HomeMy WebLinkAbout001 - Application Narrative
Jenni Property Annexation & ZMA
December 2024
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Table of Contents
Narrative
I. Project Overview
II. Response to Annexation Goals, Policies & Approval Criteria
III. Response to Zone Map Amendment Approval Criteria
IV. Response to Spot Zoning Criteria
Appendices
Appendix A: Vicinity Map
Appendix B: Current Zoning Map
Appendix C: Future Land Use Map
Appendix D: Proposed Zoning Map
Appendix E: Zone Map Amendment Editable Legal Description
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1. Project Team
Owners & Applicant:
Museum of the Rockies, Inc.
Attn: Christopher Dobbs
600 West Kagy Blvd.
Bozeman, Montana 59717
Email: chris.dobbs@montana.edu
Representative:
Intrinsik Architecture, Inc.
Attn: Tyler Steinway
106 East Babcock Street, Suite 1A
Bozeman, Montana 59715
Ph: 406.582.8988
Email: tsteinway@intrinsikarchitecture.com
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Project Narrative
Executive Summary
The project team is submitting an application for Annexation and Initial Zoning to bring a 1.04-acre
parcel into the city. This parcel is directly bordered by annexed land on two sides, to the south and east.
The non-annexed land to the parcel’s north and west is part of a small donut hole of non-annexed
parcels that are wholly surrounded by annexed land. The initial zoning request is to zone this property as
Public Lands & Institutions (PLI).
Project Description
The applicant is requesting to annex one parcel, totaling 1.04 acres, located on South 3rd Avenue
(Collector) and establish the initial zoning as Public Lands & Institutions (PLI). This parcel is located
within the Community Plan’s Public Institutions Designation, which provides PLI zoning as the only
implementing zone. There is an existing home and several outbuildings located on the subject parcel. No
change or additional development is proposed concurrently with this Annexation & ZMA.
The subject property is part of a small cluster of parcels that currently form a donut hole-shape in the
city, as they are wholly surrounded by annexed land. From a land use perspective, the subject property
is surrounded by a wide variety of uses that range from residential to the south and east, and Montana
State University and Museum of The Rockies to the north and west.
The Bozeman Community Plan’s Public Institutions designation is intended for land that is owned by a
public entity such as the Museum of the Rockies, Inc. The Community Plan describes the typical uses
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that occur within this designation as libraries, fire stations, and publicly operated utilities. When
analyzing these guiding principles, the goals of the project, and the surrounding context of the site, the
PLI zoning designation presents itself as the most appropriate zoning designation for this property. The
intent of the PLI zoning designation is to provide for major public and quasi-public uses outside of other
districts.
This Annexation and Zoning request demonstrates a vision for this property that aligns with the current
Bozeman Unified Development Code (as well as the future draft . . .), Montana Code Annotated and the
Bozeman Community Plan. The proposed zoning allows for consistent land use patterns that uphold the
existing character of the surrounding community and aims to accomplish several goals and themes of
the community plan as outlined in our application responses below.
Response to Annexation Goals, Policies & Approval Criteria
The Applicant understands that the Annexation of a property is subject to the goals and policies
established by Commission Resolution No. 4400. These goals and policies are outlined and addressed
below. In addition, the Annexation Map and Zone Map Amendment Exhibits are included with this
application for further reference (Appendix A-D).
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Annexation Goals
1. The City of Bozeman encourages Annexations of land contiguous to the City.
Response: The subject site is surrounded by annexed land to the south and east. The surrounding
unannexed land to the north and west is a small enclave that is, in itself, wholly surrounded by
annexed land on all sides.
2. The City encourages all areas that are totally surrounded by the City to annex.
Response: This property as well as a few adjacent properties create a donut hole of unannexed
land. These parcels are wholly surrounded by the city on all sides.
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.
Response: The subject property has an existing home on site. The applicant plans on contracting
with the City for services upon future development.
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.
Response: The subject property is located within the urban growth area and service boundary of
the existing 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.
Response: The subject property is located within the proposed urban growth area, sitting within a
small enclave of unincorporated parcels that are surrounded on all sides by incorporated lands,
making this property a logical extension of the City. The Future Land Use Map identifies this area
as Public Institutions. The property’s proximity to Institutions like Montana State University and
the adjacent Museum of the Rockies, along with its ownership being held by, Museum of the
Rockies, Inc., make its annexation into the city with PLI zoning a logical addition that is in line with
what the Community Plan envisions for this area, and specifically, for this property.
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.
Response: This annexation will help fill in part of this donut hole gap in the city boundary. This
application will simplify the city boundary and will help reduce the area of this island of
unannexed land.
