HomeMy WebLinkAboutZ-12200, Initial zoning in conjunction with annexation of 10 acres located Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Director
Tim McHarg, Director
SUBJECT: Z-12200, Initial zoning in conjunction with annexation of 10 acres located at the SE corner of the intersection of Huffine Lane and S. Cottonwood Road to be designated B-
2 (Community Business District).
MEETING DATE: October 1, 2012
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve application Z-12200 and direct the preparation of an implementing ordinance upon return of an executed annexation agreement.
SUGGESTED 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-12200 and move to approve the initial zoning with contingencies as outlined in the staff report direct the preparation of the required implementing
ordinance after return of an annexation agreement.
BACKGROUND: An application to annex 10 acres was received on August 8, 2012. The
parcel to be annexed is adjacent to the City on two sides and the annexation meets the criteria from Commission Resolution 3907. The applicant has requested B-2 (Community Business District) zoning. The Development Review Committee recommends that the City Commission
approve annexation of the property. The Zoning Commission recommended approval of the B-2
zoning at their public hearing on September 18th.
UNRESOLVED ISSUES: None
ALTERNATIVES: Approve or deny the requested zoning.
FISCAL EFFECTS: No immediate fiscal impacts are expected from this action. Future
development will generate both costs and revenues dependent on the nature of any future
development.
Attachments: Zoning staff report
Zoning Commission Minutes and Resolution
Application materials
Report compiled on: September 20, 2012
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CRESENT CROSS ZONE MAP AMENDMENT FILE # Z-12200 CITY COMMISSION AND ZONING COMMISSION STAFF REPORT
Item: Zoning Application #Z-12200 – An application to amend the City of Bozeman Zone Map to establish a municipal zoning designation of B-2 (Community Business District) on approximately 10
acres.
Owner: Cresent Cross Limited Partnership, 5550 Blackwood Road, Bozeman MT 59718.
Representative: Madison Engineering, 895 Technology Blvd, Ste 3, Bozeman, MT 59718
Date/Time: Before the Bozeman Zoning Commission on Tuesday, September 18, 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, October 1, 2012 at 6:00 PM in the Commission
Meeting Room, City Hall, 121 North Rouse Avenue Bozeman, Montana
Report By: Chris Saunders, Assistant Director
Recommendation: Approval of B-2 with contingencies
LOCATION
The subject property is located at the SE corner of the intersection of Huffine Lane and Cottonwood
Road. The approximately 10 acres is legally described as a portion of Tract 2, Certificate of Survey 2229, Section 15, Township 2 South, Range 5 East, Gallatin County, Montana. The property is part of an approved minor subdivision the final plat for which is under review. Recording of the final plat will
modify the legal description. Recording is expected prior to annexation or adoption of a rezoning.
Please refer to the vicinity map below.
B-2
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RECOMMENDED CONTINGENCIES
Based upon review and consideration by the Development Review Committee and Planning Staff, and after evaluation of the proposed zoning against the criteria set forth in 38.01.040.C of the Unified Development Code and Section 76-2-304 Montana Codes Annotated, the Planning Staff recommends
approval of the requested Zone Map Amendment with the following contingencies:
1. That all documents and exhibits necessary to establish an initial municipal zoning designation
shall be identified as the “Cresent Cross Zone Map Amendment”.
2. That the Ordinance for the Zone Map Amendment shall not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the
annexation agreement is not approved, the Zone Map Amendment application shall be null and
void.
3. That the applicant submit a zone amendment map, titled “Cresent Cross 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 including adjacent right-of-ways and zoning districts, and total acreage of the property.
4. 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. The metes and bounds legal description shall match that prepared for the annexation map.
PROPOSAL
The property owner has made application to the Bozeman Department of Planning and Community
Development for a Zone Map Amendment to establish an initial municipal zoning designation of B-2 (Community Business District) on approximately 10 acres. The subject property is not currently
located within the corporate limits of the City of Bozeman and this ZMA is being processed with a
concurrent annexation application.
The intent of the B-2 (Community Business District) is to is to provide for a broad range of mutually
supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets.
On August 29, 2012 the Development Review Committee (DRC) recommended approval of the
application with the recommended contingencies included above.
LAND CLASSIFICATION AND ZONING
The property is vacant. The following land uses and zoning are adjacent to the subject property:
North: – Designated “Community Commercial Mixed Use” on the City of Bozeman Future
Land Use Map; presently zoned a combination of Business Park and Community Business.
Active uses are banks, medical offices, car dealerships, and vacant property.
South: Unannexed county property, Municipal planned for Residential; Zoned RS, Residential
Suburban by Gallatin County.
