HomeMy WebLinkAbout01-13-20 City Commission Packet Materials - A2.4. University Crossing 2020 Annexation and Zone Map Amendment, App. 194441
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager
Martin Matsen, Director of Community Development
SUBJECT: The University Crossing Annexation and Zone Map Amendment to designate
approximately 1.62 acres to B-2, Community Business District, Application
19444.
MEETING DATE: January 13, 2020
AGENDA ITEM TYPE: Action
RECOMMENDATION: Meets standards for approval with terms of annexation and contingencies.
RECOMMENDED ANNEXATION MOTION: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 19444 and move to approve the University Crossing 2020
Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement
for signature by the parties.
RECOMMENDED ZONING MOTION: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 19444 and move to approve the University Crossing 2020 Zone Map
Amendment, with contingencies required to complete the application processing.
BACKGROUND: The City received an application to annex 1.62 acres to expand an existing
development. The area to be annexed will shrink the size of an unannexed inholding that is wholly
surrounded by the City. For more details see the attached staff report.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Approve as requested
2) Request additional information and continue to a date certain.
3) Deny the application
FISCAL EFFECTS: None
Attachments: Staff report
Commission Memorandum
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Application materials
Report compiled on January 2, 2020
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19444 Staff Report for the University Crossing 2020 Annexation and Zone
Map Amendment
Public Hearing Date:
Zoning Commission meeting was on Tuesday, December 10, 2019.
City Commission meeting is on Monday, January 13, 2020.
Project Description: Application 19444 requesting annexation of 1.62 acres and
amendment of the City Zoning Map for the establishment of a zoning designation of
B-2, Community Business District.
Project Location: The property is generally located at the southwest corner of the intersection of
W. Kagy Blvd. and Stockman Way, and is legally described as a Portion of Lot 2A,
Minor subdivision 191-B, located in the SE ¼ of Section 14, Township 2 South, Range 5
East, P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval with terms of annexation and
contingencies.
Recommended Annexation Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application 19444 and move to approve
the University Crossing 2020 Annexation with recommended terms of annexation,
and direct staff to prepare an annexation agreement for signature by the parties.
Recommended Zoning Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application 19444 and move to approve
the University Crossing 2020 Zone Map Amendment, with contingencies required to
complete the application processing.
Report: January 2, 2020
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
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Unresolved Issues
None
Project Summary
The applicant, Steven R. Aaker, seeks to annex a portion of one parcel of land totaling
roughly 1.62 acres into the City limits and establish initial zoning of B-2 “Community
Business District.” The property is currently zoned “Agriculture Suburban” within the
County. Nearby zoning includes county “Agriculture Suburban” (AS) to the west, city
“Community Business” (B-2) and “Community Business Mixed” (B-2M) to the north, and
city “Community Business” (B-2) to the east. The future land use map in the Bozeman
Community Plan designates the property and surrounding area as “Community Commercial
Mixed Use.”
The subject property is currently used for agriculture and has no structures on-site. The
property is immediately surrounded by commercial land uses to the north and east and vacant
property to the west and south. The area to be annexed is a portion of a larger tract. The
property is to be annexed so that the owner adjacent to the east can expand their existing
development. The western boundary of the area to be annexed is irregular which reflects a
boundary drawn to follow the required watercourse setback along the watercourse to the
west.
Alternatives
1. Approve the application with the recommended contingencies;
2. Approve the application with modifications to the recommended contingencies;
3. Deny the application based on the Commission’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.
Zoning Commission
Zoning Commission conducted their public hearing on December 10th
and recommends
approval of the application. The video recording of the public hearing is available
at https://www.bozeman.net/services/city-tv-and-streaming-audio.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
Zoning Commission ............................................................................................................ 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 7
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11
Annexation ........................................................................................................................ 11
Zone Map Amendment ..................................................................................................... 11
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 12
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 16
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 19
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 19
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 20
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 20
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 22
FISCAL EFFECTS ................................................................................................................. 22
ATTACHMENTS ................................................................................................................... 22
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SECTION 1 - MAP SERIES
Project Vicinity Map – project is shaded in green
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Project Vicinity Map from Growth Policy
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Project Vicinity Map showing Bozeman Zoning Districts
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SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified
as the “University Crossing 2020 Annexation”.
2. An Annexation Map, titled “University Crossing 2020 Annexation Map”, must be
supplied on: 1) a mylar for City records (either 18" by 24" or 24” by 36” size); 2) a
reduced 8 ½" x 11" or 8 ½” by 14" exhibit suitable for filing at the County Clerk &
Recorder; 3) an editable digital copy for the City Engineer’s Office; and 4) a PDF.
This map must be acceptable to the City Engineer’s Office and must be submitted
within 60 days of the action to approve the zone map amendment. Said map shall
contain a metes and bounds legal description of the perimeter of the subject property
including adjacent rights-of-way or street easements, and total acreage of the property
to be rezoned; unless the property to be rezoned can be entirely described by
reference to existing platted properties or certificates of survey.
3. The land owners and their successors must pay fire impact fees at time of annexation,
water and sewer impact fees at the time of connection; and for future development, as
required by Chapter 2, Bozeman Municipal Code, or as amended at the time of
application for any permit listed therein.
4. The applicant must execute all contingencies and terms of said Annexation
Agreement with the City of Bozeman within 60 days of the distribution of the
annexation agreement from the City to the applicant or annexation approval shall be
null and void.
