HomeMy WebLinkAbout19th Capital Group Zone Map Amendment Z-07251
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
SUBJECT: 19th Capital Group Zone Map Amendment, #Z-07251
MEETING DATE: Monday, January 14, 2008
RECOMMENDATION: That the City Commission approves an initial municipal zoning designation of
B-2 (Community Business District) for the subject property subject to the following contingencies:
1. The applicant shall submit a 24” x 36” mylar zone map titled “19th Capital Group Zone Map
Amendment;” 8½-inch x 11-inch, or 8½-inch x 14-inch paper exhibit; and a digital copy of the
area to be zoned, 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, total acreage of the property and each
zoning district, and adjoining rights-of-way and/or street access easements.
2. 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.
3. The ordinance for the Zone Map Amendment shall not be adopted until the Resolution of
Annexation is signed by the applicant and formally approved by the City Commission. If the
annexation is not approved, the zone map amendment application shall be null and void.
BACKGROUND: The applicants proposed to amend the City of Bozeman Zoning Map to establish an
initial municipal zoning designation of B-2 (Community Business District) for 3.07 acres being
concurrently reviewed for annexation to the Bozeman City limits (#A-07006). The property is generally
located at the southwest corner of the intersection of South 19th Avenue and Kagy Boulevard. The
request for an initial zoning designation of B-2 was considered by the Zoning Commission at a December
18, 2007 public hearing. At that time, the Zoning Commission voted 3-0 to recommend approval of the
zone map amendment for B-2 zoning.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for the
proposed development at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Brian Krueger at bkrueger@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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19th CAPITAL GROUP ZONE MAP AMENDMENT
ZONING COMMISSION AND CITY COMMISSION STAFF REPORT FILE NO. Z-07251
19th Capital Group Zone Map Amendment Staff Report, #Z-07251 1
Item: Zone Map Amendment Application #Z-07251 requesting to amend the City
of Bozeman Zone Map to establish an initial municipal zoning
designationsof B-2 (Community Business District) for 3.07 acres located at
the south west corner of the intersection of Kagy Boulevard and South 19th
Avenue
Owner: 19th Capital Group, LLC
19 Lariat Loop
Bozeman, MT 59715
Representative: C & H Engineering and Surveying, Inc.
1091 Stoneridge Drive
Bozeman, MT 59718
Date/Time: Before the Bozeman Zoning Commission on Tuesday, December 18, 2007 at
7:00 p.m. and before the Bozeman City Commission on Monday, January 7,
2008 at 6:00 p.m. The Zoning Commission and City Commission will
conduct their meetings in the Community Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, Montana.
Report By: Brian Krueger, Associate Planner
Recommendation: Approval of B-2 zoning
PROJECT LOCATION & MAP
The subject property is located at the south west corner of the intersection of Kagy Boulevard and South
19th Avenue and is legally described as Tracts 1A of COS No. 2008A located in the SE ¼ of Section 14,
T2S, R5E, PMM in Gallatin County Montana. The property falls within the Gallatin County Bozeman
Area Zoning District, and has a county zoning designation of A-S (Agricultural Suburban District).
Please refer to the following vicinity map.
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19th Capital Group Zone Map Amendment Staff Report, #Z-07251 2
PROPOSAL AND BACKGROUND INFORMATION
The property owner and applicant, 19th Capital Group, LLC proposes to annex the 3.07-acre subject
property to the corporate limits of the City of Bozeman and to establish an initial municipal zoning
designation of B-2 (Community Business District). The purpose of the annexation and zone map
amendment request is to extend municipal water and sanitary sewer infrastructure to the property and
obtain public services (i.e., police and fire) in order to develop Commercial Services as outlined in the
Bozeman 2020 Community Plan.
The subject property contains one single family household detached residence. The property is currently
used for a residence.
ZONING DESIGNATION & LAND USES
As previously noted, the applicants propose a Zone Map Amendment to establish an initial municipal
zoning designation of B-2.
The intent of the B-2 (Community Business District) is to provide for a broad range of mutually
supportive retail and service functions located in clustered areas bordered on one or more sides by limited
access arterial streets.
