HomeMy WebLinkAboutCannery District Zone Map Amendment, Prov. Adoption Ordinance 1895Page 1 of 18
Z14072, Staff Report for the Cannery District Zone Map Amendment
Public Hearing Dates: Zoning Commission, June 17, 2014, 121 N. Rouse Avenue, 6 pm
City Commission, July 14, 2014, 121 N. Rouse Avenue, 6 pm.
Project Description: A request to rezone approximately 7.77-acres from PLI (Public Lands
and Institutions District) and M-1 (Light Manufacturing District) to B-2 (Community
Business District) as allowed by Article 38.37 of the Bozeman Municipal Code.
Project Location: The property is described as a tract of land being Tract 3-A of C.O.S.
2128B, portions of Block 2 and Block 3 of the Imes Addition to Bozeman that is
North of the Centerline of Oak Street, Tract B of the Amended Plat C-41-E and Tract
A of the Amended Plat C-41-D that lies North of the Centerline of Oak Street, all of
Minor Subdivision No’s. 391, 391A and 391B, and adjacent streets and alleys;
Located in the SW1/4 of Section 6, Township 2 South, Range 6 East, P.M.M., City
of Bozeman, Gallatin County, Montana.
Recommendation: Approval with contingencies
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in
the staff report for application Z14072 and move to recommend approval of the zone
map amendment with contingencies.
Report Date: Monday, July 07, 2014
Staff Contact: Brian Krueger, Development Review Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
No unresolved issues have been identified at this time.
Project Summary
The applicant proposes this Zone Map Amendment (ZMA) to adjust several existing zoning
districts for vacant and developed property. This property is part of an area that has been
annexed and zoned for some time. The subject property is a part of the Imes Addition to the
City of Bozeman, which was added to the City limits in 1890. The developed portion of the
property proposed for rezone is known as the Northside Planned Unit Development(PUD),
which includes four buildings and a common area lot for parking and circulation. The PUD
included relaxations from setbacks, parking, and other standards including use relaxations.
As an M-1, Light Industrial zoned property; many of the uses that exist today at the
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Northside project would not be consistent with that zoning without the relaxations. The City
approved a change in the underlying land use designation for this property on the City’s
future land use map from Industrial to Community Commercial Mixed Use during the last
update to the Growth Policy in 2009. This amendment to rezone the property to B-2,
Community Business District, would bring the zoning into conformance to the underlying
land use designation.
Proposed acreage/zoning district adjustments summary:
1) 2.63 acres from PLI, Public Lands and Institutions District to B-2, Community Business
District; and
2) 5.14 acres from M-1, Light Manufacturing District to B-2, Community Business District
Therefore, these amendments would result in 7.77 acres of additional B-2, Community
Business District property in the City.
No public comment has been received as of the writing of this report.
Alternatives
1) Adopt the amendment as requested.
2) Deny the amendment.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL ................................ 8
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
SECTION 4 - STAFF ANALYSIS AND FINDINGS ............................................................. 8
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 9
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 12
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............. 13
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 17
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 18
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APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 18
FISCAL EFFECTS ................................................................................................................. 18
ATTACHMENTS ................................................................................................................... 18
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SECTION 1 - MAP SERIES
Surrounding Zoning and Land Uses:
North: Jurisdiction of Gallatin County: Vacant/Commercial uses
South: (Across Oak Street) – PLI: Public Lands and Institutions – Gallatin County Fairgrounds and MDT
Bozeman:Office/Shops/Maintenance Facilities
East: M-1, Light Manufacturing: Residential and Industrial uses
West: (Across Oak Street): PLI, Public Lands and Institutions – Gallatin County Fairgrounds
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SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary shall be identified as the “Cannery Zone Map
Amendment”.
2. That the applicant submit a zone amendment map, titled “Cannery Zone Map Amendment”, on a
24” by 36” mylar, an 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 Works, 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.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Cannery Zone Map Amendment
File: Z14072
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted.
The Development Review Committee (DRC) considered the amendment on May14 and May 28,
2014. The DRC did not identify any infrastructure or regulatory constraints which would
impede the approval of the application.
The Zoning Commission will hold a public hearing on this ZMA on June 17, 2014, at 121 N.
Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. and the Zoning Commission will
forward a recommendation to the City Commission on the application.
The City Commission will hold a public hearing on the ZMA on July 14, 2014. The meeting will
be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. The City
Commission will make the final decision on the application.
SECTION 4 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following:
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Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The site is designated as Community Commercial Mixed Use on Figure 3-1 in the
Bozeman Community Plan. Table C-16 of the growth policy shows B-2, Community
Business District as an implementing district for the Community Commercial Mixed Use
designation. A review of the applicable goals and objectives of the growth policy has not
identified any specific conflicts with the non-mapped elements of the document. The Table
of authorized zoning uses within the B-2 District is also provided in Appendix A and is
highlighted in yellow.
Figure 3-1 (Future Land Use Map) is not the only element of the Growth Policy which must
be considered. There are many goals, objectives, and other text which must also be evaluated.
While not every element will apply to every proposal, a broad evaluation of compliance is
needed. A proposal may comply with Figure 3-1 but not with the other elements of the plan.
To be in accordance with the Growth Policy compliance must be to both Figure 3-1 and the
other plan elements.
This zone map amendment would result in the addition of 7.77 acres of B-2 zoned property
to the City which is supported by the Urban Density principle in Chapter 3 of the Community
Plan which states: Fundamental to the efficient and cost-effective provision of urban
services, multi-modal transportation oriented development, and a compact development
pattern is a concentration of persons and activities (emphasis added). Density of development
must also be balanced against community character, parks and open spaces, and the housing
choices of citizens. Quality site and architectural design will materially affect the success and
acceptability of urban density and scale of development.
The Community Commercial Mixed Use designation of the Bozeman Community Plan states
that, “Activities within this land use category are the basic employment and services
necessary for a vibrant community. Establishments located within these categories draw
from the community as a whole for the employee and customer base and are sized
accordingly. A broad range of functions including retail, education, professional and
personal services, offices, residences, and general service activities typify this designation.”
Supportive examples of applicable goals and objectives of the Bozeman Community Plan for
this application include:
Chapter 2 – Addressing Growth and Change
Objective G-2.2 Strive to maintain a balanced supply of land for the variety of uses
necessary to support a vigorous city.
Chapter 3 - Land Use
Objective LU-2.3 Encourage redevelopment and intensification, especially with mixed
uses, of brownfields and underutilized property within the City consistent with the City’s
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adopted standards. Using this approach rehabilitate corridor based commercial uses into
a pattern more supportive of the principles supported by commercial centers.
Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides
public and private basic services and facilities in close proximity to where people live and
work, and minimizes sprawl.
Chapter 4 – Community Quality
Objective C-1.3 Support compatible infill within the existing area of the City rather than
developing land requiring expansion of the City’s area.
Chapter 8 Economic Development
Objective ED-2.4 Foster a diverse economy that will protect the economic climate for
existing businesses and maintain opportunities for business expansion.
In considering the appropriateness of a particular zoning district for a site, it is appropriate to
consider what district will most fully advance the community plan goals. As a zone map
amendment is a legislative, not quasi-judicial, matter the City has broad discretion to decide
the course considered most suitable.
The B-2 Community Business District zoning designation requested is consistent with the
Community Commercial Mixed Use land use designation and the Growth Policy.
B. Secure safety from fire and other dangers.
Neutral. The same standards for emergency access, fire protection, and related issues apply to
any of the zoning districts. The area is within the City’s emergency service locations and is
provided with 911 and other necessary services. Building permits will apply within this
district to ensure correct construction techniques, building exiting, and other safety concerns
have been addressed.