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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Response: The subject site is bordered by south 3rd Avenue, which is designated as a Collector. No
future development on the property is envisioned, and no changes to the current programming of
this property are planned. Therefore, the proposed Annexation and Zone Map Amendment will
have no effect on the current traffic circulation and will not result in the need for enhancement.
At the time of future development traffic will be further studied for conformance with the
adopted rules and regulations.
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.
Response: The subject property is 1.04 acres.
9. The City seeks to obtain water rights adequate for future development of the property with
Annexation.
Response: This is understood. There appears to be a statement of claim for a large area that
includes this property and the Museum of the Rockies campus. It is our intention to keep this
statement of claim to allow for future Museum of the Rockies activities and educational
opportunities. A significant portion of the property within the statement of claim is still in Gallatin
County and will be used for agriculture. The Applicant would like to retain all water rights to
allow for agricultural operations to remain onsite, as future plans are not yet contemplated. Any
potential water rights would be important to the function of the Museum site, and it is the
Applicant’s strong preference to maintain them.
10. The City of Bozeman encourages Annexations for City provision of clean treated water and
sanitary sewer.
Response: Annexation of this property will result in connections to City water and sanitary sewer
services as well as a comprehensive stormwater management following a City approved plan.
These will happen upon future development of the parcel.
Annexation 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.
Response: The Applicant understands the requirements of Annexation and each of the adopted
policies associated with Annexation. The applicant is willing to dedicate any required easements
and rights-of-way, and sign waivers of right to protest for future SIDs. There appears to be a
statement of claim for a large area that includes this property and the Museum of the Rockies
campus. It is our intention to keep this statement of claim to allow for future Museum of the
Rockies activities and educational opportunities. A significant portion of the property within the
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statement of claim is still in Gallatin County and will be used for agriculture. The Applicant would
like to retain all water rights to allow for agricultural operations to remain onsite, as future plans
are not yet contemplated. Any potential water rights would be important to the function of the
Museum site, and it is the Applicant’s strong preference to maintain them.
2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with
the application for Annexation.
Response: Understood. A request for initial zoning has been included with this application.
Adjacent conditions, circulation, potential open space, and watercourses were all taken into
account when determining areas of requested zoning.
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.
Response: The requested PLI zoning is authorized for application within the Public Institutions
Future Land Use category.
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.
Response: Understood. The request for initial zoning has been submitted with this application.
5. The applicant must indicate their preferred zoning classification as part of the Annexation petition.
Response: The Applicant is requesting PLI (Public Lands and Institutions) for this project.
Additional information on the requested zoning is included below to satisfy the requirements for
initial zoning of the to be annexed site.
6. Fees for Annexation processing will be established by the City Commission.
Response: The applicant understands that there is a fee associated with the Annexation and
zoning of this parcel. The required fee will be submitted as part of a complete application.
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.
Response: No unpaved county roads are proposed for access to the property. While development
of this property is not envisioned, the applicant will ensure that adequate access to the property is
provided.
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.
Response: There appears to be a statement of claim for a large area that includes this property
and the Museum of the Rockies campus. It is our intention to keep this statement of claim to
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allow for future Museum of the Rockies activities and educational opportunities. A significant
portion of the property within the statement of claim is still in Gallatin County and will be used for
agriculture. The Applicant would like to retain all water rights to allow for agricultural operations
to remain onsite, as future plans are not yet contemplated. Any potential water rights would be
important to the function of the Museum site, and it is the Applicant’s strong preference to
maintain them. In the event that a transfer of water rights is required, it would be our request to
defer that to a future application, either possible future site plan approval or subdivision.
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.
Response: Adequate infrastructure and emergency services currently exist to serve the property,
although no development is currently proposed with this application. The subject property is
currently located within the jurisdiction of the City of Bozeman Fire and Police Departments.
Future development applications will conform to City of Bozeman public safety, building,
watercourse setbacks, and land use requirements in compliance with the UDC, as well as all
applicable building codes to help secure safety from fire and other dangers.
The City’s adopted plans for municipal transportation, water, sewer, parks, and other facilities
and services ensure that this site will have services necessary to serve future site development.
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.
Response: City services will be requested for the development of this parcel.
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.
Response: The required mapping materials have been included in this submittal.
12. The mapping may be waived by the Director of Public Works.
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Response: Understood. The applicant has provided the requested mapping information.
13. The City will assess system development/impact fees in accordance with Montana law and
Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Response: The applicant acknowledges and understands this requirement.
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.
Response: Required public notice materials for the Annexation and Zone Map Amendment have
been provided with this submittal.
