HomeMy WebLinkAboutSouth Wallace Zone Map Amendment Z-12122_17
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Tim McHarg, Planning Director
SUBJECT: South Wallace Zone Map Amendment #Z-12122
MEETING DATE: August 6, 2012
AGENDA ITEM TYPE: Action (Legislative)
RECOMMENDATION: The City Commission reviews the application materials, considers
public comment and, as recommended in the staff report and by the Zoning Commission,
approves the zone map amendment for B-3 with the 3 recommended contingencies listed on page
2 of the staff report.
RECOMMENDED MOTION: Having reviewed the application materials, considered
public comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for file #Z-12122 and move to approve the zone map
amendment for B-3 with the 3 recommended contingencies listed on page 2 of the staff
report.
BACKGROUND: The property owner(s), Gallatin Seed Company Condominium Association
and Olive & Wallace LLC, represented by Intrinsik Architecture, have made application to the
Bozeman Department of Planning and Community Development for a Zone Map Amendment
(ZMA) to rezone approximately 2.9 acres from R-4 (Residential High Density) to B-3 (Central
Business District). The subject properties are located on South Wallace Avenue, in the vicinity of
East Olive and East Curtiss Streets (immediately west of the Bozeman Public Library). The
properties are more commonly known as the Gallatin Seed Company property located on the
west side of South Wallace Avenue between East Olive Street and East Curtiss Street; the old
Harrington’s building located on the east side of South Wallace Avenue and the vacant property
immediately to its south.
This rezoning application includes properties that have been historically used for
commercial/industrial purposes as evidenced by the existing commercial buildings and uses.
Complicating the continued use or redevelopment of these particular properties for commercial
use is the fact that the properties are currently zoned R-4 (High Density Residential) thus making
them largely non-conforming. Due to this fact, and with the desire of encouraging the expansion
of the City’s Downtown area, the City amended its Growth Policy and Future Land Use Map in
June, 2009 to recognize these properties, along with others, as part of the City’s “Community
Core” designation, which correspond and support a rezoning to B-3 in order to facilitate their
continued commercial use and/or redevelopment.
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Due to the existing commercial nature of these properties and their proximity/adjacency to the
City’s Downtown, this area of the City was also included within the City’s Downtown
Improvement Plan (adopted on December 14, 2009), as part of its “East Gateway District”.
The City’s B-3 zoning district also contains zoning incentives to foster or encourage
development/redevelopment in the Community Core designation. This includes reduced setback
requirements, increased height allowances and, as encouraged by the Downtown Improvement
Plan, reduced parking requirements for B-3 properties.
On June 20, 2012 the Development Review Committee (DRC) recommended approval of the
application and their recommended contingencies are included on page 2 of the attached staff
report.
The Zoning Commission held a public hearing on July 17, 2012 to formally receive and review
the application and all written and oral testimony on the proposal. The Zoning Commission
voted 3-0 to recommend approval of the requested B-3 zoning to the City Commission. The
Zoning Commission discussion and public comment received at the hearing are found in the
attached minutes from their meeting, as well as the attached Zoning Commission Resolution.
UNRESOLVED ISSUES: As indicated in the attached Zoning Commission minutes and the
two submitted written comments, several persons in the surrounding neighborhood have
expressed concerns with the rezoning of the subject property. The most common concerns relate
to existing traffic on South Wallace, (largely in relation to the Library but also the potential
addition of more traffic with this B-3 zoning proposal); existing and future parking congestion in
the area; and the lack of a specific development plan for the vacant property that is part of the
rezone.
Staff would offer the following regarding these specific public comment items:
Traffic on South Wallace in relation to the Library: While no specific traffic data exists, it is
evident that a great deal of Library traffic currently enters and exits the facility via South
Wallace. A portion of this traffic is likely due to the fact that the “pork chop” at the Main Street
Library entrance eliminates west bound exits and west bound entrances off Main Street. Planning
staff met with Engineering and Library staff following the Zoning Commission meeting and it
was determined that the Montana Department of Transportation (MDT) has indicated that this
“pork chop” could be removed by the City to not restrict these movements. (This may be a
potential short term solution to alleviate a portion of the Library traffic using South Wallace).
We have been advised that MDT will not provide funding for the removal of the “pork chop”.
Also, when the Library site plan was designed, the traffic circle in front of the Library’s west
entrance, (as developed and shown in the applicant’s provided aerial photograph), was
envisioned to possibly connect to an extension of East Babcock Street to the west if and when
the intervening (Empire Building Materials) property redeveloped of if the necessary property or
right-of-way was ever acquired by the City. (This represents a potential long term solution to
alleviate a significant portion of Library traffic using South Wallace).
Another item discussed at the Zoning Commission meeting was at what threshold a traffic
impact study would be required to be completed as part of future development/redevelopment of
the properties included in the rezoning? While no clear threshold exists within the code (it is at
the discretion of the City Engineer), staff would recommend and encourage the Commission to
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support that any significant development or redevelopment applications of the subject properties
(other than perhaps a reuse application) would require submittal of a traffic impact study.
Existing and future parking congestion in the area: As the Commission has previously heard in
testimony on the Cider House project on the corner of East Babcock and Wallace in July, the
neighborhood has expressed concerns with parking congestion in this area; especially during
community events staged at Bogert Park, Lindley Park, Peets Hill and/or the Bozeman Public
Library. The neighbors indicated that this rezoning may only exacerbate this problem.
Certainly any future development or redevelopment applications for the subject properties will
be evaluated under current code standards for required off street parking. It is true that, as
recommended in the Downtown Improvement Plan to promote Downtown
development/redevelopment, the code was recently amended in order that “the first 3,000 square
feet of a nonresidential building within the B-3 district is not required to provide parking.” Staff
believes this was a very specific policy direction to foster Core (Downtown) area
development/redevelopment as the requirement for surface parking adds significant costs to new
development but it is also an effort to encourage multi-modal transportation downtown (biking,
walking, etc.) and less reliance on the automobile to individual downtown businesses. It is also
possible that a full build out of the subject properties to R-4 (e.g. Apartments) could also have
very significant traffic and parking impacts in the area that may be more of a 24/7 nature. This
item is also addressed under criteria B of the staff report.
Whether there are any future operational changes regarding special events in this area that may
help alleviate parking congestion is perhaps something that can be discussed by the Commission
in a future policy meeting. The creation of additional pedestrian linkages (for example from the
Library parking lot west across the subject properties as they may develop/redevelop) may also
help to provide additional (conveniently accessible) parking for events like the Farmers Market.
The lack of a specific development plan for the vacant property: As the Commission is aware,
the City cannot condition a rezoning on a specific development plan. The City must review a
rezone against the established State and Municipal Code criteria and largely determine that the
range of uses permitted within the requested zoning district is appropriate in that location. Also,
as any significant development or redevelopment proposal is presented in the future, the City’s
notification processes will ensure the neighborhood is notified and has opportunity for review
and comment. Future required review processes and compliance with adopted code standards
specifically look at compatibility with surrounding land uses. Compatibility, as it relates to this
rezone, is also addressed under criteria M of the staff report.
ALTERNATIVES: 1) Approve the zone map amendment as recommended by Staff, the
DRC and Zoning Commission.
2) Deny the zone amendment request and/or consider a zoning
designation different than what has been requested by the
applicants and continue the item for a minimum of one week to
allow the applicant to consider their options and whether to protest
the possible action (as required under 38.37.030.D.2 of the BMC).
FISCAL EFFECTS: Rezoning the property will not have any immediate fiscal effects to the
City. Future development/redevelopment of the properties under the requested B-3 zoning may
increase tax values and corresponding revenue from the properties.
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Attachments: Staff Report, Applicant’s submittal materials, Zoning Commission Resolution #Z-
12122, Zoning Commission Meeting Minutes 7-17-12, public comment
Report compiled on: July 25, 2012
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South Wallace ZMA Staff Report #Z-12122 Page 1 of 13
South Wallace Zone Map A mendment
File # Z -12 122
Zoning Commission and City Commission
Staff Report
Item: Zoning Application #Z-12122 – An application to amend the City of Bozeman Zone
Map to rezone approximately 2.9 acres from R-4 (Residential High Density District) to
B-3 (Central Business District).
Owners/Applicants: Gallatin Seed Company Condominium Association, PO Box 6429, Bozeman,
MT 59771
Olive & Wallace LLC, 416 North Ida Avenue, Bozeman, MT 59715
Representative: Intrinsik Architecture, Inc., 416 North Tracy Avenue, Bozeman, MT 59715
Date/Time: Before the Bozeman Zoning Commission on Tuesday, July 17, 2012 at 6:00 PM in the
Commission Meeting Room, City Hall, 121 North Rouse Avenue Bozeman, Montana;
and before the Bozeman City Commission on Monday, August 6, 2012 at 6:00 PM in
the Commission Meeting Room, City Hall, 121 North Rouse Avenue Bozeman,
Montana
Report By: Doug Riley, Associate Planner
Recommendation: Approval of B-3 with contingencies
LOCATION
The subject properties are located on South Wallace Avenue, in the vicinity of East Olive and East
Curtiss Streets (immediately west of the City Library). The properties are more commonly known as
the Gallatin Seed Company property located on the west side of South Wallace Avenue between East
Olive Street and East Curtiss Street; the old Harrington’s building located on the east side of South
Wallace Avenue and the vacant property immediately to its south. The three combined properties are
approximately 2.9 acres in size. The property(s) are generally legally described as: Lots 11-20, Block
D, Rouse’s 2nd Add; Parcel 52-51-50-49-52 of COS No. 460; Amended Plat C-6-B: and Parcel A,
Amended Plat C-6 located in the SE ¼ of Section 7, Township 2 South, Range 6 East, PMM, City of
Bozeman, Gallatin County, Montana. Please refer to the vicinity map below and the aerial photo in the
applicant’s submittal materials.
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South Wallace ZMA Staff Report #Z-12122 Page 2 of 13
RECOMMENDED ZONING COMMISSION ACTION/MOTION:
Having reviewed the application materials, considered public comment, and considered all of the
information presented, I hereby adopt the findings presented in the staff report for application #Z-
12122 and move to recommend approval of the requested Zone Map Amendment to the City
Commission with the following contingencies:
1. That all documents and exhibits necessary to rezone the property(s) shall be identified as the
“South Wallace Zone Map Amendment”.
2. That the applicant submit a zone amendment map, titled “South Wallace 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(s) and zoning districts, and total acreage of the property(s).
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.
PROPOSAL
The property owner(s), Gallatin Seed Company Condominium Association and Olive & Wallace LLC,
represented by Intrinsik Architecture, have made application to the Bozeman Department of Planning
and Community Development for a Zone Map Amendment (ZMA) to rezone approximately 2.9 acres
from R-4 (Residential High Density) to B-3 (Central Business District).
The intent of the B-3 District is to provide a central area for the community’s business, government
service and cultural activities. Uses within this district should be appropriate to such a focal center
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South Wallace ZMA Staff Report #Z-12122 Page 3 of 13
with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and
planned expansion of the present district.
a. It is the intent of this district to encourage high volume, pedestrian-oriented uses in ground
floor space in the “core area” of the city’s central business district, i.e. along Main Street from
Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower
volume pedestrian uses such as professional offices may locate on ground floor space in the B-
3 area outside the above-defined core.
On June 20, 2012 the Development Review Committee (DRC) recommended approval of the
application with the recommended contingencies included above.
BACKGROUD
This rezoning application includes properties that have been historically used for commercial/industrial
purposes as evidenced by the existing commercial buildings and uses. Complicating the continued use
or redevelopment of these particular properties for commercial use is the fact that the properties are
currently zoned R-4 (High Density Residential) thus making them largely non-conforming. Due to this
fact, and with the desire of encouraging the expansion of the City’s Downtown area, the City amended
its Growth Policy and Future Land Use Map in June of 2009 to now recognize these properties, along
with others, as part of the City’s “Community Core” designation, which correspond and support a
rezoning to B-3 in order to facilitate their continued commercial use and/or re-development.
Due to the existing commercial nature of these properties and their proximity/adjacency to the City’s
Downtown, this area of the City was also included within the City’s new Downtown Improvement
Plan boundaries (adopted on December 14, 2009), as part of its “East Gateway” District (see copy of
map on page 6 of this report).
The City’s B-3 zoning district also contains certain zoning incentives to foster or encourage
development/redevelopment in the Community Core designation. This includes reduced setback
requirements, increased height allowances and, as encouraged by the Downtown Improvement Plan,
reduced parking requirements for B-3 properties.
LAND CLASSIFICATION AND ZONING
As previously indicated, the property on the west side of Wallace is currently used for commercial
(office) purposes. The northern portion of the property located on the east side of Wallace has been
historically used for a mix of retail/office/industrial uses while the southern portion of the property is
vacant. The following existing land uses and zoning (as shown on the below zoning map) are adjacent
to the subject property:
North: (Across East Olive) Residential use and zoned R-2 (Residential Single and Two
Family). North of East side of S. Wallace, commercial/warehouse use and zoned R-4.
South: (Across East Curtiss) Residential use and zoned R-2. South of East side of S. Wallace,
Library/Park property and zoned R-4.
East: Library use and zoned R-4.
West: (Across the Alley) Residential use and zoned R-2.
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South Wallace ZMA Staff Report #Z-12122 Page 4 of 13
Existing Zoning and Future Land Use Maps
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South Wallace ZMA Staff Report #Z-12122 Page 5 of 13
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South Wallace ZMA Staff Report #Z-12122 Page 6 of 13
REVIEW CRITERIA
The establishment of a zoning district is a legislative act to set policy relating to future development
proposals. The Bozeman Planning Office has reviewed the application for a Zone Map Amendment
against the Bozeman Community Plan, the City of Bozeman Unified Development Code (UDC), and
the thirteen (13) 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 and City Commission.
A. Be in accordance with a growth policy.
Yes. The subject property is recognized as “Community Core” on Figure 3-1 Future Land Use Map of
the Bozeman Community Plan as noted on the above map which corresponds to and supports the
requested B-3 zoning district. The “Community Core” land use designation of the Bozeman
Community Plan indicates that:
“The traditional core of Bozeman is the historic downtown. This area has an extensive mutually
supportive diversity of uses, a strong pedestrian and multi-modal transportation network, and a rich
architectural character. Essential government services, places of public assembly, and open spaces
provide the civic and social core of town. Residential development on upper floors is well established.
New residential uses should be high density. The area along Main Street should be preserved as a
place for high pedestrian activity uses, with strong pedestrian connectivity to other uses on nearby
streets. Users are drawn from the entire planning area and beyond. The intensity of development is
high with a Floor Area Ratio well over 1. Future development should continue to be intense while
providing areas of transition to adjacent areas and preserving the historic character of Main Street.”
Figure 3-1 (Future Lane Use Map) is not the only element of the growth policy which must be
considered. There are many goals, objectives, and other text which must also be evaluated. While not
every element will apply to every proposal, a broad evaluation of compliance is needed. A proposal
Library
Area of Subject
Properties
Downtown Improvement Plan
East Gateway District
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may comply with Figure 3-1 but not the other elements of the plan. To be in accordance with the
growth policy compliance must be to both Figure 3-1 and the other plan elements.
Supportive examples of applicable goals and objectives for this application include:
Chapter 3 Land Use:
Goal LU-2: Designate centers for commercial development rather than corridors to encourage
cohesive neighborhood development in conjunction with non-motorized transportation options.
Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed
uses, of brownfields and underutilized property within the City consistent with the
City’s adopted standards. Using this approach rehabilitate corridor based commercial
uses into a pattern more supportive of the principles supported by commercial centers.
Goal LU-3: Strengthen the Historic Core of Bozeman to preserve the community character,
economic resource, and historical connection represented by this area.
As previously indicated, these properties are also located within the boundaries of the City’s
“Downtown Bozeman Improvement Plan”, which is an adopted sub-area plan of the Bozeman
Community Plan. Specific to this proposal, this plan indicates that “downtown revitalization requires
property rehabilitation, new development, and injections of new capital…”. The plan also states that
the area containing these properties is primarily denoted for Office/Mixed Use as part of the East
Gateway District (as denoted on the above map). The Plan states that “the East Gateway is east of
Rouse and centered around the library, grocery store, and Lindley Park. This district has properties
that can be redeveloped to greater intensity, just as has already occurred on some. Care should be
taken, however, not to attempt to extend the retailing too far east. The retail core is already long and
there is evidence (closed stores and unleased space) that retail might not be the best ground floor use
this far away from the core. Office space or professional services could be acceptable and still add to
the vitality of downtown. There might be some pockets of retail, such as around the library, but the
Main Street retail core should be kept compact and walkable. There might also be a major art feature
that denotes the idea of “gateway.” One candidate location is the public space in front of the library.
Table C-16 “Zoning Correlation with Land Use Categories” of the Bozeman Community Plan (as
shown below), also indicates that the B-3 District is the appropriate zoning designation within the
“Community Core” Future Land Use Designation.
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South Wallace ZMA Staff Report #Z-12122 Page 8 of 13
In considering the appropriateness of a particular zoning district for a site, it is appropriate to consider
what district will most fully advance the community plan goals and aspirations. As a zone map
amendment is a legislative, not quasi-judicial, matter the City has broad discretion to decide the course
considered most suitable.
B. The effect on motorized and non-motorized transportation systems.
Neutral. As these properties have been historically used for a variety of commercial uses over the
years, the effect on motorized and non-motorized transportation systems are not expected to be
immediately impacted. Future development/redevelopment will be evaluated against current City
standards in terms of streets, parking, etc. to make sure these systems are adequate to accommodate
any future development or redevelopment applications. This is an area of the City where some of the
nearby residential landowners have previously expressed concerns regarding on-street parking
conditions/congestion. However, as identified in Guiding Principle #5 of the Downtown Improvement
Plan “Parking should not govern development potential; the amount of parking relative to
development should decrease.” It is with this philosophy that the UDC was recently amended to allow
the first 3,000 square feet of non-residential development within the B-3 District to be exempt from
providing off-street parking. This is an implementation/incentive effort to foster
development/redevelopment in the Core area as the requirement for surface parking adds significant
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South Wallace ZMA Staff Report #Z-12122 Page 9 of 13
costs to new development but it is also an effort to encourage multi-modal transportation downtown
(biking, walking, etc.) and less reliance on the automobile to individual downtown destinations.
C. Secure safety from fire, panic, and other dangers.
Yes. The regulatory provisions established in all of the 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 future
development/redevelopment of the subject properties. Per Article 1 of the UDC, the City of Bozeman
has the authority and power to require more stringent standards than the minimum requirements if it
ensures the best service in the public interest.
D. Promote public health, public safety, and general welfare.
Yes. The regulatory provisions established through the City’s municipal code under Chapter 38,
Unified Development Code (UDC), BMC, will adequately address the issues of health and general
welfare as part of any further development or re-development of the subject properties.
E. Reasonable provision of adequate light and air.
Yes. The regulatory standards set forth in the City of Bozeman UDC for the requested “B-3” zoning
district provides the necessary provisions (i.e., setbacks, lot coverage, open space and building
heights), which are intended to provide for adequate light and air for any proposed development on the
subject properties. These factors will also be evaluated as part of any future development or re-
development of the subject properties.
F. Prevention of overcrowding of land.
Yes. The proposed B-3 District includes provisions to prevent the overcrowding of land. If any
residential uses are proposed for the subject properties, corresponding parking and open space is
required. Specific regulatory/development and building code standards should prevent the
overcrowding of land, and maintain compatibility with the character of the surrounding area.
G. Avoiding undue concentration of population.
Yes. The B-3 District is designed primarily for commercial uses rather than residential uses as noted
in the table of permitted uses attached to the end of this report. Also, all of the City’s zoning districts
and corresponding development standards and review procedures help to assure any undue
concentration of population in relation to available infrastructure and services.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and
other public requirements.
Yes. As noted previously the properties have been historically used for commercial purposes. Any
future development/redevelopment of the subject properties will be evaluated against available
infrastructure and public services to serve the respective uses.
I. Conserving the value of buildings.
Yes. The existing buildings on the subject properties have been historically utilized for commercial
purposes. The rezoning of the subject properties to B-3 will remove their non-conforming status and
allow their value to be conserved and enhanced through the re-development incentives that the B-3
zoning district provides.
