HomeMy WebLinkAboutNorthWestern Energy Zone Map Amendment No. Z-10157.pdf
Report compiled on August 27, 2010
REPORT TO: Honorable Mayor & City Commission
FROM: Doug Riley, Associate Planner
Tim McHarg, Planning Director
Chris Kukulski, City Manager
SUBJECT: NorthWestern Energy Zone Map Amendment #Z-10157
MEETING DATE: September 13, 2010
AGENDA MEETING ITEM: Action
RECOMMENDATION: That the City Commission adopts the findings presented in the staff report
and, as recommended by the City of Bozeman Zoning Commission, approves a change of zoning
designation from R-S (Residential Suburban District) to M-1 (Light Manufacturing District) for the
property subject to the contingencies listed in Zoning Commission Resolution #Z-10157.
BACKGROUND: NorthWestern Energy has made application to the Planning Department for a Zone
Map Amendment to change the zoning designation on approximately 7.713 acres from R-S (Residential
Suburban) to M-1 (Light Manufacturing). The landowner and the Planning Department believe the
current R-S zoning was a long ago mapping or zoning error and the correct zoning designation for the
property is M-1 which will match the zoning to the immediate west. In addition, considering the existing
use of the property is an electrical substation, (which are classified as Type II Essential Services), the
requested zoning classifies the electrical substation as a principal permitted use (versus a conditional use
in the current R-S zoning district). The requested change in zoning is also in compliance with the
adopted Growth Policy - Future Land Use Map designation of Industrial.
Staff has recommended approval of this request as noted in the REVIEW CRITERIA section beginning
on page 3 of the attached staff report. The request for the change in zoning was considered by the
Zoning Commission at their August 17, 2010 public hearing. The Zoning Commission voted 3-0 to
recommend approval of the zone map amendment for M-1 zoning as noted in attached Resolution #Z-
10157 and the minutes from said meeting.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Approve the zone map amendment as recommended above by the Zoning
Commission and Staff.
2) Deny the zone map amendment request.
Commission Memorandum
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Report compiled on August 27, 2010
· The applicant could then submit another zone map amendment
application for a different zoning district consistent with the
“Industrial” land use designation, such as the M-2 “Heavy
Manufacturing District”.
FISCAL EFFECTS: As an existing electrical substation, the change of zoning will not have any direct
fiscal impacts to the City. The new zoning does enhance the legitimacy of the existing land use on the
property and would allow it to continue within the City to ensure that an acceptable level of service is
provided to the City populations the substation serves.
Attachments: Zoning Commission Resolution #Z-10157
Zoning Commission Minutes of August 17, 2010
Staff Report
2007 Aerial Photograph
Growth Policy – Adopted Future Land Use Map
Applicant’s Submittal Materials
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NorthWestern Energy ZMA
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RESOLUTION #Z-10157
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP FOR THE ZONING CLASSIFICATION OF
APPROXIMATELY 7.713 ACRES FROM R-S (RESIDENTIAL SUBURBAN) TO M-1
(LIGHT MANUFACTURING) FOR PROPERTY LOCATED ON THE NORTH SIDE OF
I-90 JUST EAST OF L STREET OFF BOHART LANE WHICH IS LEGALLY
DESCRIBED AS A TRACT IN THE N/W ¼, S/W ¼, SHORT PLAT FILED IN FILM 4,
PAGE 968A, SEC. 5, T2S, R6E, CITY OF BOZEMAN, 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, NorthWestern Corp,, dba NorthWestern Energy, 40 East Broadway, Butte,
MT, applied for a zoning map amendment, pursuant to Chapter 18.70 of the Bozeman Unified
Development Ordinance, to amend the zoning designation on approximately 7.713 acres from
R-S (Residential Suburban District) to M-1 (Light Manufacturing District); and
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 August
17, 2010, to formally receive and review all written and oral testimony on the proposed zoning
map amendment; and
NorthWestern Energy ZMA
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WHEREAS, no members of the public spoke at the public hearing on the proposed Zone
Map Amendment; 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
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning Commission, on a
vote of 3 in favor and 0 against, officially recommends to the Bozeman City Commission
approval of zoning application #Z-10157 to amend the City of Bozeman Zone Map for the
zoning classification on approximately 7.713 acres from R-S (Residential Suburban District) to
M-1 (Light Manufacturing District) for property located on the north side of I-90 just east of L
Street off Bohart Lane which is legally described as a tract in the N/W ¼, S/W ¼, short plat filed
in Film 4, Page 968A, Sec. 5, T2S, R6E, CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA, subject to the following contingencies:
1. That the applicant submit a zone amendment map, titled “Northwestern Energy - East
Gallatin Substation - 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 district, and
total acreage of the property.
