HomeMy WebLinkAboutBaxter Creek-Floweree Zone Map Amendment
CommissionMemorandum
REPORTTO:
HonorableMayorandCityCommission
FROM:
BrianKrueger
Andrew Epple
ChrisKukulski
SUBJECT:
Z-09186,BaxterCreek-FlowereeZoneMapAmendmentontheW ½ SE
¼SE¼ofSection9,Township2S,Range5E.
MEETINGDATE:
Monday,November2,2009
AGENDAITEMTYPE:
Action
RECOMMENDATION:
Approvechangeofzoningdesignationonapproximately18.23acres
oflandfrom“B-P”,(BusinessParkDistrict)to“B-2”(CommunityBusinessDistrict),on
propertylocatedintheW ½ SE¼SE¼ofSection9, T2S,R5E,P.M.M.,GallatinCounty,
Montana,knownastheBaxterCreek-Floweree ZMA.
BACKGROUND:
TheCityreceivedanapplicationforazonemapamendmentonSeptember
2,2009. Thepropertyislocatedonthenorth sideofU.S.Highway191approximately1000feet
westofCottonwoodRoad. Theparcelisabout18.23acresin sizeandisundeveloped. The
ZoningCommissionrecommendedfavorablyontherequestforinitialzoningattheirpublic
hearingonOctober20,2009.Nopubliccommenthasbeenreceivedregardingthisapplication.
Theapplicationappearstosatisfythestatutoryrequirementsasindicatedintheattachedstaff
report.
FISCALEFFECTS:
None Expected
ALTERNATIVES:
AssuggestedbytheCityCommission.
Attachments:Application
StaffReport
ZoningCommissionminutesandresolution
Reportcompiledon:October27,2009
FILE NO. Z-09186
BAXTER CREEK-FLOWEREE ZONE MAP AMENDMENT
BOZEMAN ZONING COMMISSION STAFF REPORT
Item:ZoningApplicationNo.Z-09186–AnapplicationtoamendtheCityof
BozemanZoneMaptochangethemunicipalzoningdesignationon
approximately.18.23±acresoflandfrom“B-P”,(BusinessParkDistrict)
to“B-2”(CommunityBusinessDistrict),onpropertylocatedintheW ½ SE
¼SE¼ofSection9,T2S,R5E,P.M.M.,GallatinCounty,Montana
Applicant/Owner:FlowereeFamily,LLC
c/oJonFloweree
POBox820
Bend,OR97709
Representative:ThinkTankDesignGroup,Inc.
600NorthWallaceLoft#3
Bozeman,MT59715
Date/Time:BeforetheBozemanZoningCommissiononTuesday,October20,2009at
7:30PMintheCommissionMeetingRoom,CityHall,121NorthRouse
AvenueBozeman,MontanaandbeforetheBozemanCityCommissionon
Monday,November2,2009at6:00PMintheCommissionMeetingRoom,
CityHall,121NorthRouseAvenueBozeman,Montana
ReportBy:BrianKrueger,Associate Planner
CityofBozemanDepartmentofPlanningandCommunityDevelopment
Recommendation:Approvalof“B-2”withContingencies
----------------------------------------------------------------------------------------------------------------------------
Location/Description:
theW ½ SE¼SE ¼ ofSection9,Township2S,Range5E
Thepropertyislegallydescribedas:,city
ofBozeman,GallatinCounty,Montana.,beingapproximately18.23±acresinsize.Thesiteislocated
onthenorthsideofU.S.Highway191approximately1000feetwestofCottonwoodRoad.Please
refertothevicinitymaponthefollowingpage.
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Baxter Creek-FlowereeZMAStaffReport,#Z-09186
RECOMMENDEDCONTINGENCIES
BaseduponreviewandconsiderationbytheDevelopmentReviewCommitteeandPlanningStaff,and
afterevaluationoftheproposedzoningagainstthecriteriasetforthin18.70.020oftheUnified
DevelopmentOrdinanceandSection76-2-304MontanaCodesAnnotated,thePlanningStaff
recommendsapprovaloftherequestedZoneMapAmendment.
Staffrecommendsapprovalofamunicipalzoningdesignationof“B-2”(CommunityBusiness
District),contingentonthefollowingtermsandcontengencies:
1.Alldocumentsandexhibitsnecessarytoestablishanewmunicipalzoningdesignationshallbe
identifiedas“BaxterCreek-FlowereeZoneMapAmendment”.
2.Allexhibitsshallshowthesouthernboundaryofthezonemapamendmentasthesouthernedgeof
theMontanaDepartmentof Transportationright-of-wayforHuffine Lane/Highway191.
3.Thattheapplicantsubmitazoneamendmentmap,titled“BaxterCreek-FlowereeZoneMap
Amendment”,ona24”by36”mylar,8½”by11”or8½”by14”paperexhibit,andadigitalcopyof
theareatobezoned,acceptabletotheDirectorofPublicService,whichwillbeutilizedinthe
preparationoftheOrdinancetoofficiallyamendtheCityofBozemanZoningMap.Saidmapshall
containingametesandboundslegaldescriptionoftheperimeterofthesubjectproperty,totalacreage
ofthepropertyandadjoiningrights-of-wayand/or streetaccesseasements.
4.ThattheOrdinancefortheZoneMapAmendmentshallnotbedrafteduntiltheapplicantprovides
ametesandboundslegaldescriptionpreparedbyalicensedMontanasurveyorandmapoftheareato
berezoned,whichwillbeutilizedinthepreparationoftheOrdinancetoofficiallyamendthezonemap
5.ThispropertywasincludedintheValleyWestSewerSID.Thetotalaveragedailyflowallocated
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tothepropertywas28,800gpd.Futuredevelopmentofthepropertyshallbelimitedtothisdischarge
untilsuchtimeasthenewtrucksewermaintoservethepropertyisinstalledasshowninthe
WastewaterFacilityPlan.
Proposal:
ThelandownerhasmadeapplicationtotheBozemanPlanningOfficeforaZoneMapAmendmentto
amendtheCityofBozemanZoneMapandchangethemunicipalzoningdesignationontheproperty
fromB-P(BusinessParkDistrict)toB-2(CommunityBusiness)onapproximately18.23acres.
ThesubjectpropertyiscurrentlylocatedwithinthecorporatelimitsoftheCityofBozemanandis
currentlyzonedas“B-P”(BusinessParkDistrict).Theintentofthe“B-P”businessparkdistrictisto
provideforhighqualitysettingsandfacilitiesforthedevelopmentofavarietyofcompatible
employmentopportunities.Theseareasshouldbedevelopedsoastorecognizetheimpacton
surroundingoradjacentdevelopmentandcontributetotheoverallimageofthecommunity.
Compatibilitywithadjacentlandusesandzoningisrequired.
LandClassificationandZoning:
ThesubjectpropertyiscurrentlyvacantandundevelopedandzonedB-P(BusinessParkDistrict).
Thefollowinglandusesandzoningareadjacenttothesubjectproperty:
North:Vacant(i.e.,FutureBillionAutoDealershipandvacantresidentialland)zoned“R-4”
(ResidentialHighDensityDistrict)and“B-2”(CommunityBusinessDistrict).
South:LoyalGardenSubdivisionzoned“R-3”(ResidentialMediumDensityDistrict)and“R-
4”(ResidentialHighDensityDistrict).
East:BillionAutoDealershipzoned“B-P”(BusinessParkDistrict).
West:NortonAnnexation,vacantzoned“B-P”(BusinessParkDistrict)and“R-O”
(ResidentialOfficeDistrict).
REVIEWCRITERIA:
TheBozemanPlanningOfficehasreviewedtheapplicationforaZoneMapAmendmentagainstthe
BozemanCommunityPlan,theCityofBozemanZoningOrdinance,andthetwelve(12)criteria
establishedinSection76-2-304,MontanaCodesAnnotated,andasaresultofferthefollowing
summary-reviewcommentsforconsiderationbytheZoningCommissionandCityCommission.
1.Isthenewzoningdesignedinaccordancewiththecomprehensiveplan?
TheFutureLandUseMapoftheBozemanCommunityPlandesignatesthepropertytodevelop
as“CommunityCommercialMixedUse.”Activitieswithinthislandusecategoryarethebasic
employmentandservicesnecessaryforavibrantcommunity.Establishmentslocatedwithin
thesecategoriesdrawfromthecommunityasawholefortheiremployeeandcustomerbase
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andaresizedaccordingly.Abroadrangeoffunctionsincludingretail,education,professional
andpersonalservices,offices,residences,andgeneralserviceactivitiestypifythisdesignation.
Inthe“center-based”landusepattern,CommunityCommercialMixedUseareasareintegrated
withsignificanttransportationcorridors,includingtransitandnon-automotiveroutes,to
facilitateefficienttravelopportunities.Thedensityofdevelopmentisexpectedtobehigher
thancurrentlyseeninmostcommercialareasinBozemanandshouldincludemulti-story
buildings.AFloorAreaRatioinexcessof.5isdesired.Itisdesirabletoallowresidenceson
upperfloors,inappropriatecircumstances.Urbanstreetscapes,plazas,outdoorseating,public
art,andhardscapedopenspaceandparkamenitiesareanticipated,appropriatelydesignedfor
anurbancharacter.Placedinproximitytosignificantstreetsandintersections,anequal
emphasisonvehicle,pedestrian,bicycle,andtransitcirculation shallbeprovided.Highdensity
residentialareasareexpectedincloseproximity.Includingresidentialunitson siteswithinthis
category,typicallyonupperfloors,willfacilitatetheprovisionofservicesandopportunitiesto
personswithoutrequiringtheuseofanautomobile.
