HomeMy WebLinkAboutH4 Norton East Ranch ZMA
Report compiled on August 16, 2006
Commission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Norton East Ranch Zone Map Amendment Application #Z-06121
MEETING DATE: Monday, August 21, 2006
BACKGROUND: The applicant is proposing to amend the City of Bozeman Zone Map to
establish a mix of initial municipal zoning designations including: 20 acres of B-P (Business Park
District), 60 acres of R-O (Residential Office District), 100 acres of R-4 (Residential High Density
District), 40 acres of R-3 (Residential Medium Density District) and 20 acres of R-2 (Residential,
Two-Household Medium Density District) on approximately 241 acres of land located at 8553
Huffine Lane. At their July 18, 2006 public hearing the City of Bozeman Zoning Commission
voted 4 in favor and 0 against to recommend approval of this application.
UNRESOLVED ISSUES: None identified at this time.
RECOMMENDATION: The City Commission approves this application, based on the Zoning
Commission’s recommendation of approval, with the contingencies listed on Pages 2-3 of Zoning
Commission Resolution #Z-06121.
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, when
the property is developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Jody Sanford at jsanford@bozeman.net if you have any
questions prior to the public hearing.
Respectfully submitted,
_________________________________ _________________________________
Andrew Epple, Planning Director Chris Kukulski, City Manager
Attachments: Zoning Commission Resolution #Z-06121
Minutes of the Zoning Commission’s July 18, 2006 public hearing
Staff report and aerial photo
Public comment
Applicant’s submittal materials
Norton East Ranch ZMA
1
RESOLUTION #Z-06121
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 R-2 (RESIDENTIAL TWO-HOUSEHOLD, MEDIUM DENSITY DISTRICT), R-3
(RESIDENTIAL MEDIUM DENSITY DISTRICT), R-4 (RESIDENTIAL HIGH
DENSITY DISTRICT), R-O (RESIDENTIAL OFFICE DISTRICT) AND B-P
(BUSINESS PARK) ON 241 ACRES CONTINGENT UPON ANNEXATION OF SAID
PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND BEING THE
SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, THE
SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, THE EAST
ONE-HALF OF THE SOUTHWEST ONE-QUARTER AND THE WEST ONE-HALF
OF THE SOUTHEAST ONE-QUARTER OF SECTION 9, TOWNSHIP 2 SOUTH,
RANGE 5 EAST, P.M.M., 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, Freund-Spencer, 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 B-P (Business Park District), R-O (Residential
Office District), R-4 (Residential High Density District), R-3 (Residential Medium Density District)
and R-2 (Residential, Two-Household Medium Density District) for 241 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
Norton East Ranch ZMA
2
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on July 18,
2006, to formally receive and review all written and oral testimony on the proposed zoning map
amendment; and
WHEREAS, two members of the public spoke at the public hearing and expressed concern
about the impact the development of the subject property would have upon conservation easements
properties they own to the west of the subject property; 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 4-0, officially recommends to the Bozeman City Commission approval of zoning
application #Z-06121 to amend the Bozeman zoning map to establish an initial zoning designation
of B-P (Business Park District), R-O (Residential Office District), R-4 (Residential High Density
District), R-3 (Residential Medium Density District) and R-2 (Residential, Two-Household Medium
Density District) for 241 acres contingent upon annexation of said property which is described as a
tract of land being the southeast one-quarter of the northwest one-quarter, the southwest one-
quarter of the northeast one-quarter, the east one-half of the southwest one-quarter and the west
one-half of the southeast one-quarter of Section 9, Township 2 South, Range 5 East, P.M.M.,
Gallatin County, Montana, subject to the following contingencies:
1. The Zone Map Amendment exhibit will need to show a zoning designation for the
entire width of the US Highway 191/Huffine Lane right-of-way.
