HomeMy WebLinkAbout9. Cottonwood Corner ZMAPage 1 of 11
Z14292, Staff Report for the Cottonwood Corner 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 21, 2014
City Commission public hearing is on November 10, 2014.
Project Description: A request to amend the zoning map on approximately .0.73 acres from
B-1 (Neighborhood Business District) to RO (Residential Office District).
Project Location: The property is located at 86 S. Cottonwood Road. The property is
legally described as Lot 1 of Minor Subdivision 340.
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-14292 and move to approve the zone map
amendment with contingencies and subject to all applicable code provisions.
Report Date: October 15, 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 .0.73 acres from B-1
(Neighborhood Business District) to RO (Residential Office District). The property is located
at 86 S. Cottonwood Road. The property is legally described as Lot 1 of Minor Subdivision
340. The required criteria appear to be met.
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 21, 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.............. 10
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 10
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 10
FISCAL EFFECTS ................................................................................................................. 10
ATTACHMENTS ................................................................................................................... 11
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SECTION 1 - MAP SERIES
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SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Cottonwood Corner Zone Map Amendment”.
2. That the applicant submit a zone amendment map, titled “Cottonwood Corner 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. The map
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
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the perimeter of the subject property and zoning districts, and total acreage of the
property.
3. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area to be rezoned. The map will be utilized in the preparation of the
Ordinance to officially amend the zone map.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Cottonwood Corner Zone Map Amendment
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 October 6, 2014. The DRC did not identify any infrastructure or regulatory
constraints which would impede the approval of the application.
The Zoning Commission will hold a public hearing on this ZMA on October 21, 2014 to
forward a recommendation to the Commission on the Zone Map amendment. The meeting
will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. The
Zoning Commission recommended favorably with the staff recommended contingencies.
The City Commission will hold a public hearing on the zone map amendment on November
10, 2014. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will
begin at 6 p.m.
SECTION 4 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following criteria. As an amendment is a legislative action,
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. As shown on map 2 above, the property is presently divided between two future land
use designations. These are Community Commercial Mixed Use and Residential. The
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property is likewise divided between two zoning districts, B-1 and RO. The proposed
amendment is in support of a site development including a division of the property into two
tracts with the new lot line to coincide with the new zoning boundary.
Under Section 38.07.040.C, BMC, when a property is divided between two zoning districts
the most restrictive applies to the entire parcel. In this case that would be the RO district. The
majority of the site is planned for commercial uses. The Center based development principles
in Chapter 3 call for strategically located service nodes. This site is one of those nodes.
Therefore, the present zoning is at conflict with the growth policy. The change of location of
the zoning boundary line does not alter the restriction the RO district places on the property.
Rezoning will facilitate a development which will subdivide the property to create a property
line matching the new zoning boundary. The northern portion will be able to be developed in
accordance with the B-1 zoning and planned land use. A review of the goals and policies of
the growth policy did not identify any conflicts.
If the City Commission finds necessary to ensure growth policy compliance, a contingency
could be added. The contingency would limit action on an implementing ordinance to delay
final adoption until after recording of the subdivision which would create the new lot
boundary.
B. Secure safety from fire and other dangers.
Neutral. Both the B-1 and Residential Office 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 and planned nature of the area. The greater intensity of the B-1 district will be
supportive of a greater degree of mixed use development which supports a more physically
active community. With the revised map and associated subdivision the B-1 district will be
able to be expressed. The Center based land use pattern which the B-1 district represents
encourages a more physically active community with associated health benefits. Enabling
execution of the growth policy future land use map supports the general welfare.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The B-1 and RO districts are both subject to development standards. Those standards
require the identification and mitigation of impacts from development. There are existing
water, sewer, and transportation services which serve the site. There are no known
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restrictions which would inhibit the ability to provide services to the maximum intensity of
development allowed under either district.
Under either district, 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 residents.
