HomeMy WebLinkAboutE- Packet 07-16-2007_Schroeder Zone Map Amendment #Z-07107_18
Report compiled on July 10, 2007
Commission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Martin Knight, Assistant Planner
SUBJECT: Schroeder Zone Map Amendment Application #Z-07107
MEETING DATE: Monday, July 16th, 2007
RECOMMENDATION: The City Commission approves this application, with the contingencies
listed on Page 2 of Zoning Commission Resolution #Z-07107.
BACKGROUND: The applicant is proposing to amend the City of Bozeman Zoning Map to
change the municipal zoning designation from M-1 (Light Manufacturing District) to R-O
(Residential Office District) on approximately 7.388 acres of land generally situated on the east side
of North 27th Avenue, just north of the intersection of Catron Street and North 27th Avenue, in
Phase 3 of the Cattail Creek Subdivision. At their July 3rd, 2007 public hearing the City of Bozeman
Zoning Commission voted 0 against and 5 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
276
SCHROEDER ZONE MAP AMENDMENT
ZONING COMMISSION & CITY COMMISSION STAFF REPORT FILE NO. Z-07107
Schroeder Zone Map Amendment Staff Report, #Z-07107 1
Item: Zone Map Amendment Application #Z-07107 requesting to
amend the City of Bozeman Zone Map to change the municipal
zoning designation from “M-1” (Light Manufacturing District)
to “R-O” (Residential Office District) on approximately 7.388
acres of land generally located at 3230, 3266, 3342, and 3374
North 27th Avenue, in the Cattail Creek Subdivision.
Owner/Applicant: Schroeder Homes, Inc.
350 High K Street
Belgrade, MT 59714
Representative: Intrinsik Architecture, Inc.
111 N. Tracy Ave
Bozeman, MT 59715
Date/Time: Before the Bozeman Zoning Commission on Tuesday, July 3,
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, July 16,
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-O with Contingencies
PROJECT LOCATION & MAP:
The subject property is legally described as lots 2, 3, 4, & 5, Block 3, Cattail Creek Subdivision Phase 3,
City of Bozeman, Gallatin County, Montana; and located in the NW ¼ of Section 35, Township 1 South,
Range 5 East, P.M.M., Gallatin County, Montana. The site is generally situated on the east side of North
27th Avenue, just north of the intersection of Catron Street and North 27th Avenue. The subject property
is currently zoned M-1 (Light Manufacturing District).
The subject property is approximately 7.388 acres in size. Please refer to the aerial photograph provided at
the end of the Staff Report and to the following vicinity map.
277
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 “M-1” (Light Manufacturing District) to
“R-O” (Residential Office District) on approximately 7.388 acres of land, which is generally located on the
east side of North 27th Avenue, just north of the intersection of Catron Street and North 27th Avenue, in
the Cattail Creek Subdivision.
A change of zoning from M-1 to R-O does require the acquisition of additional water rights, or cash-in-
lieu of in the amount of $4,597.34, for the subject properties. Furthermore, a change of zoning from a
non-residential to residential does require the acquisition of parkland, or cash-in-lieu of, for the subject
properties. A fair market appraisal shall be provided for the calculation of cash-in-lieu of parkland. This
appraisal shall be for the fair market value of un-subdivided, un-improved, annexed, and zoned property,
and shall be no sooner than 90 days prior to the submittal of the final maps and exhibits. The City
Commission must approve all cash in lieu donations for park land. Both these item must be provided
prior to final adoption of the ordinance for this Zone Map Amendment.
A Growth Policy Amendment application for the subject property was approved by the Bozeman City
Commission on June 18th, 2007. 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
Industrial to Residential for the subject property. It was found that a Residential designation would be
more conducive to the residential and/or mixed use type of development that is occurring in this area.
ZONING DESIGNATION & LAND USES
All of the subject properties are currently vacant. The applicants propose a Zone Map Amendment to
change the municipal zoning designation from M-1 to R-O. The intent of the M-1 (Light Manufacturing
District) district is to provide for the communities needs for wholesale trade, storage and warehousing,
trucking and transportation terminals, light manufacturing and similar activities.
