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HomeMy WebLinkAbout23. Fellowship Baptist Church Page 1 of 18 Z14201, Staff Report for the Fellowship Baptist Church Zone Map Amendment UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS PRESENTATION TO THE ZONING COMMISSION ARE SHOWN IN RED. Public Hearing Dates: Zoning Commission, September 16, 2014 City Commission, October 6, 2014 Project Description: Ordinance 1898, a Zone Map Amendment Application to allow the proposed change in zoning designation from R-3 (Residential Medium Density District) to R-4 (Residential High Density District) on 1.54 acres. The property is generally located on North 27th between Tschache Lane and Oak Street. Application No. Z14201 Project Location: Property located at 1480 North 27th Avenue. The legal description is that part of Lot 5, ANNIE SUBDIVISION, PHASE 2, and adjacent portions of North 27th Avenue and North 25th Avenue, located in the Northeast Quarter of Section 2, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Approval of the zone map amendment application Fellowship Baptist Church ZMA 14201 and provisional adoption of Ordinance 1898. Recommended Motion: Having reviewed and considered the text of the ordinance, application materials, public comment, the deliberations and recommendation of the Zoning Commission at the September 16, 2014 Zoning Commission meeting, and all the information presented, I hereby adopt the findings presented in the staff report for application Z14201 and move to adopt Ordinance 1898 the Fellowship Baptist Church Zone Map Amendment. Report Date: September 11, 2014 (Updated September 29, 2014 for presentation to the City Commission) Staff Contact: Heather Davis, Associate Planner Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues No unresolved issues have been identified at this time. 277 Z14201, Staff Report for the Fellowship Church Zone Map Amendment Page 2 of 18 Project Summary The applicant proposes this Zone Map Amendment (ZMA) to rezone approximately 1.5376 acres east of the Breeze Lane and North 27th Avenue intersection from R-3 (Residential Medium Density District) to R-4 (Residential High Density District). The area subject to the rezoning is part of a larger parcel currently going through the final plat approval process (approved as preliminary plat P14017), which will result in the proposed rezoned R-4 area becoming a separate 1.5376 acre parcel. The Annie Subdivision Phase 2 Lot 5 Preliminary Plat P14017 was approved by the City Commission May 5, 2014. The preliminary plat was approved to further subdivide the existing lot of 10.92 acres to into two multi-household residential lots and one lot for a community center (see map 5). There is no development currently on the site. No public comment has been received as of the writing of this report. This project is on an accelerated schedule as the applicant was willing to provide all the required materials for processing of the ZMA prior to the action of the City Commission on the project. Therefore, there are no listed contingencies as all necessary items have already been addressed. The Zoning Commission held a public hearing and considered the application on September 16, 2014. There was no public comment at the public hearing. As noted in their attached minutes, the Zoning Commission passed a motion 3-1 recommending this ZMA for approval to the City Commission with the finding presented in the staff report. The video of the Zoning Commission meeting may be reviewed at: http://www.avcaptureall.com/Sessions.aspx#session.76fab5e3-284a-47bd-ab31-ef9f7c42f3d1 The application began at approximately 8 minutes after the beginning of the recording. The Zoning Commission inquired as to the amount of R-4 property available. A copy of the 2013 Land Use Inventory report is attached to this report. The inventory report describes the amount of land designated by zoning district and land use type within the City. In 2013, R-4 comprised 12.6% of the residential type zoning districts. Below is a summary from the 2013 Land Use Inventory Report. Please see attached report for more inventory information. Please note the report is strictly an inventory and does not recommend a specific percentage goal per zoning district. 2013 Residential Zoning Districts (Acres of each use by Zoning District) R-1 R-2 R-3 R-4 R-S R-O R-MH REMU Developed 1415.3 701.2 1430.2 589.8 509.3 302.6 93.2 Undeveloped 327.9 89.8 304.5 189 406.5 128.3 31.3 127.3 Vacant 78.9 30.8 389.3 160.3 42.8 68.2 Grand Total 1822.1 821.8 2124 939.1 958.6 499.1 124.5 127.3 % by Zoning District (residential) 24.50% 11% 28.60% 12.60% 12.90% 6.70% 1.60% 1.70% 278 Z14201, Staff Report for the Fellowship Church Zone Map Amendment Page 3 of 18 In considering the appropriateness of a particular zoning district for a site, it is appropriate to consider what district will most fully advance the community plan goals. As a zone map amendment is a legislative, not quasi-judicial, matter the City has broad discretion to decide the course considered most suitable. For an explanation detailing how the project complies with the City’s growth policies, please refer to Section 76-2-304, MCA (Zoning) Criteria A. There are currently no target percentage goals for zoning districts within the City of Bozeman. Alternatives 1) Adopt the amendment as requested, 2) Deny the amendment; or 3) Continue the application and request additional information. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL ................................ 7 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9 SECTION 4 - STAFF ANALYSIS AND FINDINGS ............................................................. 9 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 9 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 13 APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............. 14 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 15 APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 17 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 18 FISCAL EFFECTS ................................................................................................................. 18 ATTACHMENTS ................................................................................................................... 18 279 Page 4 of 18 SECTION 1 - MAP SERIES Surrounding Zoning and Land Uses: North: Pending R-4, Vacant South: R-3, Vacant East: Rose Park West: (Across 27th Ave.): R-3 RR--33 RR--33 RR--33 RR--44 RR--44 RR--33 Project Location PPeennddiinngg RR--44 Map 1 280 Z14201, Staff Report for the Fellowship Church Zone Map Amendment Page 5 of 18 Project Location Map 2 281 Z14201, Staff Report for the Fellowship Church Zone Map Amendment Page 6 of 18 Project Location Map 3 282 Page 7 of 18 Map 4: Fellowship Church ZMA 283 Z14201, Staff Report for the Fellowship Church Zone Map Amendment Page 8 of 18 Once the Annie Subdivision Phase 2 Final Plat is approved the map will be updated to look as follows: Map 5: Annie Subdivision Phase 2 284 Z14201, Staff Report for the Fellowship Church Zone Map Amendment Page 9 of 18 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: None. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Fellowship Baptist Church Zone Map Amendment File: Z14201 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 August 20 and August 27, 2014. The DRC did not identify any infrastructure or regulatory constraints which would impede the approval of the application. The Zoning Commission held a public hearing on this ZMA on September 16, 2014, at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 pm and the Zoning Commission will forward a recommendation to the City Commission on the application. After conducting the public hearing the Zoning Commission voted 3-1 on the motion to recommend approval of the application. The City Commission will hold a public hearing on the ZMA on October 6, 2014. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 pm. The City Commission will make the final decision on the application. SECTION 4 - STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission shall consider the following: Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. The site is designated as Residential on Figure 3-1 in the Bozeman Community Plan. Table C-16 of the growth policy shows R-4, Residential High Density District as an implementing district for the Residential designation. A review of the applicable goals and objectives of the growth policy has not identified any specific conflicts with the Community Plan. The table of authorized zoning uses within the R-4 District is also provided in Appendix A. This zone map amendment would result in the addition of 1.5376 acres of R-4 zoned property to the City, which is supported by the Urban Density principle in Chapter 3 of the Community Plan, which states: Fundamental to the efficient and cost-effective provision of 285 Z14201, Staff Report for the Fellowship Church Zone Map Amendment Page 10 of 18 urban services, multi-modal transportation oriented development, and a compact development pattern is a concentration of persons and activities. Density of development must also be balanced against community character, parks and open spaces, and the housing choices of citizens. Quality site and architectural design will materially affect the success and acceptability of urban density and scale of development. The Residential designation of the Bozeman Community Plan states: This category designates places where the primary activity is urban density dwellings… 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. The R-4 zoning designation would implement the goals of the Residential land use designation. The intent and purpose of the R-4 zoning 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. Supportive goals and objectives of the Bozeman Community Plan for this application include: Chapter 3 - Land Use Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides public and private basic services and facilities in close proximity to where people live and work, and minimizes sprawl. Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design. Objective LU-3.4: Give particular emphasis to encourage living opportunities within walking distance of the downtown employment, retail, and neighborhood services. Chapter 4 – Community Quality Objective C-1.3 Support compatible infill within the existing area of the City rather than developing land requiring expansion of the City’s area. Chapter 6 – Housing Objective H1.1 - Encourage and support the creation of a broad range of housing types in proximity to services and transportation options. Objective H1.3 - Promote the provision of a wide variety of housing types in a range of costs to meet the diverse residential needs of Bozeman residents. 286 Z14201, Staff Report for the Fellowship Church Zone Map Amendment Page 11 of 18 The project is located within a 10-15 minute walk to the commercial area of 19th Avenue, which provides employment and retail opportunities. It is also adjacent to Rose Park, providing recreational and outdoor opportunities for residents. The amendment will create additional residential density adjacent to developed residential areas near public amenities and schools with adequate municipal services to accommodate the additional residential development. In considering the appropriateness of a particular zoning district for a site, it is appropriate to consider what district will most fully advance the community plan goals. As a zone map amendment is a legislative, not quasi-judicial, matter the City has broad discretion to decide the course considered most suitable. The R-4, Residential High Density District zoning designation requested is consistent with the Residential land use designation and the Growth Policy. B. Secure safety from fire and other dangers. Neutral. The same standards for emergency access, fire protection, and related issues apply to any of the zoning districts. The area is within the City’s emergency service locations and is provided with 911 and other necessary services. Building permits will apply within this district to ensure correct construction techniques, building exiting, and other safety concerns have been addressed. C. Promote public health, public safety, and general welfare. Neutral. As discussed in Criterion B, there are many standards which apply equally to the zoning district. The generally adopted standards of the municipal code will ensure adequate supply for sanitation, clean water, stormwater control and other items which would possibly affect this criterion. Development issues related to municipal infrastructure (i.e., water and sanitary sewer) and public services (i.e. policy and fire protection) will be addressed with proper site plan review and/or subdivision review. Municipal infrastructure is available in the adjacent streets to service the site. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes. No dedication of rights-of-way or construction of facilities is required because of the change in zoning. The subsequent subdivision or site plan development review process will require demonstration of adequate transportation and other facilities. The City’s development standards require mitigation of site impacts to infrastructure and therefore this criterion is met. Any expansion of the uses or further development of the site in the future will require development review. Development review procedures will evaluate specific needs for additional services. The City’s development standards require demonstration that adequate services are available. Section 38.07.010.C, BMC states: Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses 287 Z14201, Staff Report for the Fellowship Church Zone Map Amendment Page 12 of 18 allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending service. E. Reasonable provision of adequate light and air. Yes. The regulatory standards set forth in the Bozeman Municipal Code for the requested R- 4 zoning district provides the necessary provisions (i.e., yard setbacks, lot coverage, open space and building heights), which are intended to provide for adequate light and air for any development on the subject property. F. The effect on motorized and non-motorized transportation systems. Neutral. This change in zoning designation should not have a substantial effect on existing or future motorized or non-motorized transportation systems. There would likely be an increase in future traffic levels due to the further development of additional R-4 zoned property, but this impact will be required to be mitigated or addressed as part of the future subdivision or site plan review process for the property. Non-motorized transportation (i.e. bike, sidewalks, trails, etc.) will also be addressed as part of any future subdivision or site plan review application. G. Promotion of compatible urban growth. Yes. The proposed amendment applies a district determined to be acceptable for urban characteristics. The site is located within the urban service area for all municipal services. 