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HomeMy WebLinkAboutPublic Hearing Zone Map Amendment Z13229, Lot 1, Block 4 Laurel Glen Subdivision, optimized Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development SUBJECT: Public Hearing for Zone Map Amendment application Lot 1 Block 4 Laurel Glen Subdivision, 964 Longbow Lane, to change the zoning map, from B-1 Neighborhood Commercial to R-2 Residential Two-Household Medium Density District on approximately 6.1519 acres. File number Z13229. MEETING DATE: December 16, 2013 AGENDA ITEM TYPE: Action RECOMMENDATION: Approval with contingencies RECOMMENDED MOTION: Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z-13229 and move to approve the Zone Map Amendment with the contingencies required to complete the application processing. BACKGROUND: Staff report references: Amendment criteria, page 4; public comment page 8. Location: 964 Longbow Lane. The property is the entire block which is bounded by Laurel Glen Parkway, Glenellen Drive, Longbow Lane, and Annie Street. The area of the amendment is 6.1519 acres which goes outwards to the centerline of the adjacent streets. History: The property is one of two lots in the Laurel Glen subdivision currently planned as Community Commercial Mixed Use, and zoned B-1. The property was originally platted in January 2004. There was no planned unit development or other overall guiding document for the development. A mix of zoning districts was approved and applied to the plat. There are two phases of the Laurel Glen property which were originally contemplated but which have not yet been approved or platted. These undeveloped areas are located east of the Laurel Glen Parkway and the subject property. Most of the residentially zoned property in Laurel Glen subdivision which has been platted has had homes constructed. A few lots do remain vacant. The property is generally level with a slight slope to the north and west. No buildings are presently on the site. The site is served with municipal services and has standard street and curbing on all sides. A growth policy amendment was submitted in July 2013. No zone map amendment accompanied that application. There was substantial public opposition to the growth policy amendment at the public hearing held by the Planning Board. The Planning Board recommended against the 385 change. The applicant subsequently requested the growth policy amendment be put on hiatus. The present zone map amendment was submitted on October 2, 2013. The City Commission public hearings will be coordinated for both the growth policy amendment and the zone map amendment. If the growth policy amendment is not approved then the zone map amendment may not be approved. UNRESOLVED ISSUES: 1) Is the associated growth policy amendment consistent with the Bozeman Community Plan and has it been approved? ALTERNATIVES: The City Commission has the following alternative actions available: 1. Approved the application as requested; or 2. Deny the application. FISCAL EFFECTS: None identified at this time. Report compiled on: December 5, 2013 Attachments: Staff report, Zoning Commission minutes, Application materials 386 Page 1 of 9 Z-13329, Staff Report for the Laurel Glen Lot 1 Block 4 Zone Map Amendment Date: City Commission meeting is on December 16, 2013 Project Description: Zone map amendment for 6.1519 acre from B-1 (Neighborhood Business) to R-2 (Residential Two-Household Medium Density Residential). Project Location: 964 Longbow Lane. The property is legally described as Lot 1, Block 4, Laurel Glen Subdivision phase 1. Recommendation: Conditional approval with contingencies Recommended Motion: Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z-13329 and move to approve of the Laurel Glen Lot 1, Block 4 Zone Map Amendment with staff recommended contingencies. Report Date: Wednesday, December 11, 2013 TABLE OF CONTENTS SECTION 1 - MAP SERIES .............................................................................................. 2 SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL .......................... 3 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS .................................. 4 SECTION 4 - STAFF ANALYSIS..................................................................................... 4 Section 76-2-304, MCA (Zoning) Criteria ................................................................... 4 APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ......... 7 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.......... 7 APPENDIX C – NOTICING AND PUBLIC COMMENT ............................................... 8 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF........................ 8 387 Z-13329, Staff Report for the Laurel Glen Lot 1, Block 4 Zone Map Amendment Page 2 of 9 SECTION 1 - MAP SERIES Vicinity Map showing adjacent growth policy designations Vicinity Map showing adjacent zoning Surrounding Zoning and Land Uses North: Mixed configuration attached homes: zoned R3, Residential Medium Density District South: Vacant, B-1 Neighborhood Business District and Detached single homes, R1, Residential Single-household low density district 388 Z-13329, Staff Report for the Laurel Glen Lot 1, Block 4 Zone Map Amendment Page 3 of 9 East: Park, PLI, Public Lands and Institutions West: Detached single homes, R1, Residential Single-household low density district Zoning vicinity map with aerial photo SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. That the Ordinance for the Zone Map Amendment shall not be approved unless the associated growth policy amendment is formally approved by the City Commission. If the resolution amending the growth policy is not approved, the Zone Map Amendment application shall be null and void. 2. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Laurel Glen Lot 1, Block 4, Zone Map Amendment”. 389 Z-13329, Staff Report for the Laurel Glen Lot 1, Block 4 Zone Map Amendment Page 4 of 9 3. That the applicant submit a zone amendment map, titled “Laurel Glen Lot 1, Block 4, 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 and zoning districts, adjacent right of way, and total acreage of the property. 4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the zone map. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Laurel Glen Lot 1, Block 4, Zone Map Amendment File: Z-13329 Having considered the criteria established for a Zone Map Amendment, the Staff recommends approval with contingencies needed to complete the application process only in the event that the City Commission approves the associated growth policy amendment. The Development Review Committee (DRC) held a meeting on November 6, 2013 to consider the zone map amendment. They found no impediments to the R-2 zoning district but made no recommendations. The Zoning Commission held a public hearing on Tuesday, December 3, 2013 to consider the zone map amendment. The Zoning Commission recommended approval of the application. The City Commission will hold a public hearing on Monday, December 16, 2013 to consider both the zone map amendment and the associated growth policy amendment. SECTION 4 - STAFF ANALYSIS In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Conditional Yes. Current growth policy is Community Commercial Mixed Use. An amendment to change Figure 3-1 of the growth policy for the subject property to Residential has been submitted and is under review. If the City Commission approves the change then 390 Z-13329, Staff Report for the Laurel Glen Lot 1, Block 4 Zone Map Amendment Page 5 of 9 the zoning will be consistent with the growth policy. If not, then it is not consistent with the growth policy. B. The effect on motorized and non-motorized transportation systems. Neutral. The transportation system currently in place is adequate to carry anticipated traffic from both the existing and proposed zoning. C. Secure safety from fire, panic, and other dangers. Neutral. The proposed amendment alters the zone map not any development standards. The change to the map is not expected to affect these criteria. D. Promote public health, public safety, and general welfare. Neutral. The amendment allows residential development within the City and on municipal services. The City’s services can be provided at the site with either the proposed or existing zoning. E. Reasonable provision of adequate light and air. Neutral. The amendments do not amend setbacks, park requirements or other standards affecting this issue. The R-2 district has been found to satisfactorily meet this criterion. F. Prevention of overcrowding of land. Yes. These R-2 district applies acceptable density standards. Development within the City will be subject to a variety of standards for park dedication, building heights, provision of municipal infrastructure and other items to ensure that there is not more density of population or use than can be safely accommodated. G. Avoiding undue concentration of population. Yes. The proposed amendments will apply City development standards to the property. Undue concentration occurs when the demand for services overwhelms the ability to deliver them. The City’s development review process will ensure that adequate municipal facilities are installed to meet the needs of future population on the subject property. Therefore, no undue concentration will occur. H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Yes. See items B, D and F. I. Conserving the value of buildings. Yes. The proposed amendments do not affect any existing residential buildings on the site. Adjacent property is of similar zoning as that requested. The future development of the site will be of a character that will conserve and not damage the value of adjacent property. 391 Z-13329, Staff Report for the Laurel Glen Lot 1, Block 4 Zone Map Amendment Page 6 of 9 Review is likely to occur through a site plan review process as the property is of a size that is larger than probable to develop as just a two home structure. J. Character of the district. Neutral. The property is presently vacant. The adjacent areas are designated for urban density residential uses. The adjacent properties to the North, West, and South are presently developed as residential with single detached homes, duplexes, and four-plexes. To the East is zoned as Public Lands and Institution. It is expected that it will develop as park in connection with subdivision of adjacent property. While local change will occur the larger scale character will be similar. K. Peculiar suitability for particular uses. Neutral. The property is proposed to be rezoned to R-2. Residential development is appropriate for the location. There are several other residential districts which could also be appropriate. There are no physical features or other attributes which make the site of peculiar suitability for a particular use. L. Encourage the most appropriate use of land throughout the jurisdictional area. Neutral. The affected area is quite small compared to the overall jurisdictional area. The change is unlikely to materially affect the overall distribution of uses. M. Promotion of Compatible Urban Growth. Yes. The proposed amendment applies a district determined to be acceptable for urban characteristics. The site is located within the urban service areas for all municipal services. The location is within the existing municipal boundaries and development. The change is zoning will not expand the City boundaries. The development of the area as residential will be subject to municipal standards for urban development. 