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HomeMy WebLinkAbout97- Scenic Developers, Payne Family Trust and Ralph and Steven Aaker . i i , AAKERIPA YNEISCENIC DEVELOPERS MASTER PLAN AMENDMENT FINDINGS OF FACT AND ORDER BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF SCENIC FINDINGS OF FACT DEVELOPERS, PAYNE FAMILY TRUST, AND RALPH AND ORDER AND STEVEN AAKER FOR APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENTOFTHE BOZEMAN AREA MASTER PLAN PURSUANT to the Bozeman Area Master Plan, the Bozeman City Commission reviewed the proposed Amendment to the Land Use Element of the 1990 Bozeman Area Master Plan Update, hereinafter referred to as the "Plan", as submitted by the applicant, together with the required supplementary plans and information, to determine if the information submitted meets the requirements of the Plan, and in addition, to listen to public testimony concerning the application. 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 it regarding this application, makes the following Findings of Fact, as required: FINDINGS OF FACT I. The application for Master Plan Amendment to change the Master Plan designation on 120.37 acres owned by Scenic Developers, Inc., the Payne Family Trust, and Ralph and Steve Aaker, to "Urban Residentiallnfill" on 64.04 acres and "Commercial" on 56.33 acres, located as Tracts of land in the SE% of Section 14 , T2S, R6E, PMM, Gallatin County, Montana, and commonly known as lying west of South 19th Avenue and between Lincoln Road and Stucky Road, was made on November 18, 1996. II. The application was reviewed by City Staff for compliance with the four criteria listed in the Plan for modifications to the Land Use Element. The application was reviewed also by the Development Review Committee of the City of Bozeman. Those 1 , . i , i AAKERIPA YNEISCENlC DEVELOPERS MASTER PLAN AMENDMENT FINDINGS OF FACT AND ORDER comments, along with those of the City-County Planning Staff, were then incorporated into a Staff Report which was forwarded to the City-County Planning Board. III. The Bozeman City-County Planning Board considered the application at their regular meeting on February 4, 1997. After finding that the application was properly submitted and reviewed under the procedures of the Bozeman Zoning Ordinance and the Plan, the City-County Planning Board, upon hearing no opposition to the approval of this application and finding that the proposal complied with the four criteria in the Bozeman Area Master Plan, forwarded this application with a 7-1 vote of recommendation of approval to the City Commission for action. IV. The matter was heard before the Bozeman City Commission on February 18, 1997, at which time the Staff Report was reviewed by the City-County Planning Staff, including the recommendation forwarded by the City-County Planning Board. A request for public comment was made by the Commission, with no members of the public testifying in opposition to the proposed amendment to the Land Use Element of the Plan. The Applicant's representative made a short presentation in favor of the proposal and answered the Commission's questions. The City Commission approved the application on a vote of 5-0 and forwarded it to the County Commission for action. V. The Commission reviewed the four criteria established in the Bozeman Area Master Plan to evaluate this application. The criteria mentioned above are: 1) Whether the development pattern contained in the Land Use Plan inadequately provides appropriate optional sites for the use proposed in the amendment. 2) Whether the amendment constitutes an overall improvement to the Master Plan or would be solely for the good or benefit of a particular landowner or owners at a particular point in time. 3) Whether the amendment will adversely impact the community as a whole or a portion of the community by: . Significantly altering acceptable existing land use patterns, 2 . . . .. AAKERIPA YNEISCENlC DEVELOPERS MASTER PLAN AMENDMENT FINDINGS OF FACT AND ORDER . requiring larger and more expensive improvements to roads, sewer or water systems than are needed to support the prevailing land uses and which, therefore, may impact development of other lands, . Adversely impacting existing uses because of increased traffic on existing systems, or, . Affecting the livability of the area or the health and safety of the residents. 4) Whether the amendment is consistent with the overall intent of the Master Plan. Following is an evaluation of the proposed changes against these criteria. Criterion 1: Whether the development pattern contained in the Land Use Plan inadequately provided appropriate optional sites for the use proposed in the amendment. The Land Use Element of the Plan does provide other optional sites for "Urban Residential Infill" and for "Commercial". The great majority of the property designated as commercial lies along Main Street or farther north. There are no substantial existing areas for commercial development in the vicinity. The placement of the "Commercial" designation at this location appears to best meet the Master Plan requirements for the establishment of a commercial node. Other sites are provided throughout the community for "Urban Residentiallnfill". With annexation for a 3.1 acre portion of the area requested to be designated as "Urban Residential Infill" approved, it is appropriate to change to a designation for areas within the City limits. The requested change to "Urban Residential Infill" is not appropriate for the portion of the property which is located west of the center ditch, as this property has not requested annexation to the City of Bozeman at this time. Criterion 2: Whether the amendment constitutes an overall improvement to the Master Plan or would be solely for the good or benefit of a particular