HomeMy WebLinkAboutI2 WWTP ZMA r� Commission Memorandum
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REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: WWTP ZMA, #Z-06173
MEETING DATE: Monday, August 28, 2006
BACKGROUND: Two property owners, the City of Bozeman and NorthWestern Energy,
have requested annexation for several tracts totaling 196 acres. The property is located at 255
Moss Bridge Road. The area includes the wastewater treatment plant, electrical substation, and
adjacent rights-of-way. The right-of-way also includes property owned by Montana Rail Link.
The property is adjacent to the City of Bozeman and the necessary application and materials
have been provided.
The Zoning Commission considered this zone map amendment and recommended unanimously
in favor of approval.
UNRESOLVED ISSUES: None
RECOMMENDATION: The City Commission approve the ZMA and direct preparation of an
implementing ordinance.
FISCAL EFFECTS: Fiscal impacts from the zone map amendment are minimal.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please contact Chris Saunders at csaunders(u?bozeman.net or 582-2260 if you have
questions on this item.
Respe fully submitted,
Andrew Epple, Planning rector Chris Kukulski, City Manager
Attachments: Staff Report
Zoning Commission minutes and Resolution
Application Materials
Report compiled on August 16, 2006
STAFF REPORT
WWTP ANNEXATION ZMA FILE NO. #Z-06173
Item: Zone Map Amendment Application #Z-06173. A request for initial
zoning of PLI and M-2 on approximately 196 acres of property located
at 255 Moss Bridge Road.
Owners: City of Bozeman, PO Box 1230, Bozeman,MT 59771
Northwestern Energy, PO Box 490, Bozeman MT 59771-0490
Washington Corporation, PO Box 16630,Missoula,MT 59808
Applicants: City of Bozeman, PO Box 1230, Bozeman,MT 59771
Northwestern Energy, PO Box 490, Bozeman MT 59771-0490
Date: Bozeman Zoning Commission, on Tuesday, August 1, 2006, in the
Commission Room, City Hall, 411 E. Main Street, and Bozeman City
Commission on Monday, August 21, 2006, 6 pm., in the Community
Room, Gallatin County Courthouse, 311 West Main Street.
Report By: Chris Saunders, Assistant Director
Recommendation: Conditional Approval
PROTECT LOCATION
The subject property is legally described A tract of land being Tract A 1-A(1) of COS NO. 473C, Tract Al-
A(2) of COS NO. 473Q Tract A 2 of COS NO. 473A, Tract A-1-B of COS NO. 473B, Tract B of COS
NO. 473, Film 4 of Plats, Page 672 all located in the north 1/2 of Section 26, Township 1 South, Range 5
East, P.M.M. Gallatin County, Montana, EXCEPT Tract 1 of COS NO. 1510. Said tract contains 150.54
acres, more or less, subject to all easements of Road or apparent on ground. Tract 1 of C.O.S. 1015 situated
in the SW 1/ NE '/a, Section 26, and Film 22 of Plats Page 1876 situated in the NE 1/z NE 1/a NE '/a SW 1/
Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County Montana. Said tract contains 1.20
acres, more or less. Those portions of Montana Rail Link Railroad and Montana Department of
Transportation rights-of-way within the N 1/z, Section. 26, and the E 1/ E 1/z E 1/2 NE 1/ Section 27,
Township 1 South, Range 5 East, P.M.M. Gallatin County Montana. Said portions of rights-of-way being
generally 660 feet wide having the Montana Rail Link Railroad right-of-way occupying the northeasterly 400
feet and Montana Department of Transportation right-of-way occupying the southeasterly portion
remaining. Said lands comprising 41.67 acres, more or less. Gallatin County rights-of-way for Nelson Road
and Moss Bridge Road adjoining C.O.S. No 473D, Gallatin County, Montana. Said lands comprising 2.68
acres, more or less. Total area is 196.09 acres. The property is currently in the Gallatin County/ Bozeman
Area Zoning District. Please refer to the following vicinity map.
#Z-06173 WWTP Annexation ZMA Staff Report 1
S4 bJect
Property
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RECOMMENDED CONDITIONS OF APPROVAL
Based upon the Development Review Committee's consideration, and after evaluation of the
proposed zoning, staff finds that the designation of "PLI" and "M-2" is appropriate for the subject
property and meet the state law requirements for zone map amendments as set forth in Section 76-
2-304 Montana Codes Annotated with the following contingencies:
CONTINGENCIES FOA ZONE MAP AMENDMENT
1. That the Ordinance of the Zone Map Amendment shall not be adopted until the Resolution of
Annexation is signed by the applicant and formally approved by the City Commission. If the
annexation is not approved,the application shall be null and void.
2. That the applicant submit a zone amendment map, titled ".VAVTP Zone Map Amendment", on a
24" by 36" mylar, 8 1/2" by 11", or 8 1/2" 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, total
acreage of the property and any unannexed 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 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.
IN THE CASE OF PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF
25%1 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.
#Z-06173 WWTP Annexation ZMA Staff Report 2
PROPOSAL
The proposed Zone Map Amendment is being reviewed concurrently with the Annexation application.
This application will go before the City Commission for a public hearing on Monday, August 21, 2006. The
applicant's submittal is attached as Exhibit A.
The applicant is requesting an extension of the Bozeman City limits to include the previously described
parcels of land that are currently used for railroad,electrical distribution and wastewater treatment purposes.
The applicant has submitted the zone neap amendment application to be reviewed concurrently with the
annexation. The zone map amendment seeks to establish an initial City of Bozeman Zone Map designation
of "PLI" (Public Land and Institutions District) on approximately 154 acres, and a designation of "M-2"
(Manufacturing and Industrial District) on approximately 42 acres, contingent upon annexation. The intent
of the districts is to provide for public and industrial uses. Based on the findings and conclusions presented
herein,Staff recommends approval of the requested zoning districts.
ADJACENT LAND USES &ZONING
The subject property is currently zoned Agricultural Suburban in the Gallatin County/ Bozeman Area
Zoning District.
North: Gallatin County/ Bozeman Area Zoning District, Agricultural Suburban, open space and
agriculture,East Gallatin River.
South: Gallatin County/ Bozeman Area Zoning District, Agricultural Suburban, agriculture and
Residential Suburban, housing and retail nursery.
East: Gallatin County/ Bozeman Area Zoning District, Agricultural Suburban, open space
West: Gallatin County/ Bozeman Area Zoning District, Agricultural Suburban, agriculture
REVIEW CRITERIA
Planning staff has evaluated the proposed amendment with respect to the required criteria set forth in
Section 76-2-304,MCA. A summary of staff's evaluation follows in the discussion below. The application's
response to the twelve criteria is provided in attached Exhibit A.
L Is the new zoning designed in accordance with the growth policy?
Yes. The property being considered for rezoning is planned for public or future urban uses. The
requested zoning districts implement the land use designation which is on this property. The zoning
facilitates provision of adequate public services.
Goal 6.6.1, Objective 1. The landuse map and attendant policies shall be the official guide for
the development of the City and shall be implemented through zoning regulations, capital
improvements, subdivision regulations, coordination with other governmental entities, and other
implementation strategies.
#Z-06173 WWTP Annexation ZMA Staff Report 3
2. Is the new zoning designed to lessen congestion in the streets?
Neutral. The property has been utilized for public and industrial uses for many years. The annexation
will not result in additional demand for transportation or changes in use. The long range transportation
plans for the City and surrounding area anticipate this area developing and describe needed expansions
of the street system to accommodate the additional traffic. The change in zoning is therefore expected
to be neutral in effect.
3. Will the new zoning promote health and general welfare?
Yes. The standards of development, and accompanying development review processes established
through the City's Title 18, Unified Development Ordinance,BMC, will adequately address the issues of
health and general welfare.
4. Will the new zoning secure safety from fire,panic and other dangers?
Yes. With annexation,city water services and fire protection will be available which will ensure sufficient
fire fighting capacity. The professional firefighting services of the City will be able to provide a faster
response to emergency needs than the current volunteer coverage which the property now has.
5. Will the new zoning provide adequate light and air?
Yes. Building setbacks have been established to allow for adequate light and air. The City's zoning
standards have been found to provide for adequate light and air, especially in conjunction with the
construction standards of the International Building Code. The use of the property is not intended to
change after entrance in to the City. The proposed zoning simply memorializes the existing uses.
6. Will the new zoning prevent overcrowding of land?
Yes. The City Commission has determined that the standards of the PLI and M-2 districts and park land
requirements are sufficient to prevent overcrowding.
7. Will the new zoning avoid the undue concentration of population?
Yes. The PLI and M-2 districts are subject to the development standards of Title 18, Unified
Development Ordinance, Bozeman Municipal Code, such as minimum parking, landscaping, and height
of building limitations. Density is controlled through minimum area per dwelling requirements, lot
coverage, building height, parking requirements, and other standards that act as a check on density of
development. The new zoning is primarily non-residential in nature.
8. Will the new zoning facilitate the adequate provisions of transportation, water, sewer, schools,
parks, fire, police, and other public requirements?
Neutral. Services currently exist or can be provided as needed to the area being annexed and rezoned.
Taxes and fees will be paid according to the standards established by ordinance for all users within the
City. Currently water and sewer mains are being developed adjacent to or in close proximity to the
property and will be available for connection after annexation.
#Z-06173 WWTP Annexation ZMA Staff Report 4
9. Does the new zoning give reasonable consideration to the character of the district)
Yes. The proposed zoning gives reasonable consideration to the character of the district by matching the
existing uses already on the property. Changes in use are not anticipated. Some of the area being
annexed was developed substantially prior to other adjacent development.
10. Does the new zoning give reasonable consideration to the peculiar suitability of the district for
particular uses?
Yes. The physical location is well suited to public and industrial uses due to its historic public and
industrial uses.
11. Was the new zoning adopted with a view of conserving the value of buildings?
Yes. The proposed districts are compatible with other adjacent zoning designations and uses expected
within those zoning designations.
12. Does the new zoning encourage the most appropriate use of land throughout the municipality?
Yes. The proposed zoning reflects the existing long term uses of the property. The growth policy is the
means by which land use patterns are evaluated and locations for appropriate uses assigned in a broad
fashion. As discussed in several other criteria in this report, the proposed zoning is in compliance with
the adopted growth policy and the adopted land use development pattern contained within it. There are
few physical constraints to the development of this parcel. The growth policy guidance respecting
physical limitations on development are therefore not applicable. Such restrictions as do exist will be
adequately addressed through the development standards of the UDO. Therefore, this proposed zoning
does encourage the most appropriate use of land in the municipality.
PUBLIC COMMENT
No public comment has been received as of this writing. Any written comment will be forwarded at the
hearing.
Conclusion
Pursuant to Section 76-2-304 Montana Codes Annotated, the Zoning Corzuriission shall review the Zone
Map amendment application to determine if the proposed zoning change meets the requirements of the
Adopted Growth Policy, state statute, and other adopted state and local ordinances. The Zoning
Commission shall act to recommend approval or denial of the Zone Map Amendment application. The
recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City Commission
for consideration at its public hearing on August 21", 2006. The City Commission will make the final
decision on the application.
Attachments: Applicant's Submittal ZMA Application
Report Sent To: Brian Heaston, City of Bozeman,PO Box 1230,Bozeman,MT 59771
#Z-06173 WWTP Annexation ZMA Staff Report 5
Randy Sullivan,Northwestern Energy,PO Box 490,Bozeman MT 59771-0490
Joe Gentri,Washington Corporation,PO Box 16630,Missoula,MT 59808
#Z-06173 WWTP Annexation ZMA Staff Report 6
WWTP ZMA
RESOLUTION NO. Z-0673
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP ON APPROXIMATELY 196 ACRES, LOCATED IN
SECTIONS 26 AND 27, TOWNSHIP 1S, RANGE 5 E, PMM, GALLATIN COUNTY TO
ESTABLISH AN INITIAL MUNICIPAL ZONING DESIGNATION OF "PLI" (PUBLIC
LANDS AND INSTITUTIONS DISTRICT) ON 154 ACRES AND "M-2"
(MANUFACTURING AND INDUSTRIAL DISTRICT) ON 42 ACRES.
---------------------------------------------------------------------------------------------------------------------
WHEREAS, the City of Bozeman has adopted a growth policy pursuant to 76-1-604,
MCA; and
WHEREAS, the Bozeman City Zoning Commission has been created by Ordinance 1604
and Resolution No. 3312 of the City of Bozeman, pursuant to Title 76-2-307, MCA; and
WHEREAS, the City of Bozeman and Northwestern Energy applied for a Zone Map
Amendment, pursuant to Chapter 18.70 of the Bozeman Unified Development Ordinance to
amend the City of Bozeman zoning map on approximately 1.54± acres to establish an initial
municipal zoning designation of "PLI" (Public Lands and Institutions District) and "M-2"
(Manufacturing and Industrial District) on property described as tracts of land being Tract A-1-
A(1) of COS NO. 473C, Tract Al-A(2) of COS NO. 473C, Tract A-2 of COS NO. 473A, Tract
A-1-B of COS NO. 473B, Tract B of COS NO. 473, Film 4 of Plats, Page 672 all located in the
north 1/2 of Section 26, Township 1 South, .Range 5 East, P.M.M. Gallatin County, Montana,
EXCEPT Tract 1 of COS NO. 1510. Said tract contains 150.54 acres, more or less, subject to all
easements of Road or apparent on ground; Tract 1 of C.O.S. 1015 situated in the SW '/4 NE '/4,
Section 26, and Film 22 of Plats Page 1876 situated in the NE % NE '/4 NE '/4 S W '/4 Section 26,
Township 1 South, Range 5 East, P.M.M., Gallatin County Montana. Said tract contains 1.20
acres, more or less; Those portions of Montana Rail Link Railroad and Montana Department of
Transportation rights-of-way within the N ''/z, Section 26, and the E '/z E '/z E %z NE '/4 Section 27,
Township 1 South, Range 5 East, P.M.M. Gallatin County Montana. Said portions of rights-of-
way being generally 660 feet wide having the Montana Rail Link Railroad right-of-way
occupying the northeasterly 400 feet and Montana Department of Transportation right-of-way
occupying the southeasterly portion remaining. Said lands comprising 41.67 acres, more or less.;
Gallatin County rights-of-way for Nelson Road and Moss Bridge Road adjoining C.O.S. No
473D, Gallatin County, Montana. Said lands comprising 2.68 acres, more or less; and located in
Sections 26 and 27, Township 1S, Range 5 E, PMM, Gallatin County ; and
WHEREAS, the proposed Zone Map Amendment 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
WHEREAS, the City of Bozeman. Zoning Commission held a public hearing on Tuesday,
August 1 ,2006 to receive and review all written and oral testimony on the request for a Zone
Map Amendment; and
WHEREAS, no members of the general public spoke in opposition to the requested zone
map amendment; and
WHEREAS, the City of Bozeman Zoning Commission finds that the request for a zone
map amendment generally complies with the twelve (12) criteria established in
Section 76-2-304, MCA; and
WHEREAS, the City of Bozeman Zoning Commission finds that the request for a zone
map amendment is consistent with the intent and purpose of Chapter 1.8.70 "Zoning Map
Amendments" of the City of Bozeman Unified Development Ordinance; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Zoning
Commission, on a vote of 4-0, recommends to the Bozeman City Commission for a Zone Map
Amendment to establish an initial designation of"PLI" (Public Lands and Institutions District)
and "M-2" (Manufacturing and Industrial District) on property located in Sections 26 and 27,
Township 2S, Range 5 E, PMM, Gallatin County, and as described above, be approved with the
following contingencies:
1. That the Ordinance of the Zone Map Amendment shall not be adopted until the
Resolution of Annexation is signed by the applicant and formally approved by the City
Commission. If the annexation is not approved, the application shall be null and void.
