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HomeMy WebLinkAboutCity Commission Meeting of Bozeman, Montana Agenda Packet 2007-02-12 18-00_95-127_Billion-Norton Growth Policy Amendment, #P-06065 Report compiled on February 6, 2007 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Jody Sanford, Senior Planner SUBJECT: Billion-Norton Growth Policy Amendment Application #P-06065 MEETING DATE: Monday, February 12, 2007 RECOMMENDATION: The City Commission considers the recommendations from staff and the Planning Board, and takes action on this application. If this application is approved, the contingencies listed on Page 2 of Planning Board Resolution #P-06065 should be noted. BACKGROUND: The proposed amendment would amend the growth policy land use designation, as shown on the Future Land Use Map of the Bozeman 2020 Community Plan, from “Residential” to “Community Commercial” for approximately 34.0 acres. The site is located in the southwest corner of the intersection of Cottonwood Road and West Babcock Street. At their January 17, 2007 public hearing the City of Bozeman Planning Board voted 5 in favor and 1 against to forward a formal recommendation of approval. UNRESOLVED ISSUES: Whether to approve this growth policy amendment or not. Staff is recommending denial of this application, preferring to evaluate this considerable change as part of the overall 2020 Plan Update. However, the Planning Board found that this application would satisfy the required review criteria, and recommended approval of the application to the City Commission. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues, along with increased costs to deliver municipal services to the property, when the property is developed. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Jody Sanford at jsanford@bozeman.net if you have any questions. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager ATTACHMENTS: Planning Board Resolution #P-06065 Minutes of the Planning Board’s January 17, 20007 public hearing Staff report Aerial photo Applicant’s submittal materials Public comment letters 95 Billion-Norton GPA 1 RESOLUTION #P-06065 RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING AN APPLICATION TO AMEND THE LAND USE DESIGNATION, AS SHOWN ON THE FUTURE LAND USE MAP, FROM “RESIDENTIAL” TO “COMMUNITY COMMERCIAL” FOR APPROXIMATELY 34.0 ACRES OF PROPERTY WHICH IS DESCRIBED AS THE NE¼SE¼ LESS 41 FEET X 1,320 FEET ON THE EAST SIDE, SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1- 601, M.C.A.; and WHEREAS, Section 76-1-604(3)(a), M.C.A. allows local governments to revise growth policies if the same procedures for adoption of the growth policy are followed; and WHEREAS, Section 2.4.1 of the Bozeman 2020 Community Plan, the City’s growth policy, sets forth the procedures and review criteria for growth policy amendments; and WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the Bozeman City Commission as provided for in Section 76-1-101, M.C.A.; and WHEREAS, Section 2.4.1 of the Bozeman 2020 Community Plan states that the Planning Board must conduct a public hearing for all growth policy amendment requests, and must forward a recommendation to the City Commission; and WHEREAS, Joe Billion applied for a growth policy amendment, pursuant to Section 2.4.1 of the Bozeman 2020 Community Plan, to revise the Bozeman 2020 Community Plan by amending the land use designation, as shown on the Future Land Use Map, from “Residential” to “Community Commercial” for approximately 34.0 acres; and WHEREAS, the proposed growth policy amendment request has been properly submitted, reviewed and advertised in accordance with the procedures set forth in Section 2.4.1 of the Bozeman 2020 Community Plan; and WHEREAS, the City of Bozeman Planning Board held a public hearing on January 17, 2007, to formally receive and review all written and oral testimony on the proposed growth policy amendment; and 96 Billion-Norton GPA 2 WHEREAS, 2 members of the public spoke at the public hearing and expressed support for the application; and WHEREAS, the Planning Board members were supportive of the application because they wanted to see the applicant expand his business in the City of Bozeman and the Planning Board had advised the applicant to seek this amendment; and WHEREAS, after considerable discussion the Bozeman Planning Board was able to find that the proposed growth policy amendment complied with the four criteria for consideration established in Section 2.4.1 of the Bozeman 2020 Community Plan; and NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, upon a vote of 5 in favor and 1 against, officially recommends to the Bozeman City Commission that the application to amend the land use designation in the Bozeman 2020 Community Plan, as shown on the Future Land Use Map, from “Residential” to “Community Commercial” for approximately 34.0 acres on property which is described as the NE¼SE¼ less 41 feet X 1,320 feet on the east side, Section 9, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, be approved subject to the following contingencies: 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 “Billion-Norton Growth Policy Amendment” to the Planning Department containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Planning 