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Z14030, Staff Report for the Boulder Creek Zone Map Amendment
NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE
SINCE ITS PRESENTATION TO THE ZONING COMMISSION ARE
SHOWN IN RED.
Public Hearing Dates: Zoning Commission, March 18, 2014, 121 N. Rouse Avenue, 6 pm
City Commission, April 7, 2014, 121 N. Rouse Avenue, 6 pm
Project Description: A request to rezone approximately 0.67 acres from R-2, Residential
Two Household Medium Density District to R-4, Residential High-Density District;
0.21 acres from R-4, Residential High-Density District to R-2, Residential Two
Household Medium Density District; 0.15 acres from PLI, Public Lands and
Institutions District to R-2, Residential Two Household Medium Density District and
1.35 acres from R-2, Residential Two Household Medium Density District to PLI,
Public Lands and Institutions District.
Project Location: The property is described as various portions of Lot 3A of Minor
Subdivision No. 201A, located in the S½ of Section 4, Township 2S, Range 5E, of
P.M.M, City of Bozeman, Gallatin County, Montana. The project is generally
located between Durston Road and W. Oak Street (as extended), east of Laurel
Parkway and north of Annie Street (as extended).
Recommendation: Approval with contingencies
Recommended Motion: Having reviewed and considered the application materials, public
comment, the deliberations and recommendation of the Zoning Commission at the
March 18, 2014 Zoning Commission meeting and all the information presented, I
hereby adopt the findings presented in the staff report for application Z14030 and
move to approve the zone map amendment with contingencies.
Report Date: Tuesday, April 01, 2014 (Updated March 27, 2014 for presentation to the
City Commission)
Staff Contact: Doug Riley, Senior Planner
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
No unresolved issues have been identified at this time.
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Project Summary
The applicant proposes this Zone Map Amendment (ZMA) to adjust several existing zoning
districts for a piece of vacant property. This property is part of an area annexed and zoned in
the early 2000’s as part of the Laurel Glen development. A new owner has obtained the
property and is now pursuing development. These adjustments in zoning districts are
proposed in order to coordinate with the future subdivision design and the applicant’s
proposed land uses (see the applicant’s submittal map on page 7 of this report). This
amendment is proposed (and is necessary) prior to a future subdivision preliminary plat
application for the subject property.
Proposed acreage/zoning district adjustments summary:
1) 0.67 acres from R-2, Residential Two Household Medium Density District to R-4,
Residential High-Density District;
2) 0.21 acres from R-4, Residential High-Density District to R-2, Residential Two
Household Medium Density District;
3) 0.15 acres from PLI, Public Lands and Institutions District to R-2, Residential Two
Household Medium Density District; and
4) 1.35 acres from R-2, Residential Two Household Medium Density District to PLI, Public
Lands and Institutions District.
Therefore, these amendments would result in 0.46 acres of additional R-4 zoned property and
1.2 acres of additional PLI zoned property.
No public comment has been received as of the writing of this report.
The Zoning Commission held a public hearing and considered the application on March 18,
2014. There was no public comment at the public hearing. As noted in their attached minutes,
the Zoning Commission unanimously passed a motion recommending this ZMA for approval
to the City Commission with the findings presented in the staff report.
Alternatives
1) Adopt the amendment as requested.
2) Deny the amendment.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
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SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL ................................ 7
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
SECTION 4 - STAFF ANALYSIS AND FINDINGS ............................................................. 8
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 9
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 11
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............. 11
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 13
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 13
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 13
FISCAL EFFECTS ................................................................................................................. 14
ATTACHMENTS ................................................................................................................... 14
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SECTION 1 - MAP SERIES
Surrounding Zoning and Land Uses:
North: (Across W. Oak Street as extended) – Vacant/agricultural lands under the jurisdiction
of Gallatin County
South: (Across Annie Street as extended) – R-1 and R-2 – Proposed residential (Westbrook
Subdivision)
East: R-3 and R-4 - Multi-household and vacant
West: (Across Laurel Parkway) – R-2, R-3 and R-4 - Multi Household and vacant
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Applicant’s Submittal Map
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 shall be identified as the “Boulder Creek Zone
Map Amendment”.
2. That the applicant submit a zone amendment map, titled “Boulder Creek Zone Map
Amendment”, on a 24” by 36” mylar, an 8 ½” by 11” or 8 ½” by 14” paper exhibit, and a
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digital copy of the area to be zoned, acceptable to the Director of Public Works, which will
be utilized in the preparation of the Ordinance to officially amend the City of Bozeman
Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter
of the subject property and zoning districts, 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: Boulder Creek Zone Map Amendment
File: Z14030
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted.
