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HomeMy WebLinkAbout97- Amendment of Bozeman Area Master Plan : .; . . '. t BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICATION OF THE FINDINGS OF FACT BOZEMAN CITY-COUNTY PLANNING BOARD AND ORDER FOR APPROVAL 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 April I, 1997, the Bozeman City Commission on April 21, 1997, and the Gallatin County Commission on April 22, 1997, on the above-entitled application. The purpose of the public hearings was to review the Master Plan Amendment application, known as the Maple Terrace Master Plan Amendment, to change the Class I Entryway Corridor Roadway designation to a Class II Entryway Corridor Roadway on the Land Use Plan Element for property described as Lots 15-23, Block A, Maple Terrace Subdivision, and Lots 1, 17, and 19 of the Homesites Subdivision, 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 Bozeman City 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 change the Entryway Corridor Roadway designation in the Land Use Element of the 1990 Bozeman Area Master Plan Update for the east side of North 19th Avenue between Durston Road and the south boundary of Covered Wagon Mobile Home Park from a Class I Entryway Corridor Roadway to a Class II Entryway Corridor Roadway. The area effected by the Master Plan Amendment is identified as Lots 15-23, Block A, Maple Terrace Subdivision, City of Bozeman, Gallatin County, Montana, and Lots 1, 17, and 19 of the Homesites ~pt~,1;w;t:I~::.Ir::I~I:_~@i~~liml::Q~:I~m".:Q. it: . . ... .. " Subdivision, Gallatin County, Montana, both being located in the SW 1/4 of Section 1, T2S, R5E, M.P.M., Gallatin County, Montana. II. The application for a Master PIan Amendment was prepared by the Bozeman City-County Planning Office, on behalf of the Bozeman City-County Planning Board, in response to the four criteria listed in the PIan 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 March 16, 1997, and notice was mailed by regular mail to aU major land owners and citizens requesting notice, IV. The application for Master Plan Amendment review was heard before the Bozeman City- County Planning Board at their regular scheduled meeting on April 1, 1997. The Planning Staff presented the application and noted into the public record of no written testimony on the application for a Master PIan 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 comment. 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 often 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 heard before the Bozeman City Commission on Apri121, 1997, at which time the Staff Report was reviewed by the City-County Planning Staff. A request for public comment was l~p~~,~1tlt;~'..I:~:I~I~_!.@fil.:p.fi~~!::,.:~Q. Ii . '. .. , .. made by the Commission, with no public testimony in favor of, or in opposition to, the proposed amendment to the Plan. Mr. Ruel Brown, 707 Blackmore Place, commented if there would be any impact on his property with said amendment, and was assured that the amendment would not impact the current use of his property. 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 PLANINADEQUATEL Y PROVIDES APPROPRIATE OPTIONAL SITES FOR THE USE PROPOSED IN THE AMENDMENT. The application for a Master Plan Amendment is not directly related to land use classifications and patterns with exception that it is located in an entryway overlay district. The amendment will not change the Urban Residential Infill land use classification, which is currently established in the 1990 Bozeman Area Master Plan Update. 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 application for a Master Plan Amendment is intended to recognize a concern voiced by residents of the area regarding the potential impacts on the neighborhood that may be generated by the proximity of North 19th A venue. Reduction in the entryway corridor front yard setback to twenty-five (25) feet would increase the marketability and development ofthe existing subdivision lots effected by the recent North 19th A venue improvements. As a result, limited commercial development with a reduced front yard setback on said lots should accelerate development of the properties, as well as implementation of a physical buffer between the arterial street and adjacent neighborhoods. CRITERIA 3: WHETHER THE AMENDMENT WILL ADVERSELY IMP ACT THE COMMUNITY AS A WHOLE OR A PORTION OF THE COMMUNITY BY: A. SIGNIFICANTLY ALTERING ACCEPTABLE EXISTING LAND USE PATTERNS. The amendment to designate the North 19th Avenue entryway corridor in this area as a Class II corridor would not alter the existing land use patterns in the area. The properties affected by this application would remain Urban Residential Infill and would develop based on the parameters outlined previously in this staffreport. 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 reclassification from a Class I entryway corridor roadway to a Class II corridor would not require larger and more expensive improvements to roads, sewers or water systems. Adequate infrastructure and transportation facilities are currently provided in the area. l~p~~:,rn<<~@#,:BIi::~~I:_l:::t::i~I.::p.'.:::.:~~. ~, ~. .~ .. .. ~. c: ADVERSELY IMP ACTING EXISTING LAND USES BECAUSE OF INCREASED TRAFFIC ON EXISTING SYSTEMS. The application to amend the 1990 Bozeman Area Master Plan and North 19th A venue/Oak Street Corridor Master PIan would not adversely impact existing Iand uses because of increased traffic on existing systems. D. AFFECTING THE LIVABILITY OF THE AREA OR THE HEALTH AND SAFETY OF THE RESIDENTS. This proposal for a Master Plan Amendment to the 1990 Bozeman Area Master Plan and North 19th Avenue/Oak Street Corridor Master Plan was initiated by the Planning Board and supported by the City Commission and County Commission to avoid the need for owners and/or future developers of the properties in the subject area to apply for multiple variances from the 50-foot front yard setback requirement imposed by the Class I entryway corridor designation. During public review of the North 19th Avenue/Oak ~treet sub-area Plan, the neighborhood residents, advisory body and decision-making bodies concluded that the reduced front yard setback would encourage development of the properties in question and ultimately accelerate the creation of a much wanted buffer between North 19th A venue and the established neighborhoods in the area. Thus, improving the livability of the area. 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 North 19th Avenue/Oak Street Corridor Master Plan, as a supplement sub-area pIan to Bozeman's Comprehensive, focuses on establishing a land use policy statement for a particular sector ofthe community which is one of the few remaining agricultural areas remaining in the community that has the opportunity to plan for a significant portion of the City's future urban environment. As stated previously in the staff report, the purpose of this Master Plan Amendment application is to resolve an issue identified by the Planning Board and supported by the City Commission and Gallatin County Commission to avoid the need for multiple variances from the 50-foot front yard setback requirement imposed by ~ Class I entryway corridor designation. VII. After reviewing the staff report, the recommendation of the Bozeman City-County Planning Board, considering the 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 5 to 0, voted to approve the application for a Master PIan Amendment to the 1990 Bozeman Area Master Plan. ORDER IT IS HEREBY ORDERED that the Master PIan Amendment to the 1990 Bozeman Area Master Plan Update known as the Maple Terrace Master Plan Amendment, has been found to meet 1iP.~~::~~~~~:'.tI::IIi;:_t::~il~~I~~:II~;:.::Q. ;it . , ". .- , .... ' ,,- the four criteria for evaluation of amendments to the Plan, and is therefore approved. DATED this 22nd day of December ,1997. BOZEMAN CITY COMMISSION By: (' r:J~ E ,5}./'..~ Don E. Stueck, Mayor ATTEST: APPROVED AS TO FORM: C1i: ,y ~tl~ Robin L. Sullivan Clerk of the Commission ~1~::Tlr;m~::IB::i~I:IIImIt.:~:t::IIJ.::li~m...:~1iI) ~: