HomeMy WebLinkAboutBaxter Meadows Zone Map Amendment
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Director
Chris Kukulski, City Manager
SUBJECT: Z-10244 Baxter Meadows B-2 to R-4 Zone Map Amendment
MEETING DATE: Monday, November 29, 2010
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: Approve zone map amendment Z-10244 changing B-2 to R-4 on
approximately 44 acres. Suggested motion language: “Having heard and considered public
comment, I hereby adopt the findings presented in the staff report for Z-10244 and move to
approve the zone map amendment requested in application Z-10244 authorizing a zone map
amendment for the subject property from “B-2” (Community Business District) to “R-4” (High
Density Residential District) subject to the contingencies listed on page two of the Staff report.
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 “B-2” (Community
Business District) to “R-4” (High Density Residential District) for approximately 44 acres of
land in an area east of Chief Joseph Middle School and west of Davis Lane.
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, recommended approval of the application to change the municipal zoning designation
from “B-2” (Community Business District) to “R-4” (High Density Residential District) for
approximately 44 acres of land in an area east of Chief Joseph Middle School and west of Davis
Lane.
The Zoning Commission conducted a public hearing on this application on October 19th. No
public comment was received verbally or in writing at or prior to the hearing. The Zoning
Commission recommended that the City Commission adopt a designation of “R-3” (Residential
Medium Density District). One letter of public comment was received in opposition to the
application after the Zoning Commission hearing and is attached.
FISCAL EFFECTS: No immediate fiscal affects are anticipated from this application. This
does not affect any budgeted expenditure.
ALTERNATIVES: 1) Approve the zone map amendment to R-4 as recommended above
by the DRC.
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2) Approve the zone map amendment to R-3 as recommended above
by the Zoning Commission.
3) Deny the zone map amendment request.
Attachments: Application materials
Zoning Commission Resolution and minutes
Staff report
Public Comment
Report compiled on: November 16, 2010
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BAXTER MEADOWS
ZONE MAP AMENDMENT
APPLICATION
TO
THE CITY OF BOZEMAN
SEPTEMBER, 2010
Prepared By: Prepared for:
Jason Leep First Interstate Bank
Development Consultant Mr. Jim Ritter, Vice Pres.
NAI Landmark 401 North 31st Street
1811 W. Dickerson #17 Billings, MT, 59101
Bozeman, MT 59715
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Baxter Meadows
Zone Map Amendment Application
Table of Contents
Description Page #
Introduction 1
Development Review Application 2,3
Vicinity Map 4
ZMA Checklist 5, 6
ZMA Narrative 7, 8
ZMA Maps 9, 10
Adjoiners List 11, 12
Adjoiners Certificate 13
Neighborhood Certificate 14
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Introduction
This application includes all necessary materials for a Zone Map Amendment for a
portion of the Remainder of Tract 2A, COS 2202A in the SE ¼ of section 34, Township 1
South Range 5 East. Tract 2A is a part of the Baxter Meadows PUD that has been in the
development stage since 2001. Recently, the City approved a Community Plan
designation change on this portion of ground from Community Commercial to
Residential. This ZMA is applied for with the express intent to match the zoning with the
Community Plan designation.
Tract 2A, a large 87 acre tract, is designated as both Residential and Community
Commercial in the Bozeman Community Plan and is located at the junction of two
different zoning designations: R-3 and B-2. The Community Commercial and B-2
designations do allow for high density residential development as was always the intent
for this portion of the Baxter Meadows project. The applicant is applying for R-4 zoning
to keep the density targets intact, while conforming to the underlying Community Plan
designation.
Tract 2A is accessed by Baxter Lane on the south, Davis Lane on the east, Cattail (un-
improved) to the north, and Ferguson on the West. The property has no buildings on it.
The property is not included in any overlay districts, historic districts, or tax increment
districts. The property is in the service area for the City’s water and sewer systems.
