HomeMy WebLinkAbout00-18450 Cottonwood and Oak GPA PB Staff ReportPage 1 of 19
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment
(GPA).
Public Hearing Dates:
GPA - Planning Board Meeting (Public Hearing): December 4, 2018 at 6:00pm in the City
Commission room, City Hall, 121 North Rouse.
GPA - City Commission Meeting (Public Hearing): December 17, 2018 at 6:00pm in the
City Commission room, City Hall, 121 North Rouse.
Project Description: A growth policy amendment to revise the future land use map from
Residential and Present Rural to Residential Emphasis Mixed Use (130.99 acres) and
Community Commercial Mixed Use (29.51) on 160.51 acres.
Project Location: The property is located at the northwest corner of West Oak Street and
Cottonwood Road. The property is legally described as the NE ¼ of Section 4 also known as
Tract 5 of Certificate of Survey No. 2552; located in the NE ¼ of Section 4, Township 2
South, Range 5 East, Principal Meridian, Gallatin County, Montana.
Planning Board Recommended Motion: Having reviewed and considered the application
materials, public comment, and all information presented, I hereby move to adopt the
findings presented in the staff report and recommend approval to the City Commission of
the growth policy amendment application 18-450 with contingencies necessary to complete
application processing.
City Commission Recommended Motion: Having reviewed and considered the
application materials, public comment, and all the information presented, I hereby move
to adopt the findings presented in the staff report and to approve the growth policy
amendment with contingencies necessary to complete application processing.
Report Date: November 28, 2018
Staff Contact: Danielle Garber, Community Development Assistant Planner
Agenda Item Type: Action- Legislative
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The applicant, Bryan Klein, requests to amend the Bozeman Community Plan (Growth Policy)
land use designation from Residential (22.94 acres) and Present Rural (137.57 acre) to
Residential Emphasis Mixed Use (130.99 acres) and Community Commercial Mixed Use
(29.51 acres) on one parcel totaling 160.51 acres.
The site is adjacent to the new Bozeman Sports Park to the east, the new High School to the
southeast, recently developed and existing residential neighborhoods to the south, and
agriculture to the west and north. Baxter Creek runs north-south on the western portion of
the site, with NRCS and GLWQD delineated wetlands on the west and central portions of the
site. The current use is agricultural and residential, with a single-household residence, with
several associated barns, sheds, and outbuildings.
The Growth Policy calls for the development of land with the Present Rural land use
designation to follow various paths. The applicant is pursuing the path for the land to
“remain as currently underutilized until annexed and municipal services are available to
support a Residential or other urban land use category development.” The first step of this
process is the growth policy amendment request. The city has adopted facility plans for
water, wastewater, and transportation, and the Capital Improvements Plan which identify
the provision of services to this area, along with a schedule and funding source to construct
these facilities.
The 2016 Water Facility Plan Recommendations show water lines on all sides of the
perimeter of the site. The City of Bozeman’s 2017-2021 Capital Improvements Program
shows a Water Impact Fee funded line along Baxter Lane to the north. The CIP also shows
arterial and collector improvements along Cottonwood and Oak Street to the east of the site.
Submitted shortly after the growth policy amendment request was a request for annexation
and zoning, which will move forward if this request is approved. Appendix E provides notice
of substantive issues that will be addressed with future applications and development of the
area.
Alternatives
1. Approve the application with the recommended contingencies;
2. Approve the application with modifications to the recommended contingencies;
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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3. Deny the application based on the Planning Board’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.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................. 2
Project Summary ............................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 7
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ............................... 14
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 16
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 17
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 17
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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SECTION 1 - MAP SERIES
Figure 1 Future Land Use Map
Sports
Park
High
School 2
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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Figure 2 Future Land Use & Zoning Map
High
School 2
Sports
Park
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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Figure 3 Future Land Use Map & Closest Service Area Nodes Outlined in Pink
High
School 2
Sports
Park
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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SECTION 2 - RECOMMENDED CONTINGENCIES OF APPROVAL
If the Planning Board recommends approval of the application, the following contingencies
are recommended. Please note that these contingencies are necessary for the City to
complete the processing of the proposed amendment.
