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15268, Staff Report for the Cannery District Phases 1, 3, and 4 Zone Map
Amendment
UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS
PRESENTATION TO THE ZONING COMMISSION ARE SHOWN IN RED.
Public Hearing Dates: Zoning Commission, July 7, 2015, 121 N. Rouse Avenue, 6 pm.
City Commission, July 20, 2015, 121 N. Rouse Avenue, 6 pm.
Project Description: A request to zone approximately 8.99-acres B-2 (Community
Business District) as allowed by Article 38.37 of the Bozeman Municipal Code.
Project Location: The property is generally located northwest of the intersection of East
Oak Street and North Rouse Avenue, excepting already annexed and zoned properties. The
property is addressed as 101 East Oak Street and is legally described as Tract 1, 2 and 3 of
COS 2877 A tract of Land being Tract 1 and Tract 2 of Correction COS 2128B and the
parcel known as COS 2548 all located in the Northwest One-Quarter of Section 6, T2S,
R6E, P.M.M., Gallatin County, Montana.
Recommendation: Approval of the zone map amendment application Cannery District
ZMA 15268, as recommended by the Zoning Commission, and provisional adoption of
Ordnance 1919 with contingencies.
Recommended Motion: Having reviewed and considered the text of the ordinance,
application materials, public comment, the deliberations and recommendation of the Zoning
Commission at the July 7, 2015 Zoning Commission meeting, and all the information
presented, I hereby adopt the findings presented in the staff report for application 15268 and
move to provisionally adopt Ordinance 1919, the Cannery District Phases 1, 3 and 4 Zone
Map Amendment. recommend approval of the zone map amendment with contingencies.
Report Date: Wednesday, July 15, 2015
Staff Contact: Brian Krueger, Development Review Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
No unresolved issues have been identified at this time.
Project Summary
The applicant proposes this Zone Map Amendment (ZMA) to provide initial zoning on
property known as the Cannery Annexation District. In 2014 the City approved a rezone
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application for the area due south of the subject property known as Phase 2 of the Cannery
District and the Northside Planned Unit Development (PUD) properties, which includes four
buildings and a common area lot for parking and circulation. That application approved a
change in zoning from M-1, Light Industrial to B-2 Community Business District. The City
approved a change in the underlying land use designation for this property on the City’s
future land use map from Industrial to Community Commercial Mixed Use during the last
update to the Growth Policy in 2009. This amendment to zone Phases 1, 3 and 4 of the
Cannery District property B-2, Community Business District, is consistent with the growth
policy designation and the zoning of adjacent properties.
An application to annex the subject property into the City via the creation of an annexation
district is being processed concurrent with this application for initial zoning.
No public comment has been received as of the writing of this report.
The Zoning Commission held a public hearing and considered the application on July 7,
2015. There was no public comment at the public hearing. As noted in their attached minutes,
the Zoning Commission unanimously passed a motion recommending this ZMA for approval
to the City Commission with the findings presented in the staff report.
This project is on an accelerated schedule as the applicant was willing to provide all the
required materials for processing of the ZMA prior to the action of the City Commission on
the project. Therefore, there are no listed contingencies as all necessary items have already
been addressed.
Alternatives
1) Adopt the amendment as requested.
2) Deny the amendment and 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.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .................................................................................................... 4
SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL ................................ 6
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SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
SECTION 4 - STAFF ANALYSIS AND FINDINGS ............................................................. 7
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 7
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 11
APPENDIX A - AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............. 11
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 16
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 16
FISCAL EFFECTS ................................................................................................................. 16
ATTACHMENTS ................................................................................................................... 16
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SECTION 1 - MAP SERIES
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SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary shall be identified as the “Cannery District Phases 1, 3
and 4 Zone Map Amendment”.
2. That the applicant submit a zone amendment map, titled “Cannery District Phases 1, 3 and 4
Zone Map Amendment”, on a 24” by 36” mylar, an 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 Works, 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.
3. 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.
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SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Cannery District Phase 1, 3 and 4 Zone Map Amendment 15268
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted.
The Development Review Committee (DRC) considered the amendment on June 10 and 17,
2015. The DRC did not identify any infrastructure or regulatory constraints which would
impede the approval of the application.
The Zoning Commission will hold a public hearing on this ZMA on July 7, 2015, at 121 N.
Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. and the Zoning Commission will
forward a recommendation to the City Commission on the application.
The City Commission will hold a public hearing on the ZMA on July 20, 2015. The meeting will
be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. The City
Commission will make the final decision on the application.
