HomeMy WebLinkAboutJBL Zone Map Amendment No. Z-10164.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Director
Chris Kukulski, City Manager
SUBJECT: Z-10164 JBL Zone Map Amendment
MEETING DATE: Monday, September 13, 2010
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: Approve zone map amendment Z-10164 changing M-1 to B-2 on
approximately 1 acre.
BACKGROUND: The property owner has made application to the Bozeman Department of
Planning and Community Development for a Zone Map Amendment to amend the City of
Bozeman Zone Map to allow a change in municipal zoning designation from “M-1” (Light
Manufacturing District) to “B-2” (Community Business District) for 43,996 square feet of land
in an area south of the Village Downtown P.U.D. Subdivision and north of East Main Street.
The Department of Planning and Community Development, Development Review Committee,
and other applicable review agencies 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 change the municipal zoning designation from
“M-1” (Light Industrial District) to “B-2” (Community Business District) for 43,996 square feet
of land in an area south of the Village Downtown P.U.D. Subdivision and north of East Main
Street.
The Zoning Commission conducted a public hearing on this application on August 17th. No
public comment was received verbally or in writing at or prior to the hearing. The Zoning
Commission recommended favorably on this application.
FISCAL EFFECTS: No immediate fiscal affects are anticipated from this application. This
does not affect any budgeted expenditure.
ALTERNATIVES: 1) Direct staff to undertake text amendments as recommended by staff
2) Direct staff to undertake additional text amendments
3) Direct staff to take no action
4) Other actions s as suggested by the City Commission.
Attachments: Application materials
Zoning Commission Resolution and minutes
Staff report
Report compiled on: September 1, 2010
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JBL ZMA Staff Report #Z-10164 1
JBL ZONE MAP AMENDMENT FILE # Z-10164
STAFF REPORT
Item: Zoning Application #Z-10164 – An application to amend the City of
Bozeman Zone Map to allow a change in municipal zoning designation
from “M-1” (Light Manufacturing District) to “B-2” (Community Business
District) for 43,996 square feet of land in an area south of the Village
Downtown P.U.D. Subdivision and north of East Main Street.
Applicant/Owner: JBL, LLC
c/o Jerry Locati
1007 E. Main Street, Suite 202
Bozeman, MT 59715
Representative: C&H Engineering
1091 Stoneridge Drive
Bozeman, MT 59718
Date/Time: Before the Bozeman Zoning Commission on Tuesday, August 17, 2010 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, September 13, 2010 at 6:00 PM in the Commission Meeting Room,
City Hall, 121 North Rouse Avenue Bozeman, Montana
Report By: Allyson C. Bristor, Associate Planner
Recommendation: Approval of “B-2” with Contingencies
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LOCATION
The property is a 43,996 square feet area of land located south of the Village Downtown P.U.D.
Subdivision and north of East Main Street. The property is legally described as: That part of Lot 2A-
1A, Amended Plat of Lot 2A-1, Amended Plat C-23-A14, Northern Pacific Addition to the City of
Bozeman and Open Space 14, The Village Downtown P.U.D. Subdivision, according to the plat
thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and
located in the Northeast Quarter of Section 7, Township 2 South, Range 6 East of P.M.M, Gallatin
County, Montana, described as follows:
Beginning at the northeast corner of Lot 2A-1A of said Amended Plat; thence southerly
179°46’59” assumed azimuth from north, 117.05 feet along the east line of said Lot 2A-1A;
thence westerly 269°51’07” azimuth 276.04 feet along the north line of vacated Mendenhall
Street in Northern Pacific Addition as shown on Amended Plat C-23-U; thence continuing
westerly 269°51’07” azimuth 446.66 feet along said north line; thence easterly 080°03’46”
azimuth 452.87 feet along the south line of The Village Downtown P.U.D. Subdivision; thence
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continuing easterly 08°136’13” along said line to the point of beginning. The property under
consideration is approximately 1± acres in size. Please refer to the vicinity map below.
RECOMMENDED CONTINGENCIES
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 and
Zoning Commission recommends approval of the requested Zone Map Amendment.
Approval of the change in municipal zoning designation from “M-1” (Light Industrial District) to “B-
2” (Community Business District) is recommended contingent on the following terms and
contingencies:
1. That the applicant submit a zone amendment map, titled “JBL 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
containing a metes and bounds legal description of the perimeter of the subject property, total
acreage of the property and adjoining rights-of-way and/or street access easements.
2. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description and map of the area to be rezoned, which will be
utilized in the preparation of the Ordinance to officially amend the zone map.
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PROPOSAL
The property owner has made application to the Bozeman Department of Planning and Community
Development for a Zone Map Amendment to amend the City of Bozeman Zone Map to allow a change
in municipal zoning designation from “M-1” (Light Manufacturing District) to “B-2” (Community
Business District) for 43,996 square feet of land in an area south of the Village Downtown P.U.D.
Subdivision and north of East Main Street.
The subject property is located within the corporate limits of the City of Bozeman. 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.
LAND CLASSIFICATION AND ZONING
The subject property is vacant, with residential uses located immediately to the north and a mix of
residential and commercial uses to the south. The following land uses and zoning are adjacent to the
subject property:
North: Single- and Multi-Household Residential uses, zoned “R-O” (Residential-Office
District);
South: Residential and Commercial Office uses, zoned “B-2” (Community Business District);
East: Undeveloped land and Residential Apartment uses, zoned “M-1” (Light Manufacturing
District); and
West: Undeveloped land, zoned “B-2” (Community Business District).
Please see the aerial map on the following page.
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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?
Yes. The printed Future Land Use Map of the Bozeman Community Plan, Figure 3-1,
designates the property to develop as “Community Commercial Mixed Use.” 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. Mixed uses should be developed in an
integrated, pedestrian friendly manner and should not be overly dominated by any single land
use. Higher intensity employment and residential uses are encouraged in the core of the area or
adjacent to significant streets and intersections. As needed, building height transitions should
be provided to be compatible with adjacent development.
The “B-2” (Community Business District) zoning designation would implement the
Community Commercial land use designation. The intent of this zoning district is to provide
for a broad range of mutually supportive retail and service functions located in clustered areas
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bordered on one or more sides by limited access arterial streets. The site is bordered by multi-
residential to the north, but otherwise is predominately surrounded by vacant land that can be
developed in a manner that satisfies both the land use and zoning designation.
The property is located at a transition between multiple land use designations as well as
significant change in elevation to adjacent properties. The City’s GIS layers are able to portray
a larger scale than the printed map. Examination of the electronic record shows a sliver of
residentially planned land intersecting the property to be rezoned. The Bozeman Community
Plan, Section 3.5, indicates that boundaries of land use designations are expected to follow
visible physical features and property boundaries. The Planning Director may interpret
boundaries when there is a question of location. The printed map is the definitive record
adopted by the Commission. The electronic records are for convenience. Therefore, the
Planning Director has determined that the boundary for the Community Commercial Mixed
Use district is at the northern boundary of the land subject to the zone map amendment and the
application is in conformance with Figure 3-1 of the Bozeman Community Plan.
2. Is the new zoning designed to lessen congestion in the streets?
Yes. Though the property is not surrounded by city streets, the East Main Street arterial
roadway system is further to the south and is the expected future access to the property.
Increased traffic will certainly occur when businesses are developed on this site; however, as
part of the terms of any future site plan or commercial subdivision for this site, street
improvements including paving, curb/gutter, sidewalk and storm drainage facilities would be
required.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated
with significant transportation corridors, including transit and non-automotive routes, to
facilitate efficient travel opportunities. Placed in proximity to significant streets and
intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulations shall be
provided.
3. Will the new zoning secure safety from fire, panic and other dangers?
Yes. The regulatory provisions established in all of the proposed zoning designations, in
conjunction with provisions for adequate transportation facilities, properly designed water
mains and fire service lines and adequate emergency exits/escapes, will address safety concerns
with any further subdivision and/or development of the property. All 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 to ensure the health,
safety and general welfare of the community. Per Chapter 18.02 of the UDO, the City of
Bozeman’s has the authority and power to ask for more than the minimum standards if it
ensures the best service to the public interest.
4. Will the new zoning promote health and general welfare?
Yes. 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 Engineer's Office, Director of Public Service and Building Division.
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The property, upon further development, would be required to come into conformance with all
requirement of the zoning ordinance. Regulations regarding building setbacks,
nonconformance of the existing structures on site, and outdoor storage and screening would be
addressed at that time.
Additional 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. Water and sewer infrastructure are in the vicinity (East Main Street)
and could be available to the site.
