HomeMy WebLinkAboutWilliams Industrial Park Zone Map Amendment No. Z-10037.pdf Report Complied On April 27, 2010
REPORT TO: Honorable Mayor & City Commission
FROM: Brian Krueger, Associate Planner
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: Williams Industrial Park Zone Map Amendment #Z-10037
MEETING DATE: May 3, 2010
AGENDA MEETING ITEM: Action
RECOMMENDATION: That the City Commission adopts the findings presented in the staff report and
approves an initial municipal zoning designation of M-2 (Manufacturing Industrial District) for the property
subject to the contingencies outlined in the staff report.
BACKGROUND: The applicant Powder River, LLC proposed to amend the City of Bozeman Zoning Map to
establish an initial municipal zoning designation of M-2 (Manufacturing Industrial District) for 4.25 acres being
concurrently reviewed for annexation to the Bozeman City limits (#A-10001). The property is generally located
northeast of the intersection of North 7th Avenue and Griffin Drive and is accessed by Maus Lane and Lea
Avenue. The request for an initial zoning designation of M-2 was considered by the Zoning Commission at an
April 20, 2010 public hearing. At that time, the Zoning Commission voted 3-0 to recommend approval of the
zone map amendment for M-2 zoning.
UNRESOLVED ISSUES: None determined at this time.
FISCAL EFFECTS: Annexing the property and establishing new municipal zoning will enable a
subdivision application and/or development review applications for site development to construct
structures to support industrial uses within city limits. This would increase tax values and corresponding
revenue from the property. New industrial space within the City will support manufacturing and
industrial businesses and the associated employment to support those uses. The City will accrue
additional costs to service the property with municipal service.
Commission Memorandum
138
Report Complied On April 27, 2010
ALTERNATIVES: 1) Approve the zone map amendment as recommended above by Staff and the
Zoning Commission.
2) Deny the zone amendment request.
· The applicant could then submit another zone map amendment
application for another zoning district consistent with the “Industrial”
land use designation, such as the M-1 “Light Manufacturing District”
Attachments: Staff Report
Zoning Commission Meeting Minutes dated April 20, 2010
Zoning Commission Resolution #Z-10037
Application materials
139
Williams Industrial Park ZMA Staff Report #Z-10037 1
WILLIAMS INDUSTRIAL PARK ZONE MAP AMENDMENT FILE NO. Z-10037
BOZEMAN ZONING COMMISSION STAFF REPORT
Item: Zoning Application No. Z-10037 – An application to amend the City of
Bozeman Zone Map establish an initial municipal zoning designation on
approximately .4.25± acres of land of “M-2”, (Manufacturing and
Industrial District), on property legally described as Tract 20 of the Gordon
Mandeville State School Subdivision, Gallatin County, Montana
Applicant/Owner: Powder River Co., LLC
1000 Abigail Ranch Road
Bozeman, MT 59715
Date/Time: Before the Bozeman Zoning Commission on Tuesday, April 20, 2010 at 7:00
PM in the Commission Meeting Room, City Hall, 121 North Rouse Avenue
Bozeman, Montana and before the Bozeman City Commission on Monday,
May 3, 2010 at 6:00 PM in the Commission Meeting Room, City Hall, 121
North Rouse Avenue Bozeman, Montana
Report By: Brian Krueger, Associate Planner
Recommendation: Approval of “M-2” with Contingencies
----------------------------------------------------------------------------------------------------------------------------
Location/Description:
The property is know as 133 Maus Lane and is legally described as: Tract 20 of the Gordon
Mandeville State School Subdivision, City of Bozeman, Gallatin County, Montana. The property
under consideration is approximately 4.25± acres in size, excluding the adjacent right of way to be
zoned. Please refer to the vicinity map on the following page.
140
Williams Industrial Park ZMA Staff Report #Z-10037 2
RECOMMENDED CONTINGENCIES
Based upon review and consideration by the Development Review Committee and Planning Staff, and
after evaluation of the proposed zoning against the criteria set forth in 18.70.020 of the Unified
Development Ordinance and Section 76-2-304 Montana Codes Annotated, the Planning Staff
recommends approval of the requested Zone Map Amendment.
Staff recommends approval of a municipal zoning designation of “M-2” (Manufacturing and Industrial
District), contingent on the following terms and contengencies:
1. That the Ordinance of the Zone Map Amendment designation 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 “Williams Industrial Park 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
containing a metes and bounds legal description of the perimeter of the subject property, total acreage
of the property and adjoining rights-of-way and/or street access easements.
3. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description and map of the area to be rezoned, which will be
utilized in the preparation of the Ordinance to officially amend the zone map.
