HomeMy WebLinkAboutA5. Amend Bozeman HealthPage 1 of 11
15487 Staff Report for the Bozeman Health Zone Map Amendment
UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS
PRESENTATION TO THE ZONING COMMISSION ARE SHOWN IN RED.
Public Hearing Date: Zoning Commission is on November 17, 2015.
City Commission is on December 14, 2015
Project Description: Application 15487, requesting amendment of the City zoning map on
34.428 acres from BP (Business Park) to B-2 (Community Business).
Project Location: 915 Highland Blvd
Recommendation: Approval with contingencies
Recommended Motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 15487 and move to approve the Bozeman Health
Zone Map Amendment with contingencies required to complete the application processing.
Report Date: November 12, 2015
Staff Contact: Chris Saunders, Policy and Planning Manager
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None.
Project Summary
The property has been zoned as Business Park since 1990. The future land use designation
for the property was changed to Community Commercial with the 2001 growth policy
update, and to Regional Commercial and Services with the 2009 update. The B-2 zone is a
better fit for this future land use designation than is Business Park. The use of the property
for medical offices and hospital use is acceptable under either zone. The B-2 zone provides
additional flexibility for the use of the property.
Staff finds that the review criteria are either met favorably or are neutral. No negative
findings were made.
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Alternatives
1) Approval of the application as submitted. Contingency two was amended to include a date
by which the required materials must be submitted to the City.
2) Denial of the application after making findings of non-compliance with required criteria.
3) Continuation of the item with request for additional information from the applicant or
staff.
Zoning Commission
The Zoning Commission met on November 17, 2015 and unanimously recommended
favorably on the amendment. There was no public comment. The video of the meeting is
available at http://media.avcaptureall.com/session.html?sessionid=b254543e-01b4-423d-
9960-f0fddac24a20. The portion of the meeting applicable to this project begins at
approximately 20:30 minutes into the recording.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
UNRESOLVED ISSUES ................................................................................................................... 1
PROJECT SUMMARY ..................................................................................................................... 1
ALTERNATIVES ............................................................................................................................ 2
SECTION 1 – MAP SERIES .......................................................................................................... 3
SECTION 2- RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT............ 6
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 6
ZONE MAP AMENDMENT ............................................................................................................. 6
SECTION 4 – ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .................. 7
PROTEST NOTICE FOR ZONING AMENDMENTS ................................................................. 8
APPENDIX A – NOTICING AND PUBLIC COMMENT ........................................................... 9
APPENDIX B – PROJECT GROWTH POLICY AND PROPOSED ZONING ........................... 9
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF .................................. 10
FISCAL EFFECTS ....................................................................................................................... 10
ATTACHMENTS ......................................................................................................................... 11
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SECTION 1 – MAP SERIES
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Future Land Use Map, Figure 3-1, Bozeman Community Plan
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Current Land Use Map
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SECTION 2- RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
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 shall be identified as the “Bozeman Health Zone
Map Amendment”.
2. That the applicant submit a zone amendment map, titled “Bozeman Health 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. The required map and metes and bounds description shall be
submitted within 60 calendar days of the City Commission’s action on this
application.
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
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted in conjunction with the Annexation request.
The Development Review Committee (DRC) considered the amendment on October 21,
2015. 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 November 17, 2015 and
will forward a recommendation to the Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the zone map amendment on December
14, 2015. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will
begin at 6 p.m.
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SECTION 4 – ZONE MAP AMENDMENT 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 property is designated as Regional Commercial and Services on the future land use
map. The requested B-2 zone is an implementing district for that designation. See Appendix
B for further information on the designation and zoning conformance. No conflicts with the
goals and objectives of the plan have been identified.
B. Secure safety from fire and other dangers.
Neutral. The site is presently developed. The site has access to emergency services. The
change in zoning will not affect response times. The site appears to meet the standards of the
B-2 zone which have been found adequate to meet this criterion.
C. Promote public health, public safety, and general welfare.
Neutral. The B-2 zone standards have been found adequate to meet this criterion. The
changes will not cause deficiencies in public infrastructure. The site is developed as a
hospital. Change in the zoning district will not restrict hospital operations.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Neutral. The site is already provided with all municipal services. Change in the zoning
designation from BP to B-2 will not alter that. Any future development proposals will be
evaluated for adequacy of service for additional intensity of use.
E. Reasonable provision of adequate light and air.
Neutral. The B-2 district has been found adequate in this criterion. The required setbacks
and lot coverage limits will be adequate to this issue. The existing development on the site
will meet B-2 standards.
F. The effect on motorized and non-motorized transportation systems.
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Neutral. The site is presently developed. Highland Boulevard along the eastern edge of the
property is a principal arterial. A pedestrian path already exists along Highland Blvd.
Additional capacity can be added to Highland Blvd through widening if needed. The existing
configuration of the roadway is adequate to the site. There is no material effect expected
from this site.
G. Promotion of compatible urban growth.
Yes. The adjacent area to the east is B-2. The areas to the west and south are primarily a mix
of Residential Office and Public Lands and Institutions. The area to the north is Public Lands
and Institutions and is cemetery property. The site is already developed with hospital and
medical office uses. The B-2 district uses are not in conflict with any of the adjacent districts.
This site is well inside City boundaries so there will be no impacts on unannexed properties.
H. Character of the district.
Neutral. The site is already developed. No changes are proposed. The character of the district
should remain as is at present.
I. Peculiar suitability for particular uses.
Neutral. The site has existing development. The B-2 district allows the same use as is
presently in place. The site is a typical residential property. The zoning matches the existing
uses so no material change is expected.