Recommended Contingencies of Approval:
1. The applicant shall submit, within forty-five (45) days of approval by the City
Commission, an 8½- x 11-inch or 8½- x 14-inch exhibit titled “2018 NW Corner of
Cottonwood and Oak Growth Policy Amendment” to the Department of Community
Development containing an accurate description of the property for which the growth
policy designation is being amended. The exhibit must be acceptable to the Department
of Community Development.
2. The resolution for the growth policy amendment shall not be drafted until the applicant
provides an exhibit of the area to be re-designated, which will be utilized in the
preparation of the resolution to officially amend the Future Land Use Map of the
Bozeman Community Plan.
SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS
Having considered the criteria established for a growth policy map amendment, the Staff
recommends approval with contingencies for the application as submitted. The
Development Review Committee (DRC) considered the amendment on October 24, 2018.
DRC comments included indication of city services being available or planned, the presence
of good transportation corridors adjacent to the property, procedures (growth policy
amendment, then zoning and annexation), and the requirement for a master plan or PUD
prior to development within the Residential Emphasis Mixed Use zoning designation.
The Planning Board will hold a public hearing on December 4, 2018 to make a
recommendation to the City Commission for the growth policy map amendment. The City
Commission will hold a public hearing on the growth policy map amendment on December
17, 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
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
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. The burden of proof, that the
application should be approved, lies with the applicant.
To reach a favorable decision on the proposed application the City Commission must find
that the application meets all of criteria 1-4 of Section 17.4, Bozeman Community Plan
Amendment procedures. In making these findings, they may identify that there are some
negative elements within a specific criteria with the final balance being a positive outcome
for approval.
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;
Staff first reviewed the proposal for its ability to cure a deficiency. As the City is currently in
the early stages of updating the 2009 growth policy, staff included the recent City
commissioned study titled Demographic and Real Estate Market Assessment by Economic &
Planning Systems, Inc. (EPS) to better understand how the community is changing and
establish projections for population growth, housing needs, and land use designations. The
EPS report is the most current City data regarding land use needs. This helps to determine if
the proposal is curing a deficiency or improving the growth policy through the requested
amendment.
The EPS study projects needs for different land uses and indicates that the Bozeman market
will need 12,700 new housing units from 2017 to 2045, with an average of 500 units being
constructed per year until 2030. The study projects that residential land demand will be 151
- 256 acres until 2020 and 477 - 808 acres from 2021 to 2030. The proposal would designate
131 acres as Residential Emphasis Mixed Use, which would help the City to accommodate
the projected growth and acreage needed to keep up with demand. Additionally, the study
projects the need for an additional 6.3 million square feet of commercial construction in
Bozeman from 2017 to 2045. This results in a need of 505 acres of commercial land until
2045, with an average of 18 acres needed annually. The proposal includes 29.5 acres of
Community Commercial Mixed Use land which will help accommodate the projected land
needed for commercial uses as Bozeman continues to grow.
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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Staff also reviewed the application to determine whether the proposal would result in an
improved growth policy which better responds to the needs of the general community. The
site is adjacent to the current city limits on two sides and is located near new facilities such
as the high school and sports park. Thus, development within the site would create
residential and commercial centers that are walkable and bikeable to/from these amenities
and would capitalize on city services and transportation corridor plans in the area.
Placement of commercial nodes are an essential organizing principle of the City’s land use
planning. See chapter 3 of the
growth policy for full details.
Presently, there is a deficiency
in available nodes in the area.
A small node at the
intersection of Annie Street
and Laurel Parkway was
removed. The recent
placement of the second high
school to the southeast and
the development of several
high intensity residential
developments to the south
provide key market support
for locating a commercial node as proposed with this application.