The Development Review Committee (DRC) considered the amendment on February 26,
March 5 and 12, 2014. The DRC did not identify any infrastructure or regulatory constraints
which would impede the approval of the application.
The Recreation and Parks Advisory Board (RPAB), Subdivision Review Committee,
reviewed the application on March 7, 2014 due to the proposed change in PLI zoning as it
relates to this future parkland area. The Committee indicated, as noted in their attached
memorandum, that while they will not formally oppose the rezoning, they do have concerns
over the design that they will take up in the park planning process (i.e. as part of the future
subdivision review). As part of this RPAB review, the applicant also amended their request
to reduce the amount of PLI zoning proposed to be amended to R-2 in order that additional
street frontage will be afforded this future parkland area as well as to provide a trail on the
east side of the PLI area.
The Zoning Commission will hold a public hearing on this ZMA on March 18, 2014, at 121
N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. and the Zoning Commission
will forward a recommendation to the City Commission on the application.
The City Commission will hold a public hearing on the ZMA on April 7, 2014. The meeting
will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. The City
Commission will make the final decision on the application.
SECTION 4 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following:
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Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The site is designated as Residential on Figure 3-1 in the Bozeman Community Plan.
Table C-16 of the growth policy shows R-2, R-4 and PLI as implementing districts for the
Residential designation. A review of the applicable goals and objectives of the growth policy
has not identified any specific conflicts with the non-mapped elements of the document.
These zoning amendments would result in the addition of 0.46 acres of R-4 zoned property
which is supported by the Urban Density principle in Chapter 3 of the Community Plan
which states:
Fundamental to the efficient and cost-effective provision of urban services, multi-modal
transportation oriented development, and a compact development pattern is a
concentration of persons and activities (emphasis added). Density of development must
also be balanced against community character, parks and open spaces, and the housing
choices of citizens. Quality site and architectural design will materially affect the success
and acceptability of urban density and scale of development.
These zoning amendments would also result in the addition of 1.2 acres of PLI zoned
property for future parkland purposes which is supported by Goal R-1 of the Community
Plan which states:
Goal R-1: Provide for accessible, desirable, and adequately maintained public parks, open
spaces, trail systems, and recreational facilities for residents of the community.
B. Secure safety from fire and other dangers.
Neutral. The same standards for emergency access, fire protection, and related issues apply
to any of the zoning districts. The area is within the City’s emergency service locations and is
provided with 911 and other necessary services. Building permits will apply within these
districts to ensure correct construction techniques, building exiting, and other safety concerns
have been addressed.
C. Promote public health, public safety, and general welfare.
Neutral. As discussed in Criterion B, there are many standards which apply equally to these
zoning districts. The generally adopted standards of the municipal code will ensure adequate
supply for sanitation, clean water, stormwater control and other items which would possibly
affect this criterion.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. No dedication of rights-of-way or construction of facilities is required because of the
change in zonings. The subsequent subdivision or site plan development review process will
require demonstration of adequate transportation and other facilities. The City’s development
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standards require mitigation of site impacts to infrastructure and therefore this criterion is
met.
E. Reasonable provision of adequate light and air.
Yes. The R-2, R-4 and PLI districts have been evaluated against this criterion during the
legislative adoption of the districts. It has been determined that the districts comply. Future
parkland dedication calculations, on-site open space, and building setback requirements
imposed at time of development will ensure this criterion is met.
F. The effect on motorized and non-motorized transportation systems.
Neutral. These relatively minor changes in zoning designations should not have a substantial
effect on existing or future motorized or non-motorized transportation systems. There would
likely be an increase in future traffic levels due to the additional 0.46 acres of R-4 zoned
property but this impact will be required to be mitigated or addressed as part of the future
subdivision or site plan review process for the property. Non-motorized transportation (i.e.
bike, sidewalks, trails, etc.) will also be addressed as part of any future subdivision or site
plan review application.
G. Promotion of compatible urban growth.
Yes. The R-2, R-4 and PLI zoning districts are already established on this property and were
previously deemed to be appropriate urban zoning districts for this area. The relatively minor
changes proposed to these existing zoning districts do not affect the overall growth pattern
previously deemed compatible and appropriate for this area. Therefore, this criterion is met.
H. Character of the district.
Yes. Again, these zoning districts are already established on this property and were
previously deemed to be appropriate for the character of the district. The character of this
area is residential in nature and these relatively minor changes to these zoning districts will
not alter this character.
