HomeMy WebLinkAbout11-06-17 City Commission Packet Materials - A3. Peterson Annexation and Zone Map AmendmentPage 1 of 20
17433, Staff Report for the 2017 Peterson Annexation and Zone Map
Amendment
Public Hearing Dates: Zoning Commission public hearing is on October 17, 2017.
City Commission public hearing is on November 6, 2017.
Project Description: Annexation of 5 acres and amendment of the City Zoning Map for the
establishment of a zoning designation of B-2, Community Business.
Project Location: 3221 Baxter Lane
Recommendation: Approval with terms of annexation and 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 17433 and
move to recommend approval of the 2017 Peterson Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended City Commission Annexation 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
17433 and move to approve the 2017 Peterson Annexation with recommended terms
of annexation, and direct staff to prepare an annexation agreement for signature by
the parties.
Recommended City Commission Zoning 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 17433 and
move to approve the 2017 Peterson Zone Map Amendment, with contingencies
required to complete the application processing.
Report date: October 26, 2017
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
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Project Summary
Annexation of 5 acres of property NE of the intersection of Davis Lane and Baxter Lane. The
property is surrounded by the City and the last of the quadrants of the intersection to be
annexed. There is one existing house on the property.
The application seeks approval for designation of the property as B-2 after annexation. The
application appears to satisfy the applicable annexation and zoning amendment criteria.
Zoning Commission
The Zoning Commission conducted their public hearing on October 17, 2017. Public
comment was received at that time. See Appendix A for further discussion. The Zoning
Commission unanimously recommended approval of the PLI zoning as requested. The video
of the meeting is available at https://www.bozeman.net/services/city-tv-and-streaming-audio.
Alternatives
As identified by the City Commission.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Zoning Commission ............................................................................................................ 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 5
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
Annexation .......................................................................................................................... 8
Zone Map Amendment ....................................................................................................... 8
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS .................................. 9
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 13
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 15
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APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 16
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 18
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 20
FISCAL EFFECTS ................................................................................................................. 20
ATTACHMENTS ................................................................................................................... 20
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SECTION 1 - MAP SERIES
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Future Land Use Map, Figure 3-1
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified as
the “2017 Peterson Annexation.”
2. An Annexation Map, titled “2017 Peterson Annexation Map” with a legal description of
the property and any adjoining unannexed rights-of-way and/or street access easements
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must be submitted by the applicant for use with the Annexation Agreement. The map
must be supplied on a mylar for City records (18" by 24"), a reduced 8 ½" by 11" or 8 ½”
by 14" exhibit for filing with the Annexation Agreement with the Office of the Gallatin
County Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map
must be acceptable to the Director of Public Works and the City Engineer’s Office, and
must be submitted with the signed Annexation Agreement.
3. The land owners and their successors must pay all fire, street, water and sewer impact
fees at the time of connection; and for future development, as required by Chapter 2,
Bozeman Municipal Code, or as amended at the time of application for any permit listed
therein.
4. The applicant must execute at the Gallatin County Clerk & Recorder's Office in
conjunction with the annexation, a waiver of right-to-protest creation of S.I.D.'s for a
City-wide Park Maintenance District, which would provide a mechanism for the fair and
equitable assessment of maintenance costs for City parks as part of the Annexation
Agreement.
5. The Annexation Agreement must include notice that, prior to development, the applicant
will be responsible for installing any facilities required to provide full municipal services
to the properties in accordance with the City of Bozeman's infrastructure master plans
and all City policies that may be in effect at the time of development.
6. The applicant must execute all contingencies and terms of said Annexation Agreement
with the City of Bozeman within 60 days of the distribution of the annexation agreement
from the City to the applicant or annexation approval shall be null and void.
7. The applicant must properly abandon the existing on-site septic tank and leach field
prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent (John Alston) for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been
completely disconnected from the old septic system prior to connection to the City sanitary sewer system.
8. The applicant must properly abandon the existing on-site well prior to connection to the City water system. Alternatively, the applicant may use the well for irrigation. The applicant must completely disconnect the on-site well from the house prior to
connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnect prior to connection of water service from the house to the City water system.
9. The applicant must pay cash in lieu of water rights to the City prior to annexation
($1,404). The annexation agreement shall address the determination of water rights with future development as set forth in Section 38.23.180.
