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Home My WebLink Aboutzoning commission packet3Page 1 of 15 16051, Staff Report for the Zone Map Amendment (ZMA) for S. 19th / College Intersection. Public Hearing Dates: Zoning Commission (Public Hearing): June 7th, 2016 at 6:00pm in the City Commission room, City Hall, 121 North Rouse. City Commission Meeting (Public Hearing): June 27th, 2016 at 6:00pm in the City Commission room, City Hall, 121 North Rouse. Project Description: A zone map amendment to revise the zoning map from R-4 (Residential High Density) to R-O (Residential-Office) on 0.91 acres. Project Location: The property is addressed at 1905 W. College St. and is legally described as MOUNTAIN VISTA SUB, S11, T02 S, R05 E, Lot 1, LESS HWRW, City of Bozeman, Gallatin County, Montana. Zoning Commission Recommended Motion: Having reviewed and considered the application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report and recommend approval of the zone map amendment application 16051 with contingencies. Report Date: May 16, 2016 Staff Contact: Mayana Rice, Associate Planner Shawn Kotz, Engineer Agenda Item Type: Action- Legislative EXECUTIVE SUMMARY Unresolved Issues No unresolved issues have been identified at this time. Project Summary The application seeks to revise the zoning map from R-4 (Residential High Density) to R- O (Residential-Office) on 0.91 acres. The change is dependent on the approval of the change to the Future Land Use Designation from Residential to Business Park Mixed Use. The changes are both preparatory for the applicant’s desire to ultimately construct a business office space. These lots were created with the platting of the Mountain Vista Subdivision. No public comment has been received. 16051, Staff Report for the Zone Map Amendment for S. 19th Ave / W. College Street Intersection Page 2 of 15 Alternatives 1) Adopt the amendment as requested. 2) Deny the amendment. TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................................ 1 Unresolved Issues ................................................................................................................................... 1 Project Summary..................................................................................................................................... 1 Alternatives ............................................................................................................................................... 2 SECTION 1 - MAP SERIES ............................................................................................................................ 3 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ........................................................ 5 SECTION 3 - RECOMMENDATIONS 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 - PROJECT SITE ZONING AND GROWTH POLICY ................................................... 9 16051, Staff Report for the Zone Map Amendment for S. 19th Ave / W. College Street Intersection Page 3 of 15 SECTION 1 - MAP SERIES 16051, Staff Report for the Zone Map Amendment for S. 19th Ave / W. College Street Intersection Page 4 of 15 16051, Staff Report for the Zone Map Amendment for S. 19th Ave / W. College Street Intersection Page 5 of 15 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL If the City Commission approves the application the following contingencies are recommended. Please note that these contingencies are necessary for the City to complete the processing of the proposed amendment. Recommended Conditions of Approval: 1. That all documents and exhibits necessary shall be identified as the “1905 W. College St. Zone Map Amendment”. 2. That the applicant submit a zone amendment map, titled “1905 W. College St. Zone Map Amendment”, on a 24” by 36” mylar, an 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 - RECOMMENDATIONS AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the recommendation is for approval. The Development Review Committee (DRC) considered the amendment on May 18, 2016. 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 June 7, 2016, 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 City Commission will hold a public hearing on the ZMA on June 27, 2016. 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. 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. 16051, Staff Report for the Zone Map Amendment for S. 19th Ave / W. College Street Intersection Page 6 of 15 Yes. The site is proposed to be amended from Residential to Business Park Mixed Use. Table C-16 of the growth policy shows R-O as an implementing district of the Business Park Mixed Use designation. The Table of authorized zoning uses within the R-O District is also provided in Appendix A. The Business Park Mixed Use designation of the Bozeman Community Plan states that, “This classification provides for employment areas with a variety of land uses typified by office uses and technology-oriented light industrial uses. Civic uses may also be included. Retail, residential, services, or industrial uses may also be included in an accessory or local service role.” Supportive examples of applicable goals and objectives of the Bozeman Community Plan for this application include: Chapter 2 – Addressing Growth and Change Objective G-2.2 Strive to maintain a balanced supply of land for the variety of uses necessary to support a vigorous city. Chapter 3 - Land Use Objective LU-2.3 Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into a pattern more supportive of the principles supported by commercial centers. 