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HomeMy WebLinkAbout09-17-07 Cahill ZMA Report compiled on September 10, 2007 Commission Memorandum REPORT TO: Honorable Mayor & City Commission FROM: Martin Knight, Assistant Planner SUBJECT: Cahill Tracts 4 & 5 Zone Map Amendment Application #Z-07163 MEETING DATE: Monday, September 17th, 2007 RECOMMENDATION: The City Commission approves this application, with the contingencies listed on Page 2 of Zoning Commission Resolution #Z-07163. BACKGROUND: The applicant is proposing to amend the City of Bozeman Zoning Map to establish an initial municipal zoning designation of R-3 (Residential Medium District) on approximately 3.0195 acres of land located at 414 & 415 Wilda Lane. At their September 5th, 2007 public hearing the City of Bozeman Zoning Commission voted 0 against and 3 in favor of this application. A recommendation of approval has been forwarded. UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for the proposed development at this time. 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 150 Cahill Tracts 4 & 5 ZONE MAP AMENDMENT ZONING COMMISSION & CITY COMMISSION STAFF REPORT FILE NO. Z-07163 Cahill Tracts 4 & 5 Zone Map Amendment Staff Report, #Z-07163 1 Item: Zone Map Amendment Application #Z-07163 requesting an initial municipal zoning designation of R-3 (Residential Medium Density District) on 3.0195± acres of property located at 414 & 415 Wilda Lane. Owners/Applicant: KAM, LLC PO Box 1273 Bozeman, MT 59718 Representative: C & H Engineering and Surveying, Inc. 1091 Stoneridge Drive Bozeman, MT 59718 Date: Before the Bozeman Zoning Commission on Wednesday, September 5, 2007, at 7 p.m. in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, MT. Before the City Commission on Monday, September 17, 2007 at 6 p.m., in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, MT. Report By: Martin Knight, Assistant Planner Recommendation: Conditional Approval __________________________________________________________________________________ PROJECT LOCATION The subject property is generally located on the east and west side of the dead-end of Wilda Lane; is legally described as Tracts 4 and 5 of the Cahill Subdivision, and the Wilda Lane public Rights-of-Way adjacent to Tracts 3-6 of the Cahill Subdivision; and located in the NW ¼ of the SW ¼ of Section 11, T2S, R5E, PMM, Gallatin County, Montana. The property is currently zoned Residential in the Gallatin County Zoning District Number 1. The subject properties are approximately 3.0195 acres in size. Please refer to the aerial photograph provided at the end of the Staff Report and to the following vicinity map. 151 PROPOSAL AND BACKGROUND INFORMATION The applicant has made application to the Bozeman Planning Department for a Zone Map Amendment to establish an initial municipal zoning designation of “R-3” (Residential Medium Density District) on approximately 3.0195 acres of land, which is generally located on the east and west side of the dead-end of Wilda Lane, in the Cahill Subdivision. The subject property currently contains two single-household residences and associated accessory structures. With further development, these residences will be removed. No watercourses, wetlands, trails, or similar features are found on the subject properties. This application is being reviewed concurrently with an annexation application (#A-07004) for the subject properties. The purpose of the annexation and zone map amendment requests is to extend municipal water and sanitary sewer infrastructure to the property and obtain pubic services (i.e., police and fire) in order to develop at urban densities as outlined in the Bozeman 2020 Community Plan. No written public comment has been received to date. Verbal comments from adjacent properties owners have been received. These have primarily been general inquires into what is or may be proposed on the subject properties. Concerns over future improvements to Wilda Lane were discussed. ZONING DESIGNATION & LAND USES Again, the subject properties currently contain two single-household residences. The applicants propose a Zone Map Amendment to establish an initial municipal zoning designation of R-3 (Residential Medium Density District). The intent of the R-3 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 existing land uses and current zoning designations located in the immediate area of the subject property are: Cahill Tracts 4 & 5 Zone Map Amendment Staff Report, #Z-07163 2 152 North: Vacant and single-household residences; un-annexed and zoned Gallatin County Residential (Gallatin County Zoning District 1). South: Gallatin Valley Mall and Bozeman Pond recreation area; annexed and zoned B-2 (Community Business District) and PLI (Public Lands & Institutions District). East: Multi-household residences; annexed and zoned R-3 (Residential Medium Density District). West: Vacant and multi-household residences; annexed and 