HomeMy WebLinkAboutH2 bridger creek
Report compiled on February 12, 2007
Commission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Martin Knight, Assistant Planner
SUBJECT: Bridger Creek Zone Map Amendment Application #Z-07002
MEETING DATE: Tuesday, February 20th, 2007
BACKGROUND: The applicant is proposing to amend the City of Bozeman Zoning Map to
change the municipal zoning designation from B-1 (Neighborhood Business District) to R-3
(Residential Medium Density District) on 7.11 acres of land located at 2401, 2404, & 2405 Birdie
Drive. At their February 6th, 2007 public hearing the City of Bozeman Zoning Commission voted 0
against and 3 in favor of this application. A recommendation of approval has been forwarded.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
RECOMMENDATION: The City Commission approves this application, with the contingencies
listed on Page 2 of Zoning Commission Resolution #Z-07002.
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 Martin Knight at mknight@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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BRIDGER CREEK ZONE MAP AMENDMENT
ZONING COMMISSION & CITY COMMISSION STAFF REPORT FILE NO. Z-07002
Bridger Creek Zone Map Amendment Staff Report, #Z-07002 1
Item: Zone Map Amendment Application #Z-07002 requesting to
amend the City of Bozeman Zone Map to change the municipal
zoning designation from “B-1” (Neighborhood Business
District) to “R-3” (Residential Medium Density District) on
approximately 7.11 acres of land located on Birdie Drive
between Bridger Drive and Boylan Road.
Owner: Golf Course Partners, Inc.
PO Box 3229
Bozeman, MT 59772
Applicant: Rex Easton, Golf Course Partners, Inc.
PO Box 3229
Bozeman, MT 59772
Representative: Bob Lee, Morrison-Maierle, Inc.
901 Technology Blvd.
Bozeman, MT 59771
Date/Time: Before the Bozeman Zoning Commission on Tuesday,
February 6, 2007 at 7:00 p.m. in the City Commission Meeting
Room, City Hall, 411 East Main Street, Bozeman, Montana.
Before the Bozeman City Commission on Tuesday, February
20, 2007, at 6 p.m. in the Community Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, Montana.
Report By: Martin Knight, Planner I
Recommendation: Approval of R-3 with Contingencies
PROJECT LOCATION & MAP:
The 7.11-acre subject property is located at 2401, 2404, and 2405 Birdie Drive, which is generally located
on Birdie Drive between Bridger Drive and Boylan Road. The property is legally described as lots 56, 57,
and 58a, Phase 1, Bridger Creek Subdivision, Gallatin County, Montana. Please refer to the aerial
photograph provided at the end of the Staff Report and to the following vicinity map.
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PROPOSAL AND BACKGROUND INFORMATION
The applicant has made application to the Bozeman Planning Department for a Zone Map Amendment to
amend the zoning designation on the Bozeman Zone Map from “B-1” (Neighborhood Business District)
to “R-3” (Residential Medium Density District) on 7.11 acres of land located at 2401, 2404, and 2405
Birdie Drive, which is generally located on Birdie Drive between Bridger Drive and Boylan Road. The
landowner of the subject property has indicated that with a zoning designation of “R-3,” approximately 30
residential dwelling units may be proposed. Further development of the property will be subject to Site
Plan Review through the Bozeman Planning Department.
A Growth Policy Amendment application for the subject property was approved by the Bozeman City
Commission on September 18th, 2006. This application amended the growth policy by changing the land
use designation, as shown on the Future Land Use Map of the Bozeman 2020 Community Plan, from
Neighborhood Commercial to Residential for the subject property. It was found that the zoning
designation of B-1 (Neighborhood Commercial District) pre-dates the adoption of the Bozeman 2020
Community Plan. Thus, this property was likely designed Neighborhood Commercial in the plan because
it was already zoned as such.
ZONING DESIGNATION & LAND USES
The subject property is currently vacant. The applicants propose a Zone Map Amendment to change the
municipal zoning designation from B-1 to R-3. The intent of the B-1 (Neighborhood Business District)
district is to provide for small scale retail and service activities frequently required by neighborhood
residents on a day to day basis, as well as residential development as a secondary purpose, while still
maintaining compatibility with adjacent residential land uses. Development scale and pedestrian
orientation are important elements of this district.