C. Promote public health, public safety, and general welfare.
Neutral. As discussed in Criterion B, there are many standards which apply equally to these
zoning districts. The generally adopted standards of the municipal code will ensure adequate
supply for sanitation, clean water, stormwater control and other items which would possibly
affect this criterion.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. No dedication of rights-of-way or construction of facilities is required because of the
change in zoning. The subsequent subdivision or site plan development review process will
require demonstration of adequate transportation and other facilities. The City’s development
standards require mitigation of site impacts to infrastructure and therefore this criterion is
met. The existing infrastructure and services to the site will continue to serve the existing
buildings and uses. Any expansion of the uses or further development of the site in the future
will require development review. Development review procedures will evaluate specific
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needs for additional services. The City’s development standards require demonstration that
adequate services are available. Section 38.07.010.C, BMC states:
“Placement of any given zoning district on an area depicted on the zoning map indicates a
judgment on the part of the city that the range of uses allowed within that district are
generally acceptable in that location. It is not a guarantee of approval for any given use prior
to the completion of the appropriate review procedure and compliance with all of the
applicable requirements and development standards of this chapter and other applicable
policies, laws and ordinances. It is also not a guarantee of immediate infrastructure
availability or a commitment on the part of the city to bear the cost of extending service.”
E. Reasonable provision of adequate light and air.
Yes. The B-2, Community Business district has been evaluated against this criterion during
the legislative adoption of the district. It has been determined that the district complies. Any
expansion of the use or further development of the site in the future would require
development review. The regulatory standards set forth in the Bozeman Municipal Code for
the requested B-2 zoning district provides the necessary provisions (i.e., yard setbacks, lot
coverage, open space and building heights), which are intended to provide for adequate light
and air for any development on the subject property.
F. The effect on motorized and non-motorized transportation systems.
Neutral. This change in zoning designation should not have a substantial effect on existing or
future motorized or non-motorized transportation systems. There would likely be an increase
in future traffic levels due to the further development of additional B-2 zoned property but
this impact will be required to be mitigated or addressed as part of the future subdivision or
site plan review process for the property. Non-motorized transportation (i.e. bike, sidewalks,
trails, etc.) will also be addressed as part of any future subdivision or site plan review
application.
G. Promotion of compatible urban growth.
Yes. Uses consistent with those allowed in the B-2 District are already established on a part
of this property and were previously deemed to be appropriate for this area. It is anticipated
that the undeveloped portion of the property will be developed consistent with the description
of Community Commercial Mixed Use growth policy designation and in accordance with the
zoning standards for the B-2 District, if approved. This area is near the intersection of two
primary arterial streets in the City and is bound by the I-90 corridor to the north and has good
access. The proposed change to the existing zoning districts will allow a continued urban
growth pattern previously deemed compatible and appropriate for this area. Therefore, this
criterion is met.
H. Character of the district.
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Yes. B-2 uses are already established on this property through the Northside PUD project and
were previously deemed to be appropriate for the character of the district. The character of
this area is commercial in nature and this change to the zoning districts will not alter this
character.
As stated in Section 38.08.010.A “There is a rebuttable presumption that the uses set forth for
each district will be compatible with each other when the standards of this chapter are met
and any applicable conditions of approval have been satisfied.” The future subdivision or
site plan review process will enable the evaluation of any peculiar impacts of proposed
development and mitigation as needed.
I. Peculiar suitability for particular uses.
Yes. The site has been determined appropriate for B-2 uses with near proximity to arterial
streets, I-90, and the City’s trail systems. The change proposed to these existing zoning
districts would not substantially alter the suitability of this property to accommodate further
intensification of commercial uses.
J. Conserving the value of buildings.
Yes. The B-2 designation is consistent with the building types and current uses on the
developed portion of the property. The proposed zone map amendment conserves the current
value and is not detrimental to the value of the adjacent commercial or public uses.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The sum of the findings regarding the other criteria indicates that the proposed change
in zoning encourages the most appropriate uses of the subject property and the property in
the vicinity.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
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APPENDIX A –AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation and Land Uses:
M-1, Light Industrial District: “The intent of the M-1 light manufacturing district is to provide
for the community's needs for wholesale trade, storage and warehousing, trucking and
transportation terminals, light manufacturing and similar activities. The district should be
oriented to major transportation facilities yet arranged to minimize adverse effects on residential
development, therefore, some type of screening may be necessary.”
PLI Zoning District: “The intent of the PLI public lands and institutions district is to provide for
major public and quasi-public uses outside of other districts. Not all public and quasi-public uses
need to be classified PLI. Some may fit within another district, however larger areas will be
designated PLI.”
B-2 Community Business District: “The intent of the B-2 community business district is to
provide for a broad range of mutually supportive retail and service functions located in clustered
areas bordered on one or more sides by limited access arterial streets.”
