HomeMy WebLinkAboutMaple Terrace Zone Map Amendment
Report compiled on February 6, 2008
Commission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Martin Knight, Assistant Planner
SUBJECT: Maple Terrace Zone Map Amendment Application #Z-07267
MEETING DATE: Monday, February 11th, 2008
RECOMMENDATION: The City Commission approves this application, with the contingencies
listed on Page 2 of Zoning Commission Resolution #Z-07267.
BACKGROUND: The applicant is proposing to amend the City of Bozeman Zoning Map to
change the municipal zoning designation from R-1 (Residential Singe-Household, Low Density
District) to R-O (Residential Office District) on approximately 0.48 acres of land located at 1811
West Durston Road. At their February 5th, 2008 public hearing the City of Bozeman Zoning
Commission voted 0 against and 4 in favor of this application. A recommendation of approval has
been forwarded.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property, when
the property is developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Martin Knight at mknight@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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MAPLE TERRACE ZONE MAP AMENDMENT
ZONING COMMISSION & CITY COMMISSION STAFF REPORT FILE NO. Z-07267
Maple Terrace Zone Map Amendment Staff Report, #Z-07267 1
Item: Zone Map Amendment Application #Z-07267 requesting to
amend the City of Bozeman Zone Map to change the municipal
zoning designation from “R-1” (Residential Single-Household,
Low Density District) to “R-O” (Residential Office District) on
approximately 0.48 acres of land located on Durston Road at
the northeast corner of Durston Road & North 19th Avenue.
Owner/Applicant: Bobby Smith
88 Low Bench Road
Gallatin Gateway, MT 59730
Representative: Morrison-Maierle, Inc.
901 Technology Blvd.
Bozeman, MT 59771
Date/Time: Before the Bozeman Zoning Commission on Tuesday,
February 5, 2008 at 7:00 p.m. in the Community Room, Gallatin
County Courthouse, 311 West Main Street, Bozeman, Montana.
Before the Bozeman City Commission on Monday, February 11,
2008, at 6 p.m. in the Community Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, Montana.
Report By: Martin Knight, Planner I
Recommendation: Approval of R-O with Contingencies
PROJECT LOCATION & MAP:
The 0.48-acre subject property is located at 1811 West Durston Road, which is generally located on
Durston Road at the northeast corner of Durston Road & North 19th Avenue. The property is legally
described as lots 23 and 24, Maple Terrace Subdivision, and the adjacent Montana Department of
Transportation right-of-way & right-of-way acquisition; and located in the SW ¼ of Section 1, T1S, R5E,
PMM, Gallatin County, Montana. Please refer to the aerial photograph provided at the end of the Staff
Report and to the following vicinity map.
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PROPOSAL AND BACKGROUND INFORMATION
The applicant has made application to the Bozeman Planning Department for a Zone Map Amendment to
amend the zoning designation on the Bozeman Zone Map from “R-1” (Residential Single-Household,
Low Density District) to “R-O” (Residential Office District) on 0.48 acres of land located at 1811 West
Durston Road. The applicant has indicated that with a zoning designation of R-O, the existing structure
will most likely be remodeled to suit R-O permitted types of uses. Further development of the property
will be subject to Site Plan Review through the Bozeman Planning Department.
ZONING DESIGNATION & LAND USES
The subject property currently contains a vacant single-household residence. The applicants propose a
Zone Map Amendment to change the municipal zoning designation from R-1 to R-O. The intent of the R-
1 (Residential Single-Household, Low Density District) district is to provide for primarily single household
residential development and related uses within the City at urban densities, and to provide for such
community facilities and services as will serve the area’s residents while respecting the residential character
and quality of the area.
The intent of the R-O, Residential Office District is to provide for and encourage the development of
multi-household and apartment development and compatible professional offices and businesses that
would blend well with adjacent land uses. The primary use of a lot, as measured by building area, permitted
in the R-O district is determined by the underlying growth policy land use designation. Where the district
lies over a residential growth policy designation, the primary use shall be non-office uses; where the district
lies over a non-residential growth policy designation the primary use shall be office and other non-
residential uses. Primary uses shall be measured by percentage of building floor area. The existing land uses
and current zoning designations located in the immediate area of the subject property are:
North: Single-household residences and office uses; zoned R-O (Residential Office District)
and R-1 (Residential Single-Household, Low Density District);
Maple Terrace Zone Map Amendment Staff Report, #Z-07267 2
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South: Single-household and duplex residences; zoned R-2 (Residential Two-household,
Medium Density District) and R-3 (Residential Medium Density District);
East: Single-household residences; zoned R-1 (Residential Single-Household, Low Density
District);
West: Gas Station, commercial, and office uses; zoned B-1 (Neighborhood Business District).
