HomeMy WebLinkAboutHarrington's-PAB LLC Growth Policy Amendment Public Hearing_10
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson Brekke, Neighborhood Planner
Wendy Thomas, Community Development Director
SUBJECT: P13013, Harrington’s/PAB, LLC Growth Policy Amendment
MEETING DATE: Monday, June 24, 2013
AGENDA ITEM TYPE: Action Item (Legislative)
RECOMMENDATION: The City Commission adopts the staff findings and approves the growth policy amendment, as recommended by the Planning Board with the two contingencies
listed on page two of the staff report, and directs staff to prepare a resolution for the growth
policy amendment.
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 P13013 and Planning Board Resolution P13013, and move to approve the growth policy amendment from “Community Commercial Mixed Use” to “Commercial Core” with the contingencies listed in the staff report, and direct Staff to prepare
a resolution for the growth policy amendment.
BACKGROUND: The City adopted its current growth policy in the summer of 2009. One of the elements of the document is the future land use map, Figure 3-1, which shows how the various
types of land use designations are geographically located in the community. An application has
been submitted to amend Figure 3-1 of the Bozeman Community Plan to change the future land
use classification from “Community Commercial Mixed Use” to “Community Core” upon approximately 1.63 acres of property located east of North 5th Avenue and north of Main Street, and addressed as 323, 403, 407, 411 and 421 West Main Street.
The Commission adopted a resolution of intent to amend the growth policy on June 3, 2013
setting a public hearing date of June 24, 2013. The Planning Board conducted their public hearing on June 4, 2013 and voted 5-0 to recommend approval to the City Commission in Planning Board Resolution P13013 with the two contingencies listed on page two of the attached
staff report. The draft minutes of the Planning Board meeting are attached for the Commission’s
review.
UNRESOLVED ISSUES: None
FISCAL EFFECTS: None at this time
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ALTERNATIVES: 1) Approve the growth policy amendment as recommended by the
Development Review Committee and Planning Board.
2) Deny the growth policy amendment request.
3) Make alternate findings to the criteria for a growth policy amendment and decide an alternative land use designation. Per Section
38.37.030.D.2, to consider the alternative the City Commission must
continue the application for at least one week to enable the applicant to
consider options regarding the possible alternate designation.
4) Other as identified b the City Commission.
Attachments:
Community Development Staff Report
Applicant’s submittal materials
Planning Board draft minutes and Planning Resolution P13013
Report compiled on: June 13, 2013
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Harrington’s/PAB, LLC GPA Staff Report #P-13013 Page 1 of 9
HARRINGTON’S/PAB, LLC GROWTH POLICY AMENDMENT PLANNING BOARD STAFF REPORT FILE # P-13013
Item: An application to amend Figure 3-1 of the Bozeman Community Plan to change the future land
use classification from Community Commercial Mixed Use to Community Core upon approximately
1.63 acres of property located east of North 5th Avenue and north of Main Street, and addressed as
323, 403, 407, 411 and 421 West Main Street, and legally described as Lots 10-21 of Block D of
Tracy’s Addition, City of Bozeman, Gallatin County, Montana. Property Owners: Derik & I Ho Pomeroy, 323 W. Main Street, Bozeman, MT
JC Commercial, LLC, 251 Edelweiss Dr., Bozeman, MT
Harrington’s Inc., 3125 W. Babcock St., Bozeman, MT
G.M. Hubbard, Inc., 507 W. Main St., Bozeman, MT
Applicant: PAB, LLC, PO Box 5262, Bozeman, MT
Representative: Rocky Mountain Engineers, PLLC, 1700 W. Koch St., Suite 7, Bozeman, MT.
Meeting Date: Before the Bozeman Planning Board on Tuesday, June 4, 2013 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, June 24, 2013 at 6:00 PM in the Commission Meeting Room,
City Hall, 121 North Rouse Avenue, Bozeman, Montana
Report By: Allyson Brekke, Neighborhood Planner
Recommendation: Approval with contingencies.
Recommended Motion for Growth Policy Amendment Application: “Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for #P-13013 and move to recommend that the City Commission
approve the growth policy amendment requested in application #P-13013 changing Figure 3-1 of
the Bozeman Community Plan from Community Commercial Mixed Use to Community Core upon
approximately 1.63 acres of property located east of North 5th Avenue and north of Main Street.”
