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HomeMy WebLinkAboutA 4 Laurel GlenPage 1 of 10 Z14071, Staff Report for the Laurel Glen Lot 1 Block 9 Zone Map Amendment NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS PRESENTATION TO THE ZONING COMMISSION ARE SHOWN IN RED. Date: Zoning Commission public hearing is on July 1, 2104 City Commission public hearing is on July 21, 2014 Project Description: Zone map amendment for 2.04 acre from B-1 (Neighborhood Business) to R-2 (Residential Two-Household Medium Density Residential). Project Location: Southwest of the intersection of Laurel Parkway and Annie Street. It is legally described as Lot 1, Block 9, Laurel Glen Subdivision Phase 1. It is located in the S1/2 Section 4, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. Address of the site is 856 Loxley Drive. Recommendation: Conditional approval with contingencies Recommended Motion: Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z-14071 and move to recommend approval of the Laurel Glen Lot 1, Block 9 Zone Map Amendment with staff recommended contingencies. Report Date: June 27, 2014 EXECUTIVE SUMMARY Unresolved Issues None Project Summary The application requests a change to the City of Bozeman zoning map for approximately 2.04 acres at 856 Loxley Drive. The proposed amendment is from B-1 (Neighborhood Business) to R-2 (Residential Two-Household Medium Density). A growth policy amendment is also in process and is about two weeks ahead of this application in the review process. Alternatives 1) Approve the application as it was submitted. 2) Deny the application 345 Z14071, Staff Report for the Laurel Glen Lot 1, Block 9 Zone Map Amendment Page 2 of 10 3) Continue the application and request additional information Zoning Commission The Zoning Commission recommended approval of the application as it was submitted after conducting their public hearing on July 1, 2014. The video of the Zoning Commission meeting may be reviewed at: http://www.avcaptureall.com/Sessions.aspx#session.06ff8ef0- b178-4912-a99b-9c20c2b66b61. The application began at approximately 47 minutes into the recording. The City Commission was scheduled to act on the requested associated growth policy amendment from Community Commercial Mixed Use to Residential on July 7, 2014. Due to the applicant’s absence the item was continued to July 14th. The Commission’s action will therefore occur after this report must be submitted. The staff will verbally report on the decision on the growth policy amendment during its presentation on July 21st. TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................ 1 Unresolved Issues ......................................................................................................... 1 Project Summary ........................................................................................................... 1 Alternatives ................................................................................................................... 1 SECTION 1 - MAP SERIES .............................................................................................. 3 SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL .......................... 5 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS .................................. 5 SECTION 4 - STAFF ANALYSIS..................................................................................... 6 Section 76-2-304, MCA (Zoning) Criteria ................................................................... 6 APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ......... 8 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.......... 9 APPENDIX C – NOTICING AND PUBLIC COMMENT ............................................. 10 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF...................... 10 FISCAL EFFECTS ........................................................................................................... 10 ATTACHMENTS ............................................................................................................. 10 346 Z14071, Staff Report for the Laurel Glen Lot 1, Block 9 Zone Map Amendment Page 3 of 10 SECTION 1 - MAP SERIES Vicinity Map showing adjacent zoning designations Surrounding Zoning and Land Uses North: Vacant zoned R-2, Residential Medium Density District South: Two household residences homes zoned R-2, Residential Medium Density district East: R-1, Residential Single-household low density district and Park, PLI, Public Lands and Institutions West: Detached single homes, R-1, Residential Single-household low density district 347 Z14071, Staff Report for the Laurel Glen Lot 1, Block 9 Zone Map Amendment Page 4 of 10 Vicinity Map from Growth Policy Figure 3-1 348 Z14071, Staff Report for the Laurel Glen Lot 1, Block 9 Zone Map Amendment Page 5 of 10 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 to establish an initial municipal zoning designation shall be identified as the “Laurel Glen, Lot 1, Block 9, Zone Map Amendment”. 2. That the applicant submit a zone amendment map, titled “Laurel Glen, Lot 1, Block 9 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 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 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 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 approval of the Zone Map Amendment shall be contingent on the City Commission’s approval of the Growth Policy Amendment of the subject property from Community Commercial Mixed Use Core to Residential to ensure the project remains consistent with the Bozeman Community Plan. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Laurel Glen Lot 1, Block 9, Zone Map Amendment File: Z-14071 Having considered the criteria established for a Zone Map Amendment, the Staff recommends approval with contingencies needed to complete the application process only in the event that the City Commission approves the associated growth policy amendment. The Development Review Committee (DRC) held a meeting on May 21, 28th and June 4th, 2014 to consider the zone map amendment. They found no impediments to the R-2 zoning district but made no recommendations. The Zoning Commission will hold a public hearing on Tuesday, July 1, 2014 to consider the zone map amendment. The City Commission will hold a public hearing on Monday, July 21, 2014 to consider both the zone map amendment and the associated growth policy amendment. 349 Z14071, Staff Report for the Laurel Glen Lot 1, Block 9 Zone Map Amendment Page 6 of 10 SECTION 4 - STAFF ANALYSIS In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Conditional Yes. Current growth policy designation is Community Commercial Mixed Use. An amendment to change Figure 3-1 of the growth policy for the subject property to Residential has been submitted and is under review. If the City Commission approves the change then the zoning will be consistent with the growth policy. If not, then it is not consistent with the growth policy. B. The effect on motorized and non-motorized transportation systems. Yes. The transportation system currently in place is adequate to carry anticipated traffic from both the existing and proposed zoning. The B-1 district allows uses with a higher intensity of traffic generation than the R-2 district. The R-2 zone has greater setback requirements. It is expected that the proposed change would therefore generate less traffic overall. C. Secure safety from fire, panic, and other dangers. Yes. The proposed amendment alters the zone map not any development standards. The change to the map is not expected to affect these criteria. D. Promote public health, public safety, and general welfare. Yes. The amendment allows residential development within the City and on municipal services. The City’s services can be provided at the site with either the proposed or existing zoning. No limitations on service availability have been identified. Mitigation of site specific impacts will be addressed during site development review. E. Reasonable provision of adequate light and air. Neutral. The amendments do not amend setbacks, park requirements or other standards affecting this issue. The R-2 district has been found to satisfactorily meet this criterion. F. Prevention of overcrowding of land. Yes. The R-2 district applies acceptable density standards. Development within the City will be subject to a variety of standards for park dedication, building heights, provision of municipal infrastructure and other items to ensure that there is not more density of population or use than can be safely accommodated. 350 Z14071, Staff Report for the Laurel Glen Lot 1, Block 9 Zone Map Amendment Page 7 of 10 G. Avoiding undue concentration of population. Yes. The proposed amendments will apply City development standards to the property. Undue concentration occurs when the demand for services overwhelms the ability to deliver them. The City’s development review process will ensure that adequate municipal facilities are installed to meet the needs of future population on the subject property. Therefore, no undue concentration will occur. H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Yes. See items B, D and F. I. Conserving the value of buildings. Yes. The proposed amendments do not affect any existing residential buildings on the site. Adjacent property is of similar zoning as that requested. The future development of the site will be of a character that will conserve and not damage the value of adjacent property. Review is likely to occur through a site plan review process as the property is of a size that is larger than probable to develop as just a two home structure. J. Character of the district. Neutral. The property is presently vacant. The adjacent areas are designated for urban density residential uses. The adjacent property to the North is vacant land zoned R-2, Residential Medium Density. A proposed development of two-household structure is pending. The adjacent property to the south is developed with two-household structures. The adjacent properties to the West are developed with detached single homes. To the East is zoned as R-1, Residential Single household low density district and Park, PLI, Public Lands and Institution. It is expected that it will develop as park in connection with subdivision of adjacent property. While local change will occur, the larger scale character will be similar. K. Peculiar suitability for particular uses. Neutral. The property is proposed to be rezoned to R-2. Residential development is appropriate for the location. There are several other residential districts which could also be appropriate. There are no physical features or other attributes which make the site of peculiar suitability for a particular use. L. Encourage the most appropriate use of land throughout the jurisdictional area. Neutral. The affected area is quite small compared to the overall jurisdictional area. The change is unlikely to materially affect the overall distribution of uses. M. Promotion of Compatible Urban Growth. Yes. The proposed amendment applies a district determined to be acceptable for urban characteristics. The site is located within the urban service areas for all municipal services. 