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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, AICP Wendy Thomas, Director of Community Development
SUBJECT: The Community Food Coop Zone Map Amendment Application to rezone
existing R-4 (Residential High Density) to B-2 (Community Business).
The property is generally north of West Babcock between 9th and 10th
Avenues, File Z13139.
MEETING DATE: August 26, 2013
AGENDA ITEM TYPE: Action (Legislative)
RECOMMENDATION: The City Commission adopts the provided staff findings and approves the zone map amendment, with the three (3) recommended contingencies listed on Page 2 of the
Staff Report, and directs staff to prepare an ordinance for the map amendment.
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-13139 and Zoning Commission Resolution #Z-13139, and
move to approve the rezoning with contingencies outlined in the staff report, and direct Staff to
prepare the required implementing ordinance.
BACKGROUND: The property owner, Community Food Co-op, Inc., represented by Comma-Q Architecture, Inc., has made application to the City to amend the City of Bozeman Zone Map from R-4 (Residential High Density District) to B-2 (Community Business District) on
approximately 0.380 acres. The request follows an approved Growth Policy Amendment
formally approved by the City Commission on August 5, 2013 (#P-13011). The Zoning
Commission recommended approval of the rezoning from R-4 to B-2 at their public hearing on August 6th
UNRESOLVED ISSUES: None
, 2013. No public comment has been received on this application.
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 the development.
Attachments: Zoning staff report Zoning Commission Minutes and Resolution Application materials Report compiled on: August 16, 2013
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Community Food Co-op ZMA Staff Report #Z-13139 Page 1 of 11
COMMUNITY FOOD CO-OP ZONE MAP AMENDMENT
CITY COMMISSION STAFF REPORT
FILE # Z-13139
Item: Zoning Application #Z-13139 – An application to amend the City of Bozeman Zone Map to rezone 0.38-acres from R-4 (Residential High
Density District) to B-2 (Community Business District)
Owner: Community Food Co-op, Inc., 908 W. Main St., Bozeman MT 59715
Representative: Comma-Q Architecture, Inc., 109 North Rouse, #1, Bozeman, MT 59715
Date/Time: Before the Bozeman Zoning Commission on Tuesday, August 6, 2013 at 6:00PM in the Commission Meeting Room, City Hall, 121 North Rouse
Avenue Bozeman, Montana; and before the Bozeman City Commission on
Monday, August 26, 2013 at 6:00 PM in the Commission Meeting Room,
City Hall, 121 North Rouse Avenue Bozeman, Montana
Report By Tom Rogers, AICP
Recommendation: Approval of B-2 with contingencies
Recommended City
Commission 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-13139 and move to recommend that the City Commission adopt the Zone Map Amendment with contingencies and subject to all applicable code provisions.
LOCATION
The subject property is located at the northeast corner
of the intersection of West Babcock Street and South
10th Avenue. The site is commonly referred to as 917-
921 West Babcock Street and is legally described as Lots 25 and Lot 26 of Block H and that part of vacated
South 10th
Avenue described in Document 2337846,
Story’s Addition to City of Bozeman located in the
Northeast One-Quarter (NE ¼) of Section 12,
Township Two South (2S), Range Five East (5E), PMM, Gallatin County, Montana. Please refer to the
vicinity map to the right.
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RECOMMENDED CONTINGENCIES
Based upon review and consideration by the Development Review Committee (DRC), considered
public comment, and after evaluation of the proposed zoning against the criteria set forth in
38.01.040.C of the Unified Development Code (UDC) and Section 76-2-304 Montana Codes
Annotated (MCA), the DRC 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 “Community Food Co-op Zone Map Amendment”.
2. That the applicant submit a zone amendment map, titled “Community Food Co-op 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 Works, 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 total acreage of the property.
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, Community Food Co-op, Inc., has made application to the Department of
Community Development for a Zone Map Amendment to amend the City of Bozeman Zone Map from
R-4 (Residential High Density District) to B-2 (Community Business District) on approximately 0.380
acres located at the northeast corner of the intersection of West Babcock Street and South 10th
Avenue.
The subject property is located within the corporate limits of the City of Bozeman.
