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Z-14053, Staff Report for the Cattail North 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: A Zone Map Amendment application to rezone 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).
Project Location: The property is located on the southwest intersection of Valley Center
Road and N. 27th Avenue and is legally described as Lot 2A of Minor Subdivision
221E, located in Section 26, T1S, R5E, P.M.M., City of Bozeman, Gallatin County,
MT.
Recommendation: Approval with contingencies
Recommended Motions:
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.
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 staff report 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.
Report Date: June 27, 2014
Staff Contact: Chris Saunders
EXECUTIVE SUMMARY
Unresolved Issues
None
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Project Summary
The application requests two changes to the zoning map: from R-O, Residential Office to
B-2, Community Business for approximately 32 acres west of the intersection of Valley
Center Road and N. 27th Avenue; and a change from R-4, Residential High Density to R-O,
Residential Office for approximately 3 acres in the southwest portion of the site. A
corresponding growth policy amendment is also being processed.
Zoning Commission
The Zoning Commission recommended approval of the application as submitted after
conducting their public hearing on July 1, 2014. The City Commission approved the
associated growth policy amendment to Community Commercial Mixed use on July 7, 2014.
The applicant must provide a map of the area in order to complete the required resolution to
amend the growth policy.
References to Residential Emphasis Mixed Use (REMU) which were considered by the
Zoning Commission have been removed throughout the report. That district no longer
corresponds with the approved underlying growth policy designation.
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 3 minutes after the beginning of the
recording.
Alternatives
1) Approve the application as it was submitted.
2) Approve an area of less than 32 acres to change from R-O to B-2 and approve the change
from R-4 to R-O
3) Deny the application
4) Continue the application and request additional information
TABLE OF CONTENTS
EXECUTIVE SUMMARY ................................................................................................ 1
Unresolved Issues ......................................................................................................... 1
Project Summary ........................................................................................................... 2
Alternatives ................................................................................................................... 2
SECTION 1 - MAP SERIES .............................................................................................. 4
SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL ........................ 10
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ................................ 10
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SECTION 4 - STAFF ANALYSIS................................................................................... 11
Section 76-2-304, MCA (Zoning) Criteria ................................................................. 11
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ....... 19
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND........ 22
APPENDIX C – NOTICING AND PUBLIC COMMENT ............................................. 22
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF...................... 23
FISCAL EFFECTS ........................................................................................................... 23
ATTACHMENTS ............................................................................................................. 23
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SECTION 1 - MAP SERIES
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General Vicinity Map with Aerial Photo
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Vicinity Map showing adjacent growth policy desingations and City limits.
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Surrounding Zoning and Land Uses
North: Vacant land that is not located within City limits, County zoning of Agricultural
Suburban, and Interstate 90 zoned M-2, Manufacturing and Light Industrial District
South: Vacant land and District 7 bus depot that is zoned PLI, Public Lands and
Institution District, and a park and multi-household development zoned R-4, Residential
High Density District
East: Vacant land zoned B-2, Community Business District
West: Detached single home and vacant land located outside City limits, County zoning
of Agricultural Suburban.
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Vicinity Map with Major Street Network.
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General boundaries of proposed zoning changes
Cattail North Zone Map Amendment Page
General boundaries of proposed zoning changes
Page 9 of 23
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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. These do not require revisions to the application or requested
zoning designation. These are recommended if the City Commission decides to approve the
application.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “Cattail North, Zone Map Amendment”.
2. That the applicant submit a zone amendment map, titled “Cattail North 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. The 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 a portion of the subject property from
Residential to Community Commercial Mixed Use to ensure the project remains
consistent with the Bozeman Community Plan.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Cattail North Zone Map Amendment
File: Z-14053
Having considered the criteria established for a Zone Map Amendment, Staff
recommends favorably for the change of R-4 to R-O on three acres. Based upon the
Commission’s action to adopt an amendment to the same property for CCMU the criteria
appear to be met for the change from R-O to B-2.