GROWTH POLICY DESIGNATION
The subject property is currently designated as “Residential” on the Future Land Use Map of the Bozeman
2020 Community Plan.
The “Residential” category designates places where the primary activity is urban density
living quarters. Other uses which complement residences are also acceptable such as parks,
low intensity home based occupations, fire stations, churches, and schools. The residential
designation also indicates that it is expected that development will occur within municipal
boundaries which may require annexation prior to development. The dwelling unit density
expected within this classification varies. It is expected that areas of higher density housing
would be likely to be located in proximity to commercial centers to facilitate the broadest
range of feasible transportation options for the greatest number of individuals and support
businesses within commercial centers. Low density areas should have an average minimum
density of six units per net acre. Medium density areas should have an average minimum
density of twelve units per net acre. High density areas should have an average minimum
density of eighteen units per net acre. A variety of housing types should be blended to
achieve the desired density with large areas of single features such as floodplains may cause
an area to be designated for development at a lower density than normally expected within
this classification.
All residential housing should be arranged with consideration given to the existing
character of adjacent development, any natural constraints such as steep slopes, and in a
fashion which advances the overall goals of the Bozeman 2020 Community Plan. The
residential designation is intended to provide the principal locations for additional housing
within the Planning Area.
REVIEW CRITERIA & FINDINGS
According to Section 18.70.020 of the Unified Development Ordinance (UDO), the Bozeman Zoning
Commission shall cause to be made an investigation of facts bearing on each zone map amendment
application. The Zoning Commission must provide necessary information to assure that the action of
each zone map amendment application is consistent with the intent and purpose of the UDO.
Specifically, the investigation must address the following criteria as required in Section 76-02-304, Montana
Code Annotated:
A. Consistency with the City’s growth policy
As previously noted, this property is now designated as “Residential” according to the Bozeman
2020 Community Plan Future Land Use Map. The proposed “R-O” zoning designation is in
compliance with this land use designation. Subsequent site plan design and further development
Maple Terrace Zone Map Amendment Staff Report, #Z-07267 3
97
will be evaluated for compliance with the growth policy during the next stage of the development
review process.
B. Lessening of congestion in the streets
This site would be serviced by Durston Road, an arterial street. Increased traffic may occur with
additional site development. Access to the property to restricted with further development (i.e.
right-in/right-out only); these issues will be considered and any appropriate mitigation measures
required, during site plan review.
C. Securing safety from fire, panic, and other dangers
The regulatory provisions established for all the zoning designations, in conjunction with
provisions for adequate transportation facilities, will address safety concerns with any further
development of the property. For example, a private drive access may not be longer than 150 feet
without a secondary access or an approved turnaround such as a hammerhead or cul-de-sac.
D. Promotion of health and the general welfare
The subject property is currently within the City of Bozeman. Municipal infrastructure extensions
(i.e., water and sanitary sewer) and public services (i.e., police and fire protection) are available to
the property. Connection to City water and sewer will be required upon development. Generally,
the standards of development and accompanying development review processes (subdivision or
site plan) will adequately address the issues of health and general welfare for any zoning
designation.
E. Provision of adequate light and air
The regulatory standards set forth in the UDO for all of the residential zoning districts will provide
the necessary provisions (i.e., yard setbacks, lot coverage, parkland/open space and building
heights), which are intended to provide for adequate light and air for the surrounding
neighborhood and for any additional development on the subject property.
F. Prevention of the overcrowding of land
The UDO limits the number of people living in a household to a maximum of four unrelated
people (see definition of “household” in Section 18.80.1390). Minimum yard setbacks, height
requirements, maximum lot coverage, and required parking are also limiting factors that help
prevent the overcrowding of land.