TheCommunityCommercialMixedUsecategoryisdistributedattwodifferentscalestoserve
differentpurposes.LargeCommunityCommercialMixedUseareasaresignificantinsizeand
areactivitycentersforanareaofseveralsquaremilessurroundingthem.Theseareintendedto
servicethelargercommunityaswellasadjacentneighborhoodsandaretypicallydistributedon
aonemileradius.SmallerCommunityCommercialareasareusuallyinthe10-15acresize
rangeandareintendedtoprovideprimarilylocalservicetoanareaofapproximatelyone-half
mileradius.Thesecommercialcenterssupportandhelpgiveidentitytoindividual
neighborhoodsbyprovidingavisibleanddistinctivefocalpoint.
Theyshouldtypicallybelocatedononeortwoquadrantsofintersectionsofarterialsand/or
collectors.Althoughabroadrangeofusesmaybeappropriateinbothtypesoflocationsthe
sizeand scaleistobe smallerwithinthelocalserviceplacements.
Mixeduseareasshouldbedevelopedinanintegrated,pedestrianfriendlymannerandshould
notbeoverlydominatedbyanysinglelanduse.Higherintensityemploymentandresidential
usesareencouragedinthecoreoftheareaoradjacenttosignificantstreetsandintersections.
Asneeded,buildingheighttransitionsshouldbeprovidedtobecompatiblewithadjacent
development.
The“B-2”(CommunityBusinessDistrict)zoningdesignationwouldimplementthe
CommunityCommercialMixedUselandusedesignation.Theintentandpurposeofthe“B-2”
zoningistoprovideforabroadrangeofmutually supportiveretailandservicefunctionslocated
inclusteredareasborderedononeormore sidebylimitedaccessarterialstreets.
2.Isthenewzoningdesignedtolessencongestioninthestreets?
ThesubjectpropertyisborderedononesidebyamajorstreetinHuffineLane/StateHighway
191.AnextensionofFallonStreetplannedforwiththedevelopmentoftheNortonEastmajor
subdivisionwouldprovideasecondaryaccesstothesitefromthenorth.Increasedtrafficwill
certainlyoccurwhenbusinessesaredevelopedonthissite;however,aspartofthetermsofany
futuresiteplanorcommercialsubdivisionforthissite,streetimprovementsincludingpaving,
curb/gutter,sidewalkandstormdrainagefacilities,wouldberequired..Atrafficstudywillalso
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berequireduponfurtherdevelopment,andtheDRCwillevaluatetheimpactstothearea’s
transportationnetwork systemandmakerecommendationsregardingmitigationmeasures.
Highway191/HuffineLaneisaMontanaDepartmentofTransportationjurisdictionalroute
withintheCityofBozeman.MDTapprovalisrequiredforallimprovements.
3.Willthenewzoningsecuresafetyfromfire,panicandotherdangers?
Theregulatoryprovisionsestablishedinalloftheproposedzoningdesignations,inconjunction
withprovisionsforadequatetransportationfacilities,properlydesignedwatermainsandfire
servicelinesandadequateemergencyexits/escapes,willaddresssafetyconcernswithany
furthersubdivisionand/ordevelopmentoftheproperty.Allnewstructuresanddevelopment
onthesubjectpropertywouldberequiredtomeettheminimumzoningrequirementsfor
setbacks,lotcoverage,heightlimitationsandlotsizestoensurethehealth,safetyandgeneral
welfareofthecommunity.PerChapter18.02oftheUDO,theCityofBozeman’shasthe
authorityandpowertoaskformorethantheminimumstandardsifitensuresthebestserviceto
thepublicinterest.
4.Willthenewzoningpromotehealthandgeneralwelfare?
TheregulatoryprovisionsestablishedthroughtheCity’smunicipalcodeunderTitle18,
UnifiedDevelopmentOrdinance,BMC,willadequatelyaddresstheissuesofhealthand
generalwelfare.Furtherdevelopmentofthesubjectpropertyrequiresreviewandapprovalby
theMontanaDepartmentofHealthandEnvironmentalSciences,CityEngineer'sOfficeand
DirectorofPublicService.Engineeringhasproposedaconditionontheprojecttorestrict
availablesewerflowfromthepropertyuntilsuchtimethatadequateinfrastructureexiststo
supportadditionaldevelopment.
Additionaldevelopmentissuesrelatedtomunicipalinfrastructure(i.e.,waterandsanitary
sewer)andpublicservices(i.e.,policeandfireprotection)willbeaddressedwithsubdivision
and/orsiteplanreview.WaterinfrastructureisavailableinHuffineLaneandSewer
infrastructureisavailableinCottonwoodRoadtoservicethe site.