Adopted Growth Policy Designation:
The growth policy designation for the amendment area and the surrounding area is Community
Commercial Mixed Use which is defined as:
Activities within this land use category are the basic employment and services necessary for a
vibrant community. Establishments located within these categories draw from the community as
a whole for their employee and customer base and are sized accordingly. A broad range of
functions including retail, education, professional and personal services, offices, residences, and
general service activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated
with significant transportation corridors, including transit and non-automotive routes, to facilitate
efficient travel opportunities. The density of development is expected to be higher than currently
seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor
Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in
appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities are anticipated, appropriately designed for an urban
character. Placed in proximity to significant streets and intersections, an equal emphasis on
vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential
areas are expected in close proximity. Including residential units on sites within this category,
typically on upper floors, will facilitate the provision of services and opportunities to persons
without requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to serve
different purposes. Large Community Commercial Mixed Use areas are significant in size and
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are activity centers for an area of several square miles surrounding them. These are intended to
service the larger community as well as adjacent neighborhoods and are typically distributed on a
one mile radius. Smaller Community Commercial areas are usually in the 10-15 acre size range
and are intended to provide primarily local service to an area of approximately one-half mile
radius. These commercial centers support and help give identity to individual neighborhoods by
providing a visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the size
and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not
be overly dominated by any single land use. Higher intensity employment and residential uses
are encouraged in the core of the area or adjacent to significant streets and intersections. As
needed, building height transitions should be provided to be compatible with adjacent
development.
Table C-16 Zoning Correlation with Land Use Categories – Indicates that B-2 zoning is one
of the zoning districts envisioned for the “Community Commercial Mixed Use” Growth
Policy Designation.
Following is the Table of B-2 Uses from the Bozeman Municipal Code which indicates the
permitted land uses within the B-2 zoning district.
Sec. 38.08.020. Authorized uses.
A. Uses in the various residential districts are depicted in Table 38.08.020 in subsection C of this section. Principal uses are indicated with a "P," conditional uses are indicated with a "C," accessory uses are indicated with an
"A" and uses which are not permitted with the district are indicated by a "-."
B. Additional uses for telecommunication uses are contained in article 29 of this chapter.
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C. The uses listed are deliberately broad and some are given special definitions in article 42 of this chapter. The
intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances
of each proposal to be specifically addressed through the review process. Some uses are the subject of special
regulations contained in article 22 of this chapter.
Table 38.10.020
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
Ambulance service — P P
Apartments and apartment buildings6, as defined in this chapter P P1/C P3
Arts and entertainment center, as defined in this chapter P P P
Automobile fuel sales or repair, as defined in this chapter C C C
Automobile parking lot or garage (public or private) P P P
Automobile washing establishment C P C
Banks and other financial institutions P P P
Business, technical or vocational school — C P3
Bus terminals — C C
Community centers P P P3
Community residential facilities with eight or fewer residents P P1/C P3
Community residential facilities serving nine or more residents — C —
Convenience uses C P C
Convenience use restaurant P P P
Day care centers P P P
Essential services (Type I) P P P
Essential services (Type II) — P P
Extended-stay lodgings — P P
Food processing facilities — C —
Frozen food storage and locker rental — P —
Health and exercise establishments P1/C P P
Hospitals — P C
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Hotel or motel — P P
Laboratories, research and diagnostic — P P3
Laundry, dry cleaning — C C
Light goods repair, as defined in this chapter — C A
Lodginghouses — C C3
Manufacturing, light and completely indoors — C —
Mortuary — C C
Museum — C C
Medical and dental clinics P1/C P P
Meeting hall — P P
Offices, as defined in this chapter P1/C P P3
Other buildings and structures typically accessory to permitted uses A A A
Parking facilities P P P3
Personal and convenience services, as defined in this chapter P P P
Pet grooming shop P P P
Printing offices and publishing establishments — — C
Private club, fraternity, sorority or lodge — P P
Public buildings P P P
Refuse and recycling containers A A A
Research laboratories — P P
Restaurants P5 P P
Retail uses, as defined in this chapter P2 P2 P2
Retail, large scale — P —
Sales of alcohol for on-premises consumption7 C C C
Sign paint shops (not including neon sign fabrication) — P C
Upholstery shops (excluding on site upholstery service for cars, boats,
trailers, trucks and other motorized vehicles requiring overnight
— P P3
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storage)
Veterinary clinic — C —
Wholesale distributors with on-premises retail outlets, providing
warehousing is limited to commodities which are sold on the premises
— C —
Wholesale establishments that use samples, but do not stock on
premises
— P P
Any use, except adult businesses and casinos approved as part of a
planned unit development subject to the provisions of article 20 of this
chapter
C C C
Notes: 1When located on the second or subsequent floor, or basement as defined in article 42 of this chapter. 2Excluding adult businesses, and large scale retail, as they are defined in article 42 of this chapter. 3Except on ground floor in the core area as defined in this article. 4Private arts instruction shall only be on the second or subsequent floor in the core area as defined in this article. 5Exclusive of drive-ins. 6May be subject to the provisions of chapter 10, article 8. 7Also subject to chapter 4, article 2.
