HomeMy WebLinkAboutZMA from B-2 to B-3.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson Brekke, Neighborhood Planner
Wendy Thomas, Community Development Director
SUBJECT: A Zone Map Amendment application to allow a change in zoning from B-
2 (Community Business District) to B-3 (Central Business District) to the property addressed as 407 West Main Street. – File No. Z13141
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 application Harringtons/PAB, LLC, as recommended by the Zoning Commission, with the two recommended contingencies listed on page 2 of the staff report, and
directs staff to prepare an ordinance for the map amendment.
RECOMMENDED MOTION: “Based upon the analysis and findings in the staff report,
and after consideration of public comment and the recommendation of the Zoning Commission, I move to approve the Harringtons/PAB, LLC zone map amendment request to change approximately 0.25 acres of property zoned B-2 (Community Business District)
to B-3 (Central Business District) with the two recommended contingencies listed on page 2
of the staff report and direct staff to prepare an ordinance for the map amendment.”
BACKGROUND: The property owner Harringtons, Inc., and applicant PAB, LLC, made application to the Department of Community Development for a Zone Map Amendment to
amend the City of Bozeman Zone Map for approximately .25 acres of property addressed as 407
West Main Street from B-2 (Community Business District) to B-3 (Central Business District).
The site being considered is currently occupied by a two-story commercial structure that was
constructed in the 1950s. The subject property is located within the corporate limits of the City of Bozeman. This application follows a recently approved Growth Policy Amendment (File No.
P13013) to change the future land use classification from Community Commercial Mixed Use to
Community Core upon approximately 1.63 acres of property located east of North 5th Avenue
and north of Main Street, and addressed as 323, 403, 407, 411 and 421 West Main Street, and
legally described as Lots 10-21 of Block D of Tracy’s Addition, City of Bozeman, Gallatin County, Montana.
The applicant’s narrative states that they are requesting the zone map amendment to allow the
existing building to remain and be updated and improved with a greater flexibility of commercial
uses.
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The Development Review Committee (DRC) considered the Zone Map Amendment application
on July 17, 2013 and recommended approval to the City Commission with two standard
contingencies.
The Zoning Commission held a public hearing on the proposed Zone Map Amendment at their August 6, 2013 meeting to formally receive and review the application and all written and oral testimony on the proposal. The Zoning Commission voted 3-0 to recommend approval of the
requested zoning designations. The summary of the Zoning Commission hearing can be found in
the attached minutes from their meeting, as well as the attached Zoning Commission Resolution
No. 13141.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: 1) Approve the zone map amendment as recommended above by
the DRC and Zoning Commission.
2) Deny the zone amendment request and consider a zoning
designation different than what has been requested by the applicant and continue the item for a minimum of one week to allow the applicant to consider their options and whether to protest the
possible action (as required under 38.37.030.D.2, BMC).
FISCAL EFFECTS: None identified.
Attachments: Staff Report, Applicant’s submittal materials, Zoning Commission Resolution No. 13141, August 6, 2013 Zoning Commission Meeting Minutes.
Report compiled on: August 14, 2013
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Response to Zone Map Amendment Criteria
Zone Map Amendment Application for 407 W. Main Street
1. Is the new zoning designed in accordance with the comprehensive plan?
Yes. The proposed zoning of B-3 is in compliance with the “Community Core”
designation of the Bozeman Community Plan.
2. Is the zoning designed to lessen congestion in the streets?
Neutral. The property proposed for rezoning has been used for a variety of commercial
uses over the years. It is expected that there will be mixed commercial uses in the future
as well. The property is served by existing arterial and collector streets. There is
adjoining private parking, as well as public parking on the adjacent streets. Any specific
impacts on traffic and parking, related to future uses, will be mitigated conditions imposed
by the City Engineering Department.
3. Will the new zoning promote health and general welfare?
Yes. The new zoning will allow the existing building to continue to be updated to current
standards for health and general welfare.
4. Will the new zoning secure safety from fire, panic and other dangers?
Yes. As noted above, the new zoning will allow the existing building to continue to be
updated to current standards. New structures, or modifications to existing structures will
need to meet provisions of the applicable building codes.
5. Will the new zoning provide adequate light and air?
Yes. All zoning districts within the City include standards relating to provision of
adequate light and air, such as height restrictions, setbacks, minimum landscaping, etc.
6. Will the new zoning prevent the overcrowding of land?
Yes. The proposed B-3 district includes provisions to prevent the overcrowding of land.