2. 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.
DATED THIS DAY OF , 2010, Resolution #Z-10157
_____________________________ ____________________________
Doug Riley, Associate Planner Chairperson Pro Tem Nathan Minnick
Dept. of Planning & Community Development City of Bozeman Zoning Commission
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Northwestern Energy – East Gallatin Substation - ZMA Staff Report #Z-10157
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NORTHWESTERN ENERGY ZONE MAP AMENDMENT FILE NO. Z-10157
BOZEMAN ZONING COMMISSION/CITY COMMISSION STAFF REPORT
Item: Zoning Application No. Z-10157 – An application to amend the City of
Bozeman Zone Map to change the zoning designation from R-S (Residential
Suburban) to M-1 (Light Manufacturing) on approximately 7.713 acres
located at 130 Bohart Lane.
Applicant/Owner: Northwestern Corp. dba Northwestern Energy
40 East Broadway
Butte, MT 59701
Representative: Rona Sanchez – Northwestern Energy
40 East Broadway
Butte, MT 59701
Date/Time: Before the Bozeman Zoning Commission on Tuesday, August 17, 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, September 13, 2010 at 6:00 PM in the Commission Meeting Room,
City Hall, 121 North Rouse Avenue, Bozeman, Montana
Report By: Doug Riley, Associate Planner
Recommendation: Approval of “M-1” zoning with contingencies
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Location/Description:
This is the site of the existing Northwestern Energy Substation on the north side of I-90 just east of L
Street off Bohart Lane. The property is legally described as: Tract in NWSW, short plat filed in Film 4,
Page 968A, Sec. 5, T2S, R6E, City of Bozeman, Gallatin County, Montana. The property under
consideration is approximately 7.713 acres in size, excluding the adjacent right of way to be zoned.
The property is located within the I-90/Frontage Road Class I Entryway Corridor. Please refer to the
vicinity map on the following page and the aerial photo attached at the end of this report.
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Northwestern Energy – East Gallatin Substation - ZMA Staff Report #Z-10157
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RECOMMENDED CONTINGENCIES
Based upon review and consideration by the Development Review Committee (DRC) and Planning
Staff, and after evaluation of the proposed zoning against the criteria set forth in Section 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 change in municipal zoning designation from R-S (Residential
Suburban) to M-1 (Light Manufacturing), contingent on the following terms and contingencies:
1. That the applicant submit a zone amendment map, titled “Northwestern Energy - East Gallatin
Substation - 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 district, and total acreage of the property.
2. 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.
Proposal:
The landowner has made application to the Bozeman Planning Office for a Zone Map Amendment to
change the zoning designation on approximately 7.713 acres from R-S (Residential Suburban) to M-1
(Light Manufacturing). The landowner and the Department of Planning and Community Development
believe the current R-S zoning was a long ago mapping or zoning error and the correct zoning
designation for the property is M-1 which will match the zoning to the immediate west. In addition,
considering the existing use of the property is an electrical substation, (which are classified as Type II
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Northwestern Energy – East Gallatin Substation - ZMA Staff Report #Z-10157
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Essential Services), the requested zoning classifies the electrical substation as a principle permitted use
(versus a conditional use in the current R-S zoning district). The requested change in zoning is also in
compliance with the adopted Growth Policy - Future Land Use Map designation of Industrial.
(Section 18.20.010.A of the BMC) The intent of the “M-1” light manufacturing district is to provide
for the community’s needs for wholesale, trade, storage and warehousing, trucking and transportation
terminals, light manufacturing and similar activities. The district should be oriented to major
transportation facilities yet arranged to minimize adverse effects on residential development,
therefore, some type of screening may be necessary.
Land Classification and Zoning:
The subject property is currently utilized as an electrical substation.
The following land uses and zoning are adjacent to the subject property:
North: Vacant: Zoned: “R-MH (Residential Manufactured Home Community District).
South: Bohart Lane and I-90: Across I-90 - Zoned M-2 (Heavy Manufacturing and Industrial
District).