5. Will the new zoning provide adequate light and air?
Yes. The regulatory standards set forth in the City of Bozeman Zoning Ordinance for the
requested “B-2” community business 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?
Yes. The minimum yard setbacks established in the “B-2” district, as well as the limitations of
lot coverage for principal and accessory structures and off-street parking facilities will maintain
the desired percent of buildable area. Minimum yard setbacks, height requirements, maximum
lot coverage and required parking are also limiting factors that help prevent the overcrowding
of land. Such regulatory standards shall 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?
Yes. Future development of the subject property as re-zoned under this proposal may result in
a density increase beyond what currently exists if apartment residential units are included in
any future commercial proposals as allowed by the zoning ordinance. However, compliance
with the regulatory standards set forth in the UDO and the International Building Code will aid
in providing adequately sized dwelling units to avoid undue concentration of population.
According to the census information for the City of Bozeman the average household size has
been declining from 5.74 in 1930 to 2.48 in 2000. This historical trend is likely to continue and
would indicate that the undue concentration of the population is not a significant issue with this
zoning application.
8. Will the new zoning facilitate the adequate provisions of transportation, water, sewer,
schools, parks, fire, police and other public requirements?
Yes. Further 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 recommended conditions of approval by the Development Review Committee (DRC),
with a determination made by the governing body on adequate provisions.
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The DRC has determined that municipal infrastructure is located in East Main Street 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 Planning Board and City Commission 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?
Yes. The proposed zoning gives reasonable consideration to the proposed future land use of
the district. As noted, the location of East Main Street to the south will provide adequate
transportation access to the property. Any future development within the proposed “B-2”
district must provide proper setbacks from property lines and comply with all other standards.
Thus, the proposed zoning appears to give reasonable consideration to the peculiar suitability of
the property as it relates to properties and development in the vicinity.
10. Does the new zoning give reasonable consideration to the character of the district?
Yes. The most important factor in determining the suitability of the proposed zoning
designation is the potential for compatibility with the planned future uses. As envisioned by
the Bozeman Community Plan, this area is to develop as Community Commercial Mixed Use.
The proposed zoning gives reasonable consideration to the existing mixed-use character
(residential and commercial office) to the south of the property, and matches the existing “B-2”
zoning to the south of the property. Any future development within the proposed “B-2” district
must provide proper setbacks from property lines and comply with all other standards. Thus,
the proposed zoning appears to give reasonable consideration to the peculiar suitability of the
property as it relates to properties and development in the vicinity.
11. Was the new zoning adopted with a view of conserving value of buildings?
Yes. The proposed district is compatible with the adjacent zoning designation to the south.
The transportation network of East Main Street the area is adequate for access to the site, as
well as the availability of municipal water and sanitary sewer. This reduces the possibility of
negative impacts to adjacent owners and encourages the conservation of building values in the
area.
12. Will the new zoning encourage the most appropriate use of the land through such county
and municipal area?
Yes, the “B-2” zoning designation of this proposal is supportive of the overall intent of the
growth policy in regards to designated Community Commercial Mixed Use area. Changing the
property to a “B-2” community business zoning district will allow it to develop more
intensively within the municipality boundaries and will help to ensure that an acceptable level
of community commercial mixed-use areas is achieved for the City as a whole.
PUBLIC COMMENT
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As of the writing of this staff report, the City of Bozeman Department of Planning and Community
Development has not received any public testimony on the matter. Any additional 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 change the municipal zoning designation from “M-1” (Light
Industrial District) to “B-2” (Community Business District) for 43,996 square feet of land in an area
south of the Village Downtown P.U.D. Subdivision and north of East Main Street.
The Zoning Commission conducted a public hearing on this application on August 17th. No public
comment was received verbally or in writing at or prior to the hearing. The Zoning Commission
recommended favorably on this application.
