HomeMy WebLinkAbout11-10-20 City Commission Packet Materials - A3. Bridger Veterinary Specialty Hospital Annexation and Zone Map AmendmentPage 1 of 33
20184 Staff Report for the ‘Bridger Veterinary Specialty Hospital’ Annexation and Zone
Map Amendment
Public Hearing Dates:
Zoning Commission meeting was on Monday, October 26, 2020.
City Commission meeting is on Tuesday, November 10, 2020 at 6:00 pm via WebEx
and broadcast on channel 190, as well as live streamed on the City of Bozeman’s website,
https://www.bozeman.net/services/city-tv-and-streaming-audio.
Project Description: Annexation 20184 requesting annexation of 2.0099 acres along with
adjacent rights-of-ways, and amendment 20184 of the City Zoning Map for the
establishment of a zoning designation of B-2, “Community Business District”.
Project Location: The subject property is located at the SE corner of the intersection of
Campbell Road and Reeves Road East and is legally described as Lot 3, Block 5,
Walker Property Subdivision, situated in the Southeast One-Quarter (SE ¼) of
Section 26 and the Southwest One-Quarter (SW ¼) of Section 25, Township 1 South,
Range 5 East, P.M.M., Gallatin County, Montana. As proposed, the Annexation and
Zone Map Amendment (ZMA) will include the adjacent right-of-way for Reeves
Road East and the adjacent east half of right-of-way for Campbell Road.
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 20184 and move to approve
the ‘Bridger Veterinary Specialty Hospital’ 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 20184 and move to approve
the ‘Bridger Veterinary Specialty Hospital’ Zone Map Amendment, with
contingencies required to complete the application processing.
Report Date: October 29, 2020
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action - Legislative
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EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
Unresolved Issues
None
Project Summary
The applicant, Bechtle Architects, and landowner, Bridger Veterinary Facility, LLC, seek to
annex the 2.0099-acre parcel and adjacent rights-of-way into the city limits and establish
initial zoning of B-2 “Community Business District.” The site is located immediately NE of
the Interstate 90 Frontage Road, just east of its intersection with N. 19th Avenue off of Exit
305 of I-90. The subject parcel is at the SE corner of the intersection of Campbell Road and
Reeves Road East.
The property is currently zoned “R-O” (Residential Office District) within the county.
Surrounding zoning includes city R-O (Residential-office district) to the southeast, county R-
O to the north/northeast, city B-2 to the west, and city M-2 (Manufacturing and industrial
district) to the south/southwest.
The Future Land Use Map (FLUM) in the 2009 Bozeman Community Plan (Growth Policy)
currently designates the property and others to the east and west as “Community Commercial
Mixed Use”, which is a land use designation that allows the proposed zoning of B-2 as a
correlating zoning district.
The property is currently undeveloped and vacant. The subject property in within the Walker
Property Subdivision and Planned Unit Development (PUD). The Walker PUD was approved
by the joint City/County Planning Board in 1992. Permitted uses generally follow the R-O,
Residential Office, zoning classification. The property is located in a developing, mixed use
area on the edge of the City of Bozeman, with a child care center to the north, residential to
the north, a veterinary clinic to the east, vacant land to the west, and highway right-of-way to
the south.
Alternatives
1. Approve the application and associated resolution and ordinance;
2. Approve the application with modifications to the recommended zoning;
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.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .......................................... 11
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 13
SECTION 4 – ENGINEERING COMMENTS ... ERROR! BOOKMARK NOT DEFINED.
SECTION 5 – ADVISORY COMMENTS ......... ERROR! BOOKMARK NOT DEFINED.
SECTION 6 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 14
Annexation ........................................................................................................................ 14
Zone Map Amendment ..................................................................................................... 14
SECTION 7 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 14
SECTION 8 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 21
Spot Zoning Criteria ......................................................................................................... 28
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 28
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 29
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 30
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 30
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 32
FISCAL EFFECTS ................................................................................................................. 33
ATTACHMENTS ................................................................................................................... 33
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SECTION 1 - MAP SERIES
Figure 1: ‘Vicinity Map’ from application
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Figure 2: ‘Project Image’ from application, being an oblique aerial image of the subject
property in its context
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Figure 3: ‘Annexation Map’ from application
Subject
Property
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Figure 4: ‘Zone Map Amendment’ map from application
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Figure 5: Project Vicinity Map – project is shaded in green
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Figure 6: Project Vicinity Map showing Future Land Use
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Figure 7: Project Vicinity Map showing Current Zoning Classification
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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 “Bridger Veterinary Specialty Hospital Annexation”.