The Development Review Committee (DRC) considered the amendment on May 21st,
28th and June 4th. The DRC noted that improvements to North 27th Avenue along the east
side of the property will need to be improved to a collector street and Davis Lane to a minor
arterial street as development occurs on the property. It was also noted that a new sewer
main to a new regional lift station to the northwest of the property will be necessary in the
future. Finally, the Bozeman Water Facility Plan shows future 12” water mains in Davis
Land and Valley Center Road. The owner shall participate in the cost of these improvements
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at the time of development. Timing for the improvements will be determined during the
subdivision or site development process.
The City Commission will hold a public hearing on Monday, July 21, 2014 to consider
the zone map amendment.
SECTION 4 - STAFF ANALYSIS
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following. Staff has provided an analysis of both the
applicant requested B-2 & R-O zoning classifications.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Table C-16 from the Bozeman Community Plan shows the correlation between land use
designations and the implementing zoning districts.
R-O, Yes. The current growth policy designation for that area is Residential. R-O is one
of the implementing zoning districts for that designation. There are no conflicts with the
policies and goals identified due to this change.
B-2, Conditional. Current growth policy designation is Residential. An amendment to
change Figure 3-1 of the growth policy for the subject property to Community Commercial
Mixed Use has been submitted and is under review. If the City Commission approves the
change to CCMU then the zoning will be consistent with the growth policy. If not, then it is
not consistent with the growth policy. The proposal has potential inconsistencies with the
growth policy as described in the Growth Policy Amendment staff report which has been
provided for reference as Exhibit A. Additional information is necessary to conclude
definitively that the amendment is consistent.
The City Commission preliminarily approved the growth policy amendment necessary to
support a change to B-2 district on July 7th. Any implementing ordinance for this zone map
amendment must wait until the growth policy amendment has been adopted by resolution of
the Commission.
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B. The effect on motorized and non-motorized transportation systems.
The property is bounded by three streets, N. 27th Avenue, Valley Center Road, and
Westlake Road. N. 27th Avenue is a planned collector street, Valley Center Road is a primary
arterial and Westlake Road is a local street. Davis Lane to the west is connected to Valley
Center Road by Westlake Road. Development of the site will require bringing adjacent
streets to City standards. The right of way generally exists for the proper width of streets. The
intersection of Valley Center Road and N. 27th Avenue will be signalized at some point.
Whether the necessary warrants justifying signalization will occur with this development is
unknown at this point. A traffic study is required with subdivision or site plan review to
determine if the existing transportation system has adequate capacity for the proposed zoning
designations. If there are deficiencies identified those review processes have requirements for
mitigation of those deficiencies.
Under any development pattern, the City’s minimum development standards require
provision of sidewalks on all streets. Bicycle lanes are required along arterial and collector
streets such as N. 27th Avenue and Valley Center Road. Trails are incorporated within
parklands. There are adopted standards for street widths and capacities which will not be
affected by a change to the zoning map.
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A number of possible residential development types are probable on the subject property
as it is presently zoned. However, making simple assumptions based on the surrounding
residential types and current zoning classification and correlating those types with the 9th
Edition Institute of Transportation Engineers (ITE) Trip Generation Manual we can create
hypothetical traffic generation scenario to compare traffic impacts of the proposed zoning
change. The analysis below assumes average weekday trips. Please note these are
hypothetical and require a number of assumptions that may or may not occur.
Maximum theoretical density in the R-4 or R-O District is 32 units per acre. However,
this density would likely require underground parking and efficiency units which are unlikely
in the Bozeman area at this time. It is more likely to have a maximum density of
approximately 24 units per acre in the R-4 or R-O District. Table 38.08.020 in the Bozeman
Municipal Code lists the permitted uses in the R-4 Zoning District including apartments, two,
three, or four-household dwellings, and townhouses with five attached units. Referring to the
Institute of Transportation Engineers Trip Generation Manual (ITE manual) land use
category 220 (Apartments) indicates an average of 6.65 daily trips are generated on
weekdays for each dwelling unit; land use category 210 (Single detached housing) indicates
an average of 9.52 daily trips are generated on weekdays for each dwelling unit.
