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