HomeMy WebLinkAboutResolution 4503, Intent to amend Figure 3-1 of Community Plan, Oak Meadows Growth Policy Amendment Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, AICP
Wendy Thomas, Director of Community Development
SUBJECT: Approve Resolution 4503, a resolution of intent to amend Figure 3-1 of
the Bozeman Community Plan from Residential to Community
Commercial Mixed Use and hold a public hearing for the Oak Meadows
Growth Policy Amendment Application. The property is generally located
south of Oak Street between 12th and 14th Avenues, File P13025. MEETING DATE: January 13, 2014
AGENDA ITEM TYPE: Action (Legislative)
RECOMMENDATION: Not to Approve
SUGGESTED MOTION: Having reviewed the application materials, considered public
comment, and considered all of the information presented, I hereby adopt the findings presented
in the staff report for application P-13025 and Planning Board Resolution #P-13025, and move
to approve Commission Resolution 4503 intending to amend the growth policy from “Residential” to “Community Commercial Mixed Use” with the contingencies outlined in the
staff report, and direct Staff to prepare a resolution to finalize the growth policy amendment
upon completion of the contingencies.
BACKGROUND: The property owner, RES-MT Oak Meadows, LLC, 709NW, 107th Avenue,
4th Floor, Miami, FL 33172, represented by PC Associates, LLC, 26D Shawnee Way, Bozeman, MT 59715, has made application to amend Figure 3-1, the future land use map, in the Bozeman
Community Plan located south of Oak Street between 12th and 14th Avenue on 3.523-acres in
conjunction with a Zone Map amendment. The property is vacant; therefore no street address
has been assigned as this time.
The property was subdivided in 2006, Application P05074, to create 52 residential lots including 20 single-household dwellings, 24 attached townhouse units and the remaining R-4 lots would be
developed with high density residential buildings. The property is within the North 19th
Avenue/Oak Street Corridor Master Plan. The Plan requires all nonresidential development
within the corridor be reviewed and approved through the PUD review process.
This application was scheduled to be heard by the City Commission on October 14, 2013. At the Applicant’s request the public hearing was rescheduled to December 9, 2013 and then
subsequently continued to January 13, 2014. The Planning Board at their November 5, 2013
meeting forwarded a recommendation to approve the Growth Policy Amendment as noted in
Resolution P13025.
Subsequently, on December 20, 2013 the Applicant submitted a modification to the application
to reduce the area proposed for rezoning from R-4 to B-2 from 5.74-acres to 3.523-acres. The
change removes Lot 2, Block 4 and Lot 2 of Block 5, Oak Meadows Subdivision from the
proposed rezone application. The request and updated exhibit is attached to this Staff Report.
No public comment has been received on this application.
Should the Commission vote favorably on the amendment to the Community Plan, the Applicant
will be required to prepare materials to satisfy the contingencies outlined in the staff report for
the application to amend the Community Plan (file P13025) prior to Commission adoption of the
of the final resolution approving the Oak Meadows Growth Policy Amendment. If these materials are not provided in sufficient time the Oak Meadows ZMA public hearing will be
continued to a later date to allow the preparation of the implementing documents.
UNRESOLVED ISSUE(S): A determination as to whether or not the Growth Policy
Amendment, as proposed, supports linear or strip development pattern described in Chapter 3 of
the Bozeman Community Plan and constitutes nodal or strip commercial development along Oak Street.
ALTERNATIVES:
1) Deny the growth policy amendment request as suggested by Staff
2) Approve the growth policy amendment as recommended by the Development Review Committee and Planning Board.
3) Make alternate findings to the criteria for a growth policy amendment and decide an
alternative land use designation. Per Section 38.37.030.D.2, to consider the alternative
the City Commission must continue the application for at least one week to enable the
applicant to consider options regarding the possible alternate designation. 4) Other as identified by the City Commission.
FISCAL EFFECTS: No immediate fiscal impacts are expected from this action. Future
development will generate both costs and revenues dependent on the nature of the development.
Attachments: Staff Report
Planning Board Minutes and Resolution P13025
Commission Resolution No. 4503 Application materials Modification Request
Report compiled on: January 7, 2014
Page 1 of 25
P-13025, Staff Report for the Oak Meadows Growth Policy Amendment
Date: City Commission public hearing is on January 13, 2014
Project Description: An application to amend Figure 3-1 of the Bozeman Community Plan
to change the future land use designation on 5.74-acres from Residential to
Community Commercial Mixed Use.
Project Location: The property is generally located south of Oak Street between 12th and 14th Avenues. It is legally described as Lots 1 and 2 and Open Space in Block 5, and
Lots 1 and 2 and Open Space 2 in Block 4 and a portion of Park 1 of the Plat of Oak
Meadows Subdivision, filed in Book J of Plats, Page 459, and portions of North 14th
Avenue and North 12th Avenue, as platted in said subdivision, City of Bozeman, Gallatin County, Montana.
Recommendation: Not to Approve
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 P-13025 and move to recommend that the City Commission approve the growth policy amendment with the contingencies required to complete the application processing.
Report Date: Wednesday, January 08, 2014
Staff Contact: Tom Rogers, AICP, Department of Community Development
Representative: PC Associates, LLC, 26D Shawnee Way, Bozeman, MT 59715
TABLE OF CONTENTS SECTION 1 - MAP SERIES .................................................................................................... 2
SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL ................................ 8
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
SECTION 4 - STAFF ANALYSIS........................................................................................... 9
Section 17.4, Bozeman Community Plan Amendment Criteria ......................................... 9
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............. 20
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 23
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 24
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 25
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SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning fix map showing subject property
Surrounding Zoning and Land Uses
North: Kenyon Noble directly across Oak Street, American Federal Bank to the
northwest, and office buildings to the northeast: zoned B-2, Community Business
South: Undeveloped parcels of the Oak Meadows subdivision: zoned R-4, Residential High Density
East: Unannexed County land zoned A-S, Agricultural Suburban and multi-family
structures further to the east zoned R-3, Residential Medium Density
West: Walton Homestead subdivision Office complex: zoned R-O, Residential Office
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SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment and apply only if the Commission moves to approve the GPA.
Recommended Contingencies of Approval:
1) The applicant shall submit, within forty-five (45) days of approval by the City
Commission, an 8½- x 11-inch or 8½- x 14-inch exhibit entitled “Oak Meadows Growth
Policy Amendment” to the Department of Community Development containing an
accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Community Development Department.