J. Character of the district.
Yes. As the subject properties have historically been used for commercial purposes, the character of
the district is not envisioned to be significantly altered. In fact, the B-3 zoning will encourage the
development/redevelopment of the subject properties for commercial uses that have been identified by
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South Wallace ZMA Staff Report #Z-12122 Page 10 of 13
the City’s Growth Policy and Downtown Improvement Plan for enhancement and renewed connection
to the City’s Downtown Core area. As stated in the intent section of the B-3 District, “room should be
provided in appropriate areas for logical and planned expansion of the present district”. While there
are adjacent (across the streets or alley) residential uses to the subject properties on the west side of
Wallace Street, further development or redevelopment of the subject properties will be evaluated as
part of those respective future applications (e.g. site plans, etc.) for compatibility with the district and
adjacent land uses.
K. Peculiar suitability for particular uses.
Yes. The proposed zone map amendment provides reasonable consideration to the character of the
district by maintaining the current land use patterns in the immediate area. The properties have been
historically used for commercial uses already and this rezoning would allow for continued
development/redevelopment that would best take advantage of the existing infrastructure (e.g. streets,
sewer, water, etc.) available to the properties.
L. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The City, through its Growth Policy and Downtown Improvement Planning efforts have
identified that these properties are appropriate for B-3 zoning and associated uses. The requested B-3
zoning is supported by the overall intent of the growth policy in regards to encouraging infill
development and the establishment of urban density.
M. Promotion of Compatible Urban Growth.
Yes. The adopted growth policy is the means by which land use patterns are evaluated and locations
for appropriate uses are assigned in a broad fashion. To guide this evaluation, the Bozeman
Community Plan (growth policy) provides several guiding ideas and principles for the physical
development of the City as discussed in Item “A” above. Development consistent with these ideals
and principles are more likely to be compatible with adjacent development both within and outside of
the City limits. Section 38.10.010. A. (Intent and Purpose Section for the Commercial Zoning
Districts) of the UDC also indicates that “there is a rebuttable presumption that the uses set forth for
each district will be compatible with each other both within the individual districts and adjoining
zoning districts when the standards of this chapter are met and any applicable conditions of approval
have been satisfied.”
PUBLIC COMMENT
As of the writing of this staff report, the City of Bozeman Department of Planning and Community
Development has not received any written public testimony on this item. 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 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
with contingencies.
The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City
Commission for consideration at its public hearing scheduled for Monday, August 6, 2012. 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
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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
Gallatin Seed Company Condominium Association, PO Box 6429, Bozeman, MT 59771
Olive & Wallace LLC, 416 North Ida Avenue, Bozeman, MT 59715
Intrinsik Architecture, Inc., 416 North Tracy Avenue, Bozeman, MT 59715
ATTACHMENTS
Table 38.10.020 of UDC (Table of Commercial Uses)
Applicant’s submittal materials
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Table 38.10.020 – Table of Commercial Uses
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
Ambulance service — P P
Apartments and apartment buildings6, as defined in this chapter P P1/C P3
Arts and entertainment center, as defined in this chapter P P P
Assisted living/elderly care facilities — C —
Automobile fuel sales or repair, as defined in this chapter C C C
Automobile parking lot or garage (public or private) P P P
Automobile washing establishment C P C
Banks and other financial institutions P P P
Business, technical or vocational school — C P3
Bus terminals — C C
Community centers P P P3
Convenience uses C P C
Convenience use restaurant P P P
Day care centers P P P
Essential services (Type I) P P P
Essential services (Type II) — P P
Extended-stay lodgings — P P
Food processing facilities — C —
Frozen food storage and locker rental — P —
Health and exercise establishments P1/C P P
Hospitals — P C
Hotel or motel — P P
Laboratories, research and diagnostic — P P3
Laundry, dry cleaning — C C
Light goods repair, as defined in this chapter — C A
Lodginghouses — C C3
Manufacturing, light and completely indoors — C —
Mortuary — C C
Museum — C C
Medical and dental clinics P1/C P P
Meeting hall — P P
Offices, as defined in this chapter P1/C P P3
Other buildings and structures typically accessory to permitted uses A A A
Parking facilities P P P3
Personal and convenience services, as defined in this chapter P P P
Pet grooming shop P P P
Printing offices and publishing establishments — — C
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South Wallace ZMA Staff Report #Z-12122 Page 13 of 13
Private club, fraternity, sorority or lodge — P P
Public buildings P P P
Refuse and recycling containers A A A
Research laboratories — P P
Restaurants P5 P P
Retail uses, as defined in this chapter P2 P2 P2
Retail, large scale — P —
Sales of alcohol for on-premises consumption7, C C C
Sign paint shops (not including neon sign fabrication) — P C
Upholstery shops (excluding on site upholstery service for cars, boats, trailers, trucks
and other motorized vehicles requiring overnight storage)
— P P3
Veterinary clinic — C —
Wholesale distributors with on-premises retail outlets, providing warehousing is
limited to commodities which are sold on the premises
— C —
Wholesale establishments that use samples, but do not stock on premises — P P
Any use, except adult businesses and casinos approved as part of a planned unit
development subject to the provisions of article 20 of this chapter
C C C
Notes:
1When located on the second or subsequent floor, or basement as defined in article 42 of this
chapter.
2Excluding adult businesses, and large scale retail, as they are defined in article 42 of this chapter.
