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Z14188, Staff Report for The Springs Living Zone Map Amendment
NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE
ITS PRESENTATION TO THE ZONING COMMISSION ARE SHOWN IN
RED.
Public Hearing Date: The Zoning Commission public hearing is on Tuesday, August 5,
2014
The City Commission public hearing is on Monday, August 25, 2014
Project Description: A zone map amendment to change 5.9 acres from B-1 Neighborhood
Business to B-2 Community Business.
Project Location: 2632 Catron Street and 3070 N. 27th Avenue. The property is legally
described as Lots 1 & 2, Block 4, Cattail Creek Subdivision.
Recommendation: Approval with contingencies
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in
the staff report for application Z14188 and move to (recommend approval) approve
the zone map amendment with contingencies included in the staff report.
Report Date: July 29, 2014
Staff Contact: Chris Saunders
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
Rezone approximately 5.9 acres at the southeast corner of the intersection of N. 27th Avenue
and Catron Street. The property is two parcels. There is no development currently on the site.
Alternatives
Approve the application as requested
Do not approve the application
Continue the application and request additional information
Zoning Commission
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The Zoning Commission unanimously recommended approval of the application as it was
submitted after conducting their public hearing on August 5, 2014. There was no public
comment received at the public hearing. The minutes of the Zoning Commission meeting are
attached.
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 ................................ 6
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6
SECTION 4 - STAFF ANALYSIS AND FINDINGS ............................................................. 6
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 7
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 8
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............... 9
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 10
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 11
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 11
FISCAL EFFECTS ................................................................................................................. 11
ATTACHMENTS ................................................................................................................... 11
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SECTION 1 - MAP SERIES
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SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “The Springs Living Zone Map Amendment”.
2. That the applicant submit a zone amendment map, titled “The Springs Living 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 legal description of
the perimeter of the subject property and zoning districts, and total acreage of the
property.
3. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor
and map of the area to be rezoned, which will be utilized in the preparation of the
Ordinance to officially amend the zone map.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted.
The Development Review Committee (DRC) considered the amendment on July 16 and 23,
2014. The DRC did not identify any infrastructure or regulatory constraints which would
impede the approval of the application.
The Zoning Commission will hold a public hearing on this ZMA on Tuesday, August 5, 2014
and will forward a recommendation to the Commission on the Zone Map amendment. Please
see the minutes of the Zoning Commission. The meeting will be held at 121 N. Rouse
Avenue, Bozeman. The meeting will begin at 6 p.m. The Zoning Commission recommended
approval of the application as submitted.
The City Commission will hold a public meeting on the zone map amendment on Monday,
August 25, 2014. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting
will begin at 6 p.m.
SECTION 4 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following criteria. As an amendment is a legislative action,
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the Commission has broad latitude to determine a policy direction. The burden of proof that
the application should be approved lies with the applicant.
In considering the following criteria the analysis must show that the amendment
accomplishes criteria A-D. Criteria E-K must be considered and may be found to be
affirmative, neutral, or negative. A favorable decision on the proposed application must find
that the application meets all of criteria A-D and that the positive outcomes of the
amendment outweigh negative outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The property is designated as Community Commercial Mixed Use. The B-2 district is
an implementing district for that designation. No conflicts have been identified with the goals
and objectives.
B. Secure safety from fire and other dangers.
Yes. The proposed change does not modify development standards. Emergency services are
already provided to the area. Water and sewer services are available to the site. Detailed
review of site specific impacts and mitigation will occur during development review.
Modification of the zoning map does not appear to cause any safety hazards.
C. Promote public health, public safety, and general welfare.
Neutral. No impacts have been identified on this criteria.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Neutral. The change in the zoning map will not itself affect this criterion. Standards for
development and mitigation of impacts will not be modified. The standards will be applied
during development review to ensure that adequate capacity of service is available. The site
is within the City’s utility services area and pipes are adjacent to the site.
