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HomeMy WebLinkAbout4-02-07 Report compiled on March 28, 2007 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Allyson Bristor, Associate Planner SUBJECT: Story Mill Neighborhood ZMA, #Z-07014 MEETING DATE: Monday, April 2nd 2007 RECOMMENDATION: The City Commission approves the zone map amendment, with the three standard contingencies as listed within the Staff Report. BACKGROUND: This is zone map amendment application for 100.74 acres surrounding the intersection of Griffin Drive and Story Mill Road, 23.51 acres are concurrently being considered for annexation to the Bozeman City limits and are for an initial municipal zoning designation. The proposed zoning is a mix, including “B-2” (Community Business District), “B-1” (Neighborhood Business District), “R-S” (Residential Suburban District), “R-2” (Residential Two-Household, Medium Density District) and “R-4” (Residential High Density District). UNRESOLVED ISSUES: There are no unresolved issues at this time. FISCAL EFFECTS: Detailed fiscal impacts are undetermined at this time. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Allyson Bristor @ abristor@bozeman.net if you have any questions. APPROVED BY: Andrew C. Epple, Planning Director Chris Kukulski, City Manager ATTACHMENTS: Staff Report Applicant’s submittal 535 STORY MILL NEIGHBORHOOD ZONE MAP AMENDMENT ZONING COMMISSION AND CITY COMMISSION STAFF REPORT FILE NO. Z-07014 Story Mill Neighborhood ZC & CC Staff Report, #Z-07014 1 Item: Zone Map Amendment Application #Z-07014 requesting to amend the City of Bozeman Zone Map to establish a mix of zoning designations, including “B-2” (Community Business District), “B-1” (Neighborhood Business District), “R-S” (Residential Suburban District), “R-2” (Residential Two- Household, Medium Density District) and “R-4” (Residential High Density District), for 100.737 acres surrounding the intersection of Griffin Drive and Story Mill Road. Out of the total area, 23.513 acres are an initial zoning request and being concurrently reviewed for annexation to the City of Bozeman limits and a Growth Policy Amendment, and the remaining 77.224 acres are currently zoned City lands. Property Owners: Blue Sky Development, Inc. 6730 Tawney Brown Lane Bozeman MT 59718 Wake Up Inc. 402 Bonner Lane Bozeman MT 59715 Clifford & Sally Franklin Christie 1015 East Griffin Drive Bozeman, MT 59715 Applicant: GoBuild Inc. 6730 Tawney Brown Lane Bozeman MT 59718 Representative: Hyalite Engineers & GBD Architects 2066 Stadium Drive, Ste. 203 Bozeman, MT 59715 Date/Time: Before the Bozeman Zoning Commission on Tuesday, March 20th 2007 at 7:00 PM and before the Bozeman City Commission on Monday, April 2nd 2007 at 6:00 PM, both located in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Report By: Allyson C. Bristor, Associate Planner Recommendation: Approval of the proposed zoning, including “B-2,” “B-1,” “R-4,” “R-2,” and “R-S,” with standard contingencies 536 PROJECT LOCATION & MAP The 100.737-acre subject property is generally located surrounding the intersection of Griffin Drive and Story Mill Road. The property’s legal description is quite extensive and is attached to this report. Please refer to the maps below, which show the existing zoning on the left and the proposed zoning on the right. PROPOSAL AND BACKGROUND INFORMATION Property owners Blue Sky Development, Inc., Wake Up, Inc. and Clifford and Sally Franklin Christie submitted an application to amend the City’s current Zoning Map in accordance with Chapter 18.70 of the Bozeman Unified Development Ordinance. The amendment requests to establish a mix of zoning designations, including “B-2” (Community Business District), “B-1” (Neighborhood Business District), “R-S” (Residential Suburban District), “R-2” (Residential Two-Household, Medium Density District) and “R-4” (Residential High Density District), for 100.737 acres surrounding the intersection of Griffin Drive and Story Mill Road. Out of the total area, 23.513 acres are an initial zoning request and are being concurrently reviewed for annexation to the City of Bozeman limits and a Growth Policy Amendment, and the remaining 77.224 acres are currently zoned City lands. The purposes of the zone map amendment, and the affiliated growth policy amendment and annexation, are to extend municipal water and sanitary sewer infrastructure to the property, obtain public services (i.e., police and fire) and to develop at urban densities that allow the opportunity for mixed-use development. Story Mill Neighborhood ZC & CC Staff Report, #Z-07014 2 537 ZONING DESIGNATION & LAND USES The 23.513 acres proposed