5.Willthenewzoningprovideadequatelightandair?
TheregulatorystandardssetforthintheCityofBozemanZoningOrdinancefortherequested
“B-2”zoningdistrictprovidesthenecessaryprovisions(i.e.,yardsetbacks,lotcoverage,open
spaceandbuildingheights),whichareintendedtoprovideforadequatelightandairforany
proposeddevelopmentonthesubjectproperty.
6.Willthenewzoningpreventtheovercrowdingofland?
Theminimumyardsetbacksestablishedinthe“B-2”district,aswellasthelimitationsoflot
coverageforprincipalandaccessorystructuresandoff-streetparkingfacilitieswouldmaintain
thedesiredpercentofbuildablearea.Minimumyardsetbacks,heightrequirements,maximum
lotcoverageandrequiredparkingarealsolimitingfactorsthathelppreventtheovercrowding
ofland.Alsoatthetimeoffurtherdevelopment,wetlanddelineation(asdescribedinChapter
18.48oftheUDO)willnoteareasofthesubjectpropertythatareunacceptableforanyformof
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development.Suchregulatorystandardsshouldpreventtheovercrowdingofland,and
maintaincompatibilitywiththecharacterofthesurroundingarea.
7.Willthenewzoningavoidtheundueconcentrationofpopulation?
Futuredevelopmentofthesubjectpropertyasre-zonedunderthisproposalmayresultina
densityincreasebeyondwhatcurrentlyexistsifresidentialunitsareincludedinanyfuture
commercialproposal.However,compliancewiththeregulatorystandards setforthintheUDO
andtheInternationalBuildingCodewillaidinprovidingadequatelysizeddwellingunitsto
avoidundueconcentrationofpopulation.AccordingtothecensusinformationfortheCityof
Bozemantheaveragehouseholdsizehasbeendecliningfrom5.74in1930to2.48in2000.
Thishistoricaltrendislikelytocontinueandwouldindicatethattheundueconcentrationofthe
populationisnota significantissuewithanyzoningdesignation.
8.Willthenewzoningfacilitatetheadequateprovisionsoftransportation,water,sewer,
schools,parks,fire,policeandotherpublicrequirements?
Engineeringhasproposedaconditionontheprojecttorestrictavailablesewerflowfromthe
propertyuntilsuchtimethatadequateinfrastructureexiststosupportadditionaldevelopment.
Furtherassessmentoftheimpactstoinfrastructure,publicservices,schools,parkland,and
othercommunityrequirementswillbeevaluatedduringpreliminarysubdivisionplatand/or site
planreview.Saidimpactsidentifiedwithdevelopmentofthepropertywillbemitigatedwith
recommendedconditionsofapprovalbytheDRCwithadeterminationmadebythegoverning
bodyonadequateprovisions.
TheDRChasdeterminedthatmunicipalinfrastructureislocatedintheareaandmaybe
extendedtothepropertybythelandowner/developerforfurtherdevelopmentofthesite.
Emergencyservicesarecurrentlyservingthisarea,andmunicipalpoliceandfirearewithin
adequateresponsetimeofthe site.
9.Doesthenewzoninggiveconsiderationtothepeculiarsuitabilityofthepropertyfor
particularuses?
Theproposedzoninggivesreasonableconsiderationtothecharacterofthedistrictbymatching
theexistingusesalreadyinplacetotheeastintheBillionAutoDealership.Althoughthe
currentBillionAutoDealershippropertyiszonedB-P,anoverlyingPUDthatwasapproved
forthepropertyallowedthesitetodevelopconsistentwithB-2zoningcharacteristics.
Additionally,theBillionAutoGroupwasapprovedbytheCityCommissiontozoneproperty
northofthecurrentBillionAutoDealershiptoB-2toaccommodateafutureautodealershipin
thatareawestofCottonwoodRoad.Anyfuturedevelopmentwithintheproposed“B-2”
districtmustprovidepropersetbacksfrompropertylinesandcomplywithallotherstandards.
Thus,theproposedzoningappearstogivereasonableconsiderationtothepeculiarsuitabilityof
thepropertyasitrelatestopropertiesanddevelopmentinthevicinity.
10.Doesthenewzoninggivereasonableconsiderationtothecharacterofthedistrict?