392 Z-13329, Staff Report for the Laurel Glen Lot 1, Block 4 Zone Map Amendment Page 7 of 9 APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS Zoning Designation and Land Uses: The intent of the R-2 residential two-household medium density district is to provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. Adopted Growth Policy Designation: If the City Commission approves the growth policy amendment, P-13024, the property is designated as “Residential” in the Bozeman Community Plan. The Plan indicates that “This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND The property is one of two lots in the Laurel Glen subdivision currently planned as Community Commercial Mixed Use, and zoned B-1. The property was originally platted in January 2004. There was no planned unit development or other overall guiding document for the development. A mix of zoning districts was approved and applied to the plat. There are two phases of the Laurel Glen property which were originally contemplated but which have 393 Z-13329, Staff Report for the Laurel Glen Lot 1, Block 4 Zone Map Amendment Page 8 of 9 not yet been approved or platted. These undeveloped areas are located east of the Laurel Glen Parkway and the subject property. Most of the residentially zoned property in Laurel Glen subdivision which has been platted has had homes constructed. A few lots do remain vacant. The property is generally level with a slight slope to the north and west. No buildings are presently on the site. The site is served with municipal services and has standard street and curbing on all sides. A growth policy amendment was submitted in July 2013. No zone map amendment accompanied that application. There was substantial public opposition to the growth policy amendment at the public hearing held by the Planning Board. The Planning Board recommended against the change. The applicant subsequently requested the growth policy amendment be put on hiatus. The present zone map amendment was submitted on October 2, 2013. The City Commission public hearings will be coordinated for both the growth policy amendment and the zone map amendment. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was published in the legal section of the Bozeman Daily Chronicle on November 10 and 24th, 2013. The site was posted in locations on November 8, 2013. Notice was mailed to all property owners within 200 feet of the outer boundary of the site on November 8, 2013. Notice was provided at least 15 and not more than 45 days prior to the City Commission public hearing on December 16, 2013. The public was given notice of both the zone map amendment and the renewed public hearing for the growth policy amendment. No public comments were received prior to the Zoning Commission hearing. Two persons commented at the public hearing. Both expressed concerns for compatibility with the neighborhood and the ability to remain engaged in the development process. The minutes of the Zoning Commission are attached. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Manhattan Bank, 2610 W. Main Street, Bozeman MT 59718 Applicant: Great Western Investments, 4721 Glenwood Drive, Unit D, Bozeman MT 59718 Representative: Caddis Engineering and Land Surveying, PO Box 11805, Bozeman, MT 59718 Report By: Chris Saunders, Policy and Planning Manager 394 Z-13329, Staff Report for the Laurel Glen Lot 1, Block 4 Zone Map Amendment Page 9 of 9 395 Page 1 of 7 Zoning Commission Minutes – December 3, 2013 ZONING COMMISSION MINUTES TUESDAY, DECEMBER 3, 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 Trever McSpadden George Thompson Julien Morice City Commission Liaison: Taylor Taylor Members Absent: Guests Present: Brandon Edwards Matt Cotterman Mackenzie Sacry Staff Present: Brian Krueger, Development Review Manager Tom Rogers, City of Bozeman Associate Planner ITEM 2. PUBLIC COMMENT None forthcoming ITEM 3. MINUTES OF NOVEMBER 19, 2013 Approved unanimously ITEM 4. PROJECT REVIEW 1. U.D.C. ARTICLE 38.28 Signs ZCA #Z-13246-Zone Code Amendment application as requested by owner, applicant and representative, City of Bozeman, PO BOX 1230, Bozeman MT, 59771, to amend the Bozeman Municipal Code to reorganize Section 38.28.060, to amend 38.28.060.A how commercial sign area is calculated, and to amend Section 38.28.200 to modify the standards applicable to non-conforming signs and when non-conforming signs must be brought into compliance. Additional sections may be amended if it is determined to be needed to address these same issues during the course of review. City of Bozeman, Gallatin County, Montana. (Saunders) Development Review Manager Krueger presents the staff report on behalf of Policy and Planning Manager Saunders. Mr. Krueger: This is a city initiated application as directed by the City Commission. The staff report 396 Page 2 of 7 Zoning Commission Minutes – December 3, 2013 and text of this zone code amendment is on website and this action is a legislative decision. The proposed revisions are to provide clarity and consolidate multiple paragraphs of text into a single table of sign standards and change how buildings with