2. An Annexation Map, titled “Bridger Veterinary Specialty Hospital 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 with the signed Annexation
Agreement. Said map shall contain a metes and bounds legal description of the perimeter of
the subject property including adjacent rights-of-ways or street easements, and total acreage
of the property to be annexed; unless the property to be annexed can be entirely described by
reference to existing platted properties or certificates of survey.
3. 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.
4. The land owners and their successors must pay 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.
5. 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.
6. The applicant must provide and file in conjunction with the annexation executed Waivers
of Right to Protest Creation of Special Improvement Districts (SID’s) or special districts for
the following if they do not already exist:
a) Street improvements to Campbell Road including lighting, signalization, paving,
curb/gutter, sidewalk, and storm drainage.
b) Street improvements to Reeves Road East including lighting, signalization,
paving, curb/gutter, sidewalk, and storm drainage.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the applicant agrees to participate in an
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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. The applicant must provide a copy of the SID waiver filed
with the County Clerk and Recorder prior to annexation.
7. 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 City-wide Park
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.
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.
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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.
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 ZMA Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “Bridger Veterinary Specialty Hospital Zone Map
Amendment”. All required documents must be returned to the City within 60 days of the
City Commission action to annex the property or the preliminary approval shall be null and
void.
2. That the Ordinance for the Zone Map Amendment shall not be finalized until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation agreement is not approved, the Zone Map Amendment
application shall be null and void.
3. The applicant must submit a zone amendment map, titled “Bridger Veterinary Specialty
Hospital 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.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) recommends approval of the requested annexation.
The City Commission will hold a public hearing on the annexation on Tuesday, November
10, 2020. The meeting will be held via WebEx. 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 resubmitted. The Bridger Veterinary Specialty Hospital 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 20184.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application.
The Zoning Commission held a public hearing on this ZMA on October 26, 2020 and
forwarded a recommendation of approval (4:0) to the Commission on the ZMA. The meeting
was held via WebEx. The meeting began at 6 p.m.
The City Commission will hold a public hearing on the zone map amendment on November
10, 2020. The meeting will be held via WebEx. The meeting will begin at 6 p.m.
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 5076 Criteria
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
The property in question is immediately contiguous to the City limits on three sides.
Because the property is immediately contiguous to the City, Goal 1 is met by the annexation.
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Goal 2: The City encourages all areas that are totally surrounded by the City to
annex.
The subject property is not totally surrounded by the City.
Goal 3: The City encourages all properties currently contracting with the City for
City services such as water, sanitary sewer, and/or fire protection to annex.
The subject property is not currently contracting with the City for water, sewer, or fire
protection services, but a City water distribution line runs along the northeastern boundary in
the right-of-way for Reeves Road East, and City sewer collection pipes run along the
northeastern and southwestern property lines in the rights-of-ways. Annexation would place
the property into the City’s water, sanitary sewer, and fire protection services areas. Any future
development would require connecting to municipal water and sewer services.
Goal 4: The City of Bozeman requires annexation of all land proposed for
development lying within the existing and planned service area of the municipal water
and sewer systems as depicted in their respective facility plans, any land proposed for
development that proposes to utilize municipal water or sewer systems.
The subject property is located adjacent to the service boundary of the municipal water
and sewer systems with existing system facilities adjacent to the lot. Future development
would require connections to municipal water and sewer services.
Goal 5: The City encourages annexations within the urban area identified on the
future land use map in the current Bozeman Growth Policy.
The property is located in the urban area of the Bozeman Growth Policy; therefore, its
annexation is encouraged.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries
more regular rather than creating irregular extensions which leave unannexed gaps
between annexed areas or islands of annexed or unannexed land.
The subject property is adjacent to the City limits on three sides. The annexation would
not create any irregular extensions or unannexed gaps and would make the city boundary
somewhat more ‘regular’ than the existing boundaries by eliminating what could be called a
‘notch’ in the City’s municipal boundary.
Goal 7: The City of Bozeman encourages annexations which will enhance the
existing traffic circulation system or provide for circulation systems that do not exist at
the present time.
The subject property is located along three existing streets: the public Frontage Road
along the Interstate 90 off-ramp, and privately maintained Campbell Road and Reeves Road
East, both being private roads originally approved as part of the Walker Subdivision PUD,
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which may be sub-standard in terms of City standards. Annexation and development of the
subject property, if annexed, would not substantially affect or enhance the circulation of
traffic; nor would annexation provide for an extended city street network that does not exist
now, because no changes to the streets are proposed or required. However, with
contingencies requiring waivers of SID protests, and construction of sidewalks along
Campbell Road and Reeves Road East upon lot development, would allow a mechanism to
require the property owner to participate in future street system improvements, as well as
enhance the non-motorized traffic circulation system in this area by providing sidewalk
connections to an existing sidewalk on the parcel to the southeast.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in
size, but will allow annexation of smaller parcels if factors such as topographic
limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc.,
justify a smaller annexation.