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 the Future Land Use Map of the Bozeman 2020 Community Plan. DATED THIS DAY OF , 2007, Resolution #P-06065 _____________________________ ____________________________ Andrew Epple, Planning Director Dave Jarrett, Acting President Dept. of Planning & Community Development City of Bozeman Planning Board 97 1 ** MINUTES ** CITY OF BOZEMAN PLANNING BOARD, COMMISSION MEETING ROOM, CITY HALL WEDNESDAY, JANUARY 17TH, 2007 7:00 P.M. ITEM 1. CALL TO ORDER AND ATTENDANCE Acting President, Dave Jarrett called the meeting to order at 7:01PM and asked the secretary to record the attendance. He announced a new Planning Board member who is the county representative and introduced Mr. William Quinn. Mr. Jarrett asked him to give the board members a little background on his experience. Mr. Quinn stated he retired from the Montana Department of Livestock and has been a resident since 1969. He volunteered for this advisory position to assist in providing creative input for the planning process. Members Present: Members Absent: Dave Jarrett JP Pomnichowski (excused) Brian Caldwell Randy Carpenter (excused) Caren Roberty Steve Kirchhoff, Commission Liaison Edward Sypinski Erik Henyon William Quinn Guests Present: Kirsten Emborg Tom Henesh Greg Stratten Erik Nelson Ileana Indreland Mike Delaney Bret Olson Joe Billion ITEM 2. PUBLIC COMMENT (0-15 MINUTES) {Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.} Seeing there was none, Mr. Jarrett closed this portion of the meeting. ITEM 3. MINUTES OF JANUARY 17TH, 2007. Seeing there was no corrections or additions to the minutes, Mr. Sypinski moved to approved the minutes as written, seconded by Mr. Jarrett. All in favor, motion passed 5-0. 98 2 ITEM 4. PROJECT REVIEW Billion/ Norton East GPA #P-06065 – A Growth Policy Amendment Application requested by the owner, Joseph Billion, and applicant, Joe Billion, and representative, Kirsten Emborg, to amend the growth policy by changing the land use designation, as shown on the Future Land Use Map of the Bozeman 2020 Community Plan, from Residential to Community Commercial for 34.0 acres. This property is legally described as NE1/4 SE1/4 less 41 feet X 1,320 feet on the east side, Section 9, T2S, R5E, PMM, Gallatin County, Montana. (Sanford) Staff Report: Senior Planner, Jody Sanford gave the staff report. She noted the applicant is proposing to change the current designation of a large portion of this property from Residential to Community Commercial. Ms. Sanford stated that staff has evaluated this proposal against the review criteria and is recommending denial of this application. She noted staff is concerned about taking such a large portion of this property and change it from high density residential uses to commercial because it is a significant change to the City’s growth policy. This is detrimental to the success of Valley West’s adjacent neighborhood commercial node. Valley West is a large residential subdivision adjacent to this property. Planner Sanford did note that staff is interested working with the applicant in seeing his car dealership expanding in the City of Bozeman. She closed by noting this application could be better addressed during the 2020 Growth Policy update. Questions for Staff: Mr. Erik Henyon asked where the nearest commercial node is located to this property. Ms. Sanford responded the closest commercial node would be north of Durston within the Laurel Glen subdivision. Mr. Henyon asked what the Ridge proposal is zoned for. Ms. Sanford answered the Ridge property is zoned Business Park and the PUD was approved by the City Commission. Applicant Presentation: Ms. Kirsten Emborg, representing Joe Billion, expressed his desire to see the expansion of his twenty year business. In 1995, Mr. Billion approached Dave Norton about purchasing his property to allow the continued growth and success of his family business. The agreement was met after Mr. Norton’s passing. Due to strict guidelines by Nissan, Mr. Billion has been given a deadline of 2012 for expansion of his dealership. Ms. Emborg stated he does not want to change the portion of neighborhood commercial designated property. Kevin Spencer and Tom Henesh from Valley West have been in constant communication with her regarding the commercial growth of this area because it is adjacent to their residential subdivision. She noted they have been approved for 200 acres of residential density. This is six times the size of Mr. Billion's 34 acre tract. The Spencer residential development will help to contribute to the success of these neighborhood commercial nodes. She stated that 99 3 Mr. Billion's proposal to expand his existing development will not threaten the viability of these commercial nodes since Mr. Spencer's development will more than compensate for this change. Both Tom Henesh and Kevin Spencer are in support of this growth policy change. In the past twelve years, Mr. Billion went before the Planning Board on several occasions to get their direction and guidance as to what the city desired to see happen on his property. Ms. Emborg noted their direction was to avoid corridor based commercial development and in March, the Planning Board advised them to proceed with this growth policy amendment application. Mr. Billion realizes that planning