multiple street frontages are allocated sign area. This will allow an easy way for someone to figure their sign square footage for a building for a particular zoning district. We also added very clear language that allows which sign allotment to use. There is a provision that clarifies and adds allowance a multitenant building to allow each tenant to have their own projecting sign. Section 060 of Article 28 offers clarification of topic and organization and application of sign permitting processes to residential/commercial zones. Provisions of section 200 clarify the intent of the provisions of nonconforming signs. More clarification has been included due to some confusion in the past as to when during a project review; signage on a particular project has to come into conformance with the regulation. Mr. Krueger reviewed the text amendment process. Back to change in copy language the North 7th Urban Renewal Board did request recommended clarification of what change in copy actually means. Planner Saunders looked at definitions and staff does not believe this necessary as the dictionary definition is adequately clear. Mr. Krueger showed an example (Western Heritage Inn) of a change in copy. Staff reviewed criteria for zone code amendment and staff addresses all 13 criteria, and is recommending general approval of the text as submitted. This is a legislative action it does not apply to any specific property and it’s under the City’s authority to develop standards for community. No public comments have been received, and tonight is the first of two public hearings. Chairperson Garberg: are there any questions of staff? Mr. Morice: when does a sign change trigger a building permit? Development Review Manager Krueger: Typically a building permit is required for nearly all signs. We recently changed the intake process for our sign permit application which now originates in our building division because in most cases there is sign fastening, electrical connection being made, the rare condition when you would not attain a building permits is when there sliding a simple panel in an existing sign and not modifying and there is no structural change. Almost always a building permit is issued. Mr. Thompson: The Ellen theater sign is dilapidated and nonconforming and makes me a little uncomfortable. Development Review Manager Krueger: There is nothing in our sign ordinance that prevents individuals from maintaining their nonconforming signs or keeping them in well maintained condition. Mr. Thompson: Signs make our city somewhat unique. My concerned would be the unforeseen consequences of the signage proposal as it reads. The fact that there is no public comment, I’m wondering if letters were sent out to all property owners with nonconforming signs to address the review of what’s being proposed and discuss this at a public hearing. 397 Page 3 of 7 Zoning Commission Minutes – December 3, 2013 Development Review Manager Krueger: There is nothing in the proposal that make it more restrictive for existing nonconforming signs, and the Community Development department does not send out letters advising individuals their signs are nonconforming. We don’t have the resources for that. Mr. McSpadden: I just want to go to the North 7th Urban Renewal Board, just glancing through their thoughts, the planning department is ok with most of those changes, in terms of the right of way acquisition not triggering sign code evaluation. The only thing was the change of copy, the only reason I look at that is if we incorporate their suggestions into the recommendation I want to make sure I’m clear and gave example of Cat’s Paw . Development Review Manager Krueger: Agrees with example Mr. McSpadden gave. Mr. Taylor: My recollection is that in addition to the proposal on signs if we want to redo and make sign bigger that was ok, did I understand that correctly? Are you not recommending that part? Development Review Manager Krueger: In the letter they submitted for this specific action, that wasn’t part of their request, they are requesting that change in copy be clarified to mean something different than the common meaning, and that is not something that staff incorporated into the sign recommendation. Many examples of times when nonconforming sign becomes a conforming sign is during a change in copy when a change in business from one individual business to another, and is a common time for a conforming sign come into conformance. Mr. Taylor: so the example of Cat’s Paw if I decided to purchase the Cat’s Paw and rename it to Taylor’s, under the proposal and your recommendation I would not be able to do that? Development Review Manager Krueger: that’s correct, under the proposal, our recommendation and the current code we don’t. There is a list of about 90 signs that are non conforming. Mr. Taylor: Did you talk about the original sign code? Development Review Manager Krueger: I did not go into the background. There is a background section in the staff report that talks about how City of Bozeman regulations have changed over time to address the various standards. Mr. Taylor: The problem with making it too easy to keep the sign is that those who have been persistent end up getting rewarded and so the balance is at what point does everyone have the same competitive advantage rather than different competitive advantages because of persistence and or attempts to modify something that the Commission thought was a good idea and most of the business complied with. Mr. McSpadden: I have one more question, using the Cat’s Paw