2) The resolution for the growth policy amendment shall not be drafted until the applicant
provides an exhibit of the area to be re-designated, which will be utilized in the
preparation of the resolution to officially amend Figure 3-1, the Future Land Use Map of the Bozeman Community Plan.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Oak Meadows Growth Policy Amendment
File: P-13025
Having considered the criteria established for the Oak Meadows Growth Policy Amendment,
the Community Development Staff recommends against the application as submitted and
amended.
The Development Review Committee (DRC) considered the amendment on August 14, 28 and September 4, 2013. The DRC did not identify any infrastructure or regulatory
constraints which would impede the approval of the application.
The Planning Board conducted a public hearing on November 5, 2013, after three (3) continuances by the Applicant. The Planning Board made a recommendation to approve the application to the City Commission.
The hearing date for the City Commission was December 9, 2013 and continued, at the
Applicant’s request, to January 13, 2014.
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SECTION 4 - STAFF ANALYSIS
In considering applications for amendments to the growth policy, the advisory boards and
City Commission shall consider the following criteria established by the Bozeman
Community Plan for amendments:
Section 17.4, Bozeman Community Plan Amendment Criteria
1. The proposed amendment must cure a deficiency in the growth policy, or improve the growth policy, to better respond to the needs of the general community;
The requested Growth Policy Amendment seeks to alter the current designation from
Residential to Community Commercial Mixed Use. Table C-16 in the Community Plan
details the associated zoning classifications correlated with each Land Use Category. The Community Commercial land use designation prohibits residential zones. However, under certain circumstances limited residential uses are permitted.
Please refer to the Section 38.08 through 38.12, MBC for a complete list of permitted use for
each zoning district. Staff has highlighted the specific Land Use Categories being discussed. Uses permitted with associated land use designation:
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The Applicant states that the proposed designation allows for the highest and best use of the
land due to its proximity to the traffic on Oak Street and therefore, better responds to the
needs of the general public. As shown on the Aerial Image and Current Land Use Map in
Section 1 above, the surrounding land use is highly variable. However, there appears to be a development pattern that suggests the area’s land use designation is not deficient. With the
exception of the 7th and 19th Avenue corridors the majority of current land use south of Oak
Street is residential or subdivided for residential purposes. The Covered Wagon Mobile
Home Park is west of the subject property and Aspen Meadows and Royal Vista housing
developments are to the east. There is however, a 16.16-acre undeveloped property under County jurisdiction directly to the east. It is unknown what, if any development plans are
being contemplated for this property.
The underlying land use designation has been consistent in the 1990 Bozeman Master Plan,
the 1997 N. 19th Avenue/Oak Street Corridor Master Plan, the Bozeman 2020 Plan, and the
current Bozeman Community Plan. These plans have this area and the surrounding areas designated as residential with the exception of the Walton Homestead property and the N 15th
Avenue corridor south of Oak Street which is designated Business Park Mixed Use. The
Business Park Mixed Use designation permits R-O (Residential Office) zoning which is in
place. Development of the Walton Homestead property was completed through a planned
unit development process to allow the office type uses constructed along Oak Street.
In addition, the 1990 Bozeman Master Plan designated the area as Urban Residential Infill
and Public Open Space. North of Oak street between 19th and 7th Avenues was a mix of
Urban Residential Commercial. The 1997 N. 19th Avenue/Oak Street Corridor Master Plan
designated the area as Urban Residential and/or Urban Residential Infill with Commercial
north of Oak Street. The Bozeman 2020 Plan, the predecessor to the current Bozeman Community Plan, continued to designate the area as Residential. However, the land north of Oak Street evolved to be entirely commercial, replacing the historic urban residential area.
Traffic Generation Analysis
A number of possible residential development types are probable on the subject property. However, making simple assumptions based on the surrounding residential types and current zoning classification and correlating those types with the 9th Edition Institute of
Transportation Engineers (ITE) Trip Generation Manual we can create hypothetical traffic
generation scenario to compare traffic impacts on the proposed future lands use change.
Perhaps the most significant impact on existing residents is increased traffic generated by commercial activity on weekends. The analysis below assumes average daily Saturday trips.
Please note these are hypothetical and require a number of assumptions that may or may
occur.
Maximum theoretical density in the R-4 District is 32 units per acre. However, this density
would require underground parking and efficiency units which are unlikely in the Bozeman area. It is more likely to have a maximum density of approximately 24 units per acre in the
R-4 District. There are four (4) buildable parcels as shown on the image below (partial plat)
totaling 247,892 square feet or 5.69-acres. Therefore, a total of approximately 136
residential units are possible. Table 38.08.020 in Appendix A illustrates permitted uses in
the R-4 Zoning District including apartments, two, three, or four-household dwellings, and townhouses with five attached units. Referring to the ITE manual land use category 220
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(Apartments) indicates an average of 6.39 daily trips are generated on Saturday per dwelling
units; 136 residential units generate approximately 869 average daily trips.
According to Section 3.4 of the Community Plan shows that Community Commercial Mixed Use Floor Area Ratio in excess of 0.5 is desired. There are four (4) buildable parcels as
shown on the image below (partial plat) totaling 247,892 square feet (5.69-acres). A 0.5
floor area ration equates to minimum building size of 123,946 square feet. The Applicant
intends to change the existing zoning from R-4 to B-2 (Community Business). Table
38.10.020, BMC, show permitted use in the B-2 Zoning District. B-2 zoning permits apartments, hospitals, hotels, restaurants, and large scale retail to name a few. Again, using
an example from the ITE a Building Materials and Lumber Store (812) generates an average
of 51.6 daily trips per 1,000 square feet of gross floor area. In total, if converted to B-2 has
the potential of generating an average Saturday traffic volume of 12,791 daily trips, an
increase of 1,471.9 percent increase. Other commercial uses will have variable trip generation rates but will tend to be considerably higher than residential uses. Precise route
information cannot be determined in this example.
Figure 1: Partial Oak Meadows Subdivision Plat.
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The primary concern of the traffic in the area is circulation. Oak Street is designated as a
Principal Arterial in the Greater Bozeman Area Transportation Plan 2007 Update. As such
limited signalized access points will be permitted by Montana Department of Transportation. Currently there are signalized intersections at Oak Street and 7th, 15th and 19th Avenues.
