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Home My WebLink About97- Gateway Limited Partners for Approval of Amendment to the Bozeman Area Master Plan , , , \ . I BEFORE THE BOZEMAN COMMISSION CITY OF BOZEMAN, MONT ANA IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT GATEWAY LIMITED PARTNERS FOR APPROVAL AND ORDER OF AMENDMENT TO THE BOZEMAN AREA MASTER PLAN PURSUANT to the Bozeman Area Master Plan, public hearings were scheduled, after notice given, before the Bozeman City-County Planning Board on July 1, 1997, the Bozeman City Commission on July 21, 1997, and the Gallatin County Commission on July 22, 1997, on the above- entitled application. The purpose of the public hearings was to review the Master Plan Amendment application, known as the Gateway Limited Partners Master Plan Amendment, to initially classify 148.05 acres ofland as Urban Residential Infill on the Land Use Plan Element for property described as a parcel ofland being located in the SW 1/4 of Section 2, T2S, RSE, M.P.M., Gallatin County, Montana, excepting therefrom the W 1/2, W 1/2, NW 1/4, SW 1/4 and the W 1/2, W 1/2, W 1/2, SW 1/4, SW 1/4, 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 and the public wishing to appear and . comment before the Bozeman City-County Planning Board and Gallatin County Commission 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 will initially classify an Urban Residential Infi1l designation in the Land Use Element of the 1990 Bozeman Area Master Plan Update for property situated approximately one-half mile west of the intersection of North 19th Avenue and Durston Road, and one-quarter mile due west of Emily Dickinson School. The area effected by the Master Plan Amendment is identified as a parcel of land being located in the SW 1/4 of Section 2, T2S, RSE, M.P.M., Gallatin County, Montana, excepting therefrom the W 1/2, W 1/2, NW 1/4, SW 1/4 and the Qmli)t.:Mm~W~:~ij.~$.::Ii~tl'.iil:..ImI~i.fi:ll4Ij~::ll~'-.'.~ 1 ~ , W 1/2, W 1/2, W 1/2, SW 1/4, SW 1/4, containing 148.05 acres. II. The application for a Master Plan Amendment was submitted to the Bozeman City-County Planning Office in response to the four criteria listed in the Plan for modifications to the Land Use Element. The application was reviewed by local and state agencies, and local advisory bodies, and comment provided the City-County Planning Office. Those comments, along with those of the City- County Planning Office, were then incorporated into a Staff Report which was forwarded to the Bozeman City County Planning Board. III. Notice ofthe public hearings before the Bozeman City-County Planning Board, Bozeman City Commission and Gallatin County Commission were published in the Bozeman Daily Chronicle on June 15, 1997, and notice was mailed by regular mail to all adjacent land owners of said amendment request. IV. The application for Master Plan Amendment review was heard before the Bozeman City- County Planning Board at their regular scheduled meeting on July 1, 1997. The Planning Staff presented the application and noted into the public record of no written testimony received on the application for a Master Plan Amendment. After finding that the application was properly submitted and reviewed under the procedures set forth in the Plan, the Bozeman City-County Planning Board made a request for public conunent. Hearing no public testimony the Planning Board closed the public portion of the public hearing. There being no public testimony in opposition to, favor of, or in a neutral position on the approval of this application, and finding that the proposal complied with the four criteria in the Bozeman Area Master Plan, the Bozeman City-County Planning Board, on a vote of eight to zero, voted to forward this application with a recommendation of approval to the Bozeman City Commission and Gallatin County Commission. V. The matter was scheduled before the Bozeman City Commission on July 21, 1997, at which time the master plan amendment request w~s opened and continued at the request ofthe applicant's representative, Mr. Joseph W. Sabol. The matter was rescheduled before the Bozeman City ~.~::~m~,~ij.r~~~tl.gil:~.'~~::~:~Eml)l..Qff~.!iuPm~f 2 . . Commission on August 11, 1997 and the Staff Report was reviewed by the City-County Planning Staff. A request for public conunent was made by the Commission, with no public testimony in favor of, in opposition to, or in a neutral position on the proposed amendment to the PIan. VI. The Bozeman. City Commission reviewed the four criteria established in the Bozeman Area Master Plan to evaluate this application and found as follows. CRITERIA 1: WHETHER THE DEVELOPMENT PATTERN CONTAINED IN THE LAND USE PLAN INADEQUATEL YPROVIDES APPROPRIATE OPTIONAL SITES FOR THE USE PROPOSED IN THE AMENDMENT, The property in question is currently located in County Zoning District No. One and is presently not part of the jurisdiction of the 1990 Bozeman. Area Master Plan Update. As a prerequisite of the applicant's request to annex to the City of Bozeman, the purpose of this application is to establish an initial land use classification for the subject property on the Land Use Plan Element of the Bozeman Area Master Plan, which will establish an appropriate urban land use classification that is consistent with the land use patterns ofthe Master Plan. CRITERIA 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 amendment would be an overall improvement