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East: Unannexed County Land – Designated “Residential” on the City of Bozeman Future
Land Use Map; presently zoned as Residential Suburban in the County and developed as an industrial site.
West: Designated “Community Commercial Mixed Use” on the City of Bozeman Future Land
Use Map; presently zoned B-2 and mostly vacant with a building materials wholesaler on one
lot, also some residential open space.
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 Ordinance (UDO),
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. If the criteria is met it is noted “Yes”, if it is not met it is noted “No”, and if the criteria is
either inapplicable for some reason or is neither met nor not met it is noted “Neutral”. Explanatory text
follows for each criteria.
A. Be in accordance with a growth policy. Yes. The subject property was recently the subject of an amendment to “Figure 3-1 Future Land Use
Map of the Bozeman Community Plan. The amendment reclassified the future use of the property as
Community Commercial Mixed Use.” The Community Commercial land use designation of the
Bozeman Community Plan indicates that:
“Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community
as a whole for their employee and customer base and are sized accordingly. A broad range of
functions including retail, education, professional and personal services, offices, residences,
and general service activities typify this designation.”
The property is concurrently being proposed for annexation which will make municipal water and
sewer service available. Development of the site with on-site well and septic services would be
contrary to the growth policy. Table C-16 on page C-17 of the growth policy presents a general
correlation of the growth policy designations and the various zoning districts in the City. The proposed zoning corresponds to the future land use designation.
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 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.
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. The proposed zoning appears to be consistent with the plan goals.
B. The effect on motorized and non-motorized transportation systems.
Yes. The site has frontage on Huffine Lane and Cottonwood Road which are classified as principal
arterials in the Greater Bozeman Area Transportation Plan (GBATP) Figure 9-2. The intersection is
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signalized Future development review will require evaluation of street access depending on the design
of the development. Development of the site will eventually require completion of the frontage of Cottonwood road next to the property. This will include placement of sidewalks, bike lanes, and connection to adjacent segments of the non-motorized network. This will generally improve circulation
in the area. Additional traffic will occur from development, however procedures are in place to ensure
than any negative effects are mitigated.
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 further subdivision
and/or other development of the property. All new structures and development on the subject property
will be required to meet or exceed the minimum zoning requirements for setbacks, lot coverage, height limitations and lot sizes to ensure the health, safety and general welfare of the community. Per Section
38.01 .050 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 to the public interest. A detailed
analysis of the specifics of future development proposals will enable the determination of whether a
greater than minimum standard is required. At this time such details are not available for review.
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. Further development of the subject property also requires review and approval by the
Montana Department of Health and Environmental Sciences, City Engineer's Office and Director of Public Service.
The property, upon further development, will be required to come into conformance with all
requirements of the zoning ordinance. Any buildings constructed on the site will be subject to review
for building codes which will ensure they are constructed in a manner which reduces risk for fire, loss
during earthquake, are structurally sound, and well fit for their purpose. The City’s adopted zoning requires compliance with building codes by Section 38.34.100.
Additional development issues related to municipal infrastructure (i.e., water and sanitary sewer) and
public services (i.e., police and fire protection) will be addressed with subdivision and/or site plan
review when residential densities and demand can be more closely calculated. Water and sewer
infrastructure are adjacent and available to the site. See also Item H.
E. Reasonable provision of adequate light and air. Yes. The regulatory standards set forth in the City of Bozeman UDC for the requested B-2 zoning
district provides the necessary provisions (i.e., yard setbacks, lot coverage limits, open space and
building height limits), provide for adequate light and air for any proposed development on the subject
property. Huffine Lane is a Class One entryway corridor in this area and a substantial setback is required which will provide for access to light and air.
F. Prevention of overcrowding of land. Yes. The minimum yard setbacks established in the B-2 district, as well as the limitations of lot
coverage for principal and accessory structures and off-street parking facilities, would maintain the
desired percent of buildable area. Minimum yard setbacks, height requirements, maximum lot coverage and required parking are also limiting factors that help prevent the overcrowding of land.
Such regulatory standards prevent the overcrowding of land, and maintain compatibility with the
character of the surrounding area. See also Item E.
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Overcrowding is a condition which results when the infrastructure and buildings in an area are
incapable of serving the density of users. A perception of being more intensely used than is preferred by a particular person or group does not establish an actual condition of overcrowding. As discussed elsewhere in this report, any development within Bozeman is required to demonstrate that there is
adequate transportation, water, sewer, and other necessary public services to support the development.
This requirement ensures that land will not be overcrowded.
