HomeMy WebLinkAboutFinally adopt Ordinance No. 1701, East Gallatin Recreation Area
Report compiled on January 2, 2008
Commission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Martin Knight, Assistant Planner
SUBJECT: Zone Map Amendment Ordinance 1701, for East Gallatin Recreation Area
& Old City of Bozeman Landfill ZMA, #Z-07006
Consent Item (2nd reading)
MEETING DATE: Tuesday, January 22nd, 2008
RECOMMENDATION: The City Commission adopts Ordinance 1701 for the East Gallatin
Recreation Area & Old City of Bozeman Landfill Zone Map Amendment.
BACKGROUND: The applicant is proposing to amend the City of Bozeman Zoning Map to
establish an initial municipal zoning designation of PLI (Public Lands and Institutions) on 81.95
acres of land located north of Griffin Drive between Manley Road and North Rouse Avenue. The
City Commission approved the requested zone map amendment application on Monday, March 5th,
2007.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property, if the
property is further developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Martin Knight at mknight@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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ORDINANCE NO. 1701
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE
MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING
DESIGNATION OF PLI (PUBLIC LANDS AND INSTITUTIONS
DISTRICT) ON 81.95 ACRES WHICH IS DESCRIBED AS TRACTS GL-2 &
GL-3, LOCATED IN THE NORTHWEST QUARTER OF SECTION 31, T1S,
R6E; AND TRACT GL-3 OF CERTIFICATE OF SURVEY NO. 12,
LOCATED IN THE SOUTHERN HALF OF THE NORTHWEST QUARTER
OF SECTION 31, T1S, R6E, PMM, GALLATIN COUNTRY, MONTANA.
WHEREAS, the proposed zone map amendment to grant an initial zoning designation
of PLI (Public Lands and Institutions District) has been properly submitted, reviewed and
advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on Wednesday,
February 21, 2007 to receive and review all written and oral testimony on the request for a zone
map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved with a designation of “PLI,” Public
Lands and Institutions District; and
WHEREAS, after proper notice, the City Commission held its public hearing on
March 5, 2007, to receive and review all written and oral testimony on the request for a zone
map amendment; and
WHEREAS, the City Commission has reviewed and considered the twelve zone
change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map
amendment to establish an initial municipal zoning designation of PLI (Public Lands and
Institutions District), with contingencies, to be in compliance with the twelve criteria; and
WHEREAS, at its meeting held on March 5, 2007, the City Commission found that
the proposed zone map amendment would be in compliance with the Growth Policy and would
be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
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Section 1
That the zoning district designation of the following-described property is hereby
designated as PLI (Public Lands and Institutions District):
Tracts GL-2 & GL-3, located in the northwest quarter of Section 31, T1S,
R6E; and Tract GL-3 of Certificate of Survey No.12, located in the southern
half of the northwest quarter of Section 31, T1S, R6E, PMM, Gallatin
County, Montana.
Said tracts of land being 81.95 acres along with and subject to any existing
easements.
Section 2
The effective date is thirty days after final adoption of this ordinance on second reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at
a regular session thereof held on the 7th day of January, 2008.
___________________________________
KAAREN JACOBSON
Mayor
ATTEST:
______________________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
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PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the
City of Bozeman, Montana, on second reading, at a regular session thereof held on the 22ND day
of January, 2008.
___________________________________
KAAREN JACOBSON
Mayor
ATTEST:
______________________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
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EAST GALLATIN RECREATION AREA & OLD C.O.B. LANDFILL ZONE MAP AMENDMENT
ZONING COMMISSION & CITY COMMISSION STAFF REPORT FILE NO. Z-07006
East Gallatin Recreation Area & old C.O.B. Landfill Zone Map Amendment Staff Report, #Z-07006
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Item: Zone Map Amendment Application #Z-07006 requesting to amend the City
of Bozeman Zone Map to establish an initial municipal zoning designation
of PLI (Public Lands and Institutions District) on approximately 81.95 acres
of land located north of Griffin Drive between Manley Road and North
Rouse Avenue.
