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18221, Staff Report for the 2018 City of Bozeman N. Rouse Avenue
Annexation and Zone Map Amendment
Public Hearing Date: Zoning Commission public hearing is on June 5, 2018.
City Commission public hearing is on June 11, 2018.
Project Description: Annexation of 1.0444 acres and amendment to the City Zoning Map for the establishment of a zoning designation of PLI “Public Land and Institutions”.
Project Location: The property is generally located at the far northern end of N. Rouse
Avenue. The property is a portion of Tract 33 of the Northeast Annexation, located in the southeast quarter of Section 31, Township 1 South Range 6 East. PMM.
Recommendation: Approval of Resolution 4916 annexing the property and provisional adoption of Ordinance 2006.
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 18221 and move to recommend approval of Ordinance 2006, the 2018 City of Bozeman N. Rouse Avenue Zone Map Amendment.
Report Date: May 30, 2018
Staff Contact: Chris Saunders; Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The City of Bozeman, seeks to annex 1.0444 acres of City owned, wholly surrounded property,
into the City limits and establish initial zoning of PLI “Public Land and Institutions”. The
property is currently zoned PLI “Public Land and Institutions” within the county’s zoning
program. The future land use map in the Bozeman Community Plan designates the property as
“Parks, Open Space and Recreational Lands”. The property is surrounded by the city limits on
all sides.
The site currently has no existing buildings. Municipal utilities cross the site within the already
annexed portion of the property. The subject property is surrounded by PLI zoned land. The
future land use map designates the surrounding area as Parks, Open Space, and Recreational
Lands, and Industrial. The proposed PLI “Public Lands and Institutions” zoning designation
Staff Report for the 2018 City of Bozeman 2018 N. Rouse Avenue Annexation and Zone
Map Amendment Page 2 of 14
fits within the Bozeman Community Plan’s intentions of the “residential” land use category
(see Table C-16 in Appendix C).
The parcel is a remnant of a previously annexed portion of the Northeast Annexation
completed by Ordinance 946 in July 1976. The City annexed the area to the north as part of
the East Gallatin Recreation Area annexation in 2008 which included the City owned land
immediately to the north. It is unknown why this fraction of the property was not annexed at
that time. The completion of this annexation will close a gap in the City and facilitate operation
of the site for municipal purposes.
Alternatives
1. Approve the application
2. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
3. 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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Map Amendment Page 3 of 14
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - TERMS OF ANNEXATION ............................................................................ 6
SECTION 3 - CONTINGENCIES OF ZONE MAP AMENDMENT ..................................... 6
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6
Annexation .......................................................................................................................... 6
Zone Map Amendment ....................................................................................................... 6
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS .................................. 7
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 12
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 12
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 13
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 14
FISCAL EFFECTS ................................................................................................................. 14
ATTACHMENTS ................................................................................................................... 14
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Map Amendment Page 4 of 14
SECTION 1 - MAP SERIES
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Map Amendment Page 5 of 14
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Map Amendment Page 6 of 14
SECTION 2 - TERMS OF ANNEXATION
The City cannot enter into an agreement with itself. In place of the typical annexation
agreement, state law also allows for a provision of services plan which addresses how
municipal services will be provided. The required provision of services plan has been
prepared and is attached to this report for the City Commission hearing.
The necessary adopting resolution has been prepared and map is attached for the City
Commission hearing. Therefore, there are no terms of annexation for this application.
SECTION 3 - CONTINGENCIES OF ZONE MAP AMENDMENT
The required implementing ordinance has been prepared and is attached to this report.
Therefore, there are no contingencies for the zone map amendment.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, Staff finds the application to
meet all criteria and recommends approval of the requested annexation.
The City Commission will hold a public hearing on the annexation on June 11, 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 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 18221.
No infrastructure or regulatory constraints that would impede the approval of the application
have been identified.
The Zoning Commission will hold a public hearing on this ZMA on June 5, 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 June 11
2018. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin
at 6 p.m.
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Map Amendment Page 7 of 14
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.