The following land uses and zoning are adjacent to the subject property:
North: Stockman Bank; zoned B-2 (Community Business District)
South: Agricultural uses; zoned county A-S (Agricultural Suburban District)
West: Agricultural uses; zoned county A-S (Agricultural Suburban District)
East: Agricultural uses; zoned county A-S (Agricultural Suburban District)
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19th Capital Group Zone Map Amendment Staff Report, #Z-07251 3
GROWTH POLICY DESIGNATION
The area that is subject to this application is assigned a Community Commercial land use designation, as
shown on the Future Land Use Map in the City’s growth policy. The Community Commercial designation
is described as follows:
Community Commercial. 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
areas are integrated with significant transportation corridors, including transit and non-automotive routes,
to facilitate efficient travel opportunities.
The following growth policy designations are adjacent to the subject property:
North: Stockman Bank, designated Community Commercial.
West: Agricultural uses; designated Community Commercial
East: Agricultural uses; designated Residential which is described as follows:
Residential. This 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
type housing being discouraged. In limited instances the strong presence of constraints and natural
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.
South: Agricultural uses; designated Community Commercial
REVIEW CRITERIA & FINDINGS
According to Section 18.70.020 of the Unified Development Ordinance (UDO), the Bozeman Zoning
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19th Capital Group Zone Map Amendment Staff Report, #Z-07251 4
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 Community Commercial according to the
Bozeman 2020 Community Plan Future Land Use Map, and the proposed B-2 zoning designation
would be in accordance with the adopted growth policy land use designation. Site design will be
evaluated for compliance with Title 18 of the Municipal Code during the site planning review
process. The B-2 zoning would satisfy many 2020 Plan goals and objectives, including:
• Goal 6.6.2, Centers – Designate centers for commercial development rather than
corridors to encourage cohesive neighborhood development in conjunction with
non-motorized transportation options.
The subject property lies within one of the City’s planned commercial centers or “nodes.”
• Goal 7.6.1, Economic Development – Promote and encourage the continued
development of Bozeman as a vital economic center.
Additional commercially zoned property allows the opportunity for additional office, retail,
and service space.
• Goal 6.6.1, Land Use – Create a sense of place that varies throughout the City,
efficiently provide public and private basic services and facilities in close proximity
to where people live and work, and minimize sprawl.
The proposed B-2 district is in the proximity of existing employment centers: MSU,
Genesis Business Park, Stadium Center, and the Technology Park. The larger Community
Commercial Node encompasses property south of Kagy Boulevard, north of Stucky Road
and is bound by South 19th Avenue to the east. This large area is expected to develop with
basic services and employment opportunities necessary for a vibrant community. The area
is expected to become a community “node” with retail trade, education, professional and
personal services, and offices. Multiple residential subdivisions have received approval in
the South 19th Avenue Corridor. Significant amounts of housing units are anticipated in
the area within the next 5-10 years. This Community Commercial node would allow
residents of this area the option to use alternative modes of transportation other than the
automobile.
B. Lessening of congestion in the streets
This site would be serviced by Kagy Boulevard and S. 19th Avenue which are both designated as
arterial streets in the Greater Bozeman Area Transportation Plan 2001 Update. Increased traffic
will certainly occur when the parcel is developed; however, as part of the terms of annexation,
street easements and waivers of right to protest the creation of SIDs are required to allow for
future road improvements. A traffic study may be required upon further development, and the
DRC will evaluate the impacts to the area’s transportation network system and make
recommendations regarding mitigation measures. Transit Service is available in the area and staff
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19th Capital Group Zone Map Amendment Staff Report, #Z-07251 5
expects that as the Community Commercial Node is developed a transit stop and regular service
could be anticipated.
C. Securing safety from fire, panic, and other dangers
The regulatory provisions established in all of the proposed zoning designations, in conjunction
with provisions for adequate transportation facilities, will address safety concerns with any further
subdivision and/or development of the property. Any new structures and development on the
subject property would be required to meet the minimum zoning requirements for setbacks, lot
coverage, height limitations, and lot sizes.