E. Reasonable provision of adequate light and air.
Neutral. The zone map amendment will not change setbacks, park or open space standards.
The site is bounded by an trail corridor on the east and by streets on the north and west. The
B-2 district does allow a higher building height than the present B-1. However, the physical
separation provided by the trail corridor and streets will ensure than any adjacent property
will continue to receive light and air.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The B-2 does allow the potential for more intensive development than the B-1
district. N. 27th Avenue which is adjacent to the west is a collector street. Catron Street to the
north is a local street. Adequate right of way exists for both streets. The streets are connected
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to the overall street grid and provide multiple routes for access to collector and arterial
streets. The City has adopted programs to mitigate demand for additional street capacity at
the time of development.
G. Promotion of compatible urban growth.
Yes. The site is adjacent to existing B-2 areas and has been planned for commercial uses for
many years. The site has been annexed since 2001.
H. Character of the district.
Yes. The area has been planned for commercial uses for over a decade. The property to the
east is B-2. To the north is zoned as B-1 and to the west as R-O. The property to the south is
zoned as M-1. Given the diverse nature of adjacent zoning and the planned commercial use
the change to B-2 does not appear to conflict with the character of the district.
I. Peculiar suitability for particular uses.
Neutral. The site is generally flat and has not immediately obvious limitations on
development. The mix of zoning in the area is broad. The site is planned for Community
Commercial Mixed Use. The existing zoning is commercial in nature and the proposed
change to B-2 is consistent with the planned use.
J. Conserving the value of buildings.
Yes. No buildings are on the site or to the north or south at this time. The property to the east
is developed as retail uses and has B-2 zoning. The property immediately to the west is zoned
as R-O and is not developed at this time.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. The site is small and unlikely to affect the larger jurisdictional area. The requested
zoning is consistent with the future land use map.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
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APPENDIX A –AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation and Land Uses:
Sec. 38.10.010. Intent and purpose. (Commercial zoning districts)
A. The intent and purposes of the commercial zoning districts are to establish areas
within the city that are primarily commercial in character and to set forth certain minimum
standards for development within those areas. The purpose in having more than one
commercial district is to provide opportunities for a variety of employment and community
service opportunities within the community, while providing predictability. There is a
rebuttable presumption that the uses set forth for each district will be compatible with each
other both within the individual districts and to adjoining zoning districts when the standards
of this chapter are met and any applicable conditions of approval have been satisfied.
Additional requirements for development apply within overlay districts.
1. The intent of the B-1 neighborhood business district is to provide for smaller scale
retail and service activities frequently required by neighborhood residents on a day to day
basis, as well as residential development as a secondary purpose, while still maintaining
compatibility with adjacent residential land uses. Development Scale and pedestrian
orientation are important elements of this district.
2. The intent of the B-2 community business district is to provide for a broad range of
mutually supportive retail and service functions located in clustered areas bordered on one or
more sides by limited access arterial streets.
The property is presently vacant but ready for development with street frontage and available
services.
Adopted Growth Policy Designation:
The existing designation for the site of the amendment is Community Commercial Mixed
Use. The descriptions of this designation follows.
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
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multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to
allow residences on upper floors, in appropriate circumstances. Urban streetscapes,
plazas, outdoor seating, public art, and hardscaped open space and park amenities are
anticipated, appropriately designed for an urban character. Placed in proximity to
significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle,
and transit circulation shall be provided. High density residential areas are expected in
close proximity. Including residential units on sites within this category, typically on
upper floors, will facilitate the provision of services and opportunities to persons without
requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to
serve different purposes. Large Community Commercial Mixed Use areas are significant
in size and 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.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Project Description The application seeks to rezone approximately 5.9 acres at the
southeast corner of the intersection of N. 27th Avenue and Catron Street. The property is two
parcels. The applicants wish to create a large residential facility with a continuum of care on
the site.