staff is willing to work with him, but does not want to take his business outside of city limits. He is planning on putting in a car wash, a body shop, a detail shop, coffee shop, and many other components that could contribute to this neighborhood commercial design and share with the Nissan expansion. This is a perfectly functional and necessary element in a neighborhood commercial area. Questions for Applicant: Dave Jarrett asked Mr. Billion if he owns the land directly to the West of the other side of the creek from his existing dealership. Mr. Billion stated he looked at that property many years ago, but due to wetlands delineation, there is only about nine usable acres. The City Commission back in 1993 directed him to develop to the north because that is where they liked to see commercial nodes. He stated he is aware the city did not want him to have a strip mall of car dealerships along 191, yet he notices there are other dealerships along Huffine. Joe Billion stated he was advised to keep this dealership together. He does not want to buy property out in the county just to accommodate this expansion. It seems to make sense that the current dealership expand its shops and other facilities adjacent to his current location to allow sharing of networks and phone lines that are there. He has 125 employees. This application would trigger a site plan review and he does have a wetland running through this area and would like to put in some trees and possibly a picnic area as a park type buffer to the residential area. Mr. Billion said that with this expansion, he could have up to 250 employees and is also looking at putting in a daycare center to accommodate this growth. He closed by stating that the real time to expand is realistically going to be 2011, and knows he is early with this application but would like to plan ahead. Erik Henyon asked about the added employees and how this expansion will affect this traffic along this area. Mr. Billion noted that with the additional employees, there will be additional customers and Cottonwood is a future arterial. Bill Quinn asked if he owns the property that is currently being used at 19th and Main. Mr. Billion responded he is leasing that from his ex-wife and it is too small to accommodate all the vehicles. He is planning on moving this dealership to his newly expanded lots in this proposal. Brian Caldwell asked if the footprint for his proposed facility is going to be in excess of fourty thousand square feet. Mr. Billion replied that the Ford facility is about fifty thousand square feet and he's thinking about twenty five thousand square 100 4 feet with a shared service area between the dealerships. Mr. Caldwell stated that with the neighborhood commercial, the type of zoning from this is most likely B-1, yet car dealerships are not a permitted use in this zone. He advised Mr. Billion to chose the adequate designation to meet his needs. Planner Sanford stated that if this application were approved, they would have to be given a B-2 designation for a dealership. Ms. Emborg noted that they are going to submit a Community Commercial zoning request when they go before the Zoning Commission. Ed Sypinski noted that since there is so much high density residential across from Cottonwood, he wanted to know how this will be compatible with the surrounding development if this were approved. Mr. Billion stated that with the stream going through the north end of the property, he would like to put a nice park there and feels this would be a buffer to this residential area. He also added that most of the car displays will not be facing the residential area and there will be other proposed small shops in conjunction with this park area that would mix well. Mr. Jarrett reminded Mr. Billion that daycare centers are allowed in R-4 as well. He asked how many acres are leased at the corner of 19th and Main and Mr. Billion responded it is only about five acres. Mr. Jarrett stated there is no where for the public to park and this is not ideal for his dealership. He asked Mr. Billion how many acres he needs in total to expand his business appropriately. Mr. Billion answered he needs about twenty acres per dealership, but will need an additional 10 acres for the service areas. He also stated he does not know what he is going to do with the rest of the property yet, but may possibly put in some storage facilities. Public Comment: Tom Henesh representing Big Sky Land Consulting and speaking on behalf of Norton Properties stated that his client wanted to swap Mr. Billion's residential node in trade for the B-P zoned area of his client's property. However, this has never materialized. Mr. Henesh noted his client will be adding another 600 homes to their property adjacent to this and adding a community commercial node is appropriate. He asked the board where Mr. Billion's business should be located if the city does not want to allow him to further expand his business with this Norton property. He added he is in support up keeping Mr. Billion's business in the location of the proposed application. Both he and his client are in support of this application. Mike Delaney and his wife Ileana Indreland own property close to this proposal. They are both in support of this application. They are doing a