When demand warrants it an fourth signalized intersection is planned for 11th Avenue. There
are no signalized intersections being contemplated for 14th or 12th Avenues. Therefore, these
intersections will be limited to right in, right out and possibly a west bound left turn. See
Figure 2 below.
Figure 2: Current and Proposed Signalization on Oak Street.
Historic Land Use Designation
The subject property is within the North 19th Avenue/Oak Street Corridor Master Plan. The
intent and purpose of this section is to establish the planned unit development (PUD) and/or
master site plan review procedures as a method to guide future growth and development
within the area of the North 19th Avenue/West Oak Street Corridor Master Plan. It is further
intended to ensure that future growth and development will occur in accord with the goals
and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan and it
successors as a subarea plan to the city growth policy.
In addition, pursuant to Section 38.17.030, BMC, the Oak Meadows subdivision is within the
Class I Entryway Corridor. Therefore additional design standards apply to this area
including greater setback and landscaping requirements to in order to preserve the area’s natural views. These requirements apply regardless of a future land use designation or
zoning change. The screening may limit the commercial viability of the property for uses
permitted in the B-2 District.
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Finally, the North 19th Avenue/Oak Street Corridor Plan was adopted in February 1997 and
has not been revised. Significant development and land use alterations have occurred in the
past 16.5 years. Transportation facilities have improved and reclassified with the adoption of the Greater Bozeman Area Transportation Plan 2007 addition.
Currently there is un-annexed adjacent property to the east. As shown on the Future Land
Use Map above this property is also designated as Residential and according to Gallatin
County records the property is zoned A-S (Agricultural Suburban). The A-S District strictly prohibits commercial activity and has a density of one dwelling unit per 20-acres. There are
no known development plans for this property. To adequately assess and prepare for
development on any individual site a larger contextual discussion is needed.
2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals and objectives.
The proposed change modifies the future land use map to create an area of Community
Commercial between existing Business Park Mixed Use and Residential areas on the south
side of Oak Street. The future land use designations north and south of Oak Street have been
relatively stable through the adoption of the last three Growth Policies from the 1990 Bozeman Master Plan to Bozeman Community Plan adopted in 2007. The only significant
modification occurred on the land north of Oak Street between 15th and 19th Avenue. This
area was altered from Urban Residential Infill to Community Commercial.
Land Use Principals There are seven core ideas which form a foundation for many of the land use policies of the
Bozeman Community Plan. They include:
1. Neighborhoods
2. Sense of Place 3. Natural Amenities
4. Centers
5. Integration of Action
6. Urban Density
7. Sustainability
The proposal challenges foundation number 4, Centers. The intent of this foundational
policy is to strengthen a pattern of community development oriented on centers or nodes.
According to the Bozeman Community Plan this principal focuses commercial activities in
mutually reinforcing centralized areas provide:
Increased business synergy
Greater convenience for people with shorter travel distances to a wide range of
businesses
The opportunity to accomplish several tasks with a single trip
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Facilitates the use of transportation alternatives to single occupant motor vehicles,
with a corresponding reduction in traffic and road congestion and air quality impacts
Enables greater access to employment, services, and recreation with a reduced
dependence on the automobile
Greater efficiencies in delivery of public services
Corresponding cost savings in both personal and commercial applications
At the core of this application is to determine whether or not the Growth Policy Amendment
furthers this policy or represents a change in this policy to more linear or strip development pattern.
Map Analysis
The 1990 Bozeman Master Plan designated the area as Urban Residential Infill and Public Open Space. North of Oak Street between 19th and 7th Avenues was a mix of Urban
Residential and Commercial.
The 1997 N. 19th Avenue/Oak Street
Corridor Master Plan designated the area as
Urban Residential and/or Urban Residential Infill with Commercial north of Oak Street. Please refer to the map to the right, Future
Land Use Plan: N. 19th Avenue/Oak Street
Corridor Master Plan, 1997.
The Bozeman 2020 Plan, the predecessor to the current Bozeman Community Plan
continued to designate the area as
Residential as shown on the Future Land
Use Maps above in Section one of this report. However, the land north of Oak Street evolved to be entirely commercial,
replacing the urban residential area.
The two images below are a comparison between the Bozeman 2020 (left) and the current Bozeman Community Plan (right)
Future Land Use Maps. The Subject
property is represented by the star.
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Approximate location of subject property
Although there are minor alterations between the future land use designations between the
1990 Bozeman Master Plan, the Bozeman 2020 Plan, the Bozeman Community Plan, and the 1997 North 19th/Oak Street Corridor Plan, the subject area has been consistently designated
as residential with commercial lands on the north side of Oak Street.
All Bozeman community planning efforts are based on public outreach and comment. It
appears, based on the aforementioned planning documents the residents have indicated their
desire to continue to provide residential land use intermixed with commercial areas in the
Oak Street corridor. Therefore, considering the consistency shown on successive Future Land Use Maps adopted by the Commission it does not appear there is an inconsistency
which requires correction.
Goals & Objective Analysis
The Applicant provided responses to a number of the Goals found in the Chapter 3, 4 & 8 of
the Bozeman Community Plan referring to land use, community quality, and economic
development respectively. In addition to the Applicant responses provided, Staff provides
additional analysis for each of the following goals.
Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides public and private basic services and facilities in close proximity to where people live and
work, and minimizes sprawl.
Staff Response – The proposed land use change will extend commercial activity south of Oak
Street. There are existing residential developments in the immediate vicinity with additional
residential development in the future. The property is within the entryway corridor and has
sufficient city services to accommodate future residential or commercial development. Therefore, commercial services are close proximity to where people live and work, and
develop a vacant land. However, it is unclear whether or not the land use change will create
a sense of place that differentiates it between other major corridors in the city.
Goal LU-2: Designate centers for commercial development rather than corridors to
encourage cohesive neighborhood development in conjunction with non-motorized
transportation options.
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Staff Response – The area north of Oak Street is a Regional Commercial designation and is a
commercial center bounded by Oak Street on the south. The subject area has not been
designated as commercial development center. Oak Street is within a Class II entryway
corridor and is categorized as a Principal Arterial in the Bozeman Area Transportation Plan (2007 Update). West Oak Street and North 15th Avenue includes bike lanes while N 11th
Avenue is designated as a future shared use path. There are additional multimodal facilities
in the vicinity. Future development scenarios showing how the subject property creates a
“commercial development center” are not included or required with a growth policy
amendment application. Therefore, Staff cannot determine whether or not this goal is furthered by the proposed GPA.
