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Z14321, Staff Report for the Tschache Lane 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 Dates: Zoning Commission, December 2, 2014
City Commission, January 5, 2015
Project Description: A request to rezone approximately 3.07-acres from R-3 (Residential
Medium Density District) to R-4 (Residential High Density District) as allowed by
Article 38.37 of the Bozeman Municipal Code.
Project Location: The property is described as Lot 9 of Stoneridge Square Subdivision
located in the East One-Half (E ½) of Section 2, Township Two South (T2S), Range
Five East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana. The property
is generally located at 2420 Tschache Lane approximately 1,500 feet west of 19th
Avenue on the south side of Tschache Lane.
Recommendation: Approval with contingencies
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in
the staff report for application Z14321 and move to recommend approval of the zone
map amendment with contingencies.
Report Date: Tuesday, December 30, 2014
Staff Contact: Tom Rogers, Associate Planner
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
No unresolved issues have been identified at this time.
Project Summary
The applicant proposes this Zone Map Amendment (ZMA) to rezone existing R-3
(Residential Medium Density District) lands to R-4 (Residential High Density District) to
allow the construction of multi-household apartments in the future. The subject property was
created by the Stoneridge Subdivision in 2006 as a part of a nine (9) lot subdivision adjacent
to Rose Park and has remained undeveloped since then.
The subject property was annexed into the City circa 1988 and was initially zoned R-3.
No public comment has been received as of the writing of this report.
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Alternatives
1) Adopt the amendment as requested.
2) Deny the amendment.
Zoning Commission
The Zoning Commission unanimously recommended approval of the application as it was
submitted after conducting their public hearing on December 2, 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 ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL ................................ 9
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
SECTION 4 - STAFF ANALYSIS AND FINDINGS ........................................................... 10
Section 76-2-304, MCA (Zoning) Criteria ....................................................................... 10
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 13
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............. 14
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 19
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 19
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 19
FISCAL EFFECTS ................................................................................................................. 19
ATTACHMENTS ................................................................................................................... 19
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SECTION 1 - MAP SERIES
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Figure 1: Applicant Map of Subject Property.
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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 a municipal zoning designation shall
be identified as the “Tschache Lane Zone Map Amendment”.
2. That the applicant submit a zone amendment map, titled “Tschache Lane Zone Map
Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a
digital copy of the area to be zoned, acceptable to the Director of Public Works, which will
be utilized in the preparation of the Ordinance to officially amend the City of Bozeman
Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter
of the subject property and zoning districts, and total acreage of the property.
3. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor and
map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to
officially amend the zone map.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Tschache Lane Zone Map Amendment
File: Z14321
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 29 and
November 5, 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 December 2, 2014, at 121 N.
Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. and the Zoning Commission will
forward a recommendation to the City Commission on the application. The Zoning Commission
recommended favorably with the staff recommended contingencies.
The City Commission will hold a public hearing on the ZMA on January 5, 2015. The meeting
will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. The City
Commission will make the final decision on the application.
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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 Use on Figure 3-1 in the Bozeman Community
Plan. Table C-16 of the growth policy shows all residential districts permitted within the
Residential areas. A review of the applicable goals and objectives of the growth policy has
not identified any specific conflicts with the non-mapped elements of the document. The
Table of authorized zoning uses within the R-4 District is also provided in Appendix A and is
highlighted in yellow.
Figure 3-1 (Future Land Use Map) is not the only element of the Growth Policy which must
be considered. There are many goals, objectives, and other text which must also be
evaluated. While not every element will apply to every proposal, a broad evaluation of
compliance is needed. A proposal may comply with Figure 3-1 but not with the other
elements of the plan. To be in accordance with the Growth Policy compliance must be to
both Figure 3-1 and the other plan elements.
This zone map amendment would result in the addition of 3.07 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 urban
services, multi-modal transportation oriented development, and a compact development
pattern is a concentration of persons and activities (emphasis added). 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 Use designation of the Bozeman Community Plan states, in part, that this
category designates places where the primary activity is urban density dwellings. 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.
Supportive examples of applicable goals and objectives of the Bozeman Community Plan for
this application include:
Chapter 2 – Addressing Growth and Change
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Objective G-2.3 Strive to maintain a balanced supply of land for the variety of uses
necessary to support a vigorous city.
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.
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.
Objective C-3.3: Establish minimum residential densities in new and redeveloping residential areas.
Chapter 6 – Housing
Objective 1.4 Recognize the role of housing in economic 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 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 these
zoning districts. 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.
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. The existing infrastructure and services to the site will continue to serve the existing
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buildings and uses. 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 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.
Neutral. The regulatory standards set forth in the City of Bozeman UDC for the requested R-
4 zoning district provides the necessary provisions (i.e., yard setbacks, lot coverage limits,
open space and building height limits), provide for adequate light and air for any proposed
development on the subject property. In addition the subject property is sandwiched between
Rose Park to the south and west and open space to the south and east.