The proposed REMU and CCMU designation will allow for a variety of development types
and densities, it will improve the growth policy by addressing the current growth and
development in the area that may not have been apparent while updating the 2009 growth
policy. As shown at right, many of the surrounding parcels of land were unannexed at the
time of the last growth policy update.
Additionally, City services are either readily available for extension to the property or
planned for extension in the future. The City has adopted facility plans for Water,
Wastewater, and Transportation, as well as the Capital Improvements Plan which is
updated annually. All of these plans identify the provision of services to this area, and in the
case of the Capital Improvements Plan a schedule and funding source to construct these
facilities.
The subject site would capitalize on direct access to city services and significant
transportation grid components, including the intersection of two existing Principal
Arterials (Oak Street and Cottonwood Road). It also lies adjacent to a Minor Arterial
(Baxter Lane) and a Collector, Laurel Glen Parkway. The current Capital Improvements
2004
2015
2018
2012
2001
2013
2005
Subject
Property
Map of Annexations by Year
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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Plan identifies the following improvements to be completed and the year in which they are
scheduled as the following:
1. Oak/Cottonwood Intersection in fiscal year 2020
2. Cottonwood Road between Oak Street and Baxter Lane in fiscal year 2023
3. Baxter/Cottonwood Intersection in fiscal year 2023.
Cottonwood Road will eventually provide access to the new Bozeman Sports Park currently
being constructed along the east boundary providing a prime opportunity for growth in
this area. Due to these factors, the existing road network and provisions to expand the
transportation facilities to serve this project in the future appear to be in place.
Staff finds the proposed modification improves the growth policy to better respond to the
needs of the general community by addressing real-world, site specific opportunities and
constraints. It also improves the growth policy by locating a commercial node in a presently
underserved area.
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.
The 2009 Bozeman Community Plan Growth was created to “proactively and creatively
address issues of development and change while protecting public health, safety and
welfare.” While the plan outlines goals and implementation strategies to guide development,
some conditions and factors have changed in the past nine years, and the intent of the policy
is to provide for some flexibility to address these changes. When looking at the GPA proposal
only, and not taking any proposed site plan-related development into account, several goals
and objectives within the growth policy support this proposal, including:
Objective G-2.3: Strive to maintain a balanced supply of land for the variety of uses
necessary to support a vigorous city.
Objective LU-4.10: Encourage development throughout Gallatin County to occur
within existing municipalities and support the local ability to address and manage
change and growth.
Goal ED-1: Promote and encourage the continued development of Bozeman as a vital
economic center.
Objective ED-1.1: Support business creation, retention, and expansion. Emphasize
small businesses, ‘green’ businesses, and e-businesses.
Objective ED-1.2: Coordinate the provision of infrastructure necessary to support
economic development.
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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Goal LU-2: Designate centers for commercial development rather than corridors to
encourage cohesive neighborhood development in conjunction with non-motorized
transportation options.
Objective LU-2.2: Provide for a limited number of carefully sited regional service
centers which are appropriately sized and serviced by adequate infrastructure.
Objective LU-4.6: All mixed use areas should be developed on a grid of connectivity,
including streets, alleys, driveways, and parking areas that contain multimodal
facilities and a high level of connectivity to adjacent development. Shared use,
underground, or other structured parking is recommended to reduce surface parking
area.
Objective H-1.1 - Encourage and support the creation of a broad range of housing
types in proximity to services and transportation options.
Objective RCC-2.5: Work with School District 7 to coordinate future school locations
and development to integrate with the City’s transportation network, location of
residences, and location and use of public parks.
Some of the goals and objectives do not support this proposal, including:
Objective RA-1.1: Changes from Suburban Residential and Present Rural should occur
with the regular five year review period revisions rather than individual amendments
unless an extremely compelling case can be made for significant public benefit from
the amendment. Other categories can be the subject of an amendment in connection
with any Commission selected schedule.