Schroeder Zone Map Amendment Staff Report, #Z-07107 2
278
The intent of the R-O (Residential Office District) district is to provide for and encourage the
development of multi-household and apartment development and compatible professional offices and
businesses that would blend well with adjacent uses. The primary use of a lot, as measured by building
area, permitted in the R-O district is determined by the underlying growth policy land use designation.
Where the district lies over a residential growth policy designation the primary use shall be non-office uses;
where the district lies over a non-residential designation the primary use shall be office and other non-
residential uses. Primary use shall be measured by percentage of building floor area.
The existing land uses and current zoning designations located in the immediate area of the subject
property are:
North: Vacant; annexed and zoned B-2(Community Business District).
South: Vacant; annexed and zoned B-1 (Neighborhood Business District).
East: Costco/Commercial uses; annexed and zoned B-2 (Community Business District).
West: Vacant land and residential uses; annexed and zoned R-0 (Residential Office 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
Schroeder Zone Map Amendment Staff Report, #Z-07107 3
279
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-O” zoning designation is in
compliance with this land use designation.
B. Lessening of congestion in the streets
Through review of the Cattail 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 North 27th Avenue (Collector), and Catron Street (Local).
Approval of this application will not necessarily result in an intensity of use greater than that
reviewed with the Cattail Creek Subdivision. Zoning regulations, such as setbacks, parking
requirements, and traffic mitigation measures will be considered during the site plan review process
to ensure undue congestion of the streets is avoided.
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 Cattail 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
Schroeder Zone Map Amendment Staff Report, #Z-07107 4
280
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. Through review of the Cattail
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 from M-1 to R-O does require the acquisition of additional water rights, or cash-
in-lieu of in the amount of $4,597.34, for the subject properties.
Furthermore, a change of zoning from a non-residential to residential does require the acquisition
of parkland, or cash-in-lieu of, for the subject properties. A fair market appraisal shall be provided
for the calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of
un-subdivided, un-improved, annexed, and zoned property. This appraisal shall be no sooner than
90 days prior to the submittal of the final maps and exhibits. The City Commission must approve
all cash in lieu donations for park land.
These items have been appropriately addressed as conditions 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 land. The Cattail Creek Subdivision is found to
the north, south, and west of the subject properties; to the east is the Gallatin Center development,
which includes Costco & Target. 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-O zoning designation will not negatively affect the value
of any adjacent buildings and/or land uses.
Schroeder Zone Map Amendment Staff Report, #Z-07107 5
281
L. Encouraging the most appropriate use of land throughout the municipality.
The R-O 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 M-1 to R-O would permit both an extension of the residential
neighborhood and a variety of housing options to an expanding area of the community. There
would be a potential for office uses.
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 “Schroeder 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. Parkland dedication, or cash-in-lieu of, shall be provided prior to final adoption of the ordinance
for this Zone Map Amendment. A fair market appraisal shall be provided for the calculation of
cash-in-lieu of parkland. This appraisal shall be for the fair market value of un-subdivided, un-
improved, annexed, and zoned property. This appraisal shall be no sooner than 90 days prior to
the submittal of the final maps and exhibits. The City Commission must approve all cash in lieu
donations for park land.
4. With the original annexation and ZMA this property paid Cash in Lieu of Water Rights for a
zoning designation of M-1. With a new zoning designation of R-0, additional Cash in Lieu of
Water Rights must be paid prior to the ZMA approval.