Owners: Montana Fish, Wildlife, & Parks City of Bozeman
1400 S. 19th Avenue PO Box 1230
Bozeman, MT 59718 Bozeman, MT 59771
Applicant: Joe Maurier, Parks Administrator Debbie Arkell
Montana Fish, Wildlife, & Parks City of Bozeman
1400 S. 19th Avenue PO Box 1230
Bozeman, MT 59718 Bozeman, MT 59771
Representative: Raymond F. Heagney, Park Manager
Montana Fish, Wildlife, & Parks Martin Knight
1400 S. 19th Avenue City of Bozeman
Bozeman, MT 59718 PO Box 1230
Bozeman, MT 59771
Date/Time: Before the Bozeman Zoning Commission on Wednesday, February 21, 2007,
at 7:00 p.m., in the Commission Meeting Room, 411 East Main Street,
Bozeman, Montana, and before the Bozeman City Commission on Monday,
March 5, 2007, at 6:00 p.m., in the Community Meeting Room, 311 West
Main Street, Bozeman, Montana.
Report By: Martin Knight, Assistant Planner
Recommendation: Approval of PLI zoning with Contingencies
PROJECT LOCATION & MAP:
The subject properties are legally described as Tracts GL-2 & GL-3, located in the northwest quarter of
Section 31, T1S, R6E; and Tract GL-3 of Certificate of Survey No.12, located in the southern half of the
northwest quarter of Section 31, T1S, R6E, PMM, Gallatin County, Montana. The subject properties total
approximately 81.95 acres; 35.951 acres in the East Gallatin Recreation Area, and 46 acres in the old City
of Bozeman Landfill property. Please refer to the aerial photographs provided at the end of the Staff
Report and to the following vicinity map.
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PROPOSAL AND BACKGROUND INFORMATION
The property owners and applicants, Montana Fish, Wildlife, & Parks and the City of Bozeman, have
proposed to annex the 81.95-acre subject properties to the corporate limits of the City of Bozeman and to
establish an initial municipal zoning designation of PLI (Public Lands and Institutions District). The
purpose of the annexation and zone map amendment request is to obtain pubic services (i.e., police and
fire) to the subject properties. The proposed zoning designation of PLI is in conformance with the land
use designation as outlined in the Bozeman 2020 Community Plan.
The subject properties currently contain a variety of recreational facilities. This includes multi-use trails,
volleyball courts, horseshoe pits, water-based recreation, picnic pavilions, and restroom facilities.
Vehicular access to the East Gallatin Recreation Area is obtained off Manley Drive; access to the trails on
the old Landfill property is obtained from both the East Gallatin Recreation Area and the North Rouse
Avenue trailhead. No further development or change in use is proposed with this application.
No public comment has been received.
ZONING DESIGNATION & LAND USES
As previously noted, the applicants propose a Zone Map Amendment to establish an initial municipal
zoning designation of PLI.
The intent of 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 following land uses and zoning are adjacent to the subject property:
North: Vacant Land & Single-household Residences; zoned R-S (Residential Suburban District)
and R-1 (Residential Single-household, Low Density District);
South: Mix of manufacturing, industrial, office, and residential uses; zoned M-2 (Manufacturing
and Industrial District), M-1 (Light Manufacturing District), and PLI (Public Lands and
Institutions District);
East Gallatin Recreation Area & old C.O.B. Landfill Zone Map Amendment Staff Report, #Z-07006
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East: Bridger Creek Golf Course and Vacant Land; zoned R-S (Residential Suburban District);
West: Light manufacturing uses and Single-household residences; zoned M-1 (Light
Manufacturing District) and R-1 (Residential Single-Household, Low Density District).
GROWTH POLICY DESIGNATION
The area that is subject to this application is designated as both “Parks, Open Space, and Recreational
Lands” and “Public Institutions” on the Future Land Use Map in the City’s growth policy. These
designations are described as follows:
Parks, Open Space, and Recreational Lands. All publicly owned recreational lands, including
parks, fall within this category, as well as certain private lands. These areas are generally open in
character and may or may not be developed for active recreational purposes.
Public Institutions. A variety of activities are undertaken in this land use classification. Schools
are a dominant use including Montana State University. Other Typical uses are libraries, fire
stations, and publicly operated utilities. A significant portion of Bozeman’s employment occurs
within this category.
