HomeMy WebLinkAboutBozeman Public School District Zone Map Amendment for 8th Elementary School, Z-12055
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Tim McHarg, Planning Director
SUBJECT: 8th Elementary School Zone Map Amendment #Z-12055
MEETING DATE: June 4, 2012
AGENDA ITEM TYPE: Action (Legislative)
RECOMMENDATION: The City Commission adopts the provided staff findings and approves
the zone map amendment, with the 4 recommended contingencies listed on Page 2 of the Staff
Report, and directs staff to prepare an ordinance for the map amendment.
RECOMMENDED MOTION: Based upon the analysis and findings in the Staff Report
and after consideration of public comment, I move to approve the zone map amendment
request for PLI (Public Lands and Institutions District), with the 4 recommended
contingencies listed on Page 2 of the Staff Report, and direct staff to prepare an ordinance
for the map amendment.
BACKGROUND: The property owner, Vesta Fern Anderson, Baxter Ranch Holding, Ltd and
applicant, Bozeman Public School District, represented by TD & H Engineering, has made
application to the City for a Zone Map Amendment to establish an initial municipal zoning
designation of PLI (Public Lands and Institutions District) on approximately 42.93 acres. The
subject property is not currently located within the corporate limits of the City of Bozeman and
this ZMA is being processed in conjunction with annexation request #A-12002. The subject
property is located on the north side of Durston Road, between Cottonwood Road and Flanders
Mill Road.
The intent of the PLI 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 applicant’s indicated intent for the property is the construction of an 8th elementary school
and possible future middle school.
The underlying Bozeman Community Plan land use designation for the currently vacant property
is “Residential” in which schools and the PLI District are considered a complimentary land use
and zoning district designation. On May 2, 2012 the Development Review Committee (DRC)
recommended approval of the application and their recommended contingencies are included in
the attached staff report.
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The Zoning Commission held a public hearing on the proposed Zone Map Amendment at their
May 15, 2012 meeting to formally receive and review the application and all written and oral
testimony on the proposal. There was no public comment at the hearing. The Zoning
Commission voted to recommend approval of the requested PLI zoning designation. The Zoning
Commission discussion can be found in the attached minutes from their meeting, as well as the
attached Zoning Commission Resolution.
UNRESOLVED ISSUES: None identified at this time.
ALTERNATIVES: 1) Approve the zone map amendment as recommended above by
Staff, the DRC and Zoning Commission.
2) Consider a zoning designation different than what
has been requested by the applicant and continue the item for a
minimum of one week to allow the applicant to consider their
options and whether to protest the possible action (as required
under 38.37.030.D.2, BMC).
3) Deny the requested Zone Map Amendment application.
FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will
enable future development of the property with City infrastructure and public services (police,
fire, streets, etc.). Phasing of improvements to serve the property with necessary infrastructure
are addressed under the preceding annexation application (#A-12002)
Attachments: Staff Report, Applicant’s submittal materials, Zoning Commission Resolution #Z-
12055, Zoning Commission Meeting Minutes 5-15-12
Report compiled on: May 24, 2012
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8th Elementary School ZMA Staff Report #Z-12055 Page 1 of 8
8th ELEMENTARY SCHOOL ZONE MAP AMENDMENT
FILE # Z-12055
CITY COMMISSION AND ZONING COMMISSION STAFF REPORT
Item: Zoning Application #Z-12055 – An application to amend the City of Bozeman Zone Map to
establish a municipal zoning designation of PLI (Public Lands and Institutions District) on
approximately 42.93 acres.
Owner: Vesta Fern Anderson, Baxter Ranch Holding, Ltd., P.O. Box 3253, Billings, MT 59103-3253
Applicant: Bozeman Public School District, Kevin Barre, Director of Facilities, 404 W. Main Street,
Bozeman, MT 59715
Representative: TD & H Engineering, 108 W. Babcock Street, Bozeman, MT 59715
Date/Time: Before the Bozeman Zoning Commission on Tuesday, May 15, 2012 at 6:00 PM in the
Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana; and before the
Bozeman City Commission on Monday, June 4, 2012 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 PLI with contingencies
LOCATION
The subject property is located on the north side of Durston Road, between Cottonwood Road and
Flanders Mill Road. The approximately 42.93 acres is legally described as Future COS, Part of Tr. 2,
COS 2554, in SW ¼, Sec. 3, T2S, R5E, PMM, Gallatin County, Montana. Please refer to the vicinity
map below.
