HomeMy WebLinkAbout18043 19th-Oak Plan Repeal GPA CC SR18-043, Staff Report for Repealing the N 19th/Oak Corridor Master Plan
Growth Policy Amendment
Public Hearing Dates: Planning Board February 6, 2018
City Commission March 5, 2018
Project Description: A growth policy amendment to repeal the North 19th Avenue / Oak
Street Corridor Master Plan originally adopted in 1997.
Project Location: The area is generally north of Durston Road bounded by 27th Avenue on the west and 8th Avenue on the east, and north to Interstate 90 to the north, and in a northwesterly direction to the intersection of East Valley Center Road and the extension
of Thomas Drive (N 27th Avenue) further described in the Plan. The entire area is within
the City of Bozeman, Gallatin County, Montana.
Recommendation: Approval
Planning Board Recommended Motion: Having reviewed and considered the application
materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report and recommend approval of the growth policy
amendment application No. 18-043 to repeal the North 19th Avenue/Oak Street
Master Plan.
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in
the staff report for Resolution 4891, a resolution to amend the growth policy, per
application 18-043 to repeal the North 19thAvenue/Oak Street Master Plan and move
to approve the Resolution 4891.
Report Date: January 31, 2018
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The N. 19th/Oak Street Corridor Master Plan was adopted on February 3, 1997 by Resolution
3160. As a result of annexation and development within the City of Bozeman this sub-area
plan is no longer an effective tool to manage growth in this area. In addition, the recent
Staff Report for the N 19thAvenue / Oak Street Corridor Master Plan Repeal GPA,
Application 18-043 Page 2 of 14
adoption of the revised development code, better known as the “UDC Update” further
renders the plan obsolete.
The N. 19th/Oak Street Corridor Master Plan can be viewed HERE. There are five general
goals of the plan outlined in Chapter IV of the document. They are (paraphrased) as:
1. Promote and enhance North 19th Avenue and Oak Street as major entryways into the City.
2. Promote the establishment, utilization, and/or protection of parkland, open space,
trails, and environmentally sensitive lands.
3. Provide for the establishment of commercial and business park areas that enhance Bozeman’s economy while being sensitive existing neighborhoods.
4. Protect existing neighborhoods and future residential development from conflicting
land uses.
5. Provide public facilities which can accommodate projected growth.
These goals have largely been achieved and will continue to be implemented by other
existing plans, zoning districts, the Bozeman Community Plan, and the revised Unified
Development Code “UDC”. There have been substantial changes to the City’s land
development regulations since adoption of the N. 19th/Oak Street Corridor Master Plan. In
addition, there are other overlapping plans with different objectives. The more recently
adopted N. 7th Avenue Connectively Plan overlays the N. 19th/Oak Street Plan east of 11th
Avenue.
The revised UDC integrated the design standards of the Entryway Corridors and site
planning to insure development supports economic development and mitigates potential non-
compatible land use conflict.
The N. 19th Avenue and Oak Street Corridor Master Plan generally assumes a suburban
standard for development in the corridor. The needs and goals of the City have evolved over
the last 20 years and, in the Department’s opinion, rendered the plan less than effective. Also,
substantial development within the area has established a character of the area.
Since the adoption of the N. 19th Avenue and Oak Street Corridor Master Plan, the City’s
growth policy has been updated twice. A third revision has begun while a full analysis of
whether or not the N 19th/Oak Street Plan comports with the current Community Plan has
not been done. However, Chapter 3, Land Use, of the Bozeman Community Plan has
identified urban density as a key principle in Bozeman’s development going forward. This
points to a significant likely conflict. As all neighborhood plans must conform to the overall
growth policy this issue needs to be resolved.
Finally, discussion with Planning Board regarding the update to the growth policy identified
as a task non-effective obsolete plans should be considered for repeal.
Staff Report for the N 19thAvenue / Oak Street Corridor Master Plan Repeal GPA,
Application 18-043 Page 3 of 14
The City Commission approved the resolution of intent to repeal the plan on January 29,
2018. The Planning Board will consider the amendment on February 6, 2018. Public
hearings will be held on February 6 and March 5, 2018. The resolution repealing the N. 19th
Avenue Oak Street Master Plan will be brought back before the City Commission on March
5, 2018, for final review and possible approval. A full analysis of the review criteria found in
Chapter 17 of the Community Plan is included with this report.
Alternatives
1. Approve the application with the recommended contingencies;
2. Approve the application with modifications to the recommended contingencies;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
Planning Board Action
The Planning Board will consider this action on February 6, 2018.
Staff Report for the N 19thAvenue / Oak Street Corridor Master Plan Repeal GPA,
Application 18-043 Page 4 of 14
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 3
Planning Board Action ........................................................................................................ 3
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2- CONTINGENCIES OF APPROVAL ................................................................ 7
SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS ...................................... 7
SECTION 4 - STAFF ANALYSIS AND FINDINGS ............................................................. 7
Section 17.4, Bozeman Community Plan Amendment Criteria. ........................................ 8
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............. 12
APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................... 14
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 14
FISCAL EFFECTS ................................................................................................................. 14
ATTACHMENTS ................................................................................................................... 14
Staff Report for the N 19thAvenue / Oak Street Corridor Master Plan Repeal GPA,
Application 18-043 Page 5 of 14
SECTION 1 - MAP SERIES
N 19th/Oak Street Corridor Master Plan Boundary
Staff Report for the N 19thAvenue / Oak Street Corridor Master Plan Repeal GPA,
Application 18-043 Page 6 of 14
Staff Report for the N 19thAvenue / Oak Street Corridor Master Plan Repeal GPA,
Application 18-043 Page 7 of 14
SECTION 2- CONTINGENCIES OF APPROVAL
No contingencies are required for action. The necessary resolution has been prepared and is
the basis for the action of the City Commission on March 5, 2018.
SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS
Project Name: The N 19th Avenue/Oak Street Corridor Master Plan Repeal Growth
Policy Map Amendment
File: 18-043
Having considered the criteria established for a growth policy map amendment, the Staff
recommends approval for the application as submitted.
The Planning Board will hold a public hearing on this GPA on February 6, 2018. The hearing
will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 7 p.m.
The City Commission will hold a public hearing on the growth policy map amendment on
March 5, 2018. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting
will begin at 6 p.m.
SECTION 4 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following criteria. As an amendment is a legislative action, the
Commission has broad latitude to determine a policy direction.
Few proposals are uniformly positive or negative in their effects. Especially in a legislative
policy arena such as a growth policy amendment the legislative body must balance competing
priorities and issues. The following criteria give guidance in evaluating a proposal. To reach a
favorable decision on the proposed application the City Commission must find that the
application meets all of criteria 1-4 and that the positive outcomes of the amendment outweigh
negative outcomes. In making these findings, they may identify that there are some negative
elements within a specific criteria but that on balance other positive elements outweigh the
negative.
Staff Report for the N 19thAvenue / Oak Street Corridor Master Plan Repeal GPA,
Application 18-043 Page 8 of 14
Section 17.4, Bozeman Community Plan Amendment Criteria.
1. The proposed amendment must cure a deficiency in the growth policy, or
improve the growth policy, to better respond to the needs of the general community;
The term “deficiency” is not defined in the growth policy. The Merriam-Webster dictionary
defines it as: “a lack of something that is needed; the state of not having enough of something
necessary: a problem in the way something is made or formed”.
In 1958 the City of Bozeman completed adopted its first comprehensive plan included
studies on transportation, street planning, zoning districts, parks and recreation, schools, park
roads, and sanitation and health. This plan focused on the development of a transportation
and street plan. Many present-day streets were constructed based on that planning effort. In
1960, the Planning Board updated the 1958 plan and largely revised the major street plan and
initiated updates to the City’s subdivision regulations, preparation of an industrial ordinance,
a recommendation to enact a transition overlay district, and recommended zoning for the
jurisdiction.
In 1972, a revised master plan was completed which included a comprehensive land use plan,
and land use maps for both the City and jurisdictional area. The 1972 plan also contained
sections on population, housing, physiographic constraints, economics, parks and recreation,
transportation, and an existing land use study. In addition, the Plan included concepts for
rural development nodes; a maximum density of one dwelling unit per 10 acres in
undeveloped rural areas; and discouragement of development in areas not served by
municipal water and sewer.
In 1983, the current Bozeman Area Master Plan was adopted and revised in 1990 by the
Bozeman Area Master Plan Update. This document updated, but did not totally replace, the
1983 plan. The 1990 Update achieved the following:
Simplified Master Plan land use recommendations, allowing for more flexibility in
decision making;
Gave a stronger vision to land use concepts and projects which recognized and
enhanced the Bozeman area’s unique environmental and cultural assets;
Encouraged more development within the Urban Growth Area, and less scattered
development in the un-serviced rural areas;
Identified long-term major capital improvement projects, beyond the scope of then
current annual funding, which will further the Master Plan;
Provided a basis for revision of the Bozeman Zoning Ordinance.