Objective C-1.3: Support compatible infill within the existing area of the City rather
than developing land requiring expansion of the City’s area.
Objective ED-2.2: Support the preservation of Gallatin County’s historic agricultural
character and rural lifestyle.
Although there is tension between some goals and objectives, the policy also highlights the
need for balance, stating, “A growth policy must balance consistency and responsiveness to
the needs of the community… If the policy is not responsive, policies and actions are
continued that are no longer addressing community needs, frustration within the
community is caused, and correct guidance for future actions isn’t provided.” Staff has
evaluated where a balance between the various goals and objectives rests.
The area of the project is within the City’s long range utility and transportation plans and is
to be served in the future. The ongoing growth policy update has extended beyond the 5 year
review cycle as is allowed. With this in mind, the site-specific circumstances including the
surrounding land uses, proximity to major transportation infrastructure, and provision of
municipal services, as well as the additional economic development potential that is
supported by several goals and objectives, provide a sufficiently compelling case for
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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changing the Residential and Present Rural designation to Residential Emphasis Mixed Use
and Community Commercial Mixed Use.
The growth policy provides three paths for changing land uses designated as Present Rural,
with the City’s preferred path being, “Remain as currently utilized, until annexed and
municipal services are available to support a Residential or other urban land use category
development.” Annexation and extension of municipal services is proposed in this case, with
the first step being a growth policy amendment. The amendment therefore is consistent with
intent of the growth policy as it applies to development of lands designated as Present Rural.
The resulting changes to the map comply with the applicable goals and objectives of the
growth policy for urban development and expansion of the City.
3. The proposed amendment must be consistent with the overall intent of the
growth policy.
The overall intent of the growth policy is to look forward, ensuring that as change occurs, the
things that the community values most remain and thrive (page 1-1). See also the vision
statement in Section 1.2. The proposed growth policy amendment designates land for
residential and mixed use development that is in demand as the city continues to grow. The
site is located near compatible land uses, community parks, schools, and established
transportation corridors, with public facilities scheduled to be expanded to meet the needs
of the site. Future development is not expected to compromise any of the community’s best
aspects or values, particularly with the controls in place (zoning, subdivision review, utility
extension requirements) to manage land use change. The proposal enables continued urban
development within the City on municipal services.
4. The proposed amendment will not adversely affect the community as a whole
or significant portion by:
a) Significantly altering land use patterns and principles in a manner contrary to
those established by this plan,
The proposed map amendment will make minor alterations to land use patterns and
principles, and is in alignment with the overall goals and intent of the community.
The property is contiguous to the City on two sides, places a new commercial node in
a desirable location, provides for the logical expansion of utilities, parks, and
transportation, and provides for a variety of housing and commercial development.
b) Requiring unmitigated larger or more expensive improvements to streets, water,
sewer, or other public facilities or services, thereby impacting development of
other lands,
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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No negative impacts to other lands or the community as a whole are anticipated as a
result of the proposed growth policy amendment. The site is within the planned
service area for municipal utilities and the capital improvement plan includes
expansion of services and roadways in the area. Future development will require
municipal review for impacts and specifics for improvements and connecting to
services will be outlined and evaluated at that time. Appendix E provides early notice
to any future developer that there are necessary infrastructure issues to be resolved
prior to or concurrently with development. These will be adequately addressed
through annexation agreement, subdivision, and site review. Therefore, there will not
be adverse impacts from this amendment.
c) Adversely impact existing uses because of unmitigated greater than anticipated
impacts on facilities and services,
No adverse impacts have been identified at this time. Additional review will occur
during site development and mitigation of any potentially adverse impacts will be
required at that time, as required by municipal code. The proposed zoning which will
follow if this application is approved is more intensive than originally expected
during the facility planning process. Currently, city sewer service capacity is limited
in the area, with capital improvements scheduled for 2020. The City is actively
pursuing solutions to provide service to the area, and funding is allocated for this
project. The City can limit the intensity of development to that used in the facility
planning process until such time as additional capacity is made available. Therefore,
there will not be adverse impact on existing uses.
d) Negatively affect the livability of the area or the health and safety of the
residents.
