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HomeMy WebLinkAbout2011-2012 Work Plan Item- Policy Discussion; Bridger View Trailer Park Status.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Planning Director Tim McHarg, Planning Director SUBJECT: Status and potential rezoning of the former Bridger View Trailer Park on Bridger Drive MEETING DATE: May 9, 2011 AGENDA ITEM TYPE: Discussion Item RECOMMENDATION: Consider status and give direction to Staff to act or not act to initiate a zone map amendment on the property. RECOMMENDED MOTION: None BACKGROUND: History. The Bridger View Trailer Park (BVTP) was located SW of the intersection of Story Mill Road and Bridger Drive. The site was included in the Story Mill Neighborhood project. The City first officially saw the proposal when Blue Sky Development made application for an informal review in October 2006. The City Commission considered the informal proposal on December 11, 2006. The project had been announced and discussed in the community prior to that date. The project was a complex mixed use infill and redevelopment of approximately 106 acres in the northeast quadrant of Bozeman. The project was on the south and east sides of Rouse Avenue/Bridger Drive and is bounded on the south by Bryant Street and the edge of the Story Hills on the east. The Story Mill area is an eclectic mix of uses with a long history of development. The Story Mill was the largest industrial employer in early Bozeman history and remained an active mill into the late 1960’s. The mill property has been used for a variety of things since the milling ended but its full potential has not been utilized. Other uses in the area include the former stockyards and associated slaughterhouse, now out of use, abandoned rail lines, residences, and a variety of industrial uses to the northwest. The proposed development included the removal of the existing manufactured home community and replacement with other housing. The BVTP had 92 homes and had been established for many years. The potential displacement of so many households was quite controversial. The City’s Neighborhood Coordinator assisted in setting up several meetings to discuss the proposal between the developer and the residents of the BVTP. Staff conducted research on the inventory 104 of manufactured homes, see the table below. The Commission requested that Staff investigate the options for addressing the issue including the possibility of an interim zoning ordinance. The interim ordinance was considered by the Commission on September 11, 2006. As part of the research Staff found several statutory limitations on how the City could intervene in the operation of a manufactured home community. The City can’t compel an owner to continue to operate or intervene between the owner and tenant. The Commission did not adopt the interim ordinance. The developer began to purchase the individual mobile homes located within the BVTP. Bozeman City Mobile Home Inventory - 2006 The project required numerous application steps beginning with modifications to the City’s growth policy and zoning maps to accommodate the configuration and types of uses proposed with the project. The growth policy amendments were approved on March 17, 2007, the zoning amendments were approved on April 2, 2007. The zone map amendment application map of existing and proposed zoning are shown on the two graphics below. The area which made up the BVTP are indicated by the circled numbers 16 and 17 to the top of the images. The beginning zoning on the BVTP was RMH, Residential Manufactured Home. The zoning ultimately approved included R-2, Medium Density Residential (shown in peach), R-4, Residential High Density (shown in umber), and B-1, Neighborhood Business District (shown in salmon). The various uses in the residential zoning districts is shown in Chapter 18.16, BMC. The RMH district allows both manufactured and site built homes as principal uses. Park Name Address # of pads # of Vacant Pads # of Units "For Sale" Babcock Vista 2745 Crab Tree St. 90 0 1 Bridger View Court 702 Bridger Dr. 92 0 6 Celander Trailer Court 2124 N. Rouse Ave. 9 0 0 Eldrige Trailer Court 1232 W. Babcock Ave. 10 0 0 Gallatin Village 315 E. Griffin Dr. 38 0 0 Glenwood Meadows 3 Meghans Way 42 0 2 Yellowstone Peaks 8 Sunlight Avenue 35 0 4 Hiland Court 1207 E. Main St. 6 2 0 N. Willson Court 409 N. Willson 15 0 1 Nelson's Trailer Court 816 N. 17th Ave. 58 0 2 Rocky Creek Trailer Court 1501 Bohart Lane 18 1 0 Sunset Trailer Court 810 N. 7th Ave. 24 0 2 W. College Court 2405 W. College St. 58 0 0 Wagon Wheel Court 2220 W. Main St. 132 0 1 City Total 627 3 19 105 The Story Mill Neighborhood project made formal application for approval in 2007 and the project was granted preliminary subdivision plat and PUD approval by the Commission on December 3, 2007. The project was the most