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HomeMy WebLinkAboutLoyal Garden Lot 2-3, Block 1 Zone Map Amendment No. Z-10240 Report Complied on December 23, 2010 REPORT TO: Honorable Mayor & City Commission FROM: Dave Skelton, Senior Planner Tim McHarg, Planning Director Chris Kukulski, City Manager SUBJECT: Loyal Garden Lot 2-3, Block 1 Zone Map Amendment #Z-10240 MEETING DATE: January 3, 2010 AGENDA MEETING ITEM: Action Item RECOMMENDATION: That the City Commission adopts the findings presented in the staff report and, as recommended by the City of Bozeman Zoning Commission, approves a zone map amendment to change a municipal zoning designation from “R-O” (Residential Office District) to “B-2” (Community Business District) for the property subject to the contingencies listed in Zoning Commission Resolution #Z-10240. RECOMMENDED MOTION: “Having heard and considered public comment, I hereby adopt the findings presented in the staff report for Z-10240 and move to approve the zone map amendment requested in application Z-10240 authorizing a zone map amendment for the subject property from “R- O” (Residential Office District) to “B-2” (Community Business District) subject to the contingencies listed on page two of the Staff report.” BACKGROUND: Betty Madill, on behalf of the Betty Madill Revocable Intervivous Trust of 403 Slough Creek Drive has made application to the Bozeman Planning Office to change a municipal zoning designation from “RO” (Residential Office District) to “B-2” (Community Business District) for the property in question subject to the contingencies listed in Zoning Commission Resolution #Z-10240. The intent of this zoning district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. The site consists of two existing lots, both being 1.5 acres or larger and arranged in proximity to the intersection of two arterial roads; Huffine Lane/US Highway 191 and Cottonwood Road. Staff has recommended approval of this request as noted in the REVIEW CRITERIA section beginning on page 3 of the attached staff report. The request for a change to the City of Bozeman Zone Map was considered by the Zoning Commission at their October 19, 2010 public hearing. The Zoning Commission voted 3-0 to recommend approval of the zone map amendment from or “R-O” to “B-2” zoning as noted in attached Resolution #Z-10240 and the minutes from said meeting. Commission Memorandum 179 Report Complied on December 23, 2010 On November 8, 2010 the City Commission held their public hearing on said matter and after finding that the applicant or applicant’s representative was not present to discuss the application the Commission voted to “open and continue” consideration of the zone map amendment application until the regular scheduled City Commission meeting of January 3, 2011. UNRESOLVED ISSUES: None determined at this time ALTERNATIVES: 1) Approve the zone map amendment as recommended above by the Zoning Commission and Staff. 2) Deny the zone amendment request. FISCAL EFFECTS: Establishing the new municipal zoning will enable the applicant to construct the two lots as commercial property. This could potentially increase tax values and corresponding revenue from the property. It is undetermined at this time if the City would accrue additional costs to service the property with municipal service if developed as commercial in-lieu of residential office type land uses. Attachments: Zoning Commission Resolution #Z-10240 Zoning Commission Minutes of October 19, 2010 Staff Report Aerial Photograph Applicant’s Submittal Materials 180 Loyal Garden ZMA Staff Report #Z-10240 1 LOYAL GARDEN ZONE MAP AMENDMENT FILE NO. Z-10240 BOZEMAN ZONING COMMISSION STAFF REPORT Item: Zoning Application No. Z-10240 --- An application to amend the City of Bozeman Zone Map to allow a change in a municipal zoning designation on approximately 3.18± acres of land from “R-O” (Residential Office District) to “B-2”, (Community Business District), on property legally described as Lot 2 and Lot 3, Block 1 of Loyal Garden Subdivision, Phase 1A being a portion of Tract 1, COS No. 24 and portions of COS No. 25 located in the NE¼ of Section 16, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana Applicant/Owner: Betty Madill Revocable Intervivous Trust Betty Madill 403 Slough Creek Drive Bozeman, MT 59718 Representative: Comma-Q Architecture 109 North Rouse Avenue, Suite #1 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: Dave Skelton, Senior Planner Recommendation: Approval of “B-2” (Community Business District) with Contingencies ---------------------------------------------------------------------------------------------------------------------------- Location/Description: The property is situated at the southwest corner of the intersection of Huffine Lane and Cottonwood Road, is commonly referred to as 870 and 880 Winnow Circle, and is legally described as being Lot 2 and Lot 3, Block 1, Loyal Garden Subdivision, Phase 1A being a portion of Tract 1, COS No. 24 and portions of COS No. 25 located in the NE¼ of Section 16, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property under consideration is approximately 3.18± acres in size and fronts onto the south side of Huffine Lane and west side of Cottonwood Road. Please refer to the vicinity map on the following page and aerial photo exhibits attached to this staff report. 181 Loyal Garden ZMA Staff Report #Z-10240 2 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 Section 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 municipal zoning designation from “R-O” (Residential Office District) to “B-2” (Community Business District), contingent on the following terms and contingencies: 1. That all documents and exhibits necessary to amend the municipal zoning designation shall be identified as the “Loyal Garden Zone Map Amendment”. 