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HomeMy WebLinkAboutWenzel-Smiley Zone Map Amendment Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders Andrew Epple Chris Kukulski SUBJECT: Z-09097, Wenzel-Smiley Zone Map Amendment in conjunction with annexation at 2502 W. Babcock Street MEETING DATE: Monday, July 20, 2009 AGENDA ITEM TYPE: Action. RECOMMENDATION: Approve initial zoning of R-3 Medium Density Residential District on the parcels at 2502 W. Babcock Street, known as the Wenzel-Smiley ZMA. BACKGROUND: The City received an application for annexation and initial zoning on May 27, 2009. The property is located at 2502 West Babcock Street and is wholly surrounded by the City. The parcel is about .42 acres in size and has a single home on it. The Zoning Commission recommended favorably on the request for initial zoning at their public hearing on July 7th. No public comment has been received regarding this application. The application appears to satisfy the statutory requirements as indicated in the attached staff report. FISCAL EFFECTS: None Expected ALTERNATIVES: As suggested by the City Commission. Attachments: Application Staff Report Zoning Commission minutes and resolution Report compiled on: July 15, 2009 Wenzel-Smiley ZMA – STAFF REPORT 1 WENZEL-SMILEY ZONE MAP AMENDMENT FILE NO. Z-09097 BOZEMAN ZONING COMMISSION STAFF REPORT Item: Zoning Application No. Z-09097 – An application to amend the City of Bozeman Zone Map to establish an initial municipal zoning designation on approximately .4282± acres of land as “R-3”, (Residential Medium District), at 2502 West Babcock Street, Bozeman MT Owner/Applicant: Steve Wenzel and Susan Smiley, 52 Stafford Avenue, Bozeman, MT 59718 Date/Time: Before the Bozeman Zoning Commission on Tuesday, July 7, 2009 at 7:00 PM in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and before the Bozeman City Commission on Monday, July 20, 2009 at 6:00 PM in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana Report By: Chris Saunders, Assistant Director City of Bozeman Department of Planning and Community Development Recommendation: Approval with Contingencies ---------------------------------------------------------------------------------------------------------------------------- Location/Description: The subject property is legally described as Certificate of Survey 63 & the plat shown on Film 144 page 538, book of deeds, situated in the SE ¼, Section 11, T2S, R5E, PMM, Gallatin County, Montana, being approximately 0.4282± acres in size. The site is located at the southwest of the intersection of West Babcock Street and North 25th Avenue. Please refer to the vicinity map below. 255 Wenzel-Smiley ZMA – STAFF REPORT 2 RECOMMENDED CONDITIONS OF APPROVAL Based upon review and consideration by the Development Review Committee and Planning Staff, and after evaluation of the proposed zoning against the criteria set forth in 18.70.020 of the Unified Development Ordinance and Section 76-2-304 Montana Codes Annotated, the Planning Staff recommends Approval of the requested Zone Map Amendment. If the City Commission chooses to annex the subject property, staff recommends approval of a municipal zoning designation of “R-3” (Residential Medium Density District), contingent on the following terms and contengencies: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as “Wenzel-Smiley Residence Zone Map Amendment”. 2. That the Ordinance of the Zone Map Amendment shall not be adopted until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the application shall be null and void. 3. That the applicant submit a zone amendment map, titled “Wenzel-Smiley Residence 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. 4. 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. Proposal: The landowner has made application to the City of Bozeman for a Zone Map Amendment to amend the City of Bozeman Zone Map and establish an initial municipal zoning designation of “R-3” (Residential Medium Density District) on approximately 0.4282 acres, contingent on annexation. The proposed zone map amendment is being reviewed concurrently with the applicant’s request for annexation to the corporate limits of the City of Bozeman. Both planning applications are currently scheduled before the City Commission for July 20, 2009. The landowner/applicant is requesting to annex the subject property to access municipal services. The subject property is currently located outside the corporate limits of the City of Bozeman, is under the jurisdiction of the Gallatin County, Zoning District #1, and is currently zoned as “R” (Residential District). The intent of the “R” residential district is to develop residences and provides for single household and two-household residences as primary uses. 256 Wenzel-Smiley ZMA – STAFF REPORT 3 With review and a formal recommendation of this application for a Zone Map Amendment by the Zoning Commission, the application is dependent on the City Commission approving the request for annexation. This also requires completion of the terms and contingencies of the annexation by the applicant/landowner prior to amendment of the City of Bozeman Zone Map. The parcel is westernmost of a group of three wholly surrounded residential parcels near the intersection of 25th Avenue and Babcock Street. The existing single household residence was constructed in 1954. The City has been annexing individual properties along the Babcock corridor as applications have been received. The site has a failed on-site