HomeMy WebLinkAbout02-12-18 City Commission Packet Materials - AII3. Ziegler Annexation and Zone Map AmendmentPage 1 of 22
17-423, Staff Report for the Ziegler Annexation and Zone Map Amendment
Public Hearing Date: Zoning Commission public hearing is on February 6, 2018.
City Commission public hearing is on February 12, 2018.
Project Description: Annexation of 3.12 acres and amendment to the City Zoning Map for
the establishment of a zoning designation of M-1 “Light Manufacturing”.
Project Location: The property is generally located near the corner of North Rouse Ave. and
Bridger Center Dr. and is addressed as 703 Bridger Drive. The property is legally described
as being Tract 1 of Film 7 Page 218 located in the south ½ of the southeast ¼ Section 31,
Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana.
Recommendation: Approval with terms of annexation and contingencies.
Recommended 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 #17-423 and move to approve the Ziegler
Annexation with recommended terms of annexation, and direct staff to prepare an annexation
agreement for signature by the parties.
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 #17-423 and move to recommend
approval of the Ziegler Zone Map Amendment, with contingencies required to complete the
application processing.
Recommended City Commission Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the Zoning Commission
and all information presented, I hereby adopt the findings presented in the staff report for
application #17-423 and move to approve the Ziegler Zone Map Amendment, with
contingencies required to complete the application processing.
Report Date: February 1, 2018
Staff Contact: Chris Saunders; Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The applicant, Jack Ziegler, seeks to annex 3.12 acres into the City limits and establish initial
zoning of M-1 “Light Manufacturing”. The property is currently zoned M-I, “Manufacturing
and Industrial” within the county. The future land use map in the Bozeman Community Plan
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designates the property as “Industrial”. The property is surrounded by the city limits on all
sides and the applicant intends to connect to city services upon annexation.
The site currently has three buildings that are leased. The buildings are non-compliant with
current septic permit approvals and present environmental public health concerns.
Recommended contingencies of approval address these concerns.
The subject property is surrounded by light manufacturing (M-1) and residential (R-4, R-3 and
R-2) land. The future land use map designates the surrounding area as industrial. The proposed
M-1 “light manufacturing” zoning designation fits within the Bozeman Community Plan’s
intentions of the “industrial” land use category (see Table C-16 in Appendix C).
Zoning Commission
The Zoning Commission held their public hearing on February 6, 2018. No public comment
was received. The Zoning Commission unanimously recommended approval of the M-1
zoning designation.
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.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Zoning Commission ............................................................................................................ 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 6
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 8
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
Annexation .......................................................................................................................... 9
Zone Map Amendment ....................................................................................................... 9
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS .................................. 9
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 13
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 16
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 16
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 17
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 17
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 21
FISCAL EFFECTS ................................................................................................................. 21
ATTACHMENTS ................................................................................................................... 21
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SECTION 1 - MAP SERIES
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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 “Ziegler Annexation.”
2. An Annexation Map, titled “Ziegler Annexation Map” with a legal description of the
property 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. Utility easements for existing private utilities along the northern edge of the property and
adjacent to Bridger Drive shall be demonstrated or created prior to passage of the
resolution of annexation. The easement adjacent to Bridger Drive shall be 10 feet wide as
required by Section 38.23.060.B.2.a, Bozeman Municipal Code. The easement along the
northern edge of the property shall be of an adequate width to include the existing
overhead lines.
8. If they do not already exist the applicant must provide and file with the County Clerk and
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Recorder's office executed Waivers of Right to Protest Creation of Special Improvement
Districts (SID’s) for the following:
a. Street improvements to Bridger Drive including paving, curb/gutter, sidewalk, and
storm drainage
b. The waiver will be included with the annexation agreement. 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. The applicant must
provide a copy of the SID waiver filed with the County Clerk and Recorder.
9. The Annexation Agreement must include notice that the applicant must connect to
municipal services and will be responsible for installing any facilities required to
provide full municipal services to the property in accordance within 90 days of the
agreement being executed.
10. The applicant must properly abandon the existing on-site septic tanks and leach fields
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.
11. 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.
12. The applicant must contact Brian Heaston with the City Engineering Department to
obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The
determined amount must be paid prior to annexation.
13. The application is unclear as to what easements exist for the property. The applicant
must perform the required research to determine the presents of all existing easements
and show said easements on the annexation exhibit. At that point the City will
determine if additional easements are required. As currently shown the applicant will
need to provide a sewer easement for the main along the southern property line and a
utility easement along the property frontage.
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14. Prior to annexation approval, the applicant must present a plan for how the existing
structure will be connected to municipal services. If this plan requires easements to be
in place the easement must be executed and filed with the county clerk and recorded
prior to annexation.
15. Stormwater from the property currently flows to the northwest onto the adjacent
property where the Bridger Center lift station is located, creating operation and
maintenance challenges. As a condition of annexation the applicant must provide
stormwater management to prevent stormwater from draining to the area surrounding
the lift station.
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 “Ziegler 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 “Ziegler 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, the Development Review
Committee (DRC) voted on January 24, 2018 to recommend approval of the requested
annexation.
The City Commission will hold a public meeting on the annexation on February 12, 2018.
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 Ziegler Zone Map Amendment (ZMA) is in conjunction with an
annexation request. Staff’s recommendation and staff responses are predicated on
approval of the annexation, application #17-423.
The Development Review Committee (DRC) considered the amendment on January 24,
2018. 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 February 6, 2018 and
will forward a recommendation to the Commission on the Zone Map amendment. The
hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
The City Commission will hold a public meeting on the zone map amendment on February
12, 2018. 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 all sides.
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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 totally surrounded by the City, with one small noncontiguous
border on the north.
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 currently contracting with the City for water, sewer, or
fire protection services. Connection to municipal infrastructure for the property will be
required and will be the responsibility of the owner at the time of development of the
property.
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 located within the service boundary of the existing sewer
system, with a gravity main located along Bridger Drive to the south or a force main and
gravity main along the west property boundary which can be used for potential future
development. The site is also located within the urban growth area of the Bozeman Growth
Policy.
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
creation of improvement districts necessary to provide the essential services for future
development of the City.
Yes. The Recommended Terms of Annexation include requirements to dedicate all
easements, rights-of-way for streets, water rights, and waivers of right-to-protest against the
creation of improvement districts necessary to provide the essential services for future
development of the City. The required easements are for both existing and future extension
of private utilities.
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
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anticipated uses, said amendment process may be initiated by the applicant and conducted
concurrently with the processing for annexation.
Yes. The Future Land Use Map of the Bozeman Community Plan (growth policy) designates
the subject property as “Industrial.” The proposed M-1 “Light Manufacturing” is in
conformance with the intent of the Bozeman Community Plan future land use designation
and the current development pattern of the area. As Table C-16 from the growth policy
shows (see Appendix C), the M-1 zoning district is properly correlated with the “Industrial”
designation.
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, as the subject property is
currently under the zoning jurisdiction of Gallatin County (Zoned M-I, Manufacturing and
Industrial). As a result, an application for a Zone Map Amendment is being processed
concurrently with the annexation request to establish a new zoning designation under the
City of Bozeman. The applicant has applied for a Zone Map Amendment #17-423 to
establish an initial municipal zoning designation of M-1 “Light Manufacturing”.
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 M-1 “Light
Manufacturing”.
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 from Bridger Drive to the south
which is paved to the edge of the subject property.
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
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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. The property owner shall provide usable water rights, or cash in-lieu of water rights
thereof, in an amount to be determined by the Director of Public Works, as outlined by
Section 38.23.180 of the municipal code. This will be addressed during annexation
agreement development, as the site in question is less than ten (10) acres. The calculated
amount will be determined by the Director of Public Works and based on the zoning
designation approved by the City Commission.
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
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 infrastructure and emergency services are available to the subject property. The site
is located adjacent to developments that are currently served by Bozeman Fire.
Recommended Term of Annexation #5 includes the provision that the developer will be
responsible for installing facilities required to provide full municipal services to the property
in accordance with the City’s Infrastructure Master Plan, adopted Community Plan, and all
city policies and guidelines that may be in effect at the time of development.
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.
Neutral. City services are not currently being provided to this property, but have been
requested by the applicant.
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
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Recommended Term of Annexation #1). A draft exhibit has been provided which appears
suitable. The formal mylar map will be required prior to adoption of the resolution of
annexation.
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. The applicant will be required to pay all fire, street, water, and sewer impact fees at the
time of connection for any future development as noted in Recommended Term of
Annexation #3. Standard language addressing this policy has been developed by the City
Attorney for inclusion with all annexation agreements.
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
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.
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.
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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. The future land use map in the Bozeman Community Plan (growth policy) designates
the subject properties as “Industrial”. As Table C-16 from the growth policy shows (see
Appendix C) the proposed M-1 zoning district is a proper implementing district for the future
land use designation.
No conflicts with the goals or objectives of the Growth Policy have been identified.
B. Secure safety from fire and other dangers.
Yes. The subject property is within the service area of City emergency services, including
police and fire. If developed, the property will be required to conform to the City of Bozeman
standards and regulations in terms of fire, safety, and other emergency services standards.
C. Promote public health, public safety, and general welfare.
Yes. The proposed zoning designation will promote general welfare by implementing the
future land use map in the Bozeman Community Plan. Public health and safety will be
positively affected, as current facilities are not up to standards for wastewater treatment, and
annexation will allow the properties to connect to city services. Connection to City services
will remove two septic systems, thereby lessening discharge to groundwater which will
improve public health and safety.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The development of public infrastructure improvements to serve the property will be
required to conform to the City of Bozeman’s adopted standards which require properties to
construct public infrastructure with regards to transportation, water, sewer, school, parks, and
other public requirements. These improvements will be required as current facilities are not
meeting code requirements.
E. Reasonable provision of adequate light and air.
Yes. The M-1 zoning designation will require any future development to conform to the
City’s standards in terms of setbacks, height, lot coverage, and buffering. The standards of
the M-1 district have been found by the Commission to adequately address these concerns.
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F. The effect on motorized and non-motorized transportation systems.
Neutral. The proposed M-1 zoning designation will have a neutral effect on the City’s
transportation systems by continuing to allow the same amount of traffic to the site as it
experiences currently. The Montana Department of Transportation is presently expanding
Rouse Avenue/Bridger drive which serves this property. Adequate capacity is present for
current and anticipated future development.
G. Promotion of compatible urban growth.
Yes. The proposed M-1 zoning designation promotes compatibility with urban growth as it
is in accordance with the Bozeman Community Plan. The “Industrial” land use designation
allows the proposed M-1 zoning (see Appendix C). Additionally, there is existing M-1 zoned
properties immediately adjacent, so the proposed M-1 zoning creates consistency in regards
to compatible urban growth of area properties. The property has been developed for
industrial uses for many years. The requested map amendment will continue the existing
uses.
H. Character of the district.
Yes. The proposed M-1 zoning does promote the character of the district as the intent of the
light manufacturing district is to “provide for the community's needs for wholesale trade,
storage and warehousing, trucking and transportation terminals, light manufacturing and
similar activities”. This is compatible with the land use of surrounding properties which are
currently zoned M-1, and residential (across Bridger Drive). The property has been
developed for industrial uses for many years and contributes to the overall character of the
area. The requested map amendment will continue the existing uses.
I. Peculiar suitability for particular uses.
Yes. The new zoning will address the affected area’s peculiar suitability for uses as the
property will be upgraded to applicable standards per the City’s development standards and
regulations. The current usage of the buildings are permitted in the M-1 district, thus the
suitability is appropriate.
J. Conserving the value of buildings.
Neutral. There are three existing buildings on the property. The proposed zoning and
annexation will not result in a change of usage or the property and the site will continue to
function as industrial in nature, thus creating no positive or negative outcomes.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed M-1 zoning will encourage the most appropriate use of land by adhering
to the City’s Community Plan which designates the future land uses of the properties as
industrial.
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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 - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The applicant, Jack Ziegler, seeks to annex 3.12 acres into the City limits and establish initial
zoning of M-1 “Light Manufacturing”. The property is currently zoned M-I, “Manufacturing
and Industrial” within the county. The future land use map in the Bozeman Community Plan
designates the property as “Industrial”.
The site currently has three buildings. The south building is currently leased to Lone Mountain
Gymnastics and is used by 40-50 children each night and sometimes on the weekends. The
north building is currently leased to Extreme Archery which typically has 15-20 customers per
day in addition to special events. Both buildings are non-compliant with current septic permit
approvals and present environmental public health concerns. Within the M-1 light
manufacturing zoning district, Lone Mountain Gymnastics would be defined as a “health and
exercise establishment” which would be an authorized principal use. Extreme Archery would
be defined as an “amusement and recreational facility” which would also be an authorized
principal use within the proposed M-1 zoning district.
The subject property is surrounded by light manufacturing (M-1) and residential (R-4 and R-
2) land. The future land use map designates the surrounding area as industrial. The proposed
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M-1 “light manufacturing” zoning designation fits within the Bozeman Community Plan’s
intentions of the “industrial” land use category (see Table C-16 in Appendix C).
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st
Class mail on Thursday, January 18, 2018 to all owners of
property located inside the proposed change and within 200 feet of the perimeter of the
change. The project site was posted on Thursday, January 18, 2018. Notice was published in
the Legal Ads section of the Bozeman Daily Chronicle on January 21, 2018 and January 28,
2018. The Zoning Commission public hearing is scheduled for February 6, 2018 and the City
Commission public hearing is scheduled for February 12, 2018.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Industrial” in the Bozeman Community Plan. According
to the plan, “This classification provides areas for the uses which support an urban
environment such as manufacturing, warehousing, and transportation hubs. Development
within these areas is intensive and is connected to significant transportation corridors. In
order to protect the economic base and necessary services represented by industrial uses,
uses which would be detrimentally impacted by industrial activities are discouraged.
Although use in these areas is intensive, these areas are part of the larger community and
shall meet basic standards for landscaping and other site design issues and be integrated
with the larger community. In some circumstances, uses other than those typically
considered industrial have been historically present in areas which were given an
industrial designation in this growth policy. Careful consideration must be given to public
policies to allow these mixed uses to coexist in harmony.”
As Table C-16 from the Bozeman Community Plan shows, the proposed zoning of M-1 is
an implementing districts for the future land use designation of “Industrial”.
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Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of “M-1” (Light Manufacturing) in association with the
annexation of the property. The intent of the M-1 District is “is to provide for the
community's needs for wholesale trade, storage and warehousing, trucking and
transportation terminals, light manufacturing and similar activities. The district should be
oriented to major transportation facilities yet arranged to minimize adverse effects on
residential development, therefore, some type of screening may be necessary.”
Table 38.12.020 establishes the uses that are allowed in the M-1 zoning districts. Principal
uses are indicated with a "P," conditional uses are indicated with a "C," accessory uses are
indicated with an "A," and uses which are not authorized within the district are indicated by
a "-." A particular proposed development may fall under more than one listed category with
different review processes. In such cases, the more stringent review process shall apply.
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Table of Industrial Uses BP M-1 M-2
Adult business 1 — P 1 P 1
Agriculture — — P
Ambulance service — P P
Amusement and recreational facilities — P C
Animal shelters — C C
Automobile, boat or recreational vehicle sales,
service and/or rental — P P
Automobile fuel sale or repair, as defined in this
chapter — P P
Automobile parking lot or garage (public or
private) P/A 2 P/A 2 P/A 2
Automobile washing establishment — P P
Banks and other financial institutions C P C
Building materials — P P
Community center, as defined in this chapter P P P
Day care center C/A 3 C/A 3 C/A 3
Food processing facility — P P
Essential services Type I A A A
Essential services Type II P P P
Essential services Type III P P P
Fences A A A
Health and exercise establishments C P P
Hospitals P — —
Hotel or motel — P P
Junk salvage or automobile reduction/salvage
yards — — C
Laboratories, research and diagnostic P P P
Light goods repair, as defined in this chapter — P P
Manufacturing, artisan P P P
Manufacturing, light P 4 P 4 P
Manufacturing or industrial uses of all types if in
compliance with all provisions of this chapter
unless otherwise stated in this section.
— — P
Medical clinics P P P
Offices, as defined in this chapter P 5 P P
Other buildings and structures typically
accessory to permitted uses A A A
Outside storage —
/A 6 P/A 6 P/A 6
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Personal and convenience services, as defined in
this chapter — C C
Personnel service facilities providing services,
education, food and convenience goods primarily
for those personnel employed in the principal use
A A A
Production manufacturing and generation
facilities (electric and gas) — — C
Public and private parks P P P
Public buildings P P P
Retail sales of goods produced or warehoused on
site and related products, not to exceed 20
percent of gross floor area or 10,000 square feet,
whichever is less
A A A
Retail sales for on-premise consumption of
alcohol produced on site, not to exceed 10,000
square feet or 50 percent of the facility,
whichever is less
— C C
Residential use which is clearly accessory to the
operation of a permitted principal or conditional
use 7, 11
— A 7, 11 A 7, 11
Restaurant 8 — P 8 P 8
Restaurants serving alcoholic beverages 9 — C 9 C 9
Refuse and recycling containers A A A
Retail establishments other than principal uses
listed in this section — C C
Signs 10 A A A
Solid waste transfer station — — C
Temporary buildings and yards incidental to
ongoing construction work A A A
Truck, bus and rail terminal facilities — P P
Truck repair, washing, and fueling facilities — C P
Technology research establishments P P P
Trade schools — P P
Veterinary clinics P P P
Warehousing — P P
Warehousing, residential storage (mini
warehousing) — P P
Any use, except casinos and retail, large scale,
approved as part of a planned unit development
subject to the provisions of article 20 of this
chapter
C C C
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1 Subject to the requirements of article 22 of this chapter.
2 As required by this chapter and meeting the standards of this chapter.
3 If primarily offering services to a single business or group of businesses within the same building or
building complex.
4 Completely enclosed within a building.
5 Professional and business offices only.
6 Only if accessory to a principal use and if screened from the street and surrounding properties by a solid
fence or dense plantings at least six feet in height.
7 For the purposes of this section, accessory means less than 50 percent of gross floor area of a building, and
being generally located on the second or subsequent floor.
8 Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is
less, or occupying not more than 45 percent of the gross floor area of a food processing facility.
9 Limited to state beer and wine licenses issued since 1997, prohibiting any form of gambling and
occupying not more than 45 percent of the total building area of a food processing facility.
10 Subject to the requirements of article 28 of this chapter.
11 May be subject to the provisions of chapter 38, article 43.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/ Applicant: Jack Ziegler, 703 Bridger Drive, Bozeman, MT 59715.
Representative: Alanah Griffith, 108 N. 11th
Unit 1, 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.
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Ziegler Annexation and ZMA application
Ziegler ZMA map exhibit
Ziegler Annexation and ZMA applications, including an adjoining property owners list and
project narrative
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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
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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.
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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?
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