(Ord. No. 1645, § 18.18.020, 8-15-2005; Ord. No. 1693, § 5(18.18.020), 2-20-2007; Ord. No. 1709, § 3(18.18.020), 7-16-2007; Ord. No.
1761, exh. B(18.18.020), 7-6-2009; Ord. No. 1838, § 4, 9-10-2012)
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Project Description: A request to rezone approximately 7.77-acres from PLI (Public Lands and
Institutions District) and M-1 (Light Manufacturing District) to B-2 (Community Business
District) as allowed by Article 38.37 of the Bozeman Municipal Code. Proposed acreage/zoning
district adjustments summary:
1) 2.63 acres from PLI, Public Lands and Institutions District to B-2, Community Business
District; and
2) 5.14 acres from M-1, Light Manufacturing District to B-2, Community Business District
Therefore, these amendments would result in 7.77 acres of additional B-2, Community Business
District property in the City.
Project Background: The applicant proposes this Zone Map Amendment (ZMA) to adjust
several existing zoning districts for vacant and developed property. This property is part of an
area that has been annexed and zoned for some time. The subject property is a part of the Imes
Addition to the City of Bozeman, which was added to the City Limits in 1890. The developed
portion of the property proposed for rezone is known as the Northside Planned Unit
Development PUD, which includes four buildings and a common area lot for parking and
circulation. The PUD included relaxations for setbacks, parking, and other standards including
use relaxations. As an M-1, Light Industrial zoned property; many of the uses that exist today at
the Northside project would not be consistent with that zoning without the relaxations. The City
approved a change in the underlying land use designation for this property on the City’s future
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land use map from Industrial to Community Commercial Mixed Use during the last update to the
Growth Policy in 2009. This amendment to rezone the property to B-2, Community Business
District, would bring the zoning into conformance to the underlying land use designation.
APPENDIX C – NOTICING AND PUBLIC COMMENT
No public comments have been received to date. Noticing was posted on site, published in the
Bozeman Daily Chronicle, and mailed to all owners within 200 feet of the outer perimeter of the
property. Notice was provided at least 15 and not more than 45 days prior to the Zoning
Commission public hearing on June 17, 2014 and the City Commission public hearing
tentatively scheduled for July 14, 2014.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicants: Bozeman Pea Cannery Properties, LLC, 250 Rivers Road Belgrade, MT
59714 and Montana Avenue Partners, 1006 West Main Street Bozeman, MT 59715 and Green
Thumb, LLC 1612 Gold Avenue Bozeman, MT 59715 and Turczyn Jump, LLC 2712 Daisy
Drive Bozeman, MT 59718 and The Northside Property Owner’s Association 1006 West Main
Street Bozeman, MT 59715
Representative: Comma Q Architecture 109 North Rouse Avenue, #1 Bozeman, MT 59715
Report By: Brian Krueger, Development Review Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
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ORDINANCE NO. 1895 Page 1 of 4
ORDINANCE NO. 1895
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR A TRACT OF
LAND BEING TRACT 3-A OF C.O.S. 2128B, PORTIONS OF BLOCK 2 AND BLOCK 3
OF THE IMES ADDITION TO BOZEMAN THAT IS NORTH OF THE CENTERLINE OF OAK STREET, TRACT B OF THE AMENDED PLAT C-41-E AND TRACT A OF THE AMENDED PLAT C-41-D THAT LIES NORTH OF THE CENTERLINE OF OAK STREET, ALL OF MINOR SUBDIVISION NO’S. 391, 391A AND 391B, AND
ADJACENT STREETS AND ALLEYS; LOCATED IN THE SW1/4 OF SECTION 6,
TOWNSHIP 2 SOUTH, RANGE 6 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone
Map to rezone approximately 7.77-acres from PLI (Public Lands and Institutions District) and