2. Zoning district boundaries shall be interpreted as following the nearest logical
boundary of one of the following: centerlines of streets, highways or alleys; platted
lot lines; City limits; midway between the main track for railroad lines; centerline of
streams, rivers, canals or ditches; or boundaries indicated as parallel to or extensions
of features indicated on the official zoning map. The zoning district boundaries, as
proposed, do not appear to follow any of these logical boundaries. Therefore, when
the zone map amendment is submitted, it shall be accompanied by an exhibit
showing what types of logical boundaries bound the zoning districts.
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.
4. The applicant shall submit a 24" x 36" mylar zone map titled "Norton East Ranch
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.
3
5. 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 , 2006, Resolution #Z-06121
_____________________________ ____________________________
Andrew Epple, Planning Director JP Pomnichowski, Chairperson
Dept. of Planning & Community Development City of Bozeman Zoning Commission
AGENDA
THE CITY OF BOZEMAN ZONING COMMISSION
COMMISSION MEETING ROOM,
CITY HALL, 411 EAST MAIN STREET
TUESDAY, JULY 18, 2006
7:00 P.M.
ITEM 1. CALL TO ORDER AND ATTENDANCE
Planning Board President JP Pomnichowski called the meeting to order at 7:00 p.m. and directed
the recording secretary to note attendance.
Zoning Commission Members Present Staff Members Present
JP Pomnichowski Andrew Epple, Director, Planning and Community
Nicholas Lieb Development
Nathan Minnick Chris Saunders, Assistant Director, Planning and
Peter Harned Development
Jody Sanford, Senior Planner
Kelly Marple, Recording Secretary
Visitors Present
Lyle Happel
Allan Lien
Tom Henesh
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Zoning Commission and not
scheduled on this agenda. Three-minute time limit per speaker.}
There was no public comment.
ITEM 3. MINUTES OF JULY 5TH , 2006
President JP Pomnichowski asked for any changes or additions to the minutes of July 5, 2006.
None were offered, the minutes will stand as written.
ITEM 4. PROJECT REVIEW
A. Zone Map Amendment Application, #Z-06121 – (Norton East Ranch). A Zone Map
Amendment requested by the owner , Norton Ranch Inc., and applicant, Freund-Spencer
LLC, represented by Thomas Henesh at Morrison Maierle Inc., to establish a Mixed Use
municipal zoning designation of R-2 (Residential Two-Household, Medium Density
District), R-4 (Residential High Density District), R-O (Residential Office District), and B-
P (Business Park District) to241 acres. The Legal Description of this property is SE1/4
NW1/4, SW1/4 NE1/4, E1/2 SW1/4, W1/2 SE1/4, T2S, R5E, Section 9, Gallatin County,
Montana and is located on the current West Border of the City of Bozeman on Northwest
side of Huffine Lane (Sanford).
Planner Jody Sanford went over some of the details of this project, described the zoning
surrounding the property, and listed some of the uses of the adjacent properties. Planner Sanford said
staff found that zoning complies, therefore staff is recommending approval with contingencies listed on
pages 8 and 9 of staff report. Planner Sanford stated that this project will include the annexation and if
property to the south is annexed to the city, then zoning will be adjusted. Contingency 2 is
recommending that logic is shown in how zoning is proposed. Staff received one public comment letter
which addresses zoning and questions the city commission’s ability to make educated decision regarding
zoning.
President JP Pomnichowski asked for questions for staff at this time. Nathan Minnick asked if
they will have to show how buffer is used, to which Planner Sanford answered that Applicant will be
required to supply an exhibit showing that the zoning makes sense. President JP Pomnichowski stated
that the 12 criteria are being met, but in regards to granting a zone map amendment, facilities sewer and
water, what is your opinion about extending that, will there be a greater cost to be borne by the city. Jody
Sanford replied that the sewage drainage zone does not exist, and the developer will have to develop it up
to the plant, expenses are to be borne by the developer, that issue is addressed in their terms of
annexation.