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10. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Davis Lane including paving, curb/gutter, sidewalk, and storm
drainage. c. Intersection improvements to the intersection of Baxter Lane and Davis Lane. The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the applicant agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof.
SECTION 3 - 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 Peterson Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void.
2. That the applicant must submit a zone amendment map, titled “2017 Peterson 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 contain a metes and bounds legal description of the perimeter of the subject property including adjacent right-of-ways, 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.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, Staff recommends approval of
the requested annexation/ZMA with recommended terms.
Advisory comments
In addition to the terms of annexation, the DRC also provided some advisory comments
regarding future development of the site.
1. The applicant requested to define the accesses to the property as a condition of
annexation. However, accesses onto Davis Lane and Baxter Lane from this property would
not meet the drive access separation requirements defined in Bozeman Municipal Code
(BMC) 38.24.090.D.3 for arterial streets. Therefore, the applicant must submit proposed
drive access locations and configuration and submit a deviation request to the access
standards per BMC 38.24.090.H.3 before a determination can be made regarding allowable
access configuration and location.
2. No water mains currently exist adjacent to the property. Upon future development, those
water mains must be constructed in conjunction with or prior to street and intersection
upgrades at Davis Lane and Baxter Lane. Water main sizes and locations must be consistent
with the City’s Water Facility Plan Update. If the City constructs those water mains prior to
development on the site, the developer will be required to reimburse the City the cost of
water main construction and water service(s) to the site.
3. Upon future development, the street sections of Baxter Lane and Davis Lane adjacent to
the property boundary must be constructed. If the City constructs those street improvements
prior to development, the developer will be required to participate in the cost of the adjacent
streets upgrade upon development.
The City Commission will hold a public hearing on the annexation on November 6, 2017.
The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6
p.m.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The 2017 Peterson Zone Map Amendment (ZMA) is in conjunction
with an annexation request. Staff’s recommendation and staff responses are predicated
on approval of the annexation.
The Zoning Commission held a public hearing on this ZMA on October 17, 2017 and
forwards a recommendation of approval to the Commission on the Zone Map amendment.
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The City Commission will 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 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 4400 Criteria
Commission Resolution No. 4400 Goals
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
Yes. The property in question is contiguous to the City limits on the south and west.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the
City, without regard to parcel size.
Yes. The subject property is a part of a pocket of wholly surrounded unannexed property. It
will advance the City’s intent to annex all wholly surrounded property to annex this parcel.
Goal 3: The City shall seek to annex all property currently contracting with the
City for services such as water, sanitary sewer and/or fire protection.
Neutral. The subject property is not presently contracting for services.
Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land
proposed for development lying within the service boundary of the existing sewer
system as depicted in the Bozeman Growth Policy, and to encourage annexations within
the urban growth area identified in the Bozeman Growth Policy.
Yes. The subject property is within the growth area identified in the growth policy and within
the utilities service area of the City. No immediate development is proposed. However, the
requested zoning of B-2 shows an intention to development property as more than the
existing single home.
Resolution No. 4400 Policies
Policy 1: Annexations shall include dedication of all easements, rights-of-way for
collector and arterial streets, water rights, and waivers of right-to-protest against the
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creation of improvement districts necessary to provide the essential services for future
development of the City.
Yes. Term of annexation #10 includes requirements for provision of waivers of right to
protest SIDs. The SIDs address improvements to streets immediately adjacent to the property
and that will benefit the future development of the property.
Provision of easements for Baxter Lane and Davis Lane will occur prior to annexation. There
is a multi-party agreement for transfer of the property and grant of easements to the City. By
the terms of that agreement the easements will be provided prior to annexation. This
requirement will therefore have been met and no additional easement is required at time of
annexation.
Term of annexation #9 addresses water rights. The site is too small to meet the deferral
criteria in Section 38.23.180. The amount specified in #9 is that due for a single home. The
need for additional rights will be reviewed and addressed with any future development
application.
