HomeMy WebLinkAboutOak Meadows Zone Map Amendment, Oak Street between 12th and 14th Ave., Z13175Page 1 of 18
Z13175, Staff Report for the Oak Meadows Zone Map Amendment
Public Hearing Date: City Commission, January 27, 2014
Subject: The Oak Meadows Zone Map Amendment Application to rezone 3.877-acres of
existing R-4 (Residential High Density District) to B-2 (Community Business
District). The property is generally south of Oak Street between 12th and 14th Avenues. Application No. Z13175
Location: The property is generally located south of Oak Street between 12th and 14th
Avenues. It is legally described as Lot 1 and Open Space 1 in Block 5, and Lot 1
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: 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 Z13175 and Zoning Commission Resolution Z13175, and move to approve the rezoning with contingencies outlined in
the staff report, and direct Staff to prepare the required implementing ordinance.
Staff Contact: Tom Rogers
Report Date: Tuesday, January 21, 2014
Agenda Item Type: Action
EXECUTIVE SUMMARY
The property owner, RES-MT Oak Meadows, LLC, represented by PC Associates, LLC, has
made application to the City to amend the City of Bozeman Zone Map from R-4 (Residential
High Density District) to B-2 (Community Business District) on approximately 3.877-acres.
The request is in conjunction with Growth Policy Amendment approved by the City
Commission on January 13, 2014 (P13125). The Zoning Commission recommended
approval of the rezoning from R-4 to B-2 at their public hearing on November 19th, 2013.
No public comment has been received on this application. Staff recommends approval of the
application.
The property was initially 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 N 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.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
UNRESOLVED ISSUES ......................................................................................................... 2
ALTERNATIVES..................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL ................................ 8
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
SECTION 4 - STAFF ANALYSIS........................................................................................... 9
Section 76-2-304, Mont. Codes Ann. (Zoning) Criteria ..................................................... 9
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............. 14
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 17
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 18
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 18
FISCAL EFFECTS ................................................................................................................. 18
ATTACHMENTS ................................................................................................................... 18
UNRESOLVED ISSUES
There are no unresolved issues with this application.
ALTERNATIVES
1) Approve the zone map amendment as recommended by the DRC and Zoning
Commission.
2) Deny the zone amendment request and consider a zoning designation different than what
has been requested by the applicant and continue the item for a minimum of one week to
allow the applicant to consider their options and whether to protest the possible action (as
required under 38.37.030.D.2, BMC).
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SECTION 1 - MAP SERIES
This map reflects a revised application and is the most current description of the proposed map
amendment. All other maps have been likewise updated.
Surrounding Zoning and Land Uses
North: Commercially developed and zoned B-2, Community Business
South: Undeveloped parcels of the Oak Meadows subdivision: zoned R-4, Residential High Density
East: Unannexed zoned A-S, Agricultural Suburban
West: 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.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Oak Meadows II Zone Map Amendment”.
2. That the applicant submit a zone amendment map, titled “Oak Meadows II 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 Service, 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 to the centerline of 14th Avenue and including the
full width of 12th Avenue, and total acreage of the property.
3. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description prepared by a licensed Montana surveyor and
map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to
officially amend the zone map.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Oak Meadows Zone Map Amendment
Application: Z13175
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. Please note, the Oak Meadows Zone Map Amendment (ZMA) was
submitted with an accompanying Growth Policy Amendment previously reviewed by the Planning Board.
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 the related GPA on November 5, 2013
and forwarded a recommendation to approve the Growth Policy Amendment.
The Zoning Commission conducted a public hearing on this ZMA on November 19, 2013 and forwarded a recommendation to approve the Zone Map amendment.
The City Commission conducted a public hearing on January 13, 2014 and unanimously
approved the associated Oak Meadows Growth Policy Amendment, Application P13025.
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SECTION 4 - STAFF ANALYSIS
In considering applications for approval of a zone map amendment under this title, the
advisory boards and City Commission shall consider the following:
Section 76-2-304, Mont. Codes Ann. (Zoning) Criteria
A. Be in accordance with a growth policy.
The Oak Meadows ZMA is in conjunction with the Oak Meadows Growth Policy Amendment (P-13025). The Commission has provisionally approved the Oak Meadows
GPA and therefore, the Oak Meadows zone map amendment will be in accordance with the
Growth Policy. All responses in this category presume that the prior growth policy
amendment has been approved.
