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HomeMy WebLinkAboutSouth Wallace Zone Map Amendment Applicant materialsSouth Wallace Zone Map Amendment May 2012 Narrative This Zone Map Amendment Application seeks to rezone the Gallatin Seed Company, the old Harrington’s Building and the vacant property directly south from R-4 (Residential High Density District) to B-3 (Central Business District). The intent of the B-3 central business 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 with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and planned expansion of the present district.” The existing buildings and uses including a mix of retail, office, services, heath and exercise and storage would better conform to the standards established by the B-3 District. Please note that the portion of the existing old Harrington’s Building that encroaches into the Library property is included in this Zone Map Amendment per the recommendation of City Staff. The Amended Plat for this 5-foot strip is almost complete according to Legal Staff. The property is currently designated “Community Core” in Bozeman Master Plan which is described as: “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.” It is essential to note that in accordance with Table C-16 of the Unified Development Code (UDC) which correlates zoning designations and land use categories, the existing R-4 zoning is not in compliance with this existing land use designation whereas the proposed zoning designation of B-3 would be in compliance. This application is extremely straightforward to simply make the zoning match the growth policy. Page 1 Appropriate Review Fee Submitted CITY OF BOZEMAN FEE APPLIES- $ DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net DEVELOPMENT REVIEW APPLICATION 1. Name of Project/Development: 2. Property Owner Information: Name: E-mail Address: Mailing Address: Phone: FAX: 3. Applicant Information: Name: E-mail Address: Mailing Address: Phone: FAX: 4. Representative Information: Name: E-mail Address: Mailing Address: Phone: FAX: 5. Legal Description: 6. Street Address: 7. Project Description: 8. Zoning Designation(s): 9. Current Land Use(s): 10. Bozeman Community Plan Designation: 11. Gross Area: Acres: Square Feet: 12. Net Area:Acres: Square Feet: South Wallace ZMA Gallatin Seed Company Condominium Association PO Box 6429 Bozeman MT 59771 Contact: Dick Harte phone: 570-9030 email: harte14@yahoo.com Olive & Wallace, LLC 416 North Ida Avenue Bozeman MT 59715 Contact: Thomas Winston phone: 579-6057 Email: thomaswinston@mac.com [same as above] Intrinsik Architecture, Inc. 111 North Tracy Avenue Bozeman MT 59715 Contact: Susan Riggs phone: 582-8988 email: sriggs@intrinsikarchitecture.com Rocky Mountain Engineers 1700 West Koch Street Bozeman MT 59715 Contact: Ray Center phone: 586-4859 email: rme@bridgeband.com Generally the 200 Block of South Wallace Avenue Zone Map Amendment to update zoning to correspond to current Bozeman Community Plan Designation (from R-4 to B-3) Existing: R-4; Proposed B-3 Retail; Office; Services; Health & Exercise Storage Community Core 2.8751 2.002 See attached ZMA exhibit with legal description Page 2 (Development Review Application – Prepared 11/25/03; Amended 9/17/04, 5/1/06; 9/18/07, revised 11/14/11) 13. Is the subject site within an urban renewal district? Yes, answer question 13a No, go to question 14 13a. Which urban renewal district? Downtown Northeast (NURD) North 7th Avenue 14. Is the subject site within an overlay district? Yes, answer question 14a No, go to question 15 14a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor 15. Will this application require a deviation(s)? Yes, list UDC section(s): No 16. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application E. Special Temporary Use Permit T. Subdivision Preliminary Plat F. Sketch Plan/COA U. Subdivision Final Plat G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption H. Preliminary Site Plan/COA W. Annexation I. Preliminary Site Plan X. Zoning Map Amendment J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment K. Conditional Use Permit Z. Zoning Variance L. Conditional Use Permit/COA AA. Growth Policy Map Amendment M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment N. Administrative Interpretation Appeal Other: This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½- by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Applicant’s Signature: Date: Applicant’s Signature: Date: Property Owner’s Signature: Date: Property Owner’s Signature: Date: x x x x x x See original. ZONING MAP OR UNIFIED DEVELOPMENT CODE TEXT AMENDMENT CHECKLIST This checklist shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Amendment Type. What type of amendment is being requested? (check all that apply) Zoning Map Amendment Unified Development Code Amendment – Zoning Provisions Unified Development Code Amendment – Subdivision Provisions B. Zoning Map or UDC Zoning Provision Amendment Criteria. For Zoning Map Amendments and Unified Development Code Text Amendments involving zoning provisions, written responses for each of the following criteria shall be provided. Are written responses for the following criteria provided? Zoning Provision Criteria Yes No N/A 1. Is the new zoning designed in accordance with the comprehensive plan? 2. Is the zoning designed to lessen congestion in the streets? 3. Will the new zoning promote health and general welfare? 4. Will the new zoning secure safety from fire, panic and other dangers? 5. Will the new zoning provide adequate light and air? 6. Will the new zoning prevent the overcrowding of land? 7. Will the new zoning avoid the undue concentration of population? 