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HomeMy WebLinkAbout001 Narative South Range Crossing North Zone Map Amendment May 2023 South Range Crossing North | ZMA May 2023 | 2 Table of Contents Narrative I. Project Overview II. Response to Annexation Goals, Policies & Approval Criteria III. Response to Zone Map Amendment Approval Criteria IV. Response to Spot Zoning Criteria Appendices Appendix A: Vicinity Map Appendix B: Existing Future Land Use Map Appendix C: Proposed Future Land Use Map Appendix D: Current Zoning Map Appendix E: Proposed Zoning Map Appendix F: Future Land Use Map Editable Legal Description Appendix G: Exising Plat South Range Crossing North | ZMA May 2023 | 3 1. Project Team Owner & Applicant: Providence Development Company, LLC Attn: Parker Lange 529 East Main Street Bozeman, MT 59715 Ph: 406-595-4560 Email: plange@providencedevco.com Representative: Intrinsik Architecture, Inc Attn: Tyler Steinway 106 East Babcock Street, Suite 1A Bozeman, MT 59715 Ph: 406-582-8988 Email: tsteinway@intrinsikarchitecture.com Engineering: Morrison – Maierle Attn: Matt Ekstrom 2880 Technology Blvd W Bozeman, MT 59718 Ph: 406-922-6784 Email: mekstrom@m-m.net South Range Crossing North | ZMA May 2023 | 4 Project Narrative Executive summary The project team is submitting an application for a Zone Map Amendment in conjunction with a Growth Policy Amendment for the 35.069 Acres of land located at the corner of S 19th Ave. and W Graf St. This land is currently zoned a combination of Residential Low Density (R-1) and Residential Moderate Density (R-2) and is currently designated by the Community Plan to be Urban Neighborhood. The Growth Policy Amendment submitted with this application requests to change a portion of the property from the Urban Neighborhood to Community Commercial Mixed Use. The other portion of the property will remain as Urban Neighborhood. Project description The applicant is requesting Zone Map Amendment (ZMA) to rezone this land a combination of Community Business District Mixed (B-2M) and Residential Emphasis Mixed-Use (REMU). In conjunction with this ZMA application, a Growth Policy Amendment (GPA) is also being submitted. The Community Plan’s Future Land Use Map currently designates the entire subject property as Urban Neighborhood. The GPA is requesting that a portion of the subject property be designated as Community Commercial Mixed Use to allow the future B-2M portion of this property to align with the Community Plan. This property is situated at the intersection of W Graf Street (Collector) and S 19th Avenue (Principal Arterial). This site is defined by South 19th Avenue to the west and Graf Street to the South. Adjacent to the property (eastern boundary) is undeveloped land where zoning is proposed to be changed from R-1 to a combination of R-2 and PLI. To the north, west, east, and south of this site are proposed projects. It South Range Crossing North | ZMA May 2023 | 5 is within proximity of other residential communities including Grand Cielo, Homestead at Buffalo Run, Meadow Creek, Southbridge, Alder Creek, South Range Crossing, Alison Subdivision, South University District, Blackwood Groves and other parcels in various stages of development. The Bozeman Community Plan Urban Neighborhood designation calls for a variety of residential uses in a variety of types, shapes, sizes and intensities. Furthermore, large areas of single type of housing are discouraged. When analyzing these guiding principles, the goals of the proposed ZMA, and the surrounding context of the site, the B-2M and REMU zoning designation is a logical choice. Succinctly, the GPA’s request for partial redesignation to Community Commercial Mixed Use seeks to solve deficiencies in the 2020 Community Plan. These deficiencies and solutions are detailed in the GPA Narrative. The intent of the B-2M zoning designation is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. The intent of the REMU designation is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. Both the REMU and B-2M are necessary to achieve the goals of the development in providing services to local neighborhoods and regional residents that are currently driving across town for services from the southside neighborhoods. Creating this commercial mixed-use node will help reduce these trips, localize them to improve the overall system and allow neighborhoods to have access to services without the need for a car. This property was originally annexed and subdivided to be the home to the Yellowstone Theological Institute. The existing R-1 and R-2 zoning, and subdivision layout were proposed in a way to help promote their goals of creating a theological institute. Significant time has passed since and the R-1 and R-2 zoning aren’t believed to be the highest and best use for this land. South Range Crossing North | ZMA May 2023 | 6 This rezoning request demonstrates a vision for this property is one that aligns with the Bozeman Unified Development Code, Montana Code Annotated and the Bozeman Community Plan. The proposed zoning allows for more creative neighborhood design, that aims to accomplish several goals and themes of the community plan as outlined in our application responses below. 