Tom Henesh with Morrison Maierle, Inc. stated that he appreciates working with engineering and
planning staff and in regards to wetlands, they are concerned with neighbors to west and north and want
to work with them and they will listen to neighbor’s concerns. Mr. Henesh added that they will be
meeting with neighbors to look at some concepts closer in detail. As far as the trunk main, Mr. Henesh
assured Ms. Pomnichowski that she was correct, it is in Cottonwood right now, and it is the Valley West
trunk main. Mr. Henesh added that they are out of that area and will be doing the trunk main to the north.
President and Chairwoman JP Pomnichowski OPENED THE MEETING FOR PUBLIC
COMMENT.
Lyle Happel, 4700 Gooch Hill Road North, Bozeman, Montana, 59718 stated that he owns one of
the conservation easements bordering the Norton East property. Mr. Happel handed out pictures of the
property to show how it currently borders the easements, as well as pictures showing the property
boundary of Laurel Glen. Mr. Happel stated that Laurel Glen is an example of where this has already
occurred, and something different should have been done, some kind of buffer between agriculture
easement land and conservation easement land. Mr. Happel stated that it should be some kind of buffer
strip to alleviate problems between residential, office building and agricultural land, and the buffer strip
should be a high consideration.
Al Lien, 8507 Huffine Lane stated that he is the other conservation easement on the same strip,
just a different corner facing the other way, and he concurs with Mr. Happel regarding finding better
alternatives.
Hearing no other comment, President JP Pomnichowski CLOSED THE PUBLIC COMMENT
PORTION OF THE MEETING.
President JP Pomnichowski returned discussion to the board.
Nicholas Lieb asked if a buffer zone had been considered. Jody Sanford stated that she had tacked
on an extra provision for a need to buffer the conservation easements to the west, and that it was hard to
do anything with zoning. She added that they could maybe have a strip of zoning for parks and even
though zoning wouldn’t show it as a park, it could be.
President JP Pomnichowski stated that in regards to the 12 criteria that must be met, she finds that
Applicant has met them, and she is encouraged to see that there is sensitivity to the conservation
easements. She stated as her main concerns the wetlands, the conservation easements to the west, and the
water and sewer extensions. Ms. Pomnichowski stated that she likes the treatment along Huffine Lane, it is
a nice transition from busy to mildly used homes. Nathan Minnick said that he feels the same, likes the
transition into the surrounding areas. Mr. Minnick added that showing logical boundaries will help the
commission decide on zoning, and he found that it looks good. Peter Harned asked staff as far as the
R&H is concerned, what is the density to which Planner Sanford answered that that part of Valley West is
not in place yet, she does not know the density, and there is no proposal for staff at this time.
MOTION: Nathan Minnick made motion to approve BP with staff-recommended contingencies.
Peter Harned seconded the motion. Motion passed unanimously 4-0.
B. Zone Code/Text Amendment Application, #Z-06152 – (Workforce Housing). A Text
Amendment Application to revise local development regulations to remove requirements
from Title 18 for restricted size lots and units and to create requirements in a new Title 16,
Housing for provision of workforce housing (Saunders).
Nathan Minnick asked how this would prevent overcrowding. President JP Pomnichowski said that
in terms of providing health and general welfare, a lot of these things will come when we see zoning
applications and can apply policy then, she added that she believes the policy does not meet the 12
criteria, but does not fail them either.
Nicholas Lieb asked if they were voting for some kind of change to the zoning, to which Chris
Saunders answered that the most direct impact on the zoning board is that if we remove restricted sized
lots, that existing language will be supplanted by housing language. Nicholas Lieb asked where RSL is
being seen currently, to which Chris Saunders pointed out Meadow Creek on South 19th, Flanders Creek,
and others, and stated that several are coming online in the next 3-4 months. Director Epple added that
there were probably around one hundred RSLs. Chris Saunders said that RSL provisions were from the
Bay Area, and were part of 12 major strategies in dealing with affordable housing.
NORTON EAST RACH ZONE MAP AMENDMENT
ZONING COMMISSION AND CITY COMMISSION STAFF REPORT FILE NO. Z-06121
Norton East Ranch Zone Map Amendment Staff Report, #Z-06121 1
Item: Zone Map Amendment Application #Z-06121 requesting to amend the City
of Bozeman Zone Map to establish a mix of initial municipal zoning
designations including: 20 acres of B-P (Business Park District), 60 acres of
R-O (Residential Office District), 100 acres of R-4 (Residential High
Density District), 40 acres of R-3 (Residential Medium Density District) and
20 acres of R-2 (Residential, Two-Household Medium Density District) on
approximately 241 acres of land located at 8553 Huffine Lane.
Owner: Norton Ranch Inc.
P.O. Box 1684
Lindale, TX 75771
Applicant: Freund-Spencer LLC
63020 NE Lower Meadow
Suite A
Bend, OR 97701
Representative: Morrison-Maierle, Inc.
901 Technology Blvd
Bozeman, MT 59771
Date/Time: Before the Bozeman Zoning Commission on Tuesday, July 18, 2006 at 7:00
p.m. in the City Commission Meeting Room, City Hall, 411 East Main
Street, Bozeman, Montana.
Before the Bozeman City Commission on Monday, August 21, 2006 at 6:00
p.m. in the Community Room, Gallatin County Courthouse, 311 West Main
Street, Bozeman, Montana.
Report By: Jody Sanford, Senior Planner
Recommendation: Approval of B-P, R-2, R-3, R-4 & R-O with contingencies
PROJECT LOCATION & MAP
The subject property is located on the north side of Huffine Lane at 8553 Huffine Lane, and is legally
described as a tract of land being the southeast one-quarter of the northwest one-quarter, the southwest
one-quarter of the northeast one-quarter, the east one-half of the southwest one-quarter and the west one-
half of the southeast one-quarter of Section 9, Township 2 South, Range 5 East, P.M.M., Gallatin County,
Montana. The property falls within the Gallatin County Bozeman Area Zoning District, and has a county
zoning designation of A-S (Agricultural Suburban District).
Please refer to the aerial photograph provided at the end of the staff report and to the following vicinity
map.
Norton East Ranch Zone Map Amendment Staff Report, #Z-06121 2
PROPOSAL AND BACKGROUND INFORMATION
The property owner, Norton Ranch Inc., and applicant, Freund-Spencer LLC, propose to annex the 241-
acre subject property to the corporate limits of the City of Bozeman and to establish a mix of initial
municipal zoning designations including: 20 acres of B-P (Business Park District), 60 acres of R-O
(Residential Office District), 100 acres of R-4 (Residential High Density District), 40 acres of R-3
(Residential Medium Density District) and 20 acres of R-2 (Residential, Two-Household Medium Density
District). The purpose of the annexation and zone map amendment request is to extend municipal water
and sanitary sewer infrastructure to the property and obtain public services (i.e., police and fire) in order to
develop at urban densities as outlined in the Bozeman 2020 Community Plan.
The subject property contains several existing buildings including a residence, and various outbuildings
such as barns and sheds. The property is crossed by several streams, ditches and stream/ditch
combinations. The property is currently used for agricultural uses and for a residence.
Please note that an application was recently approved to amend the growth policy land use designation on
the subject property from Future Urban to Business Park for approximately 20 acres and to Residential for
the remaining acreage.
ZONING DESIGNATION & LAND USES
As previously noted, the applicants propose a Zone Map Amendment to establish a mix of initial
municipal zoning designations including B-P, R-O, R-4, R-3 and R-2.
The intent of the B-P (Business Park District) is to provide for high quality settings and facilities for the
development of a variety of compatible employment opportunities. These areas should be developed so as
to recognize the impact on surrounding or adjacent development and contribute to the overall image of
the community. Compatibility with adjacent land uses and zoning is required.
The intent of the R-O (Residential-Office District) is to provide for and encourage the development of
multi-household and apartment development, and compatible professional offices and businesses, that
Norton East Ranch Zone Map Amendment Staff Report, #Z-06121 3
would blend well with adjacent land uses. The primary use of a lot, as measured by building area, permitted
in the R-O district is determined by the underlying growth policy land use designation. Where the district
lies over a Residential growth policy designation the primary use shall be non-office uses; where the district
lies over a non-residential designation the primary use shall be office and other non-residential uses.