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. H. Character of the district. Yes. The property in question is located adjacent to urban residential development to the north, south and west, and public parkland and commercial development to the east. The City’s adopted growth policy has identified the property as being appropriate for residential development. The proposed zoning is residential in nature and the area of the zone map amendment is situated in an area that acts as a transition from commercial development and parkland from the west to a comparatively medium density development pattern to the west, with multi-household development to the north and south. West Oak Street, a principal arterial street acts as a logical demarcation boundary with residential development to the south. 288 Z14201, Staff Report for the Fellowship Church Zone Map Amendment Page 13 of 18 As stated in Section 38.08.010.A “There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied.” The future subdivision or site plan review process will enable the evaluation of any peculiar impacts of proposed development and mitigation as needed. I. Peculiar suitability for particular uses. Yes. The site has been determined appropriate for R-4 uses with near proximity to arterial streets, and the City’s trail systems. As noted in the Applicant Submittal the Growth Policy designation is Residential and the dominant land use in the vicinity is residential. The proposed zoning classification furthers the goals and policies of the Growth Policy as noted above. 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. J. Conserving the value of buildings. Yes. The property is currently undeveloped so there will be no effect on the value of buildings by the zone change. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The sum of the findings regarding the other criteria indicates that the proposed change in zoning encourages the most appropriate uses of the subject property and the property in the vicinity. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. 289 Z14201, Staff Report for the Fellowship Church Zone Map Amendment Page 14 of 18 APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS Zoning Designation and Land Uses: Current Zoning R-3, Residential Medium Density District: “The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses.” Proposed Zoning R-4, Residential High Density District: “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.” Click here for link to the entire Residential Zoning District Information within the Bozeman UDC. Adopted Growth Policy Designation: The growth policy designation for the amendment area and the surrounding area is Residential which is defined as: 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 290 Z14201, Staff Report for the Fellowship Church Zone Map Amendment Page 15 of 18 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. Table C-16 Zoning Correlation with Land Use Categories – Indicates that R-4 zoning is one of the zoning districts envisioned for the “Residential” Growth Policy Designation. Following is the Table of R-4 Uses from the Bozeman Municipal Code which indicates the permitted land uses within the R-4 zoning district. Sec. 38.08.020. Authorized uses. A. Uses in the various residential districts are depicted in Table 38.08.020 in subsection C of this section. Principal uses are indicated with a "P," conditional uses are indicated with a "C," accessory uses are indicated with an "A" and uses which are not permitted with the district are indicated by a "-." B. Additional uses for telecommunication uses are contained in article 29 of this chapter. C. The uses listed are deliberately broad and some are given special definitions in article 42 of this chapter. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in article 22 of this chapter. Table 38.08.020 Table of Residential Uses Authorized Uses R-3 R-4 Accessory dwelling units8, 9 P P Agricultural uses on 2.5 acres or more2 — — Agricultural uses on less than 2.5 acres2 — — 291 Z14201, Staff Report for the Fellowship Church Zone Map Amendment Page 16 of 18 Apartments/apartment building, as defined in article 42 of this chapter — P Bed and breakfast C P Commercial stable — — Community centers C C Community residential facilities with eight or fewer residents P P Community residential facilities serving nine or more residents C P Cooperative housing P P Day care centers P P Essential services (Type I) P P Essential services (Type II) — — Extended stay lodgings P P Family day care home P P Fences A A Fraternity and sorority houses C P Golf courses — — Greenhouses A A Group day care home P P Group living P P Guesthouses A A Home-based businesses5 A/C A/C Lodginghouses C P Offices — C3 Other buildings and structures typically accessory to authorized uses A A Private garages A A Private or jointly owned recreational facilities A A Private stormwater control facilities A A Private vehicle and boat storage A A Public and private parks P P Manufactured homes on permanent foundations1 P P Manufactured home communities — — Medical offices, clinics, and centers — C Recreational vehicle parks — — Signs, subject to article 28 of this chapter A A Single-household dwelling P P Temporary buildings and yards incidental to construction work A A Temporary sales and office buildings A A Three- or four-household dwelling P P Two-household dwelling P P Townhouses (two attached units) P P Townhouses (five attached units or less) P6 P Townhouses (more than five attached units) — P 292 Z14201, Staff Report for the Fellowship Church Zone Map Amendment Page 17 of 18 Tool sheds for storage of domestic supplies A A Uses approved as part of a PUD per article 20 of this chapter C C Veterinary uses — — Notes: 1Manufactured homes are subject to the standards of section 38.22.130. 2Agricultural uses include barns and animal shelters, and the keeping of animals and fowl, together with their dependent young, as hereinafter set forth per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For larger parcels the review authority may determine that a larger number of livestock is consistent with the requirements of this section. 3Only when in conjunction with dwellings. 4Storage for more than three recreational vehicles or boats. 5Home-based businesses are subject to the terms and thresholds of section 38.22.110. 6In the R-3 district, townhouse groups shall not exceed 120 feet in total width 7In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of chapter 10, article 8, Affordable Housing. May only be utilized in developments subject to chapter 10, article 8. 8Not permitted on reduced size lots for work force housing as described in chapter 10, article 8. 