Designation of this site as Residential Emphasis Mixed Use and Community
Commercial Mixed Use is compatible with surrounding land uses and should not
negatively affect the livability of the area or the health and safety of residents. The
commercially designated area will be separated from the residential area to the south
by Oak Street, a major arterial street. Streets will also separate the site on the east and
north from other users. The City often uses roads as separators between uses as they
which provide an inherent transition area. The City has adopted development
standards which control mass, scale, design, and intensity of development so that
dissimilar uses can be located in near proximity or contiguous. The City’s standards
prevent offsite impacts from development damaging adjacent agricultural land and
uses. The land use change would allow for a community service center with additional
residential opportunities to meet the expanding demands of the city. Therefore, no
negative impacts on livability or health and safety are identified.
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The property is zoned by Gallatin County as Agriculture Suburban. The property to the north
is also zoned Agriculture Suburban. The Applicant is proposing to change the zoning of this
property to REMU (Residential Emphasis Mixed Use) and Community Commercial Mixed Use
(CCMU). This request will be reviewed if the commission approves the GPA. The property
has historically been used for residential and agriculture.
Adopted Growth Policy Designation:
The following designations are applicable to this application.
Existing – Residential. The growth policy states, “This category designates places where the
primary activity is urban density dwellings. Other uses which complement residences are
also acceptable such as parks, low intensity home based occupations, fire stations, churches,
and schools. High density residential areas should be established in close proximity to
commercial centers to facilitate the provision of services and employment opportunities to
persons without requiring the use of an automobile. Implementation of this category by
residential zoning should provide for and coordinate intensive residential uses in proximity
to commercial centers. The residential designation indicates that it is expected that
development will occur within municipal boundaries, which may require annexation prior
to development…All residential housing should be arranged with consideration of
compatibility with adjacent development, natural constraints such as watercourses or steep
slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The
residential designation is intended to provide the primary locations for additional housing
within the planning area.”
Existing – Present Rural. The growth policy states, “This category designates areas where
development is considered to be generally inappropriate over the 20 year term of the
Bozeman Community plan, either because of natural features, negative impacts on the
desired development pattern, or significant difficulty in providing urban
services…Development within the Present Rural area would be generally disruptive to the
desired compact urban land use pattern depicted in the Plan. As Bozeman develops over
time, it is expected that the City will expand outward into areas previously designated as
present rural.” The growth policy provides three paths for changing land uses designated as
Present Rural, with the City’s preferred path being, “Remain as currently utilized, until
annexed and municipal services are available to support a Residential or other urban land
use category development.” Annexation and extension of municipal services is proposed in
this case, with the first step being a growth policy amendment.
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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Proposed – Residential Emphasis Mixed Use. The Residential Mixed-Use category
“promotes neighborhoods with supporting services that are substantially dominated by
housing. A diversity of residential housing types should be built on the majority of any area
within this category. Housing choice for a variety of households is desired and can include
attached and small detached single-household dwellings, apartments, and live-work units.
Residences should be included on the upper floors of buildings with ground floor commercial
uses…The category is appropriate near commercial centers and larger areas should have
access on collector and arterial streets. Multi-household higher density urban development
is expected. Any development within this category should have a well integrated
transportation and open space network which encourages pedestrian activity and provides
ready access within and to adjacent development.”