Numerous goals and objectives, in addition to conformance with the Future Land Use Map (Figure 3-1), must be considered when determining whether or not a proposed zoning change
is in accordance with the growth policy. While not every element will apply to every
proposal, a broad evaluation of compliance is needed. A proposal may comply with Figure
3-1 but not the other elements of the plan. To be in accordance with the growth policy, compliance must be to both Figure 3-1 and the other plan elements.
The subject property was recently the subject of an amendment to Figure 3-1 Future Land
Use Map of the Bozeman Community Plan, a Growth Policy Amendment. The amendment
reclassified the future use of the property as Community Commercial Mixed Use. The
Community Commercial Mixed Use land use designation of the Bozeman Community Plan indicates that:
“Activities within this land use category are the basic employment and services
necessary for a vibrant community. Establishments located within these categories
draw from the community as a whole for their employee and customer base and are
sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation.”
Chapter 3 of the Bozeman Community Plan addresses land uses. Beginning on page 3-3, there are seven land use principles laid out which provide a foundation for Bozeman’s land
use policies and practices. These are:
Neighborhoods
Sense of Place
Natural Amenities
Centers
Integration of Action
Urban Density
Sustainability
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Supportive examples of applicable goals and objectives for this application include:
3.3 Land Use Goals and Objectives
Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides
public and private basic services and facilities in close proximity to where people live and
work, and minimizes sprawl.
Staff Response: The amendment will create additional community business opportunities
adjacent to existing residential development that depending on the nature of the future development may provide public and private basic services and facilities. The existing
transportation facilities provide for multi-modal transportation alternatives. The property
is undeveloped and has sufficient municipal services to accommodate development and is
within a developing area.
Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing
development which surrounds it. Respect for context does not automatically prohibit
difference in scale or design.
Staff Response: Although the zone change removed residential density it will allow for
commercial development in an area capable to accommodate such uses. There are other commercial activities in the area and with the recent future land use designation change is
intended for the area. Mixed commercial and residential uses are allowed within the B-2
district.
8.3 Economic Development Goals and Objectives
Goal ED-1: Promote and encourage the continued development of Bozeman as a vital economic center.
Objective ED-1.1: Support business creation, retention, and expansion. Emphasize small
businesses, ‘green’ businesses, and e-businesses.
Staff Response: The property is undeveloped and modifying the zoning designation will
allow for commercial development to occur.
B. The effect on motorized and non-motorized transportation systems.
Neutral. The site is within the Oak Street (principal arterial) entryway corridor and between a
collector and a proposed collector street. Bike lanes, bike paths, PROST plan corridors,
shared use paths are adjacent or near the subject property. Any future development of the
site permitted by the zoning classification will require evaluation of street access and service levels depending on the design of the development. In addition, procedures and design standards are in place to ensure that any negative effects are mitigated. Finally, the North
19th and Oak Street Plan dictate that any non-residential development adjacent to Oak Street
requires Planned Unit Development review and approval prior to site plan review to insure
quality development.
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C. Secure safety from fire, panic, and other dangers.
Yes. The regulatory provisions established in all of the zoning designations, in conjunction
with provisions for adequate transportation facilities, properly designed water mains and fire
service lines and adequate emergency exits/escapes, will address safety concerns with any further subdivision and/or other development of the property. All new structures and
development on the subject property will be required to meet or exceed the minimum zoning
requirements for setbacks, lot coverage, height limitations and lot sizes to ensure the health,
safety and general welfare of the community. Pursuant to Section 38.01.050 of the UDC, the
City of Bozeman has the authority and power to require more stringent standards than the minimum requirements if it ensures the best service to the public interest. A detailed analysis
of the specifics of future development proposals will enable the determination of whether a
greater than minimum standard is required. At this time such details are not available for
review nor are required for this request.
D. Promote public health, public safety, and general welfare.
Yes. The regulatory provisions established through the City’s municipal code under Chapter
38, Unified Development Code (UDC), BMC, will adequately address the issues of health
and general welfare. Further development of the subject property also requires review and
approval by the Montana Department of Health and Environmental Quality, City Engineer's
Office and the Director of Public Works.