For estimating purposes, the City assumes that 50% of land area for residential
development will be used for roads, parks, stormwater, or other non-buildable areas. If the
entire 55 acre site were developed as apartments a total of 4,390 daily vehicle trips is
estimated. If the entire 55 acre site were developed as detached homes to meet minimum
development standards 2,094 daily vehicle trips are estimated.
A similar comparison can be prepared for the non-residential zoning. The City evaluates
land intensity for commercial purposes differently. For commercial uses, the City considers a
floor area ratio (FAR), or the ratio between the land area and the amount of building on a
site. Appendix C, Table C-9 of the growth policy shows a range of documented intensities of
floor area ratios and how they almost doubled over a four year period from a FAR of .22 to
.42. Floor area ratio can act as somewhat of a proxy for land costs. As land costs increase the
more intensity of development is placed to recoup the cost of the land investment. The
growth policy encourages an FAR of .5 or higher within the Community Commercial Mixed
Use areas of the City.
Non-residential development does not have a parkland dedication requirement.
Therefore, it can use a higher proportion of the land. For estimating purposes, the City
assumes that 25% of land area for residential development will be used for roads,
stormwater, or other non-buildable areas. Referring to the ITE manual land use category 710
(General Office Building) indicates an average of 11.03 daily trips are generated on
weekdays for 1,000 square feet of office. There are many different retail land uses. The City
uses a blended rate to capture an average of the various uses described in the ITE manual
land uses 810-897. The blended rate is 42.7 trips per 1,000 square feet of retail space.
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If the requested 32 acres were changed to B-2 and developed as all offices with a FAR of
.22 the 32 acres would likely generate 2,537 trips. An FAR of .42 would generate 4,843 daily
trips. If the 32 acres were changed to B-2 and developed all as retail with an FAR of .22 the
daily trip generation is 9,821. An increase in the FAR to .42 would generate 18,749 trips.
Considering the minimum allowed density with the current zoning on all 55 acres would
generate 2,094 trips. The maximum probable development as described above is a
combination of residential apartments and office spaces in the R-O district and retail in the
B-2 generating a total of 20, 578 trips. The nearly ten times difference between these two
scenarios demonstrates that the change in zoning can have a substantial impact of travel
demand and associated mitigation. However, it must be noted that neither the least nor most
intense is the likely outcome.
All land within the City is subject to Section 38.07.010.C which reads:
“C. 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 services.”
R-O, Yes. The proposed R-O zoning of the approximately 3 acres would have a higher
development intensity than the existing R-4 zoning district as explained above. The R-O and
R-4 districts both allow a range of residential uses from single detached homes through
apartment buildings. The R-O district also allows up to 49% of building area to be
constructed as offices. The change from R-4 to R-O is likely to not make a material change
as their uses are similar, the location of the change is more likely to be developed as
residential under either district, and the area of the change is a comparatively small portion of
the entire tract.
B-2, Neutral. The change from R-O to B-2 allows a wider range of uses which as a
whole tend to have higher rates of vehicle trips to and from them. The transportation system
in the area has been planned with consideration of the existing R-O zoning district.
Mitigation of additional demands can be made by widening of Westlake Road, N. 27th
Avenue and Valley Center Road and appropriate intersection improvements. There is
additional capacity which can be added to N. 27th Avenue and Valley Center Road and
therefore should have adequate capacity to carry anticipated traffic. However, at this time no
specific analysis to identify specific capacity expansions has been completed. The current
roadway configuration would be inadequate without expansion.
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C. Secure safety from fire, panic, and other dangers.
Neutral, Both Options. 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.
B-2 and R-O, Modest Effect. The impacts of this proposal include changing the potential
for additional residential development that would support existing and future commercial
development in the area. The intensity of uses will be increased with the approval of this
amendment, which may impact traffic in the area. Additionally, the portion of the property
that remains in R-O designation only has roadway adjacency to the north (Westlake Road).