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: Cahill Tracts 4 & 5 Zone Map Amendment Staff Report, #Z-07163 3 153 A. Consistency with the City’s growth policy As previously noted, this property is now designated as “Residential” according to the Bozeman 2020 Community Plan Future Land Use Map. The proposed “R-3” zoning designation is in compliance with this land use designation. B. Lessening of congestion in the streets Neutral; the development of any area from suburban to urban densities will generate additional vehicle trips. This project should be considered “infill” in that it is redeveloping a site which is currently surrounded by the City of Bozeman. Development in this location may reduce travel required for more outlying locations. The standards of the Unified Development Ordinance will require a detailed traffic demand study when the property is proposed for development. The owners will coordinate with the City regarding improvements to Wilda Lane which will be the street giving direct access to the property. Further development of the subject properties will require Wilda Lane being improved to the City of Bozeman standards for local 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. D. Promotion of health and the general welfare The subject property is not currently within the City of Bozeman. Municipal infrastructure (i.e., water and sanitary sewer) and public services (i.e., police and fire protection) will become available upon annexation. 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. And again, this project should be considered “infill” in that it is redeveloping a site which is currently surrounded by the City of Bozeman. 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. Cahill Tracts 4 & 5 Zone Map Amendment Staff Report, #Z-07163 4 154 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 not currently within the City of Bozeman. Through review of the annexation application (#A-07004), an assessment of the impacts to infrastructure, public services, parkland, and other community requirements are being evaluated, and appropriate mitigation measures being taken. These mitigation measures will include the acquisition of parkland (or cash- in-lieu of), extensions of and connections to the City’s water and sewer system, and improvements to Wilda Lane. These items are being addressed as terms of annexation for subject properties. I. Reasonable consideration to the character of the district The 2020 Community Plan identified the area for residential uses and anticipates residential zoning districts. The area being rezoned is adjacent to urban residential development or land planned for urban level development. The uses permitted within the R-3 district are consistent with those adjacent to this site. The Cahill Subdivision is found along Wilda Lane to the north of the subject properties; to the east and west is a mix of high density (4- and 5-plex’s; zoned R-3) residential developments and undeveloped tracts of land; while to the south is the Gallatin Valley Mall and Bozeman Pond recreation area (zoned B-2 & PLI). The proposed zoning appears to give reasonable consideration to 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 currently contains two single-household residences. Again, these structures will be required to connect to municipal services or be removed upon annexation. The City of Bozeman Historic Preservation officer finds these structures to have no historical significance. The R-3 zoning designation will not negatively affect the value of any adjacent buildings and/or land uses. Currently, a variety of mature vegetation does exist throughout the subject properties. Staff is recommending, as a term of annexation, that the mature Spruce and Cottonwood trees shall be preserved and integrated into any subsequent development to the maximum extent feasible. Cahill Tracts 4 & 5 Zone Map Amendment Staff Report, #Z-07163 5 155 L. Encouraging the most appropriate use of land throughout the municipality. The R-3 zoning designation would allow appropriate residential uses of the land without negatively impacting existing land uses and development. Again, the 2020 Community Plan identified the area for residential uses and anticipates residential zoning districts. 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 written public comment has been received to date. Verbal comments from adjacent properties owners have been received. These have primarily been general inquires into what is or may be proposed on the subject properties. Concerns over future improvements to Wilda Lane were discussed. 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 for this initial municipal zoning designation, the Planning Office has recommended that the following ZMA contingencies: 1) That the Ordinance of the Zone Map Amendment shall not be adopted until the Resolution of Annexation is signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the application shall be null and void. 2) That the applicant submit a zone amendment map, titled “Cahill Tracts 4 & 5 Zone Map Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, 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 and zoning districts, and total acreage of the property. 