intensive development application the City had ever 106 received. The original approval period was for 1 year by which the final PUD application was due. Subsequently, two requests for extensions of the preliminary approval were requested and granted. However, the necessary final documents were never provided to the City and on December 8, 2009 the City sent notice in writing to the developer that the approval had expired. Amendment Process. The zoning changes initiated in 2007 were finalized before the action by the Commission on the PUD and related subdivision and the expiration of the PUD approval did not undo the earlier zone map amendments. Only another zone map amendment can change the map back to what existed before the Story Mill Neighborhood project began. A zone map amendment process is spelled out in Chapter 18.70, BMC and may be initiated by the City Commission, Zoning Commission, or a landowner. Regardless of who initiates the amendment it follows the same process steps of: · Application · Staff review · Zoning commission public hearing · City Commission public hearing · Adoption of an implementing ordinance to execute the final decision to amend A decision to amend is normally a simple majority decision by the Commission. However, if a valid protest against the amendment is received then it requires a two-thirds majority of the present and voting Commissioners to approve the amendment. In order to process an ordinance amending the zone map a metes and bounds description of the property is required. This can be either by reference to a recorded plat or certificate of survey or be a specific survey of the proposed amendment. The area of the former BVTP is part of certificate of survey 2547, however, the zoning boundaries were configured for the Story Mill Neighborhood project and do not coincide with the survey boundaries. As shown on the lower image on the preceding page, a portion of the site has been designated as commercial. This area is approximately three acres and is the area of the easternmost cul-de-sac in the BVTP. To rezone the entire former BVTP to residential uses would first require a growth policy amendment. A manufactured home community on a single lot is only permitted in the RMH zoning district. Redevelopment issues. In addition to the question of zoning several other items must be addressed before redevelopment of the site. The original BVTP predated the subdivision and platting act. A manufactured home community is by state law considered a subdivision by rent or lease and is subject to the Montana Subdivision and Platting Act. Therefore, it follows the standard three step process for subdivision review of pre-application, preliminary plat, and final plat even though the actual plat is not recorded. Redevelopment is not as simple a clearing up trash and moving new homes onto the site. The infrastructure that was originally installed for the BVTP is substandard and must be wholly replaced before any redevelopment of the site. The water services were a system separate from the City. The DEQ has informed us that the permit for this system has expired and is no longer valid. Capacity in sewer, water, and street main systems is adjacent to the site and is adequate to support replacement of the original 92 homes if new local materials are installed. The current site is primarily zoned as residential and would not require rezoning to develop a standard 107 subdivision in the residentially zoned area. The City’s zoning standards allow individual manufactured homes on individual lots in any residential zoning district. Therefore, the site could be immediately redeveloped as a subdivision with multiple lots without needing to first rezone. This would be the shortest path. Redevelopment as a manufactured home community is also possible but would require rezoning first. The site has not had adequate upkeep since the property went into bankruptcy. The City Attorney has been able to work with the owner to remove some immediate safety problems but there is additional work necessary. Any redevelopment of the site will require immediate clean up of the remaining trash and abandoned materials. One key item in any future redevelopment is the on-going bankruptcy proceedings. It is unknown as to who will be the property owner and their interests in changing the zoning. Although the City Commission can direct a zoning change with or without the owner’s permission any future development of the site must be initiated by the owner. UNRESOLVED ISSUES: Uncertainty as to the current property owner and status of the bankruptcy ALTERNATIVES: It is expected that alternatives will be identified during the discussion item. FISCAL EFFECTS: None for discussion. Depending on the direction given, Staff can provide an estimated cost of action. Attachments: None Report compiled on: April 28, 2011 108