Primary use shall be measured by percentage of building floor area.
The intent of the R-4 (Residential High Density District) is to provide for high-density residential
development through a variety of housing types within the City with associated service functions. This will
provide for a variety of compatible housing types to serve the varying needs of the community’s residents.
The net density, as defined in Chapter 18.80, BMC, for new developments shall be 8 dwellings per acre or
greater. Although some office use is permitted, it shall remain as a secondary use to residential
development. Secondary status shall be as measured by percentage of total building area.
The intent of the R-3 (Residential Medium Density District) is to provide for the development of one- to
five-household residential structures near service facilities within the City. It should provide for a variety of
housing types to serve the varied needs of households of different size, age and character, while reducing
the adverse effect of nonresidential uses.
The intent of the R-2 (Residential Two-household, Medium Density District) is to provide for one- and
two-household residential development at urban densities within the City in areas that present few or no
development constraints, and for community facilities to serve such development while respecting the
residential quality and nature of the area.
The following land uses and zoning are adjacent to the subject property:
North: Valley West development, currently used for agriculture; zoned R-2
Bronken Park; zoned PLI (Public Lands and Institutions District)
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.
South: Agricultural uses; zoned county A-S (Agricultural Suburban District)
East: Valley West Development, currently used for agriculture; zoned RMH (Residential Manufactured
Home Community District) and R-4
Vacant land; zoned B-P
The intent of the RMH (Residential Manufactured Home Community District) is to provide for
manufactured home community development and directly related complementary uses within the
City at a density and character compatible with adjacent development. The district is intended to
be residential in character and consistent with the standards for other forms of residential
development permitted by this title.
West: Residential and agricultural uses with a conservation easement; zoned county A-S (Agricultural
Suburban District)
Norton East Ranch Zone Map Amendment Staff Report, #Z-06121 4
GROWTH POLICY DESIGNATION
The area that is subject to this application was recently approved for land use designations, as shown on
the Future Land Use Map in the City’s growth policy, of Business Park on 20 acres and Residential on the
remaining acreage. These designations are described as follows:
Business Park. This classification provides for areas typified by office and light industrial uses.
Additional uses such as retail, services, or industrial, may be approved if they are compatible with,
and in support of, the underlying Business Park intent.
Residential. This category designates places where the primary activity is urban density living
quarters. Other uses which complement residences are also acceptable such as parks, low intensity
home based occupations, fire stations, churches, and schools. The residential designation also
indicates that it is expected that development will occur within municipal boundaries which may
require annexation prior to development. The dwelling unit density expected within this
classification varies. It is expected that areas of higher density housing would be likely to be
located in proximity to commercial centers to facilitate the broadest range of feasible
transportation options for the greatest number of individuals and support businesses within
commercial centers. Low density areas should have an average minimum density of six units per
net acre. Medium density areas should have an average minimum density of twelve units per net
acre. High density areas should have an average minimum density of eighteen units per net acre. A
variety of housing types should be blended to achieve the desired density with large areas of single
type housing being discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower density
than normally expected within this classification.
All residential housing should be arranged with consideration given to the existing character of
adjacent development, any natural constraints such as steep slopes, and in a fashion which
advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is
intended to provide the principal locations for additional housing within the Planning Area.
The following growth policy designations are adjacent to the subject property:
North: Valley West development, currently used for agriculture; designated Residential
Bronken Park; designated Parks, Open Space and Recreational Lands which is 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.
