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HomeMy WebLinkAbout20132 Staff ReportPage 1 of 22 20132 Staff Report for the Billings Clinic Annexation & ZMA Public Hearings: Community Development Board (map amendment only) January 24, 2022 City Commission (Annexation and map amendment) February 8, 2022 Project Description: Annexation of 4.239 acres and amendment of the City Zoning Map for the establishment of a zoning designation of B-2 (Community Business District) Project Location: The property is generally located on the east side of Davis Lane, south of the intersection of Davis Lane and Westlake Road. The legal description of the property is Lot 2A-1 of Minor Subdivision 221F, Bozeman, MT. The annexation and zone map amendment would also apply to the street adjacent to the property. Recommendation: Meets standards for approval with contingencies. Recommended Zoning Commission 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 20132 and move to recommend approval of the Billings Clinic Zone Map Amendment, with contingencies required to complete the application processing. Report: January 20, 2022 Staff Contact: Jacob Miller, Associate Planner Agenda Item Type: Action – Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report only addresses the zoning amendment as the Zoning Commission only considers the zone map amendment. A revised report addressing both the annexation and the zoning amendment will be made available prior to the City Commission hearing on the application. Unresolved Issues There are no identified conflicts between the City and Applicant regarding the zoning at this time. Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 2 of 22 Project Summary The applicants and property owners, Billings Clinic, seek to annex 4.239 acre parcel into the City limits and establish initial zoning of B-2, Community Business District. The property is currently zoned “Agricultural Suburban” within the county and is currently used as agricultural land. The adjacent Davis Lane road rights-of-way will be annexed with this application. The following public adopted planning documents support urban development for the subject area if development is proposed on the site:  Bozeman Community Plan 2020  Gallatin County growth policy  Gallatin County/Bozeman Area Plan – County neighborhood plan  Transportation Master Plan 2017 – City transportation plan  Greater Bozeman Area Transportation Master Plan 2007 – Gallatin County Transportation Plan  Water Facility Plan 2017 – City’s plan for water system operations and expansion  Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and expansion Zoning Commission The Zoning Commission will hold a public hearing on January 24, 2022 before making a recommendation on the proposed zoning. Zoning Commission Alternatives 1. Approve the application with contingencies as presented; 2. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 3. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 3 of 22 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Zoning Commission ............................................................................................................ 2 Zoning Commission Alternatives ....................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 8 SECTION 3 – ADVISORY COMMENTS .............................................................................. 8 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9 Annexation .......................................................................................................................... 9 Zone Map Amendment ....................................................................................................... 9 SECTION 5 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 9 Spot Zoning Criteria ......................................................................................................... 16 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 18 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 19 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 19 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 22 FISCAL EFFECTS ................................................................................................................. 22 ATTACHMENTS ................................................................................................................... 22 Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 4 of 22 SECTION 1 - MAP SERIES Project Vicinity Map - Zoning Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 5 of 22 Project Vicinity Map – Current Land Use Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 6 of 22 Project Vicinity Map - Community Plan 2020 Future Land Use Map Parks and Open Lands Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 7 of 22 Zone Amendment Map Not annexed R-3 R-4 Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 8 of 22 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. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the Annexation Agreement is not approved, the Zone Map Amendment application is null and void. 2. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “The Billings Clinic Zone Map Amendment”. 3. The applicant must submit a zone amendment map, titled “The Billings Clinic 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. The map must contain a metes and bounds legal description of the perimeter of the subject properties, zoning district, and total acreage of the property. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 3 – ADVISORY COMMENTS 1. Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit www.bozeman.net. 2. BMC 38.410.130 – An additional transfer of water rights or the payment of cash-in-lieu (CIL) of water rights will likely be required upon future development. 3. Prior to future development or redevelopment the applicant should contact Northwestern Energy (NWE) regarding the location of the existing utility lines. Preliminary discussions with NWE suggests the presents of a high pressure gas main in the vicinity. Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 9 of 22 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation The Development Review Committee (DRC) considered the annexation. The DRC did not make a formal recommendation and did not express concerns with annexation of the property. The City Commission will hold a public meeting on the annexation on February 8, 2022. The meeting will begin at 6 p.m. The meeting will conducted through WebEx. Instructions on joining the meeting will be included on the meeting agenda. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff finds the application meets criteria for approval as submitted. The Billings Clinic Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 20132. The Development Review Committee (DRC) considered the amendment. The DRC identified did not identify any infrastructure or regulatory constraints that would impede the approval of the Zone Map Amendment application. The Zoning Commission will hold a public hearing on this ZMA on January 24, 2022 and will forward a recommendation to the City Commission on the Zone Map amendment. The City Commission will hold a public hearing on the zone map amendment on February 8, 2022. The meeting will begin at 6 p.m. The meeting will conducted through WebEx. Instructions on joining the meeting will be included on the meeting agenda. SECTION 5 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has discretion to determine a policy direction. The burden of proof that the application should be approved lies with the Applicant. See the application materials for the Applicant’s response to the criteria A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 10 of 22 In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. This criterion is met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application has been within in the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Regional Commercial and Services through the recent modification of the FLUM to correctly designate the FLU of the property. The Regional Commercial and Services designation description reads: “Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower-density uses is important. Residential space should be located above the first floor to maintain land availability for Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 11 of 22 necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table, the B-2 district is an implementing district of the Regional Commercial and Services. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy has not been identified. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested B-2 zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans. Municipal infrastructure is installed in the adjacent roadway and has capacity accommodate additional development. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property is contiguous on the east and south property lines and will allow for the expansion of the Billings Clinic Campus. The relatively small property size can be conferred as incremental expansion. Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 12 of 22 RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. The property is contiguous on the east and south property lines. B. Secure safety from fire and other dangers. This criterion is met. The 2017 Fire and EMS Master Plan shows this property within the acceptable response reach of the Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. The property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and there will be no difficulty extending service to this parcel. Many of the uses allowed within the requested B-2 zoning generally require additional fire protection systems such as sprinklers. C. Promote public health, public safety, and general welfare. This criterion is met. The proposed zoning designation will promote general welfare by implementing the future land use map in the Bozeman Community Plan. The Billings Clinic will provide essential medical services to the City and the region as a whole. As noted in criterion B, further development and redevelopment must be in accordance with modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the greater transportation network for users ensuring the promotion of public health, safety and general welfare. Public health and safety will be positively affected by requiring new and redevelopment to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. This criterion is met. The BCP 2020, page 74, says regarding evaluation of Criteria B-D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site. Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 13 of 22 For example, at the time of annexation, the final intensity of development is unknown and it may be many years before development occurs and the impacts are experienced. The availability of other planning and development review tools must be considered when deciding the degree of assurance needed to apply an initial zoning at annexation.” The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. Private development must demonstrate compliance with standards. The application site is located within the City’s land use, transportation, parks, and utility planning areas and those plans show this property as developing within the City when development is proposed. Adequacy of all these public requirements is evaluated during the subdivision and site development process. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “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 services.” The development of public infrastructure improvements to serve the property will be required to conform to the City of Bozeman’s adopted standards which require properties to construct public infrastructure and/or pay impact fees, assessments, and taxes to support transportation, water, sewer, school, parks, and other public requirements. City water and sewer lines are located adjacent to the property in the Davis Lane right-of-way and the terms of annexation require the applicant to connect to municipal services and install any facilities required to provide full municipal services to the property. E. Reasonable provision of adequate light and air. This criterion is met. The B-2 zoning designation has requirements for setbacks, height, and lot coverage, which provide for the reasonable provision of adequate light and air. Any future Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 14 of 22 development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. This criterion is met. The proposed B-2 zoning designation will have a positive effect on the City’s motorized and non-motorized transportation systems. The adjacent right of way of Davis Lane will be included in the annexation of the property and will require that future developments on the property will construct their portion to City street section standards. Annexation and future development will require these minimum standards to be constructed improving the transportation system and safety for all users. Terms of annexation require dedication of right-of-way along Davis Lane necessary for completion of a Collector cross section roadway. Minor Arterial streets require 100 feet of right-of-way. The recommended terms of annexation and City’s development approval processes, for example requirements for easements, the waiver of the right to protest special improvement districts related to transportation, and construction of future roads are expected to sufficiently address impacted transportation systems as a result of the map amendment. On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it says: “Development creates or funds many of the City’s local streets, intersection upgrades, and trails. Therefore, although a text or map amendment may allow more intense development than before, compliance with the adopted Plans and standards will provide adequate capacity to offset that increase.” As the zoning designation itself does not change traffic flow or transportation demand, and the compliance of future development with adopted standards will offset impacts from development. G. Promotion of compatible urban growth. This criterion is met. Individuals may have widely varying opinions about what constitutes compatibility. Compatible development and Compatible land use are defined in Article 38.7 BMC to establish a common reference for consideration of this criterion and application of development standards. They are defined as: “Compatible development. The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 15 of 22 elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use. Compatible land use. A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” As noted in the definition of Compatible development, there are many elements that contributed to compatibility. The final sentence of the definition deserves emphasis “Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible development can be different than what is already in place. The City has adopted a variety of standards to implement compatibility. The proposed B-2 zoning is primarily a commercial district that allows for some accessory residential uses. The inclusion of this property into City limits and the accompanied zoning will provide additional land to be developed for the Billing Clinic campus which will provide regional medical services immediately adjacent to an R-4 district and other higher density residential zones. The close proximity has the ability to provide an area with many employment opportunities near high density neighborhoods. The close proximity to main corridors and I-90 will allow convenient access from within the City and the greater region, reducing the impact on existing infrastructure. This area of Bozeman is burgeoning into a major commercial center with a variety of goods, services, and employment opportunities which are compatible with the zoning proposed with this application. H. Character of the district. This criterion is met. The intent of the B-2 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.” The proposed zoning for this property furthers the goals of the B-2 district by providing the supportive commercial uses adjacent to other commercial areas and along a minor arterial. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 16 of 22 As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in this new area of the B-2 district to uphold the character of the area. I. Peculiar suitability for particular uses. This criterion is met. The property is located in a rapidly developing commercial center surrounded by high density residential developments. The property is located along a main arterial which is supported in the intent statement of the B-2 district as well as within the Bozeman Community Plan 2020. The area is well suited for the addition of B-2 zoning. J. Conserving the value of buildings. This criterion is met. Any future development on the property will be subject to standards in the B-2 zoning district which will ensure the conservation of adjacent building values including but not limited to standards set forth in the Unified Development Code for fire safety, setbacks, buffers and building heights, which will help alleviate any potential negative impacts to the values of adjacent buildings as a result of future development on the subject property. Therefore, this criterion is met. K. Encourage the most appropriate use of land throughout the jurisdictional area. This criterion is met. As discussed in Criteria A above, this property has been planned for commercial uses. The proposed B-2 zoning designation will encourage the most appropriate use of land as the property is surrounded the rest of the Billing Clinic development to the east and residential developments to the south which will support additional commercial development. Furthermore, the proposed B-2 zoning designation is consistent with the Bozeman Community Plan’s future land use map designation of “Regional Commercial and Services.” Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 17 of 22 1. Is the proposed use significantly different from the prevailing land uses in the area? This criterion is not met. The B-2 zoning designation is primarily commercial and will be incorporated into the existing B-2 zoning that is adjacent to the east. The developments to the south are primarily higher density residential which are different than the proposed B-2 but development standards and regulations prevent any potential hazards between differing districts. This proximity is seen throughout the City. Therefore, staff finds that this criterion is not met. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? This criterion is met. The application is submitted by one landowner in conjunction with annexation of the single 4.239 acre property. Although the City supports multiparty annexation applications, landowner annexation of single properties are the most frequent annexations. As described in Criterion A above, the amendment advances the overall policies of the BCP 2020, the City’s adopted growth policy, and the growth policy and neighborhood plans for Gallatin County. As the application advances the growth policies there are benefits to the larger community from the amendment. Although there is generalized benefit to the community, the number of direct beneficiaries is small. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? This criterion is not met. While the applicant/landowner will directly benefit from the proposed zone map amendment, the proposed amendment is not at the expense of surrounding landowners or the general public. As discussed above in the various review criteria above, no substantial negative impacts are identified due to this amendment. As discussed in Criterion A, the application is consistent both the City’s and the County’s growth policy. The growth policy is the overall land use policy for the community. Consistency with the growth policy demonstrates benefit to the general public. As discussed under Criterion D, the City’s development standards will require the applicant to provide the needed infrastructure to support any proposed development prior to construction of any buildings. Concurrency and adequacy of infrastructure remove most potential injury to others. As discussed in the various review criteria above, no substantial negative impacts or hazards are identified due to this amendment which cannot be resolved or mitigated through other City standards, policies or regulations. Although the zoning map is changing, the associated Terms of Annexation, and the development standards referenced throughout the analysis of the zone map amendment will limit impacts of new development and avoid expense to the general Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 18 of 22 public or surrounding landowners. When looking at the City as a whole, Bozeman is in need of additional housing to meet increased demand for a variety of housing options. The City Commission has adopted legal documents by which land uses and development patterns are determined within city limits. The Unified Development Code (UDC), along with the growth policy (BDC 2020) provide the guiding framework that governs what growth looks like in our community. These documents go through numerous iterations as the knowledge and understanding of development principles evolve, and as the needs of our community change. The UDC establishes technical requirements that dictate the layout of subdivisions, the placement and height of buildings, the width of driveways, allowable land uses, and a plethora of other development requirements that shape the fabric of the community, and protect the safety of its members. The growth policy is a visionary document that contains the long term goals of the City for the next 20 years. These goals were crafted based on current growth and development trends, contemporary planning theory, and through a robust public engagement process that spanned the course of several years. The layered dynamic of the two policy documents creates the ability for our community to begin with large scale ideas about community growth and needs and distill them down into a technical guide for how that growth and development can physically occur. The goals and themes of the growth policy informs the technical content of the UDC which contains provisions whose main focus is protecting the health, safety, and general welfare of the community. This dynamic ensures that locations and standards of zoning districts are a benefit to the community as a whole and do not benefit only one landowner. As noted in Section 6, Criterion A, the proposed application is in accordance with 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. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 19 of 22 qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Avenue, PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on January 9th, 16th, and 23rd, 2022. The site was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was or will be provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on January 20, 2022, no written comments have been received on this application. 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 2020. 1. Regional Commercial and Services. “Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower-density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation.”Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2, “Community Business District” in association with the annexation of the property. According to Sec. 38.300.100.B. of the Unified Development Code, “The intent of the B-2 community business district is to provide for a broad range of Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 20 of 22 mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of B-2 correlates with the Growth Policy’s future land use designation of “Regional Commercial and Services.” Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 21 of 22 Page 58 of the BCP 2020 – Implementing zoning districts for FLUM designations Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 22 of 22 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Billings Clinic, 2800 10th Avenue North, Billings, MT 59101 Applicant: Billings Clinic, 2800 10th Avenue North, Billings, MT 59101 Representative: Sanderson Stewart, 1300 North Transtech Way, Billings, MT 59102 Report By: Jacob Miller, Associate Planner, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #20132, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=210944&dbid=0&repo=BOZEMAN This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=20-132 Application materials