for an initial municipal zoning designation, and concurrently being reviewed for annexation, is located within the Gallatin County Bozeman Area Zoning District and has a zoning designation of “M-1” (Light Industrial District) and “A-S” (Agricultural Suburban). The majority of the property is located within the City limits of Bozeman. Several zoning districts are currently applied to the property including, “BP” (Business Park), “M-1” (Light Manufacturing), “R-4” (High Density Residentia) and “R-MH” (Residential Manufactured Home). The following broad range of land uses and zoning are adjacent to the subject property: North: Industrial and agricultural. Unannexed, zoned “M-1” (Light Manufacturing District) and “A-S” (Agricultural Suburban District). Offices, manufactured homes, detached homes. Annexed and zoned “R-MH” (Residential Manufactured Home District) and “R-S” (Residential Suburban District) and “M-1” (Light Manufacturing District). South: Not annexed, Gallatin County Bozeman Area Zoning District designations of “R-S” (Residential Suburban). Offices and warehousing, Annexed and zoned “M-1” (Light Manufacturing District). East: Not annexed, Gallatin County Bozeman Area Zoning District designations of “R-S” (Residential Suburban). Detached residences and agricultural land in the Story Hills area. West: Industrial, vacant land, City lower yards. Annexed and zoned, “M-1” (Light Manufacturing District) and “PLI” (Public Lands and Institutions) GROWTH POLICY DESIGNATION Existing The subject property is currently designated as Business Park, Industrial, Residential and Suburban Residential on Figure 6-2, Future Land Use Map of the Bozeman 2020 Community Plan. These designations are 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. Industrial. This classification provides areas for the heavy uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In order to protect the economic base and necessary services represented by industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger community and should meet basic standards for landscaping and other site design issues and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony. 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, Story Mill Neighborhood ZC & CC Staff Report, #Z-07014 3 538 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 type housing being 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 classification. Suburban Residential. This category indicates locations generally outside of City limits but within the Planning Area where the land development pattern has already been set by rural subdivisions. Subdivisions in this area are generally characterized by lots two acres in size or less. It is probable that portions of this area may be proposed for annexation within the next twenty years. Any further development within this area should be clustered to preserve functional open space and allow for more advanced sewage disposal than individual septic tanks. If development is proposed at overall densities in excess of one dwelling per acre, and/or the development proposal lies within the waste water and water treatment planning boundaries, annexation to the City should be completed prior to development. Proposed The applicants are currently proposing a Growth Policy Amendment that changes the land use designation on the subject property to a combination of designations, including “Neighborhood Commercial” on 6.814 acres, “Community Commercial” on 3.471 acres, “Residential” on 87.915 acres, “Industrial” designation on 5.177 acres, and “Parks, Open Space, & Recreation” designation on 3.206 acres. These designations are 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. 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, Story Mill Neighborhood ZC & CC Staff Report, #Z-07014 4 539 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. 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 type housing being 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 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. Industrial. This classification provides areas for the heavy uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In order to protect the economic base and necessary services represented by industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger community and should meet basic standards for landscaping and other site design issues and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony. Parks, Open Space, and Recreational Lands. All publicly owned recreational lands, including parks, fall within this category, as well as certain private lands. These areas are generally open in character and may or may not be developed for active recreational purposes. Story Mill Neighborhood ZC & CC Staff Report, #Z-07014 5 540 The following growth policy designations are adjacent to the subject property: North: Residential and Industrial. South: Industrial, Residential, Future Urban. East: Suburban Residential and Future Urban. West: Industrial and Public Institutions. 