The application and review fees have been calculated as follows:
ZMA:
Application fee: $1,000.00
Acreage: $2,200.00 (44 acres)
Advertising: $ 150.00
Total: $3,350.00
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ZMA Checklist Narrative
1. Is the new zoning designed in accordance with the comprehensive plan?
Yes. The subject property is designated as Residential in the comprehensive plan.
R-4 zoning, as requested, allows for high density housing as is anticipated by the
PUD concept plan and comprehensive plan.
2. Is the zoning designed to lessen congestion in the streets?
Yes. The property is currently zoned commercial B-2. Any new residential uses,
subsequent to the re-zoning of the property, will need to conform to the zoning
regulation which is specifically designed to minimize congestion.
3. Will the new zoning promote health and general welfare?
Yes. The property is currently zoned commercial B-2. Any new residential uses,
subsequent to the re-zoning of the property, will need to conform to the zoning
regulation which is specifically designed to promote health and general welfare.
4. Will the new zoning secure safety from fire, panic and other dangers?
Yes. The property is currently zoned commercial B-2. Any new residential uses,
subsequent to the re-zoning of the property, will need to conform to the zoning
regulation which is specifically designed to secure safety from fire, panic, and
other dangers.
5. Will the new zoning provide adequate light and air?
Yes. The property is currently zoned commercial B-2. Any new residential uses,
subsequent to the re-zoning of the property, will need to conform to the zoning
regulation which is specifically designed to provide adequate light and air.
6. Will the new zoning prevent the overcrowding of land?
Yes. The property is currently zoned commercial B-2. Any new residential uses,
subsequent to the re-zoning of the property, will need to conform to the zoning
regulation which is specifically designed to prevent the overcrowding of land.
7. Will the new zoning avoid the undue concentration of population?
Yes. The property is currently zoned commercial B-2. Any new residential uses,
subsequent to the re-zoning of the property, will need to conform to the zoning
regulation which is specifically designed to avoid the undue concentration of
population.
8. Will the new zoning facilitate the adequate provision of transportation, water,
sewer, schools, fire, police, and other public requirements?
Yes. The property is currently zoned commercial B-2. Any new residential uses,
subsequent to the re-zoning of the property, will need to conform to the zoning
regulation which is specifically designed to facilitate the adequate provision of
transportation, water, sewer, schools, fire, police, and other public requirements.
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9. Does the new zoning give consideration to the peculiar suitability of the property
for particular uses?
Yes. The property is connected to substantial transportation corridors which are
needed for high density residential uses. The property is relatively flat and is
located next to a middle school and an extensive park and trail system.
10. Does the new zoning give reasonable consideration to the character of the
district?
Yes. The property is located in an area with multi-family and mixed use housing.
The location of high density residential next to a commercial node helps to meet
several of the City’s planning goals.
11. Was the new zoning adopted with a view to conserving the value of buildings?
N/A. There are no existing buildings that will be affected by the zone map
amendment.
12. Will the new zoning encourage the most appropriate use of land throughout such
county and municipal area?
Yes. The new zoning will establish standards for the residential development and
use of the land.
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JBL ZMA
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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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JBL ZMA
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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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ZONING COMMISSION MINUTES
TUESDAY, OCTOBER 19, 2010
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pomnichowski called the meeting to order at 7:01 p.m. and ordered the Recording Secretary
to take attendance.
Members Present:
Nathan Minnick
JP Pomnichowski
Nick Lieb
City Commission Liaison
Chris Mehl
Members Absent:
Ed Sypinski
Staff Present:
David Skelton, Senior Planner
Tim McHarg, Planning Director
Chris Saunders, Assistant Planning Director
Tara Hastie, Recording Secretary
Guests Present:
Jason Leep
Dewin Madill
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Zoning Commission and not
scheduled on this agenda. Three-minute time limit per speaker.}
Seeing there was no general public comment forthcoming, Chairperson Pomnichowski closed this portion
of the meeting.
ITEM 3. MINUTES OF SEPTEMBER 7, 2010
MOTION: Vice Chairperson Minnick moved, Mr. Lieb seconded, to approve the minutes of September
7, 2010 as presented. The motion carried 3-0. Those voting aye being Chairperson Pomnichowski, Mr.