mix of development in the surrounding area. Mr. Delaney noted how important it is to have a liveable, walkable community and this application will bring us closer to that objective. He would hate to see Mr. Billion's business move three or four miles west of Four Corners. Questions for Staff: Mr. Jarrett noted there is no car dealership allowed in a B-2 or B-3 zoned area. He asked Planner Sanford to clarify how this could be an allowed use. Ms. Sanford clarified that a car dealership is classified as a retail establishment so it is allowed in the B-2 zone. She added that given the whole range of activities described by the 101 5 applicant, it would be appropriate and is recommended to have a B-2 zoning designation. Bill Quinn stated that adding a commercial node could be detrimental to the adjacent residential properties in the surrounding areas. He suggested that in keeping with the residential appearance on West Babcock, approving this would change the character of that area. He asked if it was possible the client could start the commercial at Fallon instead of starting it at West Babcock. Ms. Sanford noted the city has issues with compatibility on this project and is concerned about moving from residential to commercial uses. She added that the neighbors could possibly bring up concerns about the value of their property once this large scale commercial node is approved. She closed by stating that Cottonwood is designated as a principle arterial in the 2020 Growth Policy so this could accommodate all the incoming and outgoing traffic. Discussion: Brian Caldwell noted it is important to mention that his office in involved with designing an office across from this property and does not feel that this is a conflict of interest. He stated it is a clear case of a perfect plan but difficult to address. Mr. Caldwell noted that the community would have difficulty with an M-1 designation just as much as a B-2 designation. He added that the Planning Board and Commission both directed Mr. Billion to proceed with this growth policy amendment and this should be recognized. This is simply a request to accommodate Mr. Billion's growth and the decisions as to what he wants to put on this property can be decided at a later date. He is in support of this application. Ed Sypinski stated that since the City is undergoing its update of the 2020 Growth Policy Plan, he would prefer to wait for this process in order to look at this property with the correct perspective. In addition to the other comments made, he is in full support of keeping Mr. Billion's business in Bozeman. He closed by noting that this property's designation could be changed during the Growth Policy Update and the application should be addressed at that time. Mr. Sypinski stated they might be done with that update by the end of the year and he will not be in support of this application. Caren Roberty noted that this application does not prove to be deficient in regards to the Growth criteria. It is not inconsistent with the intent of the Growth Policy. She stated that she disagrees with staff's comments and feels that this proposal does not negatively impact the surrounding area. Ms. Roberty closed by stating this project really makes sense and there is no urgency to have this proposal approved immediately. She is inclined to approve this application because it makes sense. Erik Henyon stated this project does make sense and is in favor of the applicant's proposal. He disagrees with staff and feels this meets all the review criteria. Mr. Henyon noted that approving this application is the right thing to do since this is the direction the City gave him. There is no testimony against this project except positive reinforcement that this is a good direction to move in. He will be in support of this application. 102 6 Bill Quinn noted that he will be in agreement with this application. Dave Jarrett thanked the applicants for coming forward with their presentations. He noted to Mr. Sypinski that he does not see the Growth Policy update being completed in a year since the UDO amendments have two years and have yet to be approved. He feels that commercial should not be close to the wetlands in the back of this property. He would like to see some other proposal for the stream corridor besides commercial when the applicant is ready to present their plan. Mr. Jarrett closed by stating he will be in support of this application and should recommend approval. Motion and Vote: Ms. Caren Roberty moved to recommend approval of growth policy amendment application #P-06065. Seconded by Brian Caldwell. Those in favor being Dave Jarrett, Caren Roberty, Erik Henyon, Brian Caldwell, and Bill Quinn. Those against being Ed Sypinski. Motion passed 5-1. ITEM 5. PRESENTATION MSU Long Range Campus Development Plan – A presentation by Walt Banziger to introduce the proposed long range campus plan. This will serve as a guideline to preserve the university’s history and advance its future aspirations. Acting president, Mr. Jarrett stated this item has been postponed to February 6th, 2007. ITEM 6. NEW BUSINESS Mr. Sypinski stated he and two other members of the Planning Board have met with Planning Staff to review the RFQ's for the consultants that will be working on the update for the 2020 Growth Policy. ITEM 7. ADJOURNMENT Dave Jarrett motioned to adjourn the meeting. Seconded by Ed Sypinski. Meeting adjourned at 8:08PM. _______________________________________ _______________________________________ Dave Jarrett, Acting President Andrew Epple, Director of Planning City of Bozeman Planning Board and Community Development, City of Bozeman *City of Bozeman Planning Board meetings are open to all members of the public. If you have a special need or disability, please contact our ADA Coordinator, Ron Brey, at 582-2306 (voice) or 582-2301 (TDD). 