G. Avoiding undue concentration of population
Compliance with the regulatory standards set forth in the UDO and the International Building
Code will aid in providing adequately sized dwelling units to avoid undue concentration of
population. According to the census information for the City of Bozeman the average household
size has been declining from 5.74 in 1930 to 2.48 in 2000. This historical trend is likely to continue
and would indicate that the undue concentration of the population is not a significant issue with
any zoning designation.
Maple Terrace Zone Map Amendment Staff Report, #Z-07267 4
98
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and
other public requirements
Again, the subject property is currently within the City of Bozeman. An assessment of the impacts
to infrastructure, public services, parkland, and other community requirements will be evaluated
during further development of the property.
I. Reasonable consideration to the character of the district
The character of this part of town is varied. The subject properties are at the intersection of two
busy arterial streets. Durston Road to the east is primarily residences; while Durston Road to the
west is a mix of larger residential developments and smaller commercial and office types of uses.
To the north and south of the subject properties lie residential districts with densities and zoning
ranging from R-1 to R-3. North 19th Avenue is primarily retail, commercial, and office types of
uses.
J. Reasonable consideration to the peculiar suitability of the property for particular uses.
Due to the properties location at the intersection of two arterial streets, access to the property may
be restricted with further development. Again, this will be considered and any appropriate
mitigation measures required, during site plan review. No other significant physical constraints are
found on the subject property. This property is found to generally be suitable for R-O types of
uses.
K. Conserving the value of buildings
The property currently contains one single-household residence. The R-O zoning designation will
not negatively affect the value of any adjacent buildings and/or land uses.
L. Encouraging the most appropriate use of land throughout the municipality.
The R-O zoning designation would allow appropriate residential and/or office types of uses of the
land without negatively impacting existing land uses and development. As indicated by the
applicant, the existing structure will most likely be remodeled to suit the uses permitted with the R-
O zoning district. Given the properties location, at the intersection of two arterial streets, and
access issues related too, staff finds the proposed uses may be appropriate. Furthermore, staff
finds the proposed R-O zoning designation would be an appropriate extension of the existing R-O
zoning district along North 19th Avenue to the north of the subject properties.
AGENCY REVIEW
The Planning Office has requested written summary-review comments from the Bozeman Development
Review Committee and other applicable review agencies regarding the request for a zone map amendment.
Comments received as of the writing of this staff report have been outlined above. Additional comments
and/or recommendations received after the date of this report will be forwarded to the governing body.
Maple Terrace Zone Map Amendment Staff Report, #Z-07267 5
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PUBLIC COMMENT
No public comment has been received to date. Any comments received after the writing of the Staff
Report will be distributed to Commissioners at the public hearing.
STAFF RECOMMENDATION
Should the City Commission choose to accept the request to change the municipal zoning designation, the
Planning Office has recommended that the following ZMA contingencies:
1) That the applicant submit a zone amendment map, titled “Maple Terrace Zone Map Amendment”,
on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area to
be zoned, acceptable to the Director of Public Service, 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 and zoning districts,
and total acreage of the property.
2) That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor and map
of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially
amend the zone map.
SUMMARY & CONCLUSION
The Planning Office, Development Review Committee, and other local review agencies have reviewed the
requested Zone Map Amendment and have provided the above comments as they relate to the review
criteria and recommend approval with the above noted contingencies. The recommendation of the
Bozeman Zoning Commission will be forwarded to the Bozeman City Commission for consideration at its
public hearing on February 11, 2008. The City Commission will make the final decision on the
application.
IN THE CASE OF PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF
25% OR MORE OF EITHER OF THE AREA OF THE LOTS INCLUDED IN THE
PROPOSED CHANGE; OR THOSE LOTS 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, SUCH AMENDMENT MAY NOT BECOME EFFECTIVE EXCEPT
UPON A FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
CC: Bobby Smith, 88 Low Bench Road, Gallatin Gateway, MT 59730
Morrison-Maierle, Inc., 901 Technology Boulevard, Bozeman, MT 59771
Attachments: Aerial Photograph
Applicant’s Submittal Materials
Maple Terrace Zone Map Amendment Staff Report, #Z-07267 6
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Maple Terrace ZMA
RESOLUTION NO. Z-07267
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP ON APPROXIMATELY 0.48 ACRES, DESCRIBED AS
LOTS 23 AND 24 OF THE MAPLE TERRACE SUBDIVISION AND THE ADJACENT
MONTANA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY & RIGHT-
OF-WAY ACQUISTION, SITUATED IN THE SW ¼ OF SECTION 1, T1S, R5E, PMM,
CITY OF BOZEMAN, GALLATIN COUNTY, TO CHANGE THE MUNICIPAL
ZONING DESIGNATION FROM “R-1” (RESIDENTIAL SINGLE-HOUSEHOLD, LOW
DENSITY DISTRICT) TO “R-O” (RESIDENTIAL OFFICE DISTRICT).