The property, upon further development, will be required to come into conformance with all
requirements of the zoning ordinance. Any buildings constructed on the site will be subject
to review for building codes which will ensure they are constructed in a manner which
reduces risk for fire, loss during earthquake, are structurally sound, and well fit for their
purpose. The City’s adopted zoning requires compliance with building codes by Section 38.34.100.
Additional development issues related to municipal infrastructure (i.e., water and sanitary
sewer) and public services (i.e., police and fire protection) will be addressed with subdivision
and/or site plan review when commercial demand can be more accurately calculated. Water
and sewer infrastructure are adjacent and available to the site. See also Item H.
Similarly, any development will be required to meet or exceed regulatory provisions
established through the City’s municipal code under Chapter 38, Unified Development Code
(UDC), BMC, for transportation facilities.
E. Reasonable provision of adequate light and air.
Neutral. The regulatory standards set forth in the City of Bozeman UDC for the requested B-2 zoning district provides the necessary provisions (i.e., yard setbacks, lot coverage limits,
open space and building height limits), provide for adequate light and air for any proposed
development on the subject property. Oak Street is a Class I entryway corridor in this area
and a substantial setback is required which will provide for access to light and air.
F. Prevention of overcrowding of land.
Yes. The minimum yard setbacks established in the B-2 district, as well as the limitations of
lot coverage for principal and accessory structures and off-street parking facilities, would
maintain the desired percent of buildable area. Minimum yard setbacks, height requirements,
maximum lot coverage and required parking are also limiting factors that help prevent the
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overcrowding of land. Such regulatory standards prevent the overcrowding of land, and
maintain compatibility with the character of the surrounding area. See also Item E.
Overcrowding is a condition which results when the infrastructure and buildings in an area
are incapable of serving the density of users. A perception of being more intensely used than is preferred by a particular person or group does not establish an actual condition of
overcrowding. As discussed elsewhere in this report, any development within Bozeman is
required to demonstrate that there is adequate transportation, water, sewer, and other
necessary public services to support the development. This requirement ensures that land will
not be overcrowded.
G. Avoiding undue concentration of population.
Neutral. Future development of the subject property under this proposal will decrease
population. The proposal is change from high density residential to community commercial
mixed use zoning. However, compliance with the regulatory standards set forth in the UDO
and the International Building Code will aid in providing adequately sized dwelling units to avoid undue concentration of population.
The standard does not seek to avoid concentration of population, but rather undue
concentration. Undue is typically understood to mean exceeding that which is appropriate
and normal. This is a standard which is specific to a particular site and is not a specific
number or intensity of use. The B-2 district has been considered and adopted with a set of standards for lot sizes, setbacks, and other standards that in the opinion of the City
Commission do not create undue concentration of population.
H. Facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements.
Neutral. Further assessment of the impacts to infrastructure, public services, and other community requirements will be evaluated during subdivision and/or site plan review. Any
indentified impacts with development of the property will be mitigated with recommended
conditions of approval by the Development Review Committee (DRC) with a determination
made by the approval authority on adequate provisions.
For this application, the DRC has determined that municipal infrastructure is located in proximity to the subject property and could be extended into the property by the
landowner/developer for further development of the site. Emergency services are currently
serving this area, and municipal police and fire are within adequate response times of the site.
The City will have the opportunity to further evaluate the development of the property during
the above-described review procedures. See items A, D and F.
I. Conserving the value of buildings.
Neutral. Currently there are no buildings on the property. The adjacent properties are zoned
R-O, R-4, County zoning of A-S, and across Oak Street B-2. The promotion of the property
structures into the B-2 Distinct may increase some building values and devalue others.
Depending on a number of variables including proposed uses, design considerations, and site plan layout it is undetermined whether or not the value of the other existing structures will be
conserved, increase in value or be negatively affected.
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J. Character of the district.
Neutral. The most important factor in determining the suitability of a proposed zoning
designation is the potential for compatibility with existing and proposed adjacent land uses.
The area has a diversity of existing and approved land uses. Properties to the west and north are non-residential in nature. The adjacent property to the east and south as shown in the
current land use map above are vacant. The anticipated future development to the south is
residential. However, residential and non-residential adjacent development can be designed
to be compatible. Any district must have an edge where uses transition from one thing to
another. Future planning and review requirements will give the City the ability to control how the uses on site would function and relate to the surrounding developed and
undeveloped properties.
