development of this or other sites in the vicinity.East Main Street is a Montana Department of Transportation (MDT) route and would require coordination with this state agency to make any improvements. NIDT has provided comment on this application. The primary differences between the B-2 and B-2M districts are slight differences in building height, more permissive residential use, and reduction of parking requirements. Building height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B- 22I89 Sta,fj`'Report for the Haggerty Lane Zone Map Amendment Page 27 of 40 2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an approved CUP. 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 September 18, 2022 and October 2,2022. The Community Development Board acting in their capacity as the Zoning Commission hearing is scheduled for October 3, 2022 and the City Commission public hearing is scheduled for October 25,2022. Public comment has been received. httus://weblink.bozeman.net/WebLink/DocView asnx�id=265161&dbid=0&repo=BOZEMAN APPENDIX C-PROJECT GROWTH POLICYAND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as community commercial mixed use in the Bozeman Community Plan 2020 future land use map—see descriptions below. "Community Commercial Mized Use." The growth policy states that, "activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the "center-based" land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation comdors,including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 28 of 40 and should include multi- story buildings...High The zoning disMcts which mplement each future land use category are shown In relation to each future density residential areas are land use category in chart belaw.For zoning d�sVict inten�see 38.300 For permkted uses,see 38_310 ex ected in close Urban Neighborhood � o o � 4�4 � o00 p oD oa o a o °oo o°oo proximity. Including R-S R-1 R-2 R 3 R-0,R-5,R-O REMU residential units on sites RMH,&t,PU g ry' ResideMlal Mlxed Use a o 0 4 00 4 � oa°Oo within this cate o ii i�� 1Cally 011 upper floors, R-3.R-0,R•S,R•O.REMU,B-1,PLI will facilitate the provision Community Commercial Mixed Use oo eeo 4 00 4 � °e°o°o of services and �� R-O REMU &1,B•2.B-2M.UMU.NEHMU opportunities to persons �-� without requiring the use of Tradttlonal Core 4 0000 4 �$� i�� an automobile... Mixed use e-z"' 6-3 P�� F�ao — areas should be developed � Replonol Commorelal ir Sorvices o00 in an integrated, pedestrian �4°°q �� '"S: &2 8-2M UMU PU 8 B.B sau= friendly manner and should � ,.,;o, not be overly dominated by �er Sp�a Mlxed Use � � �� o00 � °a°o°a any single land use. Higher BP,M-t,NEHMU PL; � intensity employment and � residential uses are ■� °oo � encouraged in the core of M-1 M-2.BP PU ` the area or adjacent to Parks&Open Lands � � significant streets and F� � c�� intersections. As needed, � building height transitions =;•:.,, � �� should be provided to be �' '.OMMUNITY PLAN compatible with adjacent development." The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy's land use categories, demonstrating that the proposed zoning designation of B-2M correlates with the Growth Policy's future land use designation of"Community Commercial Mixed Use". Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2M (Community Business District-Mixed). The intent of the B-2M district is"...to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district 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 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 29 of 40 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". Table 38.310.040.A Permitted general and group residential uses in residenNal zoning districts Table clarifications: 1. Uses: P=Principal uses; C=Conditional uses; S =Special uses; A=Accessory uses; —=Uses which are not permitted. 2. If a* appears after the use,then the use is defined in article 7. 3. Where a code section is referenced after the use,then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box,then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Zoning Districts Uses Commercial Mixed Use Industrial RE NEHMU P�� 8-11 B-2 B-2M B-3 UMU MV Z BP M-1 M-2 General sales Automobile, boat or i recreational vehicle � sales,service and/or P P P — rental i `�i I I I I I I I I Automobile fuel sales or repair S S S S S S P — P p — (38.360.070)* Convenience uses (38.360.100)* P P C C P P — — — — � � � � i � i I I I I Heavy retail I ' � i establishment(Retail, — P P C P C P — P P large scale- — 38.360.150)* I � I I I I i � 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 30 of 40 Restaurants* P 3 P P P p p P — p 3 p 3 — 1,SOOsf Retail* � I �) � - —�- - -� �-- � I 0-S,OOOsf G FA P P P P P P A C A A 6� A 6� — � 4 4 4 4 4 4,5 6 7 6 7 7 • 5,001-24,999sf _ P a P a P a P a P a,s A e�� A 6 A 6 C A 6 C _ GFA � � • 25,OOOsf-39,999sf _ P 4 P a P a P a _ A 6�� A 6 A 6 C A 6 C _ GFA � � _ � � � � • Over 40,OOOsf GFA � (Retail, large scale- — P° P^ — S — — — — — — 38.360.150)* I i i � � � i � I Sales of alcohol for ' on-premises 8 S $ 8 a,y g g 8 a�o s�o S S S 5 5 S - S — C - C � — consumption (38.360.060) I �I I I I ` I I I I Notes: 1. In the B-1 district,the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district(see table 38.310.030 for those not listed in this table). 3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing facility. 4. Excluding adult businesses as defined in section 38.700.020 of this chapter. 5. Special REMLJ district conditions based on the amount of on-site retail uses: a. Retail uses greater than 5,000 squaze feet and less than or equal to 12,000 square feet are limited to no more than four structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are limited to no more than two structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. 6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross floor area or 10,000 square feet,whichever is less. 7. Retail establishments as a primary use are conditionally permitted. 8. Also subject to chapter 4,article 2. 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 31 of 40 9. No gaming allowed. 10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with the following conditions: a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses issued since 1997,prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility; and/or b. Retail sales for on-premises consumption of alcohol produced on site,not to exceed 10,000 square feet or 50 percent of the facility,whichever is less. Table 38.310.040.B Permitted services and temporary lodging uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P=Principal uses;C=Conditional uses;S=Special uses;A=Accessory uses; —= Uses which are not permitted. 2. If a*appears after the use,then the use is defined in article 7. 3. Where a code section is referenced after the use,then the use is subject to the additional standards in that code section. 4. If a number appears in the box,then the use may be allowed subject to development condition(s)described in the footnotes immediately following the table. if there are multiple numbers,then the use is subject to all appiicable development conditions. 5. Where a number with a"sf° reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the(maximum) listed square footage in gross building area. Zoning Districts Uses Commercial Mixed Use Industrial NEHMU P�� B-i l B-2 B-2M B-3 UMU REMU 2 BP M-1 M-2 Personal and general service Animal shelters — — — — — — C — 5 S — Automobile washing establishment* P P � � C P — p p — - - ---- -------- ' � � � � � 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 32 of 40 Daycare—Family,group, orcenter* P 3 P 3 F 3 P 3 P 3 p 3 S/A S/A° C/A° C/A° C General service P P P P P P P C P C establishment* — Health and exercise P establishments* S P P P P P P � P P — Heavy service — P P C P C P — P P establishment* — Medical and dental 3 offices, clinics and S p 3 p 3 p 3 p 3 p 3 p p p p _ centers* Mortuary — S S S 5 — — — — — — 3 Offices* S p3 P3 P3 P3 P3 P Ps P P — Personal and convenience P P P P P P A A A A services* — Truck repair,washing, and fueling services � � P — � � Temporary lodging Bed and breakfast* — — — — — p � — — _ _ Short Term Rental (Type 1�* — P P P P P P — — — — Short Term Rental (Type 2�* — P P P P P P — — — — Short Term Rental (Type 3�* — P P P P P — — — — — � � 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 33 of 40 Hotel or motel* — P P p p P p — p p _ 40,OOOsf Notes: 1. In the B-1 district,the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district(see table 38.310.030 for those not listed in this table). 