E. Reasonable provision of adequate light and air.
Neutral. Both the RO and B-1 districts have required setbacks and height limitations which
restrict the intensity of development. The B-1 district does allow a greater intensity of
development. Apartments and offices are allowed under both districts. Any site development
must comply with the limitations of the development standards. 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 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 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. Pedestrian facilities will be constructed along Cottonwood and
Babcock with development.
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 is vacant but is also zoned as Residential
Office. Property to the south is also zoned as Residential Office and is developed as three
multi-household dwelling buildings. 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 to the
east and south is also zoned as Residential Office.
I. Peculiar suitability for particular uses.
Neutral. The site is level with no substantial limitations on its development. The area to be
amended is not particularly beneficial for one use over another in the Residential Office or
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Neighborhood Business district. Development under either the exiting or proposed zoning is
readily achievable.
J. Conserving the value of buildings.
Neutral. There are no existing buildings on the site or to the east. To the south the existing
residential buildings have the same zoning designation as that proposed. There are no
buildings to the north of the site and both sides of Babcock Street will remain zoned as B-1.
The development west of Cottonwood is buffered by the road and will not be injured by
either district.
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 Criteria A, G and H this criterion has also been met.
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 R-O residential-office district is to provide for and encourage the
development of multihousehold and apartment development and compatible professional
offices and businesses that would blend well with adjacent land uses. The primary use of a
lot, as measured by building area, permitted in the R-O district is determined by the
underlying growth policy land use designation. Where the district lies over a residential
growth policy designation the primary use shall be non-office uses; where the district lies
over a nonresidential designation the primary use shall be office and other nonresidential
uses. Primary use shall be measured by percentage of building floor area. Section 38.08.010,
BMC
The intent of the B-1 neighborhood business district is to provide for smaller scale retail
and service activities frequently required by neighborhood residents on a day to day basis, as
well as residential development as a secondary purpose, while still maintaining compatibility
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with adjacent residential land uses. Development Scale and pedestrian orientation are
important elements of this district.” Section 38.10.010, BMC
Adopted Growth Policy Designation:
The existing designation for the site of the amendment is Community Commercial Mixed
Use. The description 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
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.
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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 .73 acres from B-1
(Neighborhood Business District) to RO (Residential Office District). The property is located
at 86 S Cottonwood Road. The property is legally described as Lot 1 of Minor Subdivision
340.
Project Background The property lies east of Cottonwood Road, a primary arterial
street and south of Babcock Street, a collector. The property consists of one platted lot which
is vacant. The proposed amendment is to facilitate a division of the property.
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: 2B Holdings LLC, PO Box 10968, Bozeman MT 59719
Representative: by Intrisik Architecture 111 N. Tracy Ave, Bozeman MT 59715
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.
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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
73
COTTONWOOD
CORNER
Zone Map Amendment
(ZMA) Application
September 2014
74
Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN FEE APPLIES- $
DEPARTMENT OF PLANNING AND 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
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman Community Plan Designation:
11. Gross Area: Acres: Square Feet: 12. Net Area:Acres: Square Feet:
Cottonwood Corner Zone Map Amendment (ZMA)
Note that the lot has split
zoning (B-1 and R-O)
ZMA B-1 to R-O on a portion of the property; note that application is being
submitted concurrently with a minor subdivision application
Vacant
Community Commercial Mixed Use (northern portion) and
Residential (southern portion)
2B Holdings LLC [Matt Nistler & Ben Nistler]matt@nistlerhomes.com
ben@nhbmt.biz
PO Box 10968, Bozeman MT 59719
581-6998 (Matt)
570-7345 (Ben)
Intrinsik Architecture, Inc.
111 North Tracy Avenue
Bozeman MT 59715
sriggs@intrinsikarchitecture.com
582-8988
Lot 1, Minor Subdivision No. 340 in the SW 1/4 of Section 10, T2S, R5E of PMM City of
Bozeman, Gallatin County, Montana
86 South Cottonwood Road
C&H Engineering
1091 Stoneridge Drive
Bozeman, MT 59718
mchandler@chengineers.com
587-1115
1681243.86*1681243.86
*Note: Although the total parcel is 3.86 acres, this ZMA
would only affect 0.73 (+/-) acres of the total site.