351 Z14071, Staff Report for the Laurel Glen Lot 1, Block 9 Zone Map Amendment Page 8 of 10 The location is within the existing municipal boundaries and development area. The change in zoning will not expand the City boundaries. The development of the area as residential will be subject to municipal standards for urban development. APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS Zoning Designation and Land Uses: The intent of the R-2 residential two-household medium density district is to provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. Adopted Growth Policy Designation: If the City Commission approves the growth policy amendment, P-14020, the property is designated as “Residential” in the Bozeman Community Plan. The Plan indicates that “This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation 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 between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area.” 352 Z14071, Staff Report for the Laurel Glen Lot 1, Block 9 Zone Map Amendment Page 9 of 10 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND The Laurel Glen development requested annexation in 2001. The property was formally annexed by Resolution 3649 approved by the City Commission on January 20, 2004. A preliminary plat for a four phase major subdivision was approved on May 20 2002. The Commission minutes note that traffic flow along Durston Road and the capacity and signalization of Cottonwood Road and Huffine Lane intersection in the review significant issues. The placement of the commercial node was part of the considerations in finding that there could be adequate traffic capacity. It was expected that the commercial services would provide some capture of vehicle trips which would otherwise go out on the arterial street network. Since that time the intersection of Cottonwood Road and Huffine Lane has been signalized, Durston Road has had significant expansions to increase capacity. The site remains undeveloped and therefore has not captured any trips. Less than half of the originally approved subdivision also remains undeveloped at this time. However, the presently undeveloped area is going through subdivision review with the area south of Annie Street having been recently approved and the area north of Annie Street to be considered by the City Commission in July. A growth policy amendment was submitted concurrently with this application, the request was to change the designation of the area from Community Commercial Mixed Use to Residential, which would make the zoning request consistent with the Bozeman Community Plan. The proposal will change roughly 2.04 acre from B-1 (Neighborhood Business) to R-2 (Residential Two-Household Medium Density Residential). The property is located at the southwest intersection of Laurel Parkway and Annie Street. It is a partial block surrounded by streets on three sides. It is located adjacent to a park area on the east side of Laurel Parkway. The parcel is presently vacant. The adjacent properties are residentially planned and zoned. They are developed with a variety of attached and detached homes. A few vacant parcels remain in the area. 353 Z14071, Staff Report for the Laurel Glen Lot 1, Block 9 Zone Map Amendment Page 10 of 10 APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was published in the legal section of the Bozeman Daily Chronicle on June 15 and 22, 2014. The site was posted in locations on June 12, 2014. Notice was mailed to all property owners within 200 feet of the outer boundary of the site on June 12, 2014. Notice will be provided at least 15 and not more than 45 days prior to the public hearings on July 1 and 21, 2014. The public was given notice of both the zone map amendment and the public hearing for the related growth policy amendment. One written comment was received which addresses concerns about residential character. A copy of the comment is provided. Any further comments received will be provided to review agencies prior to or at the public hearings. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Manhattan Bank, 2610 W. Main Street, Bozeman MT 59718 Applicant: Great Western Investments, 4721 Glenwood Drive, Unit D, Bozeman MT 59718 Representative: Caddis Engineering and Land Surveying, PO Box 11805, Bozeman, MT 59719 Report By: Chris Saunders, Policy and Planning Manager FISCAL EFFECTS No unusual fiscal effects have been identified. No budget line items are specifically affected by this request. 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 and plats 354 355 356 357 358 359 360 361 1 MINUTES CITY OF BOZEMAN ZONING COMMISSION, CITY COMMISSION ROOM, CITY HALL 121 NORTH ROUSE AVENUE TUESDAY, JULY 01, 2014 6:00 P.M. To see the minutes that are linked to the video http://www.bozeman.net/Departments/Administration/City-Commission/Streaming-Video/Archives ITEM 1. CALL TO ORDER AND ATTENDANCE 09:18:02 AM Deputy Mayor - Jeff Krauss: Present Council Member - Erik Garberg: Present Board Member - Julien Morice: Absent Board Member - George Thompson: Present Board Member - Dan Stevenson: Absent Board Member - Laura Dornberger: Present Staff Chris Saunders, Planner Members of Public Bryan Klein - 94 Little Wolf Rd Susan Riggs 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.) 