5. The Annexation Agreement must include notice that the applicant must connect to
municipal services and will be responsible for installing any facilities required to
provide full municipal services to the property in accordance with city policy at the
time of connection.
6. The applicant must execute at the Gallatin County Clerk & Recorder's Office in
conjunction with the annexation, a waiver of right-to-protest creation of a special
district or S.I.D.'s for a City-wide Park and trails Maintenance District, which would
provide a mechanism for the fair and equitable assessment of maintenance costs for
City parks as part of the Annexation Agreement.
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7. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for installing any facilities required to provide full
municipal services to the properties in accordance with the City of Bozeman's
infrastructure master plans and all City policies that may be in effect at the time of
development.
8. The Annexation Agreement shall include the following notices:
a. The Annexation Agreement must include notice that, prior to development,
the applicant will be responsible for preparing a storm water master plan in
conjunction with future development.
b. The Annexation Agreement must include notice the City will, upon
annexation, make available to the Property existing City services only to the
extent currently available, or as provided in the Agreement.
c. The Annexation Agreement must include notice that, prior to future final
development approval, the applicant will be responsible for transfer of water
rights or a payment in lieu as required by the Bozeman Municipal Code.
d. The Annexation Agreement must include notice that there is no right, either
granted or implied, for Landowner to further develop any of the Property until
it is verified by the City that the necessary municipal services are available to
the property.
e. The Annexation Agreement must include notice that utility easements may be
required to be provided by the landowner at the time of development to ensure
necessary municipal services are available to the property.
f. The Annexation Agreement must include notice charges and assessments may
be required after completion of annexation to ensure necessary municipal
services are available to the property.
g. The Annexation Agreement must include notice that the applicant must
connect to municipal services and will be responsible for installing any
facilities required to provide full municipal services to the property.
h. The Annexation Agreement must include notice that, prior to development,
the applicant will be responsible for installing any facilities required to
provide full municipal services to the properties in accordance with the City of
Bozeman's infrastructure master plans and all City policies that may be in
effect at the time of development.
i. All procedural terms necessary to establish the Annexation Agreement in
conformance with state law and municipal practice will be included with the
final Annexation Agreement.
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9. BMC 38.410.060 Easements – The applicant must provide a ten (10) foot utility
easement (power, gas, communication, etc.) along the developments property
frontage with Annexation. The applicant may contact the Engineering Department to
receive a copy of a utility easement template.
10. BMC 38.410.060 Easements – The applicant must provide a fifteen (15) foot public
street and utility easement or dedicate Right-of-Way with Annexation. The applicant
may contact the Engineering Department to receive a copy of a public street and
utility easement template.
11. 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) or special districts for the following, if not already filed:
a. Street improvements to West Kagy Boulevard including paving, curb/gutter,
sidewalk, and storm drainage
b. Street improvements to South 19th Avenue including paving, curb/gutter,
sidewalk, and storm drainage
c. Street improvements to South 27th Avenue including paving, curb/gutter,
sidewalk, and storm drainage
d. Intersection improvements for West Kagy Boulevard and South 19th Avenue
e. Intersection improvements for West Kagy Boulevard and South 27th Avenue
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer 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. .
12. The subject property is located within the Meadow Creek Subdivision payback
district boundary for traffic signal improvements. The subject property did not
participate in the original cost of construction of improvements and must participate
in the payback upon future development. Reference document Gallatin County Clerk
and Recorder #2293491
13. The subject property is located within the Meadow Creek Subdivision payback
district boundary for sewer improvements. The subject property did not participate in
the original cost of construction of improvements and must participate in the payback
upon future development. Reference Agreement for reimbursement August 12, 2013
between the City of Bozeman and Covenant Investment, Inc.
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Additionally, the Engineering Department included the following advisory comments for
terms of annexation. These advisory notes are provided to assist the future owner in
designing a development which will comply with municipal code requirements.
1. Montana Post-Construction Storm Water BMP Design Guidance Manual
Seasonal High Groundwater - The subject project is located in an area that is
known to have seasonally high groundwater. Engineering recommends that the
applicant confirm seasonal groundwater elevations prior to development. Industry
guidance recommends a three-foot minimum separation from the bottom of a
stormwater facility to the underlying groundwater table.
2. BMC 38.400.010 Streets, General - Kagy Boulevard must be fully constructed to
the property’s western boundary in accordance with the City’s Transportation Master
Plan upon future development.
3. BMC 38.400.090 Access – Access to the subject property should be taken form the
existing drive access directly to the east of the subject property. Engineering strongly
recommends coordinating with the adjacent property owner to the east to create a
shared access. If the applicant cannot pursue this option, the applicant will need to
submit a modification from the standard for the access being located less than with
engineering justification for the request per BMC 38.400.090.H.3. Future access to
the subject property will need to be determined upon future development.
4. BMC 38.400.080 Sidewalks - A City sidewalk or shared use path must be
constructed along the Kagy Boulevard frontage upon future development. The
minimum width of a sidewalk along a principal arterial is 6 feet per the DSSP Section
IV.B.3.
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. The Ordinance for the Zone Map Amendment must not be approved until the
Annexation Agreement is signed by the applicant and formally approved by the City
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Commission. If the Annexation Agreement is not approved, the Zone Map
Amendment application is null and void.
2. All documents and exhibits necessary to establish an initial municipal zoning
designation must be identified as the “University Crossing 2020 Zone Map
Amendment”.