103 PLANNING BOARD & CITY COMMISSION STAFF REPORT FILE NO. #P-06065 BILLION/NORTON GROWTH POLICY AMENDMENT #P-06065 Billion/Norton GPA Staff Report 1 Item: Growth Policy Amendment Application #P-06065, to amend the growth policy by changing the land use designation, as shown on the Future Land Use Map of the Bozeman 2020 Community Plan, from Residential to Community Commercial for 34.0 acres. Owner: Joseph C. Billion 1919 West Main Street Bozeman, MT 59718 Applicant: Joe Billion 32 Kean Drive Bozeman, MT 59718 Representative: Kirsten Emborg K. Emborg Consulting 811 O’Connell Drive Bozeman, MT 59715 Date/Time: Before the Bozeman Planning Board on Wednesday, January 17, 2007 at 7:00 in the Commission Meeting Room, Bozeman City Hall, 411 East Main Street, Bozeman. Before the Bozeman City Commission on Monday, February 12, 2007 at 6:00 PM in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman. Report By: Jody Sanford, Senior Planner Recommendation: Denial __________________________________________________________________________________ PROJECT LOCATION AND MAP The subject property is legally described as NE¼SE¼ less 41 feet X 1,320 feet on the east side, Section 9, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. The site is generally situated on the west side of Cottonwood Road, north of the existing JC Billion Auto Plaza complex. The subject property is currently zoned R-4 (Residential High Density District) and B-1 (Neighborhood Commercial District). The subject property is approximately 40.0 acres in size. Please refer to the vicinity map on Page 2. 104 #P-06065 Billion/Norton GPA Staff Report 2 PROPOSAL AND BACKGROUND INFORMATION The applicant is proposing to amend the growth policy by changing the land use designation, as shown on the Future Land Use Map of the Bozeman 2020 Community Plan, from Residential to Community Commercial for 34.0 acres. The subject property is currently annexed and vacant. Approximately 6 acres located in the northeast corner of the subject property is designated Neighborhood Commercial. The applicants are not proposing to change the land use designation for these 6 acres. ZONING DESIGNATION & LAND USES Again, the subject property currently has a B-1 (Neighborhood Commercial District) zoning designation for 6 acres in the northeast corner. The rest of the property is currently zoned R-4 (Residential High Density District). The following land uses and zoning are adjacent to the subject property: North: Vacant and part of the Valley West Development; annexed and zoned B-1 (Neighborhood Commercial District) and R-MH (Residential Manufactured Home District). South: Some land is vacant and some is developed as the Billion Auto Plaza; annexed and zoned B-P (Business Park District). East: Vacant; annexed and zoned B-1 (Neighborhood Commercial District) and R-O (Residential Office District). West: Vacant; approved for annexation with an R-4 (Residential High Density District) zoning designation. If successful in obtaining this growth policy amendment, the applicants will likely seek an appropriate commercial zoning designation. 105 #P-06065 Billion/Norton GPA Staff Report 3 GROWTH POLICY DESIGNATION The 6 acres in the northeast corner of the subject property are currently designated Neighborhood Commercial. This designation is described as follows: Neighborhood Commercial. The smallest scale of the commercial land use designations is, as its name implies, oriented at serving the needs of neighborhoods. This category is typified by smaller scale shops and services and a high level of pedestrian, bicycle, and transit opportunities. Neighborhood Commercial centers are intended to support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. High density residential areas are in close proximity to facilitate the provision of services and opportunities to persons without requiring the use of an automobile. Activities commonly expected in this classification are daycares, smaller scale grocery, bakeries, retail stores, offices, small restaurants, and residences above other activities. Multiple story buildings are encouraged to establish a unique visual character to these areas. The balance of the subject property (34 acres) is currently designated Residential. This designation is described as follows: Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also 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. It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development, any natural constraints such as steep slopes, and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. The applicant is proposing to change the land use designation for the 34 acres currently designated Residential to Community Commercial. This designation is described as follows: Community Commercial. 