The intent of the R-3, Residential Medium Density, district is to provide for the development of one- to
five- household residential structures near service facilities within the City. It should provide for a variety
Bridger Creek Zone Map Amendment Staff Report, #Z-07002 2
463
of housing types to serve the varied needs of households of different size, age and character, while
reducing the adverse effect of nonresidential uses. The existing land uses and current zoning designations
located in the immediate area of the subject property are:
North: Single-household residences, zoned R-1 (Residential Single-Household, Low Density
District) and R-3 (Residential Medium Density District);
South: Light manufacturing, commercial, and office uses, zoned M-1 (Light Manufacturing
District);
East: One- to four- household residences, zoned R-3 (Residential Medium Density District);
West: One- to four- household residences, zoned R-3 (Residential Medium Density District).
A portion is un-annexed and un-developed, zoned County A-S (Agriculture Suburban
District).
GROWTH POLICY DESIGNATION
The subject property is currently designated as “Residential” on the Future Land Use Map of the Bozeman
2020 Community Plan.
The “Residential” 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.
Again, a Growth Policy Amendment application for the subject property was approved by the Bozeman
City Commission on September 18th, 2006. This application amended the growth policy by changing the
land use designation, as shown on the Future Land Use Map of the Bozeman 2020 Community Plan, from
Neighborhood Commercial to Residential for the subject properties. It was found that the zoning
designation of B-1 (Neighborhood Commercial District) pre-dates the adoption of the Bozeman 2020
Community Plan. Thus, this property was likely designed Neighborhood Commercial in the plan because
it was already zoned as such.
Bridger Creek Zone Map Amendment Staff Report, #Z-07002 3
464
REVIEW CRITERIA & FINDINGS
According to Section 18.70.020 of the Unified Development Ordinance (UDO), the Bozeman Zoning
Commission shall cause to be made an investigation of facts bearing on each zone map amendment
application. The Zoning Commission must provide necessary information to assure that the action of
each zone map amendment application is consistent with the intent and purpose of the UDO.
Specifically, the investigation must address the following criteria as required in Section 76-02-304, Montana
Code Annotated:
A. Consistency with the City’s growth policy
As previously noted, this property is now designated as “Residential” according to the Bozeman
2020 Community Plan Future Land Use Map. The proposed “R-3” zoning designation is in
compliance with this land use designation. Subsequent site plan design will be evaluated for
compliance with the growth policy during the next stage of the development review process.
B. Lessening of congestion in the streets
This site would be serviced by Birdie Drive, a local street. Increased traffic will occur with
additional residences; however, the additional traffic is not expected to exceed that which is
anticipated with a “Residential” land use designation. During site plan review Staff will review the
impacts to the area’s transportation network system and determine any required mitigating
measures.
C. Securing safety from fire, panic, and other dangers
The regulatory provisions established for all the zoning designations, in conjunction with
provisions for adequate transportation facilities, will address safety concerns with any further
development of the property. For example, a private drive access may not be longer than 150 feet
without a secondary access or an approved turnaround such as a hammerhead or cul-de-sac.
D. Promotion of health and the general welfare
The subject property is currently within the City of Bozeman. Municipal infrastructure extensions
(i.e., water and sanitary sewer) and public services (i.e., police and fire protection) are available to
the property. Connection to City water and sewer will be required upon development. Generally,
the standards of development and accompanying development review processes (subdivision or
site plan) will adequately address the issues of health and general welfare for any zoning
designation.
E. Provision of adequate light and air
The regulatory standards set forth in the UDO for all of the residential zoning districts will provide
the necessary provisions (i.e., yard setbacks, lot coverage, parkland/open space and building
heights), which are intended to provide for adequate light and air for the surrounding
neighborhood and for any additional development on the subject property.
Bridger Creek Zone Map Amendment Staff Report, #Z-07002 4
465
F. Prevention of the overcrowding of land
The UDO limits the number of people living in a household to a maximum of four unrelated
people (see definition of “household” in Section 18.80.1390). Minimum yard setbacks, height
requirements, maximum lot coverage, and required parking are also limiting factors that help
prevent the overcrowding of land.