9Accessory dwelling units in the RS and R1 districts shall be permitted to be placed above garages only in subdivisions receiving preliminary plat approval after January 1, 1997. (Ord. No. 1645, § 18.16.020, 8-15-2005; Ord. No. 1693, § 4(18.16.020), 2-20-2007; Ord. No. 1709, § 2(18.16.020), 7-16-2007; Ord. No. 1761, exh. A (18.16.020), 7-6-2009; Ord. No. 1769, exh. E(18.16.020), 12-28-2009; Ord. No. 1828, § 9, 9-10-2012; Ord. No. 1838, §§ 1, 2, 9-10-2012; Ord. No. 1830, § 6, 9-24-2012) APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description: Ordinance 1898, a Zone Map Amendment Application to allow the proposed change in zoning designation from R-3 (Residential Medium Density District) to R-4 (Residential High Density District) on 1.54 acres. The property is generally located on North 27th between Tschache Lane and Oak Street. Application No. Z14201 Project Background: The applicant proposes this Zone Map Amendment (ZMA) to adjust existing zoning districts for a portion of vacant property from R-3 to R-4. The entire property is currently going through final plat review and once approved will create three separate parcels (5a, 5b, and 5c). Lot 5a will be R-3, Lot 5c will be R-4 (Z-08075) and with this ZMA, 5B with this application could change from R-3 to R-4. The application for Annie Subdivision Phase 2 Lot 5 Preliminary Plat P14017 was approved by the City Commission May 5, 20014. In 2008, the applicants received preliminary approval for both a minor subdivision preliminary plat and amendment to the Bozeman Zoning Map from R-3 to R-4 for the same property. Due to the circumstances at the time, the applicant did not move forward to complete either project. The applicants are now moving forward to complete those previous projects. APPENDIX C – NOTICING AND PUBLIC COMMENT No public comments have been received to date. Noticing was posted on site, published in the Bozeman Daily Chronicle, and mailed to all owners within 200 feet of the outer perimeter of the property. Notice was provided at least 15 and not more than 45 days prior to the Zoning 293 Z14201, Staff Report for the Fellowship Church Zone Map Amendment Page 18 of 18 Commission public hearing on September 16, 2014 and the City Commission public hearing tentatively scheduled for October 6, 2014. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner/Applicants: Fellowship Baptist Church of Bozeman, c/o Jeremy Shea, PO Box 11889, Bozeman, MT 59719 Representative: C&H Engineering and Surveying, 1091 Stoneridge Drive, Bozeman, MT, 59718 Report By: Heather Davis, Associate Planner 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 Ordinance 1898 Zoning Commission Meeting Minutes September 16, 2014 2013 Land Use Inventory Report 294 295 296 297 298 299 300 301 302 303 304 LOT 5, ANNIE SUBDIVISION, PHASE 2 ZONE MAP AMENDMENT LEGAL DESCRIPTION That part of Lot 5, ANNIE SUBDIVISION, PHASE 2, and adjacent portions of North 27th Avenue and North 25th Avenue, located in the Northeast Quarter of Section 2, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana, described as follows: Commencing at the northwest corner of said Lot 5, at a point which is also the C-N 1/16 corner of said Section 2; thence southerly 181°28'43", assumed azimuth from north, 466.42 feet along the west line of said Lot 5 and also being the centerline of North 27th Avenue to the Point of Beginning; thence easterly 091°28'57" azimuth, 322.35 feet; thence southerly 181°28'43" azimuth, 222.35 feet along the center line of North 25th Avenue; thence southerly 48.42 feet on a tangential curve concave to the east, radius 340.00 feet and central angle 8°9'33" along said centerline; thence westerly 271°29'48" azimuth, 325.79 feet to the centerline of North 27th Avenue and the western boundary of Lot 5; thence northerly 001°28'43" azimuth, 270.53 feet along the center line of North 27th Avenue and the western boundary of Lot 5 to the point of beginning. Area = 87,286 square feet, 2.0038 acres or 8,109.1 square meters. Subject to existing easements. 305 ORDINANCE NO. 1898 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR THAT PART OF LOT 5, ANNIE SUBDIVISION, PHASE 2, AND ADJACENT PORTIONS OF N. 27TH AVE AND N. 25TH AVE.; LOCATED IN THE NE1/4 OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map to rezone approximately 1.54-acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on September 16, 2014, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved as recommended by the Community Development Department and as provided for in the staff report for approval of 1.54-acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District); and WHEREAS, after proper notice, the City Commission held its public hearing on October 7, 2014, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Commission has reviewed and considered the thirteen zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the thirteen criteria; and WHEREAS, at its meeting held on October 6, 2014, the City Commission found that the proposed zone map amendment would be in compliance with Bozeman’s adopted growth policy and would be in the public interest. ORDINANCE NO. 1898 Page 1 of 4 306 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the zoning district designation of the following-described property is hereby designated as "R-4" (Residential High Density District): That part of Lot 5, ANNIE SUBDIVISION, PHASE 2, and adjacent portions of North 27th Avenue and North 25th Avenue, located in the Northeast Quarter of Section 2, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana, described as follows: Commencing at the northwest corner of said Lot 5, at a point which is also the C-N 1/16 corner of said Section 2; thence southerly 181°28'43", assumed azimuth from north, 466.42 feet along the west line of said Lot 5 and also being the centerline of North 27th Avenue to the Point of Beginning; thence easterly 091°28'57" azimuth, 322.35 feet; thence southerly 181°28'43" azimuth, 222.35 feet along the center line of North 25th Avenue; thence southerly 48.42 feet on a tangential curve concave to the east, radius 340.00 feet and central angle 8°9'33" along said centerline; thence westerly 271°29'48" azimuth, 325.79 feet to the centerline of North 27th Avenue and the western boundary of Lot 5; thence northerly 001°28'43" azimuth, 270.53 feet along the center line of North 27th Avenue and the western boundary of Lot 5 to the point of beginning. Area = 87,286 square feet, 2.0038 acres or 8,109.1 square meters. Subject to existing easements. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. ORDINANCE NO. 1898 Page 2 of 4 307 Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zoning Map Amendments.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of October, 2014. ___________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ______________________________________ STACY ULMEN, CMC City Clerk ORDINANCE NO. 1898 Page 3 of 4 308 FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the ________ day of ________, 2014. ___________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ______________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney ORDINANCE NO. 1898 Page 4 of 4 309 MINUTES CITY OF BOZEMAN ZONING COMMISSION, CITY COMMISSION ROOM, CITY HALL 121 NORTH ROUSE AVENUE TUESDAY, SEPTEMBER 16, 2014 6:00 P.M. To view the video linked to these minutes, please go to: http://www.avcaptureall.com/Sessions.aspx#session.76fab5e3-284a-47bd-ab31-ef9f7c42f3d1 06:02:08 PM ITEM 1. CALL TO ORDER AND ATTENDANCE Council Member - Erik Garberg: Present Board Member - Julien Morice: Present Board Member - George Thompson: Present Board Member - Laura Dornberger: Present Staff: Heather Davis, Staff Jeff Krauss, Commission Liaison, absent Members of Public: Mike Balch, C&H Engineering 06:02:33 PM ITEM 2. PUBLIC COMMENT (Limited to any public matter within the jurisdiction of the Zoning Commission and not scheduled on this agenda. There is a three-minute time limit per speaker.) 