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17454, Staff Report for the 2017 Second High School Annexation and Zone
Map Amendment
Public Hearing: Zoning Commission public hearing is on October 17, 2017
Project Description: Annexation of 36.896 acres and amendment of the City Zoning Map
for the establishment of a zoning designation of PLI, Public Lands and Institutions.
Project Location: The property is located east of N. Cottonwood Road and west of
Flanders Mill Road between the future extensions of Oak and Annie Streets. The
property is legally described as Tract 1A2 of Certificate of Survey 2554B, City of
Bozeman, Gallatin County, Montana.
Recommendation: 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 17454 and
move to recommend approval of the 2017 2nd High School Zone Map Amendment,
with contingencies required to complete the application processing.
Report: October 12, 2017:
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The Bozeman High School District finds that a second high school is necessary to meet the
educational needs of the District students. They have selected a site and are now pursuing
annexation and municipal zoning of the property in preparation for construction of a new
high school. The requested PLI, Public Lands and Institutions District, is a good fit for the
proposed use. The property is between an existing school site to the south and a large City
park to the north, both zoned PLI.
Alternatives
As identified by the City Commission
Staff Report for the 2017 Second High School Annexation and Zone Map Amendment
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 1
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 4
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
Zone Map Amendment ....................................................................................................... 4
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 5
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 8
APPENDIX A - NOTICING AND PUBLIC COMMENT ...................................................... 8
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ..................... 9
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 11
FISCAL EFFECTS ................................................................................................................. 11
ATTACHMENTS ................................................................................................................... 11
Staff Report for the 2017 Second High School Annexation and Zone Map Amendment
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SECTION 1 - MAP SERIES
Staff Report for the 2017 Second High School Annexation and Zone Map Amendment
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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. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the "2017 Second High School Zone Map
Amendment." All required documents must be returned to the City within 60 days of
the date the City distributes the annexation agreement associated with this application
or the preliminary approval shall be null and void.
2. That the applicant must submit a zone amendment map, titled "2017 Second High
School Zone Map Amendment", on a 24" by 36" mylar, an 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. Said map shall either contain a
metes and bounds legal description of the perimeter of the subject property including
adjacent right-of-ways, or reference to a recorded plat or certificate of survey
incorporating the entire property, and total acreage of the property.
3. That the Ordinance for the Zone Map Amendment shall not be finalized 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 shall be null and void.
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 unless the entire area to be amended is included within the bounds
of a recorded certificate of survey or plat.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The 2017 Second High School Zone Map Amendment (ZMA) is in
conjunction with an annexation request. Staff’s recommendation and staff responses are
predicated on approval of the annexation.
Staff Report for the 2017 Second High School Annexation and Zone Map Amendment
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The Development Review Committee (DRC) considered the amendment on October 11,
2017. The DRC did not identify any infrastructure or regulatory constraints that would
impede the approval of the application.
The Zoning Commission will hold a public hearing on this ZMA on October 17, 2017 and
will forward a recommendation to the Commission on the Zone Map amendment.
The City Commission is presently scheduled to hold a public hearing on the zone map
amendment on November 6, 2017. The meeting will be held at 121 N. Rouse Avenue,
Bozeman. The meeting will begin at 6 p.m.
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
In considering the criteria the analysis must show that the amendment accomplishes criteria
A-D. Criteria E-K must be considered and may be found to be affirmative, neutral, or
negative. A favorable decision on the proposed application must find that the application
meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative
outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. As shown in Appendix B of this report, the PLI district is an implementing zoning
district for the Residential future land use. The property is planned as Residential. A review
of the growth policy found no conflicts with the goals and objectives of the growth policy.
Section C-7, Appendix B, and Appendix H of the growth policy discuss current educational
characteristics of Bozeman and the need for additional school sites.
Goal PS-2: The City shall work with other service and utility providers to ensure the
adequate and safe provision of services.
Rationale: Public and private utilities often are located within the same rights-of-way and
easements. Coordination between providers is essential to prevent conflicts, damage, and
injury. Services are necessary to support urban development.
Objective PS-2.1: Education - Ensure that the area around educational institutions has
adequate residential parking, facilities, bike paths, safe cross walks, and zoning to ensure
a high quality of life for school users and city residents.
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The City is working with District 7 to address this goal and objective as the annexation and
zoning review occur and as site development for the new high school is designed, reviewed,
and implemented.
B. Secure safety from fire and other dangers.
Yes. The site is within the service area of the Bozeman Fire Department and Police
Department. The PLI district is to be at the intersection of two arterial roads, Oak and
Cottonwood. The site has public right of way either existing or to be created with annexation
on all sides. This will provide good emergency access. The site is within the service area for
the Bozeman water and sewer utilities. This will provide adequate fire suppression capability
upon installation of properly placed fire hydrants. Hydrant locations will be established
during the review of the school development.
C. Promote public health, public safety, and general welfare.
Yes. The PLI district will support development of the 2nd high school. The PLI district intent
is: “The intent of the PLI public lands and institutions district is to provide for major public
and quasi-public uses…” The placement of the PLI district on this site will match the zoning
district and the use. A high school is an intensive use of land with significant traffic, water,
sewer, and other service demands during school and for other special events.