3Except on ground floor in the core area as defined in this article.
4Private arts instruction shall only be on the second or subsequent floor in the core area as defined
in this article.
5Exclusive of drive-ins.
6May be subject to the provisions of chapter 10, article 8.
7Also subject to chapter 4, article 2.
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RESOLUTION #Z-12122
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP TO REZONE APPROXIMATELY 2.9 ACRES FROM R-4
(RESIDENTIAL HIGH DENSITY DISTRICT) TO B-3 (CENTRAL BUSINESS
DISTRICT) ON 2.9+- ACRES OF PROPERTY WHICH IS GENERALLY DESCRIBED
AS LOTS 11-20, BLOCK D, ROUSES’S 2ND ADD; PARCEL 52-51-50-49-52 OF COS NO.
460; AMENDED PLAT C-6-B; AND PARCEL A, AMENDED PLAT C-6 LOCATED IN
THE SE ¼ OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, 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 38, Article 37 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, property owners Gallatin Seed Company Condominium Association and
Olive & Wallace LLC, through their representative Intrinsik Architecture, applied for a zoning
map amendment, pursuant to Chapter 38, Article 37 of the Bozeman Unified Development Code,
to amend the Bozeman zoning map to rezone approximately 2.9 acres from R-4 (Residential
High Density District) to B-3 (Central 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 38, Article 37 of
the Bozeman Unified Development Code and Title 76, Chapter 2, Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on July 17,
2012, to formally receive and review all written and oral testimony on the proposed zoning map
amendment; and
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South Wallace ZMA
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WHEREAS, one public comment letter was received offering reserved support for the
rezoning and one e-mail public comment was received relaying concerns regarding existing
parking and traffic volumes in the neighborhood; and
WHEREAS, 4 persons expressed public comment at the public hearing in regards to
traffic concerns on South Wallace, poor traffic planning on the part of the library development,
existing and future parking congestion, the lack of a specific development plan for the vacant
property, potential future building heights and future impacts from B-3 development; and
WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning
map amendment generally complies with the thirteen criteria for consideration established in
Chapter 38, Article 37 of the Bozeman Unified Development Code;
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning Commission, on a
3-0 vote, officially recommends to the Bozeman City Commission approval of zoning
application #Z-12122 to amend the Bozeman zoning map to rezone approximately 2.9 acres from
R-4 (Residential High Density District) to B-3 (Central Business District) which is generally
legally described as: Lots 11-20, Block D, Rouse’s 2nd Add; Parcel 52-51-50-49-52 of COS No.
460; Amended Plat C-6-B: and Parcel A, Amended Plat C-6 located in the SE ¼ of Section 7,
Township 2 South, Range 6 East, PMM, City of Bozeman, Gallatin County, Montana.
DATED THIS DAY OF , 2012, Resolution #Z-12122
_____________________________ ____________________________
Doug Riley, Associate Planner Randy Wall, Vice Chairperson
Dept. of Planning & Community Development City of Bozeman Zoning Commission
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ZONING COMMISSION MINUTES
TUESDAY, JULY 17, 2012
ITEM 1. CALL TO ORDER AND ATTENDANCE
Vice-Chairperson Randy Wall called the meeting to order at 6 p.m. and ordered the Recording
Secretary to take attendance.
Members Present:
Randy Wall, Vice Chairperson
Trever McSpadden
David Peck
City Commission Liaison:
Carson Taylor
Members Absent:
Erik Garberg
Nathan Minnick
Staff Present:
Doug Riley, Associate Planner
Tim McHarg, Director of Planning and Community Development
Dave Skelton (Senior Planner)
Guests Present:
Katherine Ball
Jim Cannata
Julie and Steve Shea
Susan Riggs, Intrinsik Architecture
ITEM 2. PUBLIC COMMENT {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, Vice Chairperson Wall closed this
portion of the meeting.
ITEM 3. MINUTES OF JUNE 5, 2012
The minutes of June 5, 2012 were approved without amendments.
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z-12122 – (South Wallace ~200 Block) A Zone Map
Amendment requested by the owners Gallatin Seed Company Condominium Association, P.O.
Box 6429, Bozeman, MT 59771 and Olive & Wallace, LLC, 416 N. Ida Ave., Bozeman, MT
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59715 and representatives Intrinsik Architecture, Inc., 111 N. Tracy Ave., Bozeman, MT 59715
and Rocky Mountain Engineers, 1700 W. Koch St., Bozeman, MT 59715 requesting to change
the urban zoning designation from R-4 (Residential High Density District) to B-3 (Central
Business District) on 2.8751 acres. The property is located at ~ the 200 block of South Wallace
Avenue and is legally described as Rouse’s 2nd Addition, Block D, Lots 11-20, Section 7, T2S,
R6E, PMM, Gallatin County, City of Bozeman, Montana. (Riley)
Associate Planner Doug Riley presented the Staff Report. The primary purpose of this zone map
amendment is to bring the subject property into conformance as it currently has non-conforming
uses and encouragement of the Growth Policy as part of the Downtown District. Mr. Riley went
into detail regarding details within the growth policy as it relates to this property. Mr. Riley
reported that one public comment letter had been received offering reserved support for the
requested B-3 zoning and a second public (e-mail) comment relaying concerns regarding existing
parking and traffic volumes in the neighborhood. Mr. Riley explained that neighbors would be
notified if there were any future redevelopment plans on the site. The applicants do not have any
immediate plans for redevelopment. City staff is recommending approval of this application with
3 contingencies listed on page 2 of the staff report.