This application follows a recently approved Growth Policy Amendment (File #P-13011) to establish
the necessary land use designations to proceed with the growth and expansion of the existing Food Co-
op store. The City Commission granted final approval of the GPA by adopting Resolution No. 4459 at
their regularly scheduled meeting on Monday, August 5, 2013.
The applicant’s narrative is requesting the zone map amendment for the purposes to undertake facility
improvements with the goal of enhancing and improving circulation of delivery vehicles and general
traffic flow.
On July 17, 2013, the Development Review Committee (DRC) considered the Zone Map Amendment
application and recommended approval (unanimous) of the application with the recommended
contingencies included in this staff report.
Please refer to the map provided on page 4 illustrating Future Land Use Map amendment being considered with this application, overlaid with the existing land use and zoning designations.
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LAND CLASSIFICATION AND ZONING
The site being considered is currently occupied by two single-household dwellings and accessory structures. It is located in the West Main Entryway Corridor Overlay District and is currently zoned for R-4 (Residential High Density District) development. The intent of the R-4 district is:
“to provide for high-density residential development through a variety of housing types
within the city with associated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community's residents. Although some office use is permitted, it shall remain as a secondary use to residential development. Secondary status shall be as measured by percentage of total building
area.”
Community Food Co-op, Inc. presently owns and occupies approximately 75% of the entire City block
that includes the requested zone map amendment and the existing Food Co-op building and parking area. The remaining 25% of the block is owned and operated by Aspen Motors car dealership. Exclusive of the applicant’s current operation and associated off-street parking, their remaining portion
of the city block is occupied by the two single-household dwellings and accessory structures, and a
third dwelling located at the intersection of West Babcock and South 9th
West Babcock Street, a collector road, serves as a physical demarcation between the commercial block
occupied by the Community Food Co-op store and the Aspen Motors dealership, and the residential
development to the south. The City block immediately to the south of the zone map amendment
request is zoned for R-4, high density residential development, and contains a mix of single-household
dwellings and multi-household structures. One-half block further west, developed property zoned R-O (Residential Office District) exists, and to the east the property is zoned B-2 (Community Commercial
District). The intent of the B-2 district is:
Avenue. The third structure
functions as an administration office for the Community Food Co-op store.
“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.”
To the north and across Main Street is the vacant Safeway store which is zoned B-2 and within the
entryway corridor for West Main Street. Urgent Care occupies the City block to the west and mirrors
the development patterns of the Food Co-op store with the commercial building facing onto the West
Main Street entryway corridor and off-street parking lot facilities orientated towards West Babcock
Street. The Lewis and Clark Motel occupies the north half of the block to the east with the south half containing an eclectic mix of residential land use types. Both City blocks to the east and west are
zoned B-2 and designated for development as “Community Commercial Mixed Use” on the Future
Land Use Plan of the Bozeman Community Plan.
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Community Food Co-op ZMA Staff Report #Z-13139 Page 4 of 11
Figure 1: Current Land Use
REVIEW CRITERIA
The establishment of and the rezoning of a zoning district is a legislative act to set policy relating to
future development proposals. The Bozeman DRC 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 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 criterion.
A. Be in accordance with a growth policy.
Yes. Numerous goals and objectives, in addition to conformance with the Future Land Use Map
(Figure 3-1), must be considered when determining whether or not a proposed zoning change is in
accordance with the growth policy. 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.
The subject property was recently the subject of an amendment to Figure 3-1 Future Land Use Map
of the Bozeman Community Plan, a Growth Policy Amendment. 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
Legend
Zoning Districts
City Limits (1/1/12)
Land Use (1/1/12)
Mixed Use
Restaurant\Bar
Commercial Retail Sales, Services, Banks
Hotel\Motel
Commercial Auto
Administrative\Professional
Light Manufacturing
Golf Course
Park or Open Space
Conservation Easement
Church
Public Facility
School\Educational Facility
Single-Household Residential
Duplex\Triplex Residential
Multi-Household Residential
Mobile Home\Mobile Park
Right-of-Way
Undeveloped
Vacant
City Limits
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Community Food Co-op ZMA Staff Report #Z-13139 Page 5 of 11
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.”