Lieb, and Vice Chairperson Minnick. Those voting nay being none.
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z-10244 – (Baxter Meadows) A Zone Map
Amendment requested by the owner, First Interstate Bank and representative NAI
Landmark, requesting a change in urban zoning designation from B-2 (Community
Business District) to R-4 (Residential High Density District) on 44 acres generally
located northwest of the intersection of Baxter Lane and Davis Lane and legally
described as a portion of the remainder of Tract 2A, C.O.S. 2202A, SE ¼, Sec. 34, T1S,
R5E, Gallatin County, Montana. (Saunders)
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Assistant Planning Director Chris Saunders presented the Staff Report noting the application was to
consider rezoning a parcel that was a portion of a larger parcel within the Baxter Meadows PUD. The
area had not been the subject of a plat but had been annexed for years. He stated the property had been
planned and zoned as commercial, but the change in long range plan designation had been modified from
community commercial mixed use to residential. He noted the location of the Chief Joseph middle school
and Fire Station #3. He stated Staff and the DRC had reviewed the proposal and found it to be consistent
with the long range plan and the review criteria; there were no negative findings in the application. He
stated no public comment had been received and the proposal would be subject to two contingencies that
are needed to prepare the final ordinance. He stated he would be happy to answer any questions.
Vice Chairperson Minnick asked if plans for Davis Lane improvements would continue to the north.
Assistant Director Saunders responded he thought Mr. Minnick was correct and noted Davis was
expected to be an arterial street north to Baxter Lane.
Mr. Lieb asked when the property was granted a B-2 zoning designation. Planner Saunders responded he
thought the original approval had been granted in 2002 with initial annexation of the property and added
there were plans for development of apartment buildings as well and the proposed zoning change was
consistent with the Growth Policy designation.
Chairperson Pomnichowski asked for clarification that the site had not been platted, but was an approved
Planned Unit Development. Assistant Director Saunders responded the six or more phases of Baxter
Meadows had been platted out of order and the portion in question had not yet gone through subdivision
review. The portion platted included the Regional Park owned by Gallatin County. Chairperson
Pomnichowski clarified that the purpose of a PUD was to provide unique design elements and many
exceptions had been granted. Assistant Director Saunders responded that there was an area to the north of
the proposed amendment that remained un-annexed and had not been platted but was planned for
residential development. Chairperson asked how the proportions of R-4 and B-2 land in the City.
Assistant Director Saunders responded the shift would be greater to the R-4 designation and B-2 had
more total area then the R-4 though he did not have specific figures. He stated in the Growth Policy
change the area east of Davis Lane had been planned as residential development in 2001 and had in 2009
been modified to a Community Commercial Mixed Use land use designation. Vice Chairperson
Pomnichowski asked if the property to the east of Davis Lane would be obligated to provide a
commercial zoning designation. Assistant Director Saunders responded no one would be obligated to
request a zoning designation that would offset the change requested by this applicant. Chairperson
Pomnichowski noted the current zoning had been in place for six years. Assistant Director Saunders
noted the City did not have the ability to tell a developer that they would have to finish a project. The
developer can abandon the entitlements. Chairperson Pomnichowski stated zoning was predictability and
noted everyone that was buying in that area was expecting a certain zoning designation.
Mr. Lieb asked when the school had purchased the property. Mr. Leep responded it had been roughly one
and a half years. Mr. Lieb asked if Staff considered whether residential or business zoning would be
located next to a school. Assistant Director Saunders responded the school was not required to consult
the City before purchasing land. He stated the City had to recognize that they could not always see the
future and the ZMA application was the process in place to provide for future modification. He added
schools and residences were usually complimentary.
Jason Leep addressed the Zoning Commission stating he was available to answer any questions.
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Mr. Lieb asked if the bank had foreclosed on the property. Mr. Leep responded he did not think the bank
had foreclosed on the property and had instead reached an agreement. Mr. Lieb asked the logic behind
the requested amendment. Mr. Leep responded it was better that the Growth Policy designation and the
zoning matched, and it was the owner’s opinion that residential development would be more marketable.