If any residential uses are proposed, corresponding parkland and open space (or
parkland/open space equivalent) provisions are required to be met.
7. Will the new zoning avoid the undue concentration of population?
Yes. The B-3 district is designed primarily for commercial uses rather than residential
uses. Bozeman’s zoning districts are written to avoid undue concentration of population.
In addition, occupancy limits in the regulations restrict 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?
Yes. The existing infrastructure should continue to serve the property. The site plan
review process of any further development will ensure that additional infrastructure is
constructed, if needed.
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Response to Zone Map Amendment Criteria (cont.)
Zone Map Amendment Application for 407 W. Main Street
9. Does the new zoning give consideration to the peculiar suitability of the property for
particular uses?
Yes. The proposed zone designation of B-3 is better suited to the historic and future uses
of the property. In addition, the existing building setbacks more closely reflect the
setbacks of the B-3 zone.
10. Does the new zoning give reasonable consideration to the character of the district?
Yes. The dimensional standards of the B-3 zone designation are more appropriate to the
character of the district. As noted above, the existing building more closely fits the
setbacks defined in the B-3 zone.
11. Was the new zoning adopted with a view to conserving the value of buildings?
Yes. The proposed B-3 zone designation will allow the existing building to remain and be
updated and improved.
12. Will the new zoning encourage the most appropriate use of land throughout such county
and municipal area?
Yes. The Downtown Improvement Plan, that includes the subject property, indicates that
a B-3 zone is the preferred zone for this area. The Tax Increment Finance District extends
from Downtown, west to North Fifth Avenue. Changing the zoning to B-3 will provide
consistency between the zoning of the property, the Growth Policy Map (Community
Core designation), the Downtown Improvement Plan, and the Tax Increment Finance
District.
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Harringtons/PAB, LLC ZMA Staff Report No. Z13141 Page 1 of 8
HARRINGTONS/PAB, LLC ZONE MAP AMENDMENT
CITY COMMISSION AND ZONING COMMISSION STAFF REPORT
FILE NO. Z13141
Item: Zoning Application No. Z13141 – An application to rezone approximately .25 acres of property addressed as 407 West Main Street from B-2
(Community Business District) to B-3 (Central Business District).
Owner: Harringtons, Inc., 3125 W. Babcock St., Bozeman, MT 59718
Applicant:
Representative:
PAB, LLC, PO Box 5262, Bozeman, MT 59717
Rocky Mountain Engineers, PLLC, 1700 W. Koch St., Ste. 7, Bozeman, MT
REVISED 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 Allyson Brekke, Neighborhood Planner
Recommendation: Approval of B-3 with standard contingencies
Recommended Zoning
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 zoning application no. Z13141 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 east of the North 5th
Avenue and West Main Street intersection. The site is commonly referred to as 407 West Main Street and is
legally described as Lots 14 & 15, Block D, Tracy’s
Addition to the City of Bozeman, Gallatin County,
Montana, plus ½ of public right-of-way of adjacent
streets and alleys. Please see the vicinity map.
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Harringtons/PAB, LLC ZMA Staff Report No. Z13141 Page 2 of 8
RECOMMENDED CONTINGENCIES
Based upon review and consideration by the Development Review Committee and Department of Community Development, 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 Department of Community Development recommends
approval of the requested Zone Map Amendment with the following standard contingencies:
1. That the applicant submit a zone amendment map, titled “Harringtons/PAB 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 zoning districts, and total acreage of the property.
2. 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 Harringtons, Inc., and applicant PAB, LLC, made application to the Department of
Community Development for a Zone Map Amendment to amend the City of Bozeman Zone Map for
approximately .25 acres of property addressed as 407 West Main Street from B-2 (Community
Business District) to B-3 (Central Business District). The site being considered is currently occupied
by a two-story commercial structure that was constructed in the 1950s. The subject property is located within the corporate limits of the City of Bozeman. This application follows a recently approved
Growth Policy Amendment (File No. P13013) to change the future land use classification from
Community Commercial Mixed Use to Community Core upon approximately 1.63 acres of property
located east of North 5th Avenue and north of Main Street, and addressed as 323, 403, 407, 411 and
421 West Main Street, and legally described as Lots 10-21 of Block D of Tracy’s Addition, City of Bozeman, Gallatin County, Montana.
The applicant’s narrative states that they are requesting the zone map amendment to allow the existing
building to remain and be updated and improved with a greater flexibility of commercial uses.