The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City
Commission for consideration at its public hearing scheduled for Monday, September 13, 2010. 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
JBL, LLC, c/o Jerry Locati, 1007 E. Main Street, Suite 202, Bozeman, MT 59715
C&H Engineering, 1091 Stoneridge Drive, Bozeman, MT 59718
ATTACHMENTS
ZMA Application & Map
Applicant’s response to ZMA criteria
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RESOLUTION #Z-10164
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP TO CHANGE THE ZONING DESIGNATION OF M-1
(LIGHT MANUFACTURING DISTRICT) ON A 43,996 SQUARE FEET AREA OF
LAND LOCATED SOUTH OF THE VILLAGE DOWNTOWN P.U.D. SUBDIVISION
AND NORTH OF EAST MAIN STREET LEGALLY DESCRIBED AS: THAT PART OF
LOT 2A-1A, AMENDED PLAT OF LOT 2A-1, AMENDED PLAT C-23-A14,
NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN AND OPEN SPACE
14, THE VILLAGE DOWNTOWN P.U.D. SUBDIVISION, ACCORDING TO THE PLAT
THEREOF, ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND
RECORDER, GALLATIN COUNTY, MONTANA, AND LOCATED IN THE
NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF
P.M.M, GALLATIN COUNTY, MONTANA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 2A-1A OF SAID AMENDED
PLAT; THENCE SOUTHERLY 179°46’59” ASSUMED AZIMUTH FROM NORTH,
117.05 FEET ALONG THE EAST LINE OF SAID LOT 2A-1A; THENCE WESTERLY
269°51’07” AZIMUTH 276.04 FEET ALONG THE NORTH LINE OF VACATED
MENDENHALL STREET IN NORTHERN PACIFIC ADDITION AS SHOWN ON
AMENDED PLAT C-23-U; THENCE CONTINUING WESTERLY 269°51’07”
AZIMUTH 446.66 FEET ALONG SAID NORTH LINE; THENCE EASTERLY
080°03’46” AZIMUTH 452.87 FEET ALONG THE SOUTH LINE OF THE VILLAGE
DOWNTOWN P.U.D. SUBDIVISION; THENCE CONTINUING EASTERLY 08°136’13”
ALONG SAID LINE TO THE POINT OF BEGINNING. THE PROPERTY UNDER
CONSIDERATION IS APPROXIMATELY 1± ACRES IN SIZE.
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
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WHEREAS, JBL 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 change
the zoning designation of M-1 (Light Manufacturing District) for 1± acre to B-2 (Community
Business District); and
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 August
17, 2010, to formally receive and review all written and oral testimony on the proposed zoning
map amendment; and
WHEREAS, no written or spoken public comment was received; 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;
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-10164 to amend the Bozeman zoning map to change the zoning designation of M-
1 (Light Manufacturing District) to B-2 (Community Business District) The property is an area
of 43,996 square feet area of land located south of the Village Downtown P.U.D. Subdivision
and north of East Main Street. The property is legally described as: That part of Lot 2A-1A,
Amended Plat of Lot 2A-1, Amended Plat C-23-A14, Northern Pacific Addition to the City of
Bozeman and Open Space 14, The Village Downtown P.U.D. Subdivision, according to the plat
thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana,
and located in the Northeast Quarter of Section 7, Township 2 South, Range 6 East of P.M.M,
Gallatin County, Montana, described as follows:
Beginning at the northeast corner of Lot 2A-1A of said Amended Plat; thence southerly
179°46’59” assumed azimuth from north, 117.05 feet along the east line of said Lot 2A-1A;
thence westerly 269°51’07” azimuth 276.04 feet along the north line of vacated Mendenhall
Street in Northern Pacific Addition as shown on Amended Plat C-23-U; thence continuing
westerly 269°51’07” azimuth 446.66 feet along said north line; thence easterly 080°03’46”
azimuth 452.87 feet along the south line of The Village Downtown P.U.D. Subdivision; thence
continuing easterly 08°136’13” along said line to the point of beginning. The recommendation is
subject to the following contingencies:
1. That the applicant submit a zone amendment map, titled “JBL 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.
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Said map shall contain a metes and bounds legal description of the perimeter of the
subject property and zoning districts, and total acreage of the property.
2. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor
and map of the area to be rezoned, which will be utilized in the preparation of the
Ordinance to officially amend the zone map.
DATED THIS DAY OF , 2010, Resolution #Z-10164
_____________________________ ____________________________
Allyson Bristor, Associate Planner Nathan Minnick, Chairperson Pro Tempore
Dept. of Planning & Community Development City of Bozeman Zoning Commission
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JOINT MEETING
ZONING COMMISSION/PLANNING BOARD MINUTES
WEDNESDAY, AUGUST 17, 2010
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pro Tem Minnick called the meeting to order at 7:04 p.m. and ordered the Recording
Secretary to take attendance.