3. The applicant must submit a zone amendment map, titled “University Crossing 2020
Zone Map Amendment.” The map must be supplied on: 1) a mylar for City records
(either 18" by 24" or 24” by 36” size); 2) a reduced 8 ½" x 11" or 8 ½” by 14" exhibit
suitable for filing at the County Clerk & Recorder; 3) an editable digital copy for the
City Engineer’s Office; and 4) a PDF. This map must be acceptable to the City
Engineer’s Office and must be submitted within 60 days of the action to approve the
zone map amendment. Said map shall contain a metes and bounds legal description of
the perimeter of the subject property including adjacent rights-of-way or street
easements, and total acreage of the property to be rezoned; unless the property to be
rezoned can be entirely described by reference to existing platted properties or
certificates of survey.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) voted on October 30, 2019 to recommend approval of the requested
annexation.
The City Commission will hold a public meeting on the annexation on Monday, January 13,
2019. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin
at 6 p.m.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The University Crossing 2020 Zone Map Amendment (ZMA) is in
conjunction with an annexation request. Staff’s recommendation and staff responses are
predicated on approval of the annexation, application 19444.
The Development Review Committee (DRC) considered the amendment on October 30,
2019. The DRC did not identify any infrastructure or regulatory constraints that would
impede the approval of the application.
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The Zoning Commission held a public hearing on this ZMA on Tuesday, December 10,
2019. They forward a recommendation of approval to the Commission on the Zone Map
amendment.
The City Commission will hold a public hearing on the zone map amendment on Monday,
January 13, 2020. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting
will begin at 6 p.m.
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
The City Commission approved a revised annexation policy on October 28, 2019. The
application was received and deemed compete prior to the adoption of the revised policy.
Therefore, in considering applications for approval of the requested annexation, the advisory
boards and City Commission shall consider the following:
Commission Resolution No. 4400 Criteria
Commission Resolution No. 4400 Goals
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
The property in question is contiguous to the City limits on the north and east sides. The
property is part of a larger area that is wholly surrounded by the City.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the
City, without regard to parcel size.
The subject property is part of a larger area that is totally surrounded by the City.
Goal 3: The City shall seek to annex all property currently contracting with the
City for services such as water, sanitary sewer and/or fire protection.
The subject property has no existing buildings and is not currently contracting with the City
for water and sewer services but is in an area covered by fire protection services. Any future
development requires connecting to municipal water and sewer services.
Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land
proposed for development lying within the service boundary of the existing sewer
system as depicted in the Bozeman Growth Policy, and to encourage annexations within
the urban growth area identified in the Bozeman Growth Policy.
The subject property is located within the service boundary of the existing sewer system with
existing lines in Stockman Way to the east of the property. The property is also located in the
urban growth area of the Bozeman Growth Policy. No development is pending at this time
but is intended for the future.
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Resolution No. 4400 Policies
Policy 1: Annexations shall include dedication of all easements, rights-of-way for
collector and arterial streets, water rights, and waivers of right-to-protest against the
creation of improvement districts necessary to provide the essential services for future
development of the City.
The Recommended Terms of Annexation 9-13, include requirements to dedicate all
easements, rights-of-way for streets, water rights, and waivers of right-to-protest against the
creation of improvement districts necessary to provide the essential services for future
development of the City.
Policy 2: Issues pertaining to master planning and zoning shall be addressed in
conjunction with the application for annexation.
a. The initial application for annexation shall be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, said amendment process may be initiated by the applicant and conducted
concurrently with the processing for annexation.
The Future Land Use Map of the Bozeman Community Plan (growth policy) designates the
subject property as “Community Commercial Mixed Use.” The proposed initial zoning of B-
2 is a proper implementing district of the “Community Commercial Mixed Use” category.
No Growth Policy Amendment is necessary to accommodate anticipated uses.
Discussion of the Zone Map Amendment criteria are presented in Section 6 of this report.
b. Initial zoning classifications of the property to be annexed shall be determined by the
City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, prior to final annexation approval.
The applicant has applied for a Zone Map Amendment, as the subject property is currently
under the zoning jurisdiction of Gallatin County (zoned Agriculture Suburban). As a result,
an application for a Zone Map Amendment is being processed concurrently with the
annexation request to establish an initial zoning designation under the City of Bozeman. The
applicant has applied for a Zone Map Amendment (#19-444) to establish an initial municipal
zoning designation of B-2 “Community Business.”
c. The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
The applicant/owner has indicated that they prefer a zoning designation of B-2, “Community
Business”.
Policy 3: Fees for Annexation procedures shall be established by the City Commission.
No fee will be charged for any City-initiated annexation.
The appropriate application processing and review fees accompanied the application.
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Policy 4: It shall be the general policy of the City that annexations will not be approved
where unpaved county roads will be the most commonly used route to gain access to the
property.
The property proposed for annexation is accessed from Kagy Blvd. to the north, a principal
arterial, which is paved to the edge of the subject property.
Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee available services. Section 38.07.010.C of the Unified
Development Code states: “Placement of any given zoning district on an area depicted on
the zoning map indicates a judgment on the part of the city that the range of uses allowed
within that district are generally acceptable in that location. It is not a guarantee of approval
for any given use prior to the completion of the appropriate review procedure and
compliance with all of the applicable requirements and development standards of this
chapter and other applicable policies, laws and ordinances. It is also not a guarantee of
immediate infrastructure availability or a commitment on the part of the city to bear the cost
of extending services.”
Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.23.180 of the municipal code.
The property owner shall provide usable water rights, or cash in-lieu of water rights thereof,
in an amount to be determined by the Director of Public Works, as outlined by Section
38.410.130 of the municipal code. The calculated amount will be determined by the Director
of Public Works and based on the zoning designation approved by the City Commission.
This will be addressed during annexation agreement development, as the site in question is
less than ten (10) acres and non-residential in use and may therefore defer provision of water
rights as allowed in BMC 38.410.130.C. Requirement for additional water rights will be
evaluated during review of any proposed additional development.
Policy 6: Infrastructure and emergency services for an area proposed for annexation will
be reviewed for the health, safety and welfare of the public. If it is found that adequate
services cannot be provided to ensure public health, safety and welfare, it shall be the
general policy of the City to require the applicant to provide a written plan for
accommodations of these services, or not approve the annexation. Additionally,
annexation proposals that would use up infrastructure capacity already reserved for
properties lying either within undeveloped portions of the City limits or lying outside the
City limits but within the identified sewer or water service area boundaries, shall generally
not be approved.
City infrastructure and emergency services are available to the subject property. An 8-inch
water line is in the right-of-way of Kagy Blvd. at the northern boundary of the subject property
line. The applicant has indicated that water and sanitary sewer mains will be extended through
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the existing right-of-way and utility easements across common open space of Minor
Subdivision 503, located to the east of the property. The property is currently served by
Bozeman Fire.
Recommended Term of Annexation #7 includes the provision that the applicant will be
responsible for installing facilities required to provide full municipal services to the property
in accordance with city policy at the time of connection.
Policy 7: It shall be the general policy of the City of Bozeman to require annexation of
any contiguous property for which City services are requested or for which City services
are currently being contracted.
City services are not currently being provided to this property but have been requested by the
applicant.
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
Mapping to meet the requirements of the Director of Public Works must be provided with the
Annexation Agreement. Typically, this includes an 18-inch by 24-inch mylar map, a reduced
8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes
and bounds legal description of said property. (Mapping requirements are addressed in
Recommended Term of Annexation # 2).
Policy 9: It shall be the policy of the City of Bozeman to assess a system
development/impact fee in accordance with Chpt. 2, Art. 6, Div. 9 Bozeman Municipal
Code (Impact Fees), and in accordance with the Bozeman Growth Policy and other
policies as they are developed.
The applicant will be required to pay all fire, street, water, and sewer impact fees at the time
of connection for any future development as noted in Recommended Term of Annexation #3.
Standard language addressing this policy has been developed by the City Attorney for
inclusion with all annexation agreements.
Policy 10: Public notice requirements shall be in compliance with Montana Code
Annotated. In addition, notice shall be posted in at least one conspicuous location on the
site in question, and mailed to all owners of real property of record within 200 feet of the
site in question using the last declared county real estate tax records, not more than 45
days nor less than 15 days prior to the scheduled action to approve or deny the annexation
by the City Commission, specifying the date, time and place the annexation will be
considered by the City Commission. The notice shall contain the materials specified by
Section 38.40.020.A&B.1, BMC.
Notices of the public hearing have been sent and posted on the site as set forth under this
policy. Due to scheduling requirements, it was necessary to publish and mail notices two
times.
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Policy 11: Annexation agreements shall be executed and returned to the City within 60
days of distribution of the annexation agreement, unless another time period is specifically
identified by the City Commission.
This policy item is specified in Recommended Term of Annexation #4.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions. (MCA Title 7, Chapter 2, Part
46, ‘Annexation by Petition’)
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following criteria (letters A-K). 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.
In considering the criteria the analysis must show that the amendment accomplishes criteria
A-D. Criteria E-K must be considered and may be found to be affirmative, neutral, or
negative. A favorable decision on the proposed application must find that the application
meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative
outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The Future Land Use Map of the Bozeman Community Plan (growth policy) designates
the subject property as “Community Commercial Mixed-Use.” The proposed B-2 zoning
designation is an implementing district of the “Community Commercial Mixed-Use” future
land use category. The proposed zone map amendment advances multiple objectives of the
growth policy:
Land Use Objective 1.4: “Provide for and support infill development and redevelopment
which provides additional density of use while respecting the context of the existing
development which surrounds it. Respect for context does not automatically prohibit
difference in scale or design.”
Objective LU-2.3: “Encourage redevelopment and intensification, especially with mixed
uses, of brownfields and underutilized property within the City consistent with the City’s
adopted standards. Using this approach rehabilitate corridor based commercial uses into a
pattern more supportive of the principles supported by commercial centers.”
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Objective ED-1.1: “Support business creation, retention, and expansion. Emphasize small
businesses, ‘green’ businesses, and e-businesses.”
No conflicts with the growth policy have been identified.
B. Secure safety from fire and other dangers.
Yes. The initial zoning of B-2 is not likely to adversely impact safety from fire and other
dangers. The property will be required to conform to all City of Bozeman public safety,
building, and land use requirements. Those standards and requirements have been found
adequate to address this criterion. Additionally, the property is located 1.2 miles from Bozeman
Fire Station #2, and is adjacent to developments that are currently served by the Bozeman Fire
Department.
C. Promote public health, public safety, and general welfare.
Yes. The proposed zoning designation will promote general welfare by implementing the
future land use map in the Bozeman Community Plan. Any future development of the site
will be required to comply with the City’s Unified Development Code which will ensure the
promotion of public health, safety and general welfare. Public health and safety will be
positively affected by requiring new development to connect to municipal sanitary sewer and
water systems, which will prevent groundwater pollution and depletion by wells and septic
systems.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The development of public infrastructure improvements to serve the property will be
required to conform to the City of Bozeman’s adopted standards which require properties to
construct public infrastructure and/or pay impact fees, assessments, and taxes to support
transportation, water, sewer, school, parks, and other public requirements. The property is
accessed from Kagy Blvd. (principal arterial). The applicant has indicated that the water and
sanitary sewer mains will be extended through the existing right-of-way and utility easements
across common open space, Minor Subdivision 503. Additionally, the subject property is
within two miles of a few neighborhood parks and open space.
E. Reasonable provision of adequate light and air.
Yes. The B-2 zoning designation has requirements for setbacks, height, and lot coverage,
which provide for the reasonable provision of adequate light and air. Any future development
of the property will be required to conform to open space requirements and City standards for
setbacks, height, lot coverage, and buffering which will ensure that residents have an adequate
amount of light and air.
F. The effect on motorized and non-motorized transportation systems.
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Yes. Commercial and some residential development as permitted under the B-2 designation
will result in increased vehicle trips along Kagy Blvd. However, with a parcel size of 1.62
acres, it is unlikely that any development allowed by the city zoning code and B-2 district
would be large enough to cause major negative effects on the motorized or non-motorized
transportation systems.
G. Promotion of compatible urban growth.
Yes. The growth policy supports infill development on underutilized properties and providing
economic development opportunities to benefit residents. The property is in an area surrounded
by City limits and is well-served by the City’s transportation network. The adjacent land uses
include offices, a bank, churches, and services, all which would be compatible to those uses
allowed within the proposed B-2 zoning district.
H. Character of the district.
Yes. The proposed B-2 zoning designation maintains the character of the district, with the
surrounding areas zoned B-2 and B-2M. While the immediately adjacent properties to the
south and west are zoned Agriculture Suburban in the County, the proposed zone map
amendment creates a complimentary land use when looking at the larger vicinity of the
subject property and does not significantly change the character of the district.
I. Peculiar suitability for particular uses.
Yes. The proposed B-2 zoning designation would allow commercial residential development
which is suitable for the site, given the surrounding zoning and connectivity potential to city
services and infrastructure. Any future development will be reviewed against the provisions
set forth in the B-2 zoning district.
J. Conserving the value of buildings.
Yes. The property is currently used for agriculture, with no existing structures on site. Any
proposed new or expanded structures will be required to meet setbacks set forth in the
Bozeman Municipal Code, which will help alleviate any potential negative impacts to the
values of adjacent buildings in the event of future development on the subject property. Any
future development on the property will be subject to standards in the B-2 district which will
ensure the conservation of adjacent building values.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed B-2 zoning designation will encourage the most appropriate use of land as
the growth policy designates the property as “Community Commercial Mixed Use,” which
the proposed B-2 designation will implement. The proposed B-2 designation will allow for
new commercial uses on an underutilized lot, in an area primarily surrounded by land zoned
B-2 and B-2M.
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PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The applicant, Steven R. Aaker, seeks to annex a portion of one parcel of land totaling
roughly 1.62 acres into the City limits and establish initial zoning of B-2 “Community
Business District.” The property is currently zoned “Agriculture Suburban” within the
County. Nearby zoning includes county “Agriculture Suburban” (AS) to the west, city
“Community Business” (B-2) and “Community Business Mixed” (B-2M) to the north, and
city “Community Business” (B-2) to the east. The future land use map in the Bozeman
Community Plan designates the property and surrounding area as “Community Commercial
Mixed Use.”
The subject property is currently used for agriculture and has no structures on-site. The
property is immediately surrounded by commercial land uses to the north and east and vacant
property to the west and south.
For water and wastewater, there are systems and a future utility easement located at the north
of the property, connecting to Stockman Way through Common Open Space, Minor
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Subdivision 503. The property is accessed from Kagy Blvd., which is a principal arterial. The
property is located in a larger area completely surrounded on all sides by the City, with a mix
of commercial and residential land uses in the area. There are delineated wetlands to the west
of the subject property. The western boundary of the area proposed for annexation is shown as
a 50’ setback of the wetlands.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st
Class mail on November 22, 2019 and December 26, 2019 to all
owners of property inside the proposed change and within 200 feet of the perimeter of the
change. The project site was posted as required. Notice was published in the Legal Ads section
of the Bozeman Daily Chronicle on 11/24/2019, 12/1/2019, 12/29/2019, and 1/5/2020. The
Zoning Commission public hearing was on December 10, 2019 and the City Commission
public hearing is scheduled for January 13, 2020.
No public comment has been received either in writing or at the Zoning Commission public
hearing. Any received public comment will be forwarded to the City Commission.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Community Commercial Mixed Use” in the Bozeman
Community Plan. According to the plan, “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.”
As Table C-16 from the Bozeman Community Plan shows, the proposed zoning of B-2 is an
implementing district for the future land use designation of “Community Commercial Mixed
Use”.
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Table C-16 Zoning Correlation With Land Use Categories
*Parks are depicted on Figure 3 in almost all zoning districts. Open spaces for a variety of purposes are created
under all zoning districts. Indication in this table does not create an allowance for uses other than parks and open
spaces that are not already included in the zoning district.
**The Residential Emphasis Mixed Use zoning district was created by Ordinance 1802 with final adoption on
April 11, 2011.
***The R-5 and B-2M zoning districts were created by Ordinance 1942 with final adoption on May 25, 2016.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of “Community Business” (B-2 District) in association
with the annexation of the property. The intent of the B-2 District is “to provide for a broad
range of mutually supportive retail and service functions located in clustered areas
bordered on one or more sides by limited access arterial streets. Multi-household
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19444 Staff Report for the University Crossing 2020 Annexation and Zone Map
Amendment Page 22 of 22
dwellings, townhouses, and apartments are allowed as a secondary use due to their
complementary nature and ability to enhance the walkability of these districts. Design
standards emphasizing pedestrian oriented design are important elements of this district.
Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas
served by transit.”
Table 38.310.040.A establishes the uses that are allowed in the B-2 zoning district. Principal
uses are indicated with a "P," conditional uses are indicated with a "C," accessory uses are
indicated with an "A," and uses which are not authorized within the district are indicated by
a "-." The table is available through the City’s website, www.bozeman.net. A copy is attached
to this staff report.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner and Applicant: Steven R. Aaker, 15658 Deer Mountain Circle, Broomfield, CO 80023
Representative: Matthew Hausauer, C&H Engineering 1091 Stoneridge Dr., Bozeman, MT
59178
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map 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.
• University Crossing 2020 Annexation and Zone Map Amendment application materials.
229
UNIVERSITY CROSSING ANNEXATION
AND
INITIAL ZONING APPLICATION
Prepared for:
19th CAPITAL GROUP , LLC
19 Lariat Loop,
Bozeman, MT 59715
Prepared by:
Project Number: 190499
September 2019
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#190499
TABLE OF CONTENTS
ANNEXATION AND INITIAL ZONING
TABLE OF CONTENTS
1. CITY OF BOZEMAN DEVELOPMENT APPLICATIONS
1.1 FORM A1
1.2 ANNEXATION ANNX
1.3 FORM N1 AND LIST OF ADJOINERS (ENVELOPES IN FRONT COVER)
2. PROJECT NARRATIVE
3. ANNEXATION AND ZONING EXHIBITS
3.1 ANNEXATION MAP
3.2 ZONE MAP AMMENDMENT EXHIBIT
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232
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Page 1 of 2
Adjoining Property Owners:
MINOR SUB 191, S14, T02 S, R05 E, Lot 2A, ACRES 97.388
GENESIS BUSINESS PARK OWNERS
ASSOCIATION
PO BOX 472
BOZEMAN, MT 59771-0472
GENESIS BUSINESS PARK SUB, S23, T02 S, R05
E, Lot 1 & Lot 12A, PLAT J-284
CONTIGUOUS
GRACE BIBLE CHURCH LIMITED OF BOZEMAN
3625 S 19TH AVE
BOZEMAN, MT 59718-9108
S23, T02 S, R05 E, C.O.S. 1969, TRACT 1 NE4
17.01AC
CONTIGUOUS
D & S AMELIA PROPERTIES INCD & S AMELIA
PROPERTIES INC
4300 S FLETCHER AVE
AMELIA ISLAND, FL 32034-4318
KAGY CROSSROADS SUB, S14, T02 S, R05 E,
BLOCK 1, Lot 6, ACRES 2.569, PLAT J-328-A
CONTIGUOUS
KAGY CROSSROADS LLC
PO BOX 10504
BOZEMAN, MT 59719-0504
KAGY CROSSROADS SUB, S14, T02 S, R05 E,
BLOCK 3, Lot 1, ACRES 2.788, PLAT J-328-A
CONTIGUOUS
GENESIS PARTNERS LLC
895 TECHNOLOGY BLVD STE 101
BOZEMAN, MT 59718-6812
GENESIS BUSINESS PARK SUB, S23, T02 S, R05
E, Lot 10A, ACRES 1.87, PLAT J-284-B
CONTIGUOUS
19TH CAPITAL GROUP LLC
19 LARIAT LOOP
BOZEMAN, MT 59715-9200
S14, T02 S, R05 E, TRACT 1A 3.021AC COS
2008A LESS HWRW 19TH CAPITAL GROUP
ANNEXATION TO BZN CONTIGUOUS
SPANISH PEAK APARTMENTS LLC
3424 E US HIGHWAY 12
HELENA, MT 59601-9708
KAGY CROSSROADS SUB, S14, T02 S, R05 E,
BLOCK 2, Lot 3, ACRES 1.868, PLAT J-328-A
CONTIGUOUS
ALLIED BUILDING LLC
32 DISCOVERY DR
BOZEMAN, MT 59718-6958
GENESIS BUSINESS PARK SUB, S23, T02 S, R05
E, Lot 2, ACRES 0.9, PLAT J-284
NOT CONTIGUOUS
SPIRE HOLDINGS LLC
626 E DAVIS ST
BOZEMAN, MT 59715-3716
GENESIS BUSINESS PARK SUB, S23, T02 S, R05
E, Lot 18, (AGGREGATE LOTS 18 & 19 PLATS J-
284B & J-284)
CONTIGUOUS
Page 2 of 2
SHADETREE MT LLC
88 SADDLE CREEK RD
BOZEMAN, MT 59715-8101
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
BUILDING B, UNIT B1, B2, & B3
WENDELL DANIEL E & EVA M.