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 higher density potential of R-4 zoned property. However,
Tschache Lane has sufficient capacity to accommodate additional traffic loads. Scheduled
improvements to 27th Avenue to the west of the subject property will further mitigate
potential impacts to the transportation system. Finally, 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 existing zoning classification of R-3 has a minimum density of five dwelling units
per net acres. The proposed R-4 minimum density is eight dwellings units per net acre or an
increase of 3 dwelling units per net acre. As noted above the properties north of Tschache
lane are zoned R-4 and the surrounding land is slated for parkland and open space. The
underlying Growth Policy designation is Residential. 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. Therefore, this criterion is met.
H. Character of the district.
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Yes. Although the immediate vicinity is undeveloped the proximity to significant
commercial nodes, transportation corridors and significant park and open space lands
suggests this will be a critical component to the residential needs of the City of Bozeman.
Residential uses will dominate the immediate vicinity. An additional R-4 zone was recently
reviewed and approved just to the west of the subject property as noted on the current zoning
map in this report. Parklands and open space are adjacent to the property allowing access to
recreational facilities. Commercial centers are in close proximity although are buffered by
trails and open space.
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 residential uses. The property is near
commercial areas, parks, and open pace and the street network has adequate vehicular
capacity. The change proposed to this zoning district would not substantially alter the
suitability of this property to accommodate further intensification of residential development.
J. Conserving the value of buildings.
Neutral. Currently there are no buildings on the subject property, on the adjacent properties
or directly across Tschache Lane. This area is a transition between commercial activities and
less dense residential development. The extension of R-4 zoning across Tschache Lane to
encapsulate this property would not be detrimental to the building values.
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.
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APPENDIX A –AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation and Land Uses:
R-3, 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.”
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.”
Adopted Growth Policy Designation:
The growth policy designation for the amendment area and the surrounding area is Residential
Use which is defined as: This category designates places where the primary activity is urban
density dwellings. Other uses which complement residences are also acceptable such as parks,
low intensity home based occupations, fire stations, churches, and schools. High density
residential areas should be established in close proximity to commercial centers to facilitate the
provision of services and employment opportunities to persons without requiring the use of an
automobile. Implementation of this category by residential zoning should provide for and
coordinate intensive residential uses in proximity to commercial centers. The residential
designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
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Table C-16 Zoning Correlation with Land Use Categories – Indicates that B-2 zoning is one
of the zoning districts envisioned for the “Community Commercial Mixed Use” 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. The primary differences between the R-3
and R-4 District are Apartments, as defined by this chapter, and limited office related
activities are permitted uses.
Section 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.
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Table 38.08.020
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Accessory dwelling units8, 9 C C P P P P —
Agricultural uses on 2.5 acres or more2 P — — — — — —
Agricultural uses on less than 2.5 acres2 C — — — — — —
Apartments/apartment building, as defined
in article 42 of this chapter
— — — — P P —
Bed and breakfast C C C C P P —
Commercial stable C — — — — — —
Community centers C C C C C P C
Community residential facilities with eight
or fewer residents
P P P P P P P
Community residential facilities serving
nine or more residents
— — — C P P —
Cooperative housing C C C P P P C
Day care centers C C C P P P C
Essential services Type I A A A A A A A
Essential services Type II P P P P P P P
Essential services Type III C10 C10 C10 C10 C10 C10 C10
Extended stay lodgings C C C P P P —
Family day care home P P P P P P P
Fences A A A A A A A
Fraternity and sorority houses — — — C P P —
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Golf courses C C C — — — C
Greenhouses A A A A A A —
Group day care home P P P P P P P
Group living P P P P P P P
Guesthouses A A A A A A —
Home-based businesses5 A/C A/C A/C A/C A/C A/C A/C
Lodginghouses — — — C P P —
Offices — — — — C3 P —
Other buildings and structures typically
accessory to authorized uses
A A A A A A A
Private garages A A A A A A A
Private or jointly owned recreational
facilities
A A A A A A A
Private stormwater control facilities A A A A A A A
Private vehicle and boat storage A A A A A A A/C4
Public and private parks P P P P P P P
Manufactured homes on permanent
foundations1
P P P P P P P
Manufactured home communities — — — — — — P
Medical offices, clinics, and centers — — — — C P —
Recreational vehicle parks C — — — — — P
Signs, subject to article 28 of this chapter A A A A A A A
Single-household dwelling P P P P P P P
Temporary buildings and yards incidental A A A A A A A
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to construction work
Temporary sales and office buildings A A A A A A A
Three- or four-household dwelling — — — P P P —
Two-household dwelling — — P P P P —
Townhouses (two attached units) P7 P7 P P P P P7
Townhouses (five attached units or less) — — — P6 P P —
Townhouses (more than five attached
units)
— — — — P P —
Tool sheds for storage of domestic
supplies
A A A A A A A
Uses approved as part of a PUD per article
20 of this chapter
C C C C C C C
Veterinary uses C — — — — — —
Notes:
1 Manufactured homes are subject to the standards of section 38.22.130.
2 Agricultural 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.
3 Only when in conjunction with dwellings.
4 Storage for more than three recreational vehicles or boats.
5 Home-based businesses are subject to the terms and thresholds of section 38.22.110.
6 In the R-3 district, townhouse groups shall not exceed 120 feet in total width.
7 In 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.
8 Not permitted on reduced size lots for work force housing as described in chapter 10, article 8.
9 Accessory 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.
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10 Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Project Description: A request to rezone approximately 3.07-acres from R-3 (Residential
Medium Density District) to R-4 (Residential High Density District) as allowed by Article 38.37
of the Bozeman Municipal Code. The proposed change will allow greater density to the subject
property and as listed in Appendix A. The R-4 District permits apartment buildings as defined
by this code to be constructed.
Project Background: The applicant proposes this Zone Map Amendment (ZMA) to adjust
several existing zoning districts for vacant and developed property. Originally platted in late
2006 the property has remained undeveloped. The property owner recently submitted an
informal review application contemplating a number of apartments on the property. Apartments
are not permitted within an R-3 district. To create a developable parcel this zone map
amendment was submitted.
APPENDIX C – NOTICING AND PUBLIC COMMENT
No public comments have been received to date. Noticing was posted on site on November 14,
2014, published in the Bozeman Daily Chronicle on November 16 and December 21, 20144, 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 Commission public hearing on
November 2, 2014 and the City Commission public hearing is scheduled for January 5, 2015.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicants: Black Dirt, LLC, 1871 South 22nd, Suite A, Bozeman, T 59715
Representative: Van K. Bryan, Van Bryan Studio Architects, 21 W Babcock, Bozeman, MT
59715
Report By: Tom Rogers, 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
Zoning Commission minutes
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Tschache Lane Apartments
Zone Map Amendment Application
Zoning Provisions Criteria
Is the new zoning designed in accordance with the growth policy?
The change in zoning from R3 to R4 will be in concert with the Bozeman’s Growth
Policy. Located adjacent to North 19th Ave, a major shopping district with in the city of
Bozeman, the site will allow for decreased vehicular travel to retail, restaurant, park and
recreational areas. The site will also efficiently utilize existing city utility infrastructure
lines and capacity.
Will the new zoning secure safety from fire and other dangers?
The site is surrounded by park land on 3 sides and fronts a city street on the remaining
side. A change in zoning from R3 to R4 will not have an negative impact on adjacent
properties and increase fire or other dangers.
Will the new zoning promote public health, public safety and general welfare?
The potential increase in density allowed in a change to R4 will have a direct benefit for
the developments end users; by decreasing the need for vehicular travel, increasing
pedestrian accessibility to retail and commercial locations, increase utilization of adjacent
to regional parks and recreation areas.
Will the new zoning facilitate the adequate provisions of transportation, water,
sewerage, schools, parks and other public requirements?
The development will efficiently utilize all current components of the city’s
infrastructure. With adjacency to local, collector and arterial transportation routes,
adjacency to city utility mains, and finally adjacency to parks and recreational areas on
three sides of the site.
Will the new zoning provide reasonable provisions of adequate light and air?
With no development surrounding the site and an allowed potential increase in density,
the site will allow for a decrease in building footprint and increase site utilization which
will ultimately increase open space on site, light and air.
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Will the new zoning have an effect on the motorized and non-motorized
transportation systems?
With an immediate adjacency to North 19th Ave, the Stone Ridge Square Shopping
Center and other large commercial developments the site will allow for increase
pedestrian traffic. High vehicular use has been designed into the surrounding
transportation routes due to the commercial nature of the surrounding developments.
Does the new zoning promote compatible Urban Growth?
A change to R4 will allow the development to increase density while decreasing the net
impact on the site, promoting a more urban vernacular.
Does the new zoning promote the character of the district?
The design aesthetic of the current district is primarily commercial in nature due to the
building type requirements. The proposed development will envision stylistic similarities
which will feature larger singular massing and proportions.
Does the new zoning address the affected area’s peculiar suitability for particular
users?
The change in zoning will have little to no effect on the surrounding area; the site has
large open space on three sides.
Was the new zoning adopted with a view to conserving the value of buildings?
No, there are no current buildings on the site.
Does the new zoning encourage the most appropriate use oft he land throughout the
jurisdictional area?
Yes, with large areas of surrounding open space and adjacency to large commercial and
retail venues, the site is perfectly suited for a change to R4 and a potential increase in
density.
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