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Z14195, Staff Report for the First Security Bank/AO 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: Zoning Commission public hearing is on October 7, 2014
City Commission public hearing is on October 20, 2014.
Project Description: A request to amend the zoning map on 6.59 acres from BP (Business
Park District) to B-2 (Community Business District).
Project Location: The property is located at 536 and 642 Cottonwood Road. The property
is legally described as Lot 4 of Minor Subdivision 340 and Lot 5A of Minor
Subdivision 340A.
Recommendation: Approval with conditions
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 Z-14195 and move to approve the zone map
amendment with contingencies and subject to all applicable code provisions.
Report Date: September 30, 2014
Staff Contact: Chris Saunders, Policy and Planning Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
An application has been submitted to rezone approximately 6.59 acres from BP (Business
Park) to B-2 (Community Business District). The property is located at 536 and 642
Cottonwood Road. The property is legally described as Lot 4 of Minor Subdivision 340 and
Lot 5A of Minor Subdivision 340A.
Alternatives
Approval or denial of the application as submitted.
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Zoning Commission
The Zoning Commission unanimously recommended approval of the application as it was
submitted after conducting their public hearing on October 7, 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
Zoning Commission ............................................................................................................ 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL ................................ 4
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
SECTION 4 - STAFF ANALYSIS AND FINDINGS ............................................................. 5
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 5
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 8
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............... 8
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND................ 9
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 10
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 10
FISCAL EFFECTS ................................................................................................................. 10
ATTACHMENTS ................................................................................................................... 10
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SECTION 1 - MAP SERIES
6.59
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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 “First Security Bank/AO Zone Map Amendment”.
2. That the applicant submit a zone amendment map, titled “First Security Bank/AO 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.
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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
Project Name: First Security Bank/AO Zone Map Amendment
File: Z-14195
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 September 23, 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 October 7, 2014. They
forward a recommendation of approval to the Commission on the Zone Map amendment.
The meeting was held at 121 N. Rouse Avenue, Bozeman. The meeting began at 6 p.m.
The City Commission will hold a public hearing on the zone map amendment on October 20.
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,
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 requested B-2 zoning district is an implementing district for the Community
Commercial Mixed Use future land use designation. A review of the goals and policies of the
growth policy did not identify any conflicts.
B. Secure safety from fire and other dangers.
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Neutral. Both the Business Park and Community Business districts are subject to
development standards which will address this criterion. The property is located within the
service area of the City for fire, police and other emergency services. There are no known
unique hazards to the location. Adequate street access, water flow, and other infrastructure
exist to support emergency response.
C. Promote public health, public safety, and general welfare.
Yes. The change in districts will support a general character more in keeping with the
changing nature of the area. The Business Park use is a very low intensity development
district with large setbacks and lesser coverage of lot area allowed. The greater intensity of
the B-2 district will be supportive of a greater degree of mixed use development which
supports a more physically active community.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The BP and B-2 districts are both subject to development standards which require the
identification and mitigation of impacts from development. There is existing water, sewer,
and transportation services which serve the site. There are no known restrictions which
would inhibit the ability to provide services to the maximum intensity of development which
would be allowed under either district.
The B-2 district allows substantial residential uses while the BP district only allows them in
an accessory capacity. If residential uses are proposed, the City’s regulations will require
provision of onsite open space and park areas necessary to meet the park/recreational needs
of potential residents.
E. Reasonable provision of adequate light and air.
Neutral. Both the BP and B-2 districts have required setbacks and height limitations which
restrict the intensity of development. The B-2 district does allow a greater intensity of
development. The B-2 district as a whole has been found to adequately meet this criteria.
Any site development must comply with the limitations of the development standards
including qualitative design criteria. Both districts are also subject to building codes which
have use and design specific requirements for ventilation and lighting. In combination, these
standards will ensure that adequate light and air are provided.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The additional allowed intensity of development has potential to place greater
demand on transportation systems. The adjacent street, Cottonwood Road, is a primary
arterial street. It is planned to be developed to five lanes in the future. The City is presently
soliciting for design services to expand the street to five lanes. An awarded impact fee credit
to expand the area in front of these two lots is in place. Construction is planned for spring
2015. This work will include additional vehicle and pedestrian facilities. Additional
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development will be required to participate in funding of these improvements through the
impact fee program. Therefore, although some additional demand is possible there are also
expected improvements which will mitigate these effects.
G. Promotion of compatible urban growth.
Yes. The area has been annexed since 1997. The area has seen substantial urban scale
development since that time. The property is planned for urban scale and intensity of
development. The property immediately to the east has been approved for multiple buildings
as a large integrated complex. The existing uses on the site are consistent with the B-2
district. The City encourages intensity of development to lessen outward pressure on city
growth and to support a healthy mix of uses and services within the community.