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 growth policy? How? Yes. The future land use map, as an illustration, is the fundamental building block to communicate the City’s desired outcome to accommodate the complex and diverse needs of its residents. The Future Land Use Map in the Bozeman Community Plan 2020 designates the property as Urban Neighborhood. The intent of the Urban Neighborhood designation is to allow for a variety of types, shapes, sizes and intensity of homes. Furthermore, the Community Plan states that large areas of single types of housing are discouraged. The REMU zoning district allows for a variety of housing options at a variety of intensities. South Range Crossing North | ZMA May 2023 | 7 In addition, to the REMU and Urban Neighborhood portion of the property, the proposed B-2M portion also seeks to serve the goals of the Community Plan. It is understood that a Growth Policy Amendment is needed prior to B-2M being an implementing zoning district and as such is submitted concurrently with this application. The intent of B-2M 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. This amendment seeks to achieve the stated goal to create neighborhoods that “pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations.” This development pattern is consistent with several goals and objectives of the Community Plan including: N-1.1 Promote housing diversity, including missing middle housing. This request to zone this property REMU will allow for the creation of more housing units than are currently allowed in the R-1 and R-2 zoning districts. The wide range of allowed residential uses allows for creativity and flexibility when land planning the project site. Additionally, the minimum density requirements in REMU are higher than that of R-1 & R-2 so any proposed project will be required to provide more housing that is currently required. The hope is that this wide range of residential uses will allow for the creation of a variety of housing types to be considered, hopefully lowering the end price point and creating more missing middle, obtainable housing. N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing. With residential use, the current R-1 and R-2 Zoning only allows for single and two-family homes. The REMU and B-2M zoning would allow for a significant increase in the number of units that could take the shape of a variety of product types. The REMU zoning allows for every residential land use outside of a manufactured home community (which is only allowed in RMH). B-2M allows for a range of residential housing types as well but primarily based in the multifamily realm. N-1.5 - Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. The Yellowstone Theological Institute site is centrally located on the south side which will create a focal point and potential node along the south side of Bozeman. This area has a significant amount of residential both planned/under construction and already built. By quick estimations there are over 6 South Range Crossing North | ZMA May 2023 | 8 thousand units built or going through the planning process. According to the EPS Demographic and Real Estate market Assessment of January 2018 a population size of 6,500 could support 128,000 square feet of commercial area. This site is the best location for the creation of this neighborhood commercial center and B-2M and REMU are the best zoning designations to help promote this commercial node. N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. This project site is in close proximity to several schools. Additionally, this site is located at the intersection of two high classification roadways. Finally, the multimodal network in this area is rapidly expanding and will be further expanded by any future development. This project site is in the perfect location for creating a commercial hub on the south side of Bozeman. 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 develop. There is a significant amount of residential in the area and now is the right time for commercial development to follow. This site is in the best location to achieve this given its access to the existing street network. Goal N-3: Promote a diverse supply of quality housing units. N-3.1 Establish standards for provisions of diversity of housing types in a given area. The REMU district allows for the construction of a full range of residential buildings. The B-2M district also allows for a wide range of multi-family residential buildings. This supports the opportunity for diversity of supply. Quality of housing will be assessed and assured during subsequent development review for compliance with both the UDC and the adopted buildings codes. Furthermore, the surrounding area shows the diverse nature of building products in the area. N-3.8 Promote the development of "Missing Middle" housing (side by side or stacked duplex, triplex, live- work, cottage housing, group living, rowhouses/ townhouses, etc.) as one of the most critical components of affordable housing. The proposed REMU and B-2M zoning is in alignment with the goals of development for the “missing middle” housing by allowing higher densities and a more diverse array of housing types than the currently allowed in the R-1 and R-2 zoning districts. Multi-household dwellings, such as apartments, two- and three-household dwellings and townhouses/rowhouses, are permitted uses within the proposed zoning districts. Allowing these extra housing types will hopefully allow for the creation of smaller units which in theory could help meet this missing middle demand. Goal DCD-2.2: Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. South 19th Street is shown in the transportation plan to be a principal arterial, the most intensive category of streets. South 19th Street spans almost the entire length of the City of Bozeman, connecting the northern, southern, and central areas of the City while running through the geographic center of the City. This road is a main corridor through town and therefore, placing B-2M next to it meets this South Range Crossing North | ZMA May 2023 | 9 community plan goal. Additionally, Graf Street is a collector street which is also planned to carry a large percentage of traffic. These two major corridors make the perfect location for placing commercial and high density residential. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. This site being centralized on the south side and also being along two major roadways make it the best location for neighborhood-scale commercial development. The B-2M and REMU are the best zoning districts to help promote this neighborhood commercial. 