Themostimportantfactorindeterminingthesuitabilityoftheproposedzoningdesignationis
thepotentialforcompatibilitywithexisting,adjacentlanduses.AsenvisionedbytheBozeman
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CommunityPlanthisareaistocontinuetodevelopasaCommunityCommercialMixedUse
Area.CommunityCommercial MixedUseareasareintegratedwith significanttransportation
corridors,includingtransitandnon-automotiveroutes,tofacilitateefficienttravel
opportunities. Thedensityofdevelopmentisexpectedtobehigherthancurrentlyseeninmost
commercialareasinBozemanand shouldincludemulti-storybuildings.AFloorAreaRatioin
excessof .5isdesired.Itisdesirabletoallowresidencesonupperfloors,inappropriate
circumstances.Urbanstreetscapes,plazas,outdoorseating,publicart,andhardscapedopen
spaceandparkamenitiesareanticipated,appropriatelydesignedforanurbancharacter.Placed
inproximityto significantstreetsandintersections,anequalemphasisonvehicle,pedestrian,
bicycle,andtransitcirculation shallbeprovided. TheproposedB-2zoningwouldallowthis
typeofdevelopmentandthisdevelopmentpatternwouldbeconsistentwiththecharacter
districtandbeappropriateforthis site.HuffineLane/Highway191isa significant
transportationcorridorandwillcontinuetobeanimportanttransitcorridor.With
concentrationsofresidentialpopulationstothesouth(LoyalGardenSubdivision)andtothe
north(Norton EastSubdivisionandtheValleyWestSubdivision)the sitelendsitselftoa
Commercialsupportrolefortheseneighborhoods.
11.Wasthenewzoningadoptedwithaviewofconservingvalueofbuildings?
Theproposeddistrictiscompatiblewithotheradjacentzoningdesignationsintheareainthat
thegenerallandusepatternisCommunityBusinessuses.Thetransportationnetworkserving
theareaisadequate,aswellastheavailabilityofmunicipalwaterandsanitarysewer.This
reducesthepossibilityofnegativeimpactstoadjacentownersandencouragestheconservation
ofbuildingvaluesinthearea.
12.Willthenewzoningencouragethemostappropriateuseofthelandthroughsuchcounty
andmunicipalarea?
TheB-2zoningdesignationofthisproposalissupportiveoftheoverallintentofthegrowth
policyinregardstoCommercialCenters.DesignatingthepropertyasB-2Community
Businesswillallowittodevelopmoreintensivelywithinthemunicipalityboundariesandwill
helptoensurethatanacceptablelevelofCommunityBusinessareasisachievedfortheCityas
awhole.
Focusingcommercialactivitiesintomutuallyreinforcingcentralizedareasenableseach
businesstotakeadvantageofthepresenceofcustomersandemployeesofotherbusinesses.It
enablesgreaterconvenienceforpeoplewith shortertraveldistancestoawiderangeof
businessesandtheopportunitytoaccomplishseveraltaskswitha singletrip. Thiscanfacilitate
theuseoftransportationalternativesto singleoccupantmotorvehicles,resultingina
correspondingreductionintrafficandroadcongestion,andairqualityimpacts.Acentral
locationenablesgreateraccesstoemployment,services,andrecreationwithareduced
dependenceontheautomobile,greaterefficienciesindeliveryofpublicservices,and
correspondingcostsavingsinbothpersonalandcommercialapplications.
PUBLICCOMMENT
Asofthewritingofthisstaffreport,theCityofBozemanDepartmentofPlanningandCommunity
Developmenthasnotreceivedanypublictestimonyonthematter.Anyadditionalwrittencomments
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receivedbythePlanningOfficewillbeforwardedtotheZoningCommissionandCityCommission
duringthepublichearings.
SUMMARY&CONCLUSION
TheDepartmentofPlanningandCommunityDevelopment,DevelopmentReviewCommittee,and
otherapplicablereviewagencieshavereviewedtheproposedZoneMapAmendmentapplicationand
haveprovidedsummaryreviewcommentsasoutlinedaboveinthestaffreport;andasaresult,
recommendapprovaloftheapplicationtochangethemunicipalzoningdesignationonapproximately
18.23±acresoflandfrom“B-P”,(BusinessParkDistrict)to“B-2”(CommunityBusinessDistrict).
TherecommendationoftheBozemanZoningCommissionwillbeforwardedtotheBozemanCity
CommissionforconsiderationatitspublichearingscheduledforMonday,November2,2009.The
CityCommissionwillmakethefinaldecisionontheapplication.
INTHECASEOFWRITTENPROTESTAGAINSTSUCHCHANGESSIGNEDBYTHE
OWNERSOF20%ORMOREOFTHELOTSIMMEDIATELYADJACENTTOOR
WITHIN150FEETFROMTHESTREETFRONTAGE,THEAMENDMENTSHALLNOT
BECOMEEFFECTIVEEXCEPTBYTHEFAVORABLEVOTEOFTWO-THIRDSOFTHE
PRESENTANDVOTINGMEMBERSOFTHECITYCOMMISSION.