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. Chapter 8 Economic Development Objective ED-2.4 Foster a diverse economy that will protect the economic climate for existing businesses and maintain opportunities for business expansion. Objective ED-2.9: Create a more collaborative and effective working partnership between the business community and the City of Bozeman and effectively manage the City of Bozeman’s regulatory environment to accomplish goals without hindering business expansion and economic growth. 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. 16051, Staff Report for the Zone Map Amendment for S. 19th Ave / W. College Street Intersection Page 7 of 15 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-O (Residential Office) zoning designation requested is consistent with the Business Park Mixed Use land use designation and the Growth Policy. B. Secure safety from fire and other dangers. Yes. The same standards for emergency access, fire protection, and related issues apply to any of the zoning districts. C. Promote public health, public safety, and general welfare. Yes. As discussed in Criterion B, there are many standards which apply equally to the City’s residential and commercial 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 facilities is required because of this change in zoning. The City’s development standards require mitigation of site impacts to infrastructure and therefore this criterion is met. 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. Yes. The R-O, Residential Business District has been evaluated against this criterion during the legislative adoption of the district. It has been determined that the district complies. The regularity standards set forth in the Bozeman Municipal code for the requested R-O zoning district provided the necessary provision (i.e., yard setbacks, lot coverage, open space and building heights), which are intended to provide for adequate light and air for any development of the subject property. F. The effect on motorized and non-motorized transportation systems. 16051, Staff Report for the Zone Map Amendment for S. 19th Ave / W. College Street Intersection Page 8 of 15 Yes. The R-O zoning designation should not have a substantial effect on existing or future motorized or non-motorized transportation systems. Any increase in traffic levels will be mitigated or addressed as part of the development review process for the property. G. Promotion of compatible urban growth. Yes. This area is at the intersection of S. 19th Ave and W College Street. As both of these streets are primary arterials, there will be access for the property. The proposed zoning district will allow a continued urban growth pattern previously deemed compatible and appropriate for this area. Therefore, this criterion is met. H. Character of the district. Yes. R-O uses are established in the adjacent properties creating an area that is commercial in nature and this zoning will reinforce this character. 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 development review process will enable the evaluation of any peculiar impacts of proposed development and mitigation as needed. I. Peculiar suitability for particular uses. Yes. The site has been determined appropriate for R-O uses. The proposed zone map amendment would not substantially alter the suitability of this property to accommodate further intensification of residential or business. J. Conserving the value of buildings. Yes. R-O designation is consistent with the use in the area. The proposed zoned map amendment conserves the current value and is not detrimental to the value of the adjacent properties. 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 R-O 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 16051, Staff Report for the Zone Map Amendment for S. 19th Ave / W. College Street Intersection Page 9 of 15 FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-4 (Residential High Density). The Applicant is proposing to change the zoning of this property to R-O (Residential-Office) for administrative and professional use. This request will be reviewed if the commission approves the GPA. Adopted Growth Policy Designation: The following designations are applicable to this application. Proposed – Business Park Mixed Use. The Plan indicates that “This classification provides for employment areas with a variety of land uses typified by office uses and technology-oriented light industrial uses. Civic uses may also be included. Retail, residential, services, or industrial uses may also be included in an accessory or local service role. Accessory uses should occupy 20% or less of the planned Business Park Mixed Use areas. These areas are often a buffer between uses, and the scale and intensity should be carefully considered to ensure compatibility with adjacent developments. The developments should provide integrated open spaces, plazas, and pedestrian pathways to facilitate circulation and a pleasant environment. Uses may be mixed both vertically and horizontally with vertically mixed uses being encouraged. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height or other transitions should be provided to be compatible with adjacent development.” Table C-16 Zoning Correlation with Land Use Categories – Indicates that R-O zoning is one of the zoning districted envisioned for the “Business Park Mixed Use” Growth Policy Designation. 16051, Staff Report for the Zone Map Amendment for S. 19th Ave / W. College Street Intersection Page 10 of 15 Following is the Table of R-O Uses from the Bozeman Municipal Code which indicates the permitted land uses within the R-O zoning district. Sec. 38.08.020. - Authorized uses. A. Uses in the various residential districts are depicted in Table 38.08.020 in subsection C of this section. Principal uses are indicated with a "P," conditional uses are indicated with a "C," accessory uses are indicated with an "A" and uses which are not permitted with the district are indicated by a "-." B. Additional uses for telecommunication uses are contained in article 29 of this chapter. C. The uses listed are deliberately broad and some are given special definitions in article 42 of this chapter. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in article 22 of this chapter. Table 38.08.020 Table of Residential Uses Authorized Uses 16051, Staff Report for the Zone Map Amendment for S. 19th Ave / W. College Street Intersection Page 11 of 15 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 16051, Staff Report for the Zone Map Amendment for S. 19th Ave / W. College Street Intersection Page 12 of 15 Fences A A A A A A A Fraternity and sorority houses — — — C P P — 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 — — — — — — P 16051, Staff Report for the Zone Map Amendment for S. 19th Ave / W. College Street Intersection Page 13 of 15 communities 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 to construction work A A A A A A A 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: 16051, Staff Report for the Zone Map Amendment for S. 19th Ave / W. College Street Intersection Page 14 of 15 1Manufactured homes are subject to the standards of section 38.22.130. 2Agricultural uses include barns and animal shelters, and the keeping of animals and fowl, together with their dependent young, as hereinafter set forth per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For larger parcels the review authority may determine that a larger number of livestock is consistent with the requirements of this section. 3Only when in conjunction with dwellings. 4Storage for more than three recreational vehicles or boats. 5Home-based businesses are subject to the terms and thresholds of section 38.22.110. 6In the R-3 district, townhouse groups shall not exceed 120 feet in total width. 7In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of chapter 38, article 43, Affordable Housing. May only be utilized in developments subject to chapter 38, article 43. 8Not permitted on reduced size lots for work force housing as described in chapter 38, article 43. 9Accessory dwelling units in the RS and R1 districts shall be permitted to be placed above garages only in subdivisions receiving preliminary plat approval after January 1, 1997. 10Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. (Ord. No. 1645, § 18.16.020, 8-15-2005; Ord. No. 1693, § 4(18.16.020), 2-20-2007; Ord. No. 1709, § 2(18.16.020), 7-16-2007; Ord. No. 1761, exh. A (18.16.020), 7-6-2009; Ord. No. 1769, exh. E(18.16.020), 12-28-2009; Ord. No. 1828, § 9, 9-10-2012; Ord. No. 1838, §§ 1, 2, 9-10-2012; Ord. No. 1830, § 6, 9-24-2012; Ord. No. 1893, § 5, 8-11-2014; Ord. No. 1930, § 1, 1-3-2016) APPENDIX B – NOTICING AND PUBLIC COMMENT Notice of the public hearings before the Planning Board and City Commission was given by first class US mail to all property owners within 200 feet of the site. The site was posted with a copy of the notice. The notice was also published in the Bozeman Daily Chronicle at least 15 days and not more than 45 days prior to the public hearings. APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: LPF, LLC 2452 Farrier Ave., Bozeman, MT 59718 Applicant: Pearson Design Group, Inc., 103 N. Broadway Ave., Bozeman, MT 59715 Representative: Bridger Engineers, Inc., 2150 Analysis Drive, Ste. B, Bozeman, MT 59718 Report By: Mayana Rice, Associate Planner FISCAL EFFECTS 16051, Staff Report for the Zone Map Amendment for S. 19th Ave / W. College Street Intersection Page 15 of 15 No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this growth policy 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 Public Comment to date