3) That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the zone map. 4) The final exhibits and maps shall be revised to accurately depict adjacent zoning designations. 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 Cahill Tracts 4 & 5 Zone Map Amendment Staff Report, #Z-07163 6 156 Bozeman Zoning Commission will be forwarded to the Bozeman City Commission for consideration at its public hearing on September 17, 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: KAM, LLC, PO Box 1273, Bozeman, MT 59718 C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718 Attachments: Applicant’s Submittal Materials Cahill Tracts 4 & 5 Zone Map Amendment Staff Report, #Z-07163 7 157 Cahill Tracts 4 & 5 ZMA RESOLUTION NO. Z-07163 RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF BOZEMAN ZONING MAP ON APPROXIMATELY 3.0195 ACRES, DESCRIBED AS TRACTS 4 AND 5 OF THE CAHILL SUBDIVISION AND THE WILDA LANE RIGHT- OF-WAY ADJACENT TO TRACTS 3-6 OF THE CAHILL SUBDIVISION, SITUATED IN THE NW ¼ OF THE SW ¼ OF SECTION 11, T2S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, TO ESTABLISH AN INITIAL MUNICIPAL ZONING DESIGNATION OF “R-3” (RESIDENTIAL MEDIUM DENSITY 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, KAM, LLC, 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 3.0195 acres to establish an initial municipal zoning designation of “R-3” (Residential Medium Density District) on property legally described as Tracts 4 & 5 of the Cahill Subdivision and the Wilda Lane Right-of-Way adjacent to Tracts 3-6 of the Cahill Subdivision, situated in the NW ¼ of the SW ¼ of Section 11, 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 Wednesday, September 5th, 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 158 NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning Commission, on a vote of 3-0, officially recommends to the Bozeman City Commission approval of zoning application #Z-07163 to amend the Bozeman zoning map to establish an initial municipal zoning designation of R-3 (Residential Medium Density District) for approximately 3.0195 acres of said property which is described as Tracts 4 & 5 of the Cahill Subdivision and the Wilda Lane Right- of-Way adjacent to Tracts 3-6 of the Cahill Subdivision, situated in the NW ¼ of Section 35, T1S, R5E, PMM, City of Bozeman, Gallatin County, Montana, subject to the following contingencies: 1) That the Ordinance of the Zone Map Amendment shall not be adopted until the Resolution of Annexation is signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the application shall be null and void. 2) That the applicant submit a zone amendment map, titled “Cahill Tracts 4 & 5 Zone Map Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, 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 and zoning districts, and total acreage of the property. 3) That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the zone map. 4) The final exhibits and maps shall be revised to accurately depict adjacent zoning designations. DATED THIS 10TH DAY OF SEPTEMBER 2007 Resolution No. Z-07163 _________________________________ ________________________________ Andrew Epple, Planning Director J.P. Pomnichowski, Chairperson City of Bozeman Department of City of Bozeman Zoning Commission Planning and Community Development 159 **MINUTES** CITY OF BOZEMAN ZONING COMMISSION WEDNESDAY, SEPTEMBER 5, 2007 7:00 P.M. ITEM 1. CALL TO ORDER AND ATTENDANCE Acting Chair Peter Harned called the regular meeting of the Bozeman Zoning Commission to order at 7:02 p.m. and directed the secretary to record the attendance. Members Present: Peter Harned, Acting Chair Nathan Minnick Nicholas Lieb Members Absent: JP Pomnichowski (excused) Warren Vaughan (excused) Staff Present: Martin Knight, Planner Robin Sullivan, Recording Secretary Sean Becker, Commissioner Liaison Guests Present: Brendan Henry, C&H Engineering Larry Witt Sharon Witt 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, Acting Chair Harned closed this portion of the meeting. ITEM 3. MINUTES OF AUGUST 7, 2007. Seeing there were no corrections, changes or additions to the minutes , Acting Chair Harned announced that the minutes of the meeting of August 7, 2007, are approved as submitted. 