Project Background The applicants undertook an informal review of the site on May
28, 2014. At that time the DRC gave input on both process and development standards that
would apply to a large residential facility with a continuum of care. Based upon that feedback
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the applicants choose to pursue this zone map amendment which will enable a range of uses
necessary to support their desired facility.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on July 20th and 27th, 2014. Notice
was mailed to adjoining property owners within 200 feet by US first class mail. The site was
posted with a copy of the public notice. Notice was provided at least 15 and not more than 45
days prior to the City Commission public hearing.
No public comment has been received as of the writing of this report.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Dan & Marlyn Properties Inc, 220 Sacajawea Peak Drive, Bozeman MT 59718-9392
and Roger B. Hamilton Trust, 4228 S. Marsala Ave., Meridian ID 83642-9096
Applicant: The Springs Living, 640 NE 3rd Street, McMinnville, OR 97128
Representative: Morrison-Maierle Inc, PO Box 1113, Bozeman MT 597718
Report By: Chris Saunders, Policy and Planning Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this zone map amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
Minutes of the Zoning Commission, August 5, 2014
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MINUTES
CITY OF BOZEMAN ZONING COMMISSION,
CITY COMMISSION ROOM, CITY HALL
121 NORTH ROUSE AVENUE TUESDAY, AUGUST 05, 2014 6:00 P.M.
For Minutes linked to the video of this meeting, please go to: http://www.avcaptureall.com/Sessions.aspx#session.195adf25-580c-4f18-85df-04db0e09f632
ITEM 1. CALL TO ORDER AND ATTENDANCE
Zoning Commission Erik Garberg - Present
George Thompson- Present
Dan Stevenson - Present
Laura Dornberger - Present
City Staff
Mayor Jeff Krauss
Planner Tom Rogers
Public
Chuck Archer
Chris Budeski, Madison Engineering
Matt Ekstrom, Morrison-Maierle Trevor McSpadden, Morrison-Maierle
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.)
No comment forthcoming.
ITEM 3. MINUTES OF JULY 01, 2014 00:00:46
Mayor Krauss noted the minutes of July 1st state he abstained from a vote, but wanted it noted that as
a Commission Liaison, he is a non-voting member.
00:01:52 Commissioner Thompson would like more of the substance of the Commissioners’ comments
recorded in the minutes. Perhaps buy transcription software.
Minutes approved with amendments. ITEM 4. PROJECT REVIEW
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1. Alexander Zone Map Amendment Application Z14177 (Saunders)
A Zone Map Amendment Application requested by the property owner Springhill Holdings,
LLC, 145 Jeana Lei Ct. Bozeman MT 59715, represented by Madison Engineering, 895
Technology Blvd., Bozeman MT 59718 to amend the zoning map to add approximately 2.137 acres and B-2 (Community business District) zoning designation for Lot 1A Block 6 of the Amended Plat of the Walker Property subdivision, located on Springhill Road and
Frontage Road (Highway 10), in Bozeman as allowed by Article 38.37 of the Bozeman
Municipal Code. The property is described as Lot 1A of Minor 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.
00:03:44
Planner Rogers presented the staff report for Planner Saunders, who was unable to attend the meeting.
Planner Rogers concluded the staff presentation and was available for Commissioner questions. No
questions forthcoming.
6:00 min Chair Garberg opened for the Applicant presentation. Chris Budeski, Madison Engineering,
represented the applicant. Mr. Budeski noted that the Applicant, Dan Alexander, had a previous
engagement and was unable to attend. Mr. Budeski explained why the Applicant chose B-2 zoning
instead of B-1 zoning, stating: 1) The property is adjacent to a State Highway. B-2 zoning is encouraged when adjacent to a major
arterial road, and;
2) The Walker Subdivision PUD had very specific standards for developing the property. Mr. Budeski concluded his presentation. Chair Garberg opened for Commissioner questions to the
Applicant’s representative. No questions forthcoming.
00:08:22 Chair Garberg opened the Public Hearing. No comments forthcoming.