A variety of land use designations exist on adjacent properties. This includes “Golf Course”,
“Industrial”, and “Future Urban” designations.
REVIEW CRITERIA & FINDINGS
According to Section 18.70.020 of the Unified Development Ordinance (UDO), the Bozeman Zoning
Commission shall make an investigation of facts bearing on each zone map amendment application. The
Zoning Commission must provide necessary information to assure that the action of each zone map
amendment application is consistent with the intent and purpose of the UDO. Specifically, the
investigation must address the following criteria as required in Section 76-02-304, Montana Code
Annotated:
A. Consistency with the City’s growth policy
This property is now designated as both “Parks, Open Space and Recreational Lands” and “Public
Institutions” according to the Bozeman 2020 Community Plan Future Land Use Map; therefore, a
zoning designation of PLI (Public Lands and Institutions) would be in accordance with the
adopted growth policy. Any further development of the property will be evaluated for compliance
with the growth policy during the development review process.
B. Lessening of congestion in the streets
The East Gallatin Recreation Area is currently serviced by Manley Road. The old Landfill property
has vehicular trail access from within the East Gallatin Recreation Area and the trailhead off North
Rouse Avenue. The Greater Bozeman Area Transportation Plan 2001 Update designates Manley
Road as a collector street and this portion of North Rouse Avenue as a local street. Further
development has not been proposed as part of this application, thus, there will be no change in the
traffic generated from this property. However, as part of the terms of annexation, easements and
waivers may be required to allow for potential future road improvements; this will be addressed
through review of the annexation application. A traffic study is not warranted.
East Gallatin Recreation Area & old C.O.B. Landfill Zone Map Amendment Staff Report, #Z-07006
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C. Securing safety from fire, panic, and other dangers
The regulatory provisions established in all zoning districts, in conjunction with provisions for
adequate transportation facilities, will address any safety concerns on this property. Currently, no
safety concerns have been identified by the City of Bozeman. Any new structures and
development on the subject property would be required to meet the minimum zoning
requirements for setbacks, lot coverage, height limitations, etc.
D. Promotion of health and the general welfare
The subject property is in the process of requesting annexation to the City of Bozeman. Municipal
infrastructure extensions (i.e., water and sanitary sewer) and public services (i.e., police and fire
protection) will become available to the subject site if the City Commission grants the annexation
request. Connection to City water and sewer will be required upon further development and/or
once the landowner is instructed by the City of Bozeman. These connection requirements will be
found within in the annexation agreement. Generally, the standards of development and
accompanying development review processes or building permit applications will adequately
address the issues of health and general welfare for any zoning designation.
E. Provision of adequate light and air
The regulatory standards set forth in the Unified Development Ordinance for the PLI (Public
Lands and Institutions) zoning district will provide the necessary provisions (i.e., yard setbacks, lot
coverage, open space and building heights), which are intended to provide for adequate light and
air for any additional development on the subject properties.
F. Prevention of the overcrowding of land
The UDO list of permitted uses within the PLI zoning district will prevent the overcrowding of
land. Minimum yard setbacks, height requirements, maximum lot coverage, and required parking
are also limiting factors that help prevent the overcrowding of land.
G. Avoiding undue concentration of population
Compliance with the regulatory standards set forth in the Unified Development Ordinance and the
International Building Code will aid in providing adequately sized structures to avoid undue
concentration of population.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and
other public requirements
The Bozeman 2020 Community Plan identifies the annexation request as lying within the “2020
Boundary” and “Capital Facilities Overlay District” (Figure 6-2). The “Capital Facilities Overlay
District” is intended to establish a priority area for development within the larger scope of the
Bozeman 2020 Community Plan future land use plan. The Capital Facilities Overlay District
designates an area within the long-range growth area of the city where services would be most
efficiently provided in the near term and where development in the near term would advance the
goals of the 2020 Plan.