141
Williams Industrial Park ZMA Staff Report #Z-10037 3
Proposal:
The landowner has made application to the Bozeman Planning Office for a Zone Map Amendment to
amend the City of Bozeman Zone Map and establish municipal zoning designation on approximately
4.25 acres of M-2.
The subject property is not currently located within the corporate limits of the City of Bozeman and is
being processed with a concurrent annexation application. The intent of the “M-2” manufacturing
industrial district is to provide for heavy manufacturing and industrial uses, servicing vocational and
employment needs of Bozeman residents.
Land Classification and Zoning:
The subject property is the current location of the Williams Plumbing Civil Division storage yard and
offices. There are four structures on site including multiple utility easements and a gas facility.
The following land uses and zoning are adjacent to the subject property:
North: Light Industrial Uses “M-1” (Light Manufacturing District).
South: Light Industrial Uses “M-2” (Manufacturing and Industrial District).
East: Burlington Northern Railroad right-of-way zoned “M-2”
West: Light Industrial Uses, zoned “M-1”
REVIEW CRITERIA:
The Bozeman Planning Office has reviewed the application for a Zone Map Amendment against the
Bozeman Community Plan, the City of Bozeman Zoning Ordinance, and the twelve (12) criteria
established in Section 76-2-304, Montana Codes Annotated, and as a result offer the following
summary-review comments for consideration by the Zoning Commission and City Commission.
1. Is the new zoning designed in accordance with the comprehensive plan?
Yes. The Future Land Use Map of the Bozeman Community Plan designates the property to
develop as “Industrial.” This classification provides areas for the uses which support an urban
environment such as manufacturing, warehousing, and transportation hubs. Development
within these areas is intensive and is connected to significant transportation corridors. In order
to protect the economic base and necessary services represented by industrial uses, uses which
would be detrimentally impacted by industrial activities are discouraged. Although use in these
areas is intensive, these areas are part of the larger community and shall meet basic standards
for landscaping and other site design issues and be integrated with the larger community. In
some circumstances, uses other than those typically considered industrial have been historically
present in areas which were given an industrial designation in this growth policy. Careful
consideration must be given to public policies to allow these mixed uses to coexist in harmony.
142
Williams Industrial Park ZMA Staff Report #Z-10037 4
The “M-2” (Manufacturing Industrial District) zoning designation would implement the
Industrial land use designation. The site is located directly on a heavy industrial transportation
corridor in the Burlington Northern rail system. The property is also in close proximity to the
North 7th Avenue arterial roadway system and the Interstate 90 state highway. This area is
wholly surrounded by Industrial use property zoned both M-1 and M-2. The site is buffered
from views by topography and the railway line.
2. Is the new zoning designed to lessen congestion in the streets?
Yes. The subject property is bordered on one side by Maus Lane/Lea Avenue. These streets
are classified as local streets and provide two ways to access this property. Griffin Drive and
North 7th Avenue, both minor arterial streets provide capacity to and from the site. Increased
traffic will certainly occur when businesses are developed on this site; however, as part of the
terms of any future site plan or commercial subdivision for this site, street improvements
including paving, curb/gutter, sidewalk and storm drainage facilities, would be required.. A
traffic study will also be required upon further development, and the DRC will evaluate the
impacts to the area’s transportation network system and make recommendations regarding
mitigation measures.
3. Will the new zoning secure safety from fire, panic and other dangers?
Yes. The regulatory provisions established in all of the proposed zoning designations, in
conjunction with provisions for adequate transportation facilities, properly designed water
mains and fire service lines and adequate emergency exits/escapes, will address safety concerns
with any further subdivision and/or development of the property. All new structures and
development on the subject property would be required to meet the minimum zoning
requirements for setbacks, lot coverage, height limitations and lot sizes to ensure the health,
safety and general welfare of the community. Per Chapter 18.02 of the UDO, the City of
Bozeman’s has the authority and power to ask for more than the minimum standards if it
ensures the best service to the public interest.
4. Will the new zoning promote health and general welfare?
Yes. The regulatory provisions established through the City’s municipal code under Title 18,
Unified Development Ordinance, BMC, will adequately address the issues of health and
general welfare. Further development of the subject property requires review and approval by
the Montana Department of Health and Environmental Sciences, City Engineer's Office and
Director of Public Service.
The property, upon further development, would be required to come into conformance with all
requirement of the zoning ordinance. Regulations regarding building setbacks,
nonconformance of the existing structures on site, and outdoor storage and screening would be
addressed at that time.