Mr. Leep stated the portion of ground in question had not been approved as a Final PUD; he noted the
same density targets would be in place with regard to the number of dwelling units.
Chairperson Pomnichowski stated the property was now zoned B-2 (the biggest allowable commercial in
the City) and asked how density targets were the same under the B-2 as the R-4 zoning designations. Mr.
Leep responded the target was 20-24 units per acre in the PUD, which was still achievable under the R-4
zoning designation. Chairperson Pomnichowski stated she thought the PUD had been finalized. Mr.
McHarg responded the parcel had not been finalized for that phase of the PUD. Mr. Leep responded the
same concept could be achieved with either B-2 or R-4 development. Chairperson Pomnichowski stated
the northeast corner of the site had been designated as open space. Mr. Leep responded the area would
remain wetlands as it had been designated; the park would continue through the site as the concept PUD
approval was still in place.
Chairperson Pomnichowski called for public comment. Seeing no public comment forthcoming, the
public comment period was closed.
Vice Chairperson Minnick stated he understood the request for the zoning and the need to comply with
the Growth Policy designation though he was concerned with the traffic from the Interstate through the
site. He stated there would be some density in the area and assumed traffic would be addressed upon
individual site development. He stated he concurred with the change to residential zoning but did not see
the need for R-4 instead of R-3 zoning. Mr. Lieb responded that due to the location of the school and the
surrounding wetland areas he saw the need for the residential zoning district.
Chairperson Pomnichowski stated the application complied with the Growth Policy, but there were
concerns regarding the transportation systems and the undue concentration of population; going to the
most density possible seemed difficult. She stated she was concerned the property did not respect the
character of the district due to the neighboring zoning designation of B-2. She stated the most compatible
urban growth was a subjective question but the last of the review criteria were more difficult to ascertain.
Vice Chairperson Minnick asked if the motion could amend the zoning to R-3. Chairperson
Pomnichowski suggested the application as proposed would need to be acted on at the night’s meeting
and any suggested amendments would be forwarded to the Commission.
Mr. McHarg suggested the application could be continued to allow the applicant time to discuss a Zone
Map Amendment from B-2 to R-3 instead of R-4. Chairperson Pomnichowski asked Mr. Leep if the
owner would be amenable to discussions regarding requesting R-3 instead of an R-4 zoning designation.
Mr. Leep responded the applicant would prefer the zoning be approved as R-4 to maintain the density, but
he would discuss the application with the owner.
Chairperson Pomnichowski suggested the item be opened and continued. Mr. Leep responded he would
be amenable to the Zoning Commission formulating a motion with a recommendation to the City
Commission that they would prefer to see the R-3 proposed for the site.
MOTION: Vice Chairperson Minnick moved, Mr. Lieb seconded, to forward a recommendation of
denial to the City Commission for Zone Map Amendment Application #Z-10244.
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Vice Chairperson Minnick stated he agreed the parcel should be zoned residentially, but could see no
reason the zoning designation should be R-4 instead of R-3. Chairperson Pomnichowski and Mr. Lieb
concurred.
The motion carried 3-0. Those voting aye being Chairperson Pomnichowski, Mr. Lieb, and Vice
Chairperson Minnick. Those voting nay being none.
2. Zone Map Amendment Application #Z-10240 – (Loyal Garden) A Zone Map
Amendment requested by the owner, Betty Madill Revocable Intervivos Trust and
representative Comma-Q Architecture, requesting a change in urban zoning designation
from R-O (Residential Office District) to B-2 (Community Business District) on 3.2 acres
located at 870 & 880 Winnow Circle and legally described as Loyal Garden Subdivision
Phase 1A, Block 1, Lots 2 &3, Sec. 16, T2S, R5E, Gallatin County, Montana. (Skelton)
Senior Planner David Skelton presented the Staff Report noting the proposal was to change the current
zoning designation from R-O to B-2 on a parcel of land within plats that currently existed in Loyal
Garden Subdivision. He stated the application was to reflect the current land use designation for future
development of the land as Community Commercial Mixed Use. He stated most of the community
commercial development had been located north of Huffine Lane and listed some of those developments.