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? 10. Does the new zoning give reasonable consideration to the character of the district? 11. Was the new zoning adopted with a view to conserving the value of buildings? 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? C. UDC Subdivision Provision Criteria. For Unified Development Code Text Amendments involving subdivision provisions, written responses for each of the following criteria shall be provided. Are written responses for the following criteria provided? Subdivision Provision Criteria Yes No N/A 1. Will the amendment provide for the orderly development of the jurisdictional area? 2. Will the amendment provide for the coordination of roads within subdivided land with other roads, both existing and planned? 3. Will the amendment provide for the dedication of land for roadways and for public utility easements? 4. Will the amendment provide for the improvement of roads? Page 3 (Zoning Map or Unified Development Ordinance Text Amendment Checklist – Prepared 12/05/03, revised 9/20/04, revised 11/14/11) x x x x x x x x x x x x x Page 4 Subdivision Provision Criteria, continued Yes No N/A 5. Will the amendment provide for adequate open spaces for travel, light, air and recreation? 6. Will the amendment provide for adequate transportation, water and drainage? 7. Will the amendment provide for the regulation of sanitary facilities? 8. Will the amendment provide for the avoidance or minimization of congestion? 9. Will the amendment provide for the avoidance of subdivision which would involve unnecessary environmental degradation and the avoidance of danger of injury to health, safety or welfare by reason of natural hazard or the lack of water, drainage, access, transportation, or other public services or would necessitate an excessive expenditure of public funds for the supply of such services? I (We), the undersigned, hereby certify that the information contained in this application is true and correct to the best of my (our) knowledge. Property Owner’s Signature(s) Date State of County of On this day of , 20 , before me, a Notary Public for the State of , personally appeared , known to me to be the person(s) whose name(s) is(are) subscribed to the above instrument and acknowledge to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for State of Residing at My Commission Expires See original. CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners) within 200 feet of the property located at , is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature (Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06) CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners) within 200 feet of the property located at , is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature (Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06) Susan Riggs 200 Block South Wallace Avenue Gallatin Seed Company Condo Assoc. PO Box 6429 Bozeman MT 59771 Mary Gee & Shirley Pass 220 South Church Avenue Bozeman MT 59715 James & Ann Cannata 121 South Wallace Avenue Bozeman MT 59715 Olive & Wallace, LLC 416 North Ida Avenue Bozeman MT 59715 John Celar 224 South Church Avenue Bozeman MT 59715 Dorothy McQuiston 521 East Olive Street Bozeman MT 59715 Herman & Linda Gonzales 112 South Church Avenue Bozeman MT 59715 Elizabeth M. Beam 302 South Church Avenue Bozeman MT 59715 Steven M. Gay PO Box 1691 Bozeman MT 59771 Susan Kozub Riggs 15500 Madison Frontage Road Three Forks, MT 59772 Jacqueline & Stephen McGuire 2303 Highland Circle Bozeman MT 59715 Joseph Zinner PO Box 3237 Bozeman MT 59772 Micheline Bisaillon & William Halpin 1319 South Church Avenue Bozeman MT 59715 Megan Macnichol 5811 Sypes Canyon Road Bozeman MT 59715 Empire Building Materials 608 East Main Street Bozeman MT 59715 William & Jennifer Mitchell 122 South Church Avenue Bozeman MT 59715 James & Cleora Lodge 235 Cirque Drive Bozeman MT 59718 City of Bozeman PO Box 1230 Bozeman MT 59771-1230 Paul Rugheimer 506 Oxford Drive Bozeman MT 59715 Jeff & Katherine Ball 323 South Wallace Avenue Bozeman MT 59715 Arlan Wentzel 514 East Olive Street Bozeman MT 59715 Larry & Bonita Schroeder 206 South Church Avenue Bozeman MT 59715 Stephen & Juile Shea 309 South Wallace Avenue Bozeman MT 59715 Jason Schwartz 907 Jessie Way Bozeman MT 59715 Jeremy & Angela Watkins 530 East Curtiss Street Bozeman MT 59715 Steven & Joan Scarff 214 South Church Avenue Bozeman MT 59715 Jill & Ryan Hamilton 520 East Curtiss Street Bozeman MT 59715 NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the Bozeman Municipal Code. This new ordinance contains the following requirement: Section 2.05.1230, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and Community Development. A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in 2.05.1230, the following shall be performed: 1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines (BMC 38.40) require that notice be posted “on-site”, published in the local newspaper or mailed first class. 2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and Community Development. B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete application. I, , hereby certify that I have delivered via certified mail, e- mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known as in compliance with Section 2.05.1230 of the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete and may result in a delay in the review of this project. Signature Date (Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08, revised 11/14/11) NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the Bozeman Municipal Code. This new ordinance contains the following requirement: Section 2.05.1230, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and Community Development. A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in 2.05.1230, the following shall be performed: 1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines (BMC 38.40) require that notice be posted “on-site”, published in the local newspaper or mailed first class. 