Particular attention will need to be given to the transition to the adjacent uses to the south.
All other sides of the property to be rezoned are separated from adjacent properties by public
right of way. To the south there is no physical separation.
After considering the various components of zoning character and the diversity of uses in the
area it appears that B-2 and the associated uses are in keeping with the existing and future
character of adjacent properties.
K. Peculiar suitability for particular uses.
Neutral. Although there numerous land uses in the immediate vicinity, adopting B-2 zoning on the subject property will further the goals and objectives of the City Plan and allow
development supporting the activities already found on site. The use of the property will be
similar to those used on the adjacent property to the north and west.
L. Encourage the most appropriate use of land throughout the jurisdictional
area.
Neutral. The proposed amendments of B-2 zoning designation of this proposal are
supportive of the overall intent of the growth policy. See Item A. This zoning will also allow
this property to develop at a density that takes advantage of the existing infrastructure
available and in near proximity to this location.
M. Promotion of Compatible Urban Growth.
Yes. The Bozeman Community Plan provides several guiding ideas and principles for the
physical development of the City. Development consistent with these ideas and principles
are more likely to be compatible with adjacent development both within and outside of the
City limits. The growth policy encourages infill development and higher density urban
centers. The property is within the geographic area already receiving municipal services. Future review of an actual development proposal will also look at achieving appropriate
compatibility with the surrounding area.
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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 proposed zoning for
the parcel is B-2, Community Commercial Mixed Use. The intent of the B-2 community
business district is to provide for a broad range of mutually supportive retail and service
functions located in clustered areas bordered on one or more sides by limited access arterial streets.
Table 38.10.020, BMC.
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
Ambulance service — P P
Apartments and apartment buildings6, as defined in this chapter P P1/C P3
Arts and entertainment center, as defined in this chapter P P P
Automobile fuel sales or repair, as defined in this chapter C C C
Automobile parking lot or garage (public or private) P P P
Automobile washing establishment C P C
Banks and other financial institutions P P P
Business, technical or vocational school — C P3
Bus terminals — C C
Community centers P P P3
Community residential facilities with eight or fewer residents P P1/C P3
Community residential facilities serving nine or more residents — C —
Convenience uses C P C
Convenience use restaurant P P P
Day care centers P P P
Essential services (Type I) P P P
Essential services (Type II) — P P
Extended-stay lodgings — P P
Food processing facilities — C —
Frozen food storage and locker rental — P —
Health and exercise establishments P1/C P P
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Hospitals — P C
Hotel or motel — P P
Laboratories, research and diagnostic — P P3
Laundry, dry cleaning — C C
Light goods repair, as defined in this chapter — C A
Lodginghouses — C C3
Manufacturing, light and completely indoors — C —
Mortuary — C C
Museum — C C
Medical and dental clinics P1/C P P
Meeting hall — P P
Offices, as defined in this chapter P1/C P P3
Other buildings and structures typically accessory to permitted
uses
A A A
Parking facilities P P P3
Personal and convenience services, as defined in this chapter P P P
Pet grooming shop P P P
Printing offices and publishing establishments — — C
Private club, fraternity, sorority or lodge — P P
Public buildings P P P
Refuse and recycling containers A A A
Research laboratories — P P
Restaurants P5 P P
Retail uses, as defined in this chapter P2 P2 P2
Retail, large scale — P —
Sales of alcohol for on-premises consumption7 C C C
Sign paint shops (not including neon sign fabrication) — P C
Upholstery shops (excluding on site upholstery service for cars,
boats, trailers, trucks and other motorized vehicles requiring
overnight storage)
— P P3
Veterinary clinic — C —
Wholesale distributors with on-premises retail outlets, providing
warehousing is limited to commodities which are sold on the
premises
— C —
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Wholesale establishments that use samples, but do not stock on
premises
— P P
Any use, except adult businesses and casinos approved as part of
a planned unit development subject to the provisions of article 20
of this chapter
C C C
Adopted Growth Policy Designation:
Upon final adoption of the Growth Policy Amendment existing designation for the site of the
amendment is Community Commercial Mixed Use. The description of this designation is:
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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APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
The proposal will change roughly 3.877-acres from R-4, High Density Residential to B-2,
Community Commercial Mixed Use. The property is located between N 12th and North 14th
Avenues on the south side of Oak Street.