He stated there had been recent activity south of North Cottonwood Road and Huffine Lane and noted
the land directly to the east of the site was zoned AS in the county and was agriculturally used. He stated
two of the three lots currently zoned R-O were under review for an amendment to a B-2 zoning
designation. He state the remaining R-O office lot was currently operating as a warehouse business. He
directed the Commission to a 2007 aerial photo and noted locations of existing structures on the site as
well as adjacent uses. He directed the Zoning Commission to photos of the Nelson Tree Farm and those
uses adjacent to the site. He noted the original zoning designations requested by the applicant and the
intent to provide a mixed use development. He stated the Growth Policy land use designation for the site
was community commercial mixed use and the zoning change would mirror the intent and spirit of the
land use designation. He stated no public comment had been received for the proposal and Staff was
supportive of the application as submitted with Staff conditions of approval.
Mr. Lieb asked if B-2 was the preferred designation for a Community Commercial Mixed Use Growth
Policy designation. Planner Skelton responded it was generally the preferred zoning designation and
noted similar locations with the same land use designation north of Huffine Lane. Mr. Lieb asked if the
bank across Huffine Lane was zoned B-P. Planner Skelton responded Mr. Lieb was correct.
Chairperson Pomnichowski asked if there were any plans to save the existing residence. Planner Skelton
responded he was uncertain, but it could be a nice focal point for the intersection. Chairperson
Pomnichowski asked if the drainage for the Farmers Canal would be maintained without development.
Planner Skelton responded there was a transition or buffer between the lots and the existing
manufacturing building; an open space corridor that outlined Baxter Creek would serve as the transition
as well as parkland area.
Mr. Lieb asked if Cottonwood Road north of Huffine Lane had been approved. Planner Skelton
responded Cottonwood to the north had been approved, but further north had not been approved for
improvements to the south of Huffine Lane. He stated the construction of Petra Academy would facilitate
improvements to North Cottonwood Road as a full principal Arterial to Babcock Street.
Cole Robertson addressed the Zoning Commission and stated he had no formal presentation but was
available to answer questions.
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Chairperson Pomnichowski asked if there were plans to salvage the existing residence. Mr. Robertson
responded there had not been discussions and there was currently no plan in place.
Chairperson Pomnichowski called for public comment. Seeing no public comment forthcoming, the
public comment period was closed.
Mr. Lieb stated he felt the application to be in keeping with most of the review criteria and neutral on
those criteria in question; he added he was in favor of the proposal with Staff conditions of approval as he
felt the requested zoning would be appropriate.
Vice Chairperson Minnick stated he thought the R-O use would complement the existing residential
zoning designations.
Chairperson Pomnichowski stated she concurred with previous member comments and her only concern
had been salvaging the existing buildings though the owner was not concerned.
MOTION: Mr. Lieb moved, Vice Chairperson Minnick seconded, to forward a recommendation of
approval to the City Commission for Zone Map Amendment Application #Z-10240 with Staff conditions
of approval. The motion carried 3-0. Those voting aye being Chairperson Pomnichowski, Mr. Lieb, and
Vice Chairperson Minnick. Those voting nay being none.
ITEM 5. NEW BUSINESS
There was no new business forthcoming.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting was adjourned at 7:55 p.m.
___________________________________ _______________________________________
JP Pomnichowski, Chairperson Tim McHarg, Planning Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
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Baxter Meadows Rezone ZMA Staff Report #Z-10244 Page 1 of 7
BAXTER MEADOWS REZONE ZONE MAP AMENDMENT FILE # Z-10244
CITY COMMISSION STAFF REPORT
Item: Zoning Application #Z-10244 – An application to amend the City of
Bozeman Zone Map to allow a change in municipal zoning designation
from B-2 (Community Commercial Mixed Use) to R-4 (Residential High-
Density District) on approximately 44 acres on property located east of
Gallatin Green Boulevard and north of Kimberwicke Street.