2. That the applicant submit a zone amendment map, titled "WWTP Zone Map
Amendment", on a 24" by 36" mylar, 8 '/2" by 11", or 8 ''/z" 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, total acreage of the property
and any unannexed adjoining rights-of-way and/or street access easements.
3. That the Ordinance for the Zone Map Amendment shall not be dratted 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.
DATED THIS I' DAY OF AUGUST 2006 Resolution No. Z-06173
Andrew C. Epple, Director JP Pomnichowski, Chairperson
City of Bozeman Department of City of Bozeman Zoning Commission
Planning and Community Development
MINUTES
JOINT MEETING WITH THE BOZEMAN CITY COMMISSION,
ZONING COMMISSION,
AND PLANNING BOARD
COMMISSION MEETING ROOM,
CITY HALL, 411 EAST MAIN STREET
TUESDAY, AUGUST 1, 2006
7:00 P.M.
ITEM 1. CALL TO ORDER AND ATTENDANCE
Jeff Krauss called the City Commission meeting to order at 7:02 p.m.
Zoning Commission Members Present Staff Members Present
JP Pomnichowski Andrew Epple, Director, Planning and Community
Nathan Minnick Development
Peter Harped Chris Saunders, .Assistant Director, Planning and
Warren Vaughan Community Development
City Commission Members Present
Jeff Krauss, Mayor
Steve Kirchhoff
Karen Jacobsen
Sean Becker
Jeff Rupp
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.}
President JP Pomnichowski opened up the meeting for public comment at this time, there was no public
comment.
ITEM 3. MINUTES OF JULY 18r", 2006
President Pomnichowski called for corrections or additions to the minutes of the July 18 Zoning
Commission., hearing no changes, the minutes will stand as written.
ITEM 4. PROJECT REVIEW
Zone Man Amendment Application, #Z-06173 (Wastewater Treatment Plant). A Zone
Map Amendment requested by the owners and applicant, City of Bozeman and
Northwestern Corporation, to establish two zoning designations of PLI (Public Lands and
Institutions) District and M2 (Manufacturing and Industrial) District to 196.09 acres. The
Legal Description of this property is Section 26 & 27, T1 S, R5E, P.M.M., Gallatin County,
Montana and is located at 255 Moss Bridge Road (Saunders).
Assistant Planning Director Saunders went over the location and details of the application. Planner
Saunders said that the planning staff has reviewed the application and has proposed two different zoning
designations, as well as recommending three contingencies. In lieu of going over the review criteria,
Planner Saunders simply noted that staff found them satisfactorily met where they are applicable, and that
they have not received any written comment in favor or in opposition to the request,just one phone call
that was for information purposes only.
President JP Pomnichowski asked for questions of staff at this time. Hearing none, Ms. Pomnichowski
asked if the PLI is the designation for the services that exist on this parcel, to which Planner Saunders
replied in the affirmative. President Pomnichowski said that it appears under the PLI as a conditional use,
and asked if there will be a need to have a conditional use pen-nit for development of this site under PLI
and if so, why shouldn't it be type two. Mr. Saunders replied that a pen-nit was not required because it
was presented as being established at a time which predated the zoning, and it will continue forward as
existing legal lawful use.
President JP Pomnichowski asked the applicant to step forward, and it was agreed that Planner Saunders
can speak for applicant at this time.
President Pomnichowski OPENED THE MEETING TO PUBLIC COMMENT to speak to the Zone Map
Application, hearing none, Ms. Pomnichowski CLOSED THE PUBLIC COMMENT PORTION OF THE
MEETING.
Warren Vaughan stated that 10 out of 12 criteria are judged to be in compliance, with two simply being
neutral. President JP Pomnichowski stated that she finds that this meets all 12 criteria as well, and is
satisfied with essential services one and two for expansion at a later date. Warren Vaughan made a
motion to recommend approval to the city commission based on the findings, Peter Harried seconded the
motion. The motion passed with a unanimous vote, 4-0.
ITEM 5. PRESENTATION AND JOINT MEETING
North 71" Desi n and Connectivity Plan. A presentation by Winter and Company
to present their final draft for the proposed North 7"' Avenue Design project.
ITEM 6. ADJOURNMENT
President JP Pomnichowski adjourned the meeting 7:12 p.m.
JP Pomnichowski, Chairperson Andrew C. Epple, Director
City of Bozeman Zoning Commission City of Bozeman, Planning and Community
Development
*City of Bozeman Zoning Commission meetings are open to all members of the public. If you have a special need or disability,
please contact our ADA Coordinator,Ron Brey,at 582-2306(voice)or 582-2301 (TDD).
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMPN,ITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning@bozemon.net
Bozeman, Montana 59771-1230 wvvw.bozeman.net
DEVELOPMENT REVIEW APPLICATION
i iuN 209
El.Name of Project/Development: Wastewater.Treatment Plant(��M))Anne:xati Ial i
n ^:.:h_y 1.V L
ANU C .._...__
2. Property Owner Information:
Name: City of Bozennan L,-mail Address.
flailing Address: PO Box 1230,Bozeman,l\l'I'59771-1230
Phone: 582-2300 FAX: 582-2301
3.Applicant Information:
Name: City of Bozeman E-mail Address:
Mailing Address: PO Box 1230,Bozeman,MT 59771-1230
Phone: 582-2300 p'AX: 582-2301
4. Representative Information:
Name: City Engineering,c/o Brian Heaston L-mail Address: bheaston a,bozeman.nct
Mailing Address: City Engineering Dept.,20 F. Olive,Bozeman,M'I'59715
Phone: 582-2280 FAX: 582-2263
5 Descri. Legal ption: Sections 2Ci&27 T1S RSL,P.ft.fi.,Gallatin County,ffontana
FG. Street Address: ?55 floss Bridge Road _
7. Project Description: VvV7T'p Annexation of lands in ownership of the City of Bozeman and Northwestern
Corporation,including rights-of-way of fIRL,i'vf.DT,and Gallatin County.
8. Zoning Designation(s): PLI&f1-2 9. Current Land Use(s): I ype IT F.,ssential Services
�10Bo�7eman�202Oommunity Plan Deignatiowfuror,Lirban
Page 1 Appropriate Review Fee Submitted ❑
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning@bozeman.net
Bozeman,Montana 59771-1230 www.bozemon.net
DEVELOPMENT REVIEW APPLICATION
1.Name of Project/Develop:ment: ``t'WTP "ncxation
2. Property Owner Information:
Name: Northwestern Corporation,c/o Randy SLillivan E-mail Address: randy.slllltvan(C llorthwestcrn.com
Mailing Address: 110 Box 490,Bozcman,NfI 59771-0490
Phone: 582-4620 FAX- 585-9634
3.Applicant Information:
Name: E-mail Address:
Mailing,Address:
Phone! FAX:
4. Representative Information:
Name: E-mail Address:
Flailing Address:
Phone: FAX:
5. Legal Description: 1
6. Street Address:
7. Project Description:
8.Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman 2020 Community Plan Designation:
Page 114 Appropriate Review Fee Submitted
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
lannin
P.O. Box 1230 planning@bozemon.net
Bozeman, Montana 59771-1230 www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
-----------------------------------------------------------------
1.Name of Project/Development: WWTP annexation
2. Property Owner Information:
Namc: Washington Corporation,c/o Joe Gentri E-mail Address:
Mailing address: PC>Box 16630,,Ndissoula,NIT 59808
Phone: F..-\- :
3.Applicant Information:
Name: R-mail address:
flailing address:
Phone: FAX.
4.Representative Information:
Name: F-t-nail address.
Mailing Address:
Phone: FAX:
ES.:L,�g,l
m
G. Street Address:
7.Project Description:
8.Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman 2020 Community Plan Designation:
Page U9; Appropriate Review Fee Submitted ❑
11. Gross Area: Acres: 196.09 Square Feet: 12.Net Area: Acres: 151.74 Square Feet:
13. is the Subject Site Within an Overlay District? ❑✓ Yes,answer question 13a ❑ No,go to question 14
13a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ✓ Fntrvwav Corridor
E14Will this application require a deviation(s)? TE1 Yes �No
15,Application Type (please check all that apply): ❑ 0.Planned Unlit Development Concept Plan
❑A.Sketch Plan for Regulated activities in Regulated Wetlands ❑P.Planned Unit Development—Prelimnal Plan
❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑ Q.Planned Unit Development—Final Plan
❑C. ;\tncndrnent/h'lodificatioti of 1'lau Approved On/r\fter 9/3/91 ❑R.Planned Unit Development—Master Plan
❑1.).Rcuse,Change in Use,Further Development,Amendment /C)A ❑S.Subdivision Pre-application
❑R.Special Ternporary Use.Permit ❑T,Subdivision Preliminary flat
❑F.Sketch Plan/COA ❑U.Subdivision Final Plat
❑G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption
❑I I. Preliminary Site Plan/COA ✓❑W.annexation
[] 1. Preliminary Site Plan ❑✓ X.Zoning Map Amendment
❑J.Preliminary Master Site.Plan ❑Y.Unified Development Ordnlance Text Amendment
❑K.Conditional Use Permit ❑ Z.Zoning Variance
❑I..Conditional Use Permit/C)A Growth Policy Map Amendment
❑M.Administrative project.Decision appeal ❑BB.Growth Policy Text Arxnendment
❑N.Administrative.Interpretation Appeal ❑ Other:
This, application must be accompanied by the appropriate:checklist(s),number of plans or plats,adjoiner information and materials,and fee
(see Development Review Application Requirernents and Fees). The plans or plats must be drawn to scale on paper not smaller than 81/2-
by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 81/2-by 14-inches. If 3-ring biriders will be used,
they must include a table of contents and tabbed dividers between sections. .Application deadlines are 5:00 pm every Tuesday. This
application must be signed by both the applicant(s)and the property owner(s) (if different)before the submittal will be accepted.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and
provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development,approved ley t:hc
Citv of Bozeman shall be in conformance with the.requirements of-the Bozeman Municipal Code.and any special conditions established by
the approval authority. Finally,I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project.
I(We)hereby certify that the above information is true and correct to the best of my(our)knowledge.
Applicant's Signat Date:
Applicant's Signature: Date:
Property Owner's Signature: Date:
h
Property Owner's Signature- Date: ()
Property Owner's Signature: �.� .'t.�( � Date:
Page 2
(Development Review Application—Prepared 11/25/03)
ANNEXATION CHECKLIST
'I'liis checklist shall be completed and returned as part of the submittal. Any item checked "No" or "N/�V' (not applicable)
must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. The following questions pertain to the goals adopted by the City Cornlnission in Conlniission Resolution No. 3137.