06:02:50 PM ITEM 3. MINUTES OF AUGUST 05, 2014 Board Member - Laura Dornberger: Motion Board Member - George Thompson: 2nd Ms. Dornberger noted that Mayor Krauss’ comment was inserted into the minutes and that is the beginning of putting more information into the minutes. Commissioner Morice noted that he was not at the August 5th meeting and asked if he did not vote to approve/disapprove the minutes, is there a quorum? Chair Garberg answered at this time, he wasn’t going to worry about that, but was only concerned about the public hearing and if Commission Morice felt he needed to abstain from the vote, it is within his purview. Council Member - Erik Garberg: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Laura Dornberger: Approve Minutes approved unanimously. 06:04:46 PM 1 310 ITEM 4. PROJECT REVIEW 1. Fellowship Baptist Zone Map Amendment Application Z14201 (Davis) A Zone Map Amendment Application requested by the property owner Fellowship Baptist Church of Bozeman, PO Box 11889, Bozeman, MT 59719, and representative C&H Engineering and Surveying, Bozeman MT 59718 to amend the zoning map to rezone approximately 1.54-acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District) upon a portion of the property located east of the intersection of Breeze Lane and North 27th Avenue. The property is legally described as that part of Lot 5, ANNIE SUBDIVISION, PHASE 2, and adjacent portions of North 27th Avenue and North 25th Avenue, located in the Northeast Quarter of Section 2, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana. The project is generally located at 1480 N. 27th Avenue. 06:04:57 PM Planner Davis presented her staff report to the Commission. The DRC found no issues with the application and staff recommends approval. No public comment has been received on the application. The application will be presented to the Commission on October 6th. 06:10:42 PM Chair Garberg asked about apartments being constructed in the R-3 zone and didn’t understand how that could work. Planner Davis responded that since it was a PUD development (West Winds), they had relaxations to allow to build apartments. 06:13:32 PM Planner Davis closed her presentation and was open for questions. Commissioner Thompson stated he did not understand the church’s role in this application, stating that they are the beneficial owner of the property rather than simply developing it for church activities. Planner Davis answered that they do own the property, but are subdividing the property to sell the parcels to make money to build the church. Commissioner Thompson then wanted to know why it is so important to come up to an R-4 standard when the adjacent properties are R-3. Chair Garberg stated the pending is a done deal as soon as the final plat goes through. Planner Davis responded that City Commission already approved it and that ZMAs do not have an expiration date. The existing ZMA will processed when the final plat is approved. She stated that staff is recommending the higher density since the property is so close to N 19th shopping and Rose Park and it’s within the mix and is not an anomaly to have R-4 there. Chair Garberg stated he was surprised they were reviewing an R-4 application and there was no one from the public in the audience. 311 06:16:06 PM Chair Garberg closed questions for staff and opened for the Applicant. Mike Balch, C&H Engineering, 1091 Stoneridge, did not have anything to add to the report but was available for questions. Commissioner Dornberger asked if they would be required to extend N. 25th. Mr. Balch responded that it’s a yes and no answer, depending on timing and what is build there. Each lot will have its own site plan, which will determine when N. 25th is extended. It will eventually be extended. Commissioner Thompson asked about frontage along N. 27th but no road construction required for the area between the parcel and the park. Mr. Balch responded there is dedicated right-of-way in place and there will be road construction, it’s just a matter of when that will happen. Commissioner Dornberger stated it depends on if development requires it. Chair Garberg stated the project will probably be built in phases. It’s dependant on density and when they have hit the threshold of traffic volume. The City will mandate when it goes in. Commissioner Thompson asked if the developer built the road, would there be an additional cost to the City. Chair Garberg stated unless, hypothetically, a bond were to pass for a new pool at Rose Park, an argument could be made that the City would be required to pay for a portion. If the Zoning Commission does not make a condition tonight and it goes through, the City Commission would mandate the developer to construct the street as part of their site plan review. Mr. Morice stated that they didn’t need to consider site plan, or ownership, or anything, just whether or not the zoning fit the area. Looking at the market as a whole to ensure that R-2, R-3, R-4 are in the right areas. He feels there is a lot of vacant R-4s in the area, and to rezone something like this without the real need in that area for a rezone. 06:20:44 PM Chair Garberg close questions for the applicant and opened the public hearing. No public comment forthcoming. 06:21:01 PM Chair Garberg closed the public hearing and opened for motion, discussion and vote. 06:21:11 PM Board Member - Julien Morice: Motion Board Member - Laura Dornberger: 2nd Commissioner Morice made the motion: 3 312 “Having reviewed and considered the text of the ordinance, application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for Application Z14201 and move to recommend adopting Ordinance 1898, the Fellowship Baptist Church Zone Map Amendment.” Chair Garberg asked Mr. Morice if he would like to speak to his motion. He deferred. Commissioner Thompson stated he was having a hard time understanding why this is needed, stating there already is quite a bit of undeveloped R-4 in the city. If there was not enough multi-family housing, he could understand it. He feels there is a whole bunch of horse trading going on, but nobody is working the horses they have, swapping out R-3 for R-4. The incremental value of going from R-3 to R-4 for this project is not warranted. He doesn’t understand the prevailing need for R-4 zoning at this location. Commissioner Dornberger stated she didn’t see a problem with changing the zoning because 1) there is already R-4 on the west and north sides and 2) the property owners of this piece of property are only trying to find means to afford to develop their property. There is higher density in the area, but because of Rose Park , there is also a lot of open space to the east. Chair Garberg agreed that the R-4 with the proximity to Rose Park maximizes the value to the residents, it may affect the type of end product that we get and it’s surrounded by R-4 on the north and west. It makes sense with the surrounding zoning. He stated, for the record, that he is very sensitive and has voted against R-3s to R-4s, but given the lack of public comment and because of neighborhood integrity, there is no strong argument against it because they people who live there do not have a problem with it. He will vote in support. Commissioner Morice stated he agrees. He can’t find a problem with it. He’s looking for a long-term plan for zoning. Does this fit? He thinks probably so, although we can’t foresee the needs five years down the road. He will probably vote for it because because of the R-3 owner to the south and to the west, there’s no public comment and it is already an R-4 like density and there is R-4 to the north. The way little chunks of land are being rezoned here and there without necessity seems like short- term thinking. Chair Garberg stated the R-4 zoning doesn’t mean they have to build out to R-4 zoning. Commissioner Thompson stated he spoke his piece, he’s just puzzled by the need. 06:28:19 PM Chair Garberg called for a vote on the motion. 