septic system and City water and sewer services are immediately adjacent. Adjacent Land Uses & Zoning The subject property is currently occupied by a single family residence. The site was developed as a single lot and not as part of a larger subdivision. The following land uses and zoning are adjacent to the subject property: North: Primarily annexed lands zoned “R-3” (Residential Medium Density District) and “R-2” (Residential Two-household, Medium Density District) with some unannexed County areas to the NW along Western Drive. South: Annexed lands zoned B-2 (Community Business District). East: Unannexed county lands zoned “R” (County Zoning District One) developed as single household. West: Annexed land zoned “R-3” (Residential Medium Density District). REVIEW CRITERIA: The Bozeman Planning Office has reviewed the application for a Zone Map Amendment against the Bozeman Community Plan, the City of Bozeman Zoning Ordinance, and the twelve (12) criteria established in Section 76-2-304, Montana Codes Annotated, and as a result offer the following summary-review comments for consideration by the Zoning Commission and City Commission. 1. Is the new zoning designed in accordance with the comprehensive plan? Figure 3-1, Future Land Use Map of the Bozeman Community Plan designates the property to develop as “Residential”. The description of this category reads as follows: “This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential 257 Wenzel-Smiley ZMA – STAFF REPORT 4 zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation 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 between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are 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 category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area.” There are no known constraints and natural features which would limit the selection of zoning district for this parcel. The “R-3” designation would implement the Residential land use designation. The intent and purpose of the “R-3” zoning is to provide for 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 property being considered for rezoning is planned for residential uses. The current development on the proposed annexation site complies with the description of the Residential planning designation. The surrounding area is similar is use to the uses and development pattern allowed in the R-3 district. The property is adjacent to existing R-3 zoning on two sides. Two objectives from the growth policy are presented below which illustrate conformance between the growth policy and the identified zoning district. Objective LU-1.1: The land use map and attendant policies shall be the official guide for the development of the City and shall be implemented through zoning regulations, capital improvements, subdivision regulations, coordination with other governmental entities, and other implementation strategies. Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design. 2. Is the new zoning designed to lessen congestion in the streets? The purpose for the annexation request and zone map amendment is to access municipal infrastructure and public services. Future further development of the property at urban density would also be possible. Babcock Street provides direct access to the property and is adequate to address the reasonably anticipated needs associated with this zoning. During subdivision and/or site plan review of any development proposal on the property the D.R.C. will further identify any potential impacts to the area’s transportation network system generated by additional traffic from this site, and determine appropriate mitigating measures. 258 Wenzel-Smiley ZMA – STAFF REPORT 5 3. Will the new zoning secure safety from fire, panic and other dangers? Local emergency service agencies (fire and police) and the Development Review Committee have provided preliminary comments on the development proposal during annexation review to ensure that provisions are in place to mitigate any impacts from fire, panic and other dangers. Further development of the property will require evaluation by the Development Review Committee and other applicable review agencies to identify and mitigate any potential impacts to the area. No unusual hazards unique to the site have been identified. 4. Will the new zoning promote health and general welfare? The regulatory provisions established through the City’s municipal code under Title 18, Unified Development Ordinance, BMC, will adequately address the issues of health and general welfare. Further development of the subject property requires review and approval by the City. Development issues related to municipal infrastructure (i.e., water and sanitary sewer) and public services (i.e., police and fire protection) will be addressed with subdivision and/or site plan review. Municipal infrastructure is available adjacent to the property to service the site. 5. Will the new zoning provide adequate light and air? The regulatory standards set forth in the City of Bozeman Zoning Ordinance for the requested “R-3” zoning district provides 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 proposed development on the subject property. 