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 of the Montana Code Annotated: A. Consistency with the City’s growth policy; With the assumption that the current Growth Policy Amendment proposal is approved, the proposed mix of commercial and residential zoning designations would be in accordance with the adopted growth policy land use designations. Future development will be evaluated for compliance with the growth policy during the subdivision/PUD review process. The proposed mix of zoning would satisfy many 2020 Plan goals and objectives, including: • Goal 4.9.1, Community Design–Create a community composed of neighborhoods designed for human scale and compatibility in which services and amenities are convenient, visually pleasing, and properly integrated and designed to encourage walking, cycling, and mass transit use. • Goal 4.9.2 Neighborhood Design–New neighborhoods shall be pedestrian-oriented, contain a variety of housing types and densities, contain parks and other public spaces, and have a commercial center and defined boundaries. • Goal 5.7.1, Housing – Promote an adequate supply of safe housing that is diverse in type, density, and location, with a special emphasis on maintaining neighborhood character and stability. Objective 1 – Encourage and support the construction of a broad range of housing types in proximity to services and transportation options. Objective 4 – Promote the construction of a wide variety of housing types to meet the wide range of residential needs of Bozeman residents. ƒ Goal 6.6.1 Create a sense of place that varies throughout the City, efficiently provide public and private basic services and facilities in close proximity to where people live and work, and minimize sprawl. Objective 6. Support infill development which respects the context of the existing development which surrounds it. • Goal 6.6.2. Centers – Designate centers for commercial development rather than corridors to encourage Story Mill Neighborhood ZC & CC Staff Report, #Z-07014 6 541 cohesive neighborhood development in conjunction with non-motorized transportation options. ƒ Goal 7.6.2 Support balanced policies and programs to encourage a vigorous and diverse economy. ƒ Goal 8.14.2 Identify, protect, and enhance natural resources within the planning area, and the important ecological functions these resources provide. Objective 1. Retain and enhance the benefits wetlands provide such as groundwater and stream recharge, fish and wildlife habitat, flood control, sediment control, erosion control, and water quality. Objective 2. Maintain and enhance floodplain capacity for conveying and storing floodwaters. Objective 3. Protect riparian corridors to provide wildlife habitat and movement areas, and to buffer water bodies. ƒ Goal 8.14.4 Maintain a natural and attractive aesthetic character for the Bozeman Area. ƒ Goal 10.8.2 Ensure that a variety of travel options exist which allow safe, logical, and balanced transportation choices. Objective 1. For the purposes of transportation and land use planning and development, nonmotorized travel options and networks shall be of equal importance and consideration as motorized travel options. This balance shall ensure that a variety of travel opportunities are available which do not require the use of automobiles for all local trips. Objective 3. Reduce the impact of the automobile by supporting land use decisions that can decrease trip length of automobile travel and encourage trip consolidation. ƒ Goal 10.8.4 Pathways–Establish and maintain an integrated system of transportation and recreational pathways, including bicycle and pedestrian trails, neighborhood parks, green belts and open space. Objective 1. Coordinate development of non-motorized transportation systems in conjunction with motorized vehicular transportation systems. Objective 2. Create and maintain an interconnected and convenient pedestrian and bicycle network for commuting and recreation as discussed and described in the transportation facility plan and in coordination with the design standards of the transportation facility plan and the Parks, Open Space, and Trails Plan B. Lessening of congestion in the streets; The subject property is surrounded by a major street network, including Bridger