M-1 (Light Manufacturing District) to B-2 (Community Business District) has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on June 17, 2014,
to receive and review all written and oral testimony on the request for a zone map amendment;
and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved as recommended by the Community
Development Department and as provided for in the staff report for approval of 7.77-acres from
PLI (Public Lands and Institutions District) and M-1 (Light Manufacturing District) to B-2 (Community Business District) with contingencies; and
WHEREAS, after proper notice, the City Commission held its public hearing on July 14,
2014, to receive and review all written and oral testimony on the request for a zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the thirteen zone map
amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone
map amendment would be in compliance with the thirteen criteria; and
WHEREAS, at its meeting held on July 14, 2014, the City Commission found that the
proposed zone map amendment would be in compliance with Bozeman’s adopted growth policy
and would be in the public interest.
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ORDINANCE NO. 1895 Page 2 of 4
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section 1
That the zoning district designation of the following-described property is hereby
designated as "B-2" (Community Business District):
A tract of land being Tract 3-A of C.O.S. 2128B, portions of Block 2 and Block 3 of the Imes Addition to Bozeman that is North of the Centerline of Oak Street, Tract B of the Amended Plat
C-41-E and Tract A of the Amended Plat C-41-D that lies North of the Centerline of Oak Street,
all of Minor Subdivision No’s. 391, 391A and 391B, and adjacent streets and alleys; Located in
the SW1/4 of Section 6, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin
County, Montana, being more particularly described as follows:
Beginning at the intersection of the centerlines of Rouse Avenue and Oak Street, thence along
said centerline of Oak Street:
• North 89°21’25” West, 250.94 feet;
• thence 171.89 feet along a curve to the right with a radius of 301.56 feet, a central angle
of 32°39’12”, and a chord that bears North 71°15’50” West, 169.55 feet;
• thence North 54°56’14” West, 512.20 feet;
• thence 266.34 feet along a curve to the left with a radius of 954.93 feet, a central angle of 15°58’49”, and a chord that bears North 62°55’39” West, 265.48 feet;
• thence leaving said centerline, North 02°01’03” East, 23.64 feet to the northwest corner
of Tract 3-A of C.O.S. 2128B;
• thence South 89°23’28” East, 475.70 feet along said north boundary;
• thence South 89°14’47” East, 202.94 feet to the northeast corner of said Tract 3-A;
• thence South 89°06’45” East, 354.25 feet to a point on the centerline of Rouse Avenue;
• thence along said centerline South 02°12’24” West, 482.56 feet to the point of
beginning.
Said area being 7.77 acres more or less, along with and subject to all easements of record or apparent on the ground. Section 2
Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 3 Savings Provision.
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ORDINANCE NO. 1895 Page 3 of 4
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect. Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5 Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zoning Map Amendments.” Section 6
Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14th day of July, 2014.
___________________________________
JEFFREY K. KRAUSS Mayor
ATTEST:
______________________________________
STACY ULMEN, CMC
City Clerk
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ORDINANCE NO. 1895 Page 4 of 4
FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
second reading, at a regular session thereof held on the ________ day of July, 2014.
