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HomeMy WebLinkAboutWest University District annexation and zoning Narrative 10.20.2021West University Properties Annexation & Initial Zoning October 2021 2 October 2021 Annexation & Initial Zoning: West University Properties Table of Contents 1. Application Forms & Checklists 2. Project Team 3. Narrative I. Project Overview II. Response to Annexation & Zone Map Amendment Approval Criteria III. Response to Spot Zoning Criteria Appendices Appendix A.1: Vicinity Map Appendix A.2: Current Zoning Map Appendix A.3: Future Land Use Map Appendix A.4: Proposed Zoning Map Appendix B.1: Annexation Map Appendix B.2: Zone Map Amendment Map Appendix B.3: Zone Map Amendment Editable Legal Description 3 October 2021 Annexation & Initial Zoning: West University Properties 1. Application Forms & Fees The required application forms for the West University Properties Annexation and Initial Zoning have been included in this submittal. The calculated fee totals are outlined below. COMPONENT FEE (2021-22) QUANTITY TOTAL Annexation $2,122.00 1 $2,122.00 TOTAL $ 2,122.00 4 October 2021 Annexation & Initial Zoning: West University Properties 2. Project Team APPLICANT West University, LLC Attn: Barry Brown 113 East Oak Street, Suite 4A Bozeman, MT 59715 Ph. 406.581.3837 Email: barry@cannerydistrict.com PROJECT CONSULTANTS Planning Intrinsik Architecture, Inc. Attn: Tyler Steinway 106 East Babcock Street Suite 1A, Bozeman, MT 59715 Ph. 406.582.8988 Email: tsteinway@intrinsikarchitecture.com Engineering Stahly Engineering & Associates, Inc. Attn: Cordell Pool 851 Bridger Drive Ste. 1 Bozeman, MT 59715 Ph. 406.522.8594 Email: cpool@seaeng.com 5 October 2021 Annexation & Initial Zoning: West University Properties 3. Narrative Executive Summary Application for annexation into the City of Bozeman and the initial designation of zoning of B-2M (Community Business District - Mixed) and REMU (Residential Emphasis Mixed-use District) for a 95.64 acre parcel lying west of the intersection of South 19th Avenue and West Kagy Boulevard. I. Project Overview The project team is submitting an application for Annexation and Initial Zoning of REMU and B-2M for a 95.64 acre parcel lying west of the intersection of South 19th Avenue and West Kagy Boulevard (Appendix A.1). The property currently wholly lies within Gallatin County, and is zoned AS (Agriculture Suburban) (Appendix A.2). The City of Bozeman has designated this parcel as Community Commercial Mixed Use within the Future Land Use Map included in the City’s effective Community Plan (Appendix A.3). The applicant is requesting a mix of B-2M (Community Business District - Mixed) and REMU (Residential Emphasis Mixed-use District) for this parcel, both implementing zones of the designated Future Land Use category (Appendix A.4). The areas to be zone B-2M is 48.98 acres, while the REMU zoned area is 47.90 acres (each inclusive of the adjacent rights-of way, for a total area of 96.88) (Appendix B.1). This parcel is broadly surrounded by annexed land, although unannexed County lands abut the parcel on its southern, western, and northern boundaries. The properties to the east are zoned a mix of residential and commercial zones. Also to the east is South 19th Avenue, a main transportation connection to Bozeman designated by the City as a Principal Arterial. Across 19th lies West Kagy Boulevard, a main gateway to Montana State University’s campus and student housing. 6 October 2021 Annexation & Initial Zoning: West University Properties To the north and west are PLI zoned parcels owned by the State of Montana and Montana State University. A buffer of land extends the full length of the north and west borders of the subject property separating it from these PLI zoned parcels. This buffer area is not included in the annexation or initial zoning request for this project. To the south of the site lies the Stucky Road, a collector, with additional unannexed commercial and community center sites to the south of this road. No development is proposed concurrent with this application. Future development of this infill site is still being conceptualized, but the programming is likely to include mix of complimentary non-residential and residential uses in the B -2M zoned areas of this site. This area’s proximity to South 19th Avenue makes it an ideal location for mixed commercial development that can serve the existing and future residents in this node of the Montana State University District. For the proposed REMU zoned areas, the applicant team envisions a variety of housing types with associated parkland and open space areas. Smaller scale commercial uses may also be proposed for this portion of the site, but the primary character of the REMU zoned portion of this project will be residential in nature. Future applications, such as subdivision or concept plans, will explore these development ideas further, ensuring that any future construction at this site meets all required standards. For this submittal, the enclosed applications materials meet the necessary criteria for approval of the Annexation and Initial Zoning requests as described in detail below. 7 October 2021 Annexation & Initial Zoning: West University Properties II. Responses to Annexation & Zone Map Criteria Annexation Approval Criteria The Applicant understands that the annexation of a property is subject to the goals and policies established by Commission Resolution No. 4400. These goals and policies are outlined and addressed below. In addition, the Annexation Map and Zone Map Amendment Exhibits are included with this application for further reference (Appendix B.1 & B.2). Annexation Goals 1. The City of Bozeman encourages annexations of land contiguous to the City. Response: The project site is contiguous to the City of Bozeman, with the eastern boundary of the site providing the required contiguity. 2. The City encourages all areas that are totally surrounded by the City to annex. Response: The site is wholly surrounded by the existing City boundaries, although the boundaries of the City are not directly adjacent to the south, west, and north of this site at this time. 3. The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Response: The property is not currently contracting with the City for services but intends to do so upon annexation. 