Drive, Story Mill Road and East Griffin Drive. Increased traffic will certainly occur when residences are developed; however, as part of the terms of annexation, street improvements including paving, curb/gutter, sidewalk and storm drainage facilities, will occur for the following streets: Rouse Avenue, Story Mill Road, Bridger Drive, Griffin Drive, L Street and Oak Street. A traffic study will also be required upon further development, and the DRC will evaluate the impacts to the area’s transportation network system and make recommendations regarding mitigation measures. The proposed mix of zoning, including the neighborhood commercial node, will allow higher density development that will encourage opportunities for biking, walking and mass transit. As the transportation network diversifies, vehicular congestion in the streets will decrease. All future development on the subject property will undergo the required subdivision/PUD design review process and at that time, it will be determined if the major street network is meeting the required level of services (LOS). Per Chapter 18.02 of the UDO, the City of Bozeman’s has the Story Mill Neighborhood ZC & CC Staff Report, #Z-07014 7 542 authority and power to ask for more than the minimum standards if it ensures the best service to the public interest. C. Securing safety from fire, panic, and other dangers; The regulatory provisions established in all of the proposed 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 development of the property. All new structures and development on the subject property would be required to meet the minimum zoning requirements for setbacks, lot coverage, height limitations and lot sizes to ensure the health, safety and general welfare of the community. Per Chapter 18.02 of the UDO, the City of Bozeman’s has the authority and power to ask for more than the minimum standards if it ensures the best service to the public interest. D. Promotion of health and the general welfare; Annexation to the City of Bozeman is concurrently being sought for the subject property with this zone map amendment request. Municipal infrastructure extensions (i.e., water and sanitary sewer) and public services (i.e., police and fire protection) will be available to the subject site if the City Commission grants the annexation request. Connection to City water and sewer will generally eliminate the need for wells and on-site septic systems. Generally, the standards of development, and accompanying development review processes or building permit applications, 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 and commercial 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 all existing and new development on the subject property (including building interior ventilation). F. Prevention of the overcrowding of land; In regards to the proposed residential zoning, 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. Also at the time of further development, wetland delineation (as described in Chapter 18.48 of the UDO) will note areas of the subject property that are unacceptable for any form of development, therefore preventing the overcrowding of the land. G. Avoiding undue concentration of population; Future development of the subject property as re-zoned under this proposal will result in a density increase beyond what currently exists. 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. 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 Story Mill Neighborhood ZC & CC Staff Report, #Z-07014 8 543 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 residential zoning designation. H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; The Bozeman 2020 Community Plan identifies the subject property as lying within the Bozeman 2020 Community Plan’s planning boundary (Figure 6-2) and within the Capital Facilities Overlay District, as shown in the 1998 Wastewater Facility Plan and the recent 2006 update to the plan. The Capital Facilities Overlay District is intended to establish a priority area for development within the larger scope of the Bozeman 2020 Community Plan future land use plan. The designation of the Capital Facilities Overlay District designates an area within the long-range growth area of the City where services would be most efficiently provided in the near term and where development in the near term would advance the goals of the 2020 Plan. The sewer mains to serve this property have been planned for and exist in part. Extensions of mains will be required and can be placed along existing public streets. The developer will be responsible for any extensions into private property. The City has