At ±2.7 acres (subject lot of 2.0099 plus adjacent rights-of-ways), the subject annexation
is well under the preferred parcel size of five (5) acres. However, given the proximity of the
subject property to the City limits (being surrounded on three of four sides by the City
limits), along with future development’s needs for water and sewer services and other
municipal services, annexation of a smaller area of approximately 2.7 acres is justified and
appropriate.
Goal 9: The City seeks to obtain water rights adequate for future development of
the property with annexation.
The Recommended Terms of Annexation include a requirement to transfer water rights or
provide payment in lieu of water rights transfer in accordance with Section 38.410.130 of the
municipal code.
Goal 10: The City of Bozeman encourages annexations for City provision of clean
treated water and sanitary sewer.
The subject property is proposed for annexation to provide for future urban development
that will include connections to the city water and sanitary sewer systems in accordance with
Goal 10.
Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or
storm or sewer mains, and Class I public trails not within the right of way for arterial
or collector streets. Annexations must also include waivers of right to protest the
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creation of special or improvement districts necessary to provide the essential services
for future development of the City.
The Recommended Terms of Annexation include requirements to dedicate easements,
rights-of-way for streets, and provide 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 must be addressed prior
to or in conjunction with the application for annexation.
The annexation application includes a requested Zone Map Amendment of the City
Zoning Map for the establishment of a zoning designation of B-2, “Community Business
District”, which would allow for development of the intended specialty animal veterinary
services hospital, as a permitted use falling within the definition of “General service
establishment” . The Future Land Use Map (FLUM) in the 2009 Bozeman Community Plan
(Growth Policy) currently designates the property as “Community Commercial Mixed Use”,
which is a land use designation that allows the proposed zoning of B-2 as a correlating
zoning district.
Discussion of the Zone Map Amendment criteria are presented in Section 8 of this report.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
The proposed zoning designation of B-2, “Community Business District”, conforms with
the current Growth Policy’s FLUM designation of “Community Commercial Mixed Use”,
therefore no growth policy amendment process is necessary for the establishment of B-2
zoning on the subject property.
Policy 4: Initial zoning classification of the property to be annexed will be determined
by the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
The applicant has applied for a Zone Map Amendment, as the subject property is
currently under the zoning jurisdiction of Gallatin County (zoned R-O, “Residential Office
District”). 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 annexation simultaneously with a Zone Map
Amendment application to establish an initial municipal zoning designation of B-2,
“Community Business District”.
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Note: The annexation and the placement of a zoning district designation on the property
by the City does not guarantee available services. Section 38.300.020.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: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
With the ZMA application, the applicant has indicated preference for a zoning
designation of B-2, “Community Business District”. See Section 6 of this report for analysis
of the requested zoning.
Policy 6: Fees for annexation processing will be established by the City Commission.
Applicant has paid the required application fees.
Policy 7: It is the 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 unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
The application states development of the subject property will be accessed from either
Campbell Road or Reeves Road East. Both streets are privately maintained and paved; thus,
unpaved county roads are not be used for access. The applicant has indicated the owner
wishes to keep the streets in their current state and continue with private maintenance.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
The Recommended Terms of Annexation include a requirement to transfer water rights or
provide payment in lieu of water rights transfer in accordance with Section 38.410.130 of the
municipal code. In addition, the application material indicates the applicants understand
these requirements.
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
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owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
City infrastructure and emergency services are available to the subject property or will be
upon completion of the annexation per the recommended contingencies and terms. City
water and sewer lines are currently located adjacent to the property.
Recommended Term of Annexation #5 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 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
City services are not currently being provided to this property. The Recommended Terms
of Annexation address future provisions of city services in accordance with Policy 10.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by 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 either 18" by 24" or 24” by 36” size
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).
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Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
This annexation does not require immediate payment of fees. 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 4.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearings have been sent and posted on the site as set forth under this
policy.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
This policy will be implemented after the Commission acts on preliminary approval or
denial of this application.
Policy 15: 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’), per the revised application materials submitted in August
2020.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
No road improvement district is known to be associated with this application. The terms
of this policy would apply if such improvement district(s) exists.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
The necessary agencies have been notified on October 12, 2020.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
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City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
The property is not currently developed with buildings connected to on-site or similar,
non-municipal water or wastewater services. As presented, the provisions and requirements
of Policy 18 to disconnect from non-municipal, on-site water and sewer services are not
applicable, but those for future connections are applicable and are addressed by the
Recommended Terms.