4. The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Response: The Property is located within the urban growth area and service boundary 8 October 2021 Annexation & Initial Zoning: West University Properties of the existing municipal water and sewer systems. 5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Response: The Property is located within the proposed urban growth area and is a logical extension of the City with multiple street, trail, and open space connections to existing and adjacent residential and commercial neighborhoods. 6. The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Response: The annexation of this property would fill in a large gap, or “donut”, that currently exists within the City’s boundaries to create a more regular extension of the City’s boundaries. 7. The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Response: The applicant intends to extend West Kagy Boulevard, Remington Way, and State Street (east-west), as well as Enterprise Way and Discovery Drive (north -south). 8. The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Response: The project site is 95.64 acres. 9. The City seeks to obtain water rights adequate for future development of the property with annexation. Response: The Applicant agrees to provide water rights as the project is developed. 9 October 2021 Annexation & Initial Zoning: West University Properties 10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Response: Annexation of the Property will result in extending City water and sanitary sewer services as well as a comprehensive stormwater management following a City approved plan. Annexation Policies 1. Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Response: The Applicant understands the requirements of annexation and each of the adopted policies associated with annexation. The Applicant is willing to dedicate any required easements and rights-of-way, sign waivers of right to protest for future SIDs, and transfer usable water rights as the property is developed. 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Response: Understood. A request for initial zoning has been submitted with this application. Adjacent conditions, circulation, potential open space and watercourses all were taken into account when determining areas of requested zoning. 3. The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Response: The requested REMU and B-2M zoning is authorized for application within 10 October 2021 Annexation & Initial Zoning: West University Properties the Community Commercial Mixed Use Future Land Use category. 4. Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. Response: Understood. The request for initial zoning has been submitted with this application. 5. The applicant must indicate their preferred zoning classification as part of the annexation petition. Response: The applicant is requesting a mix of B-2M (Community Business District - Mixed) and REMU (Residential Emphasis Mixed -use District) for this project. Additional information on the requested zoning is included below to satisfy the requirements for initial zoning of the annexed site. 6. Fees for annexation processing will be established by the City Commission. Response: The applicant understands that there is a fee associated with the annexation and zoning of this parcel. The required fee will be submitted as part of a complete application. 7. It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Response: No unpaved county roads are proposed for access to the property. The applicant intends to install road improvements onsite and adjacent to the site to ensure the project is served by roads that are designed and constructed according to the City’s street standards. 8. Prior to annexation of property, the City will require the property owner to acquire 11 October 2021 Annexation & Initial Zoning: West University Properties adequate and useable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Response: The Applicant agrees to provide water rights as the project is developed. 9. Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Response: Adequate infrastructure and emergency services currently exist to serve the Property, although no development is currently proposed with this application. The subject property is currently located within the jurisdiction of the City of Bozeman Fire and Police Departments, and the service area of American Medical Response ambulances. Future site development will conform to City of Bozeman public safety, building, watercourse setbacks, and land use requirements in compliance with the UDC, as well as all applicable building codes to help secure safety from fire and other dangers. The City’s adopted plans for municipal transportation, water, sewer, parks, and other facilities and services ensure that this site will have services necessary to serve future site development. This infill project site lies within the City’s sewer, storm water and water facility plan boundaries. The applicant will propose adequate services, in accordance with these plans, in future applications for City approval prior to construction at this site. Future submittals will be reviewed for compliance with the City ’s codes to ensure the general welfare will be supported through appropriate contributions to schools and 12 October 2021 Annexation & Initial Zoning: West University Properties parks. Here again, site plans, subdivision proposals, or other development applications will ensure adequate capacity for all required municipal services. 10. The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City ’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder ’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Response: City services will be requested for development of this parcel. 11. The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder. Response: The required mapping materials have been included in this submittal as Appendix B.1. 