example if I just want to clean up the existing sign am I ok within the new revision? Can I keep my nonconforming sign? Development Review Manager Krueger: The non conforming language states that the trigger would be structural alteration. It’s between maintenance, and structural altered of sign. 398 Page 4 of 7 Zoning Commission Minutes – December 3, 2013 Maintenance does not necessitate compliance. One of the reasons we have the provision, is the intent is over time to amortize the nonconforming signs out to level playing field. It is not an incentive program, but to allow an existing nonconformance sign to remain. Mr. Thompson: So if just a replacement of State Liquor Store to Dairy Bar that would be altering the copy and he could not be able to keep his sign. Development Review Manager Krueger: That’s correct. There is a provision in nonconforming chapter section that allows bringing a nonconformance into closer compliance. You couldn’t replace liquor store with milk bar but you could remove parts and still attain closer compliance and the sign could remain. Mr. McSpadden: On same note, if we are working closer to compliance, change font, or neon, end product is closer to compliant. Development Review Manager Krueger: Read from existing language regarding change. There is a fine line between structural alteration to extend its life and maintenance or changes in copy. Chairperson Garberg: Has this proposal come from internal review and what they are proposing and not from public outreach? Development Review Manager Krueger: No, there have been long discussion in the North 7th corridor about the issue and the Commission has heard from business owners over time and one of reasons you are seeing a letter from N. 7th is they believe that the City has regulations that are contrary to their mission. Chairperson Garberg: Opening up to public hearing, seeing there is no one to speak, I am going to close this portion of the hearing. Bring back here for discussion, motion, and vote. Seeing no other member comments, it was closed. Motion: Mr. McSpadden moved to hereby adopt the findings in the staff report for application #Z- 13246 and move to recommend City Commission approval of the Ordinance 1875, Mr. Thompson seconded the motion. Chairperson Garberg: Do you want to speak to your motion? Mr. McSpadden: Is there an opportunity to find some common ground? Some of the language sounds like there would be room for interpretation. Generally am in support of this. Mr. Thompson: There are some signs that I really enjoy and are unique. I think it would be helpful if it were reasonable to allow these property owners of these unique “historical” signs to keep and maintain, until the complete usage changes. Mr. Morice: Writing these laws given the different circumstances is pretty tough, and encourage maintenance and allowing them to do a little bit more with them and simplifying process is a good 399 Page 5 of 7 Zoning Commission Minutes – December 3, 2013 thing. Chairperson Garberg: My thought is twofold- where is it fair? Other issue is protection of certain signs. Are there any questions on the change of copy? Mr. McSpadden: On the motion the staff did find some common ground there, but struggling with work toward incentivizing the building and on the other side there is a little bit of opportunity for both and there is not a perfect way to create perfect code. Like idea to move closer to conformance. We said we have opportunities to bring it closer. I could be over thinking that. Mr. Taylor: the notion of people are not maintain their property because of the sign, drives me crazy. So anything to encourage making the changes is a good thing. I don’t want the sign to get in the way of those changes like fixing front sidewalk or maintenance of site. Chairperson Garberg: I will call for the question, all those in favor of the motion as stated please indicate by saying aye. Motion carries unanimously. We will continue with our second item on agenda. 2. Lot 1 Block 4 Laurel Glen Subdivision Phase 1 ZMA #Z-13229 – Zone Map Amendment Application as requested by the owner Manhattan Bank, 2610 W. Main Street, Bozeman MT 59718, and applicant is Great Western Investments, 4721 Glenwood Drive, Unit D, Bozeman, MT 59718 and representative Caddis Engineering and Land Surveying, PO Box 11805, Bozeman MT 59719 and to rezone the property from B-1, Neighborhood Business District to R-2, Residential Two-Household Medium Density District on ~6.1591 acres. The property is legally described as Lot 1, block 4, Laurel Glen Subdivision, phase 1, City of Bozeman, Gallatin County, Montana and is addressed as 964 Longbow Lane. (Saunders) Planner Rogers: This is regarding the Zone Map Amendment for the B-1 to R-2 zoning change. Mr. Rogers described the location and parcel size. There is a full analysis in the staff report. The department has not heard any public comment to date. Mr. Morice: Is there a vacant lot nearby? Just northwest or west of Flanders that was also not built. Planner Rogers: Unfortunately I can’t pull that up. Chairperson Garberg: Is there any other question for staff? At this time I would like to hear the applicant, please state your name and address for the record. Matt Cotterman: I’m with Caddis Engineering here tonight on behalf of the applicant Great Western investments. Mr. Cotterman reviewed history of this project. We request the favorable recommendation to allow for a residential zoning use. Chairperson Garberg: any questions to the applicant? Mr. Morice: You said the applicant met with some of homeowners and they are more acceptable of the R-2 than the R-4. 