South: Agricultural uses; designated Future Urban which is described as follows:
Future Urban. This category designates areas where development is considered to be generally
inappropriate over the 20 year term of the Bozeman 2020 Community Plan, either because of
natural features, negative impacts on the desired development pattern, or significant difficulty in
providing urban services. The Residential category contains adequate area to accommodate over
200 percent of expected residential development over the 20 year horizon of the Bozeman 2020
Community Plan. Development within the Future Urban area would be generally disruptive to the
desired compact urban land use pattern depicted in the Plan. As Bozeman develops over time, it is
Norton East Ranch Zone Map Amendment Staff Report, #Z-06121 5
expected that the City would expand outward into areas previously designated as Future Urban. As
the City’s growth policy is updated from time to time, some areas currently classified as Future
Urban are expected to be reclassified to urban designations.
The land shown with a Future Urban designation is comprised of parcels in a variety of different
sizes, but typically in larger acreages. Suburban or rural density subdivisions adjacent to the City
may impede an orderly and cost effective expansion of the City. In order to prevent such conflicts
and problems in the future, use of land in the Future Urban land use designation should follow
one of three paths, which are listed in order of the City’s preference:
1. Remain as currently utilized, until annexed and municipal services are available to support
a Residential or other urban land use category development as described in this plan;
2. Develop at a density of a single dwelling per existing parcel, with consolidation of smaller
parcels into single ownerships for development being supported; or
3. If further subdivision is proposed, to develop at urban densities and standards with
provisions for connection to City services when they become available.
Annexation of most Future Urban areas is unlikely over the term of the Bozeman 2020
Community Plan and final authority to deny or approve development in County areas shown with
this designation remains with the County Commission. As Gallatin County completes its own
county-wide growth policy, additional and more detailed planning is expected within the County
zoning district surrounding the City. This more detailed level of planning is expected to help
identify areas that are preferred for, or inappropriate for, development and give guidance to the
County Commission in their review of individual development proposals.
East: Valley West Development, currently used for agriculture; designated Residential
Vacant land; designated Business Park
West: Residential and agricultural uses with a conservation easement; designated Future Urban
REVIEW CRITERIA & FINDINGS
According to Section 18.70.020 of the Unified Development Ordinance (UDO), the Bozeman Zoning
Commission shall cause to be made 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
As previously noted, this property is now designated as Residential and Business Park according to
the Bozeman 2020 Community Plan Future Land Use Map, and all of the zoning districts
proposed would be in accordance with the adopted growth policy. Subdivision design will be
evaluated for compliance with the growth policy during the subdivision review process. Specific
2020 goals include the following:
Norton East Ranch Zone Map Amendment Staff Report, #Z-06121 6
• Goal 4.9.1, Community Character – Support the blending of housing types, sizes,
and styles to encourage a wide variety of housing within each neighborhood in
order to encourage a mingling of social and economic classes.
A mix of housing types and sizes is easily achievable with a mix of four residential zoning
districts. Also, the restricted size lots/restricted size units, which was an implementation
strategy developed to address the City’s need for affordable housing and neighborhood
diversity, will need to be addressed in the subdivision.
• Goal 5.7.1, Housing – Promote an adequate supply of safe housing that is diverse
in type, density, and location, with a special emphasis on maintaining
neighborhood character and stability.
Again the mix of four different zoning districts will allow for a diverse blend of housing
types, density, and character.
B. Lessening of congestion in the streets
This site would be serviced by Huffine Lane which is designated as a major arterial in the Greater
Bozeman Area Transportation Plan 2001 Update. Local internal subdivision streets would service
individual lots once a subdivision is created. Increased traffic will certainly occur when additional
lots and residences are created; however, as part of the terms of annexation, easements and waivers
are required to help deal with increased use and to allow for potential road improvements. A traffic
study will be evaluated during subdivision review, and the DRC will identify the impacts to the
area’s transportation network system and determine any required mitigation measures.
C. Securing safety from fire, panic, and other dangers
The regulatory provisions established in all of the proposed zoning designations, in conjunction
with provisions for adequate transportation facilities, will address safety concerns with any further
subdivision and/or development of the property. Any 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.
D. Promotion of health and the general welfare
Annexation to the City of Bozeman is being sought for the subject property. Municipal
infrastructure extensions (i.e., water and sanitary sewer) and public services (i.e., police and fire
protection) will be available to the subject site if the City Commission grants the annexation
request. Connection to City water and sewer will generally eliminate the need for wells and on-site
septic systems. 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 UDO for all of the proposed zoning districts 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
property.