Goal LU-3: Strengthen the Historic Core of Bozeman to preserve the community character,
economic resource, and historical connection represented by this area.
Staff Response – Staff concurs with the Applicant response. No inconsistencies are created
with the proposed GPA, therefore, this goal is met.
Goal LU-4: Sustainability, Natural Environment and Aesthetics – Ensure adequate review of
individual and cumulative environmental and aesthetic effects of development to preserve the
view sheds, natural functions, and beauty which are a fundamental element of Bozeman’s character. Design and development in a quantifiably sustainable manner are desirable.
Staff Response – Staff concurs with the Applicant response. All future non-residential
development will require review for conformity off any and all applicable plans and
regulations; therefore, this goal is met.
Goal C-1: Human Scale and Compatibility — Create a community composed of
neighborhoods designed for the human scale and compatibility in which the streets and
buildings are properly sized within their context, services and amenities are convenient, visually pleasing, and properly integrated.
Staff Response – It is not uncommon for residential development adjacent to principal
arterial streets. To the east and west of the subject property is developed as residential areas.
Multimodal transportation is currently available with close proximity to community needs
such as school facilities, open space, and other residential nodes illustrated in the Current
land Use Map in Section one of this report. The traffic impact analysis provided above may create division between existing neighborhoods and increase non-compatible land use in the
area. Therefore, the proposed GPA does not further this goal.
Goal C-2: Community Circulation — Create a circulation system both vehicular and
pedestrian that is fully connected, integrated, and designed for ease of use.
Staff Response – Staff is neutral on this goal. Although basic transportation facilities have
been constructed and any future development must meet minimum City standards bringing
commercial traffic into the residential area may complicate the ease of use and create circulation challenges for some users. Merging of commercial and residential traffic may not
create an inconsistency but may not support ease of use.
Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in type,
density, cost, and location with an emphasis on maintaining neighborhood character and
stability.
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Staff Response – The proposed GPA does not promote this goal. The proposal removes from
future development higher density housing types associated with R-4 zoning. Increased
student enrolment at MSU and Gallatin College may increase pressure on existing housing
stock. In fact, according to the Affordable Housing Needs Assessment for the City of Bozeman, 2012, by Werwath Associates supports the claim that there demand for safe, quality
housing that is diverse in type, density, cost, and location. The Werwath report is hosted on
the Community Development web site. The need for quality housing that is diverse in type I
supported by an article in the Bozeman Daily Chronicle, January 29, 2012, No Vacancy,
suggested vacancy rates are below 2%. There is a community benefit in locating higher intensity residential development within the core of the community in close proximity to
services. Removing the residential designation works against this goal.
Goal H-3: Encourage an adequate supply of affordable housing and land for affordable
housing.
Staff Response – The proposed GPA does not promote this goal. As noted in the discussion
under Goal H-2 there are needs for safe, quality housing that is diverse in type, density, cost,
and location.
Goal ED-1: Promote and encourage the continued development of Bozeman as a vital economic center.
Staff Response – Staff concurs with the Applicant response although the application was
updated to request a Community Commercial Mixed Use classification instead of the original
Regional Commercial designation. The property is vacant although it underwent and
received subdivision approval. The property went into repossession by the lending
institution and has only recently been transferred out the bank’s ownership. Ownership of the property has changed and a new vision of the property has evolved.
In conclusion, based on the Map and Goals & Objective Analysis above the proposed
Growth Policy Amendment appears to create inconsistencies within the growth policy
between the goals and the maps or between different goals and objectives. However, with
any policy decision a larger contextual discussion may necessitate broader review of adopted
plans.
3. The proposed amendment must be consistent with the overall intent of the growth policy;
The proposed change extends commercial activity south of Oak Street expanding the
commercial district 5.74-acres in an area previously designated for residential development.
As noted in the Applicant response a relatively small area is being affected by the proposed
change and includes only one property owner.
The guiding principles in the Bozeman Community Plan, in part, include realizes interrelated
goals for land use, housing, transportation, environmental concerns, and economic development and builds on desirable existing conditions while recognizing and improving
upon undesirable conditions. A community must therefore determine how it wishes to
address change: by ignoring change and losing any ability to shape it, or by trying to look
forward and ensure that as change occurs the things that the community values most are able
to remain and thrive. Looking forward allows for some basic decision making to take place
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without the pressure of an immediate crisis. The City of Bozeman, including elected officials,
staff and board appointees, will use this plan to retain and enhance those qualities that make
Bozeman a desirable place to live, work, and play as the community continues to grow and
evolve.
4. The proposed amendment will not adversely affect the community as a whole or significant portion by:
Significantly altering land use patterns and principles in a manner contrary to those
established by this plan,
Current land use patterns are shown in the map series above. There is both commercial and
residential land use in the immediate vicinity. However, similar commercial activity to those
permitted in a community commercial zone are largely within areas designated for such
purpose and follow the areas designated for such use and with a sub-area plan. The proposed amendment affects four developable parcels, two open space parcels and park area that
contains public infrastructure including a 10” water main and 24” sewer collection pipe.
The requested Growth Policy Amendment would amend 5.74-acres of land originally
intended for residential development. Other commercially zoned areas in the vicinity are
either subject to an adopted plan or supported by existing future land use designation supporting commercial activity. The North 7th corridor has established land use pattern for
commercial activity and underwent a master plan to accommodate and facilitate
transportation.
Similarly, North 19th Avenue is designated for commercial and industrial activities as shown
on Figure 3-1: Future Land Use Map.
The Applicant states the proposed amendment does not significantly alter existing and future
land use patterns. The validity of this statement depends on scope. If you consider the entire Bozeman Community Plan area it is a small change. On the other hand looking at the proposed change on micro scale the amendment has significant policy implications.
Requiring unmitigated larger or more expensive improvements to streets, water, sewer, or
other public facilities or services, thereby impacting development of other lands,
The proposed amendment would generally not require improvements to streets, water, sewer,
or other public facilities or services. As noted above, the existing water supply and
wastewater systems can accommodate development in the area. However, it is unclear how vehicular traffic generated by commercial activity would be integrated in the transportation system. Currently, there are no plans for any additional signalization on Oak Street.
Adversely impact existing uses because of unmitigated greater than anticipated impacts on
facilities and services
No extraordinary impacts have been identified at this time.
Negatively affect the livability of the area or the health and safety of the residents.