As stated in Section 38.08.010.A “There is a rebuttable presumption that the uses set forth for
each district will be compatible with each other when the standards of this chapter are met
and any applicable conditions of approval have been satisfied.” The future subdivision or
site plan review process will enable the evaluation of any peculiar impacts of proposed
development and mitigation as needed.
I. Peculiar suitability for particular uses.
Neutral. The site is well situated for residential uses with near proximity to education
facilities, parks, and open spaces. The relatively minor changes proposed to these existing
zoning districts would not substantially alter the suitability of this property to accommodate
these residential uses.
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J. Conserving the value of buildings.
Neutral. There are no buildings on the site and there are no existing buildings in close
proximity to the areas proposed to be rezoned. The future subdivision or site plan review
process for these districts will enable the evaluation of any peculiar impacts of proposed
development and mitigation as needed.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The sum of the findings regarding the other criteria indicates that these relatively minor
changes in zoning remain appropriate uses of the subject property. The property is well
situated for residential uses.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation and Land Uses:
R-2 and R-4 Zoning Districts: The purposes for the districts are described in the
following excerpts from Section. 38.08.010.A. “The intent and purpose of the residential
zoning districts is to establish areas within the city that are primarily residential in
character and to set forth certain minimum standards for development within those areas.
The purpose in having more than one residential district is to provide opportunities for a
variety of housing types and arrangements within the community while providing a basic
level of predictability. There is a rebuttable presumption that the uses set forth for each
district will be compatible with each other when the standards of this chapter are met and
any applicable conditions of approval have been satisfied. Additional requirements for
development apply within overlay districts. All development is subject to section
38.01.050. Residential density is correlated with many community goals and objectives
that are contained in the city's adopted growth policy, as well as many standards and
purposes of this chapter. Section 38.08.090 sets standards for minimum densities in
residential districts which will advance these goals, objectives, and purposes.”
“3. The intent of the R-2 residential two-household medium density district is to provide
for one- and two-household residential development and related uses within the city in
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areas that present few or no development constraints, and for community facilities to
serve such development while respecting the residential quality and nature of the area.
5. 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.”
PLI Zoning District: “The intent of the PLI public lands and institutions district is to
provide for major public and quasi-public uses outside of other districts. Not all public
and quasi-public uses need to be classified PLI. Some may fit within another district,
however larger areas will be designated PLI.”
Adopted Growth Policy Designation:
The growth policy designation for the amendment area and the surrounding area is
Residential which is defined as:
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
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.
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APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Project Description: The property is described as various portions of Lot 3A of Minor
Subdivision No. 201A, located in the S½ of Section 4, Township 2S, Range 5E, of P.M.M,
City of Bozeman, Gallatin County, Montana. The project is generally located between
Durston Road and W. Oak Street (as extended), east of Laurel Parkway and north of Annie
Street (as extended). Maps of the location are located in Section 1 of this report.
The proposal is to rezone approximately 0.67 acres from R-2, Residential Two Household
Medium Density District to R-4, Residential High-Density District; 0.21 acres from R-4,
Residential High-Density District to R-2, Residential Two Household Medium Density
District; 0.15 acres from PLI, Public Lands and Institutions District to R-2, Residential Two
Household Medium Density District and 1.35 acres from R-2, Residential Two Household
Medium Density District to PLI, Public Lands and Institutions District as allowed by Article
38.37 of the Bozeman Municipal Code.
Project Background: The project area is part of an area annexed and zoned in the early
2000’s as part of the Laurel Glen development. A new owner has obtained the property and
is now pursuing development. This amendment is proposed prior to a future subdivision
preliminary plat application for the same property. These adjustments in zoning districts are
proposed in order to coordinate with the future subdivision design and proposed land uses.
This amendment is proposed (and is necessary) prior to the future subdivision preliminary
plat application primarily due to the fact that the applicant’s proposed preliminary plat
detailed residential lots within portions of the currently zoned PLI district which are not a
permitted land use in said zoning district.
APPENDIX C – NOTICING AND PUBLIC COMMENT
No public comments have been received to date. Noticing was posted on site, published in
the Bozeman Daily Chronicle, and mailed to all owners within 200 feet of the outer perimeter
of the property. Notice was provided at least 15 and not more than 45 days prior to the
Zoning Commission public hearing on March 18, 2014 and the City Commission public
hearing tentatively scheduled for April 7, 2014.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Four Corners Construction, LLC, 125 Central Ave., Bozeman, MT 59718
Representative: C&H Engineering & Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT
59718
Report By: Doug Riley, Senior Planner
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FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
ATTACHMENTS
March 18, 2014 Zoning Commission Meeting excerpt, Recreation and Parks Advisory Board
(RPAB) Subdivision Review Committee Memorandum, Application materials The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
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