Additional development issues related to municipal infrastructure (i.e., water and sanitary
sewer) and public services (i.e., police and fire protection) will be addressed with subdivision
and/or site plan review. Water and sewer infrastructure are in the vicinity and available to the
site.
143
Williams Industrial Park ZMA Staff Report #Z-10037 5
5. Will the new zoning provide adequate light and air?
Yes. The regulatory standards set forth in the City of Bozeman Zoning Ordinance for the
requested “M-2” Manufacturing Industrial zoning district provides 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 proposed development on the subject property.
6. Will the new zoning prevent the overcrowding of land?
Yes. The minimum yard setbacks established in the “M-2” district, as well as the limitations of
lot coverage for principal and accessory structures and off-street parking facilities would
maintain the desired percent of buildable area. Minimum yard setbacks, height requirements,
maximum lot coverage and required parking are also limiting factors that help prevent the
overcrowding of land. Such regulatory standards should prevent the overcrowding of land, and
maintain compatibility with the character of the surrounding area.
7. Will the new zoning avoid the undue concentration of population?
Yes. Future development of the subject property as re-zoned under this proposal may result in
a density increase beyond what currently exists if residential units are included in any future
commercial proposals as allowed by the zoning ordinance. However, compliance with the
regulatory standards set forth in the UDO and the International Building Code will aid in
providing adequately sized dwelling units to avoid undue concentration of population.
According to the census information for the City of Bozeman the average household size has
been declining from 5.74 in 1930 to 2.48 in 2000. This historical trend is likely to continue and
would indicate that the undue concentration of the population is not a significant issue with any
zoning designation.
8. Will the new zoning facilitate the adequate provisions of transportation, water, sewer,
schools, parks, fire, police and other public requirements?
Yes. Further assessment of the impacts to infrastructure, public services, schools, park land,
and other community requirements will be evaluated during preliminary subdivision plat and/or
site plan review. Said impacts identified with development of the property will be mitigated
with recommended conditions of approval by the DRC. with a determination made by the
governing body on adequate provisions.
The DRC has determined that municipal infrastructure is located in the area and may be
extended to the property by the landowner/developer for further development of the site.
Emergency services are currently serving this area, and municipal police and fire are within
adequate response time of the site. The Planning Board and City Commission will have the
opportunity to further evaluate the development of the property during the above-described
review procedures.
9. Does the new zoning give consideration to the peculiar suitability of the property for
particular uses?
Yes. The proposed zoning gives reasonable consideration to the character of the district by
matching the existing uses already in place in the vicinity. As noted, the site’s proximity
144
Williams Industrial Park ZMA Staff Report #Z-10037 6
directly adjacent to the Burlington Northern right of way lends itself to industrial uses,
especially if a railroad spur were sought in the future to access the property. Additionally, the
topography and existing buildings surrounding the property provide a high level of screening of
the property. No residential uses are located within the vicinity. Any future development
within the proposed “M-2” district must provide proper setbacks from property lines and
comply with all other standards. Thus, the proposed zoning appears to give reasonable
consideration to the peculiar suitability of the property as it relates to properties and
development in the vicinity.
10. Does the new zoning give reasonable consideration to the character of the district?
Yes. The most important factor in determining the suitability of the proposed zoning
designation is the potential for compatibility with existing, adjacent land uses. As envisioned
by the Bozeman Community Plan this area is to continue to develop as Industrial. The
proposed zoning gives reasonable consideration to the character of the district by matching the
existing uses already in place in the vicinity. As noted, the site’s proximity directly adjacent to
the Burlington Northern right of way lends itself to industrial uses, especially if a railroad spur
were sought in the future to access the property. Additionally, the topography and existing
buildings surrounding the property provide a high level of screening of the property. No
residential uses are located within the vicinity. Any future development within the proposed
“M-2” district must provide proper setbacks from property lines and comply with all other
standards. Thus, the proposed zoning appears to give reasonable consideration to the peculiar
suitability of the property as it relates to properties and development in the vicinity.
11. Was the new zoning adopted with a view of conserving value of buildings?
Yes. The proposed district is compatible with other adjacent zoning designations in the area in
that the general land use pattern is Industrial uses. The transportation network serving the area
is adequate, as well as the availability of municipal water and sanitary sewer. This reduces the
possibility of negative impacts to adjacent owners and encourages the conservation of building
values in the area.
12. Will the new zoning encourage the most appropriate use of the land through such county
and municipal area?
Yes, The M-2 zoning designation of this proposal is supportive of the overall intent of the
growth policy in regards to Industrial areas. Designating the property as “M-2” Manufacturing
Industrial District will allow it to develop more intensively within the municipality boundaries
and will help to ensure that an acceptable level of Industrial areas is achieved for the City as a
whole.