The property is at the corner of two arterial streets. The City has standards for a required
separation between vehicle accesses onto arterial streets. Windward Avenue will eventually
be extended north of Baxter Lane and will provide a properly separated access. However, the
property where Windward Avenue will extend is not annexed and not controlled by the
applicant. The city needs to allow enough access to enable a property to be viable but must
also consider the safety of the traveling public and impacts of adjacent intersections. The
applicant has suggested and the staff agree that a separate agreement for temporary
placement of accesses with an obligation by the applicant to relocate them when Windward
Avenue is available is a suitable option to address this issue.
Policy 2: Issues pertaining to master planning and zoning shall be addressed in
conjunction with the application for annexation.
a. The initial application for annexation shall be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, said amendment process may be initiated by the applicant and conducted
concurrently with the processing for annexation.
Yes. The property is designated “Community Commercial Mixed Use.” No growth policy
amendment is needed.
b. Initial zoning classifications of the property to be annexed shall be determined by the
City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, prior to final annexation approval.
Yes. The applicant has applied for a Zone Map Amendment to establish an initial municipal
zoning designation of “B-2, Community Business.” The required zone map amendment
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review process is being conducted. The Zoning Commission recommends favorably on the
amendment.
c. The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
Yes. The applicant/owner has indicated that they prefer a zoning designation of “B-2,
Community Business.”
Policy 3: Fees for Annexation procedures shall be established by the City Commission.
No fee will be charged for any City-initiated annexation.
Yes. The appropriate application processing and review fees accompanied the application.
Policy 4: It shall be the general 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.
Yes. The property proposed for annexation is accessed by paved roads. Annexation will
bring portions of the adjacent roads into the City.
Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee available services. Section 38.07.010.C of the Unified
Development Code states: “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed within
that district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.23.180 of the municipal code.
Yes. Cash-in-lieu (CIL) of water rights is required at the time of annexation as the property is
less than 10 acres in size. Deferral is therefore not allowed and payment is due at time of
annexation. There is a single home on the property at this time. CIL for a single home is
$1,404. The annexation agreement will address evaluation of future CIL in conjunction with
evaluation of future development. The CIL payment enables the City to obtain the necessary
water rights to deliver municipal treated water to the property. Cash-in-lieu will be evaluated
in the future as additional development occurs and additional payments will be required if
justified.
Policy 6: Infrastructure and emergency services for an area proposed for annexation will
be reviewed for the health, safety and welfare of the public. If it is found that adequate
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services cannot be provided to ensure public health, safety and welfare, it shall be the
general policy of the City to require the applicant to provide a written plan for
accommodations of these services, or not approve the annexation. Additionally,
annexation proposals that would use up infrastructure capacity already reserved for
properties lying either within undeveloped portions of the City limits or lying outside the
City limits but within the identified sewer or water service area boundaries, shall generally
not be approved.
Yes. City emergency services are available to the site upon annexation. The site is within the
water and sewer service area. The City makes its services available upon annexation.
Extensions of services will be the responsibility of the land owner. Water and sewer services
are available in the near vicinity of the project site. There will be a need for extension of
water mains in Baxter Lane.
Policy 7: It shall be the general policy of the City of Bozeman to require annexation of
any contiguous property for which City services are requested or for which City services
are currently being contracted.
Yes. Services are not yet contracted or requested. Service request will likely occur at time of
additional development.
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
Yes. Mapping to meet the requirements of the Director of Public Works must be provided
with the Annexation Agreement. Typically, this includes an 18-inch by 24-inch mylar map, a
reduced 8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the
metes and bounds legal description of said property. (Mapping requirements are addressed in
Recommended Term of Annexation #2).
Policy 9: It shall be the policy of the City of Bozeman to assess a system
development/impact fee in accordance with Chpt. 2, Art. 6, Div. 9 Bozeman Municipal
Code (Impact Fees), and in accordance with the Bozeman Growth Policy and other
policies as they are developed.
Yes. No impact fees are due at annexation of this parcel. Future development or connection
to water or sewer services will require payment of fees at that time.
Policy 10: Public notice requirements shall be in compliance with Montana Code
Annotated. In addition, notice shall be posted in at least one conspicuous location on the
site in question, and mailed to all owners of real property of record within 200 feet of the
site in question using the last declared county real estate tax records, not more than 45
days nor less than 15 days prior to the scheduled action to approve or deny the annexation
by the City Commission, specifying the [DATE], time and place the annexation will be
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considered by the City Commission. The notice shall contain the materials specified by
Section 38.40.020.A&B.1, BMC.