The subject property has recently received approval for a Growth Policy Amendment to
change the future land use designation from Residential to Community Commercial as
described in Resolution 4503.
The parent property was initially subdivided in 2006, Application P05074, 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. The
property has recently been transferred from the bank to other private ownership.
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APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice of the application was provided by publication in the Bozeman Daily Chronicle on,
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 pursuant to
Section 38.40.030, BMC. 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 and again to January 27, 2014.
No public comment has been received prior to the completion of this report.
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
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment.
ATTACHMENTS
A. Zoning Commission Minutes B. Zoning Commission Resolution Z13175
C. Application Materials
D. Modification Request
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Zoning Commission Minutes – November 19, 2013
ZONING COMMISSION MINUTES TUESDAY, NOVEMBER 19, 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: Carson Taylor
Members Absent:
Guests Present:
Jason Leep Staff Present: Tom Rogers, City of Bozeman Associate Planner
ITEM 2. PUBLIC COMMENT None.
ITEM 3. MINUTES OF NOVEMBER 5, 2013
Minutes approved unanimously with no changes.
ITEM 4. PROJECT REVIEW
1. Oak Meadows ZMA #Z-13175 continuance of public hearing
A Zone 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 5.74 acres from R-4
(Residential High Density District) to B-2 (Community Business District) zoning. The
property is legally described as Lots 1 and 2 and Open Space, Block 5, and Lots 1 and 2
and Open Space 2 in Block 4 and a portion of Park 1 of the Oak Meadows Subdivision, and portions of North 14th Avenue and North 12th Avenue, as platted in said subdivision in the
SW 1/4 Section 1, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. (To be
continued to November 19, 2013) (Rogers)
Julien Morice recused himself for agenda item Oak Meadows ZMA #Z-13175.
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Zoning Commission Minutes – November 19, 2013
Associate Planner Rogers presented the staff report to the zoning commission members noting there
was still a quorum present. He pointed out according to the Transportation Plan there is an existing
controlled access point on 15 and next future on 11th (so you will have direct access on 7th, 11th,
15th and 19th). No public comments to date. The City Commission will consider both applications during the
December 9th meeting. Staff and Development Review Committee have reviewed and forwarded
their recommendation to approve this application with contingences in the staff report.
Chairperson Garberg asked members if there were any questions of Mr. Rogers. No questions for
Mr. Rogers.
Chairperson Garberg asked if there were any questions of the applicant. Applicant Jason Leep
reiterated his former presentation.
Some discussion of leaving south of Oak residential, if we moved zone line up north would like to
hear opinion.
Mr. Thompson move property lot line move, the R-4 will this be enough room for the B-2 and does this still meet the FAR.
Mr. Leep: yes there will be enough room for this line move.
Mr. Thompson: How many R-4 lots can you put in the south half?
Mr. Leep: around 100 units.
Mr. Thompson: impact to the streets traffic loads on adjacent streets (15th).
Mr. Leep: hard to determine that but on a 5 lane arterial road, traffic studies will be required in the
future.
Chairperson Garberg noted the need to remain focused on the current application.
Commissioner Carson: issue of why the Commission was voting can be stated to judge it against
standards. Individual opinions can be stated carefully or un-carefully. Can’t have two votes with one
based on a theoretical.
Mr. McSpadden: Commission will make the decision. If Mr. Rogers incorporated this into the discussion so it would be included in Mr. Rogers’ report to the Commission so the vote
recommended this and the discussion was included.
Chairperson Garberg asked if there were any questions or comments from the public. None,
Chairperson Garberg closed public comment.
Chairperson Garberg asked Mr. Rogers what were permitted uses in B-2 zoning.
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Mr. Rogers Clarified permitted uses.
Commissioner Carson: How does PUD come into play?
Planner Rogers: Corridor plan states anything next to or adjacent to Oak Street is required to go
through PUD prior to construction. This allows more creativity and the city and community gets
more out of design.
Planner Rogers stated residential does not go through PUD but any non-residential goes through the PUD process.