2. That the applicant submit a zone amendment map, titled “Loyal Garden Zone Map Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property and zoning districts, and total acreage of the property. 3. 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. 182 Loyal Garden ZMA Staff Report #Z-10240 3 Proposal: The landowner has made application to the City of Bozeman Department of Planning and Community Development for a Zone Map Amendment to change the City of Bozeman Zone Map zoning designation from “R-O” (Residential Office) to “B-2” (Community Business District) on approximately 3.18± acres of land lying in the northeast corner of Loyal Garden Subdivision, Phase 1A. The subject property is currently located within the corporate limits of the City of Bozeman having annexed into the City on February 21, 2006. 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. Background: Annexation of the site being considered with this application was granted by the City Commission in February of 2006. Shortly thereafter preliminary plat approval of Loyal Garden Subdivision was granted in May of 2006 to subdivide approximately 75 acres of agricultural land into 154 subdivision lots that includes a mix of residential lots ranging from single family and two-family household dwellings to high density residential and residential office lots. To achieve the mix of residential land uses a zone map amendment was processed and approved concurrently with annexation of the lands to include municipal zoning designations for R-1, R-2, R-3, R-4 and R-O as illustrated in the exhibit below. Loyal Garden Subdivision Zoning Designations The lands identified in the above exhibit illustrates the Residential Office lots in the upper right-hand corner, or northeast corner of the subdivision, and includes Lots 1-3, Block 1 of Loyal Garden Subdivision, Phase 1A. Lot 1 is currently occupied by a 13,000 square foot metal warehouse structure and is not part this zone map amendment application. 183 Loyal Garden ZMA Staff Report #Z-10240 4 On June 1, 2001 the City Commission adopted the Bozeman Community Plan under City of Bozeman Resolution No. 4163 that included a revised Future Land Use Map for said area from “Residential” to “Community Commercial Mixed Uses”. It is the intent of the applicant to rezone the two parcels in question to comply with the Future Land Use Map of the Bozeman Community Plan. Land Classification and Zoning: The subject property is currently occupied by a single family residence and accessory structure on Lot 2 while Lot 3 is partially developed as a tree farm. No mature vegetation, bushes or outcroppings have been identified on the site. No physical features, water course, or associated wetlands exist on the site in questions. Existing right-of-way for Huffine Lane/ US Highway 191 runs along the property’s north boundary and South Cottonwood Road is situated on its east boundary. The following land uses and zoning are adjacent to the subject property: North: Huffine Lane/US Highway 191 and developed lands zoned “BP”, Business Park District (Billion Plaza). South: Remaining lots of Loyal Garden Subdivision, Phase 1A and 1B zoned “R-2” (Residential Two Household District) and “R-1”, (Residential, Single Household Low Density District). East: Cottonwood Road and agricultural County lands; zoned “A-S”, (Agricultural Suburban District). West: Remaining lots of Loyal Garden Subdivision, Phase 1A zoned “R-O” (Residential Office District) being Lot 1 of Block 1, “R-3” (Residential Medium Density District) and “R-4” (Residential High Density District). REVIEW CRITERIA: The Bozeman Planning Office has reviewed the application for a Zone Map Amendment against the Bozeman Community Plan, the City of Bozeman Zoning Ordinance, and the twelve (12) criteria established in Section 76-2-304, Montana Codes Annotated, and as a result offer the following summary-review comments for consideration by the Zoning Commission and City Commission. 1. Is the new zoning designed in accordance with the comprehensive plan? Yes. The Future Land Use Map of the Bozeman Community Plan designates the property to develop as “Community Commercial Mixed Use.” As noted, the recent update to the Bozeman Community Plan changed the future land use map, Figure 3-1, for this area from “Residential” to “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, 184 Loyal Garden ZMA Staff Report #Z-10240 5 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 intent of the changed 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 bordered on one or more sides by limited access arterial streets. The site consists of two existing lots, 1.5 acres or larger arranged in proximity to the intersection of two arterial roads; Huffine Lane/US Highway 191 and Cottonwood Road. 2. Is the new zoning designed to lessen congestion in the streets? Neutral. The area’s transportation network system for the proposed zoning designation was evaluated and constructed with the approval of Loyal Garden Subdivision. Both lots may be accessed by one of two local streets constructed with subdivision approval (i.e., Winnow Circle and Alpha Drive) or a public driveway that connects with the principle arterial, Cottonwood Road. 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 development of the property. All 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. A 12-inch water main and 6-inch sanitary sewer main bisect the two lots from Cottonwood Road for the extension of municipal services to each lot. Development of the two lots will require review and approval by the City Engineer’s Office, Director of Public Service and Building Division to ensure the protection of public health, safety and welfare. 