Schroeder Zone Map Amendment Staff Report, #Z-07107 6
282
Original payment for M-1 zoning: $8,013.07
Payment necessary for R-0 zoning: $12,610.41
Difference (Payment due): $4,597.34
6. This property is located within the limits of Special Improvements District (SID) 678. Payment or
proof of a previous payment must be submitted prior to final approval of 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 July 16, 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: Schroeder Homes, 350 High K Street, Belgrade, MT 59714
Intrinsik Architecture, Inc., 111 N. Tracy Avenue, Bozeman, MT 59715
Attachments: Applicant’s Submittal Materials
Schroeder Zone Map Amendment Staff Report, #Z-07107 7
283
Schroeder ZMA
RESOLUTION NO. Z-07107
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP ON APPROXIMATELY 7.388 ACRES, DESCRIBED AS
LOTS 2, 3, 4, & 5, BLOCK 3, CATTAIL CREEK SUBDIVISION PHASE 3, SITUATED
IN THE NW ¼ OF SECTION 35, T1S, R5E, PMM, CITY OF BOZEMAN, GALLATIN
COUNTY, TO CHANGE THE MUNICIPAL ZONING DESIGNATION FROM “M-1”
(LIGHT MANUFACTURING DISTRICT) TO “R-O” (RESIDENTIAL OFFICE
DISTRICT).
---------------------------------------------------------------------------------------------------------------------
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, Schroeder Homes, 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 7.388 acres to change the municipal zoning designation of “M-1”
(Light Manufacturing District) to “R-O” (Residential Office District) on property legally
described as Lots 2, 3, 4, & 5, Block 3, Cattail Creek Subdivision Phase 3, situated in the NW ¼
of Section 35, T1S, 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,
July 3rd, 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 5-0, officially recommends to the Bozeman City
284
Commission approval of zoning application #Z-07107 to amend the Bozeman
zoning map to change the zoning designation from M-1 (Light Manufacturing
District) to R-O (Residential Office District) for approximately 7.388 acres of said
property which is described as Lots 2, 3, 4, & 5, Block 3, Cattail Creek Subdivision
Phase 3, situated in the NW ¼ of Section 35, T1S, 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 “Schroeder 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. Parkland dedication, or cash-in-lieu of, shall be provided prior to final adoption of the
ordinance for this Zone Map Amendment. A fair market appraisal shall be provided for the
calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of
un-subdivided, un-improved, annexed, and zoned property. This appraisal shall be no
sooner than 90 days prior to the submittal of the final maps and exhibits. The City
Commission must approve all cash in lieu donations for park land.
4. With the original annexation and ZMA this property paid Cash in Lieu of Water Rights for a
zoning designation of M-1. With a new zoning designation of R-0, additional Cash in Lieu
of Water Rights must be paid prior to the ZMA approval.
Original payment for M-1 zoning: $8,013.07
Payment necessary for R-0 zoning: $12,610.41
Difference (Payment due): $4,597.34
5. This property is located within the limits of Special Improvements District (SID) 678.
Payment or proof of a previous payment must be submitted prior to final approval of the
ZMA.
DATED THIS 17TH DAY OF JULY 2007 Resolution No. Z-07107
285
_________________________________ ________________________________
Andrew Epple, Planning Director J.P. Pomnichowski, Chairperson
City of Bozeman Department of City of Bozeman Zoning Commission
Planning and Community Development
286
**MINUTES**
CITY OF BOZEMAN ZONING COMMISSION,
TUESDAY, JULY 3RD, 2007
7:00 P.M.
ITEM 1. CALL TO ORDER AND ATTENDANCE
President JP Pomnichowski called the meeting of the Bozeman Zoning Commission to order at
7:00PM and directed the secretary to record the attendance.
Members Present:
JP Pomnichowski
Nathan Minnick
Warren Vaughan
Peter Harned
Nicholas Lieb (arrived 7:01PM)
Staff Present:
Andrew C. Epple, Director of Planning & Community Development
Martin Knight, Planner
Kimberly Kenney-Lyden, Recording Secretary
Sean Becker, Commission Liaison
Guests Present:
Susan Kozub, Instrinsik Architecture
Lindsay Minnick
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Zoning Commission and
not scheduled on this agenda. Three-minute time limit per speaker.}
Seeing there were no members of the public wishing to give any comment, President
Pomnichowski closed this portion of the meeting.
ITEM 3. MINUTES OF JUNE 5TH, 2007.
President Pomnichowski noted that on page 7, paragraph 2, second sentence, it should read “but
with a decreased lot size”. She requested the word ‘nut’ be corrected to ‘but’. Seeing there no
further corrections, additions, or changes to the minutes, she moved to recommend approval of the
minutes from June 5th, 2007 as amended. The motion was seconded by Nathan Minnick. All in
favor, motion passed 5-0.