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. b. Will the new zoning secure safety from fire and other dangers? How? Yes. The subject property is currently served by the City of Bozeman Fire and Police Departments. The fire department can access this site. Additionally, these departments will review any future development of the property during site plan review ensuring adequate services can be provided. Any future development will conform to the City of Bozeman public safety, building, setback and land use requirement in compliance with the UDC. Any building will go through the building permitting process to ensure safety from fire and other dangers. This zoning changes will therefore will not have an impact on site safety. c. Will the new zoning promote public health, safety and welfare? How? Yes. Future development of the site will require site plan review and compliance with the City’s Unified Development Code which ensures the promotion of public health, safety and general welfare. The proposed amendment will not put undue burden on municipal services, emergency response capability, or similar existing requirements. Furthermore, any future development will be reviewed as a site plan application which will allow for the appropriate City departments to weight in municipal services, and emergency response capability. Any future development on this site will require the extension of city services including road, water and sewer. These expansions will help promote health, safety and welfare. d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements? How? Yes. Future development of the project site will require site plan review and compliance with the standards in the City’s Unified Development Code ensuring adequate provisions of transportation, water, sewage, schools, parks and other public requirements. As stated 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 the needed infrastructure and services. If it is determined during the site planning process that additional improvements are needed to adequately serve the project, those improvements would be required to be constructed and/or pay impact fees, assessments, taxes to ensure adequate transportation, water, sewage, schools, and parks for these sites. Public infrastructure to serve the future development will be determined during the site planning process and City review. e. Will the new zoning provide reasonable provision of adequate light and air? How? South Range Crossing North | ZMA May 2023 | 10 Yes. The subject properties are within City limits and subject to the Unified Development Code, which has provisions for setbacks, lot coverage, height, and open space to specifically address concerns about access to adequate light and air. Future development of the project site will also be subject to the provisions of the Building Codes adopted under Chapter 10 of the municipal code These adopted codes ensure adequate light and air including park and recreation requirements, maximum building heights, on-site open space requirements, lot coverage and setback requirements. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? Yes. Additional development permitted within the REMU and B-2M zoning districts is likely to result in increased trips along South 19th Avenue and W Graf Street. This property is uniquely situated in that it is already served by two high classification roadways. Future development of the property will be required to comply with transportation-related standards and be examined for impacts on surrounding streets, intersection, and sidewalks. Any future development will likely require a Traffic Impact Study to gauge the potential impacts of future development. Any potential impacts as an outcome of that study will be mitigated for as a part of the site planning process. The applicant acknowledges that any future development may require the property owners to waive their right to protest the creation of a future Special Improvement District (SID) and participate in funding nearby future infrastructure improvements that may be required to offset impact created by development. This site does have a planned PROST Trail running through the property. This trail will be established through any future site planning/subdivision applications. g. Does the new zoning promote compatible urban growth? How? Yes. The Future Land Use Map included in the Bozeman Community Plan establishes the preferred and compatible development pattern. The categorizations and descriptions act as a guide for what is considered compatible and appropriate. Thorough research and planning has gone into the creation of these map categories to ensure the long-term visions and goals of promoting sustainability, safety and a high quality of life. This property is designated as Urban Neighborhood on the Future Land Use Map. The REMU zoning district is listed as one of the compatible zones under this designation. In addition to this, the proposed GPA to redesignate a portion of the property to Community Commercial Mixed Use would allow for the zoning of B-2M. The growth policy supports development that provides a range of housing options to meet the needs of residents. The growing demand for housing suggests the proposed REMU and B-2M zoning districts are appropriate to facilitate higher densities and variety in housing options in proximity to commercial areas. Furthermore, the proximity to high classification roadways and being centrally located makes this an idea location for a mixed-use development. Future development on the project site must conform to the City’s zoning standards, such as setbacks, building heights, and parking requirements, to ensure compatibility of uses. The UDC defines compatible urban growth to not require uniformity in order to insure compatibility. Furthermore, the city’s zoning ordinance defines the uses and development standard associated for proposed development under the auspices of each zoning. The proposed REMU and B-2M Districts include a range of uses that are appropriate and compatible with the surrounding neighborhoods. h. Does the new zoning promote the character of the district? How? South Range Crossing North | ZMA May 2023 | 11 Yes. The Montana Code Annotated states, “ …legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promotion of general health, and life safety of the community]of this part.” 