75
9/10/14
76
Page 3 (Zoning Map or Unified Development Ordinance Text Amendment Checklist – Prepared 12/05/03, revised 9/20/04, revised 11/14/11, revised 3/4/14)
ZONING MAP OR UNIFIED DEVELOPMENT CODE TEXT AMENDMENT CHECKLIST
This checklist shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable)
must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Amendment Type. What type of amendment is being requested? (check all that apply)
Zoning Map Amendment
Unified Development Code Amendment – Zoning Provisions
Unified Development Code Amendment – Subdivision Provisions
B. Zoning Map or UDC Zoning Provision Amendment Criteria. For Zoning Map Amendments and Unified
Development Code Text Amendments involving zoning provisions, substantial written responses explaining how the criteria has been met, has NOT been met, or is not applicable for each of the following criteria shall be provided.
Are written responses for the following criteria provided?
Zoning Provision Criteria Yes No N/A
1. Is the new zoning designed in accordance with the growth policy?
2. Will the new zoning secure safety from fire and other dangers?
3. Will the new zoning promote public health, public safety and general welfare?
4. Will the new zoning facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements
5. Will the new zoning provide reasonable provision of adequate light and air?
6. Will the new zoning have an effect on motorized and non- motorized transportation
systems?
7. Does the new zoning promote compatible Urban Growth?
8. Does the new zoning promote the character of the district?
9. Does the new zoning address the affected area’s peculiar suitability for particular
uses?
10. Was the new zoning adopted with a view to conserving the values of buildings?
11. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area?
C. UDC Subdivision Provision Criteria. For Unified Development Code Text Amendments involving subdivision
provisions, substantial written responses explaining how the criteria has been met, has NOT been met, or is not applicable for each of the following criteria shall be provided.
Are written responses for the following criteria provided?
Subdivision Provision Criteria Yes No N/A
1. Will the amendment provide for the orderly development of the jurisdictional area?
2. Will the amendment provide for the coordination of roads within subdivided land with other roads, both existing and planned?
3. Will the amendment provide for the dedication of land for roadways and for public utility easements?
Subdivision Provision Criteria, continued Yes No N/A
x
x
x
x
x
x
x
x
x
x
x
x
77
78
NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.05.1230, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.05.1230, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 38.40) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.05.1230 of
the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed
incomplete and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08, revised 11/14/11)
NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.05.1230, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.05.1230, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 38.40) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.05.1230 of
the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed
incomplete and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08, revised 11/14/11)
Susan Riggs
Cottonwood Corner ZMA
9/9/14
79
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
condominium owners) within 200 feet of the property located at
, is a true and accurate list from the last declared Gallatin County tax
records. I further understand that an inaccurate list may delay review of the project.
Signature
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
condominium owners) within 200 feet of the property located at
, is a true and accurate list from the last declared Gallatin County tax
records. I further understand that an inaccurate list may delay review of the project.