PROJECT LOCATION
The subject property is approximately 1.63 acres of property located east of North 5th Avenue and
north of Main Street. The site is legally described as Lots 10-21, Block D, Tracy’s Addition, City of
Bozeman, Gallatin County, Montana.
ZONING DESIGNATION AND LAND USES
The subject property being considered in this application is currently occupied by five
commercial/mixed use buildings, one which is currently vacant and commonly known as the
Harrington’s building (401 West Main Street). The addresses of the buildings include 323, 403, 407,
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411 and 421 West Main Street. All the properties are zoned as B-2 (Community Business District)
with exception to 323 West Main Street, which is zoned B-3 (Central Business District). Please see a zoning map below.
The subject property is bordered on the east by the Gallatin Historical Society/Pioneer Museum and
and other commercial uses to the west. Residential uses are to the north. Overall, the property is
located along a commercial corridor that is being redeveloped into uses that encourage more pedestrian
street traffic rather than automobile traffic.
RECOMMENDED CONTINGENCIES
Based upon review and consideration by the Development Review Committee and after evaluation of
the proposed amendment against the criteria set forth in Chapter 17, Bozeman Community Plan, the
Development Review Committee recommends approval of the requested amendment with the two
contingencies listed below.
1) The applicant shall submit, within forty-five (45) days of approval by the City Commission, an 8½- x 11-inch or 8½- x 14-inch exhibit entitled “Harrington’s/PAB Growth Policy
Amendment” to the Department of Community Development containing an accurate
description of the property for which the growth policy designation is being amended. The
exhibit must be acceptable to the Department of Community Development.
2) The resolution for the growth policy amendment shall not be drafted until the applicant provides an exhibit of the area to be re-designated, which will be utilized in the preparation of
the resolution to officially amend Figure 3-1, the Future Land Use Map of the Bozeman
Community Plan.
B-2
B-3
R-4
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PROPOSAL
A Growth Policy Amendment application was submitted to the Department of Community Development requesting to amend Figure 3-1, the Future Land Use Map, of the Bozeman Community Plan by changing approximately 1.6 acres from Community Commercial Mixed Use land use
designation to Commercial Core. The subject property is located within the corporate limits of the
City of Bozeman and does not involve a request for annexation. If the City Commission votes to
approve the amendment, the applicant is planning to proceed with submitting a Zone Map Amendment application to the Department of Community Development to amend the City of Bozeman Zone Map from “B-2” (Community Business District) to B-3 (Central Business District). The applicant’s intent
with processing both amendments is to establish the necessary land use and zoning designations to
proceed with the redevelopment of the Harrington’s building at 403 West Main Street and allow
commercial uses that are greater in intensity. The B-3 zoning designation will allow for several parking reductions that will facilitate expansion of such commercial uses.
The subject property being considered in this application is owned by four different owners.
Approximately 40% of the subject property (Lots 16-20) is owned by G.M. Hubbard, Inc., while the
remaining seven lots are owned by the other three owners.
Please refer to the maps provided below illustrating the vicinity of the Figure 3-1 Future Land Use Map being considered with this application, as well as the existing land uses on and surrounding the property.
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Community Plan Future Land Use Map
Existing Land Use Map
REVIEW CRITERIA
A change in the growth policy is a legislative act to set policy relating to future development proposals.
There are no statutory criteria for evaluation of a growth policy amendment other than the general
purposes for a growth policy. The City of Bozeman has locally established through its growth policy
four specific criteria for amendment. The Bozeman Department of Community Development has reviewed the application against the locally established criteria of the Bozeman Community Plan, and
as a result offers the following summary-review comments for consideration.
1. The proposed amendment must cure a deficiency in the growth policy, or improves the
growth policy, to better respond to the needs of the general community;
The subject property is currently designated as Community Commercial Mixed Use, which does not allow uses permitted in B-3 zoning. However, a portion of the subject property (Lots 10-13) is
currently zoned B-3. Harmony between the adopted growth policy and subsequent more detailed
neighborhood plans and the implementing zoning is needed. The Downtown Improvement Plan, a
neighborhood plan which was adopted after the Bozeman Community Plan, designated a “Downtown
Plan Area Boundary” which extends as far west as 5th Avenue and includes the entire subject property.
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Commercial uses recommended within this Downtown plan area are more parallel to uses permitted in
the Commercial Core land use designation and the B-3 zoning district. This growth policy amendment would better respond to the needs of the community as expressed in the Downtown Improvement Plan.
2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals and objectives.