Chairperson Garberg asked if there were any questions of members:
Mr. McSpadden: if PUD will open up interpretations of code, he would suggest the PUD allows a different kind of review. Changes in zoning to commercial would add a level of restriction due to
what a commercial use goes through, PUD becomes a rigid process.
Mr. Thompson stated his concerns of terms of B-2 relying on undefined PUD restrictions.
Seeing no other member comments, it was closed.
Motion: Mr. McSpadden moved to hereby adopt the findings in the staff report for application ZMA
#Z-13175 and move to recommend City Commission approval of the Oak Meadows Zone Map
amendment with contingences required to complete application process. Mr. Thompson seconded the motion.
Mr. McSpadden voted for this during the Planning Board meeting and was still in line with that
decision.
Mr. Thompson feels uncomfortable with change of the whole lot to a B-2.
Mr. McSpadden: original developers mapped this area out 6-7 years ago and this area was
designated residential for 30 years and the density is not dictated by the Growth policy.
Mr. Rogers: stated Mr. McSpadden was correct.
Mr. McSpadden: can we move forward? I will vote in favor of application as it is.
The discussion concluded and a vote was called with the motion passing 2-1, Mr. Thompson voting in opposition.
ITEM 5. NEW BUSINESS
No new business
ITEM 6. ADJOURNMENT
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Chairperson Garberg moved to adjourn, Mr. Thompson seconded.
The Zoning Commission meeting was adjourned at 7:15p.m.
Erik Garberg, Chairperson City of Bozeman Zoning Commission Chris Saunders, Policy and Planning Manager City of Bozeman DCD
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TABLE OF CONTENTS
OAK MEADOWS
ZONE MAP AMENDMENT APPLICATION
DESCRIPTION
Development Review Application
ZMA Checklist
ZMA Checklist Narrative
Vicinity Map
Oak Meadows Plat
Zone Change Exhibit - Current and Proposed
Surveyors Exhibit
Adjoiners Map
Adjoiners Address List
Adjoiners Certificate
Neighborhood Certificate
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OAK MEADOWS SUBDIVISION
Zone Map Amendment Application
July, 2013
Synopsis:
This Zone Map Amendment application is being submitted in conjunction with a
community plan designation change. 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 B2 type retail uses which will help spur
economic activity in the core of Bozeman. The level of traffic on Oak Street both now
and in the future would be detrimental to a safe and enjoyable high density residential
project, but at the same time would allow B-2 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 rezoning the northern four R-4 lots to B-2. Approximately 1.2
acres of R-4 remains and along with a landscape/fence buffer, will provide a transition to
the detached single household lots to the South of Manzanita Drive. 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 land use change.
Checklist Narrative
B. Zoning Map Amendment Criteria
1. Is the new zoning designed in accordance with the comprehensive plan?
Yes, pending approval of the community plan designation change that is an
integral part of this application.
2. Is the zoning designed to lessen congestion in the streets?
Yes. The subject property is located in the center of the regional retail core
of Bozeman. Locating B2 uses on the busiest and largest east-west street
(north of Main) in Bozeman will allow all residents to easily access the
services from all parts of town and will reduce the need for residents to travel
to outlying parts of town. In addition, the B2 zoning regulations limit the
amount of building space and uses that can be constructed to a level that has
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been deemed appropriate and safe. The new buildings and site plans will
need to conform to the zoning regulations.
3. Will the new zoning promote health and general welfare?
Yes. Locating B2 uses in the center of town and on a high traffic route that is
designed specifically for high levels of traffic will allow all residents easy
access by car, bike, bus, or trail to access convenient and essential services.
Changing the zoning from R4 will eliminate potentially dangerous
residential/traffic conflicts.
4. Will the new zoning secure safety from fire, panic and other dangers?
Yes. The new zoning will ensure that future buildings are constructed to
strict commercial building codes that include fire suppression systems, and
handicap access standards. In addition, traffic circulation and parking will
need to conform to the zoning regulations which ensure safe pedestrian areas
and general design standards.
5. Will the new zoning provide adequate light and air?
Yes. The future buildings and parking lots will need to conform to the B2
zoning regulations that have building and parking lot standards that ensure
adequate light and air.