3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set forth in section 38.510.020. 4. If primarily offering services to a single business or group of businesses within the same building or building complex. 5. Professional and business offices only. Table 38.310.040.0 Permitted residenNal uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P=Principal uses;C=Conditional uses;S=Special uses;A=Accessory uses; —=Uses which are not permitted. 2. If a*appears after the use,then the use is defined in article 7. 3. Where a code section is referenced after the use,then the use is subject to the additional standards in that code section. 4. If a number appears in the box,then the use may be allowed subject to development condition(s)described in the footnotes immediately following the table. If there are multiple numbers,then the use is subject to all applicable development conditions. Zoning Dist�icts Commercial Mlxed Use Industrial Uses NEHMU P�� B-1' B-2 B-2M B-3 UMU REMU Z BP M-1 M-2 General residential Accessory dwelling unit (38.360.040) P P Apartments* 3 p a P a P s P s P P A 6 _ A 6 A 6 _ 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 34 of 40 Apartment buildings* 3 — C P p 5 p p — — — — — Cottage housing* — — — — — P — — — — (38.360.110) Singie household dwelling (38.360.210) P P Three household dweliing or four-household dwelling — — — — — p — — — — — (38.360.210) � � � � � Townhouses* 3&rowhouses* (38.360.240) — C� P' P' — P 8 P — — — — Two-household dwelling (38.360.210) P P Live-work units* P P P P P P P — — — — Ground floor residential � p s P s _ _ _ _ _ _ _ Group residences Community residential P 4 P 4 facilities with eight or fewer P 4 5 p 4•5 5 p a,s P P _ _ _ _ residents* _� � I I I Community residential ' facilities serving nine or more - C C — P P — — — — — residents* Cooperative household* — — — — — p � — — — — Group living(38.360.150)* p a P a P s P a _ P P _ _ _ _ Lodging houses* — C C 5 C 3 P P — — — — — 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 35 of 40 Transitional and emergency housing and related services — S S S S S S S S — S (38.360.135)* � � ( � � Notes: 1. In the B-1 district,the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3. May be subject to the provisions of chapter 38,article 380. 4. When located on the second or subsequent floor,or basement as defined in section 38.700.030 of this chapter. Lobbies associated with residential uses are allowed on the ground floor. 5. Non-residential uses (except for lobbies associated with residential uses) are required on the ground floor to a minimum depth of 20 feet from front building fa�ade on properties adjacent to designated storefront streets per section 38.500.010. 6. For the purpose of this section,accessory means less than 50 percent of the gross floor area of the building,and not located on the ground floor. 7. Five or more attached units. 8. Five or fewer attached units. Table 38.310.040.D Permitted industrial and wholesale uses in commercial, mized-use, and industrial zoning districts Table clarifications: 1. Uses: P=Principal uses;C=Conditiona) uses;S=Special uses;A=Accessory uses; —=Uses which are not permitted. 2. If a*appears after the use,then the use is de�ned in article 7. 3. Where a code section is referenced after the use,then the use is subject to the additional standards in that code section. 4. If a number appears in the box,then the use may be allowed subject to development condition(sj described in the footnotes immediately following the table. If there are multiple numbers,then the use is subject to all applicable development conditions. Zoning Dlstricts Uses Commercial Mixed Use Industrial PLI B-1 i B-2 B-2M B-3 UMU REMU NEHMU Z BP M-1 M-2 Industrial and Wholesale 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 36 of 40 Junk salvage or automobile reduction/salvage yards — � — Manufacturing,artisan* P P p p 3 p p p p p p _ Manufacturing(light)* — S S C° p s p 6 p p s P s P _ Manufacturing(moderate)* — C C — — — p p p p — Manufacturing(heavy)* — — — — — — — _ � p _ Outside storage — — — — — — p q p p _ Refuse and recycling containers A A A A A A A A A A — Warehousing* — — — — — — p _ p P _ Warehousing, residential storage(mini warehousing) — — — — — — p — p p _ (38.360.180)* I Notes: 1. In the B-1 district,the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district(some of which azen't addressed in this table). 