The Development Review Committee (DRC) considered the Zone Map Amendment application on
July 17, 2013 and recommended approval to the City Commission with two standard contingencies.
LAND CLASSIFICATION AND ZONING
The subject property is located in the Neighborhood Conservation Overlay District and is currently
zoned B-2 (Community Business District) development. The intent of the B-2 district is:
“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.”
Harringtons, Inc. presently owns and occupies approximately 100% of the property that is included
within the requested zone map amendment, with exception to the portions of public right-of-way. The
subject property is immediately bordered on the west by a restaurant parking lot and building (Bamboo
Garden), which is also zoned as B-2. The site is bordered on the east by a residential structure that has been occupied by both residential and commercial uses. Further to the east are the Gallatin Historical
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Harringtons/PAB, LLC ZMA Staff Report No. Z13141 Page 3 of 8
Society/Pioneer Museum and the Gallatin County Courthouse. Immediately to the east begins the B-3
(Central Business District) zoning district. The intent of the B-3 district is to:
“provide a central area for the community's business, government service and cultural activities. Uses within this district should be appropriate to such a focal center with
inappropriate uses being excluded. Room should be provided in appropriate areas for
logical and planned expansion of the present district.”
Across Main Street, a primary arterial street, are additional Public Lands and Institutions type of properties, including the Willson School property. Commercial and residential uses are to the immediate north. Overall, the property is located along a commercial corridor that is being
redeveloped into uses that encourage more pedestrian street traffic rather than automobile traffic.
Figure 1: Current Zoning Map
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 Department of Community Development 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 Zoning and City Commissions. 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
B-2
B-3
R-4
Subject
Property
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Harringtons/PAB, LLC ZMA Staff Report No. Z13141 Page 4 of 8
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 changed the
future land use classification from Community Commercial Mixed Use to Community Core upon approximately 1.63 acres of property located east of North 5th Avenue and north of Main Street, and addressed as 323, 403, 407, 411 and 421 West Main Street, and legally described as Lots 10-21
of Block D of Tracy’s Addition, City of Bozeman, Gallatin County, Montana.
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
Land Use Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing
development which surrounds it. Respect for context does not automatically prohibit difference
in scale or design.
Goal LU-3: Strengthen the Historic Core of Bozeman to preserve the community character, economic resource, and historical connection represented by this area.
4.3 Community Quality Goals and Objectives
Community Quality Objective C-1.3: Support compatible infill within the existing area of the
City rather than developing land requiring expansion of the City’s area.
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.
The Downtown Improvement Plan, a neighborhood plan which was adopted after the Bozeman
Community Plan, designated a “Downtown Plan Area Boundary” which extends as far west as 5th Avenue and includes the entire subject property. Commercial uses recommended within this Downtown plan area are more parallel to uses permitted in the Commercial Core land use
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Harringtons/PAB, LLC ZMA Staff Report No. Z13141 Page 5 of 8
designation and the B-3 zoning district. This zone map amendment will allow the subject property
to better respond to the needs of the community as expressed in the Downtown Improvement Plan.
The site is located along a principal arterial that has an established pedestrian network. Access to the site is provided for both vehicular and pedestrian traffic. All necessary City infrastructures
(streets, sewer, water, etc.) are currently available to the property. The city’s policies support
development within the utilities service area, preferably taking advantage of existing service mains
to reduce the amount of extensions needed to provide service. The neighboring north-south streets will 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 the proposed B-3 zoning 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 is in accordance with the Growth Policy.
Legend
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
VacantFigure 2: Current Land Use Map
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Harringtons/PAB, LLC ZMA Staff Report No. Z13141 Page 6 of 8
B. The effect on motorized and non-motorized transportation systems.
Yes. The site is located along West Main Street, a principle arterial, and is connected with both the vehicular and non-vehicular street network of the central business area. 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 than any negative effects are mitigated.
C. Secure safety from fire, panic, and other dangers.
Yes. The new zoning will allow the existing building to be rehabilitated and updated to better meet
current building standards. Modifications to the existing structure will need to meet the provisions
of the current applicable building codes. 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 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.
D. Promote public health, public safety, and general welfare.
Yes. The new zoning will allow the existing building to continue to be updated to current standards
for health and general welfare. Additionally, 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 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 site plan review when
commercial densities and demand can be more closely calculated. Water and sewer infrastructure are adjacent and available to the site.