Proposed – Community Commercial Mixed Use. The growth policy states that, “activities
within this land use category are the basic employment and services necessary for a vibrant
community. Establishments located within these categories draw from the community as a
whole for their employee and customer base and are sized accordingly. A broad range of
functions including retail, education, professional and personal services, offices, residences,
and general service activities typify this designation. In the “center-based” land use pattern,
Community Commercial Mixed Use areas are integrated with significant transportation
corridors, including transit and non-automotive routes, to facilitate efficient travel
opportunities. The density of development is expected to be higher than currently seen in
most commercial areas in Bozeman and should include multi-story buildings…High density
residential areas are expected in close proximity. Including residential units on sites within
this category, typically on upper floors, will facilitate the provision of services and
opportunities to persons without requiring the use of an automobile… Mixed use areas
should be developed in an integrated, pedestrian friendly manner and should not be overly
dominated by any single land use. Higher intensity employment and residential uses are
encouraged in the core of the area or adjacent to significant streets and intersections. As
needed, building height transitions should be provided to be compatible with adjacent
development.”
Future Land Use Map. This map is a synthesis of many different ideas, public input, existing
conditions, and existing and desired land use patterns for the future. The map is the visual
representation of the land use patterns and ideas discussed in this chapter, and elsewhere
throughout this document. The map shows in a very broad manner acceptable uses and
locations throughout the community. It does not represent a commitment by the City to
approve every development proposed within each category. Neither does a designation
indicate that a property is free from constraints to development.
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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The map and other elements of this plan must be weighed and evaluated in conjunction with
the specific details of a proposed project which are beyond the scope of this plan but will be
addressed through the implementation tools discussed in Chapter 16 and Appendix I. The
provisions of any intergovernmental agreement between the City and County regarding land
use will influence the final development pattern with the defined planning area.
This plan looks at a twenty-year horizon as well as the current situation, so it is to be
expected that some areas which are not in conformance with the plan will be identified. This
plan recognizes the presence of these uses without specifically mapping or otherwise
identifying them. It is desired that these anomalies be resolved over the term of this plan so
that the land use pattern identified herein may be completed.
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
A growth policy amendment proposal to revise the future land use map from Residential and
Present Rural to Residential Emphasis Mixed Use (130.99 acres) and Community
Commercial Mixed Use (29.51 acres) on 160.51 total acres plus adjacent public rights-of-
way.
The site is in an area that is growing and developing, with the new Bozeman Sports Park, the
new High School, and recently developed and existing residential neighborhoods nearby.
Baxter Creek runs north-south on the western portion of the site, with wetlands on the west
and central portions of the site. These water features would be required to be mitigated
through site plan review in the future. The current use is agricultural and residential, with a
single-family residence, with several associated barn, shed, and outbuildings located on site.
The applicant is proposing to amend the growth policy to designate the property as
Residential Emphasis Mixed Use and Community Commercial Mixed Use. If approved, later
steps would include annexation and a zone map amendment, followed by any applicable
PUDs, master plans, or site plans for development.
The city has adopted facility plans for water, wastewater, and transportation, and the Capital
Improvements Plan which identify the provision of services to this area, along with a
schedule and funding source to construct these facilities.
The 2016 Water Facility Plan Recommendations show water line on all sides of the perimeter
of the site. The City of Bozeman’s 2017-2021 Capital Improvements Program shows a Water
Impact Fee line along Baxter Lane to the north. The CIP also shows arterial and collector
improvements along Cottonwood to the east of the site.
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was sent via US first class mail to all owners of property located inside the site
and within 200 feet of the perimeter of the site. The project site was posted with a copy
of the notice. The notice was published in the Legal Ads section of the Bozeman Daily
Chronicle on November 20, 2018. The Planning Board public hearing is scheduled for
December 4, 2018 and the City Commission public hearing is scheduled for December
17, 2018.