SECTION 4 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following:
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The site is designated as Community Commercial Mixed Use on Figure 3-1 in the
Bozeman Community Plan. Table C-16 of the growth policy shows B-2, Community
Business District as an implementing district for the Community Commercial Mixed Use
designation. A review of the applicable goals and objectives of the growth policy has not
identified any specific conflicts with the non-mapped elements of the document. The Table
of authorized zoning uses within the B-2 District is also provided in Appendix A.
Figure 3-1 (Future Land Use Map) is not the only element of the Growth Policy which must
be considered. There are many goals, objectives, and other text which must also be evaluated.
While not every element will apply to every proposal, a broad evaluation of compliance is
needed. A proposal may comply with Figure 3-1 but not with the other elements of the plan.
To be in accordance with the Growth Policy compliance must be to both Figure 3-1 and the
other plan elements.
This zone map amendment would result in the addition of 8.99 acres of B-2 zoned property
to the City which is supported by the Urban Density principle in Chapter 3 of the Community
Plan which states: Fundamental to the efficient and cost-effective provision of urban
services, multi-modal transportation oriented development, and a compact development
pattern is a concentration of persons and activities (emphasis added). Density of development
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must also be balanced against community character, parks and open spaces, and the housing
choices of citizens. Quality site and architectural design will materially affect the success and
acceptability of urban density and scale of development.
The Community Commercial Mixed Use designation of the Bozeman Community Plan states
that, “Activities within this land use category are the basic employment and services
necessary for a vibrant community. Establishments located within these categories draw
from the community as a whole for the employee and customer base and are sized
accordingly. A broad range of functions including retail, education, professional and
personal services, offices, residences, and general service activities typify this designation.”
Supportive examples of applicable goals and objectives of the Bozeman Community Plan for
this application include:
Chapter 2 – Addressing Growth and Change
Objective G-2.2 Strive to maintain a balanced supply of land for the variety of uses necessary to support a vigorous city.
Chapter 3 - Land Use
Objective LU-2.3 Encourage redevelopment and intensification, especially with mixed
uses, of brownfields and underutilized property within the City consistent with the City’s
adopted standards. Using this approach rehabilitate corridor based commercial uses into a pattern more supportive of the principles supported by commercial centers.
Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides
public and private basic services and facilities in close proximity to where people live and
work, and minimizes sprawl.
Chapter 4 – Community Quality
Objective C-1.3 Support compatible infill within the existing area of the City rather than developing land requiring expansion of the City’s area.
Chapter 8 Economic Development
Objective ED-2.4 Foster a diverse economy that will protect the economic climate for
existing businesses and maintain opportunities for business expansion.
In considering the appropriateness of a particular zoning district for a site, it is appropriate to
consider what district will most fully advance the community plan goals. As a zone map
amendment is a legislative, not quasi-judicial, matter the City has broad discretion to decide
the course considered most suitable.
The B-2 Community Business District zoning designation requested is consistent with the
Community Commercial Mixed Use land use designation and the Growth Policy.
B. Secure safety from fire and other dangers.
Yes. The same standards for emergency access, fire protection, and related issues apply to
any of the zoning districts. Once annexed the area will be within the City’s emergency
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service locations and is provided with 911 and other necessary services. Building permits
will apply within this district upon annexation to ensure correct construction techniques,
building exiting, and other safety concerns have been addressed.
C. Promote public health, public safety, and general welfare.
Yes. As discussed in Criterion B, there are many standards which apply equally to the City’s
commercial zoning districts. The generally adopted standards of the municipal code will
ensure adequate supply for sanitation, clean water, stormwater control and other items which
would possibly affect this criterion.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. No dedication of rights-of-way or construction of facilities is required because of the
change in zoning. The subsequent subdivision, planned unit development or site plan
development review process will require demonstration of adequate transportation and other
facilities. The City’s development standards require mitigation of site impacts to
infrastructure and therefore this criterion is met. The existing infrastructure and services to
the site will continue to serve the existing buildings and uses. Any expansion of the uses or
further development of the site in the future will require development review. Development
review procedures will evaluate specific needs for additional services. The City’s
development standards require demonstration that adequate services are available. Section
38.07.010.C, BMC 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 service.”
E. Reasonable provision of adequate light and air.
Yes. The B-2, Community Business District has been evaluated against this criterion during
the legislative adoption of the district. It has been determined that the district complies. Any
expansion of the use or further development of the site in the future would require
development review. The regulatory standards set forth in the Bozeman Municipal Code for
the requested B-2 zoning district provides the necessary provisions (i.e., yard setbacks, lot
coverage, open space and building heights), which are intended to provide for adequate light
and air for any development on the subject property.
