HomeMy WebLinkAboutFlanders ZMA
Report compiled on May 7, 2007
Commission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Martin Knight, Assistant Planner
SUBJECT: Flanders Townhomes Zone Map Amendment Application #Z-07087
MEETING DATE: Monday, May 14th, 2007
RECOMMENDATION: The City Commission approves this application, with the contingencies
listed on Page 2 of Zoning Commission Resolution #Z-07087.
BACKGROUND: The applicant is proposing to amend the City of Bozeman Zoning Map to
change the municipal zoning designation from R-3 (Residential Medium Density District) to R-4
(Residential High Density District) on approximately 10.90 acres of land located west of
Cottonwood Road, between Annie Street & Sherwood Way, in the Flanders Creek Subdivision. At
their May 1st, 2007 public hearing the City of Bozeman Zoning Commission voted 0 against and 4 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.
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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FLANDERS TOWNHOMES ZONE MAP AMENDMENT
ZONING COMMISSION & CITY COMMISSION STAFF REPORT FILE NO. Z-07087
Flanders Townhomes Zone Map Amendment Staff Report, #Z-07087 1
Item: Zone Map Amendment Application #Z-07087 requesting to
amend the City of Bozeman Zone Map to change the municipal
zoning designation from “R-3” (Residential Medium Density
District) to “R-4” (Residential High Density District) on
approximately 10.90 acres of land generally located west of
Cottonwood Road, between Annie Street & Sherwood Way, in
the Flanders Creek Subdivision.
Owner/Applicant: DMC, Inc.
PO Box 10190
Bozeman, MT 59719
Representative: DMC, Inc.
PO Box 10190
Bozeman, MT 59719
Date/Time: Before the Bozeman Zoning Commission on Tuesday, May 1,
2007 at 7:00 p.m. in the Community Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, Montana.
Before the Bozeman City Commission on Monday, May 14,
2007, at 6 p.m. in the Community Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, Montana.
Report By: Martin Knight, Assistant Planner
Recommendation: Approval of R-4 with Contingencies
PROJECT LOCATION & MAP:
The 10.90-acre subject property is generally located west of Cottonwood Road, between Annie Street &
Sherwood Way, in the Flanders Creek Subdivision. The property is legally described as Blocks 4 and 7,
Flanders 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 “R-3” (Residential Medium Density
District) to “R-4” (Residential High Density District) on approximately 10.90 acres of land, which is
generally located west of Cottonwood Road, between Annie Street & Sherwood Way, in the Flanders
Creek Subdivision.
Blocks 4 and 7 of the Flanders Creek Subdivision were platted as 72 modular lots. In designing homes for
these lots, the property owner, DMC, Inc., has encountered difficulties in utilizing these long and narrow
modular lots. Building permits for 3 duplexes that exceed the R-3 permissible 40% lot coverage were
erroneously permitted; a stop work order was issued prior to the construction of any others and is pending
the outcome of this application. The requested zone map amendment would permit an increase in the
permissible lot coverage, from 40% to 50%, for these properties; an increase in the number of dwelling
units is not proposed nor anticipated. According to the applicant, the proposed R-4 zoning designation
would permit both a functional and affordable home to homebuyers.
ZONING DESIGNATION & LAND USES
With the exception of four townhomes and one duplex, all of the subject properties are currently vacant.
The applicants propose a Zone Map Amendment to change the municipal zoning designation from R-3 to
R-4. 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 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 intent of the R-4 (Residential High Density District) district is to provide for high-density residential
development through a variety of housing types within the City with associated service functions. This
will provide for a variety of compatible housing types to serve the varying needs of the community’s
residents. The net density, as defined in Chapter 18.80, BMC, for new developments shall be 8 dwelling
units per acre or greater. Although some office use is permitted, it shall remain as a secondary use to
residential development. Secondary status shall be measured by percentage of total building area.
Flanders Townhomes Zone Map Amendment Staff Report, #Z-07087 2
358
The existing land uses and current zoning designations located in the immediate area of the subject
property are:
North: Vacant, zoned R-O (Residential Office District);
South: Vacant, zoned R-3 (Residential Medium Density District);
East: Vacant, County zoned Semi Rural Residential (SRR, Zoning District 1);
West: Vacant, zoned R-3 (Residential Medium Density 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.
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:
Flanders Townhomes Zone Map Amendment Staff Report, #Z-07087 3
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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-4” zoning designation is in
compliance with this land use designation.
B. Lessening of congestion in the streets
Through review of the Flanders Creek Subdivision, the impacts to the area’s transportation
network system were determined and the appropriate mitigating measures were taken; thus, these
properties were designed to be serviced by Cottonwood Road (Arterial), Flanders Creek Avenue,
Annie Street, Sherwood Avenue, and Twin Lakes Avenue. While approval of this application may
result in an increase in lot coverage, an increase in the number of dwelling units is not anticipated.