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, 106 #P-06065 Billion/Norton GPA Staff Report 4 education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. Community Commercial areas are generally 120 to 140 acres in size and are activity centers for an area of several square miles surrounding them. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings. It is considered desirable to have residences on upper floors in some circumstances. The following growth policy designations are adjacent to the subject property: North: Vacant and part of the Valley West Development; designated Neighborhood Commercial and Residential. South: Some land is vacant and some is developed as the Billion Auto Plaza; designated Business Park. The Business Park Designation is described as follows: Business Park. This classification provides for areas typified by office and light industrial uses. Additional uses such as retail, services, or industrial, may be approved if they are compatible with, and in support of, the underlying Business Park intent. East: Vacant; designated Neighborhood Commercial and Residential. West: Vacant; approved for a Residential land use designation. REVIEW CRITERIA According to Section 2.4.1 of the 2020 Plan, any proposed amendment must be approved by an affirmative vote of a majority of the total membership of the City Commission. The burden of proof for the desirability of a proposed amendment and its compliance with the criteria listed below lies with the applicant. Unless all criteria are successfully met, and compliance with the criteria below is supported by demonstrable facts, an amendment shall not be approved. A. 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. This growth policy amendment is being sought to facilitate the expansion of an existing business within the City of Bozeman. Therefore, a change in the subject property’s land use designation would satisfy several goals and objectives of the Bozeman 2020 Community Plan, including: • Goal 7.6.1 – Objective 1. Support business creation, retention and expansion. • Goal 7.6.2 – Objective 4. Foster a diverse economy that will protect the economic climate for existing businesses and maintain opportunities for business expansion. That being said, staff finds that the subject property is most suited for the high-density residential uses allowable with the current Residential land use designation and R-4 (Residential, High Density District) zoning. The subject property is part of the overall Valley West development plan, and was specifically selected for high-density residential uses due to its proximity to the planned and zoned Neighborhood Commercial Center located at the intersection of West 107 #P-06065 Billion/Norton GPA Staff Report 5 Babcock Street and Cottonwood Road. This planning principal of providing high-density residential uses adjacent to a Neighborhood Commercial Center was reiterated in the Future Land Use Map in the 2020 Plan. Having a significant amount of high-density residential units close to this Neighborhood Commercial center satisfies many goals and objectives of the 2020 Plan, including: • Goal 4.9.2 – Objective 5. A Neighborhood Commercial Center will provide uses to meet the consumer demands from surrounding Residential Districts for everyday goods and services, and will be a pedestrian-oriented place that serves as a focal point for the surrounding neighborhood. • Goal 6.6.2 - Objective 1. Develop a land use pattern oriented on half-mile radius neighborhood service centers incorporating employment, recreation, and residential uses. Further, the definition of the Neighborhood Commercial land use designation states the following: “High density residential areas are in close proximity to facilitate the provision of services and opportunities to persons without requiring the use of an automobile.” The 2020 Plan includes the following graphic to illustrate this point: 108 #P-06065 Billion/Norton GPA Staff Report 6 B. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals; if inconsistencies are identified, then additional changes must be provided to remove the inconsistencies. Staff finds that this amendment would be inconsistent with several goals and objectives contained in the 2020 Plan, especially the goals and objectives related to a centers-based development pattern. C. The proposed amendment must be consistent with the overall intent of the growth policy. There are six basic ideas which form the foundation for many of the land use policies contained in the 2020 Plan, one of which is the concept of “centers” or “center-based” development. The description of center-based development includes the following: “The centers are further supported through careful location of higher density housing in a fashion that provides support for commercial operations while providing amenities to residents.” Thirty-four acres of high- density residential development could house 430 (17 net acres X 12 town homes per acre X 2.11 people per household) to 645 (17 net acres X 18 apartment units per acres X 2.11 people per household) people. Eliminating this potential for residential density could jeopardize the viability of the Neighborhood Commercial Center planned and zoned at the intersection of