___________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
______________________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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MINUTES
CITY OF BOZEMAN ZONING COMMISSION,
CITY COMMISSION ROOM, CITY HALL
121 NORTH ROUSE AVENUE TUESDAY, JUNE 17, 2014 6:00 P.M. Minutes linked to the video can be found online at: http://www.bozeman.net/Departments/Administration/City-Commission/Streaming-Video/Archives
ITEM 1. CALL TO ORDER AND ATTENDANCE
Mayor - Jeff Krauss: Present
Commission Chair - Erik Garberg: Present
Commission Member - Julien Morice: Present
Commission Member - George Thompson: Present Commission Member - Dan Stevenson: Present Commission Member - Laura Dornberger: Present
Staff
Chris Saunders, Planning and Policy Manager Brian Krueger, Development Review Manager
Member of the Public
Renna Sanchez – Northwestern Energy
Ben Lloyd – Cannery District Partners Cordell Pool – Stahly Engineering
ITEM 2. PUBLIC COMMENT (Limited to any public matter within the jurisdiction of the Zoning
Commission and not scheduled on this agenda. There is a three-minute time limit per speaker.)
06:15:53 PM – Opened for public comment. No public comment forthcoming
ITEM 3. MINUTES OF MARCH 18, 2014
ITEM 4. PROJECT REVIEW
1. Definition of Essential Services ZCA Z14120 (Saunders)
A Zone Code Amendment Application to amend the Bozeman Municipal Code to revise Section 38.42.990 Essential Services Type 1 and Section 38.42.1000 Essential Services Type II, to add Essential Services Type I to Table 38.09.020 as a principal use, and to create a new
Section 38.22.230 Essential Services to establish special standards applicable to Essential
Services Types I and II. Essential Services Types I and II are definitions describing utility
facilities of differing intensities and enabling them to be assigned as principal or conditional
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uses or prohibited within individual zoning districts. In the public review process of the
amendments the definitions may be divided into additional sections but the overall subject
will remain the same. If additional definitions are created, all the authorized use tables for all
zoning districts as described in Articles 38.08 through 38.14, BMC will be amended to add the new definitions to the authorized use tables and to assign a review process to each
definition of Essential Services by which it can be approved in each zoning district.
06:03:41 PM - Planner Saunders presented the staff report for Application Z14120.
06:15:48 PM – Planner Saunders concluded his presentation.
06:15:53 PM – Chairperson Garberg opened for questions of staff. Questions for Planner Saunders
from Mr. Thompson, Mr. Stevenson, and Mr. Morice.
06:22:39 PM – Chairperson Garberg closed staff questioning and opened for public comment.
Ms. Renna Sanchez, Northwestern Energy, Land and Permitting Department in Butte, spoke
to Northwestern Energy’s long-term goals and requested the Zoning Commission’s support.
06:26:26 PM – Chairperson Garberg closed the public hearing and opened for discussion, motion,
and vote. Questions from Mr. Thompson and Ms. Dornberger.
06:15:53 PM – Opened for motion.
Motion “Having reviewed and considered the application materials, public comment, and all the information
presented, I hereby adopt the findings presented in the staff report for Application Z14120 and move
to recommend approval of the Essential Services Text Amendment Option #2.”
Commission Member - Julien Morice: Motion
Commission Member - Dan Stevenson: 2nd
06:31:45 PM – Opened for discussion of motion.
06:32:13 PM – Vote
Commission Member - Julien Morice: Motion
Commission Member - Dan Stevenson: 2nd Commission Chair - Erik Garberg: Approve
Commission Member - Julien Morice: Approve
Commission Member - George Thompson: Approve
Commission Member - Dan Stevenson: Approve
Commission Member - Laura Dornberger: Approve Motion carries unanimously
06:32:26 PM – Close hearing for Application Z14120 and open for Application Z14072.
2. Cannery District Zone Map Amendment Z14072 (Krueger)
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A Zone Map Amendment application requested by owners Bozeman Pea Cannery Properties,
LLC, 250 Rivers Road Belgrade, MT 59714 and Montana Avenue Partners, 1006 West
Main Street Bozeman, MT 59715 and Green Thumb, LLC 1612 Gold Avenue Bozeman, MT
59715 and Turczyn Jump, LLC 2712 Daisy Drive Bozeman, MT 59718 and The Northside
Property Owners Association 1006 West Main Street Bozeman, MT 59715 and
representative Comma Q Architecture 109 N. Rouse Avenue #1 Bozeman, MT 59715 to
rezone approximately 7.77-acres from PLI (Public Lands and Institutions District) and M-1
(Light Manufacturing District) to B-2 (Community Business District) as allowed by Article
38.37 of the Bozeman Municipal Code. The property is legally described as a tract of land
being Tract 3-A of C.O.S. 2128B, portions of Block 2 and Block 3 of the Imes Addition to
Bozeman that is North of the Centerline of Oak Street, Tract B of the Amended Plat C-41-E
and Tract A of the Amended Plat C-41-D that lies North of the Centerline of Oak Street, all
of Minor Subdivision No’s. 391, 391A and 391B, and adjacent streets and alleys; Located in
the SW1/4 of Section 6, Township 2 South, Range 6 East, P.M.M., City of Bozeman,
Gallatin County, Montana.