D. Promotion of health and the general welfare
Annexation to the City of Bozeman is being sought for the subject property. Municipal
infrastructure extensions (i.e., water and sanitary sewer) and public services (i.e., police and fire
protection) will be available to the subject site if the City Commission grants the annexation
request. Connection to City water and sewer will generally eliminate the need for wells and on-site
septic systems. Generally, the standards of development, and accompanying development review
processes or building permit applications, 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 Title 18 of the Bozeman Municipal Code 9BMC) for all of the
proposed zoning districts will provide the necessary provisions (i.e., yard setbacks, lot coverage,
open space and building heights), which are intended to provide for adequate light and air for any
additional development on the subject property.
F. Prevention of the overcrowding of land
Minimum yard setbacks, height requirements, maximum lot coverage, and required parking are also
limiting factors that help prevent the overcrowding of land. A 25’ front yard setback is required
along South 19th Avenue.
G. Avoiding undue concentration of population
Compliance with the regulatory standards set forth in the Title 18, BMC and the International
Building Code will aid in providing adequately sized dwelling units to avoid undue concentration of
population. The City Commission has determined that the standards of the B-2, Community
Commercial District, are sufficient to prevent overcrowding.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and
other public requirements
The Bozeman 2020 Community Plan identifies the subject property as lying within the Bozeman
2020 Community Plan’s planning boundary (Figure 6-2) and within the Capital Facilities Overlay
District. The Capital Facilities Overlay District is intended to establish a priority area for
development within the larger scope of the Bozeman 2020 Community Plan future land use plan.
The designation of the Capital Facilities Overlay District designates an area within the long-range
growth area of the City where services would be most efficiently provided in the near term and
where development in the near term would advance the goals of the 2020 Plan.
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19th Capital Group Zone Map Amendment Staff Report, #Z-07251 6
The subject property is within the service area of the new wastewater, water, stormwater and park
facility plans.
An assessment of the impacts to infrastructure, public services, and other community requirements
will be evaluated during further development of the property. Upon further development of the
property, a water and sewer comprehensive design report, a stormwater drainage and grading plan,
and a traffic impact analysis will/may be required to ensure adequate infrastructure capacity and/or
define needed upgrades in order to develop.
Services currently exist as needed to the area being annexed and rezoned. Taxes and fees will be
paid according to the standards established by ordinance for all users within the City. Development
may require additional services which will be provided by the entity developing the site to offset
their own impacts on the various urban services.
I. Reasonable consideration to the peculiar suitability of the property for particular uses.
The 2020 Community Plan identified the area for Community Commercial uses and anticipates
commercial zoning districts. This continues a future land use expectation established through the
planning process. The proposed B-2 district is in the proximity of existing employment centers,
MSU, Genesis Business Park, Stadium Center, and the Technology Park. A larger Community
Commercial Node that includes the subject property encompasses property south of Kagy
Boulevard, north of Stucky Road and is bound by South 19th Avenue to the east. This large area is
expected to develop with basic services and employment opportunities necessary for a vibrant
community. The area is expected to become a community “node” with retail trade, education,
professional and personal services, and offices. Multiple residential subdivisions have received
approval in the South 19th Avenue Corridor. Significant amounts of housing units are anticipated
in the area within the next 5-10 years. This Community Commercial node would allow residents
of this area the option to use alternative modes of transportation other than the automobile to
access employment and services.
J. Conserving the value of buildings
The proposed zoning district should not negatively affect the value of the existing building on-site.
It is anticipated that the existing building will eventually be removed to accommodate development
of the property.
K. Reasonable consideration to the character of the district
AND
L. Encouraging the most appropriate use of land throughout the municipality.
The growth policy is the means by which land use patterns are evaluated and locations for
appropriate uses assigned in a broad fashion. As discussed in several other criteria in this report,
the proposed zoning is in compliance with the adopted growth policy and the adopted land use
development pattern contained within it. There are few physical constraints to the development of
this parcel. The growth policy guidance respecting physical limitations on development are
therefore not applicable. Such restrictions as do exist will be adequately addressed through the
development standards of Title 18, BMC. Therefore, this proposed zoning does encourage the
most appropriate us of land in the municipality.