There is a potential street connection to the south but that has not been constructed at this
time. When development occurs, consideration to the layout of roadways to each area should
be carefully considered to ensure adequate access to the residential portion of the site.
Compliance with the City’s park dedication, utilities standards, zoning standards, and
subdivision and site plan processes should provide adequate opportunity to identify and
address any specific concerns.
E. Reasonable provision of adequate light and air.
Neutral, Both Options. The amendments do not amend setbacks, parking requirements or
other standards affecting this issue. The proposed districts have been found to satisfactorily
meet this criterion.
F. Prevention of overcrowding of land.
R-O, Yes. The R-O zoning standards, including required yards and on-site open space,
dedication of parkland, and related standards will limit density of development to an
acceptable amount. The change is comparatively small and of the same district as a
significant amount of adjacent property.
B-2, No. The B-2 zoning district is intended 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. The B-2 zone has smaller setbacks, higher intensity
uses and 100% lot coverage is permissible.
Comparison of the R-O district to the B-2 district indicates a more intensive development
pattern in the B-2 zoning district. The B-2 district allows for some high intensity residential
uses. A portion of the subject property will remain in R-O zoning which will serve to
separate the proposed B-2 zoned property and the R-4 zoned land to the south and
unincorporated land to the west.
A question of overcrowding the land is not just limited to service impacts. While there
may be enough infrastructure to support the proposed zone change a broader consideration of
the amount of existing commercially zoned land in the NW quadrant is important. There is
an existing commercial node that extends to the east and south and has approximately 80
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acres of undeveloped land. The area is beginning to develop with recent construction of a
new hotel and approval of a master plan for development of the majority of the rest of the
area. The area is in multiple ownerships and not all parcels are in development. The proposed
B-2 zoning expansion of the subject property raises a concern of whether there is enough
economic capacity to support the additional commercial development in this area or if by
expanding the potential for development of the existing commercially undeveloped property
is diminished. Staff has not received any information from the applicant on regional capacity
or need for additional commercial development in the area.
G. Avoiding undue concentration of population.
Yes, Both Options. 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.
Neutral, Both Options. Access to the site from the north is blocked by Interstate 90. Users
of commercial services would be coming from the south in the developing Cattail
Subdivision area, from the west along Valley Center Road from existing unannexed
development, or from the east from the N. 19th Avenue area. Residential users would be
coming from the south and west. Presently, the Department of Transportation has proposed
to close the I-90 underpass which links the Frontage Road to Valley Center Road. If this
happens, there will be no northern access in near proximity to the site. N. 27th Avenue is
approximately .7 miles from the intersection of N. 19th Avenue and Valley Center Road.
Development west of Davis Lane is presently impeded by a lack of access to municipal
sewer. The City is undertaking a study to identify the best option to provide efficient sewer
service to that area. The current sewer facility plan has identified the need for a large regional
lift station and force main. Once the current study is completed cost figures and locations of
improvements will be available. Development west of N 27th Avenue also has some sewer
limitations but there are some less complex options to address that area.
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. Provision of
services will be required prior to construction of buildings.
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I. Conserving the value of buildings.
The proposed amendments do not affect any existing buildings on the site. There is one
agricultural building on the site which will probably be removed with development under any
of the zoning districts.
B-2 & R-O, Undetermined. The development pattern of the B-2 zoning district would be
compatible with adjacently zoned property to the east, but there is a concern about
transitioning from commercial to residential property to the west. An unanswered question
remains that if N. 27th Avenue is not to be the boundary between a more residentially focused
are an the commercial district to the east then what will be and how will that be
memorialized for future decision making. There is a residential area with a rural character to
the west. The proposed amendments do not alter the zoning adjacent to that existing
residential area. However, the western boundary of the requested B-2 area is within
approximately 360 feet of the rural development. Any development of the property would
follow the development review process through the Community Development Department.