West Babcock Street and Cottonwood Road. Allowances to facilitate the expansion of existing businesses are also consistent with the intent of the 2020 Plan. However, in this particular location, staff finds that Residential uses are more appropriate and consistent with the overall intent of the 2020 Plan than Community Commercial uses. D. The proposed amendment will not adversely affect the community as a whole or significant portion by: 1. Significantly altering acceptable existing and future land use patterns, as defined in the text and maps of this plan. Again, the future land use pattern espoused in the 2020 Plan consists of center-based commercial development in close proximity to residential uses. The subject property was thoughtfully and specifically designated Residential to support an adjacent planned Neighborhood Commercial center. Approval of this amendment would alter the desired land use pattern. 2. 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. AND 3. Adversely impacting existing uses because of unmitigated greater than anticipated impacts on facilities and services. There is an existing sewer main in Cottonwood Road with capacity for development of the subject property. There is an existing water main in Cottonwood Road. Two connections to this main would be required to satisfy looping requirements. 109 #P-06065 Billion/Norton GPA Staff Report 7 West Babcock Street is designated as a Collector in the Greater Bozeman Area Transportation Plan. The developer would be required to construct the south half of this facility the entire width of the subject property. Cottonwood Road is designated as a Principal Arterial. The remaining half of this facility, along the entire frontage of the subject property from West Babcock Street to Fallon Street, would be required to be constructed prior to development. In addition, the developer would be required to construct Fallon Street the entire width of the subject property. A traffic impact study would be required for the project, and may indicate the need for additional offsite improvements. This may include geometric and signalization improvements to the intersections of Cottonwood Road with Huffine Lane, and Cottonwood Road and West Babcock Street. Finally, development of this property may be subject to paybacks for signalization improvements to the Cottonwood Road and Huffine Lane Intersection, and improvements to Cottonwood Road. These infrastructure improvements would be required regardless of whether the property is used for residential or commercial uses. 4. Negatively affecting the livability of the area or the health and safety of the residents. The properties to the north, east and west are planned for Residential uses. Staff finds that the development of the subject property with Residential uses would be more compatible with adjacent Residential uses than would an auto dealership, or any other Community Commercial use. In addition, neighboring property owners invested in their property based upon the subject property’s current Residential land use designation. A change to Community Commercial could negatively impact the investment-backed expectations of neighboring property owners. STAFF FINDINGS/CONCLUSION Planning Staff has reviewed this application for a growth policy amendment against the criteria set forth in Section 2.4.1 (Criteria for Review and Amendment) of the Bozeman 2020 Community Plan. Staff found that this proposal would elicit either an unfavorable or neutral response when evaluated against the required review criteria. Therefore, staff finds that the criteria have not been successfully met, and compliance with the criteria is not supported by demonstrable facts. Based on the evaluation of said criteria and findings by Planning Staff, staff recommends denial of the requested growth policy amendment. While staff finds this particular growth policy amendment to be unsupportable, staff would like to work with the applicant during the update of the 2020 Plan to try to site a new car dealership within the City of Bozeman. Staff is supportive of facilitating the expansion of the applicant’s existing business, and would like the opportunity to work with him to achieve that outcome. Should this growth policy amendment be approved, the following standard growth policy amendment contingencies should be noted: 110 #P-06065 Billion/Norton GPA Staff Report 8 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 “Billion/Norton Growth Policy Amendment” to the Planning Department containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Planning 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 the Future Land Use Map of the Bozeman 2020 Community Plan. The recommendation of the Bozeman Planning Board will be forwarded to the Bozeman City Commission for consideration at its public hearing on February 12, 2007. The City Commission will make the final decision on the application. PUBLIC COMMENT No public comment has been received to date. ATTACHMENTS Applicant’s submittal – The applicant’s response to the growth policy amendment criteria and exhibits. REPORT SENT TO Joe Billion, 32 Kean Drive, Bozeman, MT 59718 Kirsten Emborg, K. Emborg Consulting, 811 O’Connell Drive, Bozeman, MT 59715 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126