HomeMy WebLinkAboutSpring Creek Village Resort Lot 4 Zone Map Amendment
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director DPCD
Tim McHarg, Director DPCD
SUBJECT: Zone Map Amendment Z-11002, Minor Subdivision 295, Spring Creek
Village Resort, Lot 4
MEETING DATE: March 26, 2012
AGENDA ITEM TYPE: Action.
RECOMMENDATION: Continue the public hearing for Z-11002, which proposes to amend
the zoning map until May 28, 2012.
Recommended motion: Alternatives having been identified to address the concerns identified in
the staff report regarding this application which have resulted in an unfavorable
recommendation and those alternatives requiring some time to complete I move to continue this
application until May 28, 2012.
BACKGROUND: The applicant has requested a change in the zoning map from BP,
Business Park to B-2, Community Business on slightly less than 20 acres located NW of the
intersection of W. Main Street and Resort Drive. The Commission considered this application on
February 27, 2012. At that time the Commission requested staff and applicants to investigate
options to address the resolution of outstanding concerns on the proposed zoning change.
Staff and applicants have met and identified an option which appears acceptable to both parties.
The completion of this option requires an amendment to the existing notes on the final plat for
Minor Subdivision 295. The proposed continuation should allow adequate time to have the
Commission consider and act on the possible amendment to Minor Subdivision 295 prior to
considering the continued public hearing for this application.
UNRESOLVED ISSUES:
ALTERNATIVES:
1. Approve the application as submitted. This would change the zoning to B-2 (Community
Business) on the entire parcel of land and future development on the site would be
subject to the standards of the B-2 district and other relevant City standards.
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2. Deny the application. This would leave the existing BP (Business Park) zoning in place
and future development on the site would be subject to the standards of the BP district
and the other relevant City standards.
3. Approve a portion of the application to change the zoning for less than the entire area of
the property. The approval could be for any sized portion as the notice has included the
entire property. If the Commission chooses this option, any motion should be clear in
establishing the area such stating a distance in feet from the Huffine Lane right of way
line which will be the northern boundary of the B-2 area.
Per Section 38.37.030.D.2, BMC if the Commission desires to approve rezoning of less
than the full area of the lot as requested in the initial application, the Commission should
continue the item for one week to allow the applicant to consider if they wish to protest
the Commission’s action. A protest by the applicant will require a super-majority to
approve in the same form as other protests.
4. Continue the application to May 28, 2012.
All motions should be phrased in the positive. If the motion does not receive at least three
favorable votes the motion fails. Suggested motion language for the three options listed
above follows.
1. Having heard and considered public comment and all submitted materials and staff
findings, I hereby move to approve the zone map amendment requested in application Z-
11002 authorizing a zone map amendment for the subject property from “BP” (Business
Park District) to “B-2” (Community Business District) subject to the contingencies listed
on page 2 of the staff report and find [insert alternate findings for criteria A, D, J and
M].
2. Having heard and considered public comment and all submitted materials and staff
findings, I hereby adopt the findings presented in the staff report and move to retain the
existing zoning district of “BP” (Business Park District) on Lot 4, Minor Subdivision
295, Spring Creek Village Resort.
3. Having heard and considered public comment and all submitted materials and staff
findings, I hereby find that it is best to change the zoning from Business Park to B-2,
Community Business District for less than the entirety of the subject site and move to
approve B-2, Community Business beginning from the Huffine Lane right-of-way line and
going north [insert distance] and find [insert alternate findings for criteria A, D, J and
M]. I further move to continue this application for one week to enable the applicant to
consider whether or not to protest this proposed action as set forth in Section
38.37.030.D.2 of the Bozeman Municipal Code.
4. Alternatives having been identified to address the concerns identified in the staff report
regarding this application which have resulted in an unfavorable recommendation and
those alternatives requiring some time to complete I move to continue this application
until May 28, 2012.
FISCAL EFFECTS: There are no direct expenses to the City budget associated with a zone
map amendment whether it is implemented or not.
Attachments:
None
Report compiled on: March 9, 2012
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