Chapter 3 of the Bozeman Community Plan addresses land uses. Beginning on page 3-3, there are seven land use principles laid out which provide a foundation for Bozeman’s land use policies and practices. These are:
Neighborhoods
Sense of Place
Natural Amenities
Centers
Integration of Action
Urban Density
Sustainability
Supportive examples of applicable goals and objectives for this application include:
3.3 Land Use Goals and Objectives
Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides public
and private basic services and facilities in close proximity to where people live and work, and
minimizes sprawl.
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.
4.3 Community Quality Goals and Objectives
Goal C-2: Community Circulation — Create a circulation system both vehicular and pedestrian that is fully connected, integrated, and designed for ease of use.
Objective C-2.1: Require adequate and efficient circulation in all subdivisions and site plans
and provide connectivity between developments and major destinations for both the pedestrians
and vehicles, including human powered vehicles.
8.3 Economic Development Goals and Objectives
Goal ED-1: Promote and encourage the continued development of Bozeman as a vital economic center.
Objective ED-1.1: Support business creation, retention, and expansion. Emphasize small
businesses, ‘green’ businesses, and e-businesses.
The site is within a commercial, administrative and professional offices area and is adjacent to the primary east-west corridor for the City. An Urgent Care facility is directly to the west, an auto
dealership abuts the site to the north and the parking lot and administrative facility for the
Community Coop is to the east. All necessary City infrastructures (streets, sewer, water, etc.) are
currently available to the property. The city’s policies support development within the utilities
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service area, preferably taking advantage of existing service mains to reduce the amount of
extensions needed to provide service. The existing adjoining streets on the western and north sides of the property allow vehicular and pedestrian connections and circulation.
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 intent and purpose of this district furthers and supports numerous City Growth Policy goals and objectives. Therefore, based on a comprehensive evaluation of the City’s plans and stated goals and objectives the proposed zone change comports
with Growth Policy.
B. The effect on motorized and non-motorized transportation systems.
Yes. The site is within the West Main Street (principle arterial) entryway corridor and between two collector streets. West Babcock Street is listed as a proposed bike lane, South 8th
C. Secure safety from fire, panic, and other dangers.
Street has a
delineated bike lane, and the area is supported with sidewalks. Any future development of the site
permitted by the zoning classification will require evaluation of street access and service levels
depending on the design of the development. In addition, procedures and design standards are in
place to ensure that any negative effects are mitigated. Finally, the impetus of the application is to allow for improvements to delivery vehicle circulation and general traffic flow.
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. Pursuant to 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 or are required for this request.
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 Quality, City Engineer's Office and the Director
of Public Works.
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 commercial demand can be more accurately calculated. Water and sewer
infrastructure are adjacent and available to the site. See also Item H.
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Similarly, any development will be required to meet or exceed regulatory provisions established
through the City’s municipal code under Chapter 38, Unified Development Code (UDC), BMC, for transportation facilities.
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. Main Street is a Class II 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.
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 may or may not result in an
increase in population and use beyond what currently exists on the 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 do not create undue concentration of population.
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. Any indentified impacts with development of the property will be mitigated with recommended conditions of approval by
the Development Review Committee (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 could be extended into the property by the landowner/developer for further development of the site. Emergency services are currently serving this area, and municipal
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Community Food Co-op ZMA Staff Report #Z-13139 Page 8 of 11
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. Neutral. The property currently has two residential structures with accessory structures. The
adjacent properties within the B-2 District host commercial structures. Properties to the south
within the R-4 District are primarily older residential multifamily and single family properties.
The promotion of the existing structures into the B-2 Distinct may increase building values. Depending on a number of variables including proposed uses, design considerations, and site plan
layout it is undetermined whether or not the value of the other existing structures will be
conserved, increase in value or be negatively affected.
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 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. In fact the existing zoning classification appears to be an island of residential zoning with other commercial development. Adopting B-2 zoning on
the subject property will further the goals and objectives of the City Plan and allow development
supporting the activities already found on site. The use of the property will be similar to those used
on the adjacent property to the north, east, 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.
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 Community Development Department as of the
production of this staff report on August 19, 2013. Any comment received will be included forwarded.
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SUMMARY & CONCLUSION
The Community Development Department 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 Bozeman Zoning Commission voted 4:0 to recommendation the City Commission adopt the
proposed rezoning. 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.