G. Avoiding undue concentration of population. Yes. Future development of the subject property under this proposal will result in an increase in
population and use beyond what currently exists on the vacant property. However, compliance with
the regulatory standards set forth in the UDO and the International Building Code will aid in providing
adequately sized dwelling units to avoid undue concentration of population.
The standard does not seek to avoid concentration of population, but rather undue concentration. Undue is typically understood to mean exceeding that which is appropriate and normal. This is a
standard which is specific to a particular site and is not a specific number or intensity of use. The B-2
district has been considered and adopted with a set of standards for lot sizes, setbacks, and other
standards that in the opinion of the City Commission are not an undue concentration of population. As
applied to this site the property is largely unconstrained being modestly sloped and with good proximity to infrastructure. See also Items F and J.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
Yes. Further assessment of the impacts to infrastructure, public services, and other community
requirements will be evaluated during subdivision and/or site plan review. Dedication of right-of-way for Cottonwood Road to meet the right-of-way standards of the GBATP will be provided as part of the
annexation process. Any negative impacts identified with development of the property will be
mitigated with recommended conditions of approval by the DRC with a determination made by the
approval authority on adequate provisions.
For this application, the DRC has determined that municipal infrastructure is located in proximity to the subject property and may be extended into the property by the landowner/developer for further
development of the site. Emergency services are currently serving property in vicinity to this area, and
municipal police and fire are within adequate response times of the site. The City will have the
opportunity to further evaluate the development of the property during the above-described review
procedures.
I. Conserving the value of buildings. Yes. There are no existing buildings on the property. The proposed B-2 zoning and related standards
provide for evaluation and mitigation of any identified impacts. See Item J for further discussion.
J. Character of the district.
Yes. The most important factor in determining the suitability of a proposed zoning designation is the potential for compatibility with existing and proposed adjacent land uses. The area has a diversity of
existing and approved land uses. Properties to the west, north and east are non-residential in nature.
Future development to the south is residential. However, residential and non-residential adjacent
development can be designed to be compatible. Any district must have an edge where uses transition
from one thing to another. Future planning and review requirements will give the City the ability to control how the uses on site would function and relate to the surrounding developed and undeveloped
properties. After considering the various components of zoning character and the diversity of uses in
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the area it appears that B-2 and the associated uses are in keeping with the existing and future character
of adjacent properties.
K. Peculiar suitability for particular uses. Yes. The site is well located for B-2 development. The use of the property will be similar uses to those
on the the adjacent property to the north and west.
L. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The B-2 zoning designation of this proposal is supportive of the overall intent of the growth policy. See Item A. This zoning will also allow this property to develop at a density that takes advantage of the existing infrastructure available and in near proximity to this location. T
M. Promotion of Compatible Urban Growth.
Yes. The Bozeman Community Plan provides several guiding ideas and principles for the physical
development of the City. Development consistent with these ideas and principles are more likely to be compatible with adjacent development both within and outside of the City limits. The growth policy encourages infill development and higher density urban centers. The property is within the geographic
area already receiving municipal services. Future review of an actual development proposal will also
look at achieving appropriate compatibility with the surrounding area.
PUBLIC COMMENT
No written comment has been received by the Department of Planning and Community Development
as of the writing of this staff report on September 10, 2012. Any comment received will be included
with packets.
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, October 1, 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 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
Cresent Cross Limited Partnership, 5550 Blackwood Road, Bozeman MT 59718.
Madison Engineering, 895 Technology Blvd, Ste 3, Bozeman, MT 59718
ATTACHMENTS
Applicant’s submittal materials
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RESOLUTION #Z-12200 RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP TO ESTABLISH AN INITIAL ZONING DESIGNATION OF B-2 (COMMUNITY BUSINESS DISTRICT) ON 10 +/- ACRES OF PROPERTY WHICH IS DESCRIBED AS TRACT 2, CERTIFICATE OF SURVEY 2229, SECTION 15, TOWNSHIP 2 SOUTH, RANGE 5 EAST, 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, Cresent Cross Limited Partnership owner and applicant through their
representative Madison Engineering, 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 establish an initial zoning designation of B-2 (Community Business District) for 10 acres; 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
September 18, 2012, to formally receive and review all written and oral testimony on the
proposed zoning map amendment; and
WHEREAS, No written public comment was received or expressed at the public hearing;
and
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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
4-0 vote, recommends to the Bozeman City Commission approval of zoning application #Z-12200 to amend the Bozeman zoning map to establish an initial zoning designation of B-2 (Community Business District) on 10 acres contingent upon annexation of said property which
is described as Tract 2, Certificate of Survey 2229, Section 15, Township 2 South, Range 5 East,
Gallatin County, Montana.