Altering the land use of this site may negatively affect the livability of the area or the health
and safety of the residents. In the traffic generation example above anticipating the
additional traffic generated by a commercial development more than likely would be
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perceived negatively by the existing residents in the area. Those property owners anticipated
the site to be developed as high density residential. However, no public comment has been
received as the date publication of this report.
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APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS
Zoning Designation and Land Uses:
The current zoning for the parcel is R-4, Residential High Density. The intent of the R-4
residential high density district is to provide for high-density residential development through
a variety of housing types within the city with associated service functions. This will provide
for a variety of compatible housing types to serve the varying needs of the community's residents. Although some office use is permitted, it shall remain as a secondary use to
residential development. Secondary status shall be as measured by percentage of total
building area.
Table 38.08.020 (excluded R-S, R-1, R-2, and R-3 categories and unrelated uses)
Table of Residential Uses Authorized Uses
R-4 R-O RMH
Accessory dwelling units8, 9 P P —
Apartments/apartment building, as defined in article
42 of this chapter
P P —
Bed and breakfast P P —
Commercial stable — — —
Community centers C P C
Community residential facilities with eight or fewer
residents
P P P
Community residential facilities serving nine or more
residents
P P —
Cooperative housing P P C
Day care centers P P C
Essential services (Type I) P P P
Essential services (Type II) — — C
Extended stay lodgings P P —
Family day care home P P P
Group day care home P P P
Group living P P P
Guesthouses A A —
Lodginghouses P P —
Offices C3 P —
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P-13025, Staff Report for the Oak Meadows Growth Policy Amendment Page 21 of 25
Private vehicle and boat storage A A A/C4
Public and private parks P P P
Manufactured homes on permanent foundations1 P P P
Manufactured home communities — — P
Medical offices, clinics, and centers C P —
Recreational vehicle parks — — P
Signs, subject to article 28 of this chapter A A A
Single-household dwelling P P P
Three- or four-household dwelling P P —
Two-household dwelling P P —
Townhouses (two attached units) P P P7
Townhouses (five attached units or less) P P —
Townhouses (more than five attached units) P P —
Uses approved as part of a PUD per article 20 of this
chapter
C C C
Veterinary uses — — —
Adopted Growth Policy Designation:
The existing designation for the site of the amendment is Residential. The proposed
designation is Community Commercial Mixed Use. The descriptions of these two
designations are provided below.
Residential. 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
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P-13025, Staff Report for the Oak Meadows Growth Policy Amendment Page 22 of 25
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.
Community Commercial Mixed Use. Activities within this land use category are the basic
employment and services necessary for a vibrant community. Establishments located
within these categories draw from the community as a whole for their employee and
customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service
activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are
integrated with significant transportation corridors, including transit and non-automotive
routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include
multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to
allow residences on upper floors, in appropriate circumstances. Urban streetscapes,
plazas, outdoor seating, public art, and hardscaped open space and park amenities are
anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle,
and transit circulation shall be provided. High density residential areas are expected in
close proximity. Including residential units on sites within this category, typically on
upper floors, will facilitate the provision of services and opportunities to persons without
requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to
serve different purposes. Large Community Commercial Mixed Use areas are significant
in size and are activity centers for an area of several square miles surrounding them.
These are intended to service the larger community as well as adjacent neighborhoods
and are typically distributed on a one mile radius. Smaller Community Commercial areas are usually in the 10-15 acre size range and are intended to provide primarily local
service to an area of approximately one-half mile radius. These commercial centers
support and help give identity to individual neighborhoods by providing a visible and
distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or collectors. Although a broad range of uses may be appropriate in both types of
locations the size and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and
should not be overly dominated by any single land use. Higher intensity employment and
residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be
compatible with adjacent development.
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P-13025, Staff Report for the Oak Meadows Growth Policy Amendment Page 23 of 25
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
The proposal will change roughly 5.74-acres from Residential to Community Commercial.
The property is located between N 12th and North 14th Avenues on the south side of Oak
Street.
The parent property was subdivided in 2006, Application #P-05074, to subdivide 20 acres
into 52 residential lots. The original subdivision approval was reviewed and approved based
on the Residential growth policy designation. The plan is for 20 single-household dwellings,
24 attached townhouse units and then the R-4 lots would be developed with high density
residential buildings. It was noted that the property is located within the Oak Street Entryway Corridor a PUD is required for any nonresidential development within the corridor.
A plat note shall indicate that any future non-residential development on Lot 1, Block 4 or
Lot 1, Block 5 will require PUD review and approval. In addition, the subdivision design
meets the 10% Restricted Size Lot requirement with 2 multi-household lots and 6 single
household lots. The Bozeman Community Affordable Housing Advisory Board (CAHAB) was supportive of the subdivision. They appreciated the diversity of lot sizes, the overall
density, and the smaller lots.
Subsequently the property reverted to bank ownership, no development occurred.
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P-13025, Staff Report for the Oak Meadows Growth Policy Amendment Page 24 of 25
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice of the application was provided by publication in the Bozeman Daily Chronicle,
posting a notice prominently on site using the City standard notice format and sign post, and
mailing first class US mail to all property owners within 200 feet of the site. Adjacent owner addresses were provided by the representative per standard City procedures.
This application was originally scheduled to be heard by the City Commission on October
14, 2013. At the Applicant’s request the application was rescheduled to December 9, 2013.
This change necessitated re-noticing the application pursuant to Section 38.40.030, BMC. At the Applicant’s request the item was continued from December 9, 2013 to January 13, 2014.
No public comment has been received prior to the completion of this report.
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P-13025, Staff Report for the Oak Meadows Growth Policy Amendment Page 25 of 25
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: RES-MT Oak Meadows, LLC, 709NW, 107th Avenue, 4th Floor, Miami,
FL 33172
Cougar Properties, LLC, 3805 Valley Commons Drive, #12, Bozeman, MT 59718
Representative: PC Associates, LLC, 26D Shawnee Way, Bozeman, MT 59715
Report By: Tom Rogers, AICP, Department of Community Development
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Page 1 of 4
City of Bozeman Planning Board Minutes of October 15, 2013.
PLANNING BOARD MINUTES TUESDAY, November 5, 2013
ITEM 1. CALL TO ORDER AND ATTENDANCE
President McSpadden called the regular meeting of the Planning Board to order at 7:00 p.m. in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and took attendance.