Cc. Mr. Kelly Wiseman, G.M., Community Food Co-op, Inc., 908 W. Main St., Bozeman MT 59715 Mr. Ben Lloyd, AIA, Comma-Q, 109 N Rouse, #1, Bozeman, MT 59715
Attachments:
A. Applicant’s submittal materials
Exhibits:
A. Vicinity Map
B. Future Land Use Map
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Exhibit A: Zone Map Amendment Vicinity Map
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Exhibit B: Future Land Use Map
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Community Food Coop ZMA
RESOLUTION #Z-13139
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION RECOMMENDING
APPROVAL OF AN APPLICATION TO AMEND THE CITY OF BOZEMAN ZONING MAP
TO REZONE 0.38-ACRES FROM R-4 (RESIDENTIAL HIGH DENSITY) TO B-2 (COMMUNITY BUSINESS DISTRICT) WHICH IS DESCRIBED AS LOTS 25 AND LOT 26
OF BLOCK H AND THAT PART OF VACATED SOUTH 10TH AVENUE DESCRIBED IN
DOCUMENT 2337846, STORY’S ADDITION TO CITY OF BOZEMAN LOCATED IN THE
NORTHEAST ONE-QUARTER (NE ¼) OF SECTION 12, TOWNSHIP TWO SOUTH (2S),
RANGE FIVE EAST (5E), P.M.M., 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, Mont. Code Ann.; 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, Mont. Code Ann.; 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, Mont. Code Ann.; 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, Community Food Coop owner and applicant through their representative
Comma-Q Architecture, Inc., 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 areas of R-4 (Residential High Density District) to B-2 (Community Business District) for 0.38-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, Mont. Code Ann.; and WHEREAS, the City of Bozeman Zoning Commission held a public hearing on August
6, 2013, 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 3:0 (unanimous) vote, recommends to the Bozeman City Commission
approval of zoning application #Z-13139 to amend the Bozeman zoning map to rezone areas of
R-4 (Residential High Density District) to B-2 (Community Business District) on 0.38-acres
described as Lots 25 and Lot 26 of Block H and that part of vacated South 10th
Avenue described
in Document 2337846, Story’s Addition to City of Bozeman located in the Northeast One-Quarter (NE ¼) of Section 12, Township Two South (2S), Range Five East (5E), PMM, Gallatin
County, Montana subject to the following contingencies:
1. That all documents and exhibits necessary to completes application processing shall be
identified as the “Community Food Coop Map Amendment”.
2. That the applicant submit a zone amendment map, titled “Community Food Coop 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 Workes, 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 and zoning districts, and total acreage of the property.
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.
DATED THIS DAY OF , 2012, Resolution #Z-13_____
_____________________________ ____________________________
Allyson Brekke, Neighborhood Planner Eric Garberg, Chairperson
Department of Community Development City of Bozeman Zoning Commission
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Zoning Commission Minutes – August 6, 2013
ZONING COMMISSION MINUTES
TUESDAY, AUGUST 6, 2013
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Garberg called the meeting to order at 6:15 p.m. and took attendance.
Members Present:
Erik Garberg, Chairperson pro tem
Trever McSpadden
Adam Fruh
City Commission Liaison:
Carson Taylor
Members Absent:
Julien Morice
Guests Present:
Joe Cartwright
Kelly Wiseman
Ben Lloyd
Staff Present:
Allyson Brekke, Neighborhood Planner
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.}
None.
ITEM 3. MINUTES OF OCTOBER 16, 2012
MOTION: A motion to approve the minutes of January 15, 2013 as presented. The motion
carried 3-0.
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z- 13141 – Harringtons/PAB
A Zone Map Amendment requested by the owner Harrington, Inc., 3124 West Babcock
Street, Bozeman MT 59718, applicant PAB, LLC, PO Box 5262, Bozeman MT 59717, and
representative Rocky Mountain Engineers, PLLC, 1700 West Koch Street Suite 7, Bozeman
MT 59715 to change the zone designation for the lots on approximately 0.25 acres of land at
407 West Main Street from B-2 (Community Business District) to B-3 (Central Business
District). 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 (Brekke)
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Zoning Commission Minutes – August 6, 2013
City of Bozeman Neighborhood Planner Allyson Brekke presented the application and
referred the Commission to the Staff Report (which should be a part of the public record).