287
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application, #Z-07107 – (Schroeder). A Zone Map
Amendment requested by the owners, Schroeder Homes, Inc., and representative,
Intrinsik Architecture, requesting to amend the City of Bozeman Zone Map to change
the zoning classification on 7.388 acres of land from M-1 (Light Manufacturing
District) to R-O (Residential Office District) for property legally described as Block 3
of Phase 3, Cattail Creek Subdivision, located in the NW of Sec. 35, T1S, R5E, PMM,
Bozeman, Gallatin County, Montana. (Knight)
Staff Report:
Planner Knight gave the staff report. He noted the City of Bozeman has received an application for
a Zone Map Amendment of approximately 7.388 acres of land, as seen here, in Phase III of the
Cattail Creek Subdivision. This ZMA application is requesting a change in the municipal zoning
designation from M-1 (Light Manufacturing District) to R-O (Residential Office District).
He added on June 18th, the City Commission approved a Growth Policy Amendment application
for
this property. This application changed the land use designation from Industrial to Residential; and
it was the understanding that following such approval a ZMA application for R-O would be
proposed.
Planner Martin Knight stated the Planning Staff is supportive of this application. He added staff
feels that a residential and/or mixed use type of zoning would more conducive to the type of
development occurring in the Cattail Creek Subdivision and in the area in general.
As outlined in the staff report, Mr. Knight noted a change in zoning form a non-residential to
residential zoning does require the acquisition of parkland & water rights, or in the form of
cash-in-lieu. He noted there has been no public comment received to date and Planning Staff is
recommending approval of this application as outlined in the contingencies of approval on page 6
of the staff report.
Questions for Staff:
JP Pomnichowski asked Planner Knight about
ITEM 5. NEW BUSINESS
ITEM 6. ADJOURNMENT
*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).
288
within
cattail creek subdivision
PHASE III
JANUARY 2007
applicant:
SCHROEDER HOMES, INC.
prepared by:
zoning map amendment
289
Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman 2020 Community Plan Designation:
290
Page 2
(Development Review Application – Prepared 11/25/03)
11. Gross Area: Acres: Square Feet: 12. Net Area: Acres: Square Feet:
13. Is the Subject Site Within an Overlay District? Yes, answer question 13a No, go to question 14
13a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor
14. Will this application require a deviation(s)? Yes No
15. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan
A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan
B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan
C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan
D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application
E. Special Temporary Use Permit T. Subdivision Preliminary Plat
F. Sketch Plan/COA U. Subdivision Final Plat
G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption
H. Preliminary Site Plan/COA W. Annexation
I. Preliminary Site Plan X. Zoning Map Amendment
J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment
K. Conditional Use Permit Z. Zoning Variance
L. Conditional Use Permit/COA AA. Growth Policy Map Amendment
M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment
N. Administrative Interpretation Appeal Other:
This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee
(see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½-
by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. If 3-ring binders will be used,
they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This
application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be accepted.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and
provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development, approved by the
City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by
the approval authority. Finally, I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project.
I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge.
Applicant’s Signature: Date:
Applicant’s Signature: Date:
Property Owner’s Signature: Date:
Property Owner’s Signature: Date:
Property Owner’s Signature: Date:
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(Zoning Map or Unified Development Ordinance Text Amendment Checklist – Prepared 12/05/03, revised 9/20/04)
ZONING MAP OR UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT CHECKLIST
This checklist shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable)
must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Amendment Type. What type of amendment is being requested? (check all that apply)
Zoning Map Amendment
Unified Development Ordinance Amendment – Zoning Provisions
Unified Development Ordinance Amendment – Subdivision Provisions
B. Zoning Map or UDO Zoning Provision Amendment Criteria. For Zoning Map Amendments and Unified
Development Ordinance Text Amendments involving zoning provisions, written responses for each of the following
criteria shall be provided.
Are written responses for the following criteria provided?