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. It appears that this criterion was implemented more for Zone Text Amendments. It is vital when changing the text in the code to evaluate how the proposed changes may alter the character of the district but in this case the request is to rezone the property. The character of the district as the intent of the REMU Zoning District is to: “…the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by: • Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. • Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. • Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. • Providing standards and guidelines that emphasize a sense of place: • Providing standards and guidelines that emphasize natural amenities: • Providing standards and guidelines that emphasize the development of centers: • Promoting the integration of action: • Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types.” The character of the district as the intent of the B-2M Zoning District is to: “…The intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. 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.” i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Yes. The proposed REMU and B-2M zoning districts are directly adjacent to existing REMU zoned lots to both the north and south making the suitability quite large. Additionally, there are several other parcels in the general vicinity zoned either R-3, or R-4. The allowed uses in these zoning districts are largely the same. This creates a condition with large areas of residential uses, without commercial nearby. Allowing South Range Crossing North | ZMA May 2023 | 12 the development of a commercial node in this area would alleviate vehicular traffic on local roadways by providing residents of this area with walkable community assets. j. Was the new zoning adopted with a view of conserving the values of buildings? How? Yes. The proposed amendment does not modify the existing standards of the REMU and B-2M districts. Therefore, the impact of the amendment should be evaluated to the extent of this subject property rather than other areas zoned R-1 and R-2. The subject property does not currently have any existing structures located within its boundaries. REMU and B-2M zoning allows for diverse development on the subject parcel but will have no negative effect on the community character within the amendment boundary. Any new structures will be required to meet the requirements of the Bozeman Unified Development Code which has standards in place to regulate things like setbacks, height, and lot coverage. Compliance with these standards will alleviate any potential negative impacts to the values of anyone property in the vicinity. k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? How? Yes. As stated above, this property has been planned for urban residential uses for many years. The Community Plan illustrates the most appropriate uses of land through the future land use map. The future land use map category in this case identifies these parcels as urban neighborhood as the most appropriate type of development for this property. The REMU zoning district in this case will match the zoning of the property directly to the north. There is a growing demand for housing in the city, and the while proposed zoning designations provide for a variety of housing options to meet this need, the GPA will also address the need for the development of a commercial node to support these residential uses. The B-2M zoning district will allow for more focused and significant commercial development to serve both the future residents of this property, and the surrounding communities as well. The need for this commercial node is ever present on the south side of Bozeman and this central location will allow visitors to frequent the site from any mode of transportation. South Range Crossing North | ZMA May 2023 | 13 The Unified Development Code further contains standards and review procedures that will 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. 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 REMU zoning adjacent to the site as well as the other residential zones in the areas allow for a range of both residential and commercial in the vicinity of this site. These prevailing uses are not substantially different. Bozeman has deliberately developed a zoning system that includes districts with diverse uses and opportunities. The city has chosen to encourage diverse development and avoid single use concentrations. Furthermore, a portion of the property is directly adjacent to the zoning district it is requesting. REMU and B-2M zoning, and the potential uses are 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 neighborhood, community and general public? This zone change is for a 35.069-acre site and conceivably will benefit the surrounding neighborhood as a whole. The REMU and B-2M districts are implementing zoning districts for the Urban Neighborhood and Community Commercial land use categories. Furthermore, the proposed zoning of REMU and B-2M allows for a range of uses to occur on the project site as well as for the emergence of a commercial node to happen. This commercial node will conceivably benefit the entire southside of Bozeman. South Range Crossing North | ZMA May 2023 | 14 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 ZMA does not represent special legislation designed to benefit the landowner at the expense of the adjacent property owners. The proposed zoning is partially the same zoning as the adjacent properties, and therefore it is difficult to foresee this proposed zoning, respectively, will negatively impact the surrounding landowners. The proposed B-2M portion of this ZMA is intended to allow for commercial uses which will support the surrounding residential uses by reducing car dependency for said residents by providing commercial resources within close proximity to their homes. Additionally, the proposed zone change is compatible with City policies and state statute governing the approval of such requests. 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 landowners.