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must 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.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which prevent
or mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
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”, and the proposed B-2 zoning
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designation is an implementing district of the “Community Commercial Mixed Use” future
land use category.
The proposed zone map amendment also advances multiple goals and objectives of the growth
policy, such as the following:
Addressing Growth & Change Goal G-1: Growth Management - Promote the unique
history and character of Bozeman by preserving, protecting, and enhancing the overall
quality of life within the planning area.
Rationale: To ensure that Bozeman remains a great place to live, work, operate a
business, and play we need to protect the qualities that make people and
companies want to be here in the first place.
Objective G-1.1: Ensure growth is planned and developed in an orderly and publicly
open manner that maintains Bozeman as a functional, pleasing, and social
community.
Objective G-1.2: Ensure that adequate public facilities, services, and infrastructure
are available and/or financially guaranteed in accordance with facility or strategic
plans prior to, or concurrent with, development.
Objective G-1.3: Require development to mitigate its impacts on our community as
identified and supported by evidence during development review, including economic,
health, environmental, and social impacts.
Addressing Growth & Change Goal G-2: Implementation – Ensure that all regulatory
and non-regulatory implementation actions undertaken by the City to achieve the goals
and objectives of this plan are effective, fair, and are reviewed for consistency with this
plan on a regular basis.
Rationale: This plan provides overarching policy direction for all City actions.
Therefore, all actions taken to implement this plan must be reviewed to ensure
compliance.
Objective G-2.1: Ensure that development requirements and standards are efficiently
implemented, fairly and consistently applied, effective, and proportionate to the
concerns being addressed.
Objective G-2.3: Strive to maintain a balanced supply of land for the variety of uses
necessary to support a vigorous city.
Land Use Goal LU-1: Create a sense of place that varies throughout the City,
efficiently provides public and private basic services and facilities in close proximity to
where people live and work, and minimizes sprawl.
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Rationale: A sense of community is strengthened by distinctive areas which
facilitate neighborhood identity. This is strengthened when essential services are
available and encourage informal interactions. Full featured neighborhoods
allow extensive interaction and build identity with a specific part of the
community. A sense of place does not prohibit change or continued evolution of
the community.
Objective LU-1.1: The land use map and attendant policies shall be the official guide
for the development of the City and shall be implemented through zoning regulations,
capital improvements, subdivision regulations, coordination with other governmental
entities, and other implementation strategies.
Economic Development Goal ED-1: Promote and encourage the continued
development of Bozeman as a vital economic center.
Rationale: Economic vitality supports the social and cultural fabric of the
community and provides for physical needs of the citizens.
Objective ED-1.1: Support business creation, retention, and expansion. Emphasize
small businesses, ‘green’ businesses, and e-businesses.
Objective ED-1.2: Coordinate the provision of infrastructure necessary to support
economic development.
Objective ED-1.3: Foster a positive economic climate through a well-managed and
aesthetically pleasing built environment, and by maintaining a beautiful and healthy
natural environment to promote and attract businesses with a desirable impact on the
community.
Transportation Goal T-2: Ensure that a variety of travel options exist which allow safe,
logical, and balanced transportation choices.
Rationale: Providing for a variety of travel options supports public health,
reduces resource demand, and helps the City operate efficiently and cost
effectively. Coordinated and cooperative efforts by all transportation system
providers minimize the costs while maximizing benefits.
Objective T-2.1: For the purposes of transportation and land use planning and
development, non-motorized travel options and networks shall be of equal importance
and consideration as motorized travel options. This balance shall ensure that a
variety of travel opportunities are available which do not require the use of
automobiles for local trips.
Transportation Goal T-4: Pathways–Establish and maintain an integrated system of
transportation and recreational pathways, including streets, bicycle and pedestrian
trails, neighborhood parks, green belts and open space.
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Rationale: The City works with many partners to develop and operate the
transportation system in the City. Coordinating among these partners creates a
greater value from a complete and functional system rather than disjointed
pieces.
Objective T-4.1: Coordinate development of non-motorized transportation systems in
conjunction with motor vehicular transportation systems.
Objective T-4.2: Further develop and maintain an interconnected and convenient
pedestrian and bicycle network for commuting and recreation as discussed and
described in the transportation facility plan and in coordination with the design
standards of the transportation facility plan and the Parks, Recreation, Open Space,
and Trails Plan.
Objective T-4.4: Continue to improve the existing pedestrian network to increase
American’s with Disabilities Act compliance. The long term intent is full accessibility
throughout the community transportation system. Give highest priority to those
improvements that will provide the greatest access to community centers of activity.