00:08:29
Public Hearing closed and Chair Garberg opened for Motion, Discussion and Vote. A question was
asked whether motions are to be made separately for the annexation and zoning. Planner Rogers stated the Zoning Commission does not make/vote on motions for annexations. They are only being asked to look at the initial zoning.
Motion
Dan Stevenson: Motion
George Thompson: 2nd
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Having reviewed and considered the staff report, application materials, public comment, and all
information presented, I hereby adopt the findings presented in the staff report for application
Z14177 and move to approve the Alexander Zone Map Amendment with contingencies required to
complete the application processing.
00:09:40
Chair Garberg opened for Commissioner Stevenson to speak to his motion. Commissioner
Stevenson stated he believes this is a great piece of property to annex to city limits and to develop.
Vote Chair Garberg opened for vote.
Chair Garberg: Aye
Commissioner Thompson: Aye Commissioner Stevenson: Aye
Commissioner Dornberger: Aye
Motion carries unanimously. Item #1 will be on the August 25th Commission agenda.
2. The Springs Living ZMA Z14188 (Saunders)
A Zone Map Amendment application requested by the property owners Dan & Marlyn
Properties Inc, 220 Sacajawea Peak Drive, Bozeman MT 59718-9392 and Roger B. Hamilton
Trust, 4228 S. Marsala Ave., Meridian ID 83642-9096, Applicant The Springs Living, 640
NE 3rd Street, McMinnville, OR 97128, represented by Morrison-Maierle Inc, PO Box 1113,
Bozeman MT 59718 to amend approximately 5.9 acres from B-1 (Neighborhood Service
district) to B-2 (Community business District) as allowed by Article 38.37 of the Bozeman
Municipal Code. The project is generally located 2632 Catron Street and 3072 N. 27th
Avenue, the intersection of Catron Street and N. 27th Avenue. The property is legally
described as Lots 1 & 2, Block 4, Cattail Creek Subdivision.
00:10:28
Planner Rogers presented the staff report for Planner Saunders.
00:13:03
Planner Rogers conclude his staff report and was available for questions. Commissioner Thompson
asked if N. 27th is considered an arterial and what is the traffic volume? Planner Rogers did not know
but said the Engineering Department determined that the slight increase from B-1 to B-2 would not
impinge any possibility for future development, including transportation needs.
00:15:38
Chair Garberg opened for the Applicant Presentation. Matt Ekstrom, Morrison-Maierle spoke for the
Applicant and was available for questions. No questions forthcoming.
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00:16:05
Chair Garberg opened the public hearing. No comment forthcoming. Public hearing closed.
Motion
Chair Garberg opened for discussion, motion, vote.
Commissioner Dornberger: Motion
Commissioner Thompson: 2nd
Having reviewed and considered the application materials, public comment, and all the information
presented, I hereby adopt the findings presented in the staff report for application Z14188 and move to
approve the zone map amendment with contingencies.
00:16:50
Chair Garberg opened for Commissioner Dornberger to speak to the motion. No comments from
Commissioner Dornberger.
00:16:58
Mayor Krauss spoke to the difficulty of zoning this area of Cattail Creek Subdivision, especially
since it’s behind a big box store and fronts N. 27th and is next to a creek. Commissioner Thompson
spoke to service access to the B-2 site behind a big box store and asked about possible complaints
from neighbors regarding trucks coming and going.
Vote
Chair Garberg opened for vote.
Chair Garberg: Aye Commissioner Thompson: Aye Commissioner Stevenson: Aye
Commissioner Dornberger: Aye
Motion carries unanimously. Item #2 will be on the August 25th Commission agenda.
00:19:26 ITEM 5. NEW BUSINESS No new business has been advertised or noticed. No new business forthcoming.
00:19:43 ITEM 6. ADJOURNMENT This meeting is open to all members of the public. If you have a disability that requires assistance, please
contact ADA Coordinator, James Goehrung, at 582-3200 (voice) or 582-2301/582-2432 (TDD).
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