Signature
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
Susan Riggs
86 South Cottonwood Road
80
Alina & Justin Alexander
228 S Cottonwood Road Unit 211
Bozeman, MT 59718
Kayla Bauman
228 S Cottonwood Road Unit 107
Bozeman, MT 59718
Mark Beland
228 S Cottonwood Road Unit 312
Bozeman, MT 59718
Whitney A Bermes
228 S Cottonwood Road Unit 205
Bozeman, MT 59718
Gerry Missop
244 S Cottonwood Road Unit 205
Bozeman, MT 59718
Bonnie M Blackstad
228 S Cottonwood Road Unit 209
Bozeman, MT 59718
Kevin or Abigail Carlson
228 S Cottonwood Road Unit 304
Bozeman, MT 59718
William Colvin
228 S Cottonwood Road Unit 303
Bozeman, MT 59718
Brian Combs
228 S Cottonwood Road Unit 303
Bozeman, MT 59718
Linda L Daley
228 S Cottonwood Road Unit 202
Bozeman, MT 59718
David or Ashley Driscoll
228 S Cottonwood Road Unit 202
Bozeman, MT 59718
Linda Dygert
228 S Cottonwood Road Unit 104
Bozeman, MT 59718
Steven Fabiano
228 S Cottonwood Road Unit 104
Bozeman, MT 59718
Andrea Feige
244 S Cottonwood Road Unit 107
Bozeman, MT 59718
Patrick or Bethany Fernandes
228 S Cottonwood Road Unit 102
Bozeman, MT 59718
Richard Hall
228 S Cottonwood Road Unit 106
Bozeman, MT 59718
Katrina Hamilton
155 Franklin Hill Drive
Bozeman, MT 59718
Kim Heitman
244 Cottonwood Road Unit 103
Bozeman, MT 59718
Kyle Helm
244 S Cottonwood Road Unit 306
Bozeman, MT 59718
Lisa Hepburn
228 S Cottonwood Road Unit 307
Bozeman, MT 59718
Irlene Hollingsworth
228 S Cottonwood Road Unit 112
Bozeman, MT 59718
David Howard
228 S Cottonwood Road Unit 108
Bozeman, MT 59718
Tana Hubber
244 S Cottonwood Road Unit 309
Bozeman, MT 59718
Stevi Jackson
228 S Cottonwood Road Unit 309
Bozeman, MT 59718
Michelle M Kendall
228 S Cottonwood Road Unit 305
Bozeman, MT 59718
David or Sarah Kenney
244 S Cottonwood Road Unit 305
Bozeman, MT 59718
Rexford & Ronda Kleinsasser
7510 Shedhorn Drive
Bozeman, MT 59718
Leslie MacDonald
244 S Cottonwood Road Unit 208
Bozeman, MT 59718
Tracy Marsh
244 S Cottonwood Road Unit 204
Bozeman, MT 59718
Carol Matland
244 S Cottonwood Road Unit 304
Bozeman, MT 59718
81
Jenny McCune
244 S Cottonwood Road Unit 301
Bozeman, MT 59718
Donna Miller
244 S Cottonwood Rd Unit 207
Bozeman, MT 59718
Rachelle Moeller
228 S Cottonwood Road Unit 205
Bozeman, MT 59718
Brian or Kayla Nickel
228 S Cottonwood Road Unit 110
Bozeman, MT 59718
Janet Norris
228 S Cottonwood Road Unit 201
Bozeman, MT 59718
Sarah O'Neil
228 S Cottonwood Road Unit 210
Bozeman, MT 59718
Katelynn M O'Neill
228 S Cottonwood Road Unit 105
Bozeman, MT 59718
Laura Orser
244 S Cottonwood Road Unit 106
Bozeman, MT 59718
Chase Pierce
228 S Cottonwood Road Unit 106
Bozeman, MT 59718
Lisa T or Roy Lewis Pino
228 S Cottonwood Road Unit 310
Bozeman, MT 59718
Angela Prond
228 S Cottonwood Road Unit 204
Bozeman, MT 59718
Roger Renner
244 S Cottonwood Road Unit 204
Bozeman, MT 59718
Garrett Rodger
228 S Cottonwood Road Unit 202
Bozeman, MT 59718
Jason or Richard Schneider
341 Valley Grove Drive
Bozeman, MT 59718
Paul Silvestri
228 S Cottonwood Road Unit 301
Bozeman, MT 59718
Jonathon or Lacie Simianer
228 S Cottonwood Road Unit 212
Bozeman, MT 59718
Shannon Stober
228 S Cottonwood Road Unit 306
Bozeman, MT 59718
Stephanie Stratton
244 S Cottonwood Road Unit 308
Bozeman, MT 59718
Kelly Swedeen
228 S Cottonwood Road Unit 111
Bozeman, MT 59718
Dave Swift
244 S Cottonwood Road Unit 206
Bozeman, MT 59718
Sandi Tansy
244 S Cottonwood Road Unit 201
Bozeman, MT 59718
Jack Toledo Jr
244 S Cottonwood Road Unit 108
Bozeman, MT 59718
Michael or Kaylie Utter
210 Cirque Drive
Bozeman, MT 59718
Graziela Volpiano
228 S Cottonwood Road Unit 206
Bozeman, MT 59718
Nathan Williams or Jeanette Morris
228 S Cottonwood Road Unit 302
Bozeman, MT 59718
Larry Zapf
244 S Cottonwood Road Unit 303
Bozeman, MT 59718