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 application states the subject property is
3.4 miles (8-minute drive) from Bozeman Fire Station 3, and there is an existing fire hydrant
located in the Reeves Road East right-of-way directly adjacent to the subject property. There
are no other specific dangers peculiar to this property.
C. Promote public health, public safety, and general welfare.
Yes. The proposed B-2 zoning designation will promote general welfare by implementing the
future land use map in the Bozeman Community Plan. 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. 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.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. The City conducts extensive planning for municipal transportation, water, sewer,
parks, and other facilities and services provided by the City. The adopted plans allow the
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City to consider existing conditions and identify enhancements needed to provide additional
service needed by new development. The City implements these plans through its capital
improvements program that identifies individual projects, project construction scheduling,
and financing of construction.
As stated in 38.300.020.C of the City’s Unified Development Code, the designation of a
zoning district does not guarantee approval of new development until the City verifies the
availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of
uses and intensities. At time of future subdivision or site plan review the need for individual
services can be more precisely determined. No subdivision or site plan is approved without
demonstration of adequate capacity.
Per 38.300.020.C, “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.”
E. Reasonable provision of adequate light and air.
Yes. The B-2 zoning district includes development standards that address 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.
Yes. The recommended contingencies and terms of approval of this application addresses the
effects on transportation systems, including measures that will mitigate impacts of the future
development on both motorized and non-motorized transportation systems. The property is
well-situated in proximity to streets open to the public that contribute to a well-connected
overall transportation system, which the B-2 zoning is not likely to further impact relative to
the existing county R-O zoning, particularly considering the contingencies and terms of the
annexation and zone map amendment applied by the City.
G. Promotion of compatible urban growth.
Yes. According to Land Use Objective LU-1.1, “The land use map and attendant policies
shall be the official guide for the development of the City and shall be implemented through
zoning regulations, capital improvements, subdivision regulations, coordination with other
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governmental entities, and other implementation strategies.” With the proposed B-2 zoning
designation being an implementing zoning district of the FLUM, the zone map amendment
will promote compatible urban growth as dictated by the growth policy.
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 R-O (residential office district). While the immediately
adjacent properties to the north is zoned R-O under the County zoning designation, 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.
Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of
the number, shape, and area as are considered best suited to carry out the purposes [promoting
health, safety, morals, or the general welfare of the community] of this part.”
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing character of the subject property which is a vacant subdivision lot zoned by the
county as R-O, Residential office. It is not expected that zoning freeze the character of an area
in perpetuity. Rather, it provides a structured method to consider changes to the character.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in this new area
of the B-2 district to be compatible with adjacent development and uphold the character of the
area.
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I. Peculiar suitability for particular uses.
Yes. The property is located in an area designated by the city for Community Commercial
Mixed-use development. The proposed B-2 zoning designation would allow for various land
uses, including 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, with an
emphasis on commercial uses to support a more self-sufficient neighborhood; multi-
household dwellings, townhouses, and apartments are allowed as a secondary use in B-2. The
proposed B-2 city zoning is suitable for the site, given the size of the parcel and its location
and proximity to surrounding zoning districts and connectivity potential to city services and
infrastructure.
J. Conserving the value of buildings.
Yes. The property is currently vacant and essentially unused – its value is unlikely to be
substantially impacted. Residential buildings exist to the north and beyond, and other
commercial uses exist nearby. New structures developed on the site will be required to meet
standards set forth in the Unified Development Code, such as setbacks, buffers and building
heights, which will help alleviate any potential negative impacts to the values of adjacent
buildings as a result of future development on the subject property. The likely addition of a
non-residential but supportive land use that promotes development of a center-based
neighborhood could improve the value of neighboring buildings. 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 s.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. The proposed commercial B-2 zoning designation will encourage the most appropriate
use of land, as the growth policy currently designates the property as “Community
Commercial Mixed-use”, while the proposed zoning designation of “B-2” along with
municipal services will in many ways provide for more flexibility and the inclusion of site-
specific, appropriate, non-residential land uses in the vicinity that are more supportive of a
compact neighborhood community which, in-turn should result in a center-based, more self-
sustaining area, thus encouraging more appropriate uses of land in and around the city
overall. This initial zoning designation of B-2 will provide greater flexibility in providing
commercial development options to meet the growing demand, with a more self-sufficient
community as the growth policy envisions with the inclusion of mixed-use planning
elements.
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Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in
the area?
No. The B-2 designation already exists in the area, and properties are developed in
accordance with the B-2 district. Because this is simply a small expansion of the B-2 district
that is not substantially different in terms of allowed land uses in the existing county R-O
district (both allow limited commercial and office uses), the land uses allowed on the subject
property are not significantly different than those that currently prevail in the area.
2. Is the area requested for the rezone rather small in terms of the number of
separate landowners benefited from the proposed change?
Yes. Although one property owner is requesting the amendment the greater community will
benefit from the annexation and establishment of B-2 zoning. The zoning designation
continues the existing pattern of development in the area and does not create a small special
zoning district within the neighborhood. Further, the size of and number of parcels in the
existing B-2 district are not reflective of spot zoning, nor would the inclusion of the
additional parcel.
3. Would the change be in the nature of “special legislation” designed to benefit
only one or a few landowners at the expense of the surrounding landowners or the
general public?
No. While the number of landowners who will directly benefit from the proposed zone map
amendment is small, the proposed amendment is not at the expense of surrounding
landowners or the general public. As discussed above in the various review criteria, no
substantial negative impacts have been identified due to this amendment.
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
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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, Bechtle Architects, and property owner, Bridger Veterinary Facility, LLC,
seek to annex one approximately two-acre parcel of land, as well as adjacent right-of-way,
for a total of ±2.7 acres into the city limits and establish initial municipal zoning of B-2,
“Community Business District.”
The property is currently zoned “R-O” (Residential Office District) within the county.
Surrounding zoning includes city R-O (Residential-office district) to the southeast, county R-
O to the north/northeast, city B-2 to the west, and city M-2 (Manufacturing and industrial
district) to the south/southwest.
The property is undeveloped. The property is located in a developing area on the edge of the
City of Bozeman, with residential development to the north and beyond, and a mixture of
land uses in other directions, including a veterinary hospital to the east, a day care center to
the north, and public highway facilities to the south.
Water distribution and wastewater collection systems are installed in adjacent streets. The
property is accessed from Campbell and Reeves Roads, there is a no access strip on Frontage
Road. Frontage Road is a Principle Arterial according to the Bozeman Master Transportation
Plan, 2017 Update.
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A 50 foot setback requirements from the original subdivision and is shown on the annexation
map.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on October 8, 2020 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 on October 9, 2020. Notice was published in the Legal Ads section of the
Bozeman Daily Chronicle on October 11 and 18, and is to be published on November 1,
2020. The Zoning Commission public hearing is scheduled for October 26, 2020 and the City
Commission public hearing is scheduled for November 10, 2020.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted and Proposed Growth Policy Designation(s):
The property has a future land use designation of “Community Commercial Mixed Use” in
the Bozeman Community Plan, which is not proposed or required to be changed with the
proposal. 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. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow
residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas,
outdoor seating, public art, and hardscaped open space and park amenities are anticipated,
appropriately designed for an urban character. Placed in proximity to significant streets and
intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall
be provided. High density residential areas are expected in close proximity. Including
residential units on sites within this category, typically on upper floors, will facilitate the
provision of services and opportunities to persons without requiring the use of an
automobile.
The Community Commercial Mixed Use category is distributed at two different scales to
serve different purposes. Large Community Commercial Mixed Use areas are significant in
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size and are activity centers for an area of several square miles surrounding them. These are
intended to service the larger community as well as adjacent neighborhoods and are
typically distributed on a one mile radius. Smaller Community Commercial areas are usually
in the 1015 acre size range and are intended to provide primarily local service to an area of
approximately one-half mile radius. These commercial centers support and help give identity
to individual neighborhoods by providing a visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the
size and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and
should not be overly dominated by any single land use. Higher intensity employment and
residential uses are encouraged in the core of the area or adjacent to significant streets and
intersections. As needed, building height transitions should be provided to be compatible
with adjacent development.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2, “Community Business District.” in association
with the annexation of the property. According to Sec. 38.300.110(B) of the Unified
Development Code, “The intent of the B-2 community business 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 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 C-16 on the following page shows the correlation of zoning districts with the Growth
Policy’s land use categories, demonstrating that the proposed zoning designation of B-2
correlates with the Growth Policy’s future land use designation of “Community Commercial
Mixed Use”.
Table C-16 Zoning Correlation with Land Use Categories
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*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.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Bridger Veterinary Facility, LLC, 859 Fort Ellis Road, Bozeman, MT, 59715 (signed by
Joshua Jackson)
Applicant: Ben Elias – Bechtle Architects, 4515 Valley Commons Drive #201, Bozeman, MT,
59715
Representatives: Ben Elias – Bechtle Architects, 4515 Valley Commons Drive #201, Bozeman,
MT, 59715, and
Report By: Tom Rogers, Senior Planner
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FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
Attachments include the application materials.