Section 38.13.020 reads in part “… all PLI development shall be subject to review and
approval as provided for by this chapter, based upon recommendations received from the
applicable review bodies established by article 33 of this chapter as may be applicable, and
shall be required to comply with all applicable underlying zoning requirements…”
The City has adopted the standards of Chapter 38 of the Bozeman Municipal Code to address
a wide range of public health, safety, and general welfare issues. These standards have been
in place for many years and have been tested by many different uses and users and found to
be adequate to their purposes. As the construction follows these standards this criterion will
be met.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. As noted in Criteria A and C, the PLI district is a good fit for a school. As noted in
Criterion C, compliance with adopted standards is expected which ensures that adequate
facilities are available. No new parks are required with non-residential development. The
City is working with the School District to coordinate investments to meet the needs of the
new facility.
E. Reasonable provision of adequate light and air.
Neutral. There setback requirements for the PLI district are those of any adjacent non-PLI
district. The site is bounded by existing or planned roads on all sides which provide
Staff Report for the 2017 Second High School Annexation and Zone Map Amendment
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opportunity for light and air to enter the site. Large portions of the site will be used for
parking and exercise facilities which will limit building coverage.
F. The effect on motorized and non-motorized transportation systems.
Neutral. A high school generates substantial demand for transportation. The site is bounded
by existing or planned roads on all sides of the area to be zoned as PLI. Two of these, Oak
Street and Cottonwood Road are major arterial streets which connect the site to the larger
community. The other two streets, Annie and Flanders Mill, are not arterials but provide
significant connections to adjacent residential areas. These roads will or do include both
motorized and non-motorized facilities.
The City has a long range transportation plan to consider necessary road links and
expansions. The City will use this plan in the evaluation of the future impacts of the high
school. Necessary improvements will be required and installed to offset the impacts of a new
school. Therefore, the effect of the PLI district designation will be largely neutral.
The City has recently or is now constructing significant expansions in traffic control and
additional driving lanes in the area that will service this site. Examples are widening of Oak
Street, a traffic signal at Durston and Cottonwood, widening of Cottonwood Road, and
installation of Ferguson Avenue among others.
G. Promotion of compatible urban growth.
Yes. PLI is an urban district which supports the construction of essential public services
necessary to support additional residential and non-residential development. The site is
currently wholly surrounded by the City so this site is an infill location. The PLI site for the
school will provide educational services to the immediately surrounding and extended
service area of the district.
H. Character of the district.
Yes. The properties to the north and south are also zoned as PLI. To the south is an existing
school operated by the School District. Properties to the east and west are separated from the
site by streets and are developed for residential uses. These homes will be where some of the
students for the new facility will live. Schools are included in the defined category of
Community Center and are allowed in all residential districts as well as PLI.
I. Peculiar suitability for particular uses.
Neutral. The site is generally flat and well situated for municipal services. It has no specific
geographical features that distinguish it from other particular sites in the near vicinity. The
site does have excellent street access existing or planned which will enable good access for
future users. Locations with similar access to utilities and streets and of an appropriate size
and configuration to support a high school are few.
J. Conserving the value of buildings.
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Neutral. There are no existing buildings on the site. The site is separated from any non-PLI
area by public streets which provide a buffer from activities on the site.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The PLI district will enable an intensive use to locate within the City where needed
services can be effectively provided. Locations with similar access to utilities and streets and
of an appropriate configuration to support a high school are few. Substantial residential
development has occurred in the NW part of the community. Placing PLI at this site will
facilitate delivery of important education services to the larger community and specifically
within the City of Bozeman.
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 qualifications (including
listing all owners of the property and the physical address and legal description of the
property), 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 Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice has been provided by posting the site, mailing a notice via USPS first class mail to all
owners of property within 200 feet, and publication of notice in the Bozeman Daily
Chronicle. All notices were provided at least 15 days and not more than 45 days before any
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public hearing relevant to this project. No public comment has been received as of the
writing of this report.
A photo of the site posted notice is below. Notice was placed along Cottonwood Road as
Flanders Mill to the east is under construction and not available to the public.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan
indicates that:
“This designates places where the primary activity is urban density dwellings. Other uses
which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. High density residential areas should be
established in close proximity to commercial centers to facilitate the provision of services
and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
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indicates that it is expected that development will occur within municipal boundaries, which
may require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32
dwellings per net acre. A higher density may be considered in some locations and
circumstances. A variety of housing types can be blended to achieve the desired density.
Large areas of single type housing are discouraged. In limited instances the strong presence
of constraints and natural features such as floodplains may cause an area to be designated for
development at a lower density than normally expected within this category. All residential
housing should be arranged with consideration of compatibility with adjacent development,
natural constraints such as watercourses or steep slopes, and in a fashion which advances the
overall goals of the Bozeman growth policy. The residential designation is intended to
provide the primary locations for additional housing within the planning area.”
As Table C-16 from the growth policy shows, the proposed zoning of PLI is an implementing
district for the future land use designation of Residential. Note in the first paragraph of the
description that schools are explicitly considered to be acceptable within this designation.
Proposed Zoning Designation and Land Uses:
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The applicant has requested zoning of PLI, Public Lands and Institutions District, in
association with the annexation of the property. The intent of the PLI public lands and
institutions district is to provide for major public and quasi-public uses outside of other
districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within
another district, however larger areas will be designated PLI.
The proposed use of the property is for a school. Adjacent uses include a public school to the
south, a large public park to the north, and residential development to the east and west.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Bozeman High School District 7, 404 West Main Street, Bozeman MT
59715
Representative: TD&H Engineering, Inc. 234 East Babcock Street, Bozeman MT 59715
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. The
City has made substantial investments in the area in expanding street capacity and additional
investments for streets and utilities are planned. These will be evaluated during the appropriate
capital facility planning and budgeting process.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application Materials