6. Will the new zoning prevent the overcrowding of land? The minimum yard setbacks established in the “R-3” district, as well as the limitations of lot coverage for principal and accessory structures and off-street parking facilities would maintain the desired percent of buildable area for individual lots. The yard setbacks for the “R-3” district on this site are, front – 20’ collector street adjacency; rear – 20 feet, and side – 5 feet. Such regulatory standards should prevent the overcrowding of land, and maintain compatibility with the character of the surrounding area. 7. Will the new zoning avoid the undue concentration of population? Compliance with the regulatory standards set forth in the Unified Development Ordinance (i.e., setbacks, lot coverage, parking, and height limitations) is necessary and will ensure that adequately sized subdivision lots are created; and therefore, avoid undue concentration of population. 8. Will the new zoning facilitate the adequate provisions of transportation, water, sewer, schools, parks, fire, police and other public requirements? An assessment of the impacts to infrastructure, public services, schools, park land, and other community requirements will be evaluated during preliminary subdivision plat and/or site plan review. Said impacts identified with development of the property will be mitigated with 259 Wenzel-Smiley ZMA – STAFF REPORT 6 recommended conditions of approval by the D.R.C. with a determination made by the governing body on adequate provisions. The D.R.C. has determined that municipal infrastructure is located in the area and may be extended to the property by the landowner/developer for further development of the site. Emergency services are currently serving this area, and municipal police and fire are within adequate response time of the site. The review agencies of the City will have the opportunity to further evaluate the development of the property during the above-described review procedures. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The proposed zoning gives reasonable consideration to the character of the district by matching the existing uses already annexed to the City to the north. The suggested R-3 district also is the same as the property to its immediate western boundary and to the NE. Any future development within the proposed “R-3” district must provide proper setbacks from property lines and comply with all other standards. However, the “R-3” regulatory standards and setbacks are less restrictive than those within the “R” district established by Gallatin County. It is expected that the other county properties, which are wholly surrounded by the City and are a minority of the development pattern in the area, will be annexed over time. Thus, the proposed zoning appears to give reasonable consideration to the peculiar suitability of the property as it relates to annexed property to the north, west, and south. 10. Does the new zoning give reasonable consideration to the character of the district? The site is occupied by a single-household residential dwelling and is consistent with subdivisions in the immediate area currently developed for residential land uses. There is a mix of different types of housing in the near vicinity. As a result, the proposed “R-3” is consistent with the land use residential types in the area. 11. Was the new zoning adopted with a view of conserving value of buildings? The proposed district is compatible with other adjacent zoning designations in the area. The transportation network serving the area is adequate, and the availability of municipal water and sanitary sewer will reduce the likehood of degradation of groundwater and septic failure in the area. This reduces the possibility of negative impacts to adjacent owners and encourages the conservation of building values in the area. The proposed zoning is consistent with the current uses on the property and will not cause non-conformities. 12. Will the new zoning encourage the most appropriate use of the land through the municipal area? The adopted growth policy is the means by which land use patterns are evaluated and locations for appropriate uses assigned in a broad fashion. To achieve the expected urban residential density of six (6) dwelling units per acre for residential development (i.e., page 3-6 of Bozeman Community Plan) the proposed “R-3” is an appropriate zoning designation. PUBLIC COMMENT 260 Wenzel-Smiley ZMA – STAFF REPORT 7 As of the writing of this staff report, the City of Bozeman Department of Planning and Community Development has received no public testimony on the matter. Any written comments received by the Planning Office will be forwarded to the Zoning Commission and City Commission during the public hearings. SUMMARY & CONCLUSION The Department of Planning and Community Development, Development Review Committee, and other applicable review agencies have reviewed the proposed Zone Map Amendment application and have provided summary review comments as outlined above in the staff report; and as a result, recommend approval of the application to establish an initial municipal zoning designation of “R-3” (Residential Medium Density District). The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City Commission for consideration at its public hearing scheduled for Monday, July 20, 2008. The City Commission will make the final decision on the application. IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 20% OR MORE OF THE LOTS IMMEDIATELY ADJACENT TO OR WITHIN 150 FEET FROM THE STREET FRONTAGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. REPORT SENT TO Steve Wenzel and Susan Smiley, 52 Stafford Avenue, Bozeman, MT 59718 ATTACHMENTS ZMA Application & Map Applicant’s response to ZMA criteria 261 1 Zoning Commission Minutes – July 7, 2009 MINUTES WEDNESDAY, JULY 7, 2009 ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Pomnichowski called the meeting to order at 7:03 p.m. and ordered the Recording Secretary to take attendance. Members Present: Peter Harned Nathan Minnick JP Pomnichowski City Commission Liaison Sean Becker Members Absent: Nick Lieb Staff Present: Doug Riley, Associate Planner Tara Hastie, Recording Secretary Guests Present: Steve Wenzel Susan Smiley ITEM 2. PUBLIC COMMENT (0-15 MINUTES) {Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.} Seeing there was no public comment forthcoming, Chairperson Pomnichowski closed this portion of the meeting. ITEM 3. MINUTES OF APRIL 21, 2009 Seeing there were no changes or additions to the minutes, Chairperson Pomnichowski approved the minutes of April 21, 2009 as submitted. ITEM 4. PROJECT REVIEW 1. Zone Map Amendment Application #Z-09097 – (Wenzel/Smiley ZMA) A Zone Map Amendment requested by the owner and applicant, Steve Wenzel/Susan Smiley, requesting to establish an urban zoning designation of R-3 (Residential Medium Density District) on .4284 acres in conjunction with annexation for property legally described as Tract in SE ¼, C.O.S. 63, Film 144, Book of Deeds 262 2 Zoning Commission Minutes – July 7, 2009 Page 538, Sec. 11, 2S, 5E, Gallatin County, Montana. (Riley for Saunders) Associate Planner Doug Riley presented the Staff Report on behalf of Assistant Director Chris Saunders. He noted the request for annexation and zoning of the property was due to a failed septic system and noted its location was on the south side of West Babcock Street. He stated Staff had recommended a zoning designation of R-3 for the property due to the adjacent zoning designations and land uses; he noted those uses adjacent to the property. He noted the permitted uses allowable in the R-3 zoning designation and those uses that would require Conditional Use Permit Application. He directed the Commission to a photograph of what existed on the site and added that Staff was supportive of the proposal as presented. Chairperson Pomnichowski asked Planner Riley if a legal non-conforming use would exist on the property if the existing single-family home remained. Planner Riley responded the R-3 zoning allowed a single-family residence as a principal use. Chairperson Pomnichowski asked why a variance had been requested. Planner Riley responded it was to allow the applicant to immediately hook up to City services. Steve Wenzel, applicant, stated he had nothing to add to Planner Riley’s statements. Chairperson Pomnichowski asked if the applicant had any desire to expand to the number of dwelling units allowed under the R-3 zoning. Mr. Wenzel responded he had no intention of expanding at this time. Chairperson Pomnichowski stated she was in agreement with Staff findings and found the application to be in keeping with the twelve review criteria for a zone map amendment approval. She stated she recommended approval of the application. MOTION: Vice Chairperson Minnick moved, Mr. Harned seconded to forward a recommendation of approval for Zone Map Amendment Application #Z-09097 with Staff conditions. The motion carried 3-0. ITEM 5. NEW BUSINESS There was no new business forthcoming. ITEM 6. ADJOURNMENT The Zoning Commission meeting was adjourned at 7:12 p.m. _______________________________________ _______________________________________ JP Pomnichowski, Chairperson Doug Riley, Associate Planner Zoning Commission Dept. of Planning & Community Development City of Bozeman City of Bozeman 263 Wenzel-Smiley Zone Map Amendment 1 RESOLUTION #Z-09097 RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION RECOMMENDING APPROVAL OF A ZONE MAP AMENDMENT APPLICATION THAT WOULD ESTABLISH AN INITIAL MUNICIPAL ZONING AT 2502 W BABCOCK STREET. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map and subdivision regulations through its Unified Development Ordinance pursuant to Sections 76-2- 301, 76-2-302, and 76-3-501 M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning regulations 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 regulation 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 applicant applied for a Unified Development Ordinance map amendment, pursuant to Chapter 18.70 of the Bozeman Unified Development Ordinance, to establish initial municipal zoning in conjunction with annexation of land; and WHEREAS, the amendment request has been properly submitted, reviewed and advertised in accordance with the procedures set forth in 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 July 7, 2009, to formally receive and review all written and oral testimony on the proposed text amendment; and WHEREAS, no members of the public submitted written or oral testimony on the proposed text amendment; and WHEREAS, the Zoning Commission discussed the proposed amendments; and 264 Wenzel-Smiley Zone Map Amendment 2 WHEREAS, after considering staff’s recommendation and discussion amongst Commission members, the Zoning Commission found that the application generally complied with the Review Criteria; NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning Commission officially recommends to the Bozeman City Commission that the application for initial zoning of R-3, Medium Density Residential be approved: DATED THIS DAY OF , 2009, Resolution #Z-09097 _____________________________ ____________________________ Doug Riley JP Pomnichowski, Chairperson Dept. of Planning & Community Development Bozeman Zoning Commission 265 266 267 268 269 270 271 272