Annexation Goals Yes No N/A
1. Is the property contiguous to the City of Bozeman? ❑ ❑ ❑�
2. Is the property wholly surrounded by the City of Bozeman? ❑ ❑
3. Is the property currently contracting with the City for rriuilicipal services such as water, ❑ ❑ ✓❑
sanitary sewer and or fire protection?
a. If so,which city services are currently being contracteol tor?
4. Does the property he with the service boundary of the existing;sewer system as depicted in t��:l
❑ ❑�
City's growth policy?
B. The following questions pertain to the policies adopted by the City Commission in Commission Resolution No. 3137.
Annexation Policies Yes No N/A
I Is the property owner(,,,) willing to dedicate needed easements and/or right-of-way for ✓❑ ❑ ❑
collector and arterial streets?
2. Is the property owners(s) willing to sigh waivers of right tot protest the creation of future ✓❑ ❑ ❑
Special Improvement Districts to provide the essential services for future development of the
City?
3. Is the property owner(s) willing; to transfer usable. water rights, or an appropriate fee In hell El ❑ ❑
thereof,to serve the expected population of the land when fully developed?
4, Does the desired future development of tile: subject property coriform to the City's growth ✓❑_ ❑ ❑
policy? If not,a growth policy amendment will be necessary to accommodate the anticipated
uses,which may be initiated by the applicant and reviewed concurrently with tills application.
a. If a growth policy amendment is necessary,is it included with this applicatiorn? ❑ ❑ ✓❑
5. The property will need to be rezoned with an initial urban zoning designation. The'Lone map ✓❑ ❑ ❑
amendment will be reviewed concurrently with this application, Is a coning mal)amendment
application included with this application?
G. Do unpaved county roads comprise tine most corrnrinonly used route to nail access to the ❑ ❑✓ ❑
property?
7. If it is found that adequate services cannot he provided to ensure public health, safety and ❑ ❑ ✓❑
welfare, has the property owners(s) provided a written plan for rile accommodation of these
services?
8. Tine property owner(s) must provide a letter from Bozeman School District#7 assessing tine ❑ ❑ ✓❑
availability of schools and school transportation for residents of the proposed annexation. Is
a copy of that letter attached to this application?
C. Supplemental Information. Please provide the following; information to assist the City in the review of this
application:
1. If the property is currently in agricultural use,please identify the crops.
2. Number of residential units existing on the property.
3. Number and type of commercial stnictures existing on the property.
4. Estimate of existing population of the pre petty.
5. Assessed value of the property.
G. Existing on-site facilities and utilities (gas,power,telephone,cable,septic systems,wells,etc.).
7. Any additional information you feel would assist in the review of this application.
Page 3
(Annexation Checklist—Prepared 12/05/03;revised 9/8/04)
D. Mapping Requirements. The annexation map shall contain the following information. The map shall include the
vicinity within one-half mile surrounding the subject property.
Mapping Requirements Yes No N/A
1. Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet 0 ❑ ❑
2. Scale,north point arrow and date of preparation ❑✓ ❑ ❑
3. Subject property well defined ❑ ❑ ❑
4. Land use pattern of surrounding arearc ❑✓ ❑ ❑
5. Existing zoning of surrounding property ❑✓ ❑ ❑
6. Bourularics of proposed zoning(if more than one designation being requested)well defined ✓❑ ❑ ❑
7. Proximity of all existing and proposed water and sewer mains and extensions J❑ ❑ ❑
8. Location of all structures on the subject propertti, ❑✓ ❑ El9. .Adjacent streets and street rights-of way Y� 0 ❑ ❑
10. Existing on-site strr,ets and street rights-of-way ❑✓ ❑ ❑
11. Water bodies and wetlands 0 ❑ ❑
I (We),the undersigned,hereby certify that the information contained in this application is true and correct to the best
of my(our)knowledge.
f
Prope'�t1' r 5 Signa T Date.
State of rl 0
County of ` 'l
On this day of 20�,before me,a Notary Public for the State of l7 IC,�e
personally appeared Ofz' r' T2A 464VLA
known to me to be the person(s) whose name(s) is(are) subscribed to the above instrument and acknowledge to me that
he/she/they executed the same..
IN WITNESS WHEREOF, I have hereunto set my hand and affixed niv Notarial Seal the day and year first above
written.
e
Notary Public for State.of
Residing at �� . � - Qouse Ul&n
My Corrunission ExpiresAP
Page 4A
D. 1V�laj2pu1g Requirements. The annexation map shall contain the following information. The. trap shall include the
vicinity within one-half mile surrounding the subject property.
Mapping Requirements Yes No N/A
1. Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet ❑✓ ❑ ❑
2. Scale,north point arrow and date of preparation ❑✓ ❑ ❑
3. Subject property well defined ❑ ❑
4. Land use pattern of surrounding area ❑� ❑ T ❑
5. Existing zoning of surrounding property ❑ ❑ ❑
6. Boundaries of proposed zoning(if more than one designation being;requested)well defined ✓❑ ❑ ❑
7. Proxinity of all existing and proposed water and sewer mains and extensions ✓❑ ❑ ❑
A. Location of all structures on the subject property ❑✓ ❑ ❑
9. Adjacerut streets and street rights-of-way ❑ ❑ ❑
10. Existing on-site streets and street rights-cif-way [✓. ❑ ❑
11. Water bodies and wetlands ❑� ❑ ❑
I (We),the undersigned,hereby certify that the information contained in this application is true and correct to the best
of my(our) knowledge.