12. The mapping may be waived by the Director of Public Works. Response: Understood. The applicant has provided the requested mapping information. 13. The City will assess system development/impact fees in accordance with Montana 13 October 2021 Annexation & Initial Zoning: West University Properties law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Response: The Applicant acknowledges and understands this requirement. 14.Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Response: Required public notice materials for the annexation and zone map amendment have been provided with this submittal. 15. Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Response: The applicant team would like to begin to coordinate on preparing the Annexation agreement prior to final review and possible annexation approval by City Commission. Please advise on best next steps to accomplish this task. 16. When possible, the use of Part 46 annexations is preferred. Response: Part 46 annexation is not applicable. 17. Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Response: Understood. 18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Response: Acknowledged. 14 October 2021 Annexation & Initial Zoning: West University Properties 19. The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Response: Upon future development the applicant intends to connect to and use City services. The applicant team understands the additional requirements of this annexation policy and will intend to abide by this standard and verify future disconnects as applicable. 20. Additional Site Information Response: No additional site information has been requested nor has the applicant identified additional materials relevant to this application that are essential to include in this packet for review. INITIAL ZONING REQUEST 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 map amendment as outlined in the narrative above and within the attached ZMA exhibits. A. Is the new zoning designed in accordance with the growth policy? Yes, therefore this criterion has been met. The future land use for the subject property was amended with the adoption of the 2020 Bozeman Community Plan and each zone requested is allowed within the approved Future Land Use 15 October 2021 Annexation & Initial Zoning: West University Properties category for this site. As is shown in the figure above, B-2M and REMU are allowed within Community Commercial Mixed Use (CCMU) Future Land Use category. The proposed zoning would provide for development opportunities for a wider variety of housing types, neighborhood-scale commercial uses, and land development patterns to unfold. REMU and B-2M both offer allowances for additional density to provide for urban-scale mixed-use development options. Approval of this request and subsequent property development under the proposed zoning would also reinforce the following objectives of the Community Plan: R-2.3 Make good financial investments that have the potential for economic benefit to the investor and the broader community both through direct and indirect returns. N-1.1 Promote housing diversity, including missing middle housing. N-1.3 Revise the zoning map to lessen areas exclusively zoned for single -type housing. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-1.11 Enable a gradual and predictable increase in density in developed areas over time. 16 October 2021 Annexation & Initial Zoning: West University Properties N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. N-3.1 Establish standards for provisions of diversity of housing types in a given area. N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood character, and buildings that contribute to Bozeman ’s sense of place through programs and policy led by both City and community efforts. DCD-1.1 Evaluate alternatives for more intensive development in proximity to high visibility corners, services, and parks. DCD-1.2 Remove regulatory barriers to infill. DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public. DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. DCD-2.1 Coordinate infrastructure development, land use development, and other City actions and priorities through community planning. DCD-2.2. Support higher density development along main corridors and at high 17 October 2021 Annexation & Initial Zoning: West University Properties visibility street corners to accommodate population growth and support businesses. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. DCD-3.1 Expand multimodal accessibility between districts and throughout the City as a means of promoting personal and environmental health, as well as reducing automobile dependency. EPO-1.1 Coordinate the location of existing and future parks to create opportunities for linear parks to connect larger parks. Prioritize quality locations and features in parks over quantity of parks. EPO-2.1 Where appropriate, activate connections to waterways by creating locations, adjacent trails, and amenities encouraging people to access them. EPO-3.2 Ensure complete streets and identify long-term resources for the maintenance of year-round bike and multi-use paths to improve utilization and reduce annual per capita vehicle miles traveled. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices ( e -bikes, electric scooters, powered wheelchairs, etc.). M-1.11 Prioritize and construct key sidewalk connections and enhancements. M-2.5 Develop safe crossings along priority and high utilization pedestrian and biking corridors. 18 October 2021 Annexation & Initial Zoning: West University Properties EE-1.3 Continue to facilitate live/work opportunities as a way to support small, local businesses in all zoning districts. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. The Bozeman Community Plan 2020 includes the justifications necessary to support a change in zoning. This application addresses two of those justifications: 1) a change in correlation between zoning and growth policy, and 2) the owner requests the change and can meet required standards. This narrative demonstrates that the relevant standards for each have been met and that no conflicts with the growth policy have been identified. To the contrary and as described above, the Community Plan bolsters the applicants request for rezoning to a mix of B-2M and REMU for this property. B. Will the new zoning secure safety from fire and other dangers? Yes, therefore 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 American Medical Response ambulances. Future site development will conform to City of Bozeman public safety, building, watercourse setbacks, and land use requirements in compliance with the UDC, as well as all applicable building codes to help secure safety from fire and other dangers. The zone change is therefore unlikely to adversely impact site safety. C. Will the new zoning promote public health, public safety and general welfare? Yes, therefore this criterion has been met. All future development of the site will require compliance with the City’s Unified Development Code, 19 October 2021 Annexation & Initial Zoning: West University Properties administration of which is employed by the City to ensure the promotion of public health, safety, and general welfare. The zone change will not place an undue burden on municipal services, emergency response capability, or the general public. D. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Yes, therefore this criterion has been met. The City’s adopted plans for municipal transportation, water, sewer, parks, and other facilities and services ensure that this site will have services necessary to serve new development. This infill project site lies within the City’s sewer, storm water and water facility plan boundaries. Future submittals will be reviewed for compliance with the City’s codes to ensure appropriate levels of transportation, water, sewer, schools, and parks are provided. Site plans, subdivision proposal, or other development applications will ensure adequate capacity for all required municipal services. As is stated in in the UDC, the designation of a zoning district does not guarantee approval of proposed development plans until the City can verify the availability of needed infrastructure and services. E. Will the new zoning provide reasonable provision of adequate light and air? Yes, therefore this criterion has been met. The City of Bozeman’s UDC includes standard’s that address setbacks, park dedication, on -site open space, and building design standards to address this requirement. Moreover, the building codes have standards for ingress and egress, ventilation, and related subjects that further support the provision of adequate light and air. Future site development will require compliance with all applicable City codes and standards necessary to ensure these primary human needs, and thus the proposed zoning will not have a negative impact on future provision of 20 October 2021 Annexation & Initial Zoning: West University Properties adequate light and air for future site residents and employees. F. Will the new zoning have an effect on motorize and non -motorized transportation systems? Yes, therefore this criterion has been met. The City’s transportation plan is used to evaluate transportation needs over the long term across the municipal area to account for the impacts of motorized vehicles as well as bikes and pedestrians. The parks and trails plans also examine and specify options for extensions of the existing trail network through this site. Future site development will examine impacts on the transportation network, parks, and trails system, and municipal facilities. Furthermore, these future development reviews will ensure that development under the new zoning will comply with the City’s standards for the provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite circulation. Traffic impacts will be studied by the development team to demonstrate compliance with the City’s long-range transportation plans. Future project development will ensure compliance with the acceptable traffic limits identified in the transportation plans, as well as provide for the dedication of rights of way, construction or reconstruction of streets and trails, payment of impact fees, and other contributions as will be applicable to this project. G. Does the new zoning promote compatible urban growth? Yes, therefore this criterion has been met. The Bozeman Community Plan establishes a preferred and compatible development pattern through the Future Land Use Map, which establishes generalized expectations for what goes where in the community. Moreover, the UDC explicitly defines compatible urban growth, which does not require uniformity in order to ensure compatibility. The City’s zoning ordinances define the uses and development standards associated for projects proposed under the auspices of each zone. 21 October 2021 Annexation & Initial Zoning: West University Properties Each zone includes a range of uses that are appropriate. The property is designated as Community Commercial Mixed Use on the future land use map, which allows for B-2M and REMU implementing zoning as proposed by the applicant. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicant, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. Future development under the proposed zoning will look to advance the Actions within the Climate Plan to create efficient buildings that contain renewable energy generation infrastructure. Future site planning will look to integrate compact development patterns that is supported by a variety of transit infrastructure. Future development will additionally support the Community Housing Action Plan through the provision of additional housing stock variety and availability. H. Does the new zoning promote the character of the district? Yes, therefore this criterion has been met. This Site lies within the Montana State University District and future development of this site under the new zoning will support this district ’s character. The proposed REMU and B-2M zoning provide for future development options that support compatible character of development and the project ’s proximity to the University. Neighborhood scale commercial and the variety of housing options possible under the proposed zoned will be compatible with the existing and planned nature of this area. Concept applications are being prepared to further detail how future development under the proposed zoning is appropriate. For this review the zone map amendments proposed do not allow for uses that are significantly different than those currently allowed, and therefore it is hard to foresee significant and negative impact on community character. 