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AUGUSTINE, MICHAEL
31 CANDLELIGHT DR
BOZEMAN MT 59718
HRDC
32 SOUTH TRACY AVENUE
BOZEMAN MT 59715
BLACKWOOD, SHERI
32 STAFFORD AVE
BOZEMAN MT 59718
STOCKER, PAULA
213 TURTLE WAY
BOZEMAN MT 597915
DICKSON, CHARLOTTE
20 STAFFORD AVE
BOZEMAN MT 59718
LECLAIR, KEN
2421 HIGHLAND BLVD
BOZEMAN MT 59715
AMERICAN BANK OF MONTANA
PO BOX 1970
BOZEMAN MT 59771
GIANFORTE, GREG & SUSAN
1320 MANLEY RD
BOZEMAN MT 59715
FAYE MICHAEL S
7010 HIGHLANDS DR NE
BOZEMAN MT 59715
J & D FAMILY PARTNERSHIP
270 AUTOMOTIVE AVE
BOZEMAN MT 59718
DELANEY & COMPANY INC
101 E MAIN ST
BOZEMAN MT 59715
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COTTONWOOD CORNER ZMA
Narrative
The subject property contains a total of 3.86 acres and is located southeast of the intersection of
Cottonwood Road and West Babcock Street. This Zone Map Amendment (ZMA) application
proposes to amend the zoning designation of approximately 0.73 acres from B-1 (Neighborhood
Commercial) to R-O (Residential Office).
The lot currently has split zoning—the northern portion is zoned B-1 (Neighborhood Commercial)
and designated Community Commercial Mixed Use (CCMU) in the growth policy while the
southern portion is zoned R-O (Residential Office) and designated Residential. This creates a
dilemma for the property as the more restrictive R-O zone technically overrides the B-1 zone,
however R-O is not an implementing zone for the CCMU land use designation.
The property owners would like to develop a residential apartment project. While apartments are
permitted principal uses in both zoning districts, Planning Staff suggested that to better meet the
intent of the underlying CCMU land use designation, the buildings in the B-1 portion should
include features (such as 12 foot ground floor-to-ceiling heights) to make them work as
apartments now and be easily convertible for commercial uses should the need and desire occur
in the future. As the design team began to layout the site and develop phasing options, it became
apparent that the logical boundary between zones should be in the middle of the property to
accommodate a centrally located plaza and parking area rather than through the middle of a
building. Approval of this amendment will allow the proposed future northern lot (with two
convertible buildings) to be B-1 and CCMU and the proposed southern lot (with two residential
buildings) to be R-O and Residential.
Approval of this ZMA application combined with a minor subdivision will actually make the
property more in compliance with the growth policy by allowing a standalone B-1 zone to exist at
the corner. Designing buildings to host a variety of different uses over time is a progressive
approach to dealing with both current market demands and long term land use goals.
In the grand scheme of planning for Bozeman, this ZMA is a very logical and minor adjustment
for this property. Please refer to the attached application forms, responses to 76-2-304 (MCA
Zoning Criteria) and exhibits for additional information.
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COTTONWOOD CORNER
Responses to Zoning Provision Criteria
(updated to correspond with new checklist)
A. Be in accordance with a growth policy.
Yes. The lot is currently split by two zones B-1 and R-O. In such cases, the more restrictive R-O
zone applies; however, according to Table C-16, R-O is not an implementing zone for the
Community Commercial Mixed Use (CCMU) land use designation. A minor subdivision will solve
this issue and make the property more in compliance with the growth policy by allowing convertible
units to accommodate a wider range of B-1 uses in the future. This ZMA application requests some
flexibility to shift the dividing line north to layout a more logical site and phasing plan.