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
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ANNEXATION AND INITIAL ZONING NARRATIVE
Bridger Veterinary Specialty Hospital is looking to expand their existing facility to cater to the
needs of the Gallatin Valley. The project will be a 15,000 – 20,000 square foot building that will
provide specialty animal veterinary services to domestic animals. No kenneling component is
anticipated with this project. The project is intended to be built in 2021.
The site was chosen for its size and location offering convenient access to the people and pets of
the Gallatin Valley. The ability to annex into the City and tie into City infrastructure further
added to the choice of this site for the project.
ANNEXATION CHECKLIST RESPONSES.
SECTION ONE: GOALS
1. The City of Bozeman encourages annexations of land contiguous to the City.
The property is contiguous to the City.
2. The City encourages all areas that are totally surrounded by the City to annex.
The property is contiguous to the City on three of four sides. It is not totally surrounded.
3. The City encourages all properties currently contracting with the City for City services
such as water, sanitary sewer, and/or fire protection to annex.
The subject property is currently undeveloped and has a 1-inch water service stubbed to
the property at the north end. It is within fire-fighting distance of a City fire hydrant and
adjacent to a City sanitary sewer main.
4. The City of Bozeman requires annexation of all land proposed for development lying
within the existing and planned service area of the municipal water and sewer systems as
depicted in their respective facility plans, any land proposed for development that
proposes to utilize municipal water or sewer systems.
The subject property lies within the existing service area of the City’s municipal water
and sewer systems.
5. The City encourages annexations within the urban area identified on the future land use
map in the current Bozeman Growth Policy.
The subject property lies within the Community Commercial Mixed Use (CCMU) land
use area on Figure 3-1: Future Land Use Map of the Bozeman Community Plan (2009).
6. The City of Bozeman encourages annexations to make the City boundaries more regular
rather than creating irregular extensions which leave unannexed gaps between annexed
areas or islands of annexed or unannexed land.
The annexation of the subject property will smooth out a jagged section of the city limits.
7. The City of Bozeman encourages annexations which will enhance the existing traffic
circulation system or provide for circulation systems that do not exist at the present time.
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The annexation of the subject property is not proposed to enhance the existing traffic
circulation system. The development of the subject property will be accessed from either
Campbell Road or Reeves Road East.
8. The City prefers annexation of parcels of land larger than five (5) acres in size, but will
allow annexation of smaller parcels if factors such as topographic limitations, sanitary
disposal needs, fire access, maintenance of public facilities, etc., justify a smaller
annexation.
The subject property is 2.01 acres. The need for connection to City services and the
factors outlined above make it a good candidate for annexation although it is less than
the preferred 5 acre minimum.
9. The City seeks to obtain water rights adequate for future development of the property
with annexation.
Sec. 38.410.130.C.5 BMC allows deferral of CILWR for commercial uses until the time of
site plan. Given the particular water use details of the future development aren’t known
at this point, the deferral is the best path to take with the annexation. See email from
Brian Heaston below.
10. The City of Bozeman encourages annexations for City provision of clean treated water
and sanitary sewer.
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The subject property will be served by existing City water and sewer mains located in the
Reeves Road East Right of Way.
SECTION TWO: POLICIES
1. Annexations must include dedication of all easements for rights-of-way for collector and
arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer
mains, and Class I public trails not within the right of way for arterial or collector streets.
Annexations must also include waivers of right to protest the creation of special or
improvement districts necessary to provide the essential services for future development
of the City.
No street Right-of-ways internal to the subject property are proposed at this time. All
applicable easements and waivers will be completed.
2. Issues pertaining to master planning and zoning must be addressed prior to or in
conjunction with the application for annexation.
No issues pertaining to master planning and zoning are anticipated at this time.
3. The application for annexation must be in conformance with the current Bozeman
Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated
uses, the amendment process must be initiated by the property owner and completed prior
to any action for approval of the application for annexation.
The subject property is designated in the Bozeman Community Plan as Community
Commercial Mixed Use. The proposed B-2 zoning complies with Table C-16 of Appendix
C of the current Community Plan.
4. Initial zoning classification of the property to be annexed will be determined by the City
Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
The subject property is proposed to be B-2 zoning classification.
5. The applicant must indicate their preferred zoning classification as part of the annexation
petition.
The subject property is proposed to be B-2 zoning classification.
6. Fees for annexation processing will be established by the City Commission.
This is understood.
7. It is the 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 unless the
landowner proposes a method to provide for construction of the road to the City’s street
standards.
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The subject property is surrounded by paved roads; Campbell Road, Reeves Road East
and Frontage Road.
8. Prior to annexation of property, the City will require the property owner to acquire
adequate and useable water rights, or an appropriate fee in lieu thereof, in accordance
with Section 38.410.130 of the municipal code, as amended.