East: Vacant/Pasture: Zoned R-MH (Residential Manufactured Home Community District).
West: Vacant: Zoned: M-1 (Light Manufacturing District).
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.” The Plan indicates that “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.”
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Northwestern Energy – East Gallatin Substation - ZMA Staff Report #Z-10157
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The proposed M-1 (Light Manufacturing) zoning district designation would implement the
Future Land Use Map designation of “Industrial”.
In addition, as pointed out in the applicant’s materials, Section H.4 of the City’s Growth Policy
states that, “many services within the City are provided by private utility providers instead of by
the City, including: electric power (underlining added), natural gas, cable television, phone
services and wireless communications. It is important that the City work closely with these
various service providers to ensure the citizens’ utility needs are adequately provided in the
future…” The rezoning of this property to the correct Industrial zoning designation supports the
continued viability of this electrical substation in an area of the City that has been encouraged
for industrial land uses and is currently well distanced from any adjacent residential
development.
2. Is the new zoning designed to lessen congestion in the streets?
Yes/Neutral. The subject property is currently accessed from Bohart Lane and the change of
zoning will not affect the street or access locations. The established use of the property,
regardless of the zoning designation, does not generate significant traffic that impacts area
streets.
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
infrastructure and adequate emergency exits/escapes, will address safety concerns with the
current or any additional development on the property. Any future/additional 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 has the authority and
power to ask for more than the minimum standards if it ensures 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.
The property, upon any further development, would be required to comply with all applicable
requirements of the BMC including a Certificate of Appropriateness as the property is located
within the I-90 Entryway Corridor.
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-1 (Light Industrial) zoning district provides the necessary provisions (i.e., yard
setbacks, watercourse setbacks, lot coverage, structure heights, etc), which are intended to
provide for adequate light and air for any proposed development on the subject property.
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Northwestern Energy – East Gallatin Substation - ZMA Staff Report #Z-10157
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6. Will the new zoning prevent the overcrowding of land?
Yes. The minimum yard setbacks established in the M-1 district, as well as the limitations of
lot coverage for principal and accessory structures, and other requirements of the M-1 zoning
and other requirements of the BMC, would maintain the desired percent of buildable area.
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. By the very nature of the M-1 zoning district and permitted land uses, not to mention the
existing use of the property, it is highly unlikely there would be any residential development
proposed for this property in the future that would contribute to an undue concentration of
population.
8. Will the new zoning facilitate the adequate provisions of transportation, water, sewer,
schools, parks, fire, police and other public requirements?
Yes. The DRC has determined that adequate municipal infrastructure is located in the area to
serve the existing land use and proposed zoning. Emergency services are currently serving this
area and municipal police and fire are within adequate response time of the site.
Further assessment of the impacts to infrastructure, public services and other community
requirements would be evaluated during any future applications for further development of the
site. 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 reviewing
body on adequate provisions.
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 “industrial” type use on the property to what has been determined
through the Comprehensive Planning (i.e. adopted Growth Policy) process to be the appropriate
land use designation for this property. In addition, as noted on the enclosed aerial photograph,
the surrounding properties are largely vacant.
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 property is to develop or be maintained as “Industrial”
which matches the proposed zoning and existing land use. In addition, the surrounding/adjacent
lands are primarily vacant.
11. Was the new zoning adopted with a view of conserving value of buildings?
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Northwestern Energy – East Gallatin Substation - ZMA Staff Report #Z-10157
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Yes. The proposed district is compatible with the envisioned land uses (Industrial) for the
property as determined by the Growth Policy. The new zoning also enhances the legitimacy of
the existing land use (electrical substation) on the property.
12. Will the new zoning encourage the most appropriate use of the land through such county
and municipal area?
Yes, The M-1 zoning proposal is supportive of the overall intent of the growth policy in regards
to Industrial areas. Zoning the property as M-1 will allow it to continue within the municipality
boundaries and will help to ensure that an acceptable level of service is provided to the City
and County populations the substation serves.
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 written comments received by
the Planning Office following completion of the respective review packets 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 change the zoning designation from R-S (Residential
Suburban) to “M-1” (Light Manufacturing) on approximately 7.713 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, September 13th, 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
Northwestern Energy, Attn: Rona Sanchez, 40 E. Broadway, Butte, MT 59710
ATTACHMENTS
2007 Aerial Photo
Growth Policy – Adopted Future Land Use Map
Applicant’s submittal materials
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