E. Reasonable provision of adequate light and air.
Yes. The regulatory standards set forth in the City of Bozeman UDC for the requested B-3 zoning
district provides the necessary provisions found necessary for the central business district (i.e.,
building height limits, building setbacks, etc), provide for adequate light and air for any proposed development on the subject property.
F. Prevention of overcrowding of land.
Yes. The maximum provisions established in the B-3 district will maintain the desired percent of
buildable area and commercial density on the subject property.
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
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Harringtons/PAB, LLC ZMA Staff Report No. Z13141 Page 7 of 8
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 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-3 district has been considered and adopted with a set of standards for permitted commercial uses, parking requirements, building height, 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. The existing infrastructure should continue to serve the property. Further assessment of the impacts to infrastructure, public services, and other community requirements will be evaluated
during 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.
I. Conserving the value of buildings.
Yes. The proposed B-3 zoning designation will allow the existing building to remain, rather than
demolished to make room for additional surface parking, and be updated and improved per the
applicable standards.
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 dimensional
standards of the B-3 zoning district are more appropriate to the existing character of the site. The
existing building more closely fits the minimum yard setbacks defined in the B-3 district, rather
than those defined in B-2. After considering the various components of zoning character and the diversity of uses in the area it appears that B-3 and the associated uses are more in keeping with the existing and future character of adjacent properties.
K. Peculiar suitability for particular uses.
Yes. The proposed zone designation of B-3 is better suited to the historic and future uses of the
property. In addition, the existing building setbacks more closely reflect those setbacks of the B-3 zoning district.
L. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The B-3 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, as well as the established vehicular and pedestrian street network.
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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
The project was adequately noticed the week of July 15, 2013. No written comment has been received
by the Department of Community Development as of the production of this staff report on July 30,
2013. Any comment received prior to the Zoning and City Commission hearings will be forwarded
appropriately.
SUMMARY & CONCLUSION
The Community Development Department reviewed the proposed Zone Map Amendment application
and has provided summary review comments as outlined above in the staff report; and as a result,
recommend approval of the application with contingencies.
The Zoning Commission held a public hearing on the proposed Zone Map Amendment at their August 6, 2013 meeting to formally receive and review the application and all written and oral testimony on
the proposal. The Zoning Commission voted 3-0 to recommend approval of the requested zoning
designations. The summary of the Zoning Commission hearing can be found in the attached minutes
from their meeting, as well as the attached Zoning Commission Resolution No. 13141.
The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City Commission for consideration at its public hearing scheduled for Monday, August 12, 2013. 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. Harringtons, Inc., 3125 W. Babcock St., Bozeman, MT 59718
PAB, LLC, PO Box 5262, Bozeman, MT 59717
Rocky Mountain Engineers, PLLC, 1700 W. Koch St., Ste. 7, Bozeman, MT
Attachments: Applicant’s submittal materials
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Harringtons/PAB, LLC Zone Map Amendment
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RESOLUTION No. Z13141
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION RECOMMENDING
APPROVAL OF AN APPLICATION TO AMEND THE CITY OF BOZEMAN ZONING MAP
TO REZONE APPROXIMATELY 0.25 ACRES OF PROPERTY ADDRESSED AS 407 WEST
MAIN STREET FROM B-2 (COMMUNITY BUSINESS DISTRICT) TO B-3 (CENTRAL BUSINESS DISTRICT), AND PROPERTY IS LEGALLY DESCRIBED AS LOTS 14 & 15,
BLOCK D, TRACY’S ADDITION TO THE CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA, PLUS ½ OF PUBLIC RIGHT-OF-WAY OF ADJACENT STREETS AND
ALLEYS.
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, Harringtons, Inc. is the property owner and PAB, LLC is the applicant,
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 approximately 0.25 acres of B-
2 (Community Business District) to B-3 (Central Business District); 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 made findings to find 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 No. Z13141 to amend the Bozeman zoning map to rezone
approximately 0.25 acres of land from B-2 (Community Business District) to B-3 (Central
Business District) on property addressed as 407 West Main Street and legally described as Lots
14 & 15, Block D, Tracy’s Addition to the City of Bozeman, Gallatin County, Montana, plus ½
of public right-of-way of adjacent streets and alleys, subject to the following two contingencies: 1. That the applicant submit a zone amendment map, titled “Harringtons/PAB 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 zoning
districts, and total acreage of the property.
2. 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 , 2013, Resolution No. Z13141
_____________________________ ____________________________
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
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