Members Present: Guests Present:
Trever McSpadden, President Jason Leep
George Thompson
Carson Taylor
Guy Alsentzer
Erik Garberg
Paul Neubauer
Members Absent:
Julien Morice
Staff Present:
Tom Rogers, Associate Planner
Brian Krueger, Development Review Mgr.
ITEM 2. PUBLIC COMMENT (Limited to any public matter within the jurisdiction of the Planning
Board and not scheduled on this agenda. Three-minute time limit per speaker.)
No public comment.
ITEM 3. MINUTES OF OCTOBER 15, 2013
A motion to accept the minutes of October 15, 2013 was moved, seconded and approved unanimously.
ITEM 4. PROJECT REVIEW
1. Oak Meadows GPA #P-13025
A Growth Policy Map Amendment application requested by owner RES-MT Oak Meadows
LLC, 709 NW 107th Avenue 4th Floor, Miami FL 33172, applicant Cougar Properties LLC,
3805 Valley Commons Drive #12, Bozeman MT 59718, and representative PC Associates LLC, 26D Shawnee Way, Bozeman MT 59715, to change the future land use classification on 5.74
acres from Residential to Community Commercial Mixed Use. The property is legally described
as Lots 1 and 2 and Open Space in, Block 5, and Lots 1 and 2 and Open Space 2 in Block 4 and a
portion of Park 1 Oak Meadows Subdivision, and portions of North 14th Avenue and North 12th
Avenue located in the SW 1/4 Section 1, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. (Rogers) (This item will be continued to the November 5, 2013 meeting.)
Associate Planner Rogers presents background for Oak Meadows First State of GPA:
• Applicant would like to change the Future Land Use Designation to allow a zoning change
from R-4 (High Residential) to B-2 (Commercial District).
• Per section 17.4 of the Bozeman Community Plan, Amendment to the Growth Policy must
meet the criteria in this chapter with any application prior to adopting any particular change.
• The Applicant modified their request from a Regional Commercial designation to
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Page 2 of 4
City of Bozeman Planning Board Minutes of October 15, 2013.
Community Commercial prior to the Planning Board hearing.
• A thorough analysis is contained on pages 9-17 of staff report. Each issue has been addressed
by the applicant, comments are listed as well.
• The DRC indicated ample city services; water and sewer systems were available on site.
• Staff is not supporting the application but noted alternative recommendations are available at
the Boards discretion.
• Comparison of the GPA designations from Bozeman Community Plan which is most current growth policy and the N. 19th Oak St. Corridor Master plan (Public Process and adopted by the City Commission in 1997)
• Addressed PUD requirements for any non-commercial development adjacent to Oak Street as
required by the Oak Street & 19th Avenue Corridor Plan.
These items are listed to help board to understand what’s going on in the subject area:
• Addressing the difference of the Bozeman Community Plan 2020 Plan and the Bozeman Community Plan and the later is the most current plan
• Note the intent of this particular area is designated as residential use for 30 years north of
Oak Street is designated as commercial
• Showed current zoning of the parcel and GIS Land Use of parcels of area (subject parcel is
undeveloped there is “no use” at the moment
• Examples in Staff report do not support this change: Traffic Considerations and the limitations of access (right-in or right-out intersections) Recommendation from Development Review Committee and staff report:
Staff stated no public comment has been provided on this application to date; Zone Map Amendment
application will be heard by the Zoning Commission on Nov 19, 2013 then 2 weeks out December 9, 2013 goes to City Commission for final approval.
Mr. Rogers: Staff currently (with the limited view point) will not make a recommendation for approval
in this specific case
Chairperson Garberg addresses board members with concerns/questions
Commissioner Carson: limitations access concerns
Mr. Alsentzer: Car trips per day increase accompanying growth
Mr. Garberg: vehicle trip generations increase President McSpadden: Growth policy does not include the “Right of way” , we can assume zoning
would require the right away and would be zoned accordingly
Applicant: Jason Leep 26 D Shawnee Way
• Owner and buyer want this designation change
• They feel they are improving the plan, 19th, oak and 7th unique loop situation in Bozeman,
access to interstate, access of types of services, is platted, no big streets/sewer changes need to be
done all these things together allow B-2 allowances
• The plan has been amended when there was a reasonable proposal in place
• Waste of opportunity to put apartments there basis of proposal; we can only put B-2 in specific
spots and this is the spot to make the change
Invited questions for the applicant.
Board member: what type of businesses are you seeing there?
Answered: 60,000 square feet can go there on whole site (grocery store on one have, 3 10,000 sq ft
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City of Bozeman Planning Board Minutes of October 15, 2013.
buildings).
Mr. Neubauer: agree that it would be good B-2 uses; lots on Crabapple Drive are residential properties,
east of 15th would be affected
Applicant: feels B-2 would be a good buffer to the residential areas and the high traffic corridor.
President McSpadden: Any more questions?
Mr. Thompson: Challenged the traffic loads
Applicant states 14th are not Right-in right-out but on 12th it is right-in right-out. And eventually 11th will
have a traffic light.
President McSpadden opens comment to public; no public comment.
Close public comment bring to motion/ discussion/vote
Mr. Garberg opens with a motion.
Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in staff report for #P-13025 and move to recommend that the City
Commission approve the growth policies amendment to the city with the contingencies required to
complete the application process. Mr. Thompson seconded the motion.
President McSpadden opens for discussion.
Mr. Garberg starts discussion: concern of abutment to single family residential.
Mr. Neubauer: concern with infill; increase residential density in the core; R-2 would be great
opportunity as well.
Mr. Thompson: concern with parking lot size doubling, and turning whole parcel commercial use
without some type of housing.
Mr. Alsentzer: agrees with keeping it residential.
Mr. Taylor: is this big enough for R-4 apartment houses, idea that no one lives there yet does not justify
the change; it is R-3 after all, being right on Oak is a commercial “dream” best we can do is give our
opinion; will probably vote for the motion, but has some concerns, we don’t know what the use will be and need more traffic studies.
President McSpadden: Growth Policy is subjective; this is a situation that allows this kind of change.
Will be voting for the motion, as it stands, but for the record, the contingences don’t include right of
way, but part of cost of doing business on a zoning level. Mr. Alsentzer: so the balances of equities and keeping the residential on the south side and line of
demarcation, outweigh keeping of the residential consistency by the plans the staff put out there today.
McSpadden: My opinion is based on the 4 criteria; the applicant is asking for an amendment to the growth policy land use designation.