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19th Capital Group Zone Map Amendment Staff Report, #Z-07251 7
AGENCY REVIEW
The Planning Department has requested written summary-review comments from the Bozeman
Development Review Committee and other applicable review agencies regarding the request for
annexation. 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.
PUBLIC COMMENT
No public comments have been received by the Planning Department as of the writing of this report. 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 for annexation and to establish any initial
municipal zoning designation, the Planning Department recommends the following ZMA contingencies:
1. The applicant shall submit a 24” x 36” mylar zone map titled “19th Capital Group Zone Map
Amendment;” 8½-inch x 11-inch, or 8½-inch x 14-inch paper exhibit; and a digital copy of the
area to be zoned, 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, total acreage of the property and each
zoning district, and adjoining rights-of-way and/or street access easements.
2. 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.
3. The ordinance for the Zone Map Amendment shall not be adopted until the Resolution of
Annexation is signed by the applicant and formally approved by the City Commission. If the
annexation is not approved, the zone map amendment application shall be null and void.
SUMMARY & CONCLUSION
The Planning Department, 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 Monday, January 7, 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.
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19th Capital Group Zone Map Amendment Staff Report, #Z-07251 8
REPORT SENT TO
19th Capital Group, LLC, 19 Lariat Loop, Bozeman, MT 59715
C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
ATTACHMENTS
Applicant’s submittal materials
162
R-4 R-3
B-2
R-4 R-2
S 19TH AVE W KAGY BLVD
STUCKY RD
REMINGTON WAY S 22ND AVE STOCKMAN WAY ALDER COURT LN DISCOVERY DR Proposed
B-2
19th Capital Group Zone Map Amendment
[
Legend
Ditch
Stream
Zoning Boundaries
Parcels
GLWQD Wetlands
Artificial
Natural
County
A-SCounty
A-S
County
R-O
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19th Capital Group ZMA
1
RESOLUTION #Z-07251
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP TO ESTABLISH AN INITIAL ZONING DESIGNATION
OF B-2 (COMMUNITY BUSINESS DISTRICT) ON 3.07 ACRES CONTINGENT
UPON ANNEXATION OF SAID PROPERTY WHICH IS DESCRIBED AS TRACT 1A
OF COS NO. 2008A LOCATED IN THE SE ¼ OF SECTION 14, T2S, R5E, PMM IN
GALLATIN COUNTY MONTANA.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a
public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a
public hearing and submit a report to the City Commission for all zoning map amendment requests;
and
WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of
the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 18.70 of the Bozeman Unified Development Ordinance sets forth the
procedures and review criteria for zoning map amendments; and
WHEREAS, the North 19th Capital Group LLC applied for a zoning map amendment,
pursuant to Chapter 18.70 of the Bozeman Unified Development Ordinance, to amend the
Bozeman zoning map to establish an initial zoning designation of B-2 (Community Business) for
3.07 acres;
WHEREAS, the proposed zoning map amendment request 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 Title 76, Chapter 2, Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on December
18, 2007, to formally receive and review all written and oral testimony on the proposed zoning map
amendment; and
WHEREAS, no members of the public spoke at the public hearing; and
WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning map
amendment generally complies with the twelve criteria for consideration established in Chapter
18.70 of the Bozeman Unified Development Ordinance; and
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19th Capital Group ZMA
2
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning Commission,
on a vote of 3-0, officially recommends to the Bozeman City Commission approval of zoning
application #Z-07251 to amend the Bozeman zoning map to establish an initial zoning designation
of B-2 (Community Business District) on 3.07 acres contingent upon annexation of said property
which is described as tract 1A of COS No. 2008A located in the SE¼ of Section 14, T2S, R5E,
PMM in Gallatin County Montana subject to the following contingencies:
1. The applicant shall submit a 24” x 36” mylar zone map titled “19th Capital Group Zone Map
Amendment;” 8½-inch x 11-inch, or 8½-inch x 14-inch paper exhibit; and a digital copy of
the area to be zoned, 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, total acreage of the
property and each zoning district, and adjoining rights-of-way and/or street access
easements.
2. 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.
3. The ordinance for the Zone Map Amendment shall not be adopted until the Resolution of
Annexation is signed by the applicant and formally approved by the City Commission. If the
annexation is not approved, the zone map amendment application shall be null and void.