22 October 2021 Annexation & Initial Zoning: West University Properties I. Does the new zoning address the affected area ’s peculiar suitability for particular uses? Yes, therefore this criterion has been met. The proposed zone change is consistent with adjacent zoning, current and proposed uses in the area, and the Bozeman Community Plan for future land uses. Multiple commercial, community, and residential uses currently exist in proximity to the subject site. Additionally, B-2M and REMU zoning designations will encourage mixed -use development adjacent to established and planned multi-modal infrastructure, making this site particularly suitable for the requested zoning designations. This Site will have flexibility to promote a cohesive neighborhood pattern that will connect adjacent roadways and corridors, and extend existing public infrastructure. Moreover this zoning will not impact the UDC requirements for future development in this location that are intended to support suitable development City wide. J. Was the new zoning adopted with a view to conserving the values of buildings? Yes, therefore this criterion has been met. The site is currently undeveloped and no buildings have been constructed on this site. Therefore, the proposed zoning will have not impact on the conservation of values of buildings at this site. K. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Yes, therefore this criterion has been met. The proposed zone change is consistent with the FLUM outlined in the Bozeman Community Plan as demonstrated throughout this narrative. Increased commercial and mixed use density is appropriate at this location due to the proximity to roadway and transportation systems, and to Montana State University. Therefore, the proposed B-2M and REMU zoning will further encourage development that 23 October 2021 Annexation & Initial Zoning: West University Properties represents the highest and best use of this infill site. As stated above, the Bozeman Community Plan is the tool utilized to illustrate the most appropriate use the project sites. In this case, urban-scale residential and mixed-use development are shown in that Plan as the most appropriate types of development for the property. The Unified Development Code further contains standards and review procedures that will to ensure the land is developed in ways that protect and promote public health, safety, and general welfare, and further ensure appropriate future development of this property. 24 October 2021 Annexation & Initial Zoning: West University Properties III. Response to Spot Zoning Criteria A. Are the requested zoning designation and potential uses significantly different from the prevailing uses in the area? No, therefore this criterion has been met. The requested B-2M zoning, and the mix of uses available within this district, offers an opportunity for the future development of the site under assumptions that do not significantly differ from the existing zoning or development. Both B-2M is appropriate for commercial nodes adjacent to major transit connections, and this site ’s location in proximity to South 19th Avenue reflects this expectation. B-2M allows for more flexibility with respect to height and parking standards, and therefore encourages denser development that supports the highest, and best use of the project site. The portion of the site proposed as B -2M is adjacent and near to existing B-2 and B-2M zoned parcels that contain a mix of commercial and residential uses. The B-2M areas of this site will also be developed in a similar manner, and therefore the requested zoning and potential uses will not be significantly different than the existing uses and zoning. Similarly, the area of the site proposed to be zoned REMU would not create a future development pattern that is significantly different than the uses allowed in the B-2 or B-2M zones. REMU zones are intended to be mixed-use in character, and are best located in proximity to neighborhood scale development. REMU offers a diverse array of possible land uses, and those envisioned for this site will enhance the character of the area and contribute to the sense of place for the neighborhood. REMU zoning and the potential uses are therefore not significantly different from the prevailing zones and uses in proximity. 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 25 October 2021 Annexation & Initial Zoning: West University Properties neighborhood, community and general public? This criterion has been met. A zone change for the 95.64 acres has the potential to benefit both the surrounding neighborhood and the community as a whole. This change will conceivably prove to be a beneficial asset to the surrounding area by providing flexibility to enrich future area growth and transit options, offer support services to a future mixed -use node, and contribute to the neighborhood fabric in the area. It is also envisioned that generalized benefits would accrue to the City when future development occurs at a more intensive level. 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. The proposed zoning allows similar uses at similar scales as that of the adjacent properties, and therefore it is difficult to foresee this proposed change to B-2M and REMU, respectively, will negatively impacting the surrounding land owners. Additionally, the proposed zone change is compatible with City policies and state statute governing the approval of such requests. This is a request, simply, is to move to a blend of residential and commercial mixed-use zones that offer more contemporary development options from their existing counterparts. Compact infill will be the result of redevelopment, and the requested zoning thus proposes thoughtful future development opportunities that will meet the needs of the neighborhood and the community, not negatively impact surrounding land owners.