G. Avoiding undue concentration of population
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. According to the census information for the City of Bozeman the average household
size has been declining from 5.74 in 1930 to 2.48 in 2000. This historical trend is likely to continue
and would indicate that the undue concentration of the population is not a significant issue with
any zoning designation.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and
other public requirements
Again, the subject property is currently within the City of Bozeman. An assessment of the impacts
to infrastructure, public services, parkland, and other community requirements will be evaluated
during further development of the property. This shall the designation of parkland, or cash-in-lieu
of, for the subject properties. This amount will be determined through site plan review for further
development of the property.
I. Reasonable consideration to the character of the district
The character of this part of town is varied. The Bridger Creek Subdivision lies adjacent to the
north, east, and west of the subject property; to the north is primarily single household residences;
to the east and west is a variety of one- to four- household residences; and to the south is a variety
of light manufacturing, commercial, and office uses. Through review of the Growth Policy
Amendment application it was determined that that residential uses would be more appropriate for
the site than previous land use designation.
J. Reasonable consideration to the peculiar suitability of the property for particular uses.
No significant physical constraints are found on the subject property. This property is found to
generally be suitable for residential uses.
K. Conserving the value of buildings
The property is currently vacant. The R-3 zoning designation will not negatively affect the value of
any adjacent buildings and/or land uses.
L. Encouraging the most appropriate use of land throughout the municipality.
The R-3 zoning designation would allow appropriate residential uses of the land without negatively
impacting existing land uses and development. As indicated by the landowner of the subject
Bridger Creek Zone Map Amendment Staff Report, #Z-07002 5
466
property, approximately 30 residential dwelling units may be proposed with a zoning designation
of “R-3.” This density is within the appropriate range for an “R-3” zoning designation.
AGENCY REVIEW
The Planning Office has requested written summary-review comments from the Bozeman Development
Review Committee and other applicable review agencies regarding the request for a zone map amendment.
Comments received as of the writing of this staff report have been outlined above. Additional comments
and/or recommendations received after the date of this report will be forwarded to the governing body.
PUBLIC COMMENT
No public comment has been received to date. Any comments received after the writing of the Staff
Report will be distributed to Commissioners at the public hearing.
STAFF RECOMMENDATION
Should the City Commission choose to accept the request to change the municipal zoning designation, the
Planning Office has recommended that the following ZMA contingencies:
1. The applicant shall submit a zone amendment map to the Department of Planning & Community
Development, titled “Bridger Creek Phase 1 Zone Map Amendment,” within 45 days of approval
by the City Commission on: 1) a 24-inch x 36-inch mylar; 2) an 8½-inch by 11- or 14-inch paper
exhibit; and 3) a digital copy of the area to be rezoned. Said map shall contain the metes and
bounds legal description, description of the boundaries of each specific zoning designation, total
acreage of the property, acreage of each specific zoning designation, and adjoining rights-of-way
and/or street access easements, as certified by a licensed Montana surveyor and acceptable to the
Director of Public Service. A one-time extension of 45 days may be granted by the Planning
Director.
2. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a
metes and bounds legal description and a map of the area to be re-zoned, which will be utilized in
the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map.
3. The Zone Map Amendment exhibit, and legal metes and bounds descriptions, shall include the full
width of the Birdie Drive right-of-way adjacent to the subject properties.
4. With the original annexation and ZMA this property paid Cash-in-Lieu of Water Rights for a
zoning designation of B-1. With a new zoning designation of R-3, additional Cash-in-Lieu of Water
Rights, or equivalent, must be paid prior to approval of the Ordinance for the ZMA.
SUMMARY & CONCLUSION
The Planning Office, Development Review Committee, and other local review agencies have reviewed the
requested Zone Map Amendment and have provided the above comments as they relate to the review
criteria and recommend approval with the above noted contingencies. The recommendation of the
Bozeman Zoning Commission will be forwarded to the Bozeman City Commission for consideration at its
public hearing on February 20, 2007. The City Commission will make the final decision on the
application.