landowner or owners at a particular point in time. The proposed changes will place an adequate commercial node on the southern portion of the City. This will allow commercial development in closer proximity to residences and encourage the use of nonautomobile transportation. This will further the energy conservation goals of the Master Plan. Criterion 3: Whether the amendment will adversely impact the community as a whole or a portion of the community by: 3 . . , . AAKERIPA YNEISCENlC DEVELOPERS MASTER PLAN AMENDMENT FINDINGS OF FACT AND ORDER a. Significantly altering acceptable existing land use patterns. The proposed land use designation of "Urban Residential Infill", where applicable to the area approved for annexation, does not alter acceptable existing land use patterns in the immediate area. The change to "Commercial" will be a change in existing use patterns. However, the Master Plan contemplates the placement of commercial uses at the intersections of arterials and collectors. As both South 19th Avenue and Kagy Boulevard are designated arterials the requested amendment meets the intent of the Master Plan. The proposed designations would allow a more dense development than the existing designation but one which is not incompatible with adjacent city areas. b. Requiring larger and more expensive improvements to roads, sewer or water systems than are needed to support the prevailing land uses and which, therefore, may impact development of other lands. The future development of the area encompassed by the proposed amendment has the potential to create substantial impacts. The impacts do not appear to be sufficient to impede the development of other lands. Impacts will be further evaluated at the Subdivision and Site Plan Review stages. The impacts which are likely to occur are susceptible to mitigation which can be required as actual development occurs. Any new development will also be assessed impact fees which will assist in providing required services. c. Adversely impacting existing uses because of increased traffic on existing systems. The development of this property will create substantial amounts of additional traffic on South 19th Avenue. Both Kagy Boulevard and South 19th Avenue are designated as arterials in the Master Plan and will be able to convey the additional traffic. The future developers of the property will be required to mitigate adverse impacts. Specific demands would be further assessed during the development review process and specific conditions could be placed on future development to avoid negative impacts if it was deemed necessary. d. Affecting the livability of the area or the health and safety of the residents. The parcel under consideration for this amendment is within the Entryway Corridor Overlay District and development will need to meet the design criteria provided for South 4 . . ~ . . AAKERIPA YNEISCENlC DEVELOPERS MASTER PLAN AMENDMENT FINDINGS OF FACT AND ORDER 19th Avenue. The requirements and review processes of annexation, zoning, and the Entryway Corridor Overlay District will protect the livability of the area and the health and safety of residents. Criterion #4 Whether the amendment is consistent with the overall intent of the Master Plan. The Plan and Land Use Element of the Plan constitute a land use policy statement that was created based upon prevailing needs, the existing development patterns, underlying zoning, considerations of both man-made and natural constraints and opportunities for development and accepted planning practices. Based upon the policy statement the proposed amendment would appear to be in compliance with the overall intent of the Plan and would forward some of its goals including the provision of a full range of housing options and encouraging the conservation of energy. VI. The publiC testimony portion of the public hearings was closed by the City Commission and following discussion by the Commission, the Commission found that the proposed amendment would meet the four criteria for amendment of the Land Use Element of the Plan, and as modified with conditions does not detrimentally affect the primary review criteria established by the Master Plan. The evidence that justifies the conditions is that without the completion of the conditions below there is no need for the proposed amendment. VII. The matter was heard before the Gallatin County Commission on March 4, 1997, at which time the Staff Report was reviewed by the City-County Planning Staff. A request for public comment was made by the Commission, with no members of the public testifying in favor of or in opposition to the proposed Master Plan amendment. The Applicant's representative made a short presentation in favor of the proposal and answered the Commission's questions. Following County Commission Discussion the Commission voted to approve the modification to the Master Plan. 5 .. . ,. . ; .. .' AAKERIPA YNEISCENIC DEVELOPERS MASTER PLAN AMENDMENT FINDINGS OF FACT AND ORDER ORDER IT IS HEREBY ORDERED that an amendment to the Land Use Element of the Bozeman Area Master Plan 1990 Update be therefore approved, changing the Land Use designation to "Urban Residential Infill" for the approximately 3.1 acre portion approved for annexation to the City of Bozeman, and changing the Land Use designation to "Commercial" for 56.33 acres, subject to the following conditions: 1. Annexation to the City of Bozeman be completed for the 3.1 acre portion requesting the designation of "Urban Residential Infill" and which has received approval for annexation. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, M.C.A. DATED this 2nd day of September, 1997. BOZEMAN CITY COMMISSION BY: { OU>! I'..f{~;-i~~.,l Don E. Stueck, Mayor ATTEST: APPROVED AS TO FORM: rJt.l~ Robin L. Sullivan Clerk of the Commission 6