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.
Response: The Applicant team would like to begin to coordinate on preparing the Annexation
agreement prior to final review and possible Annexation approval by City Commission. Please
advise on best next steps to accomplish this task.
16. When possible, the use of Part 46 Annexations is preferred.
Response: Part 46 Annexation is not applicable.
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.
Response: Understood.
18. The City will notify the Gallatin County Planning Department and Fire District providing service to
the area of applications for Annexation.
Response: Acknowledged.
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.
Response: While no future development is planned, the applicant intends to connect the existing
structure(s) to and use City services. The Applicant team understands the additional requirements
of this Annexation policy and intends to abide by this standard. Connections to the water and
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sewer system will occur with future development. The septic system will be properly mitigated as
well.
20. Additional Site Information
Response: No additional site information has been requested nor has the applicant identified
additional materials relevant to this application that are essential to include in this packet for
review.
Responses to ZMA Approval Criteria
Below are responses to the ZMA Approval Criteria (Section 76-2-304, MCA) that address how the project
relates to and meets the criteria outlined for the approval of a zone change.
a. Is the new zoning designed in accordance with the growth policy? How?
Yes. The future land use map, as an illustration, is the fundamental building block to communicate the
City’s desired outcome to accommodate the complex and diverse needs of its residents. The Future Land
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Use Map in the Bozeman Community Plan 2020 designates the property as Public Institutions. The
Bozeman Community Plan’s Public Institutions designation is intended for land that is owned by a public
entity. The Community Plan describes the typical uses that occur within this designation as libraries, fire
stations, and publicly operated utilities. When analyzing these guiding principles, the goals of the
project, and the surrounding context of the site, the PLI zoning designation presents itself as the most
appropriate zoning designation for this property. The applicant is a public institution and plans to
continue to use this land for the purpose of benefiting the public through education and beautification.
This development pattern is consistent with several goals and objectives of the Community Plan
including:
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage
annexation of wholly Wastewater Collection Facilities surrounded areas.
Theme 5 influenced by regional cooperation and defined edges - Explore the annexation of inholdings to
promote efficiency of services
The Zone Map Amendment is proposed in association with an Annexation. The subject property is
located directly adjacent to land already in the City of Bozeman. This application would reduce the size of
the island of unannexed parcels that are surrounded by Annexed land and will result in a regular-shaped
City boundary. Furthermore, the property is located within the urban services boundary and can be
serviced with utilities.
Goal N-4: Continue to encourage Bozeman’s sense of place.
N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood character, and
buildings that contribute to Bozeman’s sense of place through programs and policy led by both City and
community efforts.
N-4.2 Incorporate features, in both public and private projects, to provide organization, structure, and
landmarks as Bozeman grows.
The Museum of the Rockies is a staple in the Bozeman Community. The Museum is a significant
contributor to the sense of place and landmarks of Bozeman. Allowing this property into the city will
allow the Museum to grow over time and allow them to continue to foster this sense of place.
Goal DCD-1: Support urban development within the City.
DCD-1.10 Support University efforts to attract development near campus.
Allowing this property into the city will allow for future development to happen overtime. This positive
benefit to our community will hopefully help attract more development near the campus and within the
city.
b. Will the new zoning secure safety from fire and other dangers? How?
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Yes. The subject property is currently served by the City of Bozeman Fire and Police Departments. The fire
department can access this site. This zoning change will therefore will not have an impact on site safety.
Additionally, the building and fire codes as well as the Unified Development Code will help ensure
structures are safe from fire and other dangers.
c. Will the new zoning promote public health, safety and welfare? How?
Yes. By annexing and zoning this property, public health, safety, and welfare will be bolstered by
enabling the updating of water and sewer facilities that serve this property, which in turn, ensures higher
levels of safety for water consumers nearby.
d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools,
parks and other public requirements? How?
Yes. The subject property is adjacent to a collector. While this application is to bring this parcel into the
city, there is no future development proposed at this time. Simply bringing this parcel into the city will
have no effect on the over all utility networks. When future development is contemplated all these items
will be verified in conformance with the Unified Development Code.
e. Will the new zoning provide reasonable provision of adequate light and air? How?
Yes. The subject property’s existing built conditions currently adhere to the provisions set forth in the
Unified Development Code for setbacks, lot coverage, height, and open space, all of which address
concerns about access to adequate light and air. Additionally, there is no development planned for the
subject property, therefore, the new zoning will not affect the currently acceptable conditions with
regard to light and air provisions.
f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How?