H. Character of the district.
Yes. See G above. In addition, there are large retail operations to the west. The area is largely
developing a commercial character that is consistent with the B-2 district.
I. Peculiar suitability for particular uses.
Neutral. The site is level with no substantial limitations on its development. The area itself is
not particularly beneficial for one use over another. Proximity to a significant transportation
corridor may have some benefit to some of the B-2 uses but this is dependent on the actual
choice of the developer.
J. Conserving the value of buildings.
Neutral. The two existing buildings on the site will not be injured by this change and the uses
will remain conforming under either the BP or B-2 districts. There are no present buildings to
the east although the approved development should not be injured by the proposed change as
the land to the east is itself zoned as B-2. The development to the south is under construction
and is likewise also zoned as B-2 in addition to being separated from the site by Huffine
Lane. The property to the north is zoned BP and it doesn’t not appear that any injury will
occur to that location.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The determination of appropriate use of land is primarily accomplished through the
future land use map, Figure 3-1, of the growth policy. As it was found that the application
complies with Criterion A this criterion has also been met. There are no special features
about this site that make in particularly suited for one commercial designation over another.
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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.
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation and Land Uses:
“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.” Section 38.10.010, BMC
“The intent of the B-P business park district is to provide for high quality settings and
facilities for the development of a variety of compatible employment opportunities. These
areas should be developed so as to recognize the impact on surrounding or adjacent
development and contribute to the overall image of the community. Compatibility with
adjacent land uses and zoning is required.” Section 38.12.010, BMC
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
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
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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 A request to amend the zoning map on 6.59 acres from BP
(Business Park District) to B-2 (Community Business District). The property is located at
536 and 642 Cottonwood Road. The property is legally described as Lot 4 of Minor
Subdivision 340 and Lot 5A of Minor Subdivision 340A.
Project Background The property lies east of Cottonwood Road, a primary arterial
street. The property consists of two platted lot which are partially developed. Each lot has
adequate space for additional development. Each lot has one existing building. The BP
zoning district is an industrial district with an emphasis on business park type development.
The property was originally zoned as BP when it was located outside of the City under the
City’s extraterritorial zoning authority. When the property was annexed in the late 1990’s the
same zoning was continued.
Since the initial zoning of the property the City has grown significantly to the west. The
property has had a change of designation on the future land use map of the growth policy to
Community Commercial Mixed Use. Both properties are developed with uses which would
be acceptable under either the BP or the B-2 district.
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APPENDIX C – NOTICING AND PUBLIC COMMENT
A public notice of the public hearings was posted on the site. Notice was also mailed to all
property owners within 200 feet of the site. Notice was published in the Bozeman Daily
Chronicle legal section. Notice was provided at least 15 and not more than 45 days prior to
the Zoning Commission and City Commission public hearings.
No public comment had been received as of the writing of this report. Comments received
after report preparation will be provided to the Zoning Commission and City Commission.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: First Security Bank, 208 E Main Street, Bozeman MT 59715 and AO Group, 536
Cottonwood Road Suite 100, Bozeman MT 59718
Representative: Madison Engineering, 895 Technology Blvd, Ste 203, Bozeman MT 59718
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
Zoning Commission Minutes
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Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN FEE APPLIES- $
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMEN
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
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development: FSB/AO Group Zone Map Amendment
2. Property Owner Information:
Name: First Security Bank. Attn: Dennis Bechtold
AO Group. Attn: Dr. Mark Diebert & Dr. Tim O’Brien
E-mail Address dennisb@ourbank.com
timobrienmd@yahoo.com mcdeibert@gmail.com
Mailing Address: 208 E. Main Street Bozeman, MT 59715 536 Cottonwood Rd Ste 100 Bozeman, MT 59718
Phone: FSB - 585-3800 AO Group – 586-8029 FAX
3. Applicant Information:
Name: Same as Property Owner’s E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: Madison Engineering Attn: Chris G. Budeski, PE E-mail Address: chris@mad-eng.com
Mailing Address: 895 Technology Blvd Suite 203 Bozeman MT 59718
Phone: 406 586-0262 FAX: 406 586-5740
5. Legal Description: Lot 4 of Minor Sub 340 & Lot 5A of Minor Sub 340A
6. Street Address: 536 & 642 Cottonwood Rd Bozeman, MT 59718
7. Project Description: Zone Map Amendment
8. Zoning Designation(s): BP existing B2 proposed 9. Current Land Use(s): partially developed
10. Bozeman Community Plan Designation: Community Commercial Mixed Use
11. Gross Area: Acres: 6.57 Square Feet: 286,189 12. Net Area: Acres: N/A Square Feet: N/A
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FSB/AO Group Zone Map Amendment Application Narrative Page 2 of 2
unlikely residential uses will develop on either property. If residential units are developed, the project(s) would be developed as permitted in the
Bozeman Unified Development Ordinance to avoid undue concentration of
population.