East Gallatin Recreation Area & old C.O.B. Landfill Zone Map Amendment Staff Report, #Z-07006
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An assessment of the impacts to infrastructure, public services, schools, parkland, and other
community requirements will be evaluated during further development of the property. Upon
future development of the property a water and sewer comprehensive design report and a storm
water drainage and grading plan will be required to ensure adequate infrastructure capacity and/or
define needed upgrades in order for further development. Although no correspondence was
received from the School District regarding capacity the school district is mandated by state law to
provide facilities to educate every child in the City. Residential development is not permitted in the
PLI zoning district.
I. Reasonable consideration to the character of the district
The character of this part of town is varied. Farmland and open space can be found along the
northern property boundary; Gallatin Park Subdivision, which includes a variety of light
manufacturing buildings, is located to the west; Manley Road and a variety of
warehousing/manufacturing uses are found to the south; and the East Gallatin River, Bridger
Creek Golf Course, and the Bridger Creek Subdivision are located to the east of the subject
property. The continued use of this property as a park will continue to be in harmony with the
character of the district and surrounding properties.
J. Conserving the value of buildings
Currently, restrooms, picnic facilities, recreational facilities (trails, volleyball courts, horseshoe pits,
beach), and associated parking areas are found on the property. The City of Bozeman Historic
Preservation officer finds these structures to have no historical significance. The proposed PLI
zoning would not negatively affect the value of adjacent lands.
K. Reasonable consideration to the peculiar suitability of the property for particular uses.
As previously noted, the 2020 Plan designates this property as both “Parks, Open Space and
Recreational Lands” and “Public Institutions.” Again, the PLI zoning district is in accordance with
these growth policy designations. Staff supports this zoning designation for the subject property.
L. Encouraging the most appropriate use of land throughout the municipality.
Again, the PLI zoning designation is appropriate for land with designations of “Parks, Open Space
and Recreational Lands” and “Public Institutions” in the growth policy and would allow
appropriate uses of the land and for the efficient use of the land without negatively impacting
existing land uses and development.
AGENCY REVIEW
The Planning Office has requested written summary-review comments from the Bozeman Development
Review Committee and other applicable review agencies regarding the request for a zone map amendment.
Comments received as of the writing of this staff report have been outlined above. Additional comments
and/or recommendations received after the date of this report will be forwarded to the governing body.
East Gallatin Recreation Area & old C.O.B. Landfill Zone Map Amendment Staff Report, #Z-07006
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PUBLIC COMMENT
No public comments have been received by the Planning Office as of the writing of this report. Any
comments received after the writing of the Staff Report will be distributed to Commissioners at the public
hearing.
STAFF RECOMMENDATION
Should the City Commission choose to accept the request for annexation and to establish any initial
municipal zoning designation, the Planning Office has recommended that the following standard ZMA
contingencies:
Recommended Contingencies for a Zone Map Amendment:
1) That the Ordinance of the Zone Map Amendment shall not be adopted until the Resolution of
Annexation is signed by the applicant and formally approved by the City Commission. If the
annexation is not approved, the application shall be null and void.
2) That the applicant submit a zone amendment map, titled “East Gallatin Recreation Area Zone
Map Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital
copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in
the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map
shall contain a metes and bounds legal description of the perimeter of the subject property and
zoning districts, and total acreage of the property.
3) That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor and map
of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially
amend the zone map.
SUMMARY & CONCLUSION
The Planning Office, Development Review Committee, and other local review agencies have reviewed the
requested Zone Map Amendment and have provided the above comments as they relate to the review
criteria and recommend approval with the above noted contingencies. The recommendation of the
Bozeman Zoning Commission will be forwarded to the Bozeman City Commission for consideration at its
public hearing on Monday, March 5th, 2007. The City Commission will make the final decision on the
application.
IN THE CASE OF PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF
25% OR MORE OF EITHER OF THE AREA OF THE LOTS INCLUDED IN THE
PROPOSED CHANGE; OR THOSE LOTS 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, SUCH AMENDMENT MAY NOT BECOME EFFECTIVE EXCEPT
UPON A FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
CC: Raymond F. Heagney, Montana Fish, Wildlife, & Parks, 1400 S. 19th Ave, Bozeman, MT 59718
Attachments: Aerial Photographs
Applicant Submittal Materials
East Gallatin Recreation Area & old C.O.B. Landfill Zone Map Amendment Staff Report, #Z-07006
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