4 313 Council Member - Erik Garberg: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Disapprove Board Member - Laura Dornberger: Approve Motion carries 3-1. Chair Garberg stated it will go to the City Commission with a favorable recommendation on October 7, 2014. 06:29:05 PM ITEM 5. NEW BUSINESS No new business 06:29:14 PM 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). 5 314 Development Review Division Policy and Planning Division Building Division CITY OF BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net 2013 Land Use Inventory Report February 28, 2014 315 2013 Annual Land Use Inventory Report February 28, 2014 Page 2 of 15 Since 2002, the City of Bozeman Department of Planning and Community Development (DPCD) has worked to prepare an annual report of land use within the City. The report provides a cross tabulation of how the area within each parcel and within each zoning district is used. The use is measured by acres and any established use on the site means the area of the entire parcel is shown as occupied. All use and area values are rounded to the nearest whole acre. Those cells showing no value mean there is no amount of that land use in that zoning district. Those cells in data from 2008 on showing a 0 value mean that there is some but less than one-half acre of that land use in that zoning district. The year 2007 and prior showed a zero in any cell with a value less than one acre in any land use in a zoning district. The table for 2004 was not calculated and is therefore not presented. Shown in the following tables are the updated land use inventory for the City of Bozeman from December 31, 2005 through December 31, 2013. The map is for the 2013 inventory. Data prior to 2005 is not shown due to complex changes in the number and type of zoning districts which would make comparisons to current data difficult. The data is available through the DPCD if desired. The land use classifications and zoning definitions are described below. Zoning districts are established by the City Commission through the adoption of ordinances. The description of land use classifications is prepared by the Department of Community Development (DCD). A revised set of classifications was prepared in 2010 and are reflected in the 2010 land use table. The changes were generally minor but refined several classifications and added several to allow the same classifications to be used either inside or outside the city. The descriptor shown in parentheses in the list of land use classifications is the value contained in the geographic information system tables used to track the inventory. The descriptors are used in the table row labels due to space constraints. The detailed description of uses allowed in the zoning districts and related development standards are available through the City’s Unified Development Ordinance. Please contact the DCD if you have questions on these standards. The current land use information for individual parcels is available through the interactive geographic information system hosted on the City’s website, www.bozeman.net. Land Use Classifications Use Type Description (MIXED) Mixed Use More than one principal use occurring on one lot. (RB) Restaurant/Bar A restaurant, coffee shop, cafeteria, grill, short order café, luncheonette, sandwich stand, drugstore, soda fountain, serving food; or an establishment where alcoholic beverages are served on premises. (CR) Commercial Retail sales, services, Banks Uses involving the sale of goods or services carried out for profit. (HM) Hotel/Motel A building or group of buildings, in which lodging is provided and offered to transient guests for compensation (not to include a boarding house, lodging house or rooming house)> 316 2013 Annual Land Use Inventory Report February 28, 2014 Page 3 of 15 Use Type Description (CA) Commercial Auto sales, rental, parts, storage, gas, service Establishments primarily engaged in automotive related sale/services, fuels, repair, sales, washing, rental and leasing. (AP) Administrative Professional An establishment in which overall management functions occur and/or in which a recognized profession is maintained for the conduct of that profession. (LM) Light Manufacturing Fabrication of and/or assembly of goods from previously prepared materials, to include storage, and mini-warehousing. (HI) Heavy Industrial Those industries whose processing of products results in the emission of any atmospheric pollution, light flashes, glare, odor, noise or vibration which may be heard and/or felt off the premises and those industries which constitute a fire or explosion hazard. (GOLF) Golf Course A tract of land laid out for playing golf with at least nine holes; and improved with tees, greens, fairways and hazards; and which may include a clubhouse and/or shelter. (POS) Park or Open Space Parks, trails, recreational areas and other places that are capable of being used by the public for recreation, relaxation and social purposes. May include private land serving a property owners association for similar purposes (AG) Agricultural Land, usually 20 acres or greater, without dwellings (AGR) Agricultural Land, usually 20 acres or greater, with one or more dwellings (CE) Conservation Easement A property legally restricted from development for the purpose of preserving open space or habitat. May or may not have a dwelling or other uses on the property. (CHURCH) Church A building where persons regularly assemble for religious worship and which, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. (PFP) Public Facility A building, structure, facility or complex, used by or providing services to the general public and constructed by either the federal, state, county or municipal government agency. Also includes utilities serving the general public such as electrical service. 317 2013 Annual Land Use Inventory Report February 28, 2014 Page 4 of 15 Use Type Description (SEF) School/Educational Facility Any building or part thereof which is constructed or used for public or private education or instruction; when not conducted as a commercial enterprise for the profit of individual owners or stockholders. (SFR) Single-Household Residential A building used for residential occupancy by one household, including multiple residences that share a common wall, as long as only one dwelling unit lies upon a single lot; townhomes. Also may include an accessory dwelling unit. (DTR) Duplex/Triplex Residential A building, or a portion thereof, used for occupancy by two or three households living independently of each other, with the units completely separated by a common wall, floor and/or ceiling and reside on one lot; including apartments and condos. (MFR) Multi- Household Residential A building, or portion thereof, used for occupancy by four or more households living independently of each other, with the units completely separated by a common wall, floor and/or ceiling; apartments, condos. (MHMP) Mobile Home, Mobile Park, Manufactured Housing A factory assembled structure(s), exceeding eight feet in width, originally equipped with the necessary service connections and originally made so as to be readily movable as a unit(s) on its own running gear and designed to be used as a dwelling unit(s) without a permanent foundation, whether or not the running gear has been