J. Conserving the value of buildings.
Yes. The proposed B-2 zoning will support the continued use of the existing buildings. No
adjacent buildings will be negatively impacted by the change as the majority of adjacent
property is not presently developed.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The use of the site is already established. No change is expected from the change in
zoning to B-2. The change brings the zoning into conformance with the future land use
designation from the growth policy.
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 – NOTICING AND PUBLIC COMMENT
The site was posted with a public notice, a public notice of the public hearings was published
in the Bozeman Daily Chronicle, and a public notice was mailed to landowners within 200
feet of the site. Notice was provided at least 15 and not more than 45 days prior to the Zoning
Commission and City Commission public hearing. No public comment has been received as
of the writing of this report. Any received public comment will be provided prior to or at the
public hearing.
APPENDIX B – PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Regional Commercial and Services” in the Bozeman
Community Plan. The Plan indicates that:
Bozeman is a retail, education, health services, public administration, and tourism hub and
provides opportunities for these activities for a multi-county region. Often the scale of these
services is larger than would be required for Bozeman alone. Because of the draw from
outside Bozeman, it is necessary that these types of facilities be located in proximity to
significant transportation routes. Since these are large and prominent facilities within the
community and region, it is appropriate that design guidelines be established to ensure
compatibility with the remainder of the community. Opportunity for a mix of uses which
encourages a robust and broad activity level is to be provided. Residential space should not
be a primary use and should only be included as an accessory use above the first floor. Any
development within this category should have a well integrated transportation and open space
network which encourages pedestrian activity, and provides ready access within and to
adjacent development. 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.
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Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of “B-2” (Community Business District). 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.
Hospitals and medical offices are principal uses in the B-2 District, Article 38.10, BMC. A
full listing of allowed B-2 uses is contained in Section 38.10.020, BMC.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owners: Bozeman Health, 915 Highland Blvd, Bozeman MT 59715
Applicant: KLJ, 1982 Stadium Dr. Ste 3, 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
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October 6, 2015
City of Bozeman
Department of Community Development
20 East Olive
Bozeman, MT 59715
Re: Bozeman Health Zone Map Amendment
Please accept this Zoning Map Amendment (ZMA) application for the Bozeman Deaconess
Hospital property. The site is currently zoned BP, and is proposed to be rezoned B-2.
Currently, no proposed developments are planned for this site. The rezone is merely an
exercise in house-keeping to best match the current use of the hospital to the proper zoning
designation.
This rezone is not being required by the City of Bozeman. The rezone to B-2 will allow greater
flexibility and better conformance to the zoning standards for hospital use with future
development and parking at the site.
We are requesting that this application be scheduled for the week of October 19th (DRC for
October 21st) so that the applicant and owner can attend the meeting.
If you have any questions regarding this application please feel free to contact me at
406.548.5667 or john.how@kljeng.com
Sincerely,
KLJ
John How, AICP
Office Manager
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Zone Map Amendment Criteria
A. Is the new zoning designed in accordance with the growth policy? How?
The City’s Growth Policy currently designates this property as Regional Commercial and
Services. The change from B-P to B-2 will better match the existing use to the
proposed zoning by allowing greater surface parking and future expansion. By rezoning
to B-2 the hospital will become more in line with the adopted zoning standards. No
changes in use are being proposed for the site.
B. Will the new zoning secure safety from fire and other dangers? How?
The B-2 zoning will have no impact from fire and other dangers. The use for the site
will continue to operate as hospital. The change to B-2 will allow for greater flexibility
in parking and site layout which will allow for safer ingress and egress into the site.
C. Will the new zoning promote public health, public safety, and general welfare? How?
The site has operated as a hospital since its original development. The change to B-2
will allow for greater flexibility in parking and site layout as the hospital continues to
evolve to meet the needs of Bozeman and the surrounding area.
D. Will the new zoning facilitate the adequate provision of transportation, water,
sewage, schools, parks, and other public requirements? How?
The B-2 zoning will bring the site more into conformance with the current zoning code.
This will help facilitate the adequate provision of transportation, water, sewage,
schools, parks, and other public requirements upon future development at the site.
E. With the new zoning provide reasonable provision of adequate light and air? How?
By bringing the site into better conformance of the zoning code the site will provide
reasonable provision of adequate light and air.
F. Will the new zoning have an effect on motorized and non-motorized transportation
systems? How?
No effect is expected on motorized or non-motorized transportation systems with this
rezone. Rezoning from B-P to B-2 does not pose any significant impact to the current
or future transportation system.
G. Does the new zoning promote compatible urban growth? How?
The Bozeman zoning code currently identifies hospitals as a principal use for B-2
zoning. The site has operated as a hospital from the beginning. This zoning change will
bring more clarity to the site as Bozeman Health continues to evolve in order to
provide services to Bozeman and the surrounding area.
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H. Does the new zoning promote the character of the district? How?
The new zoning will confirm to the surrounding area and the current use of the site. All
the properties in the surrounding area are zoned B-2, PLI, and R-O. The uses range
from agricultural, assisted living, hospital and cemetery.
I. Does the new zoning address the affected area’s peculiar suitability for particular
uses? How?
The existing facilities and infrastructure are currently in place to service this use.
Bozeman zoning code currently identifies hospitals as a principal use for B-2 zoning.
J. Was the new zoning adopted with a view to conserving the values of buildings?
How?
Yes, the proposed B-2 zoning will provide clarity and assurance for future development
will continue in a consistent manner with the adjoining and surrounding properties.
K. Does the new zoning encourage the most appropriate use of land throughout the
jurisdictional area?
Yes, the proposed B-2 zoning will be consistent with the adjacent land uses. Bozeman
zoning code currently identifies hospitals as a principal use for B-2 zoning.
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