Mr. Alsentzer: regarding item number 2; it appeals to me in continuity
Mr. Garberg: obvious the difference of land use on each side of plan
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City of Bozeman Planning Board Minutes of October 15, 2013.
Mr. Taylor: nothing magic about a 5 lane road demarcation from residential to commercial
Mr. Alsentzer: what has been discussion for that the un-annexed land to the east and could be relevant to
these plans
Mr. Taylor: city does not annex forcibly
Mr. Neubauer: What service do we need that is not there yet?
Mr. Garberg: high density needs to be closer to university, focused student housing and the transient
population.
President McSpadden: fall back onto the 4 criteria, not in marketing. Not a bad spot for either B-2 or
R-4.
Site that will dictate what is going to happen there
Mr. Taylor: is it still going to be a PUD?
Associate Planner Rogers: depends on the application; most likely based on the location and entry way
corridor requirements; will go through full site plan master site plan to make any modification to site
Mr. Neubauer: like the idea that George put out there could you have the micro lots that fronts oak
commercial and southern lots residential, just a thought.
Mr. Garberg: I know what I think, don’t want to tell anyone how to think.
MOTION: President McSpadden called for the question
Board approved the recommendation to forward to change zoning to commercial intent (4/2)
ITEM 2. NEW BUSINESS McSpadden welcomes Guy Alsentzer.
ITEM 3. ADJOURNMENT
Seeing there is no further business before Planning Board, President McSpadden adjourned the meeting
at 8:45 p.m.
Trever McSpadden, President Tom Rogers, Associate Planner
Planning Board Department of Community Development
City of Bozeman City of Bozeman
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TABLE OF CONTENTS
OAK MEADOWS
GROWTH POLICY MAP AMENDMENT
DESCRIPTION
Development Review Application
Growth Policy Map Amendment Checklist
Growth Policy Map Amendment Checklist Narrative
Vicinity Map
Oak Meadows Plat
Growth Policy Map Exhibit - Current and Proposed
Adjoiners Map
Adjoiners Address List
Adjoiners Certificate
Neighborhood Certificate
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OAK MEADOWS SUBDIVISION
Community Plan Designation Change Application
July, 2013
Synopsis:
This community plan map amendment is being submitted in conjunction with a
zone map amendment. Oak Meadows is a subdivision located directly adjacent to and
south of Oak Street at the mid-point between N19th and N7th Avenues. The subdivision
is one of many that was repossessed by a lending institution and resold to new
developers. The subdivision included detached single household lots on the southern
portion (along with a park), and 8 larger multi-family lots zoned R-4 on the northern half
(see plat map) that front on Oak Street. New construction of single family homes is
expected to commence this fall, in the southern portions of the project.
The larger northern lots proximity to a major traffic route, located between the two major
I-90 interchanges, makes them ideal for retail uses, which will spur economic activity in
the core of town. The level of traffic on Oak Street both now and in the future would be
detrimental to a safe and enjoyable residential project, but at the same time would allow
retail uses to thrive. Creating opportunities for businesses to locate and thrive in
Bozeman, should be a major priority that this proposal will help advance.
This application calls for changing the designation of approximately 5.7 acres of
residential to regional commercial. Approximately 1.2 acres of residential will remain
between the new designation and Manzanita Drive, a local street. This application
maintains Manzanita as a residential street with detached homes facing attached homes
on the opposite side of the street. To the west of the subject property is a several acre
office complex, to the North is the Kenyon Noble retail operation, and American Federal
Savings Bank. To the east is a pocket of undeveloped County land. The neighboring
uses will all compliment the proposed change and there are no existing residential
residents or owners that will be directly affected by an adjacent designation change.
Checklist Narrative
Growth Policy Map Amendment Checklist
1. The proposed amendment cures a deficiency in the growth policy or results in an
improved growth policy which better responds to the needs of the general
community.
The proposed amendment results in an improved growth policy by
designating a relatively small portion of land fronting on a high traffic route
as commercial rather than residential. This designation will create a use that
thrives because of the high traffic and will help spur economic growth in the
core of Bozeman. The new designation allows for the highest and best use of
the land.
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2. The proposed amendment does not create inconsistencies within the growth
policy, either between the goals and the map or between goals; if inconsistencies
are identified then additional changes must be provided to remove the
inconsistencies.
This amendment creates no inconsistencies within the growth policy, either
between the goals and the map or between goals. The goals in the policy that
may relate to this amendment are:
Goal LU-1: Create a sense of place that varies throughout the City, efficiently
provides public and private basic services and facilities in close proximity to
where people live and work, and minimizes sprawl.
The proposed amendment provides basic services in close proximity to where
people live and work. The location is adjacent to the core of the residential
areas of Bozeman and also a major office development. At the same time it
serves as a logical buffer between single and attached dwelling units and a
high traffic route. Locating these services in the core of Bozeman will
minimize sprawl.
Goal LU-2: Designate centers for commercial development rather than corridors
to encourage cohesive neighborhood development in conjunction with non-
motorized transportation options.
The proposal expands an existing commercial center into the interior of
town. This is an in-fill commercial project located on an east west traffic
route between two I-90 interchanges and does not contribute to sprawl. The
proposal has no effect on any existing residential properties.
Goal LU-3: Strengthen the Historic Core of Bozeman to preserve the community
character, economic resource, and historical connection represented by this area.
The proposal creates no inconsistency with this goal.
Goal LU-4: Sustainability, Natural Environment and Aesthetics – Ensure
adequate review of individual and cumulative environmental and aesthetic effects
of development to preserve the viewsheds, natural functions, and beauty which
are a fundamental element of Bozeman’s character. Design and development in a
quantifiably sustainable manner are desirable.
Any future development will need to conform to the entryway corridor
regulations which will implement this goal.
Goal C-1: Human Scale and Compatibility —Create a community composed of
neighborhoods designed for the human scale and compatibility in which the
streets and buildings are properly sized within their context, services and
amenities are convenient, visually pleasing, and properly integrated.
This amendment removes a residential area from a high traffic route that is
not scaled for activities that may take place in residential developments and
yard areas.
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Goal C-2: Community Circulation — Create a circulation system both vehicular
and pedestrian that is fully connected, integrated, and designed for ease of use.
The amendment creates no inconsistency with this goal as Oak Street is an
entryway corridor that requires a parallel open space and trail system for
pedestrians.
Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in
type, density, cost, and location with an emphasis on maintaining neighborhood
character and stability.