removed. (RP) Residential with Pasture Residential property, usually single-household, with 1 or more acres but not more than 20 acres, that has open pasture used for grazing animals. (RR) Rural Residential Detached single-household residential property located outside of the City limits that does not have pasture. (ROW) Rights-of-Way A public way established or dedicated for public purposes by duly recorded plat, deed, grant, easement, governmental authority or by operation of law; roads; railroads. (UDV) Undeveloped Land that is not ready to be occupied by buildings (needs to be subdivided; needs infrastructure) (VACANT) Vacant Land that is currently developed and ready to be occupied by buildings but is unoccupied; no buildings or buildings requiring significant improvement in order to be used. 318 2013 Annual Land Use Inventory Report February 28, 2014 Page 5 of 15 Zoning Districts by Title R-S - Residential suburban district R-1 - Residential single household, low density district R-2 - Residential two household, medium density district R-3 - Residential medium density district R-4 - Residential high density district R-O - Residential office district RMH -Residential manufactured home community district REMU- Residential emphasis mixed use district (first appears on the zoning map in 2010) HMU - Historic mixed use district PLI - Public lands and institutions B-1 - Neighborhood business district B-2 - Community business district B-3 - Central business district M-1 - Light manufacturing district M-2 - Manufacturing and industrial district B-P - Business park district UMU - Urban Mixed Use (first appears on the zoning map in 2008) 319 2013 Annual Land Use Inventory Report February 28, 2014 Page 6 of 15 2013 Land Use Inventory Report as of December 31, 2013, Acres of Each Use by Zoning District Land Use Classifications Zoning Districts B-1 B-2 B-3 BP HMU M-1 M-2 PLI R-1 R-2 R-3 R-4 REMU R-MH R-O R-S UMU Grand Total % By Land Use AP 3.7 41.2 14.2 83.5 16.2 2.6 0.0 0.2 0.0 1.2 4.1 47.9 214.9 1.7% CA 3.5 54.3 2.8 12.9 0.2 40.7 1.5 0.3 1.8 0.7 118.8 0.9% CHURCH 5.2 4.0 0.0 6.6 11.3 28.5 10.6 21.2 0.5 1.5 89.5 0.7% CR 9.5 267.1 20.4 29.1 3.3 72.0 7.8 1.6 0.5 6.1 16.4 13.9 1.1 448.8 3.5% DTR 0.0 2.7 2.0 0.1 0.8 38.4 93.1 94.9 21.5 13.8 0.6 268.0 2.1% GOLF 5.0 0.4 171.5 176.8 1.4% HM 2.4 94.9 1.0 0.8 0.0 0.3 0.2 99.5 0.8% LM 6.2 1.2 5.2 8.5 291.4 34.4 0.8 0.7 7.7 4.1 7.7 367.9 2.9% MFR 17.6 4.8 1.6 0.0 36.8 31.5 243.1 148.4 80.2 2.9 566.9 4.4% MHMP 2.4 9.8 0.0 12.2 0.0 34.4 22.6 5.0 86.5 0.7% MIXED 19.2 91.0 14.3 1.2 4.5 62.0 9.4 2.0 0.2 1.4 6.8 16.4 0.0 16.1 24.5 269.0 2.1% PFP 2.2 10.5 9.7 0.2 20.8 0.7 396.3 0.0 6.9 0.0 4.1 0.0 451.4 3.5% POS 0.1 38.2 0.2 17.8 26.1 0.1 502.0 242.8 47.5 237.0 72.2 5.0 18.5 108.5 1,316.1 10.3% RB 1.6 37.3 1.5 0.2 0.2 0.4 41.2 0.3% ROW 16.1 233.5 46.2 45.1 11.4 212.7 371.5 140.2 355.9 203.1 400.7 143.7 6.8 65.6 87.2 6.7 2,346.6 18.3% SEF 0.0 0.2 7.4 41.1 4.5 714.7 29.3 4.6 32.3 2.9 25.7 1.2 0.5 864.5 6.8% SFR 1.5 30.8 7.5 0.0 8.7 12.3 4.7 7.4 698.1 307.5 366.5 137.1 0.0 13.3 98.3 1,693.9 13.2% UDV 0.4 171.6 92.3 62.9 150.1 153.2 327.9 89.8 304.5 189.0 127.3 31.3 128.3 406.5 2,235.0 17.5% VACANT 33.4 223.4 0.5 11.6 1.7 62.1 2.2 5.2 78.9 30.8 389.3 160.3 68.2 42.8 31.3 1,141.9 8.9% Grand Total 91.6 1,319.9 138.5 351.4 39.6 894.7 585.1 1,921.8 1,822.1 821.8 2,124.0 939.1 127.3 124.5 499.1 958.6 38.0 12,797.2 100.0% % By Zoning District 0.7% 10.3% 1.1% 2.7% 0.3% 7.0% 4.6% 15.0% 14.2% 6.4% 16.6% 7.3% 1.0% 1.0% 3.9% 7.5% 0.3% 100.0% 320 2013 Annual Land Use Inventory Report February 28, 2014 Page 7 of 15 2012 Land Use Inventory Report as of December 31, 2012, Acres of Each Use by Zoning District Land Use Classification Zoning Districts B-1 B-2 B-3 BP HMU M-1 M-2 PLI R-1 R-2 R-3 R-4 REMU R-MH R-O R-S UMU Grand Total % By Land Use AG 22.7 38.0 19.0 79.7 0.63% AP 3.7 41.2 13.2 83.5 16.2 2.6 0.2 1.2 4.8 47.9 214.6 1.69% CA 3.5 54.3 2.8 12.9 0.2 40.7 1.5 0.8 1.8 0.7 119.3 0.94% CHURCH 0.0 5.2 4.0 0.0 6.6 11.3 28.5 10.6 0.5 1.5 68.3 0.54% CR 12.3 265.9 20.6 29.1 3.3 72.0 7.8 1.6 0.5 6.1 6.4 16.3 1.1 443.1 3.50% DTR 2.7 2.3 0.1 0.8 38.4 93.0 94.6 24.0 9.8 0.6 266.3 2.10% GOLF 5.0 0.4 171.5 176.8 1.40% HM 2.4 92.3 0.6 0.8 0.3 0.2 96.5 0.76% LM 6.2 0.4 5.2 8.6 291.4 34.4 0.8 0.7 8.5 4.1 7.7 368.0 2.91% MFR 10.9 4.8 1.6 36.8 31.5 203.1 144.2 80.2 2.9 516.0 4.07% MHMP 2.4 9.8 0.0 12.2 34.4 22.6 5.0 86.5 0.68% MIXED 16.4 89.9 14.1 1.2 4.5 62.0 9.4 2.0 0.2 1.4 6.8 16.6 16.1 24.5 265.1 2.09% PFP 2.2 10.5 9.7 0.2 20.8 0.7 398.2 0.0 0.0 5.7 4.1 452.2 3.57% POS 0.1 38.2 0.2 17.8 26.1 0.1 501.6 230.5 40.8 221.8 70.4 5.0 18.3 108.0 1,278.9 10.10% RB 1.6 37.0 1.5 0.2 0.2 0.4 0.0 40.9 0.32% ROW 16.1 229.6 45.3 45.0 11.4 212.7 371.5 138.7 344.8 203.7 396.4 135.5 6.8 65.9 87.8 6.7 2,317.9 18.30% RR 3.5 3.5 0.03% SEF 7.4 41.1 4.5 671.4 29.3 4.6 32.3 2.9 25.7 1.2 0.5 820.9 6.48% SFR 1.5 30.6 6.8 8.7 12.3 1.2 7.4 686.4 303.0 334.9 132.2 14.2 95.5 1,634.7 12.90% UDV 0.4 118.9 92.3 62.9 150.1 196.5 363.3 89.8 286.3 198.4 127.3 52.6 106.6 406.5 2,251.7 17.77% VACANT 33.4 256.9 1.0 11.6 1.7 62.1 2.2 0.3 76.5 35.4 401.8 136.6 90.5 25.8 31.3 1,167.2 9.21% Grand Total 91.6 1,307.3 135.4 351.4 39.6 894.7 585.1 1,916.9 1,819.9 815.8 2,065.2 917.8 127.3 124.5 499.1 938.7 38.0 12,668.2 100.00% % By Zoning District 0 0.1032 0.01 0.03 0 0.07 0.05 0.1513 0.1437 0.06 0.163 0.07 0.01 0.01 0.04 0.07 0.003 1 321 2013 Annual Land Use Inventory Report February 28, 2014 Page 8 of 15 2011 Land Use Inventory Report as of December 31, 2011, Acres of Each Use by Zoning District Land use Classifications Zoning Districts B-1 B-2 B-3 BP HMU M-1 M-2 PLI R-1 R-2 R-3 R-4 R-MH R-O R-S UMU Total % By Land Use AP 4 41 13 84 18 3 0 0 0 1 5 45 212.5 1.70% CA 4 59 3 13 0 41 1 1 2 1 123.7 0.99% CHURCH 5 4 0 7 11 28 12 1 2 69.0 0.55% CR 12 254 21 29 3 65 8 2 0 6 17 16 1 434.8 3.48% DTR 0 3 2 0 1 38 93 93 24 10 1 264.6 2.12% GOLF 5 0 171 176.8 1.42% HM 2 64 1 1 0 0 0 68.2 0.55% LM 6 0 5 9 294 34 1 0 8 4 8 370.9 2.97% MFR 11 5 2 0 35 32 241 140 80 3 548.5 4.40% MHMP 2 10 0 12 0 34 23 5 86.5 0.69% MIXED 16 89 14 1 4 62 9 2 0 1 7 17 0 16 24 264.0 2.12% PFP 2 10 10 0 21 1 398 0 0 6 0 1 0 449.1 3.60% POS 0 43 0 16 25 506 242 52 226 66 5 18 108 1,306.9 10.47% RB 2 37 1 0 0 0 40.9 0.33% ROW 16 224 45 50 11 201 372 139 345 203 416 135 7 66 88 7 2,324.5 18.63% SEF 0 0 7 41 4 671 29 5 32 1 26 1 0 819.5 6.57% SFR 2 31 7 0 8 12 5 7 682 292 310 131 0 14 91 1,591.4 12.75% VACANT 34 408 1 126 2 140 152 149 433 125 689 348 53 204 430 31 3,326.0 26.65% Total 92 1,279 135 378 40 895 585 1,874 1,818 814 2,063 912 125 499 932 38 12,477.9 100.00% % By Zoning District 0.73% 10.25% 1.08% 3.03% 0.32% 7.17% 4.69% 15.02% 14.57% 6.53% 16.54% 7.31% 1.00% 4.00% 7.47% 0.30% 100.00% 322 2013 Annual Land Use Inventory Report February 28, 2014 Page 9 of 15 2010 Land Use Inventory Report as of December 31, 2010, Acres of Each Use by Zoning District Land Use Classification Zoning Districts B-1 B-2 B-3 BP HMU M-1 M-2 PLI R-1 R-2 R-3 R-4 R-MH R-O R-S UMU Total* % By Land Use AP 4 43 13 80 17 3 0 0 0 1 5 45 210 1.69% CA 3 47 3 13 0 41 1 1 2 1 112 0.90% CHURCH 5 4 0 7 11 28 12 2 2 70 0.56% CR 12 253 21 29 3 64 8 2 0 6 17 16 1 432 3.46% DTR 0 3 2 0 1 38 93 93 24 10 1 264 2.11% GOLF 5 2 171 179 1.43% HM 2 64 1 1 0 0 0 68 0.55% LM 6 0 5 9 294 34 1 0 8 4 16 378 3.03% MFR 11 5 2 0 35 31 241 140 80 3 548 4.39% MHMP 0 2 10 0 12 0 34 23 5 87 0.70% MIXED 17 87 13 1 4 59 9 2 0 1 7 16 0 18 17 253 2.03% PFP 2 10 10 0 21 1 398 0 0 6 0 0 448 3.59% POS 0 41 0 16 25 506 237 52 210 55 5 16 106 1,269 10.17% RB 2 36 1 0 0 2 41 0.33% ROW 16 220 45 50 11 201 372 139 345 203 416 134 7 67 88 7 2,320 18.59% SEF 0 0 7 41 4 671 29 5 32 1 26 1 0 820 6.57% SFR 1 29 7 0 8 12 5 7 677 286 301 129 0 16 90 1,570 12.58% VACANT 34 425 1 130 2 144 152 149 443 131 712 361 53 206 433 31 3,409 27.32% Total* 92 1,273 135 378 40 895 585 1,874 1,818 814 2,063 912 125 505 932 38 12,478 100.00% % By Zoning District* 0.74% 10.20% 1.08% 3.03% 0.32% 7.17% 4.69% 15.02% 14.57% 6.53% 16.54% 7.31% 1.00% 4.05% 7.47% 0.30% 100.00 % *The total land area for this year includes the land use of Right of Way (ROW) which was absent in the prior two years. This changes the total areas. 