Sec. 38.410.130.C.5 BMC allows deferral of CILWR for commercial uses until the time of
site plan. Given the particular water use details of the future development aren’t known
at this point, the deferral is the best path to take with the annexation.
9. Infrastructure and emergency services for an area proposed for annexation will be
reviewed for the health, safety and welfare of the public and conformance with the City’s
adopted facility plans. If the City determines adequate services cannot be provided to
ensure public health, safety and welfare, the City may require the property owner to
provide a written plan for accommodation of these services, or the City may reject the
petition for annexation. Additionally, the parcel to be annexed may only be provided
sanitary sewer service via the applicable drainage basin defined in the City Wastewater
Collection Facilities Plan.
City water and sewer mains already exist in the adjacent road right-of-way (Reeves Road
East). The existing 1-inch water service will likely be used to serve the property. As no
sewer service exists to property, a service connection will need to be installed to the
existing sewer main located in the Reeves Road East R.O.W.
10. The City may require annexation of any contiguous property for which city services are
requested or for which city services are currently being provided. In addition, any person,
firm, or corporation receiving water or sewer service outside of the City limits is required
as a condition of initiating or continuing such service, to consent to annexation of the
property serviced by the City. The City Manager may enter into an agreement with a
property owner for connection to the City’s sanitary sewer or water system in an
emergency conditioned upon the submittal by the property owner of a petition for
annexation and filing of a notice of consent to annexation with the Gallatin County Clerk
and Recorder’s Office. The contract for connection to city sewer and/or water must
require the property owner to annex or consent to disconnection of the services.
Connection for purposes of obtaining City sewer services in an emergency requires, when
feasible as determined by the City, the connection to City water services.
This is not applicable to the annexation request presented with this application.
11. The annexation application shall be accompanied by mapping to meet the requirements of
the Director of Public Works. Where an area to be annexed can be entirely described by
reference to a certificate of survey or subdivision plat on file with the Gallatin County
Clerk and Recorder.
A map entitled “Bridger Veterinary Surgery Clinic Annexation Map” is included with
this application.
12. The mapping may be waived by the Director of Public Works.
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A map entitled “Bridger Veterinary Surgery Clinic Annexation Map” is included with
this application.
13. The City will assess system development/impact fees in accordance with Montana law
and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
This is understood.
14. Public notice requirements: Notice for annexation of property must be coordinated with
the required notice for the zone map amendment required with all annexation. The zone
map amendment notice must contain the materials required by 38.220.410, BMC.
This is understood.
15. Annexation agreements must be executed and returned to the City within 60 days of
distribution of the annexation agreement by the City, unless another time is specifically
identified by the City Commission.
This is understood.
16. When possible, the use of Part 46 annexations is preferred.
This annexation application is proposing the use of Part 46.
17. Where a road improvement district has been created, the annexation does not repeal the
creation of the district. The City will not assume operations of the district until the
entirety of the district has been annexed. Any funds held in trust for the district will be
used to benefit the district after transfer to the City. Inclusion within a district does not
lessen the obligation to participate in general city programs that address the same subject.
This is understood.
18. The City will notify the Gallatin County Planning Department and Fire District providing
service to the area of applications for annexation.
This is understood.
19. The City will require connection to and use of all City services upon development of
annexed properties. The City may establish a fixed time frame for connection to
municipal utilities. Upon development, unless otherwise approved by the City, septic
systems must be properly abandoned and the development connected to the City sanitary
sewer system. Upon development, unless otherwise approved by the City, water wells on
the subject property may be used for irrigation, but any potable uses must be supplied
from the City water distribution system and any wells disconnected from structures. The
property owner must contact the City Water and Sewer Superintendent to verify
disconnects of wells and septic systems.
This is understood. The property is undeveloped and no septic system or well currently
exists.
INITIAL ZONING PROJECT NARRATIVE
A. Is the new zoning designation in accordance with the growth policy? How?
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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 and R-O.
B. Will the new zoning secure safety from fire and other dangers? How?
Yes. The subject property is 3.4 miles (8-minute drive) from Bozeman Fire Station 3.
There is an existing fire hydrant located in the Reeves Road East right-of-way directly
adjacent to the subject property. 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 lots that border the property. 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. Existing City water and sanitary sewer mains will be utilized for the development of
the subject property.
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 across the street to the
north.
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 a 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 minor
arterial street. The location of this development prevents islands of disconnected growth.
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H. Does the new zoning promote the character of the district? How?
Yes. The new B-2 zoning aligns with the character of the district, which includes areas
also zoned B-2.
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?
Yes. There are currently no buildings on the property. 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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