160 - 2 - ITEM 4. PROJECT REVIEW Zone Map Amendment Application #Z-07163 – (Cahill Tracts 4 & 5). A Zone Map Amendment requested by the owners, KAM, LLC - Larry Witt & Alex McIntosh, and representative, C&H Engineering, requesting to amend the City of Bozeman Zone Map to establish an urban zoning designation of R-3 (Residential Medium Density District) on 2.12 acres in conjunction with annexation for property legally described as SW ¼, SEC 11, T2S, R5E, P.M.M., Gallatin County, Montana. (Knight) Staff Report: Assistant Planner Knight stated the applicant is seeking an initial municipal zoning designation of R-3 in conjunction with annexation of 2.12 acres lying along Wilda Lane. He noted the subject property lies south of West Babcock Street and north of the Gallatin Valley Mall. He reviewed the surrounding zoning designations and land uses, noting that some of the properties along Wilda Lane are not annexed. He stated this street is currently undergoing several changes, as property is annexed and development occurs. He noted that, as that development occurs, those portions of Wilda Lane abutting the development are being improved to City standards; therefore, the character of the street itself is also changing. He indicated that the annexation being sought in conjunction with this zone map amendment includes a finger of street right-of-way adjacent to the county parcels; and stressed that including that right-of-way in no way impacts those properties. Assistant Planner Knight stated that staff has reviewed this application in light of the twelve criteria contained in the unified development ordinance; and staff’s comprehensive findings are contained in the written staff report. He noted that staff is generally supportive of this application and is forwarding a recommendation for approval contingent upon annexation. He indicated that one individual has expressed concerns about potential traffic impacts from this development. The Assistant Planner concluded by stating this zone map amendment is scheduled for public hearing before the City Commission on September 17. Questions for Staff: Responding to Acting Chair Harned, Assistant Planner Martin stated the public comment pertained to Wilda Lane not being a safe road and the potential of it becoming less safe with the additional traffic, and indicated that the road improvements should address those concerns. Applicant Presentation: Brendan Henry, C&H Engineering, stated his firm is working on several projects along this street. He noted that, although it is not indicated in the header for this agenda item, Dave Stephens is also an applicant for this zone map amendment. He expressed concurrence with the staff report and indicated a willingness to respond to questions. Responding to questions from Nicholas Lieb, Mr. Henry stated the property across West 161 - 3 - Babcock Street is zoned R-2, and the density increases to the south, with the highest density located adjacent to the mall. He characterized the R-3 zoning as a natural progression in density. Responding to questions from Acting Chair Harned, Mr. Henry stated the current plan is to construct a hammerhead turnaround and not provide a second access to this property. Larry Witt, applicant, stated that, in conjunction with the development of this property, the paving, curb and gutter, and sewer and water lines will be extended to the end of the property. Public Comment: Seeing there were no members of the public wishing to comment on this matter, President Pomnichowski closed this portion of the meeting. Discussion: Nathan Minnick stated that, overall, he feels this meets the twelve criteria. He also finds that the requested zoning fits with the surrounding area and provides for a natural progression. He also feels that the street improvements in conjunction with annexation and development will address the concerns about safety. He then noted that this application is for another infill project in the right area at the right density. Nicholas Lieb voiced his agreement with Mr. Minnick’s comments, stating that he finds that the application meets the twelve criteria and that he supports the zone map amendment. Peter Harned stated he is excited to see this type of property annexed and developed, although he is disappointed that the properties immediately to the north are not part of the application. While he prefers two accesses to the property, he can accept the proposed hammerhead turnaround. He encouraged the applicant, however, to talk to the adjacent property owner to the west to see if there is a way to provide a second access. Motion and Vote: It was moved by Nathan Minnick, seconded by Nicholas Lieb, that the Zoning Commission recommend approval of Zone Map Amendment Application No. Z-07163, with the contingencies recommended by staff. The motion passed on a 3-0 vote. ITEM 5. NEW BUSINESS No items were raised under this agenda item. ITEM 6. ADJOURNMENT 162 - 4 - There being no further business to come before the Zoning Commission at this time, Acting Chair Harned adjourned the meeting at 7:17 p.m. _______________________________________ _______________________________________ Peter Harned, Acting Chair Andrew C. Epple, Director Zoning Commission Dept. of Planning & Community Development City of Bozeman City of Bozeman 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190