HomeMy WebLinkAbout1811 West Koch St ZMA Narrative 03-11-20201811 WEST KOCH STREET Zone Map Amendment
March 2020
2 March 2020
ZMA: 1811 WEST KOCH STREET
Table of Contents
1. Application Forms & Fees…….………………………………………………………..3
(Applications included in Appendix B - ZMA, A1, & N1)
2. Project Team……………………………………………………………………..……...4
3. Narrative
I. Project Overview…………………...……………………………………………....5
II. Relevant Project History…………………...……………………………………...6
III. Response to Zone Map Amendment Approval Criteria……...……………...…6
IV. Response to Spot Zoning Criteria………………………………………………12
Appendices
Appendix A: Legal Description
Appendix B: Application Forms
Appendix C: Exhibits
Exhibit A.1: Vicinity Map
Exhibit A.2: Vicinity Map Zoom
Exhibit A.3: Site Survey
Exhibit B.1: Current Zoning Map
Exhibit C.1: Current Future Land Use Map
Exhibit D.1: Proposed Zoning Map
Exhibit E.1: Planning Board Public Comment Packet
3 March 2020
ZMA: 1811 WEST KOCH STREET
Section 1: Application Forms & Fees
Attached please find the A1, ZMA, and N1 forms for the 1811 West Koch
Street Zone Map Amendment (ZMA) application. The calculated fee totals
$2,018.20 as outlined below, and is calculated based upon the gross site
area (not inclusive of Rights of Way) impacted by the proposed ZMA
application.
COMPONENT FEE QUANTITY TOTAL
ZMA Base Fee $1,995.00 1 $1,995.00
Scaled Fee per Acre $58 .40 $3.20
TOTAL $ 2,018.20
4 March 2020
ZMA: 1811 WEST KOCH STREET
Section 2: Project Team
APPLICANT 414 Holdings LLC
Christian James
1716 W. Babcock Street
Bozeman, MT 59715
p. 406-646-6789
PROJECT CONSULTANTS
Planning Intrinsik Architecture, Inc.
Attn: Ryan Krueger, AICP
111 N. Tracy Avenue
Bozeman, MT 59715
p. 406.582.8988
Surveying TD & H Engineering
234 East Babcock Street, Suite 3
Bozeman, MT 59715
p. 406.586.0277
5 March 2020
ZMA: 1811 WEST KOCH STREET
Section 3: Narrative
I. Project Overview
The subject property consists of .402 gross acres (not inclusive of
Rights of Way impacted by the ZMA), is within the Bozeman city limits,
and is located at the northeast corner of the intersection of South 19th
Avenue and West Koch Street. The site is currently developed with a
one-story office building (3,616 square feet), constructed in 1984, and
eighteen parking spaces for the site. The property is currently zoned
Residential Medium Density District (R-3), and the current (and original)
use of this site as an office space has been determined to be lawful
nonconforming use within the R-3 zone. Given its use, location, and
proximity to other, professional offices and businesses as well as
medium density residential development, this property is a practical
location for the proposed zone change to the more appropriate zoning
designation of Residential-Office District (R-O) as described through
this application.
The property is designated as Residential in the current Future Land Use
Map (FLUM) outlined in the effective Bozeman Community Plan (2009),
which allows R-O zoning districts within this Plan Category. The project
site is bordered by both a collector (West Koch Street) and a principal
arterial (South 19th Ave), providing the site with a highly visible and
accessible location. There are a litany of existing commercial
developments adjacent to south and west, across West Koch Street and
South 19th Avenue respectively. These developments are predominately
offices for a variety of commercial users and are zoned R-O.
The intent of R-O Zoning Districts is to provide for and encourage the
development of multi-household and apartment development, and
compatible professional offices and businesses that would blend well
with adjacent land uses. Use of this zone is appropriate for areas
characterized by offices along arterial corridors. Due to the existing
conditions on and adjacent to this parcel, a change in zoning to R-O is
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ZMA: 1811 WEST KOCH STREET
therefore an appropriate exercise of the City’s rezoning authority that
does not constitute a spot zone. An amendment to R-O zoning in this
area will foster the intent and purpose of the proposed zone, as well as
allow for the existing development to conform to the use standards
elucidated within the UDC.
II. Relevant Project History
The project site has been occupied as an office since the building was
constructed in 1984. The offices have been occupied by for profit and
non-profit entities up until recently. New tenants have moved into the
site, intending to continue the use of the site as professional offices.
These tenants have been seeking to place signage at this site, and have
been stymied by the fact that the office use is a legally non -conforming
use within the existing residential zoning district, where the placement of
signage is highly regulated. Rezoning the property as R-O therefore not
only represents a request to reflect what is there and in concert with the
character of the surrounding area, but also offers these tenants the
opportunity to place signage typical for this use. The project site is
currently in significant compliance with the use, and form and intensity
standards for the R-O zone, including parking, setbacks, lot size and
width, and building height.
III. Responses to ZMA Approval Criteria
Below are responses to the ZMA approval criteria (Section 76 -2-304,
MCA) that address how the project relates to and meets the criteria
outlined for the approval of a zone change.