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) zoning district provides the necessary provisions (i.e., yard setbacks, watercourse setbacks, lot coverage, structure heights, etc.). Building setbacks have been established to allow for adequate light and air. The City’s zoning standards have been found to provide for adequate light and air, especially in conjunction with the construction standards of the International Building Code. 185 Loyal Garden ZMA Staff Report #Z-10240 6 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 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. Density is controlled through minimum area per dwelling requirements, lot coverage, building height, parking requirements, and other standards that act as a check on density of development. Municipal water and sewer services are available which will reduce impacts of potential population. 8. Will the new zoning facilitate the adequate provisions of transportation, water, sewer, schools, parks, fire, police and other public requirements? Yes. Assessment of the impacts to infrastructure, public services, schools, park land, and other community requirements were evaluated during preliminary subdivision plat review of Loyal Garden Subdivision. Said impacts identified with future development of the property have been mitigated with the conditions of approval set forth by the City Commission. This will be further evaluated during site plan review by the Development Review Committee (DRC) with specific site-related conditions for development of each lot. Adequate municipal infrastructure is located in proximity to both lots and may be extended to the property by the landowner/developer for further development of the sites. Emergency services are currently serving this area, and municipal police and fire are within adequate response time of the site. 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 character of the district by matching the existing commercial uses established north of Huffine Lane in the general area of the two intersecting principal arterials (i.e., Huffine Lane/US Highway 191). As noted, the site’s proximity directly adjacent to Huffine Lane and Cottonwood Road right of way lends itself to commercial uses, especially if access from Cottonwood Road is sought as the primary 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 186 Loyal Garden ZMA Staff Report #Z-10240 7 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 existing, adjacent land uses and planned future land uses. As envisioned by the Bozeman Community Plan this area is to continue to develop as “Community Commercial Mixed Use.” Furthermore, the proposed zoning gives reasonable consideration to the existing mixed-use character of the area; 1) community commercial uses to the north of Huffine Lane (i.e., Billion Auto Plaza and First Security Bank), 2) medium and high density residential lots and residential-office warehousing lot to the west (i.e., Loyal Garden Subdivision), 3) low density residential to the south (i.e., Loyal Garden Subdivision), and 4) agricultural County lands to the east of Cottonwood Road. During the design of the subdivision, the developer established the Baxter Creek open space corridor to provide a green belt between the residential office lots and residential development to the west. The developer also created public parklands and water features to the south as a buffer from the residential lots to the south. These amenities invite a reasonable transition of compatibility between the residential and commercial lots in the subdivision. Any future development within the proposed “B-2” district must provide proper setbacks from property lines and comply with all other standards. This includes addressing the Bozeman Design Objectives Plan for the West Main Street entryway overlay district. 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 other adjacent zoning designations and uses expected within those zoning designations. The site in question contains two of three existing lots planned as an area of reasonable transition between commercial uses and a mixed of residential uses. The transportation network serving the area is adequate, 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 proposed zoning reflects the existing long term uses of the property. The growth policy is the means by which land use patterns are evaluated and locations for appropriate uses assigned in a broad fashion. The area in question is an extension of the community commercial mixed use designation currently situated on the north side of Huffine Lane. Focusing community commercial activities into mutually reinforcing centralized areas enables each business to take advantage of the presence of customers and employees of other businesses. It enables greater convenience for people with shorter travel distances to a wide range of businesses and limits commercial and heavy truck circulation through the city. A central location enables greater access to employment and services with a reduced dependence on the 187 Loyal Garden ZMA Staff Report #Z-10240 8 local streets, greater efficiencies in delivery of public services, and corresponding cost savings in both personal and commercial applications. As discussed in several other criteria in this report, the proposed zoning is in compliance with the adopted growth policy and the adopted land use development pattern contained within it. Such restrictions as do exist will be adequately addressed through the development standards of the UDO. Therefore, this proposed zoning does encourage the most appropriate use of land in the municipality. PUBLIC COMMENT 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 written comments received by the Planning Office following completion of the respective review packets 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 “R-O” (Residential Office District) to “B-2” (Community Business District) for 3.18± acres of land being Lot 2 and Lot 3, Block 1 of Loyal Garden Subdivision. 