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.
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. The nature of the property is that it is probable to remain
undeveloped with buildings. Development with buildings will require extension of services.
No such buildings or extensions are contemplated at this time. The area to be annexed is part
of Tract 33 of the Northeast Annexation. The City’s water and sewer mains cross this tract in
a location further south to the area to be annexed.
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. The property is also located in the urban growth area of the Bozeman Growth
Policy. The property is wholly surrounded by already annexed property.
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.
Neutral. The property is already accessed by N. Rouse Avenue and no additional right of way
is anticipated. The owner is the City of Bozeman who can provide additional right of way or
waiver if such is determined to be needed.
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Map Amendment Page 8 of 14
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 Future Land Use Map of the Bozeman Community Plan (growth policy) designates
the subject property as “Parks, Open Space, and Residential.” The proposed PLI “Public
Lands and Institutions District” is in conformance with the Bozeman Community Plan future
land use designation. As Table C-16 from the Bozeman Community Plan shows, the PLI
district is a proper implementing district for the residential 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 PLI, Public Lands and
Institutions). The application for a Zone Map Amendment is being processed concurrently
with the annexation request to establish an initial zoning designation under the City of
Bozeman zoning program. The application requests to establish an initial municipal zoning
designation of PLI “Public Lands and Institutions.”
c. The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
Yes. The applicant has requested a zoning designation of PLI “Public Lands and
Institutions.”
Policy 3: Fees for Annexation procedures shall be established by the City Commission.
No fee will be charged for any City-initiated annexation.
Neutral. This is a City initiated annexation and no fee is required.
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 N. Rouse Avenue. The entirety
of the street is already annexed as part of Tract 33, Northeastern annexation. The street is not
built to current City standards and is only partially paved. The current roadway has been
adequate for existing uses and no change is anticipated in the use of the property as a result
of the annexation.
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Map Amendment Page 9 of 14
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 38.410.130 of the municipal code.
Yes. The site in question is less than ten (10) acres and must therefore provide water rights as
allowed in BMC 38.410.130.C.1. There are no existing buildings on the site nor are any
proposed for the foreseeable future. Therefore, no water rights are due at this time. Any
future development will require provision of water rights through a site plan review.
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. City
services are already provided to the City owned area which wholly surrounds this unannexed
portion of Tract 33, Northeast Annexation. City utilities are located under N. Rouse Avenue
which is located within Tract 33.
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 used on this property but have been available
for many years. No contract for service is proposed or in place.
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
Yes. An exhibit map will be prepared to accompany 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. There are no existing buildings on the site to be connected. All new construction will be
subject to the requirements of the municipal code, including impact fees. Obligation to pay
fees when determined necessary is accepted.
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Map Amendment Page 10 of 14
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 38.220.410, BMC.
Yes. Notices of the public hearing will be provided. The required mailing list for adjacent
property owners has been provided.
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.
Neutral. The City is the property owner and applicant. It cannot enter into an agreement with
itself. Therefore, in place of an annexation agreement a provision of services plan is provided
with this application. The provision of services plan is part of the application for annexation.
Policy 12: When possible, the use of Part 46 annexations is preferred.
Yes. This annexation is being processed under Part 46 provisions.
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 property as Parks, Open Space, and Recreation. As Table C-16 from the growth
policy shows, the PLI district is a proper implementing district for the future land use
designation of “Residential.” The growth policy encourages annexation of wholly
surrounded parcels. No conflicts with the growth policy have been identified.
B. Secure safety from fire and other dangers.
Yes. Upon annexation the subject property will be provided with City emergency services
including police, fire and ambulance. The initial zoning of PLI will not alter the use of the
property and is therefore unlikely to adversely impact safety from fire and other dangers.
The property will be required to conform to all City of Bozeman public safety, building and
land use requirements. The City already provides services to all of the surrounding area.
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. Closing a gap in the City boundary
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Map Amendment Page 11 of 14
will facilitate and simplify emergency services. The City uses the site for utility services.