No public comment was received. On July 17, 2013 the Development Review Committee
recommended approval of this project with two contingencies. The City Commission will
consider this on Monday August 26, 2013. There were no questions for either the
Neighborhood Planner Brekke or applicant Joe Cartwright. It was moved to adopt the
findings in the Staff Report and moved to recommend that the City Commission adopt the
Zone Map Amendment. Board Member McSpadden reiterated that the project was recently
approved for the Growth Policy Amendment and that this zoning designation is consistent
with that with that land use designation and that makes the recommendation the right thing to
do. The motion was seconded, and was passed unanimously, 3-0.
2. Zone Map Amendment Application # Z-13139 – Community Food Co-Op Zone Map
Amendment requested by the owner Community Food Co-Op, 908 West Main Street,
Bozeman MT 59715, and representative Comma-Q Architecture, 109 North Rouse #1,
Bozeman MT 59715, to change the zone designation for the lots on approximately 0.38 acres
of land at 917 - 921 West Babcock Street from R-4 (Residential High Density District) to B-2
(Community Business District). The subject property is legally described as Lots 25 and 26 of
Block H and that part of vacated South 10th Avenue described in Document 2337846 Story’s
Addition to City of Bozeman located in the NE 1/4 of Section 12, T2S, R5E, PMM, Gallatin
County, Montana. (Brekke)
In the unexpected absence of Planner Rogers, Neighborhood Planner Brekke verbally
presented the project through the project’s Staff Report (part of the public record). On
July 17, 2013 the Development Review Committee recommended approval of this project
with contingencies listed in the report. There were no questions for the applicant Kelly
Wiseman. It was moved to adopt the findings in the Staff Report and moved to recommend
that the City Commission adopt the Zone Map Amendment. Board Member McSpadden
stated that the project was recently approved for the Growth Policy Amendment and that this
zoning designation is consistent with that with that land use classification. The motion was
seconded, and was passed unanimously.
ITEM 5. NEW BUSINESS
The election of officers will be placed on the next meeting’s agenda.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting was adjourned at 6:33 p.m.
Erik Garberg, Chairperson pro tem Allyson Brekke, Neighborhood Planner
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
133
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: Community Food Co-op - Zoning Map Amendment
2. Property Owner Information:
Name: Community Food Co-op E-mail Address: kelly@bozo.coop
Mailing Address: 908 W Main St, Bozeman, MT 59715
Phone: (406) 587-1919 FAX:
3. Applicant Information:
Name: Community Food Co-op, Kelly Wiseman, General Manager E-mail Address: kelly@bozo.coop
Mailing Address: 801 W Main St, suite 3B, Bozeman, MT 59715
Phone: (406) 587-1919, ext 66 FAX:
4. Representative Information:
Name: Comma-Q Architecture, Ben Lloyd, Architect E-mail Address: ben@commaq.com
Mailing Address: 109 N Rouse, #1, Bozeman, MT 59715
Phone: (406) 585-1112 FAX: (406) 585-5518
5. Legal Description: Lots 25 & 26 in Block H & that part of vacated 19th Avenue, South described in Doc. 2337846 in
Story's Addition to Bozeman
6. Street Address: West house: 921 West Babcock; East house: 917 West Babcock.
7. Project Description: Modify the Zoning Map from R-4 to B-2.
8. Zoning Designation(s): R-4 9. Current Land Use(s): Single-family Residential
10. Bozeman Community Plan Designation: Community Commercial Mixed-Use
11. Gross Area: Acres: 0.38 Square Feet: 16,560 12. Net Area: Acres: Square Feet:
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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:
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Page 3
(Zoning Map or Unified Development Ordinance Text Amendment Checklist – Prepared 12/05/03, revised 9/20/04, revised 11/14/11)
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?
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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
137
Comma-Q Architecture Zoning Map Amendment June 18, 2013
ZMA Checklist, Section B
Zoning Map Amendment Review Criteria
1. Is the new zoning designed in accordance with the comprehensive plan? Yes.
The proposed Zoning Map Amendment (ZMA) is preceded by an accepted Growth Policy
Amendment (GPA) regarding this proposed change in zoning. The updated GPA supports the
overall intent of the Bozeman Community Plan by enhancing a commercial node, refining
commercial operations to allow for increased compatibility between commercial and
residential uses, creating a proper transition and continuing consistent land use patterns
and densities.