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WHEREAS, the City of Bozeman has adopted a growth policy pursuant to 76-1-604,
MCA; and
WHEREAS, the Bozeman City Zoning Commission has been created by Ordinance 1604
and Resolution No. 3312 of the City of Bozeman, pursuant to Title 76-2-307, MCA; and
WHEREAS, Bobby Smith, applied for a Zone Map Amendment, pursuant to Chapter
18.70 of the Bozeman Unified Development Ordinance to amend the City of Bozeman zoning
map on approximately 0.48 acres to change the municipal zoning designation from “R-1”
(Residential Single-Household, Low Density District) to “R-O” (Residential Office District) on
property legally described as Lots 23 and 24 of the Maple Terrace Subdivision and the adjacent
Montana Department of Transportation Right-of-Way & Right-of-Way acquisition, situated in
the SW ¼ of Section 1, T1S, R5E, PMM, City of Bozeman, Gallatin County, Montana; and
WHEREAS, the proposed Zone Map Amendment has been properly submitted,
reviewed, and advertised in accordance with the procedures set forth in Chapter 18.70 of the
Bozeman Unified Development Ordinance; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on
Wednesday, February 5th, 2008 to receive and review all written and oral testimony on the
request for a Zone Map Amendment; and
WHEREAS, no members of the general public spoke in opposition to the requested zone
map amendment; and
WHEREAS, the City of Bozeman Zoning Commission was able to find the request for a
zone map amendment generally complies with the twelve (12) criteria established in
Section 76-2-304, MCA; and
WHEREAS, the City of Bozeman Zoning Commission finds that the request for a zone
map amendment is consistent with the intent and purpose of Chapter 18.70 “Zoning Map
Amendments” of the City of Bozeman Unified Development Ordinance; and
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Page 1
*MINUTES*
CITY OF BOZEMAN ZONING COMMISSION,
TUESDAY, FEBRUARY 5, 2008
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson JP Pomnichowski called the meeting to order at 7:02 p.m. and directed the secretary
to record the attendance.
Members Present: Members Absent:
JP Pomnichowski, Chairperson
Peter Harned
Warren Vaughan
Nathan Minnick
Staff Present: Guests Present:
Martin Knight, Associate Planner Barbara Parkson
Chris Saunders, Assistant Director of Planning Trevor McSpadden
Sean Becker, Commissioner Liaison
Shoni Dykstra, Planning Secretary
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Zoning Commission
and not scheduled on this agenda. Three-minute time limit per speaker.}
Seeing there was none, Chairperson Pomnichowski closed this portion of the meeting.
ITEM 3. MINUTES OF JANUARY 2, 2008.
Seeing there were no changes or additions to the minutes, Chairperson Pomnichowski noted the
minutes of January 2, 2008 will stand as written
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z-07267 – (Maple Terrace) A Zone Map
Amendment requested by the owner, Bobby Smith, and representative, Morrison-
Maierle Inc., requesting to amend the City of Bozeman Zone Map on 0.48 acres
from R-1 (Residential Single Household, Low Density District) to R-O
(Residential Office District) for property legally described as Lots 23 and 24 of
Maple Terrace Subdivision, Gallatin County, Montana. (Knight)
Staff Presentation:
Associate Planner, Martin Knight, presented the staff report for the Maple Terrace Zone Map
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Zoning Commission Minutes from February 5, 2008
Page 2
Amendment. He noted the property is 0.48 acres and is generally located at the northeast corner
of Durston and North 19th Avenue. He noted the application was proposing the a zone change
from R-1 (Residential Single Household, Low Density District) to R-O (Residential Office
District). He stated the currently is a vacant single family residence which may be remodeled. He
noted R-O zoning north of the property, and stated R-O zoning for this property would be in
compliance with the land use designation given the connection to R-O districts and its location
on two arterials. He noted Staff is supportive of the application. He did note condition one did
not need to be in the listed conditions as it was already annexed.