2251 W KAGY BLVD STE C1
BOZEMAN, MT 59718-5939
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
BUILDING C, UNIT C1
PREGNANCY CARING CENTER OF GALLATIN
VALLEY - ZOECARE
2251 W KAGY BLVD UNIT C2
BOZEMAN, MT 59718-5939
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
BUILDING C, UNIT C2
400 MARION INC
PO BOX 206
BOZEMAN, MT 59771-0206
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
UNIT D1
KROPP KAREN L REV LIV TR AGR DTD 12/6/1
KROPP KAREN L TRUSTEE
134 E TOBIANO TRL
BELGRADE, MT 59714-9736
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
UNIT F1 & F2
G:\c&h\19\190499\Annexation and Intial ZMA\City Adjoiners - 190499 - MINOR SUB 191 .doc
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N1
Noticing Materials Page 1 of 1 Revision Date 1-05-16
Required Forms: N1 Recommended Forms: Required Forms:
NOTICING MATERIALS
Notice is required for certain projects in order for citizens to participate in decision making which affects
their interests and provides opportunity to receive information pertinent to an application that would
not otherwise be available to the decision maker.
SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST MINOR
SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project
site, attached to this checklist.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and
addresses of the adjoining property owners.
MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project
site and not physically contiguous (touching a boundary) to the subdivision, attached to this
checklist. Clearly label list ADJOINER NOT CONTIGUOUS.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and
addresses of the adjoining property owners.
Legible list of full names and addresses of all property owners physically contiguous (touching
a boundary) including recorded purchasers under contract for deed to be sent certified mail
attached to this checklist. Clearly label list CONTIGUOUS.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and
addresses of the physically contiguous property owners including recorded purchasers under
contract for deed.
Two sets additional mailing labels with the names and addresses of the physically contiguous
property owners including recorded purchasers under contract for deed attached.
NOTICE
Current property owners of record can be found at the Gallatin County Clerk and Recorder’s Office in
the Gallatin County Courthouse 311 West Main Street Bozeman, Montana.
CERTIFICATION
I, _____________________________________________, hereby certify that, to the best of my knowledge, the
attached name and address list of all adjoining property owners (including all condominium owners,
within 200 feet of the property located at ________________________________________________________, is a true
and accurate list from the last declared Gallatin County tax records. I further understand that an
inaccurate list may delay review of the project.
_______________________________________
Signature
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
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PUBLIC NOTICE - POSTING INSTRUCTIONS FOR APPLICANT
The City now utilizes large-format public notice signs for posting to sites that are undergoing site plan and similar
development application reviews. The intent is to enable greater visibility for large sites in particular, as with snow
conditions, faster traffic areas, etc., the general public must still be able to observe notice language from the right-
of-way. For the subject proposal, please review the following and confirm by replying to this email no later than
tomorrow, 3/1/17 at noon that you or another application representative will facilitate the noticing.
1. What is the notice?
a. It is a weatherproof large-lettered corrugated plastic sign. There are two sizes depending on the
property size.
b. Public noticing for comment periods or hearings and associated application information, timing,
type, and location is required by law per Bozeman Municipal Code (BMC) Chapter 38, Article 40.
2. How do I obtain the notice board and who posts it to the subject property?
a. The project applicant or representative is responsible for picking up the notice, which is prepared
by City staff.
b. The pick-up location is the Front Desk of the Community Development Dept. at 20 E. Olive St.
3. When am I required to post the notice?
a. The notice post-to-site date is identified on the notice (see attached notice for this project).
b. You must post the notice by the end of the day, March 1, 2017.
4. How do I post the notice?
a. The notice board can be affixed to a stake (metal, wood, etc.), fence, exterior of building or
window on primary facade, etc. using durable material that meets the visibility criteria below.
b. Do not attach the sign to utility poles or other objects not owned by the applicant.
c. The applicant/representative is responsible for providing the posting materials.
5. Where do I post the notice? The notice must be placed in a high-visibility location that is:
a. On the property (not in the public right-of-way), no more than 15' behind the property boundary.
b. Visible from the primary public right-of-way), ideally at the corner of the most highly trafficked
intersection. In this case, we advise you to post the sign: at angle to traffic travelling east along W
Graf, locating it on the property corner at W Graf and Enterprise.
c. At an adequate height to be visible around landscaping, snow, ditches, berms, etc.
d. City staff will verify the notice location during project site visit(s).
6. What else is required?
a. Please send 1-2 photos of the notice as posted to the subject property as seen from different
points along the public right-of-way, by the end of the week, March 3, 2017.
7. Noticing end date/Drop-off
a. The applicant is responsible for returning the notice board to the City's pick-up location.
b. The notice must be returned by no later than 1 month following application decision (i.e.,
approval or denial) for a maximum of 45 days from the start of the public notice period.
c. If at any time during the required noticing period, it is observed that the notice has been altered
or removed with City approval, the applicant may be required to pay a re-noticing fee to post a
new notice with a re-set comment period.
d. Please update your project schedule to include sign retrieval.
Let us know if you have any questions or you can contact Front Desk staff directly at
406-582-2260 for assistance with the notice requirements.
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#190499
ANNEXATION AND INITIAL ZONING
ANNEXATION AND INITIAL ZONING
ANNEXATION CHECKLIST RESPONSES.
3. If the property is currently in agricultural use please identify current crops/conditions.
The property is currently used to grow Alfalfa.
4. Number of residential units existing on the property?
There are no existing residential units on the property.
5. Number and type of commercial structures on the property?
There are no commercial structures on the property.