DATED THIS DAY OF , 2008, Resolution #Z-07251
_____________________________ ____________________________
Andrew Epple, Planning Director JP Pomnichowski, Chairperson
Dept. of Planning & Community Development City of Bozeman Zoning Commission
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Zoning Commission Minutes from December 18, 2007
Page 1
MINUTES
CITY OF BOZEMAN ZONING COMMISSION,
TUESDAY, DECEMBER 18, 2007
ITEM 1. CALL TO ORDER AND ATTENDANCE
Acting Chairperson Minnick called the meeting to order at 7:03 p.m. and directed the secretary to
record the attendance.
Members Present: Members Absent:
Nathan Minnick, Acting Chairperson JP Pomnichowski, Chairperson (excused)
Peter Harned Warren Vaughan (excused)
Nicholas Lieb
Staff Present: Guests Present:
Brian Krueger, Associate Planner
Shoni Dykstra, Planning Secretary
Chris Saunders, Assistant Director of Planning
Sean Becker, Commissioner Liaison
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 no public comment, Acting Chairperson Nathan Minnick closed this portion of
the meeting.
ITEM 3. MINUTES OF OCTOBER 16, 2007.
Seeing there were no changes or additions to the minutes, Acting Chairperson Minnick approved
the minutes of October 16, 2007 as submitted.
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z-07251 – (19th Capital Group). A Zone
Map Amendment requested by the owners, 19th Capital Group, LLC, and
representative, C&H Engineering and Surveying, Inc, requesting to amend the City
of Bozeman Zone Map to establish an urban zoning designation of B-2
(Community Business District) on 3.0679 acres in conjunction with annexation for
property legally described as Tract 1A, COS 2008-A, located in SE 1/4, Section
14, T2S, R5E, PMM, Gallatin County, Montana. (Krueger)
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Zoning Commission Minutes from December 18, 2007
Page 2
Staff Presentation:
Associate Planner Brian Krueger presented the staff report for the 19th Capital Group Zone Map
Amendment. He noted the tract of approximately 3.07 acres was contiguous to the City and
located south of Kagy Boulevard and west of South 19th Avenue. He noted the zoning request
was for B-2 and is located within a Community Commercial node also containing the Bozeman
Gateway shopping center, the Gallatin Valley Mall, and Montana State University. He noted that
it would be a support center for much of the growth taking place in the southwest sector of the
City. He noted no public or agency comment had been received to date. Staff recommends
approval with the standard contingencies as consistent with the planned approach for the
commercial node at this intersection.
Questions for Staff:
There were no questions for Staff.
Applicant Presentation:
Dan Hitchcock noted the applicant was there to answer any questions the Commission may
have.
Questions for Applicant:
Peter Harned wondered what contact the applicant had with the neighbors to the west and to the
south of the tract. Mr. Hitchcock noted the neighbors had sold two acres of the proposed
application. Acting Chairperson Minnick asked what the applicant had planned for the acreage.
Mr. Hitchcock noted that a decision had not been made but it would be within the B-2 zoning
regulations. Mr. Harned asked the applicant to clarify their decision to apply for B-2 zoning. Mr.
Hitchcock noted the B-2 zoning designation gave them the most options.
Public Comment:
Acting Chairperson Minnick called for public comment, there was none.
Discussion:
Acting Chairperson Minnick stated the proposed B-2 zoning seemed logical. He stated that the
application met the 12 criteria, and the B-2 zoning offered a lot of opportunities for offices.
Nicholas Lieb noted his agreement with Mr. Minnick’s comments especially with Stockman Bank
across the street. He feels the application meets the 12 criteria and is in support of the application.
Mr. Harned noted the blueprint the 2020 Plan establishes. He also noted his concern of traffic
congestion on the south end of the City with 19th being the only arterial. He also stated his hope that
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Page 3
the land owner would follow the 2020 Plan as well.
Motion and Vote:
It was moved by Mr. Harned, seconded by Acting Chairperson Minnick, to recommend
approval of the 19th Capital Group Zone Map Amendment with the recommended
contingencies to the City Commission. The motion passed 3-0.
ITEM 5. NEW BUSINESS
It was noted the next Zoning Commission meeting date was on Wednesday, January 2, 2008 at
7:00 pm.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting adjourned at 7:15 p.m.
_______________________________________ _______________________________________
Nathan Minnick, Acting Chairperson Andrew C. Epple, Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
168
Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman 2020 Community Plan Designation:
169
Page 2
(Development Review Application – Prepared 11/25/03)
11. Gross Area: Acres: Square Feet: 12. Net Area: Acres: Square Feet:
13. Is the Subject Site Within an Overlay District? Yes, answer question 13a No, go to question 14
13a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor
14. Will this application require a deviation(s)? Yes No
15. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan
A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan
B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan
C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan
D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application
E. Special Temporary Use Permit T. Subdivision Preliminary Plat
F. Sketch Plan/COA U. Subdivision Final Plat
G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption
H. Preliminary Site Plan/COA W. Annexation
I. Preliminary Site Plan X. Zoning Map Amendment
J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment
K. Conditional Use Permit Z. Zoning Variance
L. Conditional Use Permit/COA AA. Growth Policy Map Amendment
M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment
N. Administrative Interpretation Appeal Other:
This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee
(see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½-
by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. If 3-ring binders will be used,
they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This
application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be accepted.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and
provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development, approved by the
City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by
the approval authority. Finally, I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project.
I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge.
Applicant’s Signature: Date:
Applicant’s Signature: Date:
Property Owner’s Signature: Date:
Property Owner’s Signature: Date:
Property Owner’s Signature: Date:
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(Zoning Map or Unified Development Ordinance Text Amendment Checklist – Prepared 12/05/03, revised 9/20/04)
ZONING MAP OR UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT CHECKLIST
This checklist shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable)
must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Amendment Type. What type of amendment is being requested? (check all that apply)
Zoning Map Amendment
Unified Development Ordinance Amendment – Zoning Provisions
Unified Development Ordinance Amendment – Subdivision Provisions
B. Zoning Map or UDO Zoning Provision Amendment Criteria. For Zoning Map Amendments and Unified
Development Ordinance Text Amendments involving zoning provisions, written responses for each of the following
criteria shall be provided.
Are written responses for the following criteria provided?
Zoning Provision Criteria Yes No N/A
1. Is the new zoning designed in accordance with the comprehensive plan?
2. Is the zoning designed to lessen congestion in the streets?
3. Will the new zoning promote health and general welfare?
4. Will the new zoning secure safety from fire, panic and other dangers?
5. Will the new zoning provide adequate light and air?
6. Will the new zoning prevent the overcrowding of land?
7. Will the new zoning avoid the undue concentration of population?
8. Will the new zoning facilitate the adequate provision of transportation, water, sewer,
schools, parks, fire, police, and other public requirements?
9. Does the new zoning give consideration to the peculiar suitability of the property for
particular uses?
10. Does the new zoning give reasonable consideration to the character of the district?
11. Was the new zoning adopted with a view to conserving the value of buildings?
12. Will the new zoning encourage the most appropriate use of land throughout such
county or municipal area?
C. UDO Subdivision Provision Criteria. For Unified Development Ordinance Text Amendments involving subdivision
provisions, written responses for each of the following criteria shall be provided.
Are written responses for the following criteria provided?
Subdivision Provision Criteria Yes No N/A
1. Will the amendment provide for the orderly development of the jurisdictional area?
2. Will the amendment provide for the coordination of roads within subdivided land
with other roads, both existing and planned?
3. Will the amendment provide for the dedication of land for roadways and for public
utility easements?
4. Will the amendment provide for the improvement of roads?
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Subdivision Provision Criteria, continued Yes No N/A
5. Will the amendment provide for adequate open spaces for travel, light, air and
recreation?
6. Will the amendment provide for adequate transportation, water and drainage?
7. Will the amendment provide for the regulation of sanitary facilities?
8. Will the amendment provide for the avoidance or minimization of congestion?
9. Will the amendment provide for the avoidance of subdivision which would involve
unnecessary environmental degradation and the avoidance of danger of injury to
health, safety or welfare by reason of natural hazard or the lack of water, drainage,
access, transportation, or other public services or would necessitate an excessive
expenditure of public funds for the supply of such services?
I (We), the undersigned, hereby certify that the information contained in this application is true and correct to the best
of my (our) knowledge.
Property Owner’s Signature(s) Date
State of
County of
On this day of , 20 , before me, a Notary Public for the State of ,
personally appeared ,
known to me to be the person(s) whose name(s) is(are) subscribed to the above instrument and acknowledge to me that
he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above
written.
Notary Public for State of
Residing at
My Commission Expires
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ZONING PROVISION CRITERIA
19 CAPITAL GROUP ZMATH
1.Is the new zoning designed in accordance with the comprehensive plan?
The proposed project is within the Bozeman 2020 Community Planning Area with a land use
of Community Commercial. The proposed B-2 Zoning is consistent with zoning intended for
areas identified as Community Commercial.
2.Is the new zoning designed to lessen congestion in the streets?
The zoning change is not being requested with the specific intention to lessen traffic. Any
significant impacts attributed to the development of this property will need to be mitigated. The
development will likely be restricted to right in/out accesses at points as far as possible from the
intersection of Kagy Boulevard and South 19 Avenue.th
3.Will the new zoning promote health and general welfare?
Development of the subject property will require review and approval by the Montana
Department of Environmental Quality and the City of Bozeman. Municipal infrastructure and
public services will be extended to the property. The existing septic system will be properly
abandoned decreasing the potential for groundwater degradation. The development and change
in land use will contribute directly to the tax base of the City.
4.Will the new zoning secure safety from fire, panic and other dangers?
The new zoning provides safety from fire, panic and other dangers by giving the public service
providers the opportunity to review and comment on any proposed site layouts and uses. Local
service providers will be included in the site planning process to ensure that any impacts needing
mitigation are addressed.
5.Will the new zoning provide adequate light and air?
The city zoning is designed with provisions for adequate light and air, such as open space
considerations, lot coverage, building height restrictions, setbacks, etc..
6.Will the new zoning prevent the overcrowding of land?
The proposed zoning has minimum yard setbacks as well limitations for lot coverage. Such
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standards prevent the overcrowding of land and maintain compatibility with the surrounding
area.
7.Will the new zoning avoid the undue concentration of population?
The new zoning will avoid the undue concentration of population by providing a pocket of
businesses and services located at a major street intersection. This enables people to utilize
services closer to home or along their travel path. This decreases congestion in the downtown
core and avoids the undue concentration of population.
8.Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools,
parks, fire, police, and other public requirements?
The proposed development is located immediately adjacent to the City of Bozeman limits. Fire
and police service is nearby with direct access from South 19 Avenue and Kagy Boulevard.th
The property is currently within the Sourdough Fire District. Public water and sewer extensions
required to service the project will be funded by the developer. Sacajawea Middle School and
Morning Star Elementary School are located within 2 miles of this property.
9.Does the new zoning give consideration to the peculiar suitability of the property for particular
uses?
Yes, the subject property is located at the corner of the intersection of two Principal Arterial
roadways. This is an ideal location for business which fall within the uses allowed in the B-2
zoning district. The new zoning is identical to that which exists directly across Kagy Boulevard
in Kagy Crossroads Subdivision.
10.Does the new zoning give reasonable consideration to the character of the district?
Yes, the proposed zoning change is consistent with the adjacent developments. Properties to the
east and south are undeveloped but are located in an area of anticipated growth that is identified
as Community Commercial and Residential in the City’s growth policy.
11.Was the new zoning adopted with a view to conserving the value of buildings?
Yes, zoning the property guarantees that development will continue in a consistent manner with
the adjacent properties within the City. This ensures that the new land use will not be one which
degrades the value of the surrounding properties.
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12.Will the new zoning encourage the most appropriate use of land throughout such county or
municipal area?
The proposed zoning is consistent with the land use identified in the City’s growth
policy(Community Commercial). The property is on the edge of City limits and is becoming
surrounded by properties annexed into the City. Meadow Creek Subdivision is located to the
south and west. It is logical that this property be annexed into the City as opposed to being left
as a pocket of County.
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