J. Character of the district.
B-2 & R-O, Neutral. The property is presently vacant. The adjacent areas are designated
for a variety of uses. The adjacent property to the North is a large right of way for Valley
Center Road, I-90, railroad, and frontage road within the City, zoned M-2, Manufacturing
and Light Industrial District; and agricultural ground that is not located within City limits,
County zoning of Agricultural Suburban. South is vacant land and District 7 bus depot that is
zoned PLI, Public Lands and Institution District, and a park and multi-household
development zoned R-4, Residential High Density District. East is vacant land zoned B-2,
Community & Business District and west is detached single home and vacant land located
outside City limits, County zoning of Agricultural Suburban. The proposed B-2 and R-O
designations would be consistent with the other surrounding zoning districts to the north, east
and south.
K. Peculiar suitability for particular uses.
B-2 & R-O, Neutral. The property is proposed to be rezoned to B-2 & R-O. Commercial
development could be considered appropriate for the location. There are several other
commercial 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.
R-O, Yes. The approximately 3 acres to be changed from R-4 to R-O is located in such a
way that the change in zoning designation is unlikely to alter the ultimate uses. Both districts
remain predominantly residential in character. The change to R-O removes a boundary which
does not correspond to any physical feature. The change enable land design to be best suited
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to a single zoning district rather than trying to accommodate a boundary which is not related
to physical features. The area to be changed is small and will not modify the overall land use
pattern in the community. The area remains a dominantly residential character.
B-2, No. Moving the B-2 designation across N. 27th Avenue and fronting Valley Center
Road, although adjacent to an existing commercial node, is beginning a move to a more
corridor oriented land use pattern along Valley Center Road, which is not supported by the
Bozeman Community Plan.
Impacts to the facilities and services will be affected by this application. Examination of
the presently in place R-O zoning or the requested B-2 zoning which could replace it if the
amendment is improved shows that they have different nuances, but B-2 zoning allows a
more substantial intensity of uses. The sets of development standards would alter the form of
the future development. As previously mentioned the owner would be required to participate
in the cost of improvements and the City’s site development process provides for the
opportunity to identify and require mitigation of impacts. The area is located within the
City’s service area and has been annexed. At time of development detailed evaluation of
demand for services and capacity to give service will be conducted and needed mitigation
will be identified.
M. Promotion of Compatible Urban Growth.
R-O, Yes. The area to change from R-4 to R-O is located in such a way that the change in
zoning designation is unlikely to alter the ultimate uses. Both districts remain predominantly
residential in character. The change to R-O removes a boundary which does not correspond
to any physical feature. The change enable land design to be best suited to a single zoning
district rather than trying to accommodate a boundary which is not related to physical
features.
B-2, No. A larger analysis of the area is necessary to determine if an additional 32 acres
of completely commercial development could be supported in the area. The most recent
zoning land use inventory for the City (page 6 of the report) completed at the end of 2013
shows 395 acres of vacant B-2 zoned property within the City. This is 29.9% of all B-2
zoned land in the City. A copy of the report is attached. The report only looks at annexed and
zoned properties. It does not consider any properties outside of the City. A constructed use
on a parcel causes the entire parcel to show as developed even if there is additional capacity
for development on the parcel.
The proposed B-2 zoning would be compatible with properties to the east, but as
discussed previously there is a concern for the transition to the westerly undeveloped
residential properties and how that boundary is established.
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APPENDIX A –AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation and Land Uses:
The current zoning for the parcel is R-O, Residential Office District and R-4, Residential
High Density. The R-O zone allows for development of multiple household and apartment
development and compatible professional offices and businesses that would blend well with
adjacent land uses. The R-4 zone is intended to provide for high-density residential
development through a variety of housing types. The following excerpts are from Section
38.08.010, Intent and Purpose.
“The intent of the R-4 residential high density district is to provide for high-density
residential development through a variety of housing types within the city with associated
service functions. This will provide for a variety of compatible housing types to serve the
varying needs of the community's residents. Although some office use is permitted, it
shall remain as a secondary use to residential development. Secondary status shall be as
measured by percentage of total building area.”