begun the process to expand the wastewater plant to accommodate the additional users which would result from development of the property with or without the growth policy amendments. Water is readily available with the large feed from the Lyman Creek water plant crossing the subject property. Extensions to provide immediate service can be provided in accordance with adopted City standards. The City is actively expanding its water plant capacity and a project is planned for this spring to increase the collection at the Lyman Creek plant. Development of the subject property will generate additional traffic. The property is bisected by collector streets and bounded on the north and west by an arterial street. The City is currently funding installation of signals at Griffin Drive and Oak Street where they intersect with Rouse Avenue. The transportation plan has considered development of this area and recommended several changes to add capacity necessary to serve this property. The Montana Department of Transportation is currently doing environmental review on possible expansion of Rouse Avenue. An assessment of the impacts to infrastructure, public services, schools, parkland, and other community requirements will be evaluated during further subdivision and development of the property. Upon further development of the property, a water and sewer comprehensive design report, a stormwater drainage and grading plan, and a traffic impact analysis will be required to ensure adequate infrastructure capacity and/or define needed upgrades in order to develop. Although no correspondence was received from the School District regarding capacity, the school district is mandated by state law to provide facilities to educate every child in the City. Any residential development proposed for the site will require the dedication of parkland adequate in size to serve the new development. I. Reasonable consideration to the character of the district; AND J. Reasonable consideration to the peculiar suitability of the property for particular uses. Story Mill Neighborhood ZC & CC Staff Report, #Z-07014 9 544 The character of the subject property is primarily industrial, agricultural and residential. It is currently used for a variety of activities including a small scale restaurant, abandoned industrial properties, inactive agricultural uses and vacant land. Several existing buildings are contained on the property including the historic Story Mill grain elevators and warehouses, stockyard auction barn, historic Story slaughter house, and others. The property contains several water features and is crossed by the East Gallatin River, Sourdough Creek and unnamed ditches. Several wetland areas are also prevalent. All future development within the area will be subject to, through minimum zoning standards, certain setbacks along the waterways. Industrial uses has little additional requirement and can cover 100% of lot area exclusive of required setbacks. In contrast, residential uses are subject to water course setbacks AND subject to requirements for dedication of parkland, larger yard setback requirements and a 40-50% maximum lot area coverage limit. The consideration of natural amenities and sense of place indicate that the area is probably less well suited for industrial uses than was assumed in the past, and therefore entirely suitable for residential and commercial development. The most important factor in determining the suitability of the proposed zoning designation is the potential for compatibility with existing, adjacent land uses. Lower residential density (“R-2”) is proposed along Bridger Drive to preserve the rural viewshed of the corridor, along the east perimeter (“R-2” and “R-S”) to buffer the commercial center from the Hillside neighbors and along the southeast perimeter (“R-2”) to provide a protective zoning measure for the steep hillside area. Along the southwest light industrial is proposed (“M-1”), which correlates with the existing storage warehouse structures. K. Conserving the value of buildings The proposed neighborhood commercial node includes the principal core of the Story Mill/Northern Pacific Historic District and it is the applicant’s primary goal to preserve the integrity of the district. This commercial location has direct access to the major street network and corresponds to existing buildings of appropriate size and scale to conduct commercial uses. The applicant is extensively investigating all feasible options to rehabilitate and re-adaptively reuse the existing historic buildings on the site. Also, the applicant is consulting with Historic Preservation Advisory Board to ensure