Should an increase in the number of residences occur, zoning regulations, such as setbacks and
parking requirements will ensure unnecessary congestion of the streets.
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. Through review of the Flanders Creek Subdivision, safety issues
such as secondary access, drainage, etc. were addressed.
D. Promotion of health and the general welfare
The subject property is currently within the City of Bozeman. Municipal infrastructure (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.
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
Flanders Townhomes Zone Map Amendment Staff Report, #Z-07087 4
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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. Through review of the
Flanders Creek Subdivision, an assessment of the impacts to infrastructure, public services,
parkland, and other community requirements were evaluated, and appropriate mitigation measures
were taken. A change of zoning to a designation of increased density requires the acquisition of
additional water rights, or cash-in-lieu of, for the subject properties. Since the applicant does not
propose nor intend to exceed the R-3 permissible density, the acquisition of additional water rights
is not being required. This has been appropriately addressed as a condition of approval.
I. Reasonable consideration to the character of the district
The character of this part of town is varied, with developments of urban and suburban style
density found in and around undeveloped tracts of county land. The Flanders Creek Subdivision
lies adjacent to the north and south of the subject properties; to the west both the Laurel Glen
Subdivision and the proposed Rosa Subdivision; and to the east is undeveloped county land. Staff
finds that the proposed zone map amendment would be consistent with the character of the
district.
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-4 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-4 zoning designation would allow appropriate residential uses of the land without negatively
impacting existing land uses and development. Again, as the applicant has indicated, a change of
zoning from R-3 to R-4 would be utilized to increase the lot coverage on these lots from 40% to
50%. An increase in the number of dwelling units is neither proposed nor anticipated.
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.
Flanders Townhomes Zone Map Amendment Staff Report, #Z-07087 5
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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 “Flanders Townhomes 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. If the net residential density for any portion of blocks 4 and 7 exceeds that as originally approved
with the Flanders Creek Subdivision with an R-3 zoning designation, cash-in-lieu of water rights, in
the amount determined by the City Engineer, shall be required. A covenant addressing this shall
be recorded with the Clerk & Recorders Office prior to approval of the Ordinance for the ZMA.
This covenant may not be revoked without consent from the City of Bozeman.
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 May 14, 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: DMC, Inc., PO Box 10190, Bozeman, MT 59719
Attachments: Applicant’s Submittal Materials
Flanders Townhomes Zone Map Amendment Staff Report, #Z-07087 6
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Flanders Townhomes ZMA
RESOLUTION NO. Z-07087
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP ON APPROXIMATELY 10.90 ACRES, DESCRIBED AS
BLOCKS 4 AND 7 OF FLANDERS CREEK SUBDIVISION, SITUATED IN THE EAST
½ OF THE SE ¼ OF SECTION 4, T2S, R5E, PMM, CITY OF BOZEMAN, GALLATIN
COUNTY, TO CHANGE THE MUNICIPAL ZONING DESIGNATION FROM “R-3”
(RESIDENTIAL MEDIUM DENSITY DISTRICT) TO “R-4” (RESIDENTIAL HIGH
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, DMC, 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 10.90 acres to change the municipal zoning designation of “R-3” (Residential
Medium Density District) to “R-4” (Residential High Density District) on property legally
described as Blocks 4 and 7 of Flanders Creek Subdivision, situated in the East ½ of the SE ¼ of
Section 4, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana; 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,
May 1st, 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 4-0, officially recommends to the Bozeman City
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Commission approval of zoning application #Z-07087 to amend the Bozeman
zoning map to change the zoning designation from R-3 (Residential Medium
Density District) to R-4 (Residential High Density District) for approximately 10.90
acres of said property which is described as Blocks 4 and 7 of Flanders Creek
Subdivision, situated in the East ½ of the SE ¼ of Section 4, T2S, R5E, PMM, City
of Bozeman, Gallatin County, Montana, subject to the following contingencies:
1. The applicant shall submit a zone amendment map to the Department of Planning &
Community Development, titled “Flanders Townhomes 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. If the net residential density for any portion of blocks 4 and 7 exceeds that as originally
approved with the Flanders Creek Subdivision with an R-3 zoning designation, cash-in-lieu
of water rights, in the amount determined by the City Engineer, shall be required. A
covenant addressing this shall be recorded with the Clerk & Recorders Office prior to
approval of the Ordinance for the ZMA. This covenant may not be revoked without
consent from the City of Bozeman.
DATED THIS 15TH DAY OF MAY 2007 Resolution No. Z-07087
_________________________________ ________________________________
Andrew Epple, Planning Director J.P. Pomnichowski, Chairperson
City of Bozeman Department of City of Bozeman Zoning Commission
Planning and Community Development
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