8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements?
Due to the size of the lots, it is likely no public facilities will be required for
the developed on the properties. Public infrastructure is developed adjacent to the site providing transportation, water and sewer services.
9. Does the new zoning give consideration to the peculiar suitability of the property
for particular uses?
The proposed zoning does consider the character of the district and its suitability for commercial uses. B2 zoning is designed 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. Both
Huffine and Cottonwood are Arterial Streets. The properties offer no physical limitations to the proposed uses greater than those found in other portions of the Bozeman Community.
10. Does the new zoning give reasonable consideration to the character of the district?
The intent of the proposed zoning is to adhere to the City of Bozeman Community Plan which designates the use of this property as primarily
business and professional offices and services.
11. Was the new zoning adopted with a view to conserving the value of buildings?
Yes, the proposed zoning takes into consideration the existing buildings,
which includes a bank/office building and a medical office building. The
intent for the proposed zoning is to allow the potential for development of additional buildings on the lots that are compatible with the existing uses.
12. Will the new zoning encourage the most appropriate use of land throughout such
county or municipal area?
The proposed zoning will encourage the most appropriate use of land by adhering to the City’s Community Plan which designates the use of these properties as a wide variety of business and professional offices and services.
END OF NARRATIVE
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MINUTES
CITY OF BOZEMAN ZONING COMMISSION,
CITY COMMISSION ROOM, CITY HALL
121 NORTH ROUSE AVENUE TUESDAY, OCTOBER 07, 2014 6:00 P.M.
6:00pm
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 City Staff Tom Rogers, Planner
Public Chris Budeski
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 public comment forthcoming
ITEM 3. MINUTES OF SEPTEMBER 16, 2014
Motion, vote and approval minutes of September 16, 2014.
ITEM 4. PROJECT REVIEW 1. First Security Bank Zone Map Amendment Application Z14195 (Saunders)
A Zone Map Amendment Application requested by the property owners First Security Bank,
208 E Main Street, Bozeman MT 59715 and AO Group, 536 Cottonwood Road Suite 100,
Bozeman MT 59718, and Representative Madison Engineering, 895 Technology Boulevard,
Suite 203, Bozeman MT 59718 to amend the zoning map to rezone approximately 6.59 acres
from BP (Business Park) to B-2 (Community Business District). The property is legally
described as Lot 4 of Minor Subdivision 340 and Lot 5A of Minor Subdivision 340A, City of
Bozeman, Gallatin County, Montana. The property is located at 536 and 642 Cottonwood
Road.
Planner Rogers gave a brief summary of the request to change existing zoning from Business
Park (BP) to Community Business Park (B-2)
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06:06:24 PM
Mr. Budeski gave his presentation to the Commission stating the City encouraged this zone
change a number of years ago when Alpine Orthopedics was built.
06:06:42 PM
Chair Garberg asked for questions of Mr. Budeski. No questions forthcoming.
06:06:45 PM
Chair Garberg opened for public comment on the amendment. No public comment
forthcoming.
06:06:53 PM
Chair Garberg opened for motion, discussion and vote.
Mr. Morice made the 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 Z-14195 and move to approve the zone map amendment with contingencies and
subject to all applicable code provisions.”
Seconded by Ms. Dornberger.
Chair Garberg asked Mr. Morice to speak to his motion. Mr. Morice stated he believes it’s a
slam-dunk that is in line with long-term planning and he has no problem with it.
06:07:55 PM
Chair Garberg called for a vote on the motion. Council Member - Erik Garberg: Approve
Board Member - Julien Morice: Approve
Board Member - George Thompson: Approve
Board Member - Laura Dornberger: Approve Motion carries unanimously. This application will come before the City Commission with a
favorable recommendation from the Zoning Commission on October 20, 2014.
06:08:16 PM
ITEM 5. NEW BUSINESS
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Planner Rogers stated there will be another zone code amendment will be brought before the
Commission on either November 4th or November 18th for parking dimensional standards.
Chair Garberg asked Planner Rogers if this is the one for Mendenhall. Planner Rogers replied that it is for structured parking dimensional standards. Chair Garberg stated that he may have to recues
himself from that meeting.
Mr. Morice asked for a recap of the subject. Planner Rogers stated it is a text amendment to the
development code to modify parking dimensional standards for structured parking.
Chair Garberg stated this is driven by a specific application, but it’s a much larger issue and giving
input on the subject would be helpful for future applications. The Code is somewhat silent. It treats
internal and surface parking the same which is the big issue to be addressed. Varied input would be
good.
Mr. Thompson asked what is the issue if they are treated both the same? Chair Garberg stated that,
basically, the same dimensions and maneuvering area are not as practical in an interior structure as
what is required in surface parking lot.
06:11:11 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).
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