Yes. Notices of the public hearing have been sent and posted on the site as set forth under
this policy.
Policy 11: Annexation agreements shall be executed and returned to the City within 60
days of distribution of the annexation agreement, unless another time period is specifically
identified by the City Commission.
Yes. This policy item is specified in Recommended Term of Annexation #6.
Policy 12: When possible, the use of Part 46 annexations is preferred.
Yes. This annexation is being processed under Part 46 provisions. All property owners have
signed the petition for annexation.
SECTION 6 - 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. Table C-16 of the growth policy shows B-2 as an implementing zoning district for the
Community Commercial Mixed Use designation. The B-2 implements the commercial nodes
principle to provide employment and services to areas of the community. No conflicts with
the growth policy have been identified.
B. Secure safety from fire and other dangers.
Yes. Annexation will enable delivery of service from municipal police and fire which will
lessen response times to the site. Development of the site as B-2 will facilitate extension of
water and sewer services which will lessen likelihood of groundwater contamination. The B-
2 district has been found to have standards which address this criterion. Therefore,
application of this district will also address this criterion.
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C. Promote public health, public safety, and general welfare.
Yes. Development of the area with City of Bozeman standards will include construction of
pedestrian facilities which will improve safety. There are no existing pedestrian facilities on
the north side of Baxter Lane. Safe walking and biking facilities encourage physical activity
which promotes public health and welfare. Uses in the B-2 district have been found
compatible with adjacent commercial and residential uses when zoning standards are
followed. See also the findings in Criterion B.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. Annexation of the property will enable improved provision of transportation. Adoption
of the B-2 district is a provision of the private sale agreement that will enable the City to
obtain needed easements to expand the road. The absence of the easements has inhibited
improvement of the intersection of Baxter/Davis. Future development under B-2 will require
extension of water and sewer services. As a commercial property, the area is less likely to
require school or park services. However, if residential is developed on the site, then
mitigating park dedication requirements will apply.
E. Reasonable provision of adequate light and air.
Yes. The B-2 district includes minimum setbacks that address this criterion. Future
development will also be subject to the building codes which address minimum ventilation
requirements. Any future residential development will be required to provide both parkland
and on-site open space to address this criterion.
F. The effect on motorized and non-motorized transportation systems.
Yes. Annexation of the property will enable improved provision of transportation. Adoption
of the B-2 district is a provision of the private sale agreement that will enable the City to
obtain needed easements to expand the road. The absence of the easements has inhibited
improvement of the intersection of Baxter/Davis. Road expansion will include the addition of
pedestrian and biking facilities that are presently missing. The overall effect of development
under the B-2 standards will improve both motorized and non-motorized systems. Baxter
Lane and Davis Lane are both minor arterials. They are intended to carry substantial traffic
and should be able to meet the needs of the project site. Development of this site with B-2
uses will place employment and services in near proximity to residential uses which may
increase non-motorized travel and lessen demand for vehicle travel.
G. Promotion of compatible urban growth.
Yes. The proposed site is an unannexed inholding within the City. Development will be an
inward growth of the community. This is a preferred pattern in the growth policy. The area is
also within a defined community commercial node which places key services near to
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residences. This is a compatible form of urban growth similar to that seen in Downtown
which has thrived for many years.
H. Character of the district.
Yes. This site is adjacent to a large area of B-2 already existing to the west. Adjacent
properties to the south are developed as residential. The area has been planned for
development with both uses for many years in various editions of the community’s growth
policy. There is lower density, unannexed, rural residential style development to the east and
north. This type of use has been there for many years. The area is now completely
surrounded by the City of Bozeman and has been changing as owners have chosen to annex
and develop their property. This changing character is consistent with the request to rezone
this parcel. The B-2 district is a medium density commercial district.
I. Peculiar suitability for particular uses.
Neutral. The property is generally flat, in near proximity to urban services, and suitable for
more intensive development. It does not have any physical features that make peculiarly
suitable for any specific use. Location at the intersection of two arterial streets does facilitate
the type of vehicular access beneficial to many commercial uses.