REPORTSENTTO
JohnFloweree,FlowereeFamily,LLC.POBox820Bend,OR97709
ErikNelson, ThinkTankDesignGroup,Inc.,600NorthWallaceAvenue,Loft#3,Bozeman,
MT59715
ATTACHMENTS
ZMAApplication&Map
Applicant’sresponsetoZMAcriteria
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Baxter Creek-FlowereeZMAStaffReport,#Z-09186
BaxterCreek-Floweree ZoneMapAmendment
RESOLUTION#Z-0186
RESOLUTIONOFTHECITYOFBOZEMANZONINGCOMMISSION
RECOMMENDINGAPPROVALOFAZONEMAPAMENDMENTAPPLICATION
THATWOULDAMENDTHECITYOFBOZEMANZONEMAPTOCHANGETHE
MUNICIPALZONINGDESIGNATIONONAPPROXIMATELY18.23±ACRESOF
LANDFROM“B-P”,(BUSINESSPARKDISTRICT)TO“B-2”(COMMUNITY
BUSINESSDISTRICT),ONPROPERTYLOCATEDINTHEW½SE¼SE¼OF
SECTION9,T2S,R5E,P.M.M.,GALLATINCOUNTY,MONTANA
WHEREAS,theCityofBozemanhasadoptedzoningregulationsandazoningmapand
subdivisionregulationsthroughitsUnifiedDevelopmentOrdinancepursuanttoSections76-2-
301,76-2-302,and76-3-501M.C.A.;and
WHEREAS,Section76-2-305,M.C.A.allowslocalgovernmentstoamendzoning
regulationsifapublichearingisheldandofficialnoticeisprovided;and
WHEREAS,Section76-2-307,M.C.A.statesthattheZoningCommissionmustconduct
apublichearingandsubmitareporttotheCityCommissionforallzoningregulation
amendmentrequests;and
WHEREAS,theCityofBozemanZoningCommissionhasbeencreatedbyResolutionof
theBozemanCityCommissionasprovidedforinSection76-2-307,M.C.A.;and
WHEREAS,Chapter18.70oftheBozemanUnifiedDevelopmentOrdinancesetsforth
theproceduresandreviewcriteriaforzoningmapamendments;and
WHEREAS,theapplicantappliedforaUnifiedDevelopmentOrdinancemap
amendment,pursuanttoChapter18.70oftheBozemanUnifiedDevelopmentOrdinance,to
establishinitialmunicipalzoninginconjunctionwithannexationofland;and
WHEREAS,theamendmentrequesthasbeenproperlysubmitted,reviewedand
advertisedinaccordancewiththeproceduressetforthintheBozemanUnifiedDevelopment
OrdinanceandTitle76,Chapter2,Part3,M.C.A.;and
WHEREAS,theCityofBozemanZoningCommissionheldapublichearingonOctober
20,2009,toformallyreceiveandreviewallwrittenandoraltestimonyontheproposedtext
amendment;and
WHEREAS,nomembersofthepublicsubmittedwrittenororaltestimonyonthe
proposedtextamendment;and
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BaxterCreek-Floweree ZoneMapAmendment
WHEREAS,theZoningCommissiondiscussedtheproposedamendment;and
WHEREAS,afterconsideringstaff’srecommendationanddiscussionamongst
Commissionmembers,theZoningCommissionfoundthattheapplicationgenerallycomplied
withtheReviewCriteria;
NOW, THEREFORE,BEITRESOLVEDthattheCityofBozemanZoningCommission
officiallyrecommendstotheBozemanCityCommissionthattheapplicationforachangeof
zoningfrom“B-P”,(BusinessParkDistrict)to“B-2”(CommunityBusinessDistrict)be
approved:
DATED THISDAYOF,2009,Resolution#Z-09186
_________________________________________________________
BrianKruegerNathan MinnickChairpersonPro
Tem
Dept.ofPlanning&CommunityDevelopmentBozemanZoningCommission
2
ZONING COMMISSION MINUTES
TUESDAY, OCTOBER 20, 2009
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pro Tem Minnick called the meeting to order at 8:45 p.m. and ordered the
Recording Secretary to take attendance.
Members Present:
Nathan Minnick
Peter Harned
Ed Sypinski
Nick Lieb
City Commission Liaison
Sean Becker
Members Absent:
JP Pomnichowski
Staff Present:
Chris Saunders, Assistant Planning Director
Tara Hastie, Recording Secretary
Guests Present:
Russell Davis
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 Pro Tem Minnick closed this
portion of the meeting.
ITEM 3. MINUTES OF SEPTEMBER 15, 2009
MOTION
: Mr. Sypinski moved, Mr. Harned seconded, to approve the minutes of September
15, 2009 as presented. The motion carried 4-0. Those voting aye being Chairperson Pro Tem
Minnick, Mr. Sypinski, Mr. Harned, and Mr. Lieb. Those voting nay being none.