the safety of the historic district as a whole with all future development. The proposed placement provides a commercial center in a superior location than previously existed in the area. L. Encouraging the most appropriate use of land throughout the municipality. The residential zoning designations of this proposal are supportive of the overall intent of the growth policy in regards to urban density. Designating the property as residential zoning (“R-S,” “R-2,” and “R-4”) and allowing it to develop within the municipality boundaries, will help to ensure that an acceptable level of urban density is achieved for the City as a whole. Focusing commercial activities into mutually reinforcing centralized areas enables each business to take advantage of the presence of customers and employees of other businesses. It enables greater convenience for people with shorter travel distances to a wide range of businesses and the opportunity to accomplish several tasks with a single trip. This can facilitate the use of transportation alternatives to single occupant motor vehicles, resulting in a corresponding reduction in traffic and road congestion, and air quality impacts. A central location enables greater Story Mill Neighborhood ZC & CC Staff Report, #Z-07014 10 545 access to employment, services, and recreation with a reduced dependence on the automobile, greater efficiencies in delivery of public services, and corresponding cost savings in both personal and commercial applications. AGENCY REVIEW The Department of Planning & Community Development requested written summary-review comments from the Bozeman Development Review Committee and other applicable review agencies regarding the request for the mix of municipal zoning designations. Comments were received by the Community Affordable Housing Advisory Board (CAHAB) and are attached with this report. Additional comments and/or recommendations received after the date of this report will be distributed to the Zoning and City Commission at the public hearings. PUBLIC COMMENT No public comment was received in regards to this project at the time of this report. If comment is received at a later date, it will be distributed to the Zoning and City Commission at the public hearings. STAFF RECOMMENDATION Should the Zoning and City Commission choose to accept the request to establish a mix of zoning designations, including “B-2” (Community Business District), “B-1” (Neighborhood Business District), “R-S” (Residential Suburban District), “R-2” (Residential Two-Household, Medium Density District) and “R-4” (Residential High Density District), the Department of Planning & Community Development has recommended that the following standard ZMA contingencies: 1. That 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. 2. That the ordinance for the Zone Map Amendment shall not be adopted until the Resolution of Annexation is completed and adopted by the City Commission. If the annexation is not approved, the application shall be void. 3. That the applicant submit a zone amendment map, titled “Story Mill Neighborhood Zone Map Amendment,” on: 1.) a 24” x 36” mylar; 2.) an 8 ½” by 11”, or 8 ½” by 14” paper exhibit; and 3.) a digital copy of the area to be zoned, acceptable to the Department of Planning & Community Development, 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, 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. Story Mill Neighborhood ZC & CC Staff Report, #Z-07014 11 546 SUMMARY & CONCLUSION The Department of Planning & Community Development, Development Review Committee and other local review agencies reviewed the requested Zone Map Amendment, and 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 April 2nd 2007. The City Commission will make the final decision on the application. 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: Blue Sky Development, Inc., 6730 Tawney Brown Lane, Bozeman MT 59718 Wake Up Inc., 402 Bonner Lane, Bozeman MT 59715 Clifford & Sally Franklin Christie, 1015 East Griffin Drive, Bozeman, MT 59715 Go Build, Inc., 6730 Tawney Brown Lane, Bozeman MT 59718 Hyalite Engineers & GBD Architects, 2066 Stadium Drive, Ste. 203, Bozeman, MT 59715 Jami Morris Attachments: Applicant’s Submittal Materials Property Legal Description CAHAB Comments Story Mill Neighborhood ZC & CC Staff Report, #Z-07014 12 547 548 549 550 551 Story Mill Neighborhood ZMA 1 RESOLUTION #Z-07014 RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF BOZEMAN ZONING MAP TO ESTABLISH A MIX OF MUNICIPAL ZONING DESIGNATIONS, INCLUDING B-2 (COMMUNITY BUSINESS DISTRICT), B-1 (NEIGHBORHOOD BUSINESS DISTRICT), R-S (RESIDENTIAL SUBURBAN