Zoning Provision Criteria Yes No N/A
1. Is the new zoning designed in accordance with the comprehensive plan?
2. Is the zoning designed to lessen congestion in the streets?
3. Will the new zoning promote health and general welfare?
4. Will the new zoning secure safety from fire, panic and other dangers?
5. Will the new zoning provide adequate light and air?
6. Will the new zoning prevent the overcrowding of land?
7. Will the new zoning avoid the undue concentration of population?
8. Will the new zoning facilitate the adequate provision of transportation, water, sewer,
schools, parks, fire, police, and other public requirements?
9. Does the new zoning give consideration to the peculiar suitability of the property for
particular uses?
10. Does the new zoning give reasonable consideration to the character of the district?
11. Was the new zoning adopted with a view to conserving the value of buildings?
12. Will the new zoning encourage the most appropriate use of land throughout such
county or municipal area?
C. UDO Subdivision Provision Criteria. For Unified Development Ordinance Text Amendments involving subdivision
provisions, written responses for each of the following criteria shall be provided.
Are written responses for the following criteria provided?
Subdivision Provision Criteria Yes No N/A
1. Will the amendment provide for the orderly development of the jurisdictional area?
2. Will the amendment provide for the coordination of roads within subdivided land
with other roads, both existing and planned?
3. Will the amendment provide for the dedication of land for roadways and for public
utility easements?
4. Will the amendment provide for the improvement of roads?
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Subdivision Provision Criteria, continued Yes No N/A
5. Will the amendment provide for adequate open spaces for travel, light, air and
recreation?
6. Will the amendment provide for adequate transportation, water and drainage?
7. Will the amendment provide for the regulation of sanitary facilities?
8. Will the amendment provide for the avoidance or minimization of congestion?
9. Will the amendment provide for the avoidance of subdivision which would involve
unnecessary environmental degradation and the avoidance of danger of injury to
health, safety or welfare by reason of natural hazard or the lack of water, drainage,
access, transportation, or other public services or would necessitate an excessive
expenditure of public funds for the supply of such services?
I (We), the undersigned, hereby certify that the information contained in this application is true and correct to the best
of my (our) knowledge.
Property Owner’s Signature(s) Date
State of
County of
On this day of , 20 , before me, a Notary Public for the State of ,
personally appeared ,
known to me to be the person(s) whose name(s) is(are) subscribed to the above instrument and acknowledge to me that
he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above
written.
Notary Public for State of
Residing at
My Commission Expires
293
Schroeder Cattail Property
Zone Map Amendment
3230, 3266, 3342 & 3374 North 27th Avenue - Bozeman
January 2007
Zone Map Amendment Narrative
1. Is the new zoning designed in accordance with the comprehensive plan?
This Zone Map Amendment application was submitted in conjunction with a
Growth Policy Map Amendment application to change the land use designation on
the Bozeman 2020 Future Land Use Map from “Industrial” to “Residential.” With
City Commission approval of the GPA, the requested zoning designation of R-O
(Residential Office District) would be in accordance with the comprehensive plan.
Approval of this Zone Map Amendment would focus housing development into a
location that would be more compatible with and supportive of the commercial
uses to the east (Gallatin Center) and south (planned for Neighborhood
Commercial), the residential uses across North 27th Avenue (including 36
Restricted Size Units), and the potential elementary school site to the north. The
proposed zoning would be in harmony with this mix of uses and with the overall
comprehensive plan.
2. Is the new zoning designed to lessen congestion in the streets?
The proposed R-O (Residential Office) zoning will be concentrated in the northeast
corner of Cattail Creek Subdivision, Phase III, toward the northern end of North
27th Avenue. The R-O zoning district would allow residential and office mixed
development in close proximity to existing and planned commercial development
and to a school site to the north. The pedestrian and bicycle friendly nature and
interconnectivity of the streets, sidewalk, and park/trail systems should help
reduce and calm down traffic and lessen congestion in the streets. The properties
are also close to a Streamline bus stop on Max Avenue.
