Loading...
HomeMy WebLinkAbout001 ZMA NarrativeBlock 104 ZMA Zone Map Amendment March 2022 2 March 2022 ZMA: Block 104 Table of Contents 1. Application Information 2. Project Team 3. Narrative I. Project Overview II. Response to Zone Map Amendment Approval Criteria III. Response to Spot Zoning Criteria Appendices Appendix A: Vicinity Map Appendix B: Current Zoning Map Appendix C: Future Land Use Map Appendix D: Requested Zoning Appendix E.1: Legal Description Appendix E.2: Editable Legal Description Block 104 3 March 2022 ZMA: Block 104 1. Application Information Included with this submittal are the A1, ZMA & N1 Forms for the requested Zone Map Amendment (ZMA) application. The calculated fee totals is outlined below. COMPONENT FEE QUANTITY TOTAL ZMA Base Fee $2,459 1 $2,459.00 TOTAL $ 2,459.00 4 March 2022 ZMA: Block 104 2. Project Team APPLICANT & Jackadoo, LP REPRESENTITIVE Attn: Scott Baldasare Scott@brickcapitalre.com 1907 Pine Street Philadelphia, PA 19103 p. 610.256.5520 PROJECT CONSULTANTS PLANNING Intrinsik Architecture Attn: Tyler Steinway tsteinway@intrinsikarchitecture.com 106 East Babcock Street, Suite 1A Bozeman, MT 59715 p. 406.582.8988 SURVEYING TD&H Engineering Attn: Colin Brady Colin.Brady@tdhengineering.com 234 East Babcock Street, Suite 3 Bozeman, MT 59715 p. 406.586.0277 5 March 2022 ZMA: Block 104 3. Narrative Executive Summary The applicant team is seeking to rezone one block (Block 104 - five parcels/ 3 unique owners) from M-1 to B-2M zoning to remedy a non-conformity with the Community Commercial Mixed Use Future Land Use Map Category. The properties are surrounded by the cross streets of East Aspen Street, North Ida Avenue, Front Street, East Tamarack Street and North Wallace Avenue. I. Project Overview The Applicant is requesting to rezone five separate parcels located in the north east neighborhood of Bozeman from M-1 (Light Manufacturing District) to B-2M (Community Business District-Mixed). This request encompasses 622 East Tamarack, 820 North Wallace, 802 North Wallace, and 529 North Ida. The properties contained in this ZMA cover 2.61 gross acres (13,649 sf). The properties included in this request are designated as Community Commercial Mixed Use (CCMU), which provides B-2M zoning as an implementing zone for this land use category. During the 2020 Community Plan update, the Future Land Use map changed to make this area as Community Commercial Mixed Use. This change created a non - conformity, as M-1 is not an implementing zoning district in the CCMU. Our request is to correct this current nonconformity and to allow for more opportunities to further more goals and policies of the Community Plan. No change in use nor additional development are proposed concurrent with this ZMA. This rezone request demonstrates a vision for these properties, one that aligns with Bozeman’s Unified Development Code (UDC) and the Montana Code Annotated 6 March 2022 ZMA: Block 104 (MCA) Rezone Map Amendment approval criteria. The proposed zone offers additional options for creative community design and neighborhood development, and the application narrative below further lays out this reasoning. II. 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. A. Is the new zoning designed in accordance with the Community Plan? Response: Yes The Community Plan Future Land Use Map designates this area as Community Commercial Mixed Use (CCMU), which authorizes B-2M as an implementing zoning district. This application shows how the proposed ZMA aligns with the effective Community Plan. The area to be rezoned includes extensive frontage along five local streets: East Aspen, North Ida, Front, East Tamarack and North Wallace. An East/West alley 7 March 2022 ZMA: Block 104 right of way bisects the block. The land use pattern that can be created on such ideally served parcels would be able to support a wide range of uses. These include restaurants, retail, offices, artisan manufacturing, mixed-use development, and residential units, all within existing Bozeman service boundaries and would be developed in close proximity to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. This mix of development at densities appropriate for a growing urban area is therefore grounded on tenets of the Community Plan. Moreover, the B-2M zoning proposed through this application fosters flexibility to address both current market trends and long term land use goals for the subject property. The Community Plan includes several goals and objectives that are broadly served through this application, including: Goal 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-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing. N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. 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. 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-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 8 March 2022 ZMA: Block 104 routes in proximity to one another. 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.). 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 property owners request 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 B-2M. B. Will the new zoning secure safety from fire and other dangers? Response: Yes. This criterion has been met. The subject properties are 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 developments will conform to City of Bozeman public safety, building, and land use requirements in compliance with the UDC, as well as all applicable building codes to help secure safety from fire and 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? Response: Yes. This criterion has been met. These infill project sites lie 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 9 March 2022 ZMA: Block 104 parks are provided. Site plans, 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. D. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Response: Yes. This criterion has been met. The subject properties lie within the sewer, storm water, and water facility plan boundaries. Public transportation, water, sewerage, schools, parks and other public requirements are available onsite or in proximity to the site. Required public improvements will allow for increased connectivity, including incremental additions of sidewalks and public improvements providing pedestrian access and non - automotive transit options that encourage connectivity to adjacent neighborhoods and existing uses. All future development of the properties will meet the public requirements as specified in the applicable City standards. City water and sewer lines are already located adjacent to or within the proposing zoning boundaries. All development will be required to create sufficient parks and recreation facilities (or make a payments in-lieu) upon future development. Future applications for subdivision and site plan review will specify how they meet public requirements necessary to serve this development. Adequate provision of services will be necessary to allow for future construction approval. E. Will the new zoning provide reasonable provision of adequate light and air? Response: Yes. This criterion has been met. Bozeman’s UDC contains prescriptive form and intensity