Bridger Creek Zone Map Amendment Staff Report, #Z-07002 6
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IN THE CASE OF PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF
25% OR MORE OF EITHER OF THE AREA OF THE LOTS INCLUDED IN THE
PROPOSED CHANGE; OR THOSE LOTS 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, SUCH AMENDMENT MAY NOT BECOME EFFECTIVE EXCEPT
UPON A FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
CC: Golf Course Partners, Inc., P.O. Box 3229, Bozeman, MT 59772
Morrison-Maierle, Inc., 901 Technology Boulevard, Bozeman, MT 59771
Attachments: Aerial Photograph
Applicant’s Submittal Materials
Bridger Creek Zone Map Amendment Staff Report, #Z-07002 7
468
Bridger Creek Phase 1 ZMA
RESOLUTION NO. Z-07002
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP ON APPROXIMATELY 7.11 ACRES, DESCRIBED AS
LOTS 56, 57, AND 58A, BRIDGER CREEK SUBDIVISION PHASE 1, GALLATIN
COUNTY TO CHANGE THE MUNICIPAL ZONING DESIGNATION FROM “B-1”
(NEIGHBORHOOD BUSINESS DISTRICT) TO “R-3” (RESIDENTIAL MEDIUM
DENSITY DISTRICT).
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WHEREAS, the City of Bozeman has adopted a growth policy pursuant to 76-1-604,
MCA; and
WHEREAS, the Bozeman City Zoning Commission has been created by Ordinance 1604
and Resolution No. 3312 of the City of Bozeman, pursuant to Title 76-2-307, MCA; and
WHEREAS, Morrison-Maierle, Inc. on behalf of Golf Course Partners, Inc. applied for a
Zone Map Amendment, pursuant to Chapter 18.70 of the Bozeman Unified Development
Ordinance to amend the City of Bozeman zoning map on approximately 7.11 acres to change the
municipal zoning designation of “B-1” (Neighborhood Business District) to “R-3” (Residential
Medium Density District) on property legally described as lots 56, 57, & 58a, Bridger Creek
Subdivision Phase 1, Gallatin County; and
WHEREAS, the proposed Zone Map Amendment has been properly submitted,
reviewed, and advertised in accordance with the procedures set forth in Chapter 18.70 of the
Bozeman Unified Development Ordinance; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on Tuesday,
February 6th, 2007 to receive and review all written and oral testimony on the request for a Zone
Map Amendment; and
WHEREAS, no members of the general public spoke in opposition to the requested zone
map amendment; and
WHEREAS, the City of Bozeman Zoning Commission was able to find the request for a
zone map amendment generally complies with the twelve (12) criteria established in
Section 76-2-304, MCA; and
WHEREAS, the City of Bozeman Zoning Commission finds that the request for a zone
map amendment is consistent with the intent and purpose of Chapter 18.70 “Zoning Map
Amendments” of the City of Bozeman Unified Development Ordinance; and
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning Commission,
on a vote of 3-0, officially recommends to the Bozeman City Commission approval of zoning
application #Z-07002 to amend the Bozeman zoning map to change the zoning designation from
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B-1 (Neighborhood Business District) to R-3 (Residential Medium Density District) for 7.11 acres
of said property which is described as lots 56, 57, & 58a, Bridger Creek Subdivision Phase 1, Gallatin
County, subject to the following contingencies:
1. The applicant shall submit a zone amendment map to the Department of Planning &
Community Development, titled “Bridger Creek Phase 1 Zone Map Amendment,” within 45
days of approval by the City Commission on: 1) a 24-inch x 36-inch mylar; 2) an 8½-inch
by 11- or 14-inch paper exhibit; and 3) a digital copy of the area to be rezoned. Said map
shall contain the metes and bounds legal description, description of the boundaries of each
specific zoning designation, total acreage of the property, acreage of each specific zoning
designation, and adjoining rights-of-way and/or street access easements, as certified by a
licensed Montana surveyor and acceptable to the Director of Public Service. A one-time
extension of 45 days may be granted by the Planning Director.
2. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description and a map of the area to be re-zoned, which
will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman
Zoning Map.
3. The Zone Map Amendment exhibit, and legal metes and bounds descriptions, shall include
the full width of the Birdie Drive right-of-way adjacent to the subject properties.
4. With the original annexation and ZMA this property paid Cash-in-Lieu of Water Rights for a
zoning designation of B-1. With a new zoning designation of R-3, additional Cash-in-Lieu of
Water Rights, or equivalent, must be paid prior to approval of the Ordinance for the ZMA.
DATED THIS 7TH DAY OF FEBRUARY 2007 Resolution No. Z-07002
_________________________________ ________________________________
Andrew Epple, Planning Director Peter Harned, Acting Chairperson
City of Bozeman Department of City of Bozeman Zoning Commission
Planning and Community Development
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