F. The effect on motorized and non-motorized transportation systems.
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Yes. The B-2 zoning designation should not have a substantial effect on existing or future
motorized or non-motorized transportation systems. There would likely be an increase in
future traffic levels due to the further development of additional B-2 zoned property but this
impact will be required to be mitigated or addressed as part of the future subdivision, planned
unit development or site plan review process for the property. Non-motorized transportation
(i.e. bike, sidewalks, trails, etc.) will also be addressed as part of any future subdivision,
planned unit development or site plan review application.
G. Promotion of compatible urban growth.
Yes. B-2 zoning has already been established on a part of this property and was previously
deemed to be appropriate for this area. It is anticipated that the undeveloped portion of the
property will be developed consistent with the description of Community Commercial Mixed
Use growth policy designation and in accordance with the zoning standards for the B-2
District, if approved. This area is near the intersection of two primary arterial streets in the
City and is bound by the I-90 corridor to the north and has good access. The proposed zoning
district will allow a continued urban growth pattern previously deemed compatible and
appropriate for this area. Therefore, this criterion is met.
H. Character of the district.
Yes. B-2 uses are already established on this property through development approved
through the County jurisdiction. The character of this area is commercial in nature and this
zoning will only reinforce this character.
As stated in Section 38.08.010.A “There is a rebuttable presumption that the uses set forth for
each district will be compatible with each other when the standards of this chapter are met
and any applicable conditions of approval have been satisfied.” The future subdivision or
site plan review process will enable the evaluation of any peculiar impacts of proposed
development and mitigation as needed.
I. Peculiar suitability for particular uses.
Yes. The site has been determined appropriate for B-2 uses with near proximity to arterial
streets, I-90, and the City’s trail systems and the adjacent B-2 zoning. B-2 zoning would not
substantially alter the suitability of this property to accommodate further intensification of
commercial uses.
J. Conserving the value of buildings.
Yes. The B-2 designation is consistent with the building types and current uses on the
developed portion of the property. The proposed zone map amendment conserves the current
value and is not detrimental to the value of the adjacent commercial or public uses.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
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Yes. The sum of the findings regarding the other criteria indicates that the proposed B-2
zoning encourages the most appropriate uses of the subject property and the property in the
vicinity.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
APPENDIX A - AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation and Land Uses:
B-2 Community Business District: “The intent of the B-2 community business district is to
provide for a broad range of mutually supportive retail and service functions located in clustered
areas bordered on one or more sides by limited access arterial streets.”
Adopted Growth Policy Designation:
The growth policy designation for the amendment area and the surrounding area is Community
Commercial Mixed Use which is defined as:
Activities within this land use category are the basic employment and services necessary for a
vibrant community. Establishments located within these categories draw from the community as
a whole for their employee and customer base and are sized accordingly. A broad range of
functions including retail, education, professional and personal services, offices, residences, and
general service activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated
with significant transportation corridors, including transit and non-automotive routes, to facilitate
efficient travel opportunities. The density of development is expected to be higher than currently
seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor
Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in
appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities are anticipated, appropriately designed for an urban
character. Placed in proximity to significant streets and intersections, an equal emphasis on
vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential
areas are expected in close proximity. Including residential units on sites within this category,
typically on upper floors, will facilitate the provision of services and opportunities to persons
without requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to serve
different purposes. Large Community Commercial Mixed Use areas are significant in size and
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are activity centers for an area of several square miles surrounding them. These are intended to
service the larger community as well as adjacent neighborhoods and are typically distributed on a
one mile radius. Smaller Community Commercial areas are usually in the 10-15 acre size range
and are intended to provide primarily local service to an area of approximately one-half mile
radius. These commercial centers support and help give identity to individual neighborhoods by
providing a visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the size
and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not
be overly dominated by any single land use. Higher intensity employment and residential uses
are encouraged in the core of the area or adjacent to significant streets and intersections. As
needed, building height transitions should be provided to be compatible with adjacent
development.
Table C-16 Zoning Correlation with Land Use Categories – Indicates that B-2 zoning is one
of the zoning districts envisioned for the “Community Commercial Mixed Use” Growth
Policy Designation.
Following is the Table of B-2 Uses from the Bozeman Municipal Code which indicates the
permitted land uses within the B-2 zoning district.
Sec. 38.10.020. - Authorized uses.
A. Uses in the various commercial districts are depicted in Table 38.10.020 below. Principal uses are indicated with a "P," conditional uses are indicated with a "C