Applicant/Owner: First Interstate Bank
401 N 31st Street
Billings MT 59101.
Representative: NAI Landmark
1811 W. Dickerson Street #17
Bozeman MT 59715
Date/Time: Before the Bozeman Zoning Commission on Tuesday, October 19, 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, November 8, 2010 at 6:00 PM in the Commission Meeting Room,
City Hall, 121 North Rouse Avenue Bozeman, Montana
Report By: Chris Saunders, Assistant Director
Recommendation: Approval of “R-4” with Contingencies
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LOCATION
The property is approximately 44 acres of land in an area east of Gallatin Green Boulevard, west of
Davis Lane, and north of Kimberwicke Street. The property is a portion of Tract 2A, COS 2202A in
the SE ¼ of Section 34, Township 1 South Range 5 East, Gallatin County.
Please refer to the vicinity map below.
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Baxter Meadows Rezone ZMA Staff Report #Z-10244 Page 2 of 7
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
recommends approval of the requested Zone Map Amendment.
Staff recommends approval of a change in municipal zoning designation from “B-2” (Community
Business District) to “R-4” (Residential High Density District) contingent on the following terms and
contingencies:
1. That the applicant submit a zone amendment map, titled “Baxter Meadows 2010 ‘B-2’ to ‘R-4’
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 ““B-2” (Community Business District) to “R-4” (Residential
High Density District) for approximately 44 acres in area east of Gallatin Green Boulevard, west of
Davis Lane, and north of Kimberwicke Street. The property is a portion of Tract 2A, COS 2202A in
the SE ¼ of Section 34, Township 1 South Range 5 East, Gallatin County.
The subject property is currently located within the corporate limits of the City of Bozeman. The
intent of the “R-4” district is to provide for high-density residential development through a variety of
housing types within the City with associated service functions. This will provide for a variety of
compatible housing types to serve the varying needs of the community’s residents. Although some
office use is permitted, it shall remain as a secondary use to residential development. Secondary status
shall be as measured by percentage of total building area.
LAND CLASSIFICATION AND ZONING
The subject property is vacant. The following land uses and zoning are adjacent to the subject
property:
North: Agriculture, county zoning jurisdiction;
South: Residential zoned “R-3” ( Medium Density Residential District) and Commercial Office
uses, zoned “B-2” (Community Business District);
East: Low density residential and agricultural uses, county zoning jurisdiction, and
townhomes zoned “R-3” ( Medium Density Residential District);
West: Chief Joseph Middle School, zoned “R-3” ( Medium Density Residential 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.
A. Be in accordance with a growth policy.
Yes. The recent update to the growth policy, the Bozeman Community Plan, changed the future
land use map, Figure 3-1, for this area from community commercial to residential. The proposed
zoning change corresponds to the changed long range land use plan.
B. The effect on motorized and non-motorized transportation systems.
Neutral. The amendment itself does not change traffic loading. The existing commercial zoning
allows for high intensity traffic generation. The general development standards of Title 18 have
made provision for ensuring that necessary transportation infrastructure is in place. Development
of either residential or commercial uses will be required to install adequate transportation facilities
to meet the adopted standards.
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The R-4 district allows uses ranging from single detached homes to apartment buildings to
professional offices. The vehicle trips generated from these uses range from 9.57 daily (single
detached) to 6.72 daily (apartments) to 11.01 for general purpose offices (per 1,000 square feet).
The B-2 district also provides for a range of uses including apartments, offices, and retail. The
vehicle trip generation rates are similar to the R-4 district, with the addition of retail at 42.94 for
general retail. Contrasting the probable maximum development intensity under either zone the R-4
is likely to generate significantly fewer total daily vehicle trips.
Under either zoning designation, the area proposed for amendment has significant environmental
constraints which will limit the amount of area which can be divided into lots for development. The
area is bounded on the east by an arterial street, Davis Lane, on the west by a collector street,
Ferguson Avenue, and is near on the south to another arterial street, Baxter Lane. See also the
discussion under item F.