Applicant Presentation:
Trevor McSpadden, representing Morrison- Maierle, noted the applicant agreed with staff
findings and the recommended contingencies.
Questions for Staff and Applicant:
President Pomnichowsi asked Staff to address Item B and how this zoning change would
address the impact on traffic congestion. Planner Knight noted that access was an engineering
requirement and traffic impacts would be reviewed when the property came under site plan
review. President Pomnichowski sought clarification on the mitigation of the possible negative
financial effects on adjoining properties under Item K. Planner Knight noted it is hard to say
how office uses would negatively impact the property.
President Pomnichowski sought clarification from the applicant on their desire to remodel the
existing residence. Mr. McSpadden noted he did not know the exact plans at this point, but it
would allow for development consistent with the area. He noted many of the issues that have
arisen will be addressed through the site plan application.
Public Comment:
Barbara Parkson, an adjoining property owner, noted that the covenants for the property
required a vote on any zoning changes. She noted no notice had been received to date about the
proposed change, and no vote had been taken. She noted her concerns about access and traffic
for the property, and wondered why the City had not complied with the covenants on acquiring
the proper vote for the change in zoning.
Planner Knight noted the surrounding property owners were notified to the City standards. Chris
Saunders noted the City had purchased the property to acquire right of way for the area, and
then sold the remaining property to a willing buyer. He noted the buyer was well aware of the
challenges which the property would face at that location with access.
Warren Vaughan sought clarification on how the City viewed covenants. President
Pomnichowski responded that the City does not enforce the covenants as it was the
responsibility of the Home Owners Association.
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Discussion:
Mr. Vaughan noted he felt the application met the 12 criteria and the underlying growth designation.
He noted other mitigation would need to be done through Site Plan Review, but felt R-O was a good
designation for the property.
President Pomnichowski noted she felt the application met the 12 zoning criteria. She noted the
adjoining properties also zoned R-O took away any concerns in regards to spot zoning.
Motion and Vote:
It was moved by Peter Harned, seconded by Mr. Vaughan, to strike condition one from the
recommended Staff contingencies. Those voting Aye being Mr. Harned, Mr. Vaughan, Nathan
Minnick, and President Pomnichowski. Those voting no being none. The motion carried 4-0.
It was moved by Mr. Harned, seconded by Mr. Minnick, to recommend approval of #Z-07267
Maple Terrace zone map amendment with the amended contingencies and findings to the City
Commission. Those voting aye being Mr. Harned, Mr. Minnick, Mr. Vaughan, and President
Pomnichowski. The motion carried 4-0.
ITEM 5. NEW BUSINESS
Mr. Vaughan noted he would not be at the next Zoning Commission meeting on February 20,
2008. President Pomnichowski noted the open seat on the Zoning Commission.
Seeing there was no more new business before the board, Chairperson Pomnichowski closed this
portion of the meeting and moved to adjourn the meeting.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting adjourned at 7:18 p.m.
_______________________________________ _______________________________________
JP Pomnichowski, Chair Chris Saunders, Assistant Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
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NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning
Commission, on a vote of 4-0, officially recommends to the Bozeman City
Commission approval of zoning application #Z-07267 to amend the Bozeman
zoning map to change the municipal zoning designation from R-1 (Residential
Single-Household, Low Density District) to R-O (Residential Office District) for
approximately 0.48 acres of said property which is described as Lots 23 and 24 of
the Maple Terrace Subdivision and the adjacent Montana Department of
Transportation Right-of-Way & Right-of-Way acquisition, situated in the SW ¼
of Section 1, T1S, R5E, PMM, City of Bozeman, Gallatin County, Montana, subject
to the following contingencies:
1) That the applicant submit a zone amendment map, titled “Maple Terrace Zone Map
Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a
digital copy of the area to be zoned, acceptable to the Director of Public Service, 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 and zoning districts, and total acreage of the property.
2) That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor and
map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to
officially amend the zone map.
DATED THIS 5TH DAY OF FEBRUARY 2008 Resolution No. Z-07267
_________________________________ ________________________________
Andrew Epple, Planning Director J.P. Pomnichowski, Chairperson
City of Bozeman Department of City of Bozeman Zoning Commission
Planning and Community Development
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