J. Conserving the value of buildings.
Neutral. There is one house on the property. The owners are selling the property for the
purpose of development. It is not expected that the existing house will remain in the long
term. Development under the standards of B-2 will address impacts to adjacent property that
has different uses and zoning to mitigate any potential negative effects.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The property is planned and sited for development as a commercial area. The B-2
zoning is consistent with this planning and purpose. The development of this property as an
inward extension of the City advances a variety of planning goals and purposes set forth in
the growth policy and annexation policy. The continuing use of the property for low density
uses is not consistent with these documents.
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.
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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 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 public hearing
relevant to this project.
A photo of the site posted notice is below.
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There were two public comments in opposition to the amendment at the Zoning Commission.
Two written comments in protest to the application were received. Copies are attached to this
report. The video of the Zoning Commission meeting is available on-line
at https://www.bozeman.net/services/city-tv-and-streaming-audio.
The image below shows the location of the parcels owned by the protesters in purple. The
distance for a zoning protest to require a supermajority action by the City Commission is
established in state law, 76-2-305, MCA. The City may not alter that distance. The City
provides notice beyond the protest distance as well as posting on site. As shown on the
following image, there are 15 lots within the possible protest area. The two protests received
are outside of the protest area. Even though the comments do not trigger the require
supermajority vote they are still public comments to be considered.
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APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation: The property is designated as Community Commercial Mixed Use in the Bozeman Community Plan. “Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. “Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation.” Community Commercial Mixed Use has a wide variety of options with which this project currently complies and would become more in alignment with through rezoning. For example:
• This land use must typically be located on one or two quadrants of intersections of arterials and/or collectors.
• Mixed use areas must be developed in an integrated, pedestrian friendly manner and must not be overly dominated by any single land use.
• A Floor Area Ratio in excess of .5 is desired.
• Large Community Commercial Mixed Use is intended to service the larger community as well as adjacent neighborhoods within an approximately 1-mile radius and is typically over 15 acres in size.
• Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections.
• As needed, building height transitions should be provided to be compatible with adjacent development.
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Staff Report for the 2017 Peterson Annexation and Zone Map Amendment Page 19 of 20 The following table from the Bozeman Community Plan shows the B-2 zoning correlation with the underlying Community Commercial Mixed Use growth policy designation.
Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2, community business district with this application. The intent of the B-2 District is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets.
The allowed uses, setbacks, heights and other basic standards for B-2 can be found online
at https://library.municode.com/mt/bozeman/codes/code_of_ordinances?nodeId=PTIICOOR
_CH38UNDECO_ART10COZODI.
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Staff Report for the 2017 Peterson Annexation and Zone Map Amendment Page 20 of 20
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: William and Dianne Peterson, 3221 Baxter Lane, Bozeman MT 59718
Applicant: Baxter Meadows Land Partners, LLC, 12388 Timberline Drive, Highland UT 84003
Representative: Jason Leep, 696 St. Andrews Drive, Bozeman, MT 59715
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
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
Public comment
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N89°44'44"E 661.58'S00°17'57"W 331.56'S89°44'05"W 661.42'N00°16'16"E 331.68'
REVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:17048ANNX1REV DATE
PETERSON ANNEXATION & ZONE MAP AMENDMENT
BOZEMAN, MONTANA
ANNEXATION MAP
FILM 22, PAGE 966 PLAT, LOCATED IN THE SW 1/4 OF SEC 35, T1S, R5E, P.M.M.B17-0488/29/17167/73.DWG1/2SA406.586.0277 • tdhengineering.com
Engineering
234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715398
REVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:17048ANNX1REV DATE
PETERSON ANNEXATION & ZONE MAP AMENDMENT
BOZEMAN, MONTANA
ANNEXATION MAP - VICINITY
LOCATED IN THE SW 1/4 OF SEC 35, T1S, R5E, P.M.M.B17-0488/29/17167/73.DWG2/2SA406.586.0277 • tdhengineering.com
Engineering
234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715399
N89°44'44"E 661.58'S00°17'57"W 331.56'S89°44'05"W 661.42'N00°16'16"E 331.68'ENGINEERING CONSULTANTS
THOMAS, DEAN & HOSKINS, INC.
QUALITY CHECK:
DRAWN BY:
CAD NO.
JOB NO.
DATE:
17048 ZMA X1.dwg
B17-048
8/30/17
sa
FB:167/73
Layout: 8.5x11
ZONING B-2
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