09:18:34 AM - Opened for public comment. No public comment forthcoming ITEM 3. MINUTES OF JUNE 17, 2014 09:18:43 AM – Chair Pro-Tem Garberg asked for motion and second to approve minutes of 6/17/2014. Board Member - George Thompson: Motion Board Member - Laura Dornberger: 2nd ITEM 4. PROJECT REVIEW 1. Cattail North ZMA Z14053 (Saunders) A Zone Map Amendment Application requested by the property owner Valley Center, LLC, P.O. Box 11890, Bozeman MT 59719, represented by Morrison-Maierle, Inc., P.O. Box 1113, Bozeman MT 59771 to amend the zoning map to change approximately 32-acres from R-O (Residential Office) to B-2 (Community Business) and rezone approximately 3 acres from R-4 (Residential High Density) to R-O (Residential Office) as allowed by Article 38.37 of the Bozeman Municipal Code. The property is described as Lot 2A of Minor 362 2 Subdivision 221E, located in Section 26, Township 1S, Range 5E, P.M.M., City of Bozeman, Gallatin County, Montana. The project is generally located on the southwest intersection of Valley Center Road and North 27th Avenue. 09:19:09 AM – Open for item #1 Project review. 09:19:31 AM – Planner Saunders presented his staff report. 09:26:29 AM – Planner Saunders finished his presentation and responded to questions. Questions from Mr. Garberg and Ms. Dornberger. 09:27:40 AM- Questions for Planner Saunders closed and presentation by Applicant. Susan Riggs, Intrinsik Architecture, 111 N. Tracy Ave., representing the applicant, addressed the Commission. 09:31:09 AM- Closed for Applicant and opened for questions. Questions from Mr. Thompson, Laura Dornberger, Mr. Garberg 09:35:29 AM – Motion R-O: “Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z-14053 and move to recommend approval of the change from R-4 to R-O in the Cattail North Zone Map Amendment with staff recommended contingencies.” Board Member - Laura Dornberger: Motion Board Member - George Thompson: 2nd 09:36:02 AM - Opened for discussion of motion. Ms. Dornberger addressed his motion. 09:36:19 AM - VOTE Board Member - Laura Dornberger: Motion Board Member - George Thompson: 2nd Deputy Mayor - Jeff Krauss: Abstain Council Member - Erik Garberg: Approve Board Member - Julien Morice: Absent Board Member - George Thompson: Approve Board Member - Dan Stevenson: Absent Board Member - Laura Dornberger: Approve Motion Carries unanimously. 09:36:32 AM – Opened for motion. 09:42:37 AM - Motion B-2: “Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the Applicants materials for application Z-14053 and move to recommend approval of the area requested as B-2 in the Cattail North Zone Map Amendment with staff recommended contingencies.” 363 3 09:43:55 AM – Opened for Discussion of motion. 09:49:07 AM – Vote Board Member - Laura Dornberger: Motion Board Member - George Thompson: 2nd Deputy Mayor - Jeff Krauss: Abstain Council Member - Erik Garberg: Approve Board Member - Julien Morice: Absent Board Member - George Thompson: Approve Board Member - Dan Stevenson: Absent Board Member - Laura Dornberger: Approve Motion carries unanimously. 10:02:48 AM - Reconvened meeting. Chair Pro-Tem Garberg opened Item #2 10:03:11 AM – Planner Saunders presented his staff report and answered questions. 2. Laurel Glen Zone Map Amendment Z140712 (Saunders) A Zone Map Amendment application requested by the property owner Manhattan Bank, 2610 W. Main Street, Bozeman MT 59718, represented by Caddis Engineering and Land Surveying, PO Box 11805, Bozeman MT 59719 to change approximately 2.04 acres from B- 1 (Neighborhood Service district) to R-2 (Residential Single Household Medium Density District) as allowed by Article 38.37 of the Bozeman Municipal Code. The property is described as Lot 1, Block 9, Laurel Glen Subdivision Phase 1 located in the S1/2 Section 4, Township 2S, Range 5E, P.M.M., City of Bozeman, Gallatin County, Montana. The project is generally located on the southwest intersection of Laurel Parkway and Annie Street. 10:05:35 AM Planner Saunders concluded his staff presentation. 10:05:34 AM - Chairperson Garberg opened for questions of Staff. No questions forthcoming. 10:05:39 AM – via phone call the applicant’s representative Matt Cotterman addressed the Commission. 10:06:38 AM - Chairperson Garberg opened for questions of applicant. No questions forthcoming. 10:06:54 AM - Opened for public comment. No public comment forthcoming 10:07:08 AM- Chair Garberg opened for Motion, Discussion and Vote. 10:07:20 AM – Motion “Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z- 14071 and move to recommend approval of the Laurel Glen Lot 1, Block 9 Zone Map Amendment with staff recommended contingencies. “ 364 4 Board Member - Laura Dornberger: Motion Board Member - George Thompson: 2nd 10:07:49 AM – Ms. Dornberger spoke to his motion. Comments from Mr. Thompson. 10:09:00 AM - Vote on Motion Deputy Mayor - Jeff Krauss: Abstain Council Member - Erik Garberg: Approve Board Member - Julien Morice: Absent Board Member - George Thompson: Approve Board Member - Dan Stevenson: Absent Board Member - Laura Dornberger: Approve Motion passed unanimously. ITEM 5. NEW BUSINESS 10:09:17 AM – Chair Garberg made comments. ITEM 6. ADJOURNMENT 10:09:39 AM – Chair Garberg meeting adjourned. 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). 365 366