standards for structural setbacks, height limits, lot coverage, setbacks, landscaping and buffers, and maximum lot coverage, each of which contribute to the reasonable provision of adequate light and air. Any future development of the properties will be required to conform to building requirements and City standards for setbacks, height, lot 10 March 2022 ZMA: Block 104 coverage, and buffering which ensure that residents have an adequate amount of light and air. Open spaces are required with all future development and will be addressed during future applications. F. Will the new zoning have an effect on motorize and non-motorized transportation systems? Response: 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? Response: Yes. This criterion has been met. The City of Bozeman has adopted a variety of standards to ensure compatibility. Compatible Development and Compatible Land Use are defined in within the Unified Development Code as follows: 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 Community Plan. Elements of compatible 11 March 2022 ZMA: Block 104 development include, but are not limited to, variety of architectural design; rhythm of architectural 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. The term “compatible development” includes several elements that aid in identifying compatibility and compatible urban development. It is also important to note that the definitions for “compatible development” does not require uniformity of the development pattern or design. The designation this site as B-2M offers additional design flexibility to and will offer future development to unfold compatible with development adjacent to the existing zones. The flexibility offered by B -2M zoning will allow the site to respond to and meet the demands of the surrounding neighborhoods, providing complimentary retail, commercial uses, offices, and restaurants to serve the needs of the community of Central Bozeman. All future design and construction will be compatible with the UDC site and design standards, further ensuring compatibility for this site. Furthermore, 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 12 March 2022 ZMA: Block 104 define the uses and development standards associated for projects proposed under the auspices of each zone. 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 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? Response: This criterion has been met. The character of any zoning district does not remain stagnant, however future development should promote the character of the district as defined in the Community Plan. The zoning proposed through this application has been shown to be in accordance with the effective Community Plan (see the response to Criteria A , above). Moreover, the Community Plan details which land use categories are authorized to implement each zoning district. B-2M is an authorized zones within the CCMU land use category, and the new zoning is in accordance with the Community Plan goals and objectives, and the Future Land Use Map (Please see Appendix B, Exhibit C). Taken as a whole, this indicates that the proposal will promote the character of the adjacent district as required. As noted in Criterion G above, this application shows conformance with the City ’s definition of compatible development. Moreover, the City has adopted many standards within the Unified Development Code to identify and mitigate demonstrable negative impacts of future development. These support the ability of 13 March 2022 ZMA: Block 104 future development within each of the proposed zones to be reviewed for compatibility at the time development is proposed. As the district adjacent to these sites is evolving, the character of the area has not yet been fully realized, and this development is intended to compliment the overall character of this area. I. Does the new zoning address the affected area’s peculiar suitability for particular uses? Response: This criterion has been met. All properties lie adjacent to existing access to public utilities and municipal services. Future development of the site will enable development of important connection points for the transportation system. The site is capable of supporting a diverse array of uses, and the proposed zones demonstrate a preferable arrangement of these possible future uses. The proposed B-2M Zoning District is appropriate for this location and allows for the construction of commercial or mixed - used developments on an infill site. B -2M Zoning District is also imagined to encourage support services and employment opportunities that correspond to possible uses within the site and between adjacent sites. J. Was the new zoning adopted with a view to conserving the values of buildings? Response: This criterion has been met. The new zoning, once adopted, will not negatively impact the existing notable buildings at this location. Any proposed uses or new structures will be obligated to meet the requirements of the UDC which will alleviate any potential negative impacts to adjacent buildings in the event of future development on this property. K. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Response: This criterion has been met. The new zoning will allow for higher residential and commercial densities to be constructed on an infill site in a growing area of Bozeman. The City is in need of additional housing and retail/commercial services in proximity to established 14 March 2022 ZMA: Block 104 III. Response to Spot Zoning Criteria A. Are the requested zoning designation and potential uses significantly different from the prevailing uses in the area? Response: No, therefore this criterion has been met. The North East Neighborhood, specifically this eastern section of the neighborhood has long been diverse with a mix of residential, manufacturing and commercial uses. The uses allowed in B-2M allow for all of these prevailing uses to be in proximity to each other, all the while maintaining a high level of flexibility to create the highest and best use for these properties. Furthermore, Bozeman’s Zoning District’s have been purposefully developed to include a variety of uses within each district. Future development of the site will be proposed in compliance with all B-2M Zoning District requirements, and this possible future development will not alter the prevailing uses in the area. 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? Response: This criterion has been met. As described in Criterion A above, the amendment advances the overall policies of 15 March 2022 ZMA: Block 104 the Bozeman Community Plan (Community Plan). It follows that alignment with the Community Plan shows that the requested zoning would therefore benefit the community and the general welfare. Moreover, the proposed zoning does not inhibit potential development of adjacent properties, which further supports the planning goals of the community. 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? Response: This criterion has been met. This ZMA does not represent special legislation designed to benefit the land owners 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, 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.