No public comment has been received as of the writing of this report.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owners: Baxter Ranch Holding LTD and Estate of Vesta F. Anderson, PO Box 3253, Billings,
MT 59103
Applicant: Bryan Klein, PO Box 11890, Bozeman, MT 59719
Representative: Kilday & Stratton, 2880 Technology Blvd W, Bozeman, MT 59718
Report By: Danielle Garber, Community Development Assistant Planner
APPENDIX E – ADVISORY COMMENTS
The following are provided to identify issues that will be addressed at the time of future
annexation and land development. These issues will be reviewed and required mitigation of
impacts will reflect the circumstances and planning documents in existence at the time of review.
1. Upon annexation, right-of-way must be provided consistent with the City collector and
arterial street standards for the surround streets with a future annexation as per
Bozeman Municipal Code (BMC) 38.400.010.A. The applicant should consult the City of
Bozeman Design Standard and Specification Manual and Transportation Master Plans
for the required right-for-way and street classifications.
2. Upon annexation the applicant must provide and file with the County Clerk and
Recorder's office executed Waivers of Right to Protest Creation of Special Improvement
Districts (SID’s) for the following:
a. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk,
lighting and storm drainage
b. Street improvements to North Cottonwood Road including paving, curb/gutter,
sidewalk, lighting and storm drainage
c. Street improvements to Harper Puckett Road including paving, curb/gutter,
sidewalk, lighting and storm drainage
d. Street improvements to West Oak Street including paving, curb/gutter, sidewalk,
lighting and storm drainage
e. Street improvements to North Laurel Parkway including paving, curb/gutter,
sidewalk, lighting and storm drainage
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
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f. Intersection improvements to Baxter Lane and North Cottonwood Road
g. Intersection improvements to Baxter Lane and Harper Puckett Road
h. Intersection improvements to Baxter Lane and North Laurel Parkway
i. Intersection improvements to West Oak Street and North Cottonwood Road
j. Intersection improvements to West Oak Street and Harper Puckett Road
k. Intersection improvements to West Oak Street and North Laurel Parkway
The applicant may obtain a copy of the template SID waiver from the City
Engineering Department (Griffin Nielsen). 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 per the time describe within the annexation agreement.
3. BMC 38.410.130.C allows for deferment of cash-in-lieu of water rights or transfer of
water rights for vacant land when the annexation is in excess of ten acres. The applicant
must provide water rights and/or payment of cash-in-lieu of water rights upon future
development. The City is aware the property has existing water rights and will require
rights at the time the transfer is due.
4. Future development relies on a number of sanitary sewer infrastructure pieces defined
in the City Wastewater Collection Facilities Plan including proposed Davis Lane Lift
Station, Norton East Ranch Outfall Interceptor/or an alternative solutions, the built out
of the Aajker Creek Basin/and Gooch Hill Lift Station to be in place to serve the whole of
the property. Development within the property will not be permitted until the
subsequent infrastructure has been constructed to serve the portion of the property.
5. Looped water main that meets the requirements of the City Design Standards and
Specifications Policy and consistent with the City of Bozeman Water Facility Plan will be
required upon future development. The property is located at the edge of two different
water pressure zone. The applicant must construct pressure-reducing valves to
accommodate connection to the pressure zones upon future extension of water mains
to the property.
6. Upon future development, the applicant must construct an appropriate local street grid
through the property that meets block length requirements defined in BMC 38.410.040.
7. Upon future development, the applicant must construct a trail network through the
property as defined in the City Parks, Recreation, Open Space, and Trails (PROST) Plan.
8. Upon future development, the applicant must construct a stormwater system consistent
with the requirements of the City Design Standards and Specifications Policy. The
18-450, Staff Report for the Corner of Cottonwood and Oak Growth Policy Amendment.
Page 19 of 19
northwest quadrant of Bozeman experiences high season groundwater elevations, prior
to the approval for future development the season high must be identified.
9. Provide a copy of the proposed street grid for this file to justify that the proposed future
boundary between zoning districts will approximately follow the centerline of streets
per Section 38.300.050.
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.
Application materials
Public Comment to date