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 8, 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 Betty Madill, 403 Slough Creek Road, Bozeman, MT 59718 Comma-Q Architecture, 109 North Rouse Avenue, Suite #1, Bozeman, MT 59715 ATTACHMENTS Aerial & Site Exhibits Applicant’s submittal materials 188 Loyal Garden ZMA 1 RESOLUTION #Z-10240 RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF BOZEMAN ZONING MAP TO ALLOW A CHANGE IN A MUNICIPAL ZONING DESIGNATION ON APPROXIMATELY 3.18± ACRES OF LAND FROM “R-O” (RESIDENTIAL OFFICE DISTRICT) TO “B-2” (COMMUNITY BUSINESS DISTRICT) ON PROPERTY LEGALLY DESCRIBED AS LOT 2 AND LOT 3, BLOCK 1 OF LOYAL GARDEN SUBDIVISION, PHASE 1A BEING A PORTION OF TRACT 1, COS NO. 24 AND PORTIONS OF COS NO. 25 LOCATED IN THE NE1/4 OF SECTION 16, T2S, R5E, PMM CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 18.70 of the Bozeman Unified Development Ordinance sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, Betty Madill, on behalf of the Betty Madill Revocable Intervivous Trust applied for a zoning map amendment, pursuant to Chapter 18.70 of the Bozeman Unified Development Ordinance, to amend the Bozeman zoning map to allow a change in a municipal zoning designation on approximately 3.18± acres of land from “R-O” (Residential Office District) 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 October 19, 2010, to formally receive and review all written and oral testimony on the proposed zoning map amendment; and 189 Loyal Garden ZMA 2 WHEREAS, no public testimony was received at the public hearing on the matter of the zone map amendment; and WHEREAS, the City of Bozeman Zoning Commission discussed the Community Commercial Mixed Use land use designation, improvements to Cottonwood Road, preservation of the existing residence, and future condition of Farmer’s Canal and Baxter Creek; 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-10240 to allow a change in a municipal zoning designation on approximately 3.18± acres of land from “R-O” (Residential Office District) to “B-2”, (Community Business District), on property legally described as Lot 2 and Lot 3, Block 1 of Loyal Garden Subdivision, Phase 1A being a portion of Tract 1, COS No. 24 and portions of COS No. 25 located in the NE¼ of Section 16, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana subject to the following contingencies: 1. That all documents and exhibits necessary to amend the municipal zoning designation shall be identified as the “Loyal Garden Zone Map Amendment”. 2. That the applicant submit a zone amendment map, titled “Loyal Garden Zone Map Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property and zoning districts, and total acreage of the property. 3. 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-10240 _____________________________ ____________________________ Dave Skelton, Senior Planner JP Pomnichowski, Chairperson Dept. of Planning & Community Development City of Bozeman Zoning Commission 190 Zoning Commission Minutes – October 19, 2010 1 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. 191 Zoning Commission Minutes – October 19, 2010 2 (Saunders) 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. 192 Zoning Commission Minutes – October 19, 2010 3 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 193 Zoning Commission Minutes – October 19, 2010 4 the City Commission for Zone Map Amendment Application #Z-10244. 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 194 Zoning Commission Minutes – October 19, 2010 5 available to answer questions. 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 195 Page 1 of 1 November 17, 2010 Bozeman City Planning Department 20 E Olive St. P.O. Box 1230 Bozeman, MT 59715 Loyal Garden – Lot 2 & 3 ZMA Dear Commissioners, I would like to take this opportunity to apologize for any inconvenience my absence has caused during the city commission meeting held on Monday November 8th, 2010. The combination of stacking work tasks and personal responsibilities led me to inadvertently overlook the time and date I was required to appear in front of the commission on the behalf of Loyal Garden Subdivision. Lastly, I would like to ask the commission to indulge me with any comments beyond what has already been addressed by the process of meetings and reviews the application has undertaken. Sincerely, Cole Robertson, Comma – Q Architecture Inc 196 Page 1 of 1 MEMO Date: November 17, 2010 Subject: Loyal Garden ZMA, Lots 2 & 3 Attention: Bozeman City Commissioners From: Cole Robertson, AIT 1. Please accept my sincere apology for any inconvenience my absence has caused during the city commission meeting held on Monday November 8th, 2010. A combination of stacking work tasks and personal responsibilities led me to inadvertently overlook the time and date of my scheduled appearance in front of the Commission on the behalf of Loyal Garden Subdivision. 2. A significant amount of time and effort was expended by our firm, the Department of Planning and Community Development, and the Owner to address issues surrounding the proposed Zone Map Amendment, which makes our failing particularly disappointing. Throughout the process we have benefited from constructive review by the Planning Office, the Development Review Committee and the Bozeman Zoning Commission; we feel that, as a team, we have addressed all issues and that conditions of approval have been met. We also feel the project presents an opportunity to align the property with city of Bozeman Growth Policy. However, as the final authority, if you as commissioners have any concerns or comments beyond the scope of what has already been addressed, please contact me at your earliest convenience. 197 198 199 200 201 202 203 204 205 206 207 208 209 210