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8th Elementary School ZMA Staff Report #Z-12055 Page 2 of 8
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 38.37.020 of the Unified
Development Code and Section 76-2-304 Montana Codes Annotated, the Planning Staff recommends
approval of the requested Zone Map Amendment with the following contingencies:
1. That all documents and exhibits necessary to establish an initial municipal zoning designation
shall be identified as the “8th
Elementary School Zone Map Amendment”.
2. That the Ordinance for the Zone Map Amendment shall not be approved until the Annexation
Agreement is signed by the applicant and formally approved by the City Commission. If the
annexation agreement is not approved, the Zone Map Amendment application shall be null and
void.
3. That the applicant submit a zone amendment map, titled “8th Elementary School 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.
4. 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 property owner and applicant have made application to the Bozeman Department of Planning and
Community Development for a Zone Map Amendment to establish an initial municipal zoning
designation of PLI (Public Lands and Institutions District) on approximately 42.93 acres. The subject
property is not currently located within the corporate limits of the City of Bozeman and this ZMA is
being processed with a concurrent annexation application.
The intent of the PLI 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 applicant’s indicated intent for the property is the construction of an 8th elementary school and
possible future middle school.
On May 2, 2012 the Development Review Committee (DRC) recommended approval of the
application with the recommended contingencies included above.
LAND CLASSIFICATION AND ZONING
The property is currently vacant and used for agricultural purposes. The following existing land uses
and zoning are adjacent to the subject property:
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8th Elementary School ZMA Staff Report #Z-12055 Page 3 of 8
North: Vacant/Agricultural; Unannexed County Land – Designated “Residential” on the City of
Bozeman Future Land Use Map
South: (Across Durston Road) Residential/Condos and Vacant/Platted Residential Lots; Zoned
R-3 (Residential Medium Density District) and R-4 (Residential High Density District)
East: (Across Flanders Mill Road); Church, Residential and Vacant/Agricultural; Zoned R-2
(Residential Two Household Medium Density District), Unannexed County Land – Designated
“Residential” on the City of Bozeman Future Land Use Map and R-3
West: (Across Cottonwood Road) – Residential; Zoned R-3
Existing Zoning and Future Land Use Maps
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8th Elementary School ZMA Staff Report #Z-12055 Page 4 of 8
REVIEW CRITERIA
The establishment of a zoning district is a legislative act to set policy relating to future development
proposals. The Bozeman Planning Office has reviewed the application for a Zone Map Amendment
against the Bozeman Community Plan, the City of Bozeman Unified Development Code (UDC), and
the thirteen (13) 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 and City Commission.
A. Be in accordance with a growth policy.
Yes. The subject property is recognized as “Residential” on Figure 3-1 Future Land Use Map of the
Bozeman Community Plan as noted on the above map. The Residential land use designation of the
Bozeman Community Plan indicates that:
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8th Elementary School ZMA Staff Report #Z-12055 Page 5 of 8
“This category designates places where the primary activity is urban density dwellings. Other uses
which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools
. High density residential areas should be established
in close proximity to commercial centers to facilitate the provision of services and employment
opportunities to persons without requiring the use of an automobile. Implementation of this category
by residential zoning should provide for and coordinate intensive residential uses in proximity to
commercial centers. The residential designation indicates that it is expected that development will
occur within municipal boundaries, which may require annexation prior to development…The
residential designation is intended to provide the primary locations for additional housing within the
planning area.”
Table C-16 “Zoning Correlation with Land Use Categories” of the Bozeman Community Plan (as
shown below), also indicates that the PLI District is appropriately located within the “Residential”
Future Land Use Designation.