C. Secure safety from fire, panic, and other dangers.
Neutral. The site is within short response times from Fire Station 3 regardless of the zoning in
place. The building codes will be applied to address necessary building exiting requirements and
similar issues. No significant flood hazard has been identified. Other hazards are general to the
Bozeman area and will occur regardless of zoning district.
D. Promote public health, public safety, and general welfare.
Yes. Public health and safety will be addresses by the development standards of the Bozeman
Municipal Code, construction codes, and similar guidance for development. The general welfare is
enhanced by increasing the consistency of the zoning map with the future land use map, Figure 3-1,
of the Bozeman Community Plan
E. Reasonable provision of adequate light and air.
Neutral. Either of the B-2 or R-4 districts have provisions in place to ensure adequate light and air
for the uses allowed within the district. The average development intensity for commercially zoned
property in Bozeman from 2004-2007 was a floor area ration of .497, meaning that for every two
feet of area in the commercially zoned lot there was one foot of building area. The maximum
surface area of a lot allowed to be covered with buildings in the R-4 district is 50%. The overall
intensity of anticipated building development appears to be similar, although the FAR ratio and lot
coverage percentage have differences. There are many possible development scenarios where one
district could develop more intensely than the other.
F. Prevention of overcrowding of land.
Neutral. These amendments are not altering requirements for lot coverage or building density.
Objectively, overcrowding is a condition where the use of land overwhelms the ability of
infrastructure and buildings to meet the needs of users. This functional problem is addressed by
ensuring the installation of water, sewer, transportation, and other services in accordance with
adopted City standards. Installation will be assured through the subdivision and site planning
processes.
G. Avoiding undue concentration of population.
Neutral. The proposed amendments do not change standards for density of population.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks,
and other public requirement.
Neutral. These amendments do not address public facilities. The proximity of Chief Joseph Middle
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School will facilitate education for residents in the rezoned area. The parkland dedication
requirements and other provision of infrastructure standards apply within both the B-2 and R-4
districts. Compliance with these standards will occur with any subdivision or zoning review.
I. Conserving the value of buildings.
Neutral. There are no buildings presently on the property proposed to be rezoned. Standards for site
design and architectural character adopted within Title 18, BMC will prevent problems with future
development which will detract from existing neighboring buildings.
J. Character of the district.
Yes. Although the surroundings are diverse, the residential uses of the R-4 district will not conflict
with the adjacent R-3 or B-2 zoning. Higher density uses are encouraged within proximity to
schools and commercial services which is consistent with the proposed change in zoning district.
K. Peculiar suitability for particular uses.
Yes. See discussion under the items A and J.
L. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed amendments is consistent with the growth policy future land use map which
identifies the general character of the area as residential. The proximity to services discussed in A
and J makes the site appropriate for higher intensity residential uses.
M. Promotion of Compatible Urban Growth.
Yes. The proposed change is consistent with the planned growth pattern of the city at the site and
general level. Adequate services can be provided.
PUBLIC COMMENT
After the public hearing by the zoning commission one written comment was received in opposition to
the proposed amendment. No verbal testimony was offered at the zoning commission hearing.
SUMMARY & CONCLUSION
The Department of Planning and Community Development and the Development Review Committee,
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 “B-2” (Community Business District) to “R-4” (Residential High Density District) for
approximately 44 acres in area east of Gallatin Green Boulevard, west of Davis Lane, and north of
Kimberwicke Street. The property is a portion of Tract 2A, COS 2202A in the SE ¼ of Section 34,
Township 1 South Range 5 East, Gallatin County.
The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City
Commission for consideration at its public hearing scheduled for Monday, November 29, 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.
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REPORT SENT TO
First Interstate Bank, 401 N 31st Street, Billings MT 59101.
NAI Landmark, 1811 W. Dickerson Street #17, Bozeman MT 59715
ATTACHMENTS
ZMA Application & Map
Applicant’s response to ZMA criteria
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