6. Will the new zoning prevent the overcrowding of land?
Yes. The new zoning is a commercial designation. Any future uses will need
to conform to the zoning regulations which will prevent the overcrowding of
land. In addition, the location on a major traffic route allows for the efficient
dispersal of patrons that are using the convenient and essential services that
will eventually be built there.
7. Will the new zoning avoid the undue concentration of population?
Yes. The new zoning is a commercial designation and is located on a multi-
lane transportation facility which includes a separated pedestrian trail that
will allow for the efficient flow of people and vehicles. Any future uses will
need to conform to the zoning regulations which will prevent the undue
concentration of population.
8. Will the new zoning facilitate the adequate provision of transportation, water,
sewer, schools, parks, fire, police, and other public requirements?
Yes. The new zoning will locate essential and convenience services adjacent
to an east-west traffic route that was designed specifically to serve these types
of uses. The commercial designation will have no effect on schools (other
than to help fund them through higher commercial property taxes). The new
zoning will result in a surplus of park land for residents of the area. Fire,
police and other public services will be able to serve the development
adequately given its proximity in town. Please refer to the correspondence
from Morrison-Maierle (the original design engineers) that addresses the
ability of the existing water/sewer/storm systems to serve B2 uses.
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9. Does the new zoning give consideration to the peculiar suitability of the property
for particular uses?
Yes. The subject property is particularly suitable for B2 uses given its
location on Oak Street, between N19th and N7th.
10. Does the new zoning give reasonable consideration to the character of the
district?
Yes. All existing adjacent uses are office, retail, or vacant land that will most
likely also be commercial when it develops.
11. Was the new zoning adopted with a view to conserving the value of buildings?
Yes. All existing and adjacent buildings are either office or retail buildings.
No existing building values will be negatively affected by the zoning change.
12. Will the new zoning encourage the most appropriate use of land throughout such
county or municipal area?
Yes. Centrally located and easily accessible commercial uses, planned on a
traffic route designed for such use, and located centrally between two I-90
interchanges along with many existing hotel facilities and retail operations
will encourage the appropriate use of land.
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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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EXHIBIT ___
OAK MEADOWS SUBDIVISION ZONE MAP AMENDMENT – CITY OF BOZEMAN
ZONING B-2
Legal Description
A tract of land, said tract being Lots 1 and 2 and Open Space 1 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 of Gallatin County Records, and portions of North 14th Avenue and
North 12th Avenue, as platted in said subdivision, said tract being located in the Southwest
Quarter of Section 1, Township 2 South, Range 5 East, Principal Meridian Montana, City of
Bozeman, Gallatin County, Montana and being further described as follows:
Beginning at the northwest corner of said Open Space 1; thence South 87°56'02" East, on the
north line of said Open Space 1 and 2, and Park 1, a distance of 600.00 feet; thence South
87°56'02" East, on the easterly extension of the north line of said Open Space 2, a distance of
40.00 feet; thence South 01°33'38" West, on the east line of North 12th Avenue, a distance of
496.73 feet; thence North 88°29'05" West, on the easterly extension of the south line of said Lot
2, Block 4, a distance of 40.00 feet; thence North 88°29'05" West, on the south lines of said Lot
2, Block 4 and Lot 2, Block 5 and on the extension of said lines through said Park 1, a distance
of 599.61 feet; thence North 88°29'05" West, on the westerly extension of said Lot 2, Block 5, a
distance of 20.00 feet; thence North 01°31'08" East, on the west line of Oak Meadows
Subdivision, a distance of 503.07 feet; thence South 87°56'02" East, on the westerly extension of
the north line of said Open Space 1, a distance of 20.00 feet to the Point of Beginning.
The described tract has an area of 7.572 Acres. The described tract is along with and subject to
any existing easements.
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ENGINEERING CONSULTANTS
THOMAS, DEAN & HOSKINS, INC.
ZONING B-2 (PREVIOUSLY R-4)
A TRACT OF LAND, SAID TRACT BEING LOTS 1 AND 2 AND OPEN SPACE 1 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 OF GALLATIN COUNTY RECORDS, AND PORTIONS OF NORTH 12TH AVENUE
AND NORTH 14TH AVENUE AS PLATTED IN SAID SUBDIVISION, SAID TRACT BEING LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
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Adjoiners List Within 200 feet of Subject Property
Oak Meadows Zoning 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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