This amendment allows for the provision of safe, quality housing by
designating a commercial area between the housing and the high traffic
route.
Goal ED-1: Promote and encourage the continued development of Bozeman as a
vital economic center.
The proposal designates land as regional commercial adjacent to existing
retail and office operations and will provide opportunities for new businesses
to thrive thereby advancing the goal of Bozeman being a vital economic
center.
3. The proposed amendment must be consistent with the overall intent of the growth
policy.
The overall intent of the Growth Policy is to proactively and creatively
address issues of development and change while protecting public health,
safety and welfare. The proposal is consistent with this intent and as
addressed above, advances many of the goals.
4. The proposed amendment will not adversely affect the community as a whole or
significant portion by:
a. Significantly altering acceptable existing and future land use patterns, as defined
in the text and maps of this plan.
The proposed amendment does not significantly alter existing and future
land use patterns. The amendment affects a relatively small portion of land
and simply adjusts the boundaries between two bordering designations
within the plan.
b. Requiring unmitigated larger and more expensive improvements to streets, water,
sewer, or other public facilities or services and which, therefore, may impact
development of other lands.
The existing zoning designation that corresponds to the subject property is
R4 which is the highest density residential use allowed in Bozeman. In
general terms, high density residential is the most impactful land use possible
in terms of traffic, water, sewer, and storm water demands. The subject
property is already served by roads, water, sewer, and storm facilities that
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were sized for the high density residential use. There may be some minor
infrastructure adjustments needed at time of final site plan procedures, but
there are no larger or more expensive infrastructure items that will be
needed as a result of the proposal and the development of other lands will not
be impacted. Please see attached letter from the Morrison Mairele
engineering firm.
c. Adversely impacting existing uses because of unmitigated greater than anticipated
impacts on facilities and services.
See response directly above. In addition, the existing uses that are adjacent
to the subject property are office, retail, vacant multi-household lots, and
vacant county land. There are no adjacent existing residential owners or
residents that will be affected by greater than anticipated impacts on
facilities and services.
d. Negatively affecting the livability of the area and the health and safety of the
residents.
The proposal will positively affect the livability of the area by locating a
retail/office use between the residential uses and the existing high traffic
route which may be detrimental to a high quality and safe residential use.
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Google Maps https://maps.google.com/?ie=UTF8&ll=45.701324,-111.051264&spn=0....
1 of 1 7/23/2013 10:24 AM
Subject
Property
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Adjoiners List Within 200 feet of Subject Property
Oak Meadows Community Plan Map Amendment
#1
AMERICAN FEDERAL SAVINGS BANK
ATT: DELA CHATRIAND
1400 PROSPECT AVE
HELENA, MT 596014544
#2
BERAN LLC
MAIL TO: ASHLEY OGLE
526 W CAMERON BRIDGE RD
BOZEMAN, MT 597188843
#3
MAXEY LIMITED PARTNERSHIP
4391 E RAVENS RIDGE DR
COLUMBIA, MO 65201
#4
LANDOWNER ON APPLICATION
#5 – N15th Commercial Condos
UNITS 1,3,4 BLDG A:
WAYNE NEIL, JACOB NEIL, DOUGLAS NEIL
30 CHURN CREEK DR
BOZEMAN, MT 59715
UNITS 1,2 BLDG B
NEIL VISTA 1188, LLC
1184 N 15TH AVE STE 1
BOZEMAN, MT 59715
UNITS 3,4 BLDG B
VISTA LLC
PO BOX 269
BELGRADE, MT 59714
UNIT 1 BLDG C, UNITS 1,2 BLDG D
WAY OAK, LLC
1276 N 15TH AVE STE 103
BOZEMAN, MT 59715
UNIT 2 BLDG C
TKA PROPERTIES LLC
1276 N 15TH AVE STE 103
BOZEMAN, MT 59715
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UNITS 3,4 BLDG C
OASIS MANAGEMENT LLC
1185 N 14TH ST STE 3
BOZEMAN, MT 59715
#6 - PARKING LOTS – NOT ASSESSED
WALTON HOMESTEAD COMMERCIAL OWNERS ASSOCIATION
WALTON HOMESTEAD APARTMENT OWNERS ASSOCIATION
ATTN: GCRE LLC
1276 N 15 AVE STE 103
BOZEMAN, MT 59715
#7
OAKWAY LLC
1276 N 15TH AVE STE 103
BOZEMAN, MT 59715
#8 - PARKING LOT – NOT ASSESSED
SEE #6
#9
NICALI LLC
MAIL TO: TURNER ERNEST
1283 N 14TH AVE #201
BOZEMAN, MT 59718
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Resolution No. 4503, Intent to revise Growth Policy, Oak Meadows GPA Page 1 of 2
COMMISSION RESOLUTION NO. 4503
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE INTENT OF THE CITY COMMISSION TO CONSIDER AN AMENDMENT TO FIGURE 3-1 OF THE BOZEMAN COMMUNITY PLAN.
WHEREAS, the City of Bozeman has had a comprehensive plan (growth policy) since 1958,
and
WHEREAS, the City of Bozeman adopted its growth policy known as the Bozeman Community
Plan (BCP) through Resolution 4163 on June 1, 2009, and
WHEREAS, the City of Bozeman adopted its most recent text amendments to the growth policy
known as the Bozeman Community Plan (BCP) through Resolution 4195 on August 3, 2009, and
WHEREAS, the Bozeman City Commission establishes criteria for the amending of the
document, and
WHEREAS, an application has been received to amend Figure 3-1 the future land use map of
the growth policy, and
WHEREAS, the City of Bozeman Planning Board conducted a public hearing on the application
on November 5, 2013, and
WHEREAS, in accordance with 76-1-602, MCA, the City Commission must conduct a public
hearing prior to taking any action to adopt or revise a growth policy,
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that:
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Resolution No. 4503, Intent to revise Growth Policy, Oak Meadows GPA Page 2 of 2
Section 1
In accordance with the requirements of Section 76-1-604 MCA, the intent to consider the
application for amendment and possible corresponding revisions to the growth policy is hereby stated.
Section 2
That a public hearing was set and advertised for the purpose of receiving public testimony on P-13025, the Oak Meadows growth policy amendment, modifying Lot 1 of Block 4 and Lot 1 of Block 5, Oak Meadows Subdivision, growth policy amendment and possible related revisions to Figure 3-1 of
the Bozeman Community Plan.
Section 3
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 13th day of January 2014.
___________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
________________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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