No. As previously mentioned, no development is planned for this property, nor is any change to the
current use or programming being proposed. Therefore, the property will continue to operate as it does
today, resulting in no change to any motorized or non-motorized transportation systems.
g. Does the new zoning promote compatible urban growth? How?
Yes. The Future Land Use Map included in the Bozeman Community Plan establishes the preferred and
compatible development pattern for the City. The categories and descriptions act as a guide for what is
considered compatible and appropriate. Careful consideration has gone into the creation of these map
categories to ensure the long-term visions and goals of promoting sustainability, safety and a high
quality of life.
This property is designated as Public Institutions on the Future Land Use Map. The PLI zoning district is
listed as the sole compatible zone under this designation. The growth policy supports the preservation of
publicly owned lands. The applicant plans to preserve and maintain the subject property for the same
uses that presently occur on this property.
The UDC defines compatible urban growth, which does not require uniformity in order to insure
compatibility. Furthermore, the city’s zoning ordinance defines the uses and development standards
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associated with subject property under the auspices of the proposed PLI zoning. The proposed PLI District
allows the current uses that occur on the subject property, which are appropriate and compatible with
the surrounding neighborhoods, to continue.
h. Does the new zoning promote the character of the district? How?
Yes. The Montana Code Annotated states, “…legislative body may divide the municipality into districts of
the number, shape, and area as are considered best suited to carry out the purposes [promotion of
general health, and life safety 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. The character of the subject district is described in the intent statement of the PLI District,
as:
“…the PLI public lands and institutions district is to provide for major public and quasi-public uses outside
of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within
another district; however, larger areas will be designated PLI”.
The subject property sits on the edge of the largest swath of PLI zoned lands in the City of Bozeman. The
institutions that define this zoning district serve the community through providing public education. This
property currently serves as a piece of this broader mission, with its current use being for education on
local history. As the applicant is an educational institution, and with this current use of the subject
property being guaranteed, the proposed PLI zoning district would allow for the continuation of the
applicant’s mission, and positively contribute to the health and strength of the surrounding PLI district.
i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
Yes. The proposed PLI zoning district is directly adjacent to a cluster of several PLI-zoned lots, making the
subject property’s suitability very clear. The applicant’s primary campus, located adjacent to the subject
property, is currently zoned PLI. Abutting this property is the Montana State University Campus, which is
also zoned PLI. These institutions comprise what is currently the largest continuous PLI zoning district in
Bozeman. The proposed PLI zoning district would appropriately contribute to this existing node and help
to strengthen this institutional core by ensuring the preservation of these institutional assets.
j. Was the new zoning adopted with a view of conserving the values of buildings? How?
Yes. This application is being placed with the specific intent of preserving the subject property and its
structures as they are today. Bringing this property into the city and zoning it PLI will have no effect on
the values of buildings in the area.
k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional
area? How?
Yes. The Community Plan illustrates the most appropriate uses of land through the future land use map.
The Future Land Use Map Category that the subject property falls within is Public Institutions. The PLI
zoning district will match the zoning of the adjacent properties that are currently also within the Public
Institutions category on the future land use map.
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III. Response to Spot Zoning Criteria
A. Are the requested zoning designation and potential uses significantly different from the prevailing
uses in the area?
No, therefore this criterion has been met. The subject property is adjacent to the largest continuous PLI
zoning district in the City. This PLI zoning district is comprised of Montana State University and the
applicant, Museum of The Rockies. The subject property will continue to serve as an asset to this
institution, and therefore will bolster this PLI zoning district’s strength as a compatible use.
B. Does the requested zoning designation benefit a small area and only one or a few landowners, or
does the requested zoning benefit the surrounding neighborhood, community and general public?
This zone change will benefit the surrounding neighborhoods, community, and general public altogether.
While the subject property will remain under the ownership of a single entity, this entity is a public
institution that already offers many services to the community. Zoning the subject property to be PLI will
allow this institution to continue to use this property for the educational uses it does today, by enabling
the necessary on-site infrastructure upgrades to occur.
C. Is the requested zoning designation compatible with the zoning district’s plan or is it special
legislation designed to benefit only one or a few landowners at the expense of the surrounding land
owners?
This ZMA does not represent special legislation designed to benefit the landowner at the expense of the
adjacent property owners. The proposed zoning is the same zoning as the nearby properties, and
therefore it is difficult to foresee this proposed zoning, respectively, will negatively impact the
surrounding landowners.
Additionally, the proposed zone change is compatible with City policies and state statute governing the
approval of such requests. Preservation of the existing property will be the result of the requested
zoning, which will ensure the existing character of this area will be maintained.
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