2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and Community Development. B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete application. I, , hereby certify that I have delivered via certified mail, e- mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known as in compliance with Section 2.05.1230 of the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete and may result in a delay in the review of this project. Signature Date (Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08, revised 11/14/11) Susan Riggs South Wallace ZMA 5/30/12 Response to Criteria 1) Is the new zoning designed in accordance with the comprehensive plan? Yes. The new zoning designation of B-3 directly corresponds to the Bozeman Community Plan’s land use designation of “Community Core.” Note that the existing zoning designation of R-4 does not comply with the comprehensive plan. 2) Is the zoning designed to lessen congestion in the streets? Neutral. The properties proposed for rezoning have been occupied by a variety of uses of the years including retail, office, personal services, health and exercise and warehousing. This general mix of different kinds of uses is intended to continue within the existing buildings as redevelopment occurs. The specific impacts on existing and anticipated traffic and parking conditions will be mitigated proportionately with further development as required by the Engineering Department. 3) Will the new zoning promote health and general welfare? Yes. The new zoning will allow the existing buildings and corresponding uses to continue to be updated to current standards for health and general welfare. 4) Will the new zoning secure safety from fire, panic and other dangers? Yes. As previously noted, the new zoning will allow the existing buildings to continue to be updated in terms of life safety. Further development as well as new development on the vacant lot will need to meet applicable provisions from the Unified Development Code as well as the International Building Code. 5) Will the new zoning provide adequate light and air? Yes. All zoning districts within the City of Bozeman are designed with standards that will continue to provide adequate light and air such as height restrictions and minimum landscape requirements. 6) Will the new zoning prevent the overcrowding of land? Yes. The proposed B-3 district includes provisions to prevent the overcrowding of land. If any residential uses are proposed, corresponding parkland and open space (or parkland/open space equivalent) are required. 7) Will the new zoning avoid the undue concentration of population? Yes. The B-3 District is designed primarily for commercial uses rather than residential uses; however, as noted above, all of Bozeman’s districts were written to ensure avoidance of the undue concentration of population. Also, occupancy restrictions will be in place for commercial uses. Response to Criteria (continued) 8) Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? Yes. The existing infrastructure should continue to serve development. The further development or site plan review process will ensure that additional or expansions to the City’s infrastructure system will be required if needed. 9) Does the new zoning give consideration to the peculiar suitability of the property for particular uses? Yes. Again, the new zoning designation is more appropriate to the existing and historic uses of the property than the R-4 zoning. Also, all development will be subject to a Certificate of Appropriateness application which includes specific neighborhood compatibility standards. 10) Does the new zoning give reasonable consideration to the character of the district? Yes. The dimensional standards of the B-3 zoning designation are more appropriate to the character of the district. For example, the lack of setbacks defined in B-3 fit the neighborhood and specifically this block more than the setbacks established for the R-4 district. 11) Was the new zoning adopted with a view to conserving the value of buildings? Yes. The proposed zoning designation of B-3 will allow the existing historic buildings to remain and be updated and enhanced more so than the restrictions outlined in the R-4 district. 12) Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes. The Bozeman Community Plan, which included an extensive public process, has determined that this property is best suited for the “Community Core” land use designation. The only zoning districts allowed in this designation are: B-3 (Central Business District), UMU (Urban Mixed Use District) and PLI (Public Lands and Institutions District). Based on the existing buildings, uses and ownership, the B-3 District is the best fit. Subject Property EXHIBIT A: Aerial Image Source: Bozeman Geographical Information Systems Department Existing Land Use Designation: Community Core EXHIBIT B: Community Plan Source: Bozeman Geographical Information Systems Department Existing Zoning: R-4 EXHIBIT C: Existing Zoning Source: Bozeman Geographical Information Systems Department Proposed Zoning: B-3 EXHIBIT C: Proposed Zoning Source: Bozeman Geographical Information Systems Department