DATED THIS DAY OF , 2012, Resolution #Z-12200
_____________________________ ____________________________
Chris Saunders, Assistant Director Eric Garberg, Chairperson Dept. of Planning & Community Development City of Bozeman Zoning Commission
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Zoning Commission Minutes – September 18, 2012
ZONING COMMISSION MINUTES
TUESDAY, SEPTEMBER 18, 2012
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Garberg called the meeting to order at 6:00 p.m. and ordered the Recording
Secretary to take attendance.
Members Present:
Randy Wall, Vice Chairperson
Trever McSpadden
Erik Garberg, Chairperson
David Peck
City Commission Liaison:
Carson Taylor
Members Absent:
Guests Present:
Dayle H. Kountz
Kaylee Kountz
Cody Kountz
Chris Budeski
Staff Present:
Chris Saunders, Assistant Planning Director
Tara Hastie, Recording Secretary
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, Chairperson Garberg closed this
portion of the meeting.
ITEM 3. MINUTES OF AUGUST 7, 2012
Vice Chairperson Wall stated Commission Liaison Taylor was in attendance at the last meeting
and noted that under New Business the minutes should have read Mr. Taylor instead of Mr.
Carson.
MOTION: Mr. McSpadden moved, Vice Chairperson Wall seconded, to approve the minutes of
August 7, 2012 as amended. The motion carried 4-0. Those voting aye being Chairperson
Garberg, Mr. McSpadden, Mr. Peck, and Vice Chairperson Wall. Those voting nay being none.
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Zoning Commission Minutes – September 18, 2012
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z-12200 – (Crescent Cross) A Zone Map Amendment
requested by the owner Crescent Cross Limited Partnership, Dayle Kountz, 5550 Blackwood
Road, Bozeman MT 59718 and representative Madison Engineering, Chris Budeski, 895
Technology Boulevard, Suite 203, Bozeman, MT 59718 to establish an urban zoning
designation of B-2 (Community Business District) on 10 acres in conjunction with annexation.
The property is generally located southeast of the intersection of Cottonwood Road and
Huffine Lane and is legally described as Tract 2 W2, COS 2229, a portion of Lot 1, Crescent
Cross Subdivision, Section 15, T2S, R5E, Gallatin County, Montana. (Saunders)
Assistant Planning Director Chris Saunders presented the Staff Report noting the application was
in conjunction with an annexation and the County was in the process of finishing the approval of
a Final Plat on the property. He noted the location of the proposal and adjacent zoning districts,
both in the City and the County jurisdictions, the County being primarily zoned for agricultural
uses. He noted Staff had reviewed the application and provided the findings in the Staff Report.
He stated Staff recommended favorably on the application. He noted on a map where the subject
property was located and adjacent land use designations. He stated there had been no formal
public comment submitted though there had been members of the public reviewing the file at the
office. He stated he would be happy to answer any questions.
Chris Budeski, Madison Engineering, addressed the Committee. He noted he was the
representative for the owner of the property. He noted they were also in the process of doing a
minor subdivision within County jurisdiction and they would be before the County Commission
for final approval within the next couple of weeks. He stated the intent was not a secret and
Town Pump wanted to develop the corner which was driving the request for the B-2 zoning
district.
Chairperson Garberg asked how many lots would be in the subdivision. Mr. Budeski responded
there would be five total lots.
Chairperson Garberg opened the public comment portion of the meeting. Seeing none
forthcoming, the public comment period was closed.
Mr. Peck noted he lived 4 to 5 tenths of a mile south of the site in review though he did not think
he needed to recuse himself, the proposal would impact his property; he was supportive of the
proposal as he felt it met the review criteria as outlined in the ordinance.
MOTION: Vice Chairperson Wall moved, Mr. McSpadden seconded, that after having heard
and considered public comment, to hereby adopt the findings presented in the Staff Report and to
recommend approval of the Zone Map Amendment as requested with Zone Map Amendment
Application #Z-12200.
Mr. McSpadden noted that as Mr. Peck had already indicated, the proposal was in keeping with
the review criteria as set forth in the ordinance and was in keeping with the adopted Growth
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Zoning Commission Minutes – September 18, 2012
Policy.
The motion carried 4-0. Those voting aye being Chairperson Garberg, Mr. McSpadden, Mr.
Peck, and Vice Chairperson Wall. Those voting nay being none.
ITEM 5. NEW BUSINESS
No items were forthcoming.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting was adjourned at 6:12 p.m.
Erik Garberg, Chairperson Chris Saunders, Assistant Planning Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
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