The N. 19th Avenue/Oak Street Corridor was adopted when a substantial portion of the study
area still cultivated for irrigated crops and used for livestock production. The construction of
N. 19th Avenue and the N. 19th Avenue/Interstate-90 interchange in 1995 and anticipated
construction of Oak Street, created an anticipation of growth in the area. Subsequently the
Staff Report for the N 19thAvenue / Oak Street Corridor Master Plan Repeal GPA,
Application 18-043 Page 9 of 14
corridor plan was created to guide development in the area. Chapter IV of the Plan details the
goals and objectives. They are:
1. Promote and enhance North 19th Avenue and Oak Street as major entryways into the City.
2. Promote the establishment, utilization, and/or protection of parkland, open space, trails, and environmentally sensitive lands.
3. Provide for the establishment of commercial and business park areas that enhance Bozeman’s economy while being sensitive existing neighborhoods.
4. Protect existing neighborhoods and future residential development from conflicting land uses.
5. Provide public facilities which can accommodate projected growth.
These goals have largely been achieved and will continue to be implemented by other
existing plans, zoning districts, the Community Plan, and the revised Unified Development
Code “UDC”. There have been substantial changes to the City’s land development
regulations since adoption of the N. 19th/Oak Street Corridor Master Plan. In addition, there
are other overlapping plans with different objectives. The more recently adopted N. 7th
Avenue Connectively Plan overlays the N. 19th/Oak Street Plan east of 11th Avenue. An
urban renewal plan for the Midtown Urban Renewal District overlays an even larger area.
The revised UDC integrated the design standards of the Entryway Corridors and site
planning to insure development supports economic development and mitigates potential non-
compatible land use conflict.
The N. 19th Avenue and Oak Street Corridor Master Plan generally assumes a suburban
standard for development in the corridor. The needs and goals of the City have evolved over
the last 20 years and, in the Department’s opinion, rendered the plan less than effective. Also,
substantial development within the area has established a character of the area.
Since the adoption of the N. 19th Avenue and Oak Street Corridor Master Plan, the City’s
growth policy has been updated twice. A third revision has begun while a full analysis of
whether or not the N 19th/Oak Street Plan comports with the current Community Plan has
not been done. However, Chapter 3, Land Use, of the Bozeman Community Plan has
identified urban density as a key principle in Bozeman’s development going forward. This
points to a significant likely conflict. As all neighborhood plans must conform to the overall
growth policy this issue needs to be resolved.
Finally, discussion with Planning Board regarding the update to the growth policy identified
as a task non-effective obsolete plans should be considered for repeal.
Staff Report for the N 19thAvenue / Oak Street Corridor Master Plan Repeal GPA,
Application 18-043 Page 10 of 14
2. The proposed amendment does not create inconsistencies within the growth
policy, either between the goals and the maps or between different goals and objectives.
As noted under review criteria No. 1 above, the plan has served its purpose and, in many
ways, is in non-conformance with the current Bozeman Community Plan. Since the adoption
of the N. 19th/Oak Street Corridor Master Plan the city’s growth policy has been reviewed
and undated twice, first in 2001 and again in 2009.
The revised UDC integrated the design standards of the Entryway Corridors and site
planning to insure development supports economic development and mitigates potential non-
compatible land use conflict and zoned to implement this policy. North 19th Avenue and Oak
Streets has developed as a major entryways into the City. This policy is furthered by existing
policies in the Bozeman Community Plan, required building design, landscape, and site
planning standards. Integrated into the City’s development standards are provisions to insure
non-compatible land uses are properly mitigated so land is developed in an orderly fashion
and does not negatively impact one individual or individuals over another.
The City has an adopted Parks Open Space and Trails Plan (PROST) that guides the
development of recreational amenities. In addition, the City has established standards for the
protection of environmentally sensitive lands.
The final goal of the N. 19th/Oak Street Corridor Master Plan is to provide public facilities
which can accommodate projected growth. Growth within the City limits has necessitated the
development of a long term City’s Capital Improvement Plan (CIP) to guide and appropriate
capital expenditures to implement the Bozeman Community Plan. Several large capital
projects including the widening of N. 19th Avenue, several traffic signals, and installation of
large quantities of water and sewer mains have been constructed since adoption of the plan.
Therefore, the N. 19th/Oak Street Corridor Master Plan is outdated to meet this goal.
3. The proposed amendment must be consistent with the overall intent of the
growth policy;
The goals and objectives in the Bozeman Community Plan address the major themes of the
N. 19th/Oak Street Corridor Master Plan and are being implemented through zoning and the
City’s development code. Repeal of the N. 19th/Oak Street Corridor Master Plan will remove
conflicts with the growth policy as described above. There are also goals in the Bozeman
Community Plan which will continue to address some of the issues identified in the N.
19th/Oak Street Corridor Master Plan:
Goal C-3: Neighborhood Design – New neighborhoods shall be pedestrian oriented,
contain a variety of housing types and densities, contain parks and other public
spaces, have a commercial center and defined boundaries.