The growth policy calls for these smaller commercial nodes “on one or two quadrants of
intersections of arterials and/or collectors” (Page 3-13) in specific designated areas around town. A
dense residential project in this location, in additional the continuing development of the larger
neighborhood, will hopefully stimulate development in the other three vacant quadrants of this
intersection. One of the keys to developing these smaller commercial nodes is to have enough
beds to support businesses. The idea of designing buildings to host a variety of different uses over
time is a progressive approach to creatively dealing with both current market demands and long
term land use goals. Page 3-16 of the comprehensive plan states: “The construction of building and
conducting of commercial and residential activities is done by the private sector. Their willingness
to invest money and personal commitment in to the community has a huge influence on the
community’s ability to realize its goals.”
B. Secure safety from fire and other dangers.
Neutral. The subject properties are located in an area that is within the jurisdiction of the City of
Bozeman Fire and Police Departments and within the service area of American Medical Response
ambulances. Site and building development will be in compliance with the UDC and all applicable
building codes to help secure safety from fire and other dangers. Shifting the line between R-O and
B-1 will have no influence on these types of services.
C. Promote public health, public safety, and general welfare.
Neutral. The R-O and B-1 districts both allow apartments as principal permitted uses. The intensity
of uses will not be affected. The likely density is 25 units per acre for the site as a whole. Provisions
of the UDC as well as applicable building codes will ensure public health, safety and general
welfare.
D. Facilitate the adequate provision of transportation, water, sewerage, schools, parks,
and other public requirements.
Neutral. Future site development proposals on the subject property will be required to demonstrate
the adequate provision of public services that will be necessary to offset any particular impacts that
may be identified throughout the review process. Both zones include apartments as principal uses.
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COTTONWOOD CORNER
Responses to Zoning Provision Criteria (continued)
E. Reasonable provision of adequate light and air.
Neutral. Future development in compliance with the UDC as well as applicable building codes will
assure the provision of adequate light and air.
F. The effect on motorized and non-motorized transportation systems.
Neutral. Moving the line between the R-O and B-1 districts will have no effect on motorized or non-
motorized transportation systems. The property is bounded on the north by West Babcock Street, a
designated collector road and on the west by South Cottonwood Avenue, a major arterial road. A
shared access easement exists along the southern boundary. A Traffic Impact Study as well as
internal pedestrian and vehicular circulation will be addressed through a subsequent site plan
application.
G. Promotion of Compatible Urban Growth.
Yes. Quality residential development of 25 units per acre in this location will help to satisfy an
important and immediate demand for quality rental units in Bozeman AND designing the north two
buildings with features that allow them to potentially be converted for a variety of commercial uses
in the future is a progressive way to also plan for long term growth.
H. Character of the district.
Neutral. The character of the district is developing in a very positive way. Valley West is an award
winning neighborhood to the north and HRDC’s West Edge Condominiums to the south has set a
high standard for multi-household design. The development of the church and school to the
northwest has added a quality mix of uses to the area. Future site development on this lot that
complies with the standards of the UDC will continue to add to the character of the adjacent and
nearby districts.
I. Peculiar suitability for particular uses.
Neutral. The proposed shift in the line between R-O and B-1 is not a significant change. Both
districts allow apartments as a permitted principal use.
J. Conserving the value of buildings.
Neutral. Although much of the immediate surrounding area has not yet been developed, all future
site development that complies with the requirements outlined in the UDC will all help ensure
consistency with the existing and planned surrounding development types which will, in turn, aid in
the conservation and increase in property values.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. This minor change in the zoning map would not have any significant impact on the larger
jurisdictional area. Again, apartments are principal permitted uses in both zones.