�rop ty C.)wner's Signature(s) Date
State of
t_ounty of t't
j'
L
On this �` day of . 20 M,,before me,a Notary Public for the State of
personally appeared �CJ'
known to me. to he the person(s) whose. nanic(s) is(are) subscribed to the above inStrunacnt and acknowledge to me that
he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set nay hand and affixed my Notarial Seal the day and year first above
written.
v/Q_
Notary Public for State of
Residing at & M'V 4 4,—
1
lily Commission Expires �/ J
97
Page 4
ZONING MAP OR UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT CHECKLIST
This checklist shall be completed and returned as part of the subinittal. .Any item checked "No" or "N/A" (not applicable)
must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Amendment Typ - What type of amendment is being requested?(check all that apply)
✓❑ Zoning i lap Amendment
❑ Unified Development Ordinance.Amendment—Zoning Provisions
❑ Unified Development Ordinance.Amendment—Subdivision Provisions
B. Zoning Map or LJDQ, „Zoning Provision Amendment Criteria. For Zoning Map Amendments and Unified
Development Ordinance Text z\mendrnents involving zoning provisions,written responses for each of the following
criteria shall be provided.
Are written responses for the following criteria provided?
Zoning Provision Criteria Yes No N/A
1. Is the new zoning designed in accordance with the comprehensive plan? ✓❑ ❑ ❑
2. Is the zoning designed to lessen congestion in the streets? �✓❑ ❑ ❑
3. Will the new zoning promote health and general welfare? ❑✓ ❑ ❑
4. Will the new zoning secure safety from fire,panic and other dangers? ❑✓ ❑ ❑
5. Will the new zoning provide adequate light and air? ❑✓ ❑ ❑
6. Will the new zoning prevent the overcrowding of land? ❑✓ ❑ ❑
7. Will the new zoning avoid the undue concentration of population? 0 ❑ ❑
8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, ✓❑ ❑ ❑
schools,parks, fire,police,and other public requirements?
9. Does the new zoning give consideration to the peculiar suitability of the.property for ❑ ❑ ❑
particular uses?
10. Does the new zoning give reasonable consideration to the character of the district? ID ❑ ❑
11, Was the new zoning adopted with a view to conserving the value.of btiilchngs? ❑✓ ❑ ❑
12, Will the new zoning encourage the most appropriate use of land throughout such ❑� ❑ ❑
county or municipal area?
C. IJD0 Subdivision Provision Criteria. For Unified Development Ordinance Text Amendments involving subdivision
provisions,written responses for each of the following criteria shall be provided.
Are written tsponses for the following criteria provided?
Subdivision Provision Criteria Yes No N/A
1. Will the amendment provide for the orderly development of the jurisdictional area? ❑ ❑ ✓❑
2. Will the amendment provide for the coordination of roads within subdivided land ❑ El El
with other roads,both existing and planned?
3. Will the amendment provide for the dedication of land for roadways and for public ❑ ❑ ✓[]
utility easements?
4. Will the amendment provide for the improvement of roads? ❑ ❑ ✓❑
Page 3
(Zoning Map or Unified Development Ordinance Text Amendment Checklist—Prepared 12/05/03,revised 9/20/04)
r
Subdivision Provision Criteria,continued Yes No N/A
5. Will the amendment provide for adequate open spaces for travel, light, au and ❑ ❑ Q
recreation?
G. `Vill the amendment provide for adequate transportation,water and drainage? ❑ ❑ ❑
7. Will the amendment provide for the regulation of sanitary facilities? ❑ ❑ ✓❑
8. Will the amendment provide for the avoidance or minimization of congestion? ❑ ❑ ✓❑
9. Will the amendment provide for the avoidance of subdivision which would involve ❑ ❑ ✓❑
unnecessary environmental degradation and the avoidance of danger of injury to
health, safety or welfare by reason of natural hazard or the lack of water, drainage,
access, transportation, or other public services or would necessitate an excessive
expenditure of public funds for the supply of such services?
I (We),the undersigned,hereby certify that the information contained in this application is true and correct to the best
of my (out) knowledge.
- 'S r a
>erty()w s Signature(") Date
Statc of �/l 11ln �nr�
County of \,� u t t 1V
On tills. �l day of MOLLA 20�,before me,a Notary Public for the.State of
personally appeared
known to me to be the person(s) whose names) is(are) subscribed to the above instrument and acknowledge to me that
be/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my .Notarial Seal the day and year first above.
written.
Notary Public for State of
Resicling at RC I J • `te a L45e, b)�6p bo 11 ( i
My C;onmiission Expires �(J�l I I� 2 66-7
Page 4
r
a �
Subdivision Provision Criteria,continued Yes No N/A
5. Will the amendment provide for adequate open spaces for travel, light, air and ❑ ❑ ✓❑
recreation?