The proposed growth policy amendment creates more consistency between the growth policy and the
existing zoning of Lots 10-13, as well as the desired future zoning of Lots 14-21. The amendment improves consistency between the Bozeman Community Plan and the Downtown Improvement Plan. The proposed amendment also meets several of the growth policy goals and objectives, such as the
following:
Community Quality Objective C-1.3: Support compatible infill within the existing area of the City
rather than developing land requiring expansion of the City’s area.
Land Use Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which
surrounds it. Respect for context does not automatically prohibit difference in scale or design.
Goal LU-3: Strengthen the Historic Core of Bozeman to preserve the community character, economic
resource, and historical connection represented by this area.
3. The proposed amendment must be consistent with the overall intent of the growth policy;
The proposed amendment is consistent with the intent of the growth policy, including the following:
• The needs of new and existing development must coexist and remain in balance.
• Infill development and redevelopment which encourages the efficient utilization of land and existing infrastructure systems is preferred.
• Future development patterns should not be detrimental to the existing community, with special
attention to be given to the support of the existing Historic Core and Downtown of the
community.
4. The proposed amendment will not adversely affect the community as a whole or significant portion by:
Significantly altering land use patterns and principles in a manner contrary to those established
by this plan,
The requested growth policy amendment allows the subject property to maintain a commercial land use character; therefore it does not significantly alter the existing land use pattern. Approval of the
amendment would follow the vision of the Downtown Improvement Plan for the section of West Main
Street west of Grand Avenue. Two of the five buildings are built to the edge of the public right-of-way,
which is a typical pattern for the B-3 district and the Community Core land use designation. The
change of designation would not be contrary to this criterion.
Requiring unmitigated larger or more expensive improvements to streets, water, sewer, or other public facilities or services, thereby impacting development of other lands,
The street improvements and related infrastructure to service the subject property 1.6 acre site are
currently in place and available for redevelopment. Development of the site will improve the public
streetscape along this section of West Main Street and provide a commercial extension to the downtown historic core. The evaluation by the Development Review Committee (DRC) indicates that
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adequate sewer and water can be made available to the site. Other services such as police and fire are
already provided to the entire area.
Adversely impact existing uses because of unmitigated greater than anticipated impacts on facilities and services, or
No extraordinary impacts on facilities or services are anticipated from the potential change in land use.
Negatively affect the livability of the area or the health and safety of the residents.
The redevelopment of the subject property will be subject to the standards of the adopted land use regulations at time of redevelopment. These regulations will be adequate to address concerns of health and safety. Residential development is to the north of the subject property and this growth policy
amendment will not affect the livability of the neighboring residents because the property is already
used for commercial purposes.
PUBLIC COMMENT
No written comment on the matter of the requested growth policy amendment has been submitted as of
the writing of this report.
SUMMARY & CONCLUSION
The Development Review Committee reviewed the application and provided summary review
comments as outlined within this staff report and as a result, recommend approval of the application with said contingencies.
The recommendation of the Planning Board will be forwarded to the Bozeman City Commission for
consideration at its public hearing scheduled for Monday, June 24, 2013. The City Commission will
make the final decision on the application.
Report Sent To: Derik & I Ho Pomeroy, 323 W. Main Street, Bozeman, MT JC Commercial, LLC, 251 Edelweiss Dr., Bozeman, MT
Harrington’s Inc., 3125 W. Babcock St., Bozeman, MT
G.M. Hubbard, Inc., 507 W. Main St., Bozeman, MT
Rocky Mountain Engineers, PLLC, 1700 W. Koch St., Suite 7, Bozeman, MT
Attachments: Attachment A “Harringtons/PAB, LLC Vicinity Map”
Attachment B “Permitted Principal and Conditional Uses in the Business Districts”
Applicant’s GPA Application and Submittal Materials
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Attachment A
Harringtons/PAB, LLC GPA Vicinity Map
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Attachment B
Permitted Principal and Conditional Uses in the Business Districts
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
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
Community residential facilities with eight or fewer residents P P1/C P3
Community residential facilities serving nine or more residents — C —
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
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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
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
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Property Owner Information
Growth Policy Amendment Application
Lots 10-21, Block D, Tracy’s Addition
Derik & I Ho Pomeroy
323 W. Main St.
Bozeman, MT 59715-4576
Lots 10-11, Block D, Tracy’s Addition, (Property Address: 323 W. Main St.)