Goal C-5: Public Landscaping and Architecture – Enhance the urban appearance and
environment through the use of architectural excellence, landscaping, trees and open
space.
Staff Report for the N 19thAvenue / Oak Street Corridor Master Plan Repeal GPA,
Application 18-043 Page 11 of 14
Goal ED-1: Promote and encourage the continued development of Bozeman as a vital
economic center.
Goal E-1: Continue protecting critical lands as valuable resources for the Community.
Goal R-1: Provide for accessible, desirable, and adequately maintained public parks,
open spaces, trail systems, and recreational facilities for residents of the community.
Goal PS-1: Facilities and Services- All public facilities and services provided under
the authority of the City of Bozeman shall be provided in a reliable, efficient, cost-
effective and environmentally sound manner.
4. The proposed amendment will not adversely affect the community as a whole or
significant portion by:
Significantly altering land use patterns and principles in a manner contrary to those
established by this plan,
The requested Growth Policy Amendment will not alter land use patterns and principles
contrary to the Bozeman Community Plan. The N. 19th/Oak Street Corridor Master Plan was
adopted in accordance with the growth policy. Subsequently the growth policy has been
undated twice while the corridor plan remained without change. All existing goals and
objectives in the Community Plan will remain in effect.
Requiring unmitigated larger or more expensive improvements to streets, water, sewer, or
other public facilities or services, thereby impacting development of other lands,
The area is already served with water and sewer services. Public right of way is in place
although some additional right of way may be required with future development those
requirements would be required with the development process to meet the standards of the
long range transportation plan. Exact required improvements would be identified through the
development review process as would occur elsewhere in the community. Development of
the area would not require unmitigated improvements.
Adversely impact existing uses because of unmitigated greater than anticipated impacts on
facilities and services,
No extraordinary impacts have been identified at this time. Additional review would occur
during site development and mitigation of impact will be required. Development is
anticipated and facilities and series
Negatively affect the livability of the area or the health and safety of the residents.
This criterion needs to be applied to four different groups, the existing residents of the area
future residents, property owner wishing to develop within the planning area, and the
community as a whole. As noted in the analysis above, all proposed development will
undergo review to insure potential impacts are mitigated, all basic health, safety, and general
welfare criteria are met. The criteria of evaluation include livability.
Staff Report for the N 19thAvenue / Oak Street Corridor Master Plan Repeal GPA,
Application 18-043 Page 12 of 14
It appears that capacity exists to serve the area so there should be no negative impacts. There
would be incremental traffic increase but the existing street network has capacity to handle
the additional traffic. Traffic loads may be less with residential development than
commercial development. Therefore, there appears to be no negative impact to the health
and safety of the existing residents. Although it would be pleasant for the adjacent owners to
have the property left open there can be no expectation that property will remain unoccupied
unless it is legally reserved from development.
A growth policy is by state law a non-regulatory document. Any future residential
development will be subject to the same standards as other neighborhoods in the City. Those
standards have been found by the City Commission to be adequate to protect against negative
impacts.
Future residents share many of the same potential health and safety issues as existing
residents. The City’s development standards are adequate to address issues relating to
availability of water, sewer, and other municipal services.
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation:
Multiple zoning districts apply to the area covered by the N. 19th/Oak Street Corridor Master
Plan including M-1, M-2, B-1, B-2, R-1, R-3, R-4, R-O, BP, B-2, and areas of un-annexed
land. No changes to the zoning map are required or needed by this action.
Adopted Growth Policy Designation:
Multiple growth policy designations apply to the area as shown on the image below including
Community Commercial Mixed Use, Regional Commercial and Services, Industrial,
Business Park Mixed-Use, Public Institutions, Parks, Open Space and Recreation, and
Residential.
For a full description of each land use designation please see Section 3.4 of the Bozeman
Community Plan. Figure 3-1 of the Bozeman Community Plan is the future land use map.
Staff Report for the N 19thAvenue / Oak Street Corridor Master Plan Repeal GPA,
Application 18-043 Page 13 of 14
Growth Policy Designation Map
Staff Report for the N 19thAvenue / Oak Street Corridor Master Plan Repeal GPA,
Application 18-043 Page 14 of 14
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice of the public hearings before the Planning Board and City Commission was published in
the Bozeman Daily Chronicle at least 15 days and not more than 45 days prior to the public
hearings.
No public comment has been received as of the production of this report.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: N/A
Applicant: City of Bozeman, P.O. Box 1230, Bozeman, MT 59771
Representative: City of Bozeman, P.O. Box 1230, Bozeman, MT 59771
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this growth policy 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.
Draft Planning Board Resolution No. 18-043
City Commission Resolution No. 4891