to the Master Plan by adding to the comprehensive plan approximately 148 acres ofland that currently restricts the conununity's ability to allow for future urban growth beyond the existing City limits in the area of this application. CRITERIA 3: WHETHER THE AMENDMENT WILL ADVERSELY IMP ACT THE COMMUNITY AS A WHOLE OR A PORTION OF THE COMMUNITY BY: A. SIGNIFICANTLY ALTERING ACCEPT ABLE EXISTING LAND USE PATTERNS. The proposed amendment would cause a significant alteration to existing land use patterns for the subject property based on the historical use ofthe land for agricultural purposes. However, in terms of urban growth and development, this application for a Master PIan Amendment is a logical extension of residential development occurring in the area. The property's proximity to Emily Dickinson School and Rose Park reinforce the arguments that the subject property is an appropriate location for residential development, benefitting the conununity as a whole by providing for a variety of housing types, sizes and costs. B. REQUIRING LARGER AND MORE EXPENSIVE IMPROVEMENTS TO ROADS, SEWER OR W ATERSYSTEMS THAN ARE NEEDED TO SUPPORT THE PREVAILING LAND USES AND WHICH, THEREFORE, MAY IMP ACT DEVELOPMENT OF OTHER LANDS. The proposed amendment is located within the boundaries of the urban growth area and current service boundary of the existing sewer system. With annexation of said property, municipal infrastructure will be available and may be extended to the property in order to develop at urban densities. Impacts identified with development of the property should not be sufficient to impede the development of other lands and m#.~)f.llffi~::I.<<~:::~~~fi:::tIE<<I~~~f:~~~41ijj~)Mi:~~:~I~:~~@ ~. . - , , are susceptible to mitigation by the developer during developmental review. Mitigation of any impacts identified with development of the property will be evaluated in detail during subdivision and/or site plan review. C: ADVERSELY IMP ACTING EXISTING LAND USES BECAUSE OF INCREASED TRAFFIC ON EXISTING SYSTEMS. The boundaries of this application for a Master Plan Amendment is generally defined on all four sides by existing and/or future major elements ofthe area's transportation system. It is currently bound on the south by Durston Road, an existing arterial street and on the north by the future right-of-way for West Oak Street, a proposed major arterial street. The Transportation Element of the 1990 Bozeman Area Master Plan suggests the need for development of proposed arterial or collector streets on the east and west sides of the amendment request. Improvements to these elements of the area's transportation network, as well as local subdivision streets, will be necessary with development ofthe property in order to mitigate any identified traffic impacts to the existing system, As the property is considered a logical extension of the existing urban residential boundaries, as such is the logical extension and implementation of the area's transportation system. Signalization at the intersection of North 19th Avenue and West Oak Street, if not Baxter Lane, may be an issue with development of said property. D. AFFECTING THE LIVABILITY OF THE AREA OR THE HEALTH AND SAFETY OF THE RESIDENTS. Once the subject property has established the appropriate land use classification and zoning designation on said lands, the regulatory standards of the Bozeman Area Subdivision Regulations and Bozeman Zoning Ordinance will ensure the livability of the area, and the health and safety ofthe residents through subdivision and site plan review for any development proposal. CRITERIA 4: WHETHER THE AMENDMENT IS CONSISTENT WITH THE OVERALL INTENT OF THE MASTER PLAN. The Bozeman Area Master Plan and Land Use Plan element constitutes a land use policy statement that was created based upon prevailing needs, the existing development pattern, underlying zoning, considerations ofbothman-made and natural constraints and opportunities for development, and accepted planning practices. The proposed Master Plan Amendment would appear to be consistent with the overall intent ofthe Master Plan, as well as the urban growth patterns and lands uses currently established in this sector of the community. The Urban ResidentialInfillland use classification is encouraged in the area of this Master Plan Amendment and is considered consistent in this area for lands currently located in County Zoning District No. One. VII. After reviewing the staff report, the recommendation of the Bozeman City-County Planning Board, receiving no public testimony, and finding that the proposal complied with the four criteria in the Bozeman Area Master Plan, the Bozeman City Commission, on a vote of 3 to 0, voted to approve the application for a Master Plan Amendment to the 1990 Bozeman Area Master Plan. ORDER ~m.YQ#1it~4g~~::Mi~ti~~,jmE;#.i#i#ml~~:Hdlig~:'pti@t:'.P#t~{' 4 . . . .. , , 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 ofthe 1990 Bozeman Area Master Plan Update, and the land use element of the 1990 Bozeman Area Master Plan shall be amended do initially designate all property within the Gateway Limited Partners Annexation as "Suburban Residential Infill", upon annexation of said property. DATED this 15th day of December ,1997 BOZEMAN CITY COMMISSION ( C/O:a-t /"~~"'~. Don E.Stueck, MAYOR ATTEST: ~J~ Robin L. Sullivan Clerk of the Commission G~~.Y:~I~i~~~::~lnl$::.tii:tJl::.~~IiI1.f:~mm#.l::I~ilMml:m4~r J