JC Commercial, LLC
251 Edelweiss Dr., Suite 3A
Bozeman, MT 59718-3933
Lots 12-13, Block D, Tracy’s Addition, (Property Address: 403 W. Main St.)
Harringtons, Inc.
3125 W. Babcock St.
Bozeman, MT 59718-2651
Lots 14-15, Block D, Tracy’s Addition, (Property Address: 407 W. Main St.)
G. M. Hubbard, Inc.
507 W. Main St.
Bozeman, MT 59715-3466
Lots 16-21, Block D, Tracy’s Addition, (Property Address: 411 & 421 W. Main St.)
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Growth Policy Map Amendment
Lots 10-21, Block D, Tracy’s Addition to Bozeman
1. The proposed amendment cures a deficiency in the growth policy or results in improved
growth policy which better responds to the needs of the general community.
The existing community plan boundary and the existing zoning in this part of Block D are
inconsistent. The growth policy lists Lots 10-21 as Community Commercial Mixed Use,
while the existing zoning of Lots 10-13 is B-3. The B-3 Zone is not allowed in the
Community Commercial Mixed Use plan designation.
The existing buildings on Lots 14-21 do not meet the setbacks for the existing B-2 zone.
Changing the Growth Policy Map for these properties to Community Core will allow a
zone change to B-3, that will more accurately reflect the existing building setbacks.
The Downtown Improvement Plan, that includes Lots 10-21, indicates that a B-3 Zone is
the preferred zone for this area.
The Tax Increment Finance District extends from Downtown, west to North Fifth
Avenue. Changing the Growth Policy Map to include Lots 10-21 in the Community Core
designation will allow the land use and the TIF District to coincide.
2. The proposed amendment does not create inconsistencies within the growth policy, either
between the goals and the maps or between different goals; if inconsistencies are identified,
then additional changes must be provided to remove the inconsistencies.
The proposed amendment actually cures inconsistencies between the growth policy and
the existing zoning. The proposed amendment further provides consistency between the
growth policy and the Downtown Improvement Plan, and the Tax Increment Finance
District.
3. The proposed amendment must be consistent with the overall intent of the growth policy.
The proposed amendment is consistent with the intent of the growth policy, as well as the
other documents mentioned previously.
4. The proposed amendment will not adversely affect the community as a whole or significant
portion by:
a) Significantly altering acceptable existing and future land use patterns, as defined in
the text and maps of this plan;
The historic land uses of the subject properties have been those allowed in the Community
Core district. Changing the Growth Policy Map to be consistent with past and existing
uses will not adversely affect the community.
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4.b) Requiring unmitigated larger and more expensive improvements to streets, water,
sewer, or other public facilities or services and which, therefore, may impact
development of other lands;
Changing the Growth Policy Map for the subject properties will not require unmitigated,
expensive improvements to public infrastructure or services, and will not impact
development of other lands. The existing infrastructure will substantially meet the needs
of potential future uses of the properties.
c) Adversely impacting existing uses because of unmitigated greater than anticipated
impacts on facilities and services; or
Changing the Growth Policy Map for the subject properties will not adversely impact
existing uses. The existing facilities and services are expected to be sufficient to meet the
needs of potential future uses. Site Plan review of proposed uses is intended to ensure
that development improves infrastructure facilities, if necessary, to meet required
capacities.
d) Negatively affecting the livability of the area or the health and safety of the residents.
Changing the Growth Policy Map for the subject properties will not affect the livability of
the area, or the health and safety of the residents. The proposed land use designation will
allow the existing buildings and corresponding uses to continue to be updated for
livability, and to current standards for health and safety of the residents.
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Harrington’s/PAB,LLC Growth Policy Amendment Application P13013
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RESOLUTION P13013
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING AN
AMENDMENT TO FIGURE 3-1, FUTURE LAND USE MAP, BOZEMAN
COMMUNITY PLAN TO CHANGE THE FUTURE LAND USE CLASSIFICATION
FROM COMMUNITY COMMERCIAL MIXED USE TO COMMUNITY CORE UPON APPROXIMATELY 1.63 ACRES OF PROPERTY LOCATED EAST OF NORTH 5TH
AVENUE AND NORTH OF MAIN STREET, AND ADDRESSED AS 323, 403, 407, 411
AND 421 WEST MAIN STREET, AND LEGALLY DESCRIBED AS LOTS 10-21 OF
BLOCK D OF TRACY’S ADDITION, CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA.
WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-
601, M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by ordinance by the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the property owners, Derik & I Ho Pomeroy, JC Commercial, LLC,
Harrington’s Inc. and G.M. Hubbard, Inc., and their applicant, PAB, LLC, and their
representative, Rocky Mountain Engineers, PLLC, submitted a growth policy amendment to
change the future land use designation depicted on Figure 3-1, Bozeman Community Plan to
change the future land use classification from Community Commercial Mixed Use to
Community Core upon approximately 1.63 acres of property located east of North 5th Avenue
and north of Main Street; and
WHEREAS, the proposed Growth Policy Amendment Application has been properly
submitted, reviewed, and advertised in accordance with the required procedures; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, June
4, 2013, to review the application and any written public testimony on the application; and
WHEREAS, one member of the general public, named Tom Clark, provided written
testimony in support of the growth policy amendment application; and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
criteria for amendments established in Chapter 17 of the Bozeman Community Plan; and
WHEREAS, the City of Bozeman Planning Board voted 5-0 to forward a
recommendation of approval to the City Commission for the growth policy amendment request
with the two contingencies recommended by the Community Development Department;
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Harrington’s/PAB,LLC Growth Policy Amendment Application P13013
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NOW, THEREFORE, BE IT RESOLVED, having heard and considered public comment,
application materials, and staff findings the City of Bozeman Planning Board voted 5-0 to
officially recommend to the Bozeman City Commission approval of growth policy amendment
application P13013 to amend Figure 3-1, Future Land Use Map, Bozeman Community Plan to
change the future land use classification from Community Commercial Mixed Use to
Community Core upon approximately 1.63 acres of property located east of North 5th Avenue
and north of Main Street, and addressed as 323, 403, 407, 411 and 421 West Main Street, and
legally described as Lots 10-21 of Block D of Tracy’s Addition, City of Bozeman, Gallatin
County, Montana subject to the following contingencies:
1) The applicant shall submit, within forty-five (45) days of approval by the City Commission,
an 8½- x 11-inch or 8½- x 14-inch exhibit entitled “Community Food Co-op Growth Policy
Amendment” to the Department of Community Development containing an accurate
description of the property for which the growth policy designation is being amended. The
exhibit must be acceptable to the Community Development Department.
2) The resolution for the growth policy amendment shall not be drafted until the applicant
provides an exhibit of the area to be re-designated, which will be utilized in the preparation
of the resolution to officially amend Figure 3-1, the Future Land Use Map of the Bozeman
Community Plan.
DATED THIS DAY OF , 2013 Resolution P13013
_____________________________ ____________________________
Wendy Thomas, Trever McSpadden, President
Community Development Director City of Bozeman Planning Board
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AGENDA
CITY OF BOZEMAN PLANNING BOARD
CITY HALL COMMISSION MEETING ROOM
121 NORTH ROUSE AVENUE
TUESDAY, JUNE 4, 2013
6:00 P.M.
ITEM 1. CALL TO ORDER AND ATTENDANCE
ITEM 2. PUBLIC COMMENT
{Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on
this agenda. Three-minute time limit per speaker.}
ITEM 3. MINUTES OF MAY 21, 2013
ITEM 4. PROJECT REVIEW
1. Growth Policy Amendment - #P-13013 (Harringtons/PAB Tracy’s Addition Block D) – A
Growth Policy Amendment application as requested by the property owner Harringtons, Inc., 3125
West Babcock Street, Bozeman, MT 59715, applicant PAB, LLC, P.O. Box 5262, Bozeman, MT
59771 and representative Rocky Mountain Engineers, PLLC, 1700 West Koch Street, Suite 7,
Bozeman, MT 59715, requesting to change the Growth Policy Land Use Designation from
Community Commercial Mixed Use to Community Core on 1.6268 acres. The subject property is
legally described as Tracy’s Addition, Block D, Lots 10-21 plus ½ the adjacent streets and alleys
located in the SE ¼, NE ¼, of Section 12, T2S, R5E, PMM, City of Bozeman, Gallatin County,
Montana and is located at 323-507 West Main Street. (Brekke)
ITEM 5. NEW BUSINESS
ITEM 6. ADJOURNMENT
*City of Bozeman Planning Board meetings are open to all members of the public. If you have a special need or
disability, please contact our ADA Coordinator, James Goehrung, at 582-3203 (voice) or 582-2301 (TDD).
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