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HomeMy WebLinkAbout17423 Ziegler Application - Single file1 Evaluation Criteria for Amendments to Zoning Regulations a. Is the new zoning designed in accordance with the growth policy? a. Yes. The zoning designation in the growth policy is Industrial. We are asking for the same designation. b. Will the new zoning secure safety from fire and other dangers? Yes. How? Currently, there is no fire service for this property. By annexing to the City, City services, including fire will service the property. c. Will the new zoning promote public health, public safety and general welfare? Yes. How? In this case, the change would not impact public health as it will simply allow the current use of the property to continue. It will not affect public safety, but would increase general welfare by allowing the owner to continue to operate his business, which employees a number of people in the valley. It is in the best interest of the public to continue to allow this use, and similar uses on this property. d. Facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. Yes. How? In this case, the sewer system is over 40 years old. While one was permitted, the other was not. Furthermore, the well is old. By annexing into the city with the Industrial designation, the water and sewer would be brought in to serve the buildings currently located on the property. This will allow the two septic systems to be terminated. The sunsetting of septic fields in the growth area is a planning goal. e. Will the new zoning provide a reasonable provision of adequate light and air.Yes. All have adequate light and air. It is a large lot with the buildings already in existence. Therefore, there is a reasonable provision of adequate light and air. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? No. How?As this property is already developed for M-I in the county, there will be no change from past use. g. Will the new zoning promote compatible urban growth? Yes. How? This is absolutely compatible as it is simply an extension of the already industrial area, it does not have any motorized access to residential areas. h. Does the new zoning promote the character of the district and its peculiar suitability for particular uses Yes. How? The property is already designated in the county as an M-1 and is designated in the Growth Policy as Industrial. i. Does the new zoing address the affected area’s peculiar suitability for particular uses? Yes. How? The area is an industrial area. This property was used in an industrial manner for the last 40 or more years. Therefore, an industrial zoning would be consistent with the particular uses. j. Does the new zoning Conserving the value of buildings and encouraging the most appropriate use of land thorough out the jurisdictional area. According to the Montana Supreme Court, The purpose of zoning is not to provide for the highest or best use of each particular lot or parcel of land 2 within the zones or community, rather it is to benefit the community generally by the sensible planning of land uses taking into consideration the peculiar suitabilities and most appropriate use of land throughout the community. Boland v. City of Great Falls, 275 Mont. 128, 136, 910 P.2d 890, 895 (1996) 2. Provide an exhibit showing existing county zoning designations and the proposed zoning designation clearly labeled. Done. Annexation Checklist: 1. Commission Resolution No. 3907 goals a. Is the property contiguous by the City of Bozeman: Yes b. Is the property wholly surrounded by the City of Bozeman? No c. Is the property currently contracting with the City of Bozeman for municipal services? No. d. Does the property lie with the service boundary of the existing sewer system as depicted in the City’s growth policy? Yes 2. Commission Resolution No. 3907 policies a. Is the property owner willing to dedicate needed easements and/or right of way for collector and arterial streets. Yes. b. Is the property owner willing to sign waivers of right to protest the creation of suture SIDs to provide the essential services for future development of the City. Yes c. Is the property owner willing to transfer usable water rights or an appropriate fee in lieu thereof, to serve the expected population of the land when fully developed? Yes d. Does the desired future development of the subject property conform to the City’s growth policy? Yes e. The property will need to be rezoned with an initial urban zoning designation. The zone map amendment will be reviewed concurrently with this application. Is a zoning map amendment application included with this application? Yes. f. Do unpaved county roads comprise the most commonly used route to gain access to the property? No g. If it is found that adequate services cannot be provided to ensure public health, safety and welfare, has the property owner provided a written plan for the accommodation fo these services? The Owner and the county has already assessed the services and determined that they are available and can be provided. Therefore, this should not be necessary. h. Does the property owner acknowledge tha the City of Bozeman assesses a system development /impact fee and agrees to pay any applicable development/impact fees in accordance with Chapter 3.24 of the BMC? Yes 3. If the property is currently in agricultural use please identify current crops/conditions. N/A 4. Number of residential units existing on the property? 0 5. Number and type of commercial structures on the property? 3 1 warehouse, 1 rented to Lone Mountain Gymnastics, 1 rented to the Archery business. There is also a movable food truck. 6. Estimate of existing population of the property? 0 7. Assessed value of the property? $1,234,900.00 8. Existing on site facilities and utilities? Gas, Power, telephone, septic and well. 9. Any additional information?