DISTRICT), R-2 (RESIDENTIAL TWO-HOUSEHOLD, MEDIUM DENSITY DISTRICT) AND R-4 (RESIDENTIAL HIGH DENSITY DISTRICT), FOR 100.74 ACRES WHERE 23.51 ACRES ARE AN INITIAL ZONING REQUEST AND BEING CONCURRENTLY REVIEWED FOR ANNEXATION TO THE CITY OF BOZEMAN LIMITS AND THE REMAINING 77.224 ACRES ARE CURRENTLY ZONED CITY LANDS. THE PROPERTY IS LEGALLY DESCRIBED AS TRACT 2B OF C.O.S. 2207B, TRACT 23A OF C.O.S. 1471, SUBJECT TRACT C.O.S. PER FILM 23 PAGE 1625A, TRACT 17 OF NORTHEAST ANNEXATION, TRACT 1 OF C.O.S. 2503, TRACT A OF C.O.S. 2505, TRACT 1T OF C.O.S. 1877A, TRACT 1 OF C.O.S. 1895 AND ADJACENT ROW, AND TRACT K OF C.O.S. 1346 ALL ACCORDING TO C.O.S. 2547; TRACTS 18 AND 20 OF NORTHEAST ANNEXATION, AND PARCELS I AND II PER DOCUMENT #2197608 OF RECORD AT THE GALLATIN COUNTY CLERK AND RECORDER’S OFFICE, AND PARCEL II PER DEED FILM 175 PAGE 2596, AND BRIDGER VIEW MOBILE HOME COURT PLAT PER FILM 9 PAGE 1202, AND BRIDGER VIEW MOBILE HOME COURT NO. 2 PLAT PER FILM 15 PAGE 681, AND TRACT A OF THE SUBDIVISION PLAT OF INDUSTRIAL PROPERTIES AS SHOWN ON C.O.S. J-42-B, AND TRACT G PER PLAT BOOK 147 PAGE 185, AND TRACTS C1 AND C2 OF C.O.S. 1877A, AND THE ADJACENT PORTIONS OF THE STORY MILL SPUR RAILROAD RIGHT-OF-WAY, AND ABANDONED RAILROAD RIGHT-OF- WAY; ALL WHICH ARE LOCATED IN NW¼ OF SECTION 5, AND NE¼ OF SECTION 6, TOWNSHIP 2 SOUTH, RANGE 5 EAST, AND THE SE ¼ OF SECTION 31 AND THE SW ¼ OF SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST P.M.M., GALLATIN COUNTY, MONTANA. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and 552 Story Mill Neighborhood ZMA 2 WHEREAS, Chapter 18.70 of the Bozeman Unified Development Ordinance sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, Blue Sky Development, Inc., Wake Up Inc., Clifford & Sally Franklin Christie, GoBuild Inc., Hyalite Engineers and GBD Architects applied for a zoning map amendment, pursuant to Chapter 18.70 of the Bozeman Unified Development Ordinance, to amend the City of Bozeman Zoning Map to establish a mix of municipal zoning designations including B-2 (Community Business District), B-1 (Neighborhood Business District), R-S (Residential Suburban District), R-2 (Residential Two-Household, Medium Density District) and R-4 (Residential High Density District), for 100.74 acres, where 23.51 acres are concurrently being considered for annexation to the Bozeman City limits. WHEREAS, the proposed zoning map amendment request 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 Title 76, Chapter 2, Part 3, M.C.A.; and WHEREAS, the City of Bozeman Zoning Commission held a public hearing on March 20, 2007, to formally receive and review all written and oral testimony on the proposed zoning map amendment; and WHEREAS, no members of the public spoke at the public hearing in regards to the zoning map amendment request; and WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning map amendment generally complies with the twelve criteria for consideration established in Chapter 18.70 of the Bozeman Unified Development Ordinance; and NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning Commission, on a vote of 4-0, officially recommends to the Bozeman City Commission approval of zoning application #Z-07014 to amend the City of Bozeman Zoning Map to establish a mix of municipal zoning designations including B-2 (Community Business District), B-1 (Neighborhood Business District), R-S (Residential Suburban District), R-2 (Residential Two-Household, Medium Density District) and R-4 (Residential High Density District), for 100.74 acres, where 23.51 acres are concurrently being considered for annexation to the Bozeman City limits, which is legally described as noted above, subject to the following standard contingencies: 1. That 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. 2. That the ordinance for the Zone Map Amendment shall not be adopted until the Resolution of Annexation is completed and adopted by the City Commission. If the annexation is not approved, the application shall be void. 553 3 3. That the applicant submit a zone amendment map, titled “Story Mill Neighborhood Zone Map Amendment,” on: 1.) a 24” x 36” mylar; 2.) an 8 ½” by 11”, or 8 ½” by 14” paper exhibit; and 3.) a digital copy of the area to be zoned, acceptable to the Department of Planning & Community Development, 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, 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. DATED THIS DAY OF , 2007, Resolution #Z-07014 _____________________________ ____________________________ Andrew Epple, Planning Director JP Pomnichowski, Chairperson Dept. of Planning & Community Development City of Bozeman Zoning Commission 554