HomeMy WebLinkAbout98- 360 Ranch, Etal for Amendment of 1990 Bozeman Area Master Plan Update
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BEFORE THE BOZEMAN CITY COMMISSION
CITY OF BOZEMAN, MONTANA
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
360 RANCH, ET AL FOR AN AMENDMENT OF THE
1990 BOZEMAN AREA MASTER PLAN UPDATE
PURSUANT to the 1990 Bozeman Area Master Plan Update, public hearings were held,
after notiee given, before the Bozeman City-County Planning Board on June 17, 1997, with the
decision deferred to July 1, 1997; before the Bozeman City Commission on July 7, 1997, July 14,
1997, and August 4, 1997; and before the Gallatin County Commission on July 8, 1997 and October
28, 1997, on the above-entitled application. The purpose of the public hearings was to review a
proposed amendment to the 1990 Bozeman Area Master Plan Update, as submitted by the applicant,
together with the required supplementary plans and infonnation, to determine if the infonnation
submitted meets the requirements of the Bozeman Area Master Plan, and in addition, to listen to
public testimony concerning the application and to consider written comments.
It appeared to the City Commission that all parties wishing to appear and comment were given
the opportunity to do so, and as the City Commission was fully advised of all matters having come
before them regarding this application, they make the following Findings of Fact, as required:
FINDINGS OF FACT
I.
The applieation for Master Plan Amendment was made on April 17, 1997. The purpose of
the Master Plan Amendment was to amend the Land Use Element of the 1990 Bozeman Area Master
Plan Update on property proposed to be annexed and rezoned, so the designations would reflect
urban development and zoning, and to expand the Urban Growth Area and Sewer Service Area
Boundaries to correspond with the proposed annexation. The property in question is commonly
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known as the Valley West Annexation, is approximately 411 acres in size, and is located west of
Ferguson Avenue, south of Durston Road, and north of U.S. 191. The Master Plan Amendment, as
applied for, would not affect the entire property, but would amend the land use designation on
portions of the property from Suburban Residential, Rural Residential, and Urban Residential to
Urban Residential Infill with some Conunercial.
II.
Notice of the public hearings was published in the Bozeman Daily Chronicle, on June 1 and
15, 1997. Property owners within 200 feet of the subject property were notified by regular mail of
the hearings, and the notice of the hearing was posted on the property.
III.
The matter was heard before the Bozeman City-County Planning Board on June 17, 1997 and
July 1, 1997. Five letters were received in support ofthe proposed amendment, as was a petition in
support of the annexation with approximately 550 signatures. One letter expressing concern
regarding traffic impacts to Durston Road was also received. Four members ofthe public spoke in
favor of the application at the June 17, 1997 hearing.
IV.
After finding that the Master Plan Amendment was properly submitted and reviewed under
the procedures set forth in the Master Plan, the Planning Board reviewed and considered the four
criteria established on page 65 of the 1990 Bozeman Area Master Plan Update. A majority of the
Board found that they could support most of the Master Plan Land Use Element designations
proposed, but could not support a Conunercialland use designation for 10.2 acres west of the Billion
Auto Plaza Subdivision, as they felt this 10.2 acres, along with the entire 20 acres ofR-O zoned
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property in this area should more appropriately have a land use designation of Business
ParklIndustrial, which would better control the possibility of strip connnercial development along US
191. A majority of the Board further found that they could not support the expansion of the Urban
Growth and Sewer Service Boundaries, as these boundaries should not be expanded in a piece-meal
basis, and instead should be reviewed when the entire Plan is updated. The Board further found that
the supported amendments would cause the Master Plan designation to be in compliance with the
urban zoning designations proposed for the property.
Based on their review and findings, the Bozeman City-County Planning Board forwarded
Resolution No. P-972l to the Bozeman City Commission and the Gallatin County Commission,
which recommended that the land use element of the 1990 Bozeman Area Master Plan Update be
amended, if the property is annexed, from Suburban Residential and Urban Residential to Urban
Residential Infill.
V.
The matter was then considered at a public hearing before the Bozeman City Commission on
Monday, July 7, 1997, at which time the City Commission passed Commission Resolution No. 3188,
being a Resolution of the City Commission of the City of Bozeman, Montana, stating the City's intent
to Amend the Land Use Element of the 1990 Bozeman Area Master Plan Update on approximately
411 acres lying along the south side of Durston Road, west of Ferguson Road, and north of US
Highway 191.
At the hearing, the applicants' representative indicated the applicants are willing to accept the
Business ParklIndustrialland use designation recommended by the City-County Planning Board on
the property located at the northwest comer of US 191 and Cottonwood Road, which includes the
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Billion Auto Plaza Subdivision. No one spoke in opposition to the Master Plan Amendment. The
verbal portion of the public hearing was closed and the written portion of the public hearing was
continued to 12:00 noon on Thursday, July 10, 1997, and the decision on the application was
continued to July 14, 1997.
VI.
At the July 14, 1997 meeting, the City Commission voted to postpone their action on the
Master Plan Amendment until August 4, 1997, at which time the Commission will also be considering
their decision on the annexation of the property.
VII.
At their July 28, 1997 regular meeting, the City Commission received an eight-page memo
from the Planning Staff which responded to 23 questions raised by Commissioners regarding the
Annexation, Rezoning and Master Plan Amendment on the subject property, and further received a
nine-page fiscal impact analysis along with an executive summary of the analysis.
Due to the volume ofinfonnation received, the Commission indicated its intent to reopen the
public hearings on all three of the applications at the August 4, 1997 meeting. The Clerk of the
Commission so noticed the public hearings.
VIII.
At their August 4, 1997 meeting, the Bozeman City Comrnissionreopened the public hearing
on the Master Plan Amendment. No member of the public spoke in support of or in opposition of
the application.
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Based on all infonnation received, and particularly on the earlier indication of a majority of
the Commission that the property would be annexed to the City of Bozeman, the Commission
concurred with the Bozeman City-County Planning Board's reconun.endation of amending the
majority of the area to "Urban Residential Infill", to not support a "Commercial" designation on US
191, and to support a ''Business ParklIndustrial" designation on 40 acres at the northwest comer of
of the intersection of Cottonwood Road and US 191, and on a 5-0 vote, approved a motion to
approve the Master Plan Amendment to amend the land use designation, and further concurred that
the Urban Growth and Sewer Service Boundaries should not be amended at this time, as requested
by the applicant.
ORDER
IT IS HEREBY ORDERED that the Master Plan Amendment hereby approved has been
found to comply with the established review criteria established on page 65 of the 1990 Bozeman
Area Master Plan Update, and the land use element of the 1990 Bozeman Area Master Plan Update
shall be amended to designate all property within the Valley West Annexation currently designated
"Urban Residential", "Rural Residential", and "Suburban Residential" to "Urban Residential Infill",
with the exception of approximately 40 acres located at the northwest comer of US 191 and
Cottonwood Road, which shall be designated ''Business ParklIndustriaP', upon annexation of the
property. It is further ordered that the applicants' request to expand the Urban Growth and Sewer
Service Boundaries of the 1990 Bozeman Area Master Plan Update not be approved.
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Dated this..2.0- day of January .19~.
BOZEMAN CITY COMMISSION
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ATTEST:
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Robin L. Sullivan
Clerk of the Commission
APPRO~ AS TO FORM:
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Paul J. Luwe, .
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