Focusing industrial activities into mutually reinforcing centralized areas enables each business
to take advantage of the presence of customers and employees of other businesses. It enables
greater convenience for people with shorter travel distances to a wide range of businesses and
limits commercial and heavy truck circulation through the city. A central location enables
greater access to employment and services with a reduced dependence on the local streets,
greater efficiencies in delivery of public services, and corresponding cost savings in both
personal and commercial applications.
145
Williams Industrial Park ZMA Staff Report #Z-10037 7
PUBLIC COMMENT
As of the writing of this staff report, the City of Bozeman Department of Planning and Community
Development has not received any public testimony on the matter. Any additional written comments
received by the Planning Office will be forwarded to the Zoning Commission and City Commission
during the public hearings.
SUMMARY & CONCLUSION
The Department of Planning and Community Development, Development Review Committee, and
other applicable review agencies have reviewed the proposed Zone Map Amendment application and
have provided summary review comments as outlined above in the staff report; and as a result,
recommend approval of the application to establish an “M-2” Manufacturing Industrial District
municipal zoning designation on approximately 4.25± acres of land.
The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City
Commission for consideration at its public hearing scheduled for Monday, May 3, 2010. The City
Commission will make the final decision on the application.
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 20% OR MORE OF THE LOTS IMMEDIATELY ADJACENT TO OR
WITHIN 150 FEET FROM THE STREET FRONTAGE, THE AMENDMENT SHALL NOT
BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE
PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
REPORT SENT TO
Jason Leep 1811 W. Dickerson #17 Bozeman, MT 59715
Powder River Co., LLC 1000 Abigail Ranch Road Bozeman, MT 59715
ATTACHMENTS
ZMA Application & Map
Applicant’s response to ZMA criteria
146
147
148
149
Williams Industrial Park ZMA
1
RESOLUTION #Z-10037
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP TO ESTABLISH AN INITIAL ZONING DESIGNATION
OF M-2 (MANUFACTURING INDUSTRIAL DISTRICT) ON 4.25 ACRES
CONTINGENT UPON ANNEXATION OF SAID PROPERTY WHICH IS
DESCRIBED AS TRACT 20 OF THE GORDON MANDEVILLE STATE SCHOOL
SUBDIVISION, GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a
public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a
public hearing and submit a report to the City Commission for all zoning map amendment requests;
and
WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of
the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 18.70 of the Bozeman Unified Development Ordinance sets forth the
procedures and review criteria for zoning map amendments; and
WHEREAS, the Powder River Co, LLC applied for a zoning map amendment, pursuant to
Chapter 18.70 of the Bozeman Unified Development Ordinance, to amend the Bozeman zoning
map to establish an initial zoning designation of M-2 (Manufacturing and Industrial) for 4.25 acres;
WHEREAS, the proposed zoning map amendment request has been properly submitted,
reviewed and advertised in accordance with the procedures set forth in Chapter 18.70 of the
Bozeman Unified Development Ordinance and Title 76, Chapter 2, Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on April 20,
2010, to formally receive and review all written and oral testimony on the proposed zoning map
amendment; and
WHEREAS, no members of the public spoke at the public hearing; and
WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning map
amendment generally complies with the twelve criteria for consideration established in Chapter
18.70 of the Bozeman Unified Development Ordinance; and
151
2
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning Commission,
on a vote of 3-0, officially recommends to the Bozeman City Commission approval of zoning
application #Z-10037 to amend the Bozeman zoning map to establish an initial zoning designation
of M-2 (Manufacturing Industrial District) on 4.25 acres contingent upon annexation of said
property which is described as Tract 20 of the Gordon Mandeville State School Subdivision, Gallatin
County, Montana subject to the following contingencies:
1. The applicant shall submit a 24” x 36” mylar zone map titled “Williams Industrial Park Zone
Map Amendment;” 8½-inch x 11-inch, or 8½-inch x 14-inch paper exhibit; and a digital
copy of the area to be zoned, 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, total
acreage of the property and each zoning district, and adjoining rights-of-way and/or street
access easements.
2. 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.
3. The ordinance for 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 zone map amendment application shall be null and void.
DATED THIS DAY OF , 2010, Resolution #Z-10037
_____________________________ ____________________________
Chris Saunders, Interim Planning Director Nathan Minnick, Chairperson
Dept. of Planning & Community Development City of Bozeman Zoning Commission
152
153
154
155
156
157
158
159
160
161
162
163
164
165