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8th Elementary School ZMA Staff Report #Z-12055 Page 6 of 8
B. The effect on motorized and non-motorized transportation systems.
Yes. This property has frontage on Durston Road (a designated arterial street in the “Greater Bozeman
Area Transportation Plan), Cottonwood Road (a designated arterial street) and Flanders Mill Road (a
designated local street). It is also anticipated that Annie Street (a designated local street) will also be
constructed in the future along the northern boundary of this property. The improvement of these roads
and nearby pedestrian systems in order to accommodate the projected school impacts will be
coordinated with the annexation and future development of the school(s) on the subject property. The
provision of services findings required for annexation of the property will address the plan and timing
for the improvement of transportation systems to serve the property.
Section 38.07.010.C of the Unified Development Code states: “Placement of any given zoning district
on an area depicted on the zoning map indicates a judgment on the part of the city that the range of
uses allowed within that district are generally acceptable in that location. It is not a guarantee of
approval for any given use prior to the completion of the appropriate review procedure and
compliance with all of the applicable requirements and development standards of this chapter and
other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure
availability or a commitment on the part of the city to bear the cost of extending services”.
C. Secure safety from fire, panic, and other dangers.
Yes. The regulatory provisions established in all of the zoning designations, in conjunction with
provisions for adequate transportation facilities, properly designed water mains and fire service lines
and adequate emergency exits/escapes, typically address safety concerns with future development of a
property. The School District has been in consultation with the City on a number of infrastructure and
emergency services matters in regards to future school construction on the site. The provision of
services findings required for annexation of the property will address the plan and timing for the
improvement of infrastructure and emergency services to secure safety from fire, panic and other
dangers.
It must be noted that, as a Public Agency, under State Statute (76-2-402) the School District may
propose public agency exemptions to specific code standards as part of the school development plan.
D. Promote public health, public safety, and general welfare.
Yes. The regulatory provisions established through the City’s municipal code under Chapter 38,
Unified Development Code (UDC), typically adequately address the issues of health and general
welfare. The School District has been in consultation with the City on a number of infrastructure and
development matters in regards to future school construction on the site. The provision of services
findings required for annexation of the property will address the plan and timing for the improvement
of infrastructure and issues related to public health, safety and general welfare.
It must be noted that, as a Public Agency, under State Statute (76-2-402) the School District may
propose public agency exemptions to specific code standards as part of the school development plan.
E. Reasonable provision of adequate light and air.
Yes. The large size of this property and the typical “campus” type development associated with
schools, with significant open space and recreational areas for its students, should provide for the
reasonable provision of adequate light and air.
F. Prevention of overcrowding of land.
Yes. Typically school construction and associated open space amenities, such as athletic fields, should
prevent the overcrowding of land and maintain compatibility with the character of the surrounding
area. The provision of services findings required for annexation of the property will also address the
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8th Elementary School ZMA Staff Report #Z-12055 Page 7 of 8
plan and timing for the improvement of infrastructure and issues related to assuring that adequate
infrastructure capacity and public services are provided to the property to serve the proposed use(s)
which also balance any potential overcrowding or overdevelopment of land.
G. Avoiding undue concentration of population.
Yes. As a non-residential zoning/project an undue concentration of housing/population is not an issue.
In addition, the large acreage of this property should allow a development design that will avoid any
undue concentration of persons.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and
other public requirements.
Yes. The provision of services findings required for annexation of the property will address the plan
and timing for the improvement of infrastructure and issues related to determining that adequate
infrastructure and public services are available to the property to serve the proposed use(s).
For this application, the DRC has determined that municipal infrastructure is located in proximity to
the subject property and could be extended into the property by the landowner/developer for
development of the site. Emergency services are currently serving this area, and municipal police and
fire are within adequate response times of the site.
I. Conserving the value of buildings.
Neutral. The property is currently vacant. The adjacent properties are primarily a mix of newer
residential buildings and vacant properties.