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Exhibit A
Vicinity Map
Valley West
Valley West
(Future Phases)
Church
School
Norton
Carwash
The
Ridge
Car
Dealership
West
Edge
Condos
Car
Dealer-
ships
Vet
Clinic
Bank/
Offices
Subject Property
Medical
Offices
School Church
Bronze
Leaf Condos Bronken Fields
Baxter
Springs
Natural Area
Scho
Future
Commercial
Huffine Lane Cottonwood Road Babcock
Fallon Street Resort Drive Cascade Street
87
West Edge
Phase 3 under
construction
Shared Access
Carwash
Billion
Future Neighborhood
Commercial Stafford Street Babcock Street Cottonwood Road Subject
Property
West Edge
Phase 2
West Edge
Phase 1
* Bus
Stop
Exhibit B
Site Conditions
Future Neighborhood
Commercial
Future Neighborhood
Commercial
Future RO
Development Access Connections Fallon Street
88
Exhibit C
Existing Land Use Map
Subject Property
89
Exhibit D
Existing Zoning
Subject Property
Existing Split Zoning: RO & B1
90
Exhibit E
Proposed Zoning
Area proposed to
be added to R-O
91
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1
MINUTES
CITY OF BOZEMAN ZONING COMMISSION,
CITY COMMISSION ROOM, CITY HALL
121 NORTH ROUSE AVENUE TUESDAY, OCTOBER 21, 2014 6:00 P.M.
For the minutes linked to the video of this meeting please visit: http://www.avcaptureall.com/Sessions.aspx#session.1b056e1c-e9c5-4806-9e16-48196ba60340
06:01:22 PM
ITEM 1. CALL TO ORDER AND ATTENDANCE
Council Member - Erik Garberg: Present
Board Member - Julien Morice: Absent
Board Member - George Thompson: Present Board Member - Dan Stevenson: Present Board Member - Laura Dornberger: Absent Staff:
Chris Saunders, Planner Jeff Krauss, Mayor
Members of the Public:
Ben Nistler, 2B Holdings
Susan Riggs, Intrinsik Architecture, 111 N Tracy Ave
06:01:53 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.)
No public comment forthcoming
06:02:10 PM
ITEM 3. MINUTES OF OCTOBER 07, 2014
No discussion of minutes.
Board Member - Dan Stevenson: Motion
Board Member - George Thompson: 2nd
Council Member - Erik Garberg: Approve
Board Member - Julien Morice: Absent
Board Member - George Thompson: Approve Board Member - Dan Stevenson: Approve
Board Member - Laura Dornberger: Absent Motion carries unanimously.
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06:02:31 PM
ITEM 4. PROJECT REVIEW
1.Cottonwood Corner Zone Map Amendment Application Z14292 (Saunders) A Zone Map Amendment Application requested by the property owners 2B Holdings, LLC PO Box
10968, Bozeman MT 59719 and Representative Intrinsik architecture, Inc., 111 North Tracy
Avenue, Bozeman MT 59715 to amend the zoning map to rezone approximately .73 acres from B-1
(Neighborhood Business District) to R-O (Residential Office District). The property is legally
described as Lot 1 of Minor Subdivision 340 in the SW ¼ of Section 10, T2S, R5E of PMM, City of Bozeman, Gallatin County, Montana. The property is located at 86 South Cottonwood Road.
Planner Saunders presented his staff report to the Commission. This application has been reviewed
by the Development Review Committee which has given a favorable recommendation. No public
comment has been received.
Planner Saunders closed his presentation and made himself and the Applicant available for
Commissioner questions.
06:06:36 PM Mayor Krauss joined the meeting.
06:06:56 PM
Chair Garberg opened for questions of staff. No questions forthcoming. Chair Garberg then opened
for Applicant presentation. Ms. Susan Riggs, Intrinsik Architecture, spoke for the Applicant and property owner, Ben Nistler.
Ms. Riggs stated the zoning change will cause the area to be better in compliance with the Growth
Policy and will allow a logical site plan and phasing plan to follow. The more restrictive RO Zoning
is not an implementing zone of the Community Commercial/Mixed Use land designation. It’s really a matter of cleaning up boundary lines. She then made herself available for Commission questions.