2. Is the zoning designed to lessen congestion in the streets? Yes.
This proposal allows the Community Food Co-op to plan and undertake facility
improvements with the goal of enhancing and improving circulation of delivery vehicles and
general traffic flow.
3. Will the new zoning promote health and general welfare? Yes.
Public health and safety will be addressed by the development standards of Bozeman
Municipal Code, construction codes and similar guidance for development when future
design and construction occurs on the site. General welfare is promoted by maintaining and
increasing consistency of the zoning map with the Bozeman Community Plan. This proposed
zoning modification is in accordance with the Bozeman Community Plan.
4. Will the new zoning secure safety from fire, panic and other dangers? Yes.
The proposed zoning modification would group like uses together on the same block, which
would facilitate orderly response in case of emergencies. The location is within response
times for emergency services. Building codes will be applied to address necessary building
exiting requirements and similar issues. Any new construction will be designed to comply
with applicable codes and other emergency services standards.
5. Will the new zoning provide adequate light and air? Yes.
The property located at the proposed zoning modification will be built to zoning
requirements of the Unified Development Code. These applicable setbacks, height and
buffering standards will ensure adequate light and air.
6. Will the new zoning prevent the overcrowding of land? Yes.
Any infrastructure modifications to the site involving water, sewage, transportation and
other services in considerations will be designed and installed in accordance with City
standards preventing the overcrowding of land.
7. Will the new zoning avoid the undue concentration of population? Yes.
The property involved in the proposed zoning change is small (.38 acres) and will have an
insignificant effect on population concentration.
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Comma-Q Architecture Zoning Map Amendment June 18, 2013
8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools,
parks, fire, police, and other public requirements? Yes.
This proposal would allow the Community Food Co-op to consider projects that create
better access for deliveries, traffic flow and fire access and adequate parking.
9. Does the new zoning give consideration to the peculiar suitability of the property for the
particular uses? Yes.
There are no physical characteristics of the site that make it especially suitable for any
particular purpose.
10. Does the new zoning give reasonable considerations to the character of the district? Yes.
These proposed zoning modification would allow the Community Food Co-op to consider
projects that would maintain and enhance neighborhood vitality by assuring the viability of
an important community business.
11. Was the new zoning adopted with a view to conserving the value of buildings? Yes.
The proposed zoning modification would allow the owner to consider projects that would
increase the value of the adjacent businesses by creating better access and flow in, around
and through the property.
12. Will the new zoning encourage the most appropriate use of land throughout such county or
municipal area? Yes.
This proposal recognizes that zoning modifications on City maps (usually represented by a
single line) are more successful when transitional characteristics are considered and
implemented.
139
140
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Community Food Co-op – Zoning Map Amendment
Adjoinders List June 18, 2013
1006 WEST MAIN LLC, 1006 W MAIN ST, BOZEMAN MT 59715
ONEIL, PHILIP E TRUST 1/2INT, ONEIL, DONNA M TRUST 1/2INT, RAINGAB PARTNERSHIP LLP,
920 W MAIN ST, BOZEMAN MT 59715
COMMUNITY FOOD CO-OP INC
NORSTRAND, H PETER, 902 ½ W BABCOCK, BOZEMAN MT 59715-4325
RUSCH, JAMES R & PATRICIA JOANN, 910 W BABCOCK ST, BOZEMAN MT 59715
DICKEY, EDWARD D II & MCGEEIN, DONNA M, 1860 SW ALLEN ST, CORVALLIS OR 97333-1739
MINTEER, ROBERT L & RACHEL M, 916 W BABCOCK ST, BOZEMAN MT 59715-4325
BARKHUFF, LORETTA F, LINDEMULDER, MARILYN BENF, 924 W BABCOCK, BOZEMAN MT
59715-4325
SHINER, THOMAS S & LINDA, 21 DUPONT CIR NW STE 100, WASHINGTON DC 20036-1510
LONG, DARREN T, 107 S 10TH AVE, BOZEMAN MT 59715-4318
HARDIN, ELIZABETH M, 1010 W BABCOCK ST, BOZEMAN MT 59715-4327
FRANK, HELEN F, 508 S 15TH AVE, BOZEMAN MT 59715-4140
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