Annexation and designation as PLI will support good municipal services.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The designation as PLI will support the continued operation of the City’s utility and
street services. Any future development of the property will be evaluated for additional
required improvements during the plan review process.
E. Reasonable provision of adequate light and air.
Yes. The PLI zoning designation has requirements for setbacks, height, and lot coverage,
which provide for the reasonable provision of adequate light and air. Any future development
of the property will be required to conform to City standards for setbacks, height, lot
coverage, and buffering.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The proposed PLI zoning designation will have a neutral effect on the City’s
motorized and non-motorized transportation systems. The property is occupied by a City
service area. The site is accessed by N. Rouse Avenue and no further right of way is expected
to be needed. As a result, the impact to the motorized and non-motorized transportation
systems is not anticipated to change.
G. Promotion of compatible urban growth.
Yes. The proposed PLI zoning designation promotes compatible urban growth as the
property is bordered by the City on all sides which is already designated as PLI.
Additionally, the proposed PLI zoning designation is in accordance with the Bozeman
Community Plan’s future land use designation of “Parks, Open Space and Recreation”. The
annexation associated with this zone map amendment is closing a small gap within the City.
H. Character of the district.
Yes. The proposed PLI zoning does promote the character of the district as the intent of the
Public Lands and Institutions district is to “The intent of the PLI public lands and institutions
district is to provide for major public and quasi-public uses outside of other districts. Not all
public and quasi-public uses need to be classified PLI. Some may fit within another district;
however, larger areas will be designated PLI.” Surrounding properties are PLI or M-1. The
proposed PLI zoning designation is consistent with the character of the neighborhood as well
as existing development on the property. The site is presently zoned as PLI in the Gallatin
County Bozeman Area zoning.
I. Peculiar suitability for particular uses.
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Map Amendment Page 12 of 14
Yes. The property is located in an area which is suitable for uses allowed in the PLI zoning
district. The proposed PLI zoning designation is suitable for the current use of the property.
The site is presently zoned as PLI in the Gallatin County Bozeman Area zoning.
J. Conserving the value of buildings.
Neutral. There are no existing structures on the site to be rezoned. The proposed district is the
same as the immediately adjacent zoned property. The site is presently zoned as PLI in the
Gallatin County Bozeman Area zoning.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed PLI zoning designation will encourage the most appropriate use of land
as the property is presently zoned as PLI in the Gallatin County Bozeman Area zoning. The
change in the zoning is simply a change in jurisdiction authority from Gallatin County to
City of Bozeman.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to
76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area
affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a
statement of the protestor's qualifications (including listing all owners of the property and the
physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to
the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on Thursday, May 17, 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 Friday, May 18, 2018. Notice was published in the Legal Ads
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Map Amendment Page 13 of 14
section of the Bozeman Daily Chronicle on May 20, 2018 and May 27, 2018. The Zoning
Commission public hearing is scheduled for June 5, 2018 and the City Commission public
hearing is scheduled for June 11, 2018.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Parks, Open Space, and Recreational Lands” in the
Bozeman Community Plan. According to the plan, “All publicly owned recreational
lands, including parks, are included within this category, as well as certain private lands.
These areas are generally open in character and may or may not be developed for active
recreational purposes. This category includes conservation easements which may not be
open for public use.”
As Table C-16 from the Bozeman Community Plan shows, the proposed zoning of PLI is
an implementing districts for the future land use designation of “Parks, Open Space, and
Recreational Lands”.
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Map Amendment Page 14 of 14
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of “PLI” (Public Lands and Institutions) in association
with the annexation of the property. “The intent of the PLI public lands and institutions
district is to provide for major public and quasi-public uses outside of other districts. Not
all public and quasi-public uses need to be classified PLI. Some may fit within another
district; however, larger areas will be designated PLI.”
Table 38.310.040.B establishes the uses that are allowed in the PLI zoning district. 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 "-." The table is available through the City’s website at
https://www.bozeman.net/Home/ShowDocument?id=5705 .
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner/ Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
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.
Annexation and ZMA application