No questions forthcoming.
06:08:30 PM Chair Garberg opened the Public Hearing. No public comment forthcoming. Chair Garberg closed
the public hearing.
06:08:45 PM
Chair Garberg opened for motion, discussion and vote.
Commissioner Thompson 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-14292 and move to approve the zone map amendment with contingencies and subject to all
applicable code provisions.”
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Seconded by Commissioner Stevenson.
Chair Garberg asked Commissioner Thompson to speak to his motion. Commissioner Thompson stated he liked consolidating the parcel to make it more usable. His only concern was traffic patterns,
which will be addressed later, at time of subdivision.
Commissioner Stevenson stated that if it makes the parcel more usable, he thinks it’s a great project
and a great thing to move forward with.
Chair Garberg’s only thought was that this was the second application the Board has seen in this
neighborhood where there is a cleanup of zoning. Maybe the market should be allowed to handle it
as people come in. But, it is what it is, and he has no issues with the application itself.
Planner Saunders stated that the Commission’s direction to staff is to work with individual
applicants as they choose to come in. The other applicant that Chair Garberg referred to was an
application for a nearby parcel which the Commission approved the night before at the regular City
Commission meeting.
06:10:43 PM
Chair Garberg called for a vote on the motion.
Board Member - George Thompson: Motion
Board Member - Dan Stevenson: 2nd Council Member - Erik Garberg: Approve
Board Member - Julien Morice: Absent Board Member - George Thompson: Approve
Board Member - Dan Stevenson: Approve Board Member - Laura Dornberger: Absent Motion carries unanimously. This application will appear before the City Commission on November
10th.
06:11:03 PM ITEM 5. NEW BUSINESS Chair Garberg opened for new business.
Planner Saunders made the Commission aware of upcoming actions in the Community Development Office which will come before the Zoning Commission sometime in the future.
The first item is that the City is in the process of selecting a consultant to review the City’s
Affordable Housing Policy. This policy is implemented, in part, according to zoning regulations.
Depending on the ultimate recommendation, it may come before the Commission as a formal series of recommendations. The selection should be made within the next 30 days.
The second item regarded a recently received $30,000 grant to evaluate the Conservation Overlay
District (Historic Preservation District component). This regulation has been on the books for over
20 years. Any time regulation changes are made, there must be an evaluation of the regulations put in place to ensure they are consistent with community needs. The grant was awarded about a week
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4
ago. A Request For Proposals for the project will go out soon. Related to that, in August the City
Commission, Community Development staff and the Historic Preservation Board discussed existing
standards for demolition. The City Commission gave direction for ordinance amendments to be
undertaken. Staff is in the early stages of drafting ordinances now. Some items will come to the Commission as an action item, text amendment.
The last item is a parkland discussion which occurred at the October 20th City Commission meeting.
Some parkland items will affect zoning regulations and review processes. Based on that direction,
text amendments will be made. Discussion on those amendments will be made with the Zoning Commission. Existing regulations require an analysis of parkland impacts based on the kind of
review – subdivision, site plan. The new direction was to look at changing that to evaluate level of
impact - the number of new homes, rather than the mechanics of how homes are reviewed. This will
involve process changes with the Zoning Commission. The memo discussed at the Commission
meeting is available on the agenda. There is no schedule for these items yet.
Commissioner Thompson asked Planner Saunders about how property owners are being integrated
into the analysis of demolition. Planner Saunders replied they have not gotten to that point yet, but
one of the mechanisms used is the Neighborhoods Program. Most neighborhood associations are
located in the Conservation Overlay area and that is the way staff receives information. There will also be public hearings and other ways to share the information. The process changes don’t change
the review, it’s more about changing the clarity of information needed. In some cases, demolition
will be easier, in some cases it will be harder.
Commission Stevenson stated he looks forward to seeing the information when it comes through.
06:17:14 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).
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