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ZMA: 1811 WEST KOCH STREET
A. Is the new zoning designed in accordance with the growth
policy?
This criterion has been met. The zone amendment to R-O zoning is
in compliance with the growth policy. The future land use designation
for this area is currently Residential. Table C-16 of the Plan shows the
implementing zoning districts for the current future land use
categories. Both R-3 and R-O zoning districts are implementing
districts for the Residential plan category.
The site is in a developed area in proximity to existing residential
areas and professional office parks, therefore eliminating further
sprawl at the city’s edges. While the site has an existing office use,
the reclassification of the site as R-O zoning would add additional
lawfully conforming area to the adjacent commercial “centers”. This
concentration of commercial development and professional offices
along an existing arterial roadway offers opportunities for non -
motorized transit to and from this “center”.
The use of the onsite building for a professional office is compatible
City of Bozeman Future Land Use Designation (See also Exhibit B)
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ZMA: 1811 WEST KOCH STREET
with the existing street network and adjacent uses. Moreover, the
single-story building is appropriately sized for the surrounding
residential and commercial neighborhood context. The use of the
offices will aid an existing business in expanding its ability to
contribute to the development of Bozeman as an economic center.
The rationale described above for rezoning the parcel to R -O zoning
therefore advances numerous Plan policy goals and objectives:
Land Use Goal - 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.
Land Use Goal - 2: Designate centers for commercial development
rather than corridors to encourage cohesive neighborhood
development in conjunction with non-motorized transportation options.
Community Quality Goal - 1: Human Scale and Compatibility -
Create a community composed of neighborhoods designed for the
human scale and compatibility in which the streets and buildings are
properly sized within their context, services and amenities are
convenient, visually pleasing, and properly integrated.
Community Quality Objective - 1.3: Support compatible infill within
the existing area of the City rather than developing land requiring
expansion of the City’s area.
Economic Development Goal - 1: Promote and encourage the
continued development of Bozeman as a vital economic center.
Economic Development Objective - 1.1: Support business creation,
retention, and expansion. Emphasize small businesses, ‘green’
businesses, and e-businesses.
Economic Development Objective - 2.4: Foster a diverse economy
that will protect the economic climate for existing businesses and
maintain opportunities for business expansion.
Economic Development Objective - 2.6: Maintain a strong financial
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ZMA: 1811 WEST KOCH STREET
position for the City of Bozeman.
B. Will the new zoning secure safety from fire and other dangers?
This criterion has been met. The subject property is currently
located within the jurisdiction of the City of Bozeman Fire and Police
Departments, and the service area of numerous medical response
entities. Additionally, the subject site is located a stone ’s throw from
the Law & Justice Center and Fire Station #2. The site was previously
developed according to the relevant municipal and building standards.
The change to R-O zoning will not have an adverse impact on the
site’s safety from fire and other dangers.
C. Will the new zoning promote public health, public safety, and
general welfare?
This criterion has been met. This site, due to its proximity to a
principal arterial and existing transit corridors (automotive, bike, bus,
etc.), a diverse array of adjacent residential densities and professional
offices, and the Montana State University campus, has multiple
elements conducive to public health, safety, and the general welfare.
A designation of R-O zoning will not detract from these elements.
Moreover, the proposed amendment will not put an undue burden on
municipal services, emergency response, or similar general welfare
considerations.
D. Will the new zoning facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other public
requirements?
This criterion has been met. The site has previously developed or
contributed to adequate sewer and storm water service, transportation
connections, parks, and the provision of other public requirements.
Rezoning the site to the R-O zone will not negatively impact this
approval requirement.
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ZMA: 1811 WEST KOCH STREET
E. Will the new zoning provide reasonable provision of adequate
light and air?
This criterion has been met. The development of this site was
reviewed by the City of Bozeman under previous iterations of the
City’s Code and building code standards to ensure this location was
provided adequate light and air. As no additional construction is
proposed with this application, the new zoning will not undermine the
City’s previous review or approval.
F. Will the new zoning have an effect on motorized and non-
motorized transportation systems?
This criterion has been met. The site is bounded by sidewalks on
the west and south sides of the site, lies adjacent to an arterial (South
19th Ave) and a collector (West Koch Street), and is in proximity to
existing bus service lines. As the site is developed and served by the
existing transportation systems (motorized and non-motorized), the
new zoning will have a negligible impact on the transportation
systems. The professional office use will have the same traffic impact
as currently exists and no additional development of the site is
currently proposed, therefore no additional development mitigation,
such as road or pedestrian/bicycle facility improvements, has been
identified in concert with the proposed new zoning.
G. Does the new zoning promote compatible urban growth?
This criterion has been met. The Growth Policy supports
professional offices in the vicinity of the project site on West Koch
Street. The site is adjacent to existing commercial development and
professional offices. Furthermore, R-O zoning of significant size lies to
the south of this site. As the existing use of the site as a professional
office is considered a legally established non-conforming use. The
new zoning classification of R-O for this site, zoning which permits
office use, would promote both a compatible and compliant urban
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ZMA: 1811 WEST KOCH STREET
growth pattern. Moreover, the site is currently significantly compliant
with the use, form, and intensity standards for the proposed R-O zone.