J. Character of the district.
Yes. The most important factor in determining the suitability of a proposed zoning designation is the
potential for compatibility with existing adjacent land uses. Due to the large nature of this property
and the separation (via adjacent roadways) from adjacent uses, it is envisioned that any future PLI use
will be compatible with adjacent land uses.
K. Peculiar suitability for particular uses.
Yes. The large nature of this property (40 plus acres) should make it suitable for the proposed PLI
use(s). Development impacts and coordination with existing infrastructure (e.g. streets, sewer, water,
etc.) available to this property will be evaluated as part of annexation and future development of the
property.
L. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The School District, through their planning and evaluation process, have determined that this
location is well suited for their next elementary and a potential future middle school in order to serve
their growing student enrollment. The placement of PLI zoning will allow the school as a “Principal
Use” in the PLI District.
M. Promotion of Compatible Urban Growth.
Yes. The Bozeman Community Plan and Future Land Use Map provides the guiding ideas and
principles for the physical development of the City. Development consistent with these ideas and
principles are more likely to be compatible with adjacent development both within and outside of the
City limits. As previously noted, the requested PLI zoning (and future schools) is compatible with the
underlying “Residential” Future Land Use Map designation as a “compliment” to the City’s designated
residential areas.
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8th Elementary School ZMA Staff Report #Z-12055 Page 8 of 8
PUBLIC COMMENT
As of the writing of this report, no public comment has been received regarding this zone map
amendment request.
SUMMARY & CONCLUSION
The Department of Planning and Community Development and the Development Review Committee,
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
with contingencies.
The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City
Commission for consideration at its public hearing scheduled for Monday, June 4, 2012. 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
Vesta Fern Anderson, Baxter Ranch Holding, Ltd., P.O. Box 3253, Billings, MT 59103-3253
Bozeman Public School District, Kevin Barre, Director of Facilities, 404 W. Main Street, Bozeman,
MT 59715
TD & H Engineering, 108 W. Babcock Street, Bozeman, MT 59715
ATTACHMENTS
Applicant’s submittal materials
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8th Elemenary School ZMA
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RESOLUTION #Z-12055
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
PLI (PUBLIC LANDS AND INSTITUTIONS DISTRICT) ON 42.93+- ACRES OF
PROPERTY WHICH IS DESCRIBED AS FUTURE COS, PART OF TR. 2, COS 2554, IN
SW ¼, SEC. 3, T2S, R5E, PMM, 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 38, Article 37 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, Vesta Fern Anderson, Baxter Ranch Holding, Ltd, and applicant, Bozeman
Public School District, through their representative TD & H Engineering, applied for a zoning
map amendment, pursuant to Chapter 38, Article 37 of the Bozeman Unified Development Code,
to amend the Bozeman zoning map to establish an initial zoning designation of PLI (Public
Lands and Institutions District) for 42.93+- acres; and
WHEREAS, the proposed zoning map amendment request has been properly submitted,
reviewed and advertised in accordance with the procedures set forth in Chapter 38, Article 37 of
the Bozeman Unified Development Code and Title 76, Chapter 2, Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on May 15,
2012, to formally receive and review all written and oral testimony on the proposed zoning map
amendment; and
WHEREAS, no public comment was received and no public comment was expressed at
the public hearing; and
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WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning
map amendment generally complies with the thirteen criteria for consideration established in
Chapter 38, Article 37 of the Bozeman Unified Development Code;
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning
Commission, on a 2-0 vote, officially recommends to the Bozeman City Commission approval of
zoning application #Z-12055 to amend the Bozeman zoning map to establish an initial zoning
designation of PLI (Public Lands and Institutions District) on 42.93+- acres contingent upon
annexation of said property which is described as Future COS, Part of Tr. 2, COS 2554, in SW
¼, Sec. 3, T2S, R5E, PMM, Gallatin County, Montana.
DATED THIS DAY OF , 2012, Resolution #Z-12055
_____________________________ ____________________________
Doug Riley, Associate Planner Ed Sypinski, Chairperson
Dept. of Planning & Community Development City of Bozeman Zoning Commission
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