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HomeMy WebLinkAboutFood Coop.pdf 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 118 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. 119 Community Food Co-op ZMA Staff Report #Z-13139 Page 2 of 11 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. 120 Community Food Co-op ZMA Staff Report #Z-13139 Page 3 of 11 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. 121 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 122 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 123 Community Food Co-op ZMA Staff Report #Z-13139 Page 6 of 11 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. 124 Community Food Co-op ZMA Staff Report #Z-13139 Page 7 of 11 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 125 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. 126 Community Food Co-op ZMA Staff Report #Z-13139 Page 9 of 11 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 127 Community Food Co-op ZMA Staff Report #Z-13139 Page 10 of 11 Exhibit A: Zone Map Amendment Vicinity Map 128 Community Food Co-op ZMA Staff Report #Z-13139 Page 11 of 11 Exhibit B: Future Land Use Map 129 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 130 Community Food Coop ZMA 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 131 Page 1 of 2 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) 132 Page 2 of 2 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: 134 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: 135 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? 136 Page 4 Subdivision Provision Criteria, continued Yes No N/A 5. Will the amendment provide for adequate open spaces for travel, light, air and recreation? 6. Will the amendment provide for adequate transportation, water and drainage? 7. Will the amendment provide for the regulation of sanitary facilities? 8. Will the amendment provide for the avoidance or minimization of congestion? 9. Will the amendment provide for the avoidance of subdivision which would involve unnecessary environmental degradation and the avoidance of danger of injury to health, safety or welfare by reason of natural hazard or the lack of water, drainage, access, transportation, or other public services or would necessitate an excessive expenditure of public funds for the supply of such services? I (We), the undersigned, hereby certify that the information contained in this application is true and correct to the best of my (our) knowledge. Property Owner’s Signature(s) Date State of County of On this day of , 20 , before me, a Notary Public for the State of , personally appeared , known to me to be the person(s) whose name(s) is(are) subscribed to the above instrument and acknowledge to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for State of Residing at My Commission Expires 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. 138 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. 139 140 141 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 142