H. Does the new zoning promote the character of the district?
This criterion has been met. The character of the district in proximity
to this site is described as office parks, professional offices, and
residential units of varying density. The new zoning would therefore
promote the existing character of the area. This proposal is to modify
the zoning map and not amend the UDC text to alter the character of
any zoning district, therefore the character of the district remains
consist stent.
I. Does the new zoning address the affected area’s peculiar
suitability for particular uses?
This criterion has been met. The proposed zone change is intended
to resolve legal non-conforming use of the site as an office, one that is
consistent with adjacent zoning, current and proposed uses in the
area, and the Bozeman Community Plan for future land uses. The site
is bounded to the south, southwest, and southeast by existing R -O
zoning, while residential uses of a variety of densities lie to the west,
north and east. The new zoning therefore address the site peculiar
suitability for the office use existing at this site.
J. Was the new zoning adopted with a view to conserving the values
of buildings?
This criterion has been met. The new zoning proposed is primarily
intended to resolve the legal, existing non -conforming use of the site
as a professional office, an action that will decidedly conserve the
value of the existing site buildings and preserve values on adjacent
sites. The new zoning provides support for the development pattern
and surrounding character of the district and does not present a stark
deviation from existing adjacent development.
12 March 2020
ZMA: 1811 WEST KOCH STREET
K. Does the new zoning encourage the most appropriate use of land
throughout the jurisdictional area?
This criterion has been met. The proposed zone change is
consistent with the future land uses outlined in the Bozeman
Community Plan, which allows for the R-O implementing zoning within
the Residential land use category (the existing Plan Category for this
site). Furthermore, a request has been submitted to the City of
Bozeman Planning Board to reclassify this parcel as Community
Commercial Mixed Use (Exhibit E.1), the Community Plan category
that has been applied to the sites immediately adjacent to the south
that contain existing commercial development and professional offices.
R-O zoning is appropriate under either plan category, and the new
zoning therefore furthers the City’s plans for this portion of the
jurisdictional area and encourages the most appropriate use of land
throughout the City.
Section IV: Response to Spot Zoning Criteria (If Necessary)
A. Are the requested zoning designation and potential uses
significantly different from the prevailing uses in the area?
This criterion has been met. The requested zoning and the existing
use of the site is not “significantly” different from the prevailing uses in
the area. In fact, the current use of the site as a professional office is
unmistakably similar to the adjacent uses to the south. Therefore this
condition indicates that the proposing Zoning Map Amendment does
not constitute illegal spot zoning.
B. Does the requested zoning designation benefit a small area and
only one or a few landowners, or does the requested zoning
benefit the surrounding neighborhood, community and general
public?
This criterion has been met. The requested zoning designation does
benefit only one property owner, however the R-O zoning designation
is an implementing zoning district for the Residential land use
category and may be utilized by any adjacent property owner with this
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ZMA: 1811 WEST KOCH STREET
plan category area. The proposed zone change to R -O for this site will
not inhibit potential development of adjacent sites.
C. Is the requested zoning designation compatible with the zoning
district’s plan or is it special legislation designed to benefit only
one or a few landowners at the expense of the surrounding land
owners?
This criterion has been met. This ZMA does not represent special
legislation designed to benefit the land owner at the expense of the
adjacent property owners. Both the current and proposed zoning are
allowed within the Residential Growth Policy land use category,
therefore this proposed change to R-O is unlikely to negatively impact
the surrounding land owners. The benefit from the proposed change is
likely to benefit the property owner of this site, however this will not be
at the expense of the nearby property owners. This application has
demonstrated that no substantial nor significant negative impacts have
been identified due to this zoning amendment.
APPENDICES
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ZMA: 1811 WEST KOCH STREET
APPENDIX A: Legal Description of Subject Site
1811 WEST KOCH STREET ZONE MAP AMENDMENT
A tract of land, said tract being Lot 7 of A Plat of The Le Clair Subdivision and
adjoining portions of Koch Street and South 19th Avenue, said tract being located
in the Southwest Quarter of Section 12 and the Southeast Quarter of Section 11,
Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman,
Gallatin County, Montana and being further described as follows:
Beginning at the northeast corner of Lot 7 of said plat; thence South 00°37'19"
East, on the east line of said lot, a distance of 178.04 feet; thence South 00°37'19"
East, on a southerly extension of said east line a distance of 30.00 feet; thence
South 89°06'55" West, on the centerline of Koch Street, a distance of 144.44 feet;
thence North 00°48'19" West, on the designed centerline of South 19th Ave per
Document Number 2294610, a distance of 207.98 feet; thence North 89°05'37"
East, on the westerly extension of the north line of said lot, a distance of 43.34 feet;
thence North 89°05'37" East, on the north line of said lot, a distance of 101.77 feet
to the Point of Beginning.
The described tract has an area of 0.69 acres, more or less. The described tract is
as shown on the accompanying plat and is along with and subject to any existing
easements.
EXHIBITS