400 Page 6 of 7 Zoning Commission Minutes – December 3, 2013 Matt Cotterman: Yes, the applicant did. Chairperson Garberg: Any more questions to the applicant? Jeff Mortonson: I am a representative of Manhattan Bank; the bank has owned this property and have had no interest for the commercial use. We request the favorable recommendation to allow for a residential zoning use. Chairperson Garberg: Any questions to the applicant? Chairperson Garberg: Opening up to public hearing, Brandon Edwards: Lot 1 of Laurel Glen subdivision its only a 4.5 acre parcel. We wanted to thank Great Western Investments for working with us, we were provided a proposed site plans, and there would be some commercial space planned in the other phase of the subdivision. The neighborhood wants to continue to be in the loop of this project. Mackenzie Sacry: Reiterated concerns for the neighborhood. Thinks the zoning change would be something we could live with. Seeing no other public comments, it was closed. Chairperson Garberg: I am going to close this portion of the hearing. Bring back here for Board discussion motion and vote. Motion: Mr. Morice moved to hereby adopt the findings in the staff report for application #Z-13329 and move to recommend approval Laurel Glen Subdivision Lot 1, Block 4, Zone Map Amendment with staff recommended contingencies. Mr. Thompson seconded the motion. Chairperson Garberg: Mr. Morice would you want to speak to your motion? Mr. Morice: I support this Mr. McSpadden: I will support this, the growth policy is tricky. Mr. Thompson: I like adding the diversity to the neighborhood, affordable price point, incorporate the HOA to this development and the existing homeowners are ok with this. Chairperson Garberg: I will call for the question, all those in favor of the motion as stated please indicate by saying aye. Motion carries unanimously. This Zone Map Amendment will be before the commission on December 16, 2013. ITEM 5. NEW BUSINESS Nothing from staff ITEM 6. ADJOURNMENT 401 Page 7 of 7 Zoning Commission Minutes – December 3, 2013 The Zoning Commission meeting was adjourned at 7:47p.m. Erik Garberg, Chairperson City of Bozeman Zoning Commission Tom Rogers, Associate Planner, AICP City of Bozeman DCD 402 403 404 405 406 Lot 1, Block 4, Laurel Glen Sudivision, Phase 1, according to the plat therof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the South Half of Section 4, Township 2 South, Range 5 East of Principal Meridian Montana, and further described as follows: Beginning at the southwest corner of said Lot 1; thence due NORTH, assumed bearing, on the west line of said Lot 1, a distance of 426.04 feet; thence on the following courses along the boundary of said Lot 1: South 79°14'29" East 198.48 feet; easterly 91.88 feet on a tangential curve concave to the north, radius 330.00 feet and central angle 015°57'09"; North 84°48'22" East 96.76 feet; southeasterly 27.88 feet on a tangential curve concave to the southwest, radius 25.00 feet and central angle 063°53'46"; southeasterly 52.08 feet on a reverse curve concave to the northeast, radius 100.00 feet and central angle 029°50'25"; southerly 24.41 feet on a reverse curve concave to the southwest, radius 25.00 feet and central angle 055°56'39"; South 05°11'38" East 287.75 feet; southwesterly 24.41 feet on a tangential curve concave to the northwest, radius 25.00 feet and central angle 055°56'39"; southwesterly 45.74 feet on a reverse curve concave to the southeast, radius 100.00 feet and central angle 26°12'31"; southwesterly 26.30 feet on a reverse curve concave to the northwest, radius 25.00 feet and central angle 060°15'51"; South 84°48'22" West 78.44 feet; westerly 112.60 feet on a tangential curve concave to the north, radius 463.00 feet and central angle 013°56'01"; North 81°15'37" West 237.63 feet to the point of beginning. Area = 195,705 square feet or 4.4928 acres. Subject to existing easements. LEGAL DESCRIPTION (LOT 1, BLOCK 4) That part of the South Half of Section 4, Township 2 South, Range 5 East of Principal Meridian Montana, and further described as follows: Commencing at the southwest corner of Lot 1, Block 4, Laurel Glen Subdivision, Phase 1; thence South 42°25'38" West 44.47 feet, assumed bearing, to the point of beginning; thence due NORTH 495.10 feet; thence South 79°14'29" East 234.72 feet; thence easterly 83.53 feet on a tangential curve concave to the north, radius 300.00 feet and central angle 015°57'09"; thence North 84°48'22" East 209.01 feet; thence South 05°11'38" East 494.88 feet; thence South 84°48'22" West 186.98 feet; thence westerly 121.59 feet on a tangential curve concave to the north, radius 500.00 feet and central angle 013°56'01"; thence North 81°15'37" West 262.30 feet to the point of beginning. EXCEPT those parts thereof contained in Lot 1, Block 4, Laurel Glen Subdivision, Phase 1. Area = 72,586 square feet or 1.6663 acres. Subject to existing easements. LEGAL DESCRIPTION (RIGHT-OF-WAYS) Annie Street Glenellen Drive Laurel ParkwayLOT 1 LOT 2 LOT 5 LOT 7 LOT 10 LOT 6 LOT 1 LOT 2 LOT 3 LOT 4 LOT 14 LOT 13 LOT 2 LOT 11 LOT 1 LOT 10 LOT 12 LOT 4 LOT 3 LOT 1 LOT 4 LOT 9 LOT 3 LOT 12 LOT 5 LOT 6LOT 8 LOT 3 LOT 4 LOT 8 LOT 1LOT 11 BLOCK 34 BLOCK 8 BLOCK 9 L =112 .6 0 ''''''''''''''''''''''''''''''''''''''''' R =4 6 3 .0 0 ''''''''''''''''''''''''''''''''''''''''' =13 °5 6 '0 1""""""""""""""""""""""""""""""""""""""""" L =9 1.8 8 '''''''''''''''''''''''''''''''''''''''''R =3 3 0 .0 0 '''''''''''''''''''''''''''''''''''''''''=15 °5 7 '0 9 """""""""""""""""""""""""""""""""""""""""L= 5 2.08'''''''''''''''''''''''''''''''''''''''''R=1 0 0.00'''''''''''''''''''''''''''''''''''''''''=2 9 °50'2 5 """""""""""""""""""""""""""""""""""""""""L=45.7 4 '''''''''''''''''''''''''''''''''''''''''R=100 .0 0 '''''''''''''''''''''''''''''''''''''''''=26°1 2 '3 1 """"""""""""""""""""""""""""""""""""""""" C1 C2 C3C 4Longbow LaneEXISTING PLI ZONING EXISTINGR-1 ZONINGEXISTING R-3 ZONING EXISTING R-3 ZONING EXISTING R-1 ZONING EXISTING B-1 ZONING BLOCK 7 BLOCK 3 BLOCK 17 BLOCK 18 LOT 3A Minor Subdiv. No. 201A Minor Subdiv. No. 201A LOT 2AN 08°44'23" EN 05°11'38" WR-1 ZONING EXISTING R-2 ZONING EXISTING R-4 ZONING EXISTING EXISTING R-3 ZONING Loxley DriveN 00°00'00" E 426.04'S 79°14'29" E 198.48' N 81°15'37" W 237.63' 96.76' N 84°48'22" E S 84°48'22" W 78.44'S 05°11'38" E 287.75'N 81°15'37" W 262.30' S 84°48'22" W 186.98' S 79°14'29" E 234.72' N 84°48'22" E 209.01'S 05°11'38" E 494.88'N 00°00'00" E 495.10'L =12 1.5 9 ''''''''''''''''''''''''''''''''''''''''' R =5 0 0 ''''''''''''''''''''''''''''''''''''''''' =13 °5 6 '0 1""""""""""""""""""""""""""""""""""""""""" L =8 3 .5 3 ''''''''''''''''''''''''''''''''''''''''' R =3 0 0 ''''''''''''''''''''''''''''''''''''''''' =15 °5 7 '0 9 """"""""""""""""""""""""""""""""""""""""" 30'30' 30'30'37'37'45'45' 45'45'30'30'30'30'37'37'DENSITY) 195,705 SQ.FT. (NEIGHBORHOOD SERVICE) PROPOSED R-2 ZONING 4.4928 ACRES HOUSEHOLD MEDIUM LOT 1 (RESIDENTIAL SINGLE BLOCK 4 EXISTING B-1 ZONING TOTAL AREA = 268,291 SQ FT 6.1591 ACRES S 42°25'38" W 44.47' CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH DELTA ANGLE C1 25.00' 27.88'26.46'63°53'46" C2 25.00' 24.41'23.45'55°56'39" C3 25.00' 24.41'23.45'55°56'39" C4 25.00' 26.30'25.10'60°15'51" LEGEND PROPERTY LINE ADJOINING PROPERTY LINE PROPERTY SUBJECT TO ZMA ZONE MAP AMENDMENT MAP 0 100 200 LOT 1, BLOCK 4, LAUREL GLEN SUBDIVISION - PHASE 1 LOCATED IN THE S 1/2, SECTION 4, T. 2 S., R. 5 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA #13028Sheet 1 of 1 EXHIBIT A0400800EXISTING ZONING MAP#13028 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 410 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 411 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 412 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 413 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 414 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 415 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 416 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 417 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 418 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 419 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 420 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 421 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 422 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 423 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 424 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 425 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 426 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 427 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 428 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 429 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 430 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 431 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 432 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 433 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 434 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 435 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 436 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 437 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 438 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 439 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 440 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 441 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 442 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 443 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 444 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 445 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 446 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 447 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 448 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 449 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 450 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 451 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 452 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 453 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 454 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 455 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 456 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 457 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 458 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 459 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 460 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 461 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 462 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 463 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 464 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 465 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 466 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 467 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 468 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 469 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 