3. Will the new zoning promote health and general welfare?
The new zoning will promote health and general welfare by providing a variety of
dwelling units across the street from compatible residential development, near
trails, parks, and open space and within walking distance of commercial
development and a school site. The R-O District allows for the possibility of limited
offices to promote an even greater mix of uses. The combination of these factors
will allow for exceptional spaces to live, work, and play.
4. Will the new zoning secure safety from fire, panic and other dangers?
New city water and sewer services will be installed as part of the improvements
required with site development. Each lot has an existing six-inch sewer stub and
eight-inch water stub (except that the two middle lots share a water stub). New
structures are required to obtain permits and be built according to the current
building codes and development standards.
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5. Will the new zoning provide adequate light and air?
The lots are large enough (1.78-2.05 acres) to provide a landscaped yard buffer
from North 27th Avenue (a collector street) and a buffer from the large-scale
commercial properties to the east to help minimize the effects of noise and air
pollution. The R-O district is more restrictive than the M-1 district by requiring
larger setbacks, less lot coverage and more recreational green space on a per
unit basis which will all contribute to providing adequate light and air in the
neighborhood.
6. Will the new zoning prevent the overcrowding of land?
As part of the Unified Development Ordinance, the R-O zoning designation
requires a certain amount of lot area per unit depending on configuration
(meaning four-plex, apartments, etc.) which will prevent the overcrowding of land.
Residential units are also required to provide ample parking and 150 square feet
of open space and 0.03 acres of parkland per unit.
7. Will the new zoning avoid the undue concentration of population?
The R-O zoning designation will provide for a range of unit sizes and types while
setting limits on development and number of units per acre. Occupancy of the
units will be limited to the City requirements for a “household” which is essentially
no more than four unrelated persons per unit. Also, adequate parking and open
space will be provided in accordance with the Unified Development Ordinance to
avoid the undue concentration of population.
8. Will the new zoning facilitate the adequate provision of transportation,
water, sewer, schools, parks, fire, police and other public requirements?
The existing Cattail Creek Subdivision improvements provide adequate
transportation (streets, trails, etc.) and a bus stop is located a few block away in
Gallatin Center. New development will be connected to city water and sewer
services as it is adjacent to existing facilities and infrastructure with adequate
capacity. The property lies just southwest of a potential elementary school site
and in proximity to the new Baxter Meadows middle school site. Parks were
provided with the subdivision and any additional required parkland will be
provided with site development either on-site or cash-in-lieu or some combination
thereof. The property is within the acceptable boundary of city police and fire
protection and the street network provides multiple means of emergency access.
9. Does the new zoning give consideration to the peculiar suitability of the
property for particular uses?
The property’s location on a collector street and its proximity to commercial
development make it desirable for higher density residential and office
development. Furthermore, nearby existing neighborhoods, businesses and
infrastructure make this the logical continuation of development in this area. The
property is generally flat and suitable for development.
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10. Does the new zoning give reasonable consideration to the character of the
district?
The Cattail Creek covenants for Phase 3 are intended to ensure quality
development standards and would apply to the new zoning. Additional open
spaces, yards, landscaping and trails will help to maintain the existing open
character of the area, and contribute to the Catron Creek corridor. The R-O zoning
will be more compatible with the surrounding land uses than the M-1 zoning.
11. Was the new zoning adopted with a view to conserving the value of
buildings?
The new zoning will comply with the existing covenants and design guidelines
which are intended to maintain or increase property values within the subdivision
as well as adjacent properties. The streetscape for North 27th Avenue will be
enhanced by having residential/office development (as opposed to
manufacturing) opposite other residential development. This zone map
amendment will likely increase the value of surrounding properties by increasing
neighborhood compatibility and adhering to the design standards of Cattail Creek
Subdivision.
12. Will the new zoning encourage the most appropriate use of land throughout
such county or municipal area?
The new zoning is appropriate for Cattail Creek and the city as a logical alteration
of the community land use plan and will bring a variety of housing options to an
expanding area of the community. The extension of the residential neighborhood
and the enhancement of trail systems and open space in this location will
encourage a dynamic and pedestrian-friendly urban-style housing project with the
potential for some office use.
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Schroeder Cattail Property
Zoning Map Amendment
3230, 3266, 3342, 3374 North 27th Avenue
Adjoining Property Owners List
George & Suzan Frye
P.O. Box 3214
Bozeman, Montana 59772
SanDan, LLC
P.O. Box 1254
Bozeman, Montana 59771
James, Jan, & Jason Schwartz
88 W. Katina Court
Bozeman, Montana 59718
Capstone Partners, LLC
1226 Stoneridge Drive, Suite C
Bozeman, Montana 59718
Bozeman School District #7
P.O. Box 520
Bozeman, Montana 59771-0520
Richard & Bonny Milligan
P.O. Box 210
Willow Creek, MT 59760
Cape France Enterprises
2220 W. Main Street
Bozeman, MT 59718
Cutthroat Partners, LLC
300 E. Griffin Drive
Bozeman, MT 59715
Costco Wholesale Corp.
Property Tax Department 96
999 Lake Drive
Issaquah, WA 98027
Dayton Hudson Corp.
Target Corp T1237
c/o Property tax Office
P.O. Box 9456
Minneapolis, MN 55440
297
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
condominium owners) within 200 feet of the property located at
, is a true and accurate list from the last declared Gallatin County tax
records. I further understand that an inaccurate list may delay review of the project.
Signature
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
condominium owners) within 200 feet of the property located at
, is a true and accurate list from the last declared Gallatin County tax
records. I further understand that an inaccurate list may delay review of the project.
Signature
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
298
CATTAIL CREEK VICINITY MAP
NTS
N
GROWTH POLICY AMENDMENT/
ZONING MAP AMENDMENT
SCHROEDER CATTAIL PROPERTY
JANUARY 2007
299
EXHIBIT “B”PROPOSED ZONING & LOCAL LAND USEZONING MAP AMENDMENTSCHROEDER CATTAIL PROPERTYN
NOTES:
The Zone Map Amendment proposes R-O (Residential Office).
For reference purposes only; drawing not to scale.
300
EXHIBIT “A”CURRENT ZONING & LOCAL LAND USEZONING MAP AMENDMENTSCHROEDER CATTAIL PROPERTYN
NOTES:
The Bozeman 2020 Future Land Use Map designates the property as “Industrial”.
The City of Bozeman Zoning Map designates the property as M-1.
For reference purposes only; drawing not to scale.
301
EXHIBIT _____
Cattail Creek Subdivision Phase 3 – Zone Map Amendment
Zoning Parcel Description Zoning R-O
A tract of land being Block 3 of the Plat of Cattail Creek Subdivision, Phase 3, said tract
being located in the Northwest Quarter of Section 35, Township 1 South, Range 5 East,
Principal Meridian Montana, Gallatin County, Montana and said tract being further
described as follows:
Beginning at the north ¼ corner of said Section 35; thence South 00°13’52” West, along
the east line of Block 3 of said plat, a distance of 830.23 feet; thence South 89°44’23”
West, along the south line of said Block 3, a distance of 387.63 feet; thence North
00°13’52” East, along the west line of said Block 3, a distance of 830.33 feet; thence
North 89°45'15" East, along the north line of said Block 3, a distance of 387.63 feet to the
Point of Beginning.
The described tract contains 7.388 acres, more or less.
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303
GROWTH POLICY AMENDMENT/
ZONING MAP AMENDMENT
SCHROEDER CATTAIL PROPERTY
JANUARY 2007
VICINITY AERIAL, IMAGE 1
VICINITY AERIAL, IMAGE 2
304
LOOKING EAST FROM NORTH 27TH AVENUE
LOOKING WEST ACROSS NORTH 27TH AVENUE
GROWTH POLICY AMENDMENT/
ZONING MAP AMENDMENT
SCHROEDER CATTAIL PROPERTY
JANUARY 2007
305
LOOKING NORTH FROM NORTH 27TH AVENUE
LOOKING SOUTH
GROWTH POLICY AMENDMENT/
ZONING MAP AMENDMENT
SCHROEDER CATTAIL PROPERTY
JANUARY 2007
306