06:32:50 PM – Planner Krueger presented the staff report for Application Z14072.
06:41:24 PM – Planner Krueger concluded his staff presentation.
06:41:28 PM – Chairperson Garberg opened for questions of staff. Questions and comments from
Mr. Stevenson, Mr. Thompson, Mayor Krauss, and Ms. Dornberger.
06:50:33 PM - Ben Lloyd, representing Cannery District Partners, spoke for the Applicant.
06:51:43 PM – Chairperson Garberg opened for public comment. No public comment forthcoming.
06:52:01 PM - Chairperson Garberg opened for motion, discussion and vote.
Motion
“Having reviewed and considered the application materials, public comment, and all the information
presented, I hereby adopt the findings presented in the staff report for Application Z14072 and move
to recommend approval of the Zone Map Amendment with contingencies.”
Commission Member - Dan Stevenson: Motion
Commission Member - Laura Dornberger: 2nd
06:52:35 PM – Opened for discussion of motion. Mr. Stevenson addressed his motion.
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06:53:03 PM - Vote
Commission Member - Dan Stevenson: Motion
Commission Member - Laura Dornberger: 2nd
Commission Chair - Erik Garberg: Approve
Commission Member - Julien Morice: Approve
Commission Member - George Thompson: Approve
Commission Member - Dan Stevenson: Approve
Commission Member - Laura Dornberger: Approve Motion carries unanimously.
ITEM 5. NEW BUSINESS
06:53:22 PM – Chairperson Garberg opened for new business. No new business to discuss.
Chairperson Garberg asked for a motion to adjourn. Mr. Stevenson moved to adjourn.
06:53:39 PM - Meeting adjourned.
ITEM 6. ADJOURNMENT
This meeting is open to all members of the public. If you have a disability that requires assistance,
please contact ADA Coordinator, James Goehrung, at 582-3200 (voice) or 582-2301/582-2432 (TDD).
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EXHIBIT A
CANNERY DISTRICT ZONE MAP AMENDMENT
ZONING B-2
A tract of land being Tract 3-A of C.O.S. 2128B, portions of Block 2 and Block 3 of the Imes Addition to
Bozeman that is North of the Centerline of Oak Street, Tract B of the Amended Plat C-41-E and Tract A of
the Amended Plat C-41-D that lies North of the Centerline of Oak Street, all of Minor Subdivision No’s.
391, 391A and 391B, and adjacent streets and alleys; Located in the SW1/4 of Section 6, Township 2
South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more particularly
described as follows:
Beginning at the intersection of the centerlines of Rouse Avenue and Oak Street, thence along said
centerline of Oak Street:
• North 89°21’25” West, 250.94 feet;
• thence 171.89 feet along a curve to the right with a radius of 301.56 feet, a central angle of
32°39’12”, and a chord that bears North 71°15’50” West, 169.55 feet;
• thence North 54°56’14” West, 512.20 feet;
• thence 266.34 feet along a curve to the left with a radius of 954.93 feet, a central angle of
15°58’49”, and a chord that bears North 62°55’39” West, 265.48 feet;
• thence leaving said centerline, North 02°01’03” East, 23.64 feet to the northwest corner of
Tract 3-A of C.O.S. 2128B;
• thence South 89°23’28” East, 475.70 feet along said north boundary;
• thence South 89°14’47” East, 202.94 feet to the northeast corner of said Tract 3-A;
• thence South 89°06’45” East, 354.25 feet to a point on the centerline of Rouse Avenue;
• thence along said centerline South 02°12’24” West, 482.56 feet to the point of beginning.
Said area being 7.77 acres more or less, along with and subject to all easements of record or apparent
on the ground.
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