470 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 471 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 472 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 473 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 474 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 475 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 476 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 477 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 478 ZONE MAP AMENDMENT CRITERIA Lot 1, Block 4, Laurel Glen Subdivision, Phase 1 (Existing B-1, Proposed R-2) 1. Is the new zoning designed in accordance with the comprehensive plan? The City’s Growth Policy currently designates this property as Community Commercial Mix Use. A growth policy amendment has been submitted to be reviewed concurrently with this application to revise the designation to Residential. It should be noted that the current Community Commercial designation was placed on this property only after commercial use was proposed with the Laurel Glen Subdivision preliminary plat. The placement of this Community Commercial Mixed Use designation is in direct conflict with the Growth Policy which calls for commercial nodes at the intersections of arterial and collector roadways. This property is at the intersection of local streets and a lightly used collector. This property has proven to be unsuitable for commercial use due to low traffic numbers. 2. Is the new zoning designed to lessen congestion in the streets? The change from B-1 to R-2 will decrease congestion in the streets. Nearly all commercial uses generate more traffic and congestion than what would be expected from medium density residential use (R-2). 3. Will the new zoning promote health and general welfare? The property has sat vacant in its current state for 10 years. Sewer, water, street, and stormwater infrastructure is in place to provide service to the subject property. Further development of the property will be conducted in accordance with the Unified Development Code and be reviewed by the City Building, Planning and Public Works Departments. In addition, development of this property will contribute directly to the tax base of the City, enabling the city to provide and maintain services which will assist in promoting health and general welfare of the residents. 4. Will the new zoning secure safety from fire, panic and other dangers? An existing approved water distribution system with fire hydrants has been installed in accordance with the City of Bozeman standards to secure safety from fire. The property is currently under the jurisdiction of the Bozeman police and fire departments. The 479 change in zoning will not increase the hazard for fire, panic, or other danger. 5. Will the new zoning provide adequate light and air? The city zoning is designed with provisions for adequate light and air, such as building height restrictions, setbacks, etc.. The adjoining commercial and residential areas will also provide for adequate light and air. 6. Will the new zoning prevent the overcrowding of land? The proposed zoning change will prevent overcrowding by providing necessary housing within City Limits where services are readily available. Restrictions in the zoning regulations provide limits on the number of units per acre and percentage of site coverage. 7. Will the new zoning avoid the undue concentration of population? The proposed zoning change will limit the concentration of the population. R-2 zoning limits development concentration through lot size requirements, building setbacks and maximum lot coverage requirements. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed development is located within the City of Bozeman limits. Fire and police service is nearby with adequate response times. Public water, sewer, street and stormwater infrastructure is installed and available to service the subject property. A new elementary school has been constructed less than 1 mile from the property and additional public schools are located nearby. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The existing facilities and infrastructure are currently in place to service this use. The property proposed as R-2 is located within a subdivision with primarily R-2, R-3, and R-4 zoning designations. 480 10. Does the new zoning give reasonable consideration to the character of the district? Yes, the proposed zoning change is consistent with the adjacent developments. All of the properties in the near vicinity of the subject property are zoned R-2, R-3, or R-4. Through the initiation of the growth policy amendment the surrounding property owners made it very clear that they were not in favor of a more intensive use such as apartments which are allowed under the current B-1 Zoning designation. The proposed R-2 zoning is a medium density residential land use which is more acceptable to the surrounding property owners. 11. Was the new zoning adopted with a view to conserving the value of buildings? Yes, this zoning of the property guarantees that development will continue in a consistent manner with the adjoining and surrounding properties. This ensures that the new land use will not be one which degrades the value of the surrounding properties. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, the new zoning will be consistent with the adjacent land uses. The Community Commercial designation would be more appropriately relocated to an arterial/collector intersection as specified in the Bozeman Growth Policy. C:\Caddis\13\13028\Zoning Criteria.doc 481