6. Will the amendment provide for adequate transportation,water and drainage? ❑ ❑ ✓❑
7. Will the amendment provide for the regulation of salutary facilities? ❑ ❑ ✓❑
8. Will the amendment provide for the avoidance or minimization of congestion? ❑ ❑ ✓❑
9. Will the amendment provide for the avoidance of subdivision which would involve ❑ ❑ ✓❑
unnecessary environmental degradation and the. avoidance of danger of injury to
health, safety or welfare by reason of natural hazard or the lack of water, drainage,
access, transportation, or other public services or would necessitate an excessive
expenditure of public funds for the supply of such services?
f (Wc),the undersigned,hereby certify that the information contained in this application is true and correct to the best
of my(our) knowledge.
�r-p'riy Owner's Signatures) Date
i
State of
County of .
On this 2-utL—dav of vvt200,before mc,a Notary Public for the.State of
personally appeared
known to me to be the person(s) whose narrre(s) is(are) subscribed to the above instrument and acknowledge to me that
he/she/they executed the same.
TN WTTNF_SS WHERLOF, 1 have hereunto set my hand and affixed my Notarial Seal the day and year first above
written.
Notary Public for State of U c
Residing at
6M,MAIA-
IMy Comnussion Expires
Page 4
4...
�o�BO THE CITY OF BOZEMAN
20 E. OLIVE • P.O. BOX 1230
* * BOZEMAN, MONTANA 59771-12.30
fZ
pp ENGINEERING DEPARTMENT
9tt��j�88p�� PHONE: (406) 582-2280 • FAX: (406) 582-2263
ANNEXATION CHECKLIST RESPONSES (Applicable items only)
A.2) Properties to be annexed are contiguous to the City along Springhill Road and
are not wholly enveloped by the City.
B.6) All lot accesses are provided from paved roadways; there are no unpaved
County roads associated with this Annexation.
B.7) Lands possessed by the City at the Wastewater Treatment Plant (WWTP) are
currently provided with municipal services for water supply and wastewater
disposal. Remaining lands of this Annexation are not in human occupation and
therefore do not require the provision of these services.
B.8) Annexed lands are not residential in nature nor will residential building sites be
created immediately following annexation. Therefore, the Annexation has no
affect upon Bozeman School District #7.
C.1) The Annexation properties are not in agricultural production.
C.2) There are no residential properties in this Annexation.
C.3) Municipal wastewater treatment plant structures are situated upon City owned
Lands. Parcels owned by Northwestern Corporation (Northwestern Energy)
contain an electrical substation and natural gas gate station respectively.
CA) Zero population; the Annexation does not contain residential parcels.
C.5) Assessed property values have not been compiled at this time.
C.6) City lands are provided with municipal and private utility services. Utility
services do not exist and are not anticipated for the remaining lands of this
Annexation.
ZONING MAP CHECKLIST RESPONSES (Applicable items only)
B.1) New zoning designations concur with the comprehensive plan.
B.2) Existing land uses and population densities of the annexed lands will not
change as a result of the proposed zoning. Therefore, traffic congestion
is not attributable to these annexed lands.
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
B.3) The new zoning designations will have no negative affects upon the
general health and welfare of the public.
B.4) City reviews of facility expansions within this annexation will promote
safety from fire and other dangers. Presently no immediate safety
concerns exist.
B.5) City standards regarding light and air pollution will be satisfied during
subsequent facility expansion reviews of projects within the bounds of
this Annexation. Light and air pollution is not a problem with the
existing properties of this Annexation.
B.6) Residential development is not expected to occur at any time upon lands
within this Annexation. Therefore, overcrowding of these lands is not of
concern.
B.7) See response to item B.6 above.
B.8) The new zoning will facilitate adequate provision of the listed items.
B.9) The new zoning designations have been chosen to prevent the existing
land uses of the Annexation properties from becoming non-conforming
uses within the proposed zoning district boundaries.
B.10) The new zoning will maintain the character and intent of the City's
zoning policy.
B.11) The new zoning should have no negative affect upon the land value and
existing building values.
B.12) The new zoning has been chosen to perpetuate the existing land uses of
this Annexation.
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
l l Z66� hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners within 200 feet of the
property located at �SS ��af� �n ��`�`r ( is a
true and accurate list from the last declared Gallatin County tax records. I further understand that an
itiaccurate list may delay review of the project.
Signature
(Certificate of Adjoining Property Owners List—Prepared 11/20/03)
i
WWTP Annexation Ad'oiner List
Judith King Peggy Schaplow
924 Nelson Rd. 9481 Nash Rd.
Bozeman, MT 59718 Bozeman, MT 59715
Riverside Country Club Peter Family Living Trust
2500 Springhill Rd. 6443 N. Minnehaha Ave.
Bozeman, MT 59718 Chicago, IL 60646-2909
MT Dept. of Fish, Wildlife Et Parks Michael McGinley
PO Box 200701 4535 E. Valley Center Rd.
Helena, MT 59620-0701 Bozeman, MT 59718
The Mill, LTD.
PO Box 5075
Bozeman, MT 59717-5075
Jerry Cashman
252 Estes Ln.
Bozeman, MT 59718
Linda Anderson
90 Moss Bridge Rd.
Bozeman, MT 59718
Virgil Buettner
26599 Frontage Rd.
Bozeman, MT 59718
Kevin Frank
26633 Frontage Rd.
Bozeman, MT 59718
Jerald Swenson
6071 Jackrabbit Ln.
Belgrade, MT 59714
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