323 2013 Annual Land Use Inventory Report February 28, 2014 Page 10 of 15 2009 Land Use Inventory Report as of December 31, 2009, Acres of Each Use by Zoning District Land Use Classification Zoning Districts B-1 B-2 B-3 BP HMU M-1 M-2 PLI R-1 R-2 R-3 R-4 R-MH R-O R-S UMU TOTAL* % By Land Use AP 4 43 13 75 17 3 0 0 0 1 6 35 197 1.94% CA 3 47 3 13 0 41 1 1 2 1 112 1.10% CHURCH 5 4 0 7 11 11 12 2 2 52 0.51% CR 12 253 21 29 3 64 8 9 2 0 6 17 16 1 442 4.35% DTR 0 3 2 0 1 12 93 93 24 10 1 238 2.34% GOLF 5 2 171 179 1.76% HM 2 64 1 1 0 0 0 68 0.67% LM 11 0 10 9 287 34 1 2 0 13 4 19 391 3.85% MFR 11 5 2 0 35 31 241 139 80 3 547 5.38% MHMP 5 2 10 0 3 12 10 34 23 5 105 1.03% MIXED 16 87 13 1 4 59 9 2 0 1 7 16 0 18 17 252 2.48% PFP 2 10 10 0 13 1 393 0 0 6 0 8 443 4.36% POS 0 41 0 16 25 506 263 52 210 55 5 26 106 1,305 12.84% RB 2 36 1 0 0 2 41 0.40% SEF 0 0 7 41 4 671 29 5 32 1 1 0 794 7.81% SFR 1 29 7 0 8 12 5 7 673 282 287 128 0 16 88 1,544 15.19% VACANT 30 464 1 130 2 150 152 149 447 131 744 303 78 206 432 31 3,452 33.98% TOTAL* 76 1,097 90 327 28 686 214 1,739 1,473 611 1,648 733 118 438 852 31 10,162 100.00 % % By Zoning District 0.75% 10.80% 0.89% 3.22% 0.28% 6.75% 2.10% 17.11% 14.50% 6.02% 16.21% 7.22% 1.16% 4.31% 8.38% 0.31% 100.00% * Excludes any land used for ROW. The ROW values were not included in this year’s tabulation due to technical difficulties with the data. 324 2013 Annual Land Use Inventory Report February 28, 2014 Page 11 of 15 2008 Land Use Inventory Report as of December 31, 2008, Acres of Each Use by Zoning District Land Use Classifications Zoning Districts B-1 B-2 B-3 BP HMU M-1 M-2 PLI R-1 R-2 R-3 R-4 R- MH R-O R-S UMU Total* % By Land Use* AP 4 43 13 75 17 3 0 0 0 1 6 35 197 1.95% C 12 253 21 34 3 64 8 9 2 0 3 17 16 1 443 4.37% CA 3 47 3 13 0 41 1 1 2 1 112 1.11% CHURCH 5 4 0 7 11 11 12 2 2 52 0.52% DTHR 0 3 2 0 1 12 93 93 22 10 1 235 2.32% GOLF 5 2 171 179 1.76% HM 2 63 1 1 1 0 0 0 68 0.67% LM 11 0 5 9 109 34 1 2 0 13 4 19 208 2.05% MHMP 5 2 10 0 3 12 10 34 23 5 105 1.04% MHR 11 5 2 0 0 35 31 244 139 80 3 550 5.43% MIXED 16 86 13 1 4 59 9 2 0 1 7 16 0 18 17 252 2.49% PF 2 10 10 0 10 1 393 0 0 6 0 8 440 4.34% PFP 0 41 0 16 25 476 263 52 210 55 5 26 106 1,275 12.58% RB 2 36 1 0 2 41 0.40% SEF 0 0 7 41 4 671 29 5 32 1 1 0 794 7.84% SHR 1 29 7 0 8 12 5 7 669 281 283 128 0 16 87 1,534 15.15% VACANT 30 464 1 130 2 330 152 149 451 132 750 306 78 206 432 31 3,645 35.98% Total* 76 1,096 90 327 28 685 214 1,709 1,473 611 1,648 733 118 438 852 31 10,130 100.00% % By Zoning District* 0.75% 10.82% 0.89% 3.23% 0.28% 6.76% 2.11% 16.87% 14.54% 6.03% 16.27% 7.24% 1.16% 4.32% 8.41% 0.31% 100.00% * Excludes any land used for ROW. The ROW values were not included in this year’s tabulation due to technical difficulties with the data. 325 2013 Annual Land Use Inventory Report February 28, 2014 Page 12 of 15 2007 Land Use Inventory Report as of December 31, 2007, Acres of Each Use by Zoning District Land Use Classification Zoning Districts R-S R-1 R-2 R-3 R-4 R- MH R-O B-1 B-2 B-3 HMU M-1 M-2 BP PLI TOTAL % BY LAND USE SHR 81 650 270 261 94 1 6 0 26 7 8 21 1 0 7 1433 12.0% DTHR 1 13 92 84 22 0 3 0 3 2 0 1 0 0 0 220 1.8% MHR 3 35 36 184 135 0 53 0 10 5 0 0 0 1 0 463 3.9% MHMP 2 0 0 12 0 53 23 0 2 0 0 7 0 0 0 99 0.8% CHURCH 2 9 2 11 8 0 2 0 5 4 0 0 0 0 0 42 0.3% GOLF 171 0 0 2 0 0 0 0 0 0 0 0 0 0 0 174 1.4% MIXED 8 0 1 7 1 0 6 15 86 13 4 58 9 1 2 213 1.8% RB 0 0 0 0 0 0 0 2 34 1 0 2 0 0 0 39 0.3% C 1 2 0 3 17 0 14 11 239 21 4 63 8 31 7 422 3.5% HM 0 0 0 0 0 0 0 2 59 1 1 1 0 0 0 64 0.5% CA 0 0 0 1 2 0 1 3 47 3 0 41 1 12 0 111 0.9% LM 23 0 0 0 1 0 4 0 6 0 9 106 36 19 1 207 1.7% HI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0% AP 0 0 0 1 5 0 33 2 36 14 0 17 3 81 16 208 1.7% PFP 92 261 52 212 60 5 26 0 43 11 0 21 0 20 646 1449 12.1% SEF 0 27 5 21 1 0 0 1 0 7 0 4 0 41 532 641 5.3% ROW* 87 345 200 402 129 11 64 16 217 45 11 188 372 57 128 2272 19.0% VACANT 453 482 138 729 238 78 163 40 461 1 1 393 155 146 455 3932 32.8% TOTALS 924 1825 796 1930 714 148 399 93 1274 135 40 923 585 409 1794 11988 100.0% % BY ZONING DISTRICT 7.7% 15.2% 6.6% 16.1% 6.0% 1.2% 3.3% 0.8% 10.6% 1.1% 0.3% 7.7% 4.9% 3.4% 15.0% 100.0% 326 2013 Annual Land Use Inventory Report February 28, 2014 Page 13 of 15 2006 Land Use Inventory Report as of December 31, 2006, Acres of Each Use by Zoning District Land Use Classification Zoning Districts R-S R-1 R-2 R-3 R-4 R-MH R-O B-1 B-2 B-3 HMU M-1 M-2 BP PLI TOTAL % BY LAND USE SHR 77 645 264 242 95 1 6 1 26 7 8 21 1 1 7 1402 13% DTHR 1 38 90 78 21 0 3 0 3 2 0 1 0 0 0 237 2% MHR 3 35 31 201 109 0 99 0 9 5 0 0 0 2 0 494 4% MHMP 2 0 0 12 0 53 23 0 2 0 0 7 0 0 0 99 1% CHURCH 1 9 2 8 8 0 2 5 5 4 0 0 0 0 0 44 0% GOLF 171 5 0 2 0 0 0 0 0 0 0 0 0 0 0 178 2% MIXED 8 0 1 6 1 0 6 10 76 13 4 56 9 1 2 193 2% RB 0 0 0 0 0 0 0 2 33 1 0 2 0 0 0 38 0% C 1 2 1 16 17 0 13 14 256 21 4 66 8 31 7 457 4% HM 0 0 0 0 0 0 0 2 59 1 1 1 0 0 0 64 1% CA 0 0 0 0 0 0 1 3 33 3 0 41 1 15 0 97 1% LM 23 0 1 0 1 0 4 0 6 0 9 106 36 14 1 201 2% HI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0% AP 0 0 0 1 5 0 32 2 34 14 0 16 3 87 16 210 2% PFP 102 212 45 178 41 5 21 0 13 11 0 21 0 16 555 1220 11% SEF 0 9 5 13 1 0 0 1 0 7 0 4 0 41 532 613 6% ROW 73 310 163 252 91 12 52 15 147 47 11 68 152 44 118 1555 14% VACANT 459 443 108 843 201 78 96 37 525 1 1 393 155 124 553 4017 36% TOTALS 921 1708 711 1852 591 149 358 92 1227 137 38 803 365 376 1791 11119 100% % BY ZONING DISTRICT 8% 15% 6% 17% 5% 1% 3% 1% 11% 1% 0% 7% 3% 3% 16% 100% 327 2013 Annual Land Use Inventory Report February 28, 2014 Page 14 of 15 2005 Land Use Inventory Report as of December 31, 2005, Acres of Each Use by Zoning District Land Use Classification Zoning Districts R-S R-1 R-2 R-3 R-4 R-MH R-O B-1 B-2 B-3 HMU M-1 M-2 BP PLI TOTAL % BY LAND USE SHR 91 630 253 224 93 1 9 0 26 6 8 20 1 1 13 1376 13% DTHR 0 38 89 68 20 0 5 0 3 2 0 1 0 0 0 226 2% MHR 7 38 29 181 98 0 71 0 13 5 0 0 0 3 0 445 4% MHMP 2 0 0 12 0 53 23 0 2 0 0 7 0 0 0 99 1% CHURCH 1 9 1 8 5 0 2 7 8 4 0 0 0 0 0 45 0% GOLF 175 5 0 2 0 0 0 0 0 0 0 0 0 0 0 182 2% MIXED 8 0 1 0 0 0 6 6 74 14 4 52 9 1 2 177 2% RB 0 0 0 0 0 0 0 2 33 1 0 2 0 0 0 38 0% C 1 2 1 37 17 0 13 11 219 21 4 67 8 39 7 447 4% HM 0 0 0 0 0 0 0 2 60 1 0 1 0 0 0 64 1% CA 0 0 0 0 0 0 0 2 33 3 0 41 1 15 0 95 1% LM 22 0 1 0 1 0 5 0 6 0 3 105 36 15 1 196 2% HI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0% AP 0 0 0 1 3 0 27 2 33 14 0 15 3 73 2 173 2% PFP 85 150 33 88 35 0 28 0 11 11 0 21 0 16 560 1038 10% SEF 0 10 5 13 1 0 0 1 0 1 0 5 0 42 539 617 6% ROW 59 296 163 237 89 10 49 14 145 45 11 62 95 43 116 1434 14% VACANT 602 346 141 797 190 31 133 35 553 1 1 208 154 153 442 3787 36% TOTALS 1053 1524 717 1668 552 95 371 82 1219 130 31 607 307 401 1682 10439 100% % BY ZONING DISTRICT 10% 15% 7% 16% 5% 1% 4% 1% 12% 1% 0% 6% 3% 4% 16% 100% 328 2013 Annual Land Use Inventory Report February 28, 2014 Page 15 of 15 329