3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required. The downtown core includes those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street. 4. Except on the ground floor in the downtown core(those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street). 5. Completely enclosed within a building. 6. Limited to 5,000 square feet in gross floor area. Additional uses for telecommunication facilities are provided for in division 38.370 of this article. Table 38.310.040.E Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use, and industrial zoning districts 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 37 of 40 Table clarificatjons: 1. Uses: P=Principal uses;C=Conditional uses;S=Special uses;A=Accessory uses; —=Uses which are not permitted. 2. If a *appears after the use,then the use is defined in article 7. 3. Where a code section is referenced after the use,then the use is subject to the additional standards in that code section. 4. If a number appears in the box,then the use may be allowed subject to development condition(s)described in the footnotes immediately following the table. If there are multiple numbers,then the use is subject to all applicable development conditions. 5. Where a number with a"sf°reference appears below a P or C in the box,it means that the use is permitted or conditionally permitted up to the(maximum)listed square footage in gross building area. Zoning Districts Uses Commercial Mixed Use Industrial PLI B-11 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 Public,educational,government and regional Business,trade,technical or vocational school P P P 3 P P P P P P — Cemeteries* — — — — _ _ _ _ _ _ P i Essential services I I I I ( I (38.360.140) • Type I A A A A A A A A A A A • TYpe II P P P P P P P P P P P • Typelll C° P P C° C C4 P � P P P P Meeting hall - p p p p p _ _ _ _ _ 22I89 Staff Report for the Haggerty Lane Zone Map Amendment Page 38 of 40 Production manufacturing and generation facilities — — — — — — _ _ _ S _ (electric and gas) �I I I I � Public and nonprofit, quasi- � � public institutions,e.g. universities,elementary — — — — — — _ _ _ _ P junior and senior high schools and hospitals ' � I I I I I I + � I Public buildings and publicly owned land used for parks, P— P— P P p p p p p p p playgrounds and open space Solid waste transfer station — — — — — — _ _ _ � P Solid waste landfill — — — — — _ _ _ _ _ � Truck, bus and rail terminal facilities P — P P — Recreational,cultural and entertainment Adult business(38.360.050)* — — — — — — _ _ P P _ Amusement and recreational — P P — P — P — P C facilities — Arts and entertainment p P P P P P center* 12,OOOsf Casinos — — — — — — — — C C — Community centers (38.360.080)* P P P P P P P P P P P Accessory and/or other uses Agricultural uses* — — — — — — _ _ _ P _ 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 39 of 40 Home-based businesses (38.360.140)* A A A A A A A A A A — Other buildings and structures (typically accessory to A A A A A A A A A A A permitted uses) I �I I I � I I I ! I Temporary buildings and yards incidental to ongoing — — — — — — A A A A — construction work I I -- I i I I I I I Any use,except adult I businesses and casinos, approved as part of a planned unit development subject to C C C C C C C C 5 C 5 C 5 — the provisions of division 38.430 I �� I I I I I I I I Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter. 4. Only allowed when service may not be provided from an altemative site or a less intensive installation or set of installations. 5. Also excludes retail, large scale uses. Additional uses for telecommunication facilities are provided for in division 38.370 of this article. APPENDIX D- OWNER INFORMATIONAND REVIEWING STAFF Owner: Haggerty Property Investments, LLC, Box 850, Bozeman, MT 59718 Applicant: Cadius Partners Limited, 23 Apex Drive,Bozeman, MT 59718 Representative: Cadius Partners Limited, 23 Apex Drive, Bozeman, MT 59718 Report By: Tom Rogers, Senior Planner 22189 Staff Report for the Haggerty Lane Zone Map Amendment Page 40 of 40 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 Deparhnent 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. httns://weblink.bozeman.net/WebLink/Browse aspx�startid=262088&cr-1