Randy Wall asked questions about the boundaries for the East Gateway District on the
Downtown Improvement Plan and the Downtown Core map. Mr. Riley spoke to the maps
presented and answered that this property is located within the community core area.
Randy Wall asked whether residential use is allowed in the B-3 District. Mr. Riley referred to the
table of uses and said apartments/condos are allowed.
Randy Wall confirmed with staff that the Residential Emphasis Mixed Use (REMU) Zoning
District has been created and adopted. Randy Wall confirmed that downtown is primarily B-3
and that B-3 promotes mixed use.
Applicant Presentation
Susan Riggs with Intrinsik Architecture explained they are representing Olive and Wallace LLC
and the Gallatin Valley Seed Company Condominium Association. Ms. Riggs feels this
application is very straight forward and as explained would bring the property into conformity.
Approval of B-3 will open the opportunity for infill, improvements to the South Wallace
streetscape and buildings. Preliminary analysis of the site has been completed. They have had
several public outreach events, with the main concerns raised being future development, parking
issues, traffic concerns and pedestrian safety issues on Wallace.
Mr. Peck asked about the concerns raised in the neighborhood outreach events and whether R-4
zoning was compared. He then asked what the vision is for development of the vacant parcel.
Ms. Riggs explained that preliminary ideas include a two story office building with the bottom
layer being built as parking.
Randy Wall asked about the technical assistance grants that Intrinsik has applied for and then
asked what the parking problems are.
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Ms. Riggs explained that they applied for grants from the Downtown Improvement District. She
further explained the existing parking in the front of Harrington’s encroaches into the right of
way and there is no sidewalk. On the south of the site there could be parking solutions as well as
possibilities of working with the library to create more parking. Peak hours such as during
Farmer’s Markets and library events are the main issue with parking.
PUBLIC COMMENT
Jim Cannata of 121 South Wallace, looks right into the side of the seed company and said South
Wallace is not a local dead end and that the traffic is consistent. He questions the effect on the
traffic and said his real concern is the possibility of a high profile building in place of the seed
company that would block the sun on his property.
Julie Shea, co-owner of the property on 309 South Wallace confirmed that the Commission
received a letter from Ryan Hamilton. She then said she feels this process puts the cart before the
horse as they do not know what will happen on the property and the vacant lot. The poor traffic
planning has been a problem since the library opened and has had a high impact.
Mr. Wall asked Ms. Shea whether or not she supports the rezone.
Ms. Shea said she was originally neutral until she looked into the difference between R-4 and B-
3 and she does not have enough information to support the rezone as she does not know what
will really happen on the vacant property.
Steve Shea, co-owner of 309 South Wallace spoke regarding the lack of a solid plan prior to the
change in zoning.
Mr. Wall said a zone change can be based upon the underlying land use. Right now there are
uses on the property that are not consistent with the zoning.
Mr. Shea referred to a proposal shown by Intrinsik at the community meeting last night saying it
was a nice design, but is just a picture and is not something that has been approved. The
frustration and fear is that the impact to the neighborhood is unknown. He feels residential
homeowners are held to a higher standard than commercial owners and he does not feel that is
fair. He says the city had poor planning on ingress and egress to the library. He spoke regarding
traffic congestion during Farmer’s Market and the difficulties with evacuating the library. He
also spoke regarding the lack of sidewalk or crosswalk on the south side of Wallace. He feels
those issues should be looked into.
Carson Taylor, City Commission liaison said that some of the issues raised are city issues with
the library. Commissioner Taylor spoke to the public comment regarding the distinction between
a private resident changing zoning and this situation.
Mr. Shea spoke again about the poor traffic flow.
David Peck spoke to commercial development being held to the same standard as residential
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development.
Katherine Ball of 323 South Wallace said she and her husband have owned the property since
1992 and have seen a lot of changes and constant construction. She has been pleased with a lot of
the development that has taken place and understands the applicant wanting to comply with the
growth plans. Her concerns relate to the guidelines for historic preservation in the neighborhood
overlay district which she has heard will help protect the neighborhood from many of the
impacts that they worry about. She asked whether this is true or will they be subject to the whim
of the City Commission at the time of development. She witnessed the approval of the Cider
House on Babcock and South Wallace and said because that property was located in B-3 zoning
they were not required to have parking. The Commission has set precedence with that. She is
concerned about the possible impacts and risks to the neighborhood if anything that is allowed in
B-3 is allowed here. There are really big issues with the library that the neighbors have been
continually dealing with. Most of the 1,300 visitors a day come in and out of the library using
South Wallace; a dead end, local street. She referred to the possibility of a 70 foot wall of
buildings being allowed in B-3. According to city plans, downtown should maintain the current
height but further out the height should increase. She does not get the sense there will be
protection for the neighborhood. She is concerned about what will create a buffer between
commercial and residential. She is worried about noise, waste disposal, loud air conditioning unit
noise and late night bar and restaurant users. She said the ridge above this area creates a noise
amplifier. She would like to know if the applicants can continue their current use without the
zoning change and questioned whether the growth policy may be incorrect as the infrastructure
has not been dealt with in this area. She does not support the rezone at this time because of the
potential zoning impacts of B-3.
Seeing no further public comment, Randy Wall closed public comment.
Applicant Rebuttal
Ms. Riggs clarified the city planning process explaining that after a zone map amendment
application, they would need to go before the planning department with another type of
application to propose more specifically how they are addressing parking, neighborhood
compatibility, etc., and would have to submit a floor plan and building elevations as well as
going before the building department for permits. They are looking at the project
comprehensively including looking at improving pedestrian travel and the possibility of shared
parking with the library or the possibility of some type of corridor where there is currently a
dilapidated shed.
Mr. Peck asked about uses within an R-4 district as related to noise.
Tim McHarg, Director of Planning and Community Development explained restaurants and
other commercial uses would not be allowed in R-4.
Mr. Peck referred to the neighbors concerns about noise nuisance.
Randy Wall asked what the height limitations are in R-4 and B-3 zoning.
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Mr. McHarg explained that R-4 is a range based on the pitch of the roof and that within B-3
outside of the core the height restriction is 70 feet.
Trever McSpadden asked for clarification on parking exceptions for B-3.
Mr. McHarg said that within the last two years to implement the downtown plan, several parking
reductions are now permitted within the B-3 district. One is that the first 3,000 square feet of
floor area is exempt from onsite parking requirements. This was referenced in the Cider House
project.
Mr. McSpadden clarified that at the redevelopment stage, there are parking and traffic
considerations as part of the process.
Mr. McHarg spoke to how all the pieces of the development regulations work together, making it
exceedingly unlikely that a 70 foot building could be located on this site.
MOTION: Trever McSpadden moved, David Peck seconded, that having reviewed the
application materials, considered public comment and considered all the information presented, I
hereby adopt the findings presented in the staff report for application Z-12122 and move to
recommend approval of the requested zone map amendment to the City Commission with the
contingencies listed as 1, 2 and 3 of the staff report.
DISCUSSION ON THE MOTION:
David Peck said that after reviewing the materials and walking through the area, he was planning
on supporting the applicant, but now that he has heard from the neighbors he is reconsidering.
Trever McSpadden said he is sympathetic with the neighbors but the purview of this
Commission is to look at the underlying growth policy designation and review applications
against the criteria the state provides. Right or wrong, the growth policy has included this area
within the community core. A B-3 zoning designation is appropriate for that land use
designation. There are other stages of review pending here and there will be an opportunity to
look at specific design elements later.
Randy Wall spoke to the responsibility of the Zoning Commission. He feels B-3 is compatible
with the underlying land use. From the 13 item checklist, he is struggling with items D., H., and
M. He sees why the application is being made. A common thread of public comment is the issue
of the library traffic and how there is only one exit west through South Wallace weaving through
the neighborhood. The library is city property. If there is a traffic problem that exists from the
library, he asked whether it is wise to move forward.
Trever McSpadden said he has a hard time tying library traffic to this application at the zoning
stage. An R-4 development proposal could have a fair bit of traffic as well. Traffic is a concern
and will continue to be a concern. Due to that, some type of traffic analysis would likely be
triggered along the way if it is warranted.
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Mr. Wall concurred with Mr. McSpadden.
The Motion passed 3-0.
Mr. McHarg announced that this application is scheduled for the August 6th City Commission
meeting that starts at 6 p.m.
……………
1. Tim McHarg referred to back to the first hearing this evening on Zone Map
Amendment Application #Z-12122
Planning and Community Development Director Tim McHarg said that based on public
comment received tonight, the planning department will do some additional research relative to
the Wallace rezone. Specifically, they will look into the library relative to traffic, access and non-
motorized access issues and what might be future plans of the library. They will also look into
the background on the growth policy, future land use designation of community core and some
clarity on when traffic studies are required.
Tim McHarg said it is a good practice for Zoning Commissioners to call out specific criteria that
Commissioners need to make affirmative findings for during the discussion. While not all of the
criteria need to be mentioned, Mr. McHarg emphasized discussing any criteria that there may be
questions or concerns about to ensure those questions and ensuing findings are part of the public
record.
Zoning Commissioners and staff discussed level of service standards for streets.
Mr. McHarg said level of service standards are normally concentrated around performance of
intersections. In this situation, he will speak with the city engineer and street superintendent to
discuss how level of service standards would relate to a local street with relatively high intensity
uses.
Trever McSpadden referred to an experience where the County Commission made a
discretionary call through a condition to request a traffic study per comments that had been
made.
Randy Wall said the public comments were similar to the restaurant that was proposed at the
corner of Wallace and Peach relative to noise impacts from patrons. Mr. Wall asked about ways
to quantify noise issues.
Mr. McHarg spoke to the existing noise ordinance and referred to the ability of the police to
enforce the noise ordinance. If we anticipate or know what those impacts might be conditions
may help mitigation. This however cannot be handled at the Zoning level.
ADJOURNMENT
Seeing no further business before the Commission, Zoning Commissioner Randy Wall adjourned
the meeting at approximately 7:55 p.m.
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