ITEM 4. Zone Map Amendment Application #Z-09186
– (Baxter Creek/Flowerree
ZMA) A Zone Map Amendment requested by the owner and applicant, Flowerree
Family, LLC, requesting to allow a change in urban zoning designation from B-P
(Business Park District) to B-2 (Community Business District) on 18.23 acres for
property generally located north of Highway 191, ~1,000 feet west of
Cottonwood Road and legally described as Portion of SE ¼, SE ¼, Sec. 9, and US
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Zoning Commission Minutes – October 20, 2009
191, COS 1005, Sec. 9 and a portion of US Highway 191 right of way, T2S, R5E,
PMM, Gallatin County, Montana. (Krueger)
Assistant Planning Director Chris Saunders presented the Staff Report on behalf of Associate
Planner Brian Krueger noting the application was to amend the city’s zoning map on 18.25 acres
from B-P to B-2. He noted the location of the proposal and that the property was subject to
sizable constraints due to wetlands and underlying wetland standards would exist regardless of
the zoning district. He noted there was a temporary limitation on the existing sewer capacity
and would be addressed in the cities long range utility plans; he noted there was an advisement
to the applicant regarding the capacity. He stated many of the contingencies were standard and
had to do with the completion of the project. He stated the City had reviewed the 12 criteria
established for ZMA’s and had found the application to be in compliance with those criteria. He
noted Staff was supportive of the proposal as presented and no public comment had been
received for the proposal.
Mr. Lieb noted that he was concerned he may have a conflict of interest as one of his employees
was related to the applicant. Assistant Director Saunders responded that the conflict would not
bar his from participating unless he would personally benefit.
Erik Nelson, applicant, stated the applicant had felt strongly about increasing the density on the
site as the current zoning designation was land consumptive. He noted the Growth Policy had
indicated that an increased density would be a better option for the community.
Mr. Lieb asked if the B-2 zoning was part of the Bozeman Community Plan. Mr. Nelson
responded he had requested a change in Growth Policy Designation to change the zoning to B-2
with a Growth Policy designation of B-P; he noted the land was currently designated as
Community Commercial Mixed Use.
Mr. Sypinski stated there seemed to be a sort of conflict as the property was located within the
Entryway Corridor and there was a transformation between County agricultural land and City
land. He asked the intent of the developer with regard to types of development on the site. Mr.
Nelson responded a lighter duty zoning type like B-P would provide a buffer with the County; he
thought if a hard edge was created and density encouraged on those edges, the encouragement of
density would be a more positive thing for the community.
Chairperson Pro Tem Minnick opened the public comment portion of the meeting. Seeing none
forthcoming, the public comment portion of the meeting was closed.
Mr. Lieb asked if B-P allowed an auto plaza. Assistant Director Saunders responded an auto
plaza would not be allowed under the B-P zoning and the Billion property growth policy
designation had been changed to Community Commercial. He stated the proposal would be
consistent with the recently adopted Growth Policy.
Mr. Harned stated he had reviewed the 12 criteria and he had found his hands to be tied in a
th
sense as in Bozeman his least favorite development area was along 19 Avenue and he worried
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th
the site would become just another 19 Avenue and he was supportive of lower density in the
area. He stated he did not like B-P zoning and he did not think it worked well in that location.
He stated the Growth Policy leaned toward a slightly less dense zoning for the area, but he did
not think residential zoning was slated for the area so the B-2 would be appropriate. He stated
he thought Huffine Lane should likely be business, but he was concerned with all the business
zoning in the area; he suggested there should be more residential development in the area. He
stated he was supportive of the proposal as presented.
Mr. Lieb asked if Mr. Delaney’s property was currently zoned B-2. Assistant Director Saunders
responded Mr. Delaney’s property was currently zoned B-P. Mr. Lieb stated he concurred with
Staff’s recommendations and was supportive of the proposal.
Mr. Sypinski stated he shared some of the concerns that Mr. Harned had raised. He stated the
land pattern established with the B-2 did not seem consistent for the site, but he was kind of
conflicted that review criteria #1 had not been met but concluded that it ultimately did conform
to the Community Plan. He stated that he was concerned with infrastructure issues that were
occurring on the site and how well the watercourses were being protected with all the
development taking place in that location.
MOTION
: Mr. Sypinski moved, Mr. Harned seconded, to forward a recommendation of
approval to the City Commission for Zone Map Amendment Application #Z-09186 with Staff
conditions. The motion carried 4-0. Those voting aye being Chairperson Pro Tem Minnick, Mr.
Sypinski, Mr. Harned, and Mr. Lieb. Those voting nay being none.
ITEM 5. City Initiated UDO Text Amendments ZCA #Z-09151
(Saunders)
1.
A Zone Code Amendment Application to amend various sections relating to
zoning in Title 18, Unified Development Ordinance, BMC, as requested by the
applicant the City of Bozeman, PO Box 1230, Bozeman MT 59771. The changes
would be applicable throughout the City in the districts and procedures as is
specified in the text of the existing regulations.
Assistant Planning Director Chris Saunders presented the Staff Report noting the amendment
application had been partly in response to recent changes in State law and partly in response to a
variety of local issues that had come forward with the development review process. He stated he
had attempted to organize the amendments into logical sets and Staff was expecting the item to
be continued to the next meeting of the ZC. He stated the first edits related to the overall
structure of the ordinance and had modified the 12 review criteria; he added they had not been
substantially modified, but the language had been altered. He stated an Urban Mixed Use
District had been added previously and would be inserted into the appropriate section; he
explained the section setting the highest standard would be applied and the amendment was to
provide for clarification.
Assistant Director Saunders explained the miscellaneous items proposed for amendments
including language to provide for gates, exemptions from dedication of parkland and alternatives
for means of compliance, revision of park development standards, revision to the floodplain
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compliance procedures, and fill requirement for development in floodplain to allow means of
elevation other than fill.
Assistant Director Saunders directed the Zoning Commission members to proposed amendments
to signage regulations including the review of signage within Entryway Corridors, clarification
of the application, updating the compliance for standards of free speech, wayfinding signage,
illumination standards, and compliance with sign regulations to be triggered with City reviews
for installation of on-site energy collection. He noted he was awaiting the State’s response to the
amendment proposed for wayfinding signage.
Assistant Director Saunders noted there had been several changes to residential zoning districts
which include; an allowance for bed and breakfasts or vacation homes, the revision of the
description of how to measure the size of restricted size units, and the establishment of minimum
density standards for residential development. He stated the Commission had requested the
minimum density standards for residential development be revisited.
Assistant Director Saunders noted which amendments were proposed for the parking chapter of
the ordinance including; the allowance of mechanical lifts, flexibility with the re-use of existing
buildings, ADA spaces, allowed reductions for transit and structured parking, revision to shared
parking regulations (car sharing availability), and off-site parking to allow usage in more
locations.
Assistant Director Saunders directed the Zoning Commission to proposed procedural changes
that were not only legislative changes but the inclusion of references that had been omitted. He
stated the intent was to make the document clearer and more user friendly. He stated the
submittal requirements needed to address phased site plans more sufficiently.
Assistant Director Saunders noted two definitions were proposed to be added for Lot Coverage
and Wayfinding Signage.
Assistant Director Saunders noted the public hearing had been publicly noticed and other
advisory boards had participated in the process. He stated no public comment had been received
for the proposed edits.
Chairperson Pro Tem Minnick asked the Zoning Commission to establish a method of review for
the proposed edits. Mr. Sypinski suggested each item should be reviewed individually; he
suggested parking and signage should immediately be set aside.
Mr. Sypinski asked if item #2, Conditions of Approval, addressed the lack of completion of
developments; would there be some security or remedy. Assistant Director Saunders responded
the City had a limited ability to compel the developer to complete the project; he noted
improvements agreements were currently in use and were enforceable contracts that would be
accompanied by some form of financial security.
Chairperson Pro Tem Minnick asked for comments on individual edits.
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Zoning Commission Minutes – October 20, 2009
Mr. Sypinski asked the initial dwelling units per acres in the R-1, 2, and 3 zoning designations.
Assistant Director Saunders responded noting that R-O and R-4 had been excluded in the initial
question, but the densities would allow up to 32 units per acre.
Assistant Director Saunders responded that in 18.50.020, the amendment applied also to private
open space and revisions had been suggested that would reduce the number of sq. ft. per unit
required and would provide additional methods of meeting those requirements (roof top
vegetation).
Mr. Sypinski asked if the amendments to site plan review criteria would also apply to park land
requirements. Assistant Director Saunders responded park land might be affected if zoning
review was necessary.
MOTION
: Chairperson Pro Tem Minnick moved, Mr. Sypinski seconded, to open and
continued the item to the next meeting of the Zoning Commission. The motion carried 4-0.
Those voting aye being Chairperson Pro Tem Minnick, Mr. Sypinski, Mr. Harned, and Mr. Lieb.
Those voting nay being none.
Mr. Becker suggested the Zoning Commission meet earlier. Recording Secretary Hastie noted
there was an item scheduled for review on that date that had already been noticed.
ITEM 6. NEW BUSINESS
There was no new business forthcoming.
ITEM 7. ADJOURNMENT
The Zoning Commission meeting was adjourned at 9:48 p.m.
______________________________________________________________________________
Nathan Minnick, Chairperson Pro Tem Chris Saunders, Assistant Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
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Zoning Commission Minutes – October 20, 2009