Zoning Commission Members Present:
Nathan Minnick
Nick Lieb
Ed Sypinski
Zoning Commission City Commission Liaison
Chris Mehl
Zoning Commission Members Absent:
JP Pomnichowski
Planning Board Members Present:
Trever McSpadden
Ed Sypinski
Chris Budeski
Bill Quinn
Jeff Krauss
Eugene Graf, IV
Jodi Leone
Planning Board Members Absent:
Erik Henyon, President
Brian Caldwell, Vice President
Staff Present:
Brian Krueger, Associate Planner
Allyson Bristor, Associate Planner
Doug Riley, Associate Planner
Chris Saunders, Interim Planning Director
Tara Hastie, Recording Secretary
Guests Present:
Susan Riggs
Rob Pertzborn
John Tabaracci
Sid DeBarathy
George Hecht
Sean Canady
Brit Fontenot
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
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{Limited to any public matter within the jurisdiction of the Zoning Commission/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. ZONING COMMISSION MINUTES OF JULY 7, 2010
MOTION: Mr. Sypinski moved, Mr. Lieb seconded, to approve the Zoning Commission minutes of July
7, 2010 as presented. The motion carried 3-0. Those voting aye being Chairperson Pro Tem Minnick,
Mr. Sypinski, and Mr. Lieb. Those voting nay being none.
2. Zone Map Amendment Application #Z-10164 – (JBL) A Zone Map Amendment
requested by the owner JBL, LLC, c/o Jerry Locati, 1007 E. Main Street, Suite 202,
Bozeman, MT 59715 and representative C&H Engineering, 1091 Stoneridge Drive,
Bozeman, MT 59718, and requesting a change in municipal zoning designation from “M-
1” (Light Manufacturing District) to “B-2” (Community Business District) for 43,996
square feet of land for property legally described as That part of Lot 2A-1A, Amended
Plat of Lot 2A-1, Amended Plat C-23-A14, Northern Pacific Addition to the City of
Bozeman and Open Space 14, The Village Downtown P.U.D. Subdivision, according to
the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin
County, Montana, and located in the NE ¼, Sec. 7, T2S, R6E, P.M.M, Gallatin County,
Montana and located south of the Village Downtown Subdivision and north of East Main
Street. (Bristor)
Associate Planner Allyson Bristor presented the Staff Report noting the location of the site and the size of
the parcel. She stated the existing zoning was M-1 and the proposal was to allow a change to a B-2
zoning designation. She directed the Zoning Commission to photos of the site and noted there was an
elevation change (drop off) to the north along the perimeter of the Village Downtown subdivision. She
stated Staff found the proposal in compliance with the Growth Policy as well as with the Zoning Map
Amendment review criteria. She stated no public comment had been received and she would be available
to answer questions.
Mr. Sypinski stated that, according to the Staff Report, the proposed zoning would be M-1, but the
Growth Policy land use map designated the site as public park/open space into which M-1 did not fit.
Planner Bristor responded the site was not within the public park/open space land use designation, but the
adjacent trail had been depicted as such on the land use map. Interim Director Saunders responded the
zoning designation and land use designation were two different maps and the City Commission had made
a number of changes to the future land use map during their review and prior to adoption.
Mr. Lieb asked why the zoning was proposed to be changed from open space to M-1. Interim Director
Saunders responded that planned land uses in the area had previously changed over several decades and
the zoning designation and the Land Use Designation had been amended to reflect those changes; the
zoning map and parcels did not exactly match up and the ZMA would improve the match between zoning
and planning designations. He added a single zoning district would be easier for the landowner to
develop and would match the same zoning designation on the balance of their property.
Chairperson Pro Tem Minnick opened the item for public comment. Seeing none forthcoming, the public
comment period was closed.
Chairperson Pro Tem Minnick stated he felt the proposed zoning would be more appropriate, met the 12
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review criteria of the Zoning Commission, and conformed to the Growth Policy. Mr. Lieb concurred.
Mr. Sypinski stated he was concerned with certain aspects of the proposal and listed those items; he added
he was overall supportive of the proposal and felt it met most of the review criteria.
MOTION: Mr. Sypinski moved, Mr. Lieb seconded, to forward a recommendation of approval to the
City Commission for Zone Map Amendment Application #Z-10164 with Staff conditions. The motion
carried 3-0. Those voting aye being Chairperson Pro Tem Minnick, Mr. Sypinski, and Mr. Lieb. Those
voting nay being none.
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