“The intent of the R-O residential-office district is to provide for and encourage the
development of multihousehold and apartment development and compatible professional
offices and businesses that would blend well with adjacent land uses. The primary use of
a lot, as measured by building area, permitted in the R-O district is determined by the
underlying growth policy land use designation. Where the district lies over a residential
growth policy designation the primary use shall be non-office uses; where the district lies
over a nonresidential designation the primary use shall be office and other nonresidential
uses. Primary use shall be measured by percentage of building floor area.”
The R-O & R-4 zones have larger setbacks than B-2 and a maximum lot coverage
allowance of 50%. Concurrently with the rezoning application the applicant is requesting a
Growth Policy Amendment of approximately 32 acres to be redesignated from Residential to
Community Commercial Mixed Use. B-2 zoning is intended 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. The B-2 zone has smaller setback, higher
intensity uses and 100% lot coverage is permissible.
Comparison of the R-O district to the B-2 district indicates a more intensive development
pattern in the B-2 zoning district. The B-2 district allows for some high intensity residential
uses. A portion of the subject property will remain in R-O zoning which will serve separate
the proposed B-2 zoned property and the R-4 zoned land to the south and unincorporated
land to the west.
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Adopted Growth Policy Designation:
The existing designation for the site of the amendment is Residential. The proposed
designation is Community Commercial Mixed Use. The descriptions of these two
designations are provided below.
Residential. 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.
Community Commercial Mixed Use. 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,
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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 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.
Bozeman Community Plan, Section 3.2 – Major Themes, Land Use Principles
Centers. Strengthen a pattern of community development oriented on centers. A
corollary principle is for compact development. Commercial activities in mutually
reinforcing centralized areas provide:
· Increased business synergy.
· Greater convenience for people with shorter travel distances to a wide range of
businesses
· The opportunity to accomplish several tasks with a single trip.
· Facilitates the use of transportation alternatives to single occupant motor vehicles,
with a corresponding reduction in traffic and road congestion and air quality
impacts.
· Enables greater access to employment, services, and recreation with a reduced
dependence on the automobile
· Greater efficiencies in delivery of public services,
· Corresponding cost savings in both personal and commercial applications.
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The center-based concept is expected to require less land for actual business activities
due to efficiency such as shared parking. It also changes the shape of the commercial
areas. The center-based development pattern is supported in this plan by locating centers
at the intersection of arterial and collector streets. Such locations allow not only
immediately adjacent residents but also passing travelers to support the commercial
activities. Centers are further supported through careful location of higher density
housing in a manner that provides support for commercial operations while providing
amenities to residents.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The Cattail North development area request for annexation was made in 2006. The
property was formally annexed by Resolution 4063 which was approved by the City
Commission on September 4, 2007. The property consists of one tract of land and there has
not been an application for subdivision.
The proposal will change roughly 32 acres of property from R-O, Residential Office to
B-2, Community Business and 3 acres from R-4, Residential High Density to R-O,
Residential Office. The property is located at the southwest intersection of East Valley
Center Road and North 27th Avenue. There are no existing streets to the south or west of the
property. A portion of the property is located adjacent to a park area to the south side of
property. Concurrent with the Zoning Map Amendment request the applicant has submitted
a Growth Policy Amendment application to change roughly 32 acres of property from
Residential to Community Commercial Mixed Use. The parcel is currently vacant.
The adjacent properties to the west and southwest are residentially planned and zoned.
There is little development directly adjacent to the subject property. School District 7 owns a
tract to the south where its bus facility is located. The bus facility occupies a minority of the
site. In response to inquiry the District indicated no plans to change the use of the property.
Most of the surrounding area is vacant, undeveloped land.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was published in the legal section of the Bozeman Daily Chronicle on June 1 and
15, 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 Zoning Commission and
City Commission public hearings.
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No written comment was received prior to the completion of the report to the zoning
commission report.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Valley Center, LLC PO Box 11890, Bozeman MT 59719
Applicant: Valley Center, LLC PO Box 11890, Bozeman MT 59719
Representative: Morrison-Maierle, Inc., PO Box 1113, Bozeman, MT 59771
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
Zoning Commission minutes
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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
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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.”
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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. “
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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).
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