Norton East Ranch Zone Map Amendment Staff Report, #Z-06121 7
F. Prevention of the overcrowding of land
The UDO limits the number of people living in a household to a maximum of four unrelated
people (see definition of “household” in Section 18.80.1390). 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 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 an issue with any zoning
designation.
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 in the “2020
Boundary” but not the “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 designation of the Capital Facilities
Overlay District is not intended to prohibit development in areas that are not contained
within it. Instead, it 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.
An assessment of the impacts to infrastructure, public services, schools, parkland, and other
community requirements will be evaluated during further subdivision and development of the
property. Upon future subdivision of the property a water and sewer comprehensive design report,
a storm water drainage and grading plan, and a traffic impact analysis will be required to ensure
adequate infrastructure capacity and/or define needed upgrades in order to develop. 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. The residential
subdivision planned for the site will require the dedication of parkland adequate in size to serve the
new development.
I. Reasonable consideration to the character of the district
The character of this part of town is varied. The proposed mix of zoning designations should
blend well with the annexed properties to the north and east of the subject property. There is the
possibility of conflict between the zoning designations proposed for the southern-most part of the
property which due to the on-going agricultural uses to the south; the applicants are proposing the
most intense land uses in proximity to on-going agricultural uses. There is also a considerable
possibility of conflict between the uses proposed for the subject property and the adjacent
conservation easement properties to the west. The design of future development on the subject
property will be critical in ensuring that development of the subject property at urban densities is
compatible with adjacent uses to the south and west.
Norton East Ranch Zone Map Amendment Staff Report, #Z-06121 8
J. Conserving the value of buildings
The proposed zoning districts should not negatively affect the value of the existing buildings on-
site. It is anticipated that the existing buildings will eventually be removed to accommodate
development of the property.
K. Reasonable consideration to the peculiar suitability of the property for particular uses.
As previously noted, the 2020 Plan was recently amended to allow Residential and Business Park
development on the subject property. Staff supports the mix of residential zoning districts for the
property.
L. Encouraging the most appropriate use of land throughout the municipality.
Again, the mix of zoning proposed is appropriate for land with designations of Residential and
Business Park in the growth policy, and would allow an appropriate mix of urban land uses.
AGENCY REVIEW
The Planning Department has requested written summary-review comments from the Bozeman
Development Review Committee and other applicable review agencies regarding the request for
annexation. 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.
PUBLIC COMMENT
No public comments have been received by the Planning Department 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 Department recommends the following ZMA contingencies:
1. The Zone Map Amendment exhibit will need to show a zoning designation for the entire
width of the US Highway 191/Huffine Lane right-of-way.
2. Zoning district boundaries shall be interpreted as following the nearest logical boundary of
one of the following: centerlines of streets, highways or alleys; platted lot lines; City limits;
midway between the main track for railroad lines; centerline of streams, rivers, canals or
ditches; or boundaries indicated as parallel to or extensions of features indicated on the
official zoning map. The zoning district boundaries, as proposed, do not appear to follow
any of these logical boundaries. Therefore, when the zone map amendment is submitted, it
shall be accompanied by an exhibit showing what types of logical boundaries bound the
zoning districts.
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
Norton East Ranch Zone Map Amendment Staff Report, #Z-06121 9
the annexation is not approved, the zone map amendment application shall be null and
void.
4. The applicant shall submit a 24" x 36" mylar zone map titled "Norton East Ranch 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.
5. 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 Department, 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, August 21, 2006. 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.
Report sent to: Norton Ranch Inc., P.O. Box 1684, Lindale, TX 75771
Freund-Spencer LLC, 63020 NE Lower Meadow, Suite A, Bend, OR 97701
Morrison-Maierle, Inc., 901 Technology Blvd, Bozeman, MT 59771
Attachments: Zoning District summary table
Aerial photograph
Applicant submittal materials