6. Estimate of existing population of the property?
No people are estimated to live on the property.
7. Assessed value of the property?
Lot 2A Land Value $42,243 Taxable $913.
8. Existing on site facilities and utilities (gas, power, telephone, cable, septic systems, wells,
etc.)
No existing site facilities. City water and sewer, as well as private utilities are available
along Kagy Boulevard and Stockman Way
INITIAL ZONING PROJECT NARRATIVE
A. Is the new zoning designation in accordance with the growth policy? How?
Yes. According to the Bozeman Community Plan (June 1, 2009) on Figure 3-1- Future
Land Use Map, the subject property is designated “Community Commercial Mixed-use”.
The proposed community business district (B-2) zoning falls under this category. The
proposed B-2 zoning will blend with the surrounding B-2, B-M, and rural land
designated as “Community Commercial Mixed-Use” on aforementioned Future Land
Use Map.
B. Will the new zoning secure safety from fire and other dangers? How?
Yes. The subject property is 1.2 miles (3-minute drive) from Bozeman Fire Station 2. The
Kagy Crossroads and the University Crossing Subdivision border the subject property on
the north and east sides, both are currently served by the Bozeman Fire department.
Zoning the subject property B-2 will not have any anticipated negative effects on the fire
safety for the property. There are no other anticipated dangers associated with the lot.
C. Will the new zoning promote public health, public safety and general welfare? How?
Yes. The B-2 zoning designation will allow for development that will blend with the
existing subdivisions that border the property. Upgraded vehicular accesses combined
with enhanced pedestrian connectivity will improve the safety and welfare of the public.
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UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION
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ANNEXATION AND INITIAL ZONING
Public health will be improved by connecting to municipal sanitary sewer and water
systems, which will prevent groundwater pollution and depletion by wells and septic
systems. Additionally, stormwater will be treated and detained on site, which reduces the
strain on existing city stormwater infrastructure.
D. Will the new zoning facilitate the adequate provision of transportation, water, sewage,
schools, parks, and other public requirements? How?
Yes. The water and sanitary sewer mains will be extended through the existing right-of-
way and utility easements across common open space, Minor Subdivision 503.
E. Will the new zoning provide reasonable provision of adequate light and air? How?
The proposed zoning will allow development at a similar density to the adjacent parcels.
This will ensure adequate light and air for the current residents. Zoning restriction,
combined with open space requirements will ensure that residents have a substantial
amount of light and air exposure.
F. Will the new zoning have an effect on motorized and non-motorized transportation
systems? How?
Yes. The new zoning is likely to increase both non-motorized and motorized
transportation in the area. Development of the property will require a Traffic Impact
Study, or an waiver of Traffic Impact Study from the City of Bozeman Engineering
Department.
G. Does the new zoning promote compatible urban growth? How?
Yes. The new zoning promotes growth directly adjacent to the city boundary, and a
primary arterial street. The location of this development prevents islands of disconnected
growth.
H. Does the new zoning promote the character of the district? How?
Yes. The new zoning aligns with the character of the district, which includes areas also
zoned B-2 and B-M.
I. Does the new zoning address the affected area’s peculiar suitability for particular uses?
How?
Yes. The B-2 zoning of the property perpetuates the suitability of the area for particular
uses.
J. Was the new zoning adopted with a view to conserving the values of buildings? How?
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UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION
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ANNEXATION AND INITIAL ZONING
Yes, there are currently no building on the property. The adjacent properties share the
same zoning, B-2, so required setbacks for development of the property will be met.
K. Does the new zoning encourage the most appropriate use of land throughout the
jurisdictional area?
Yes, the new zoning encourages the most appropriate use of land as it matches the
existing growth plan.
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BENNETT MARSHALL & C LUZANN
5532 STUCKY RD
BOZEMAN, MT 59718-9036
S23, T02 S, R05 E, C.O.S. 2725, TRACT 2 N2
23.80AC
CONTIGUOUS
RAFFETY MILDRED M TRUST
901 LYNN RD
HELENA, MT 59602-7027
S23, T02 S, R05 E, NE4NE4NW4 10.1AC LESS R
W
CONTIGUOUS
MONTANA STATE UNIVERSITY
CULBERTSON HALL
BOZEMAN, MT 59717
S14, T02 S, R05 E, C.O.S. 1245, PARCEL B,
ACRES 21.416, LESS COS 1245A and S14, T02 S,
R05 E, C.O.S. 2729, ACRES 82.614, EAST POR
TRACT B IN SD 7C-08(RGG62458 IN SD 7R-41)
CONTIGUOUS
KAGY VILLAGE CONDO PH 1 MASTER
(SEE OWNERS BELOW)
KAGY VILLAGE CONDO, S14, T02 S, R05 E, KAGY
CROSSROADS SUB LOTS 1 & 2 BLK 2 PLAT J-328
PLUS OPEN SPACE
CONTIGUOUS
SS INVESTMENTS LLC
PO BOX 5005
BOZEMAN, MT 59717-5005
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
BUILDING A, UNIT A1
MONTANA MOVEMENT ARTS CENTER LLC
PO BOX 786
BOZEMAN, MT 59771-0786
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
BUILDING A, UNIT A2-1
DJ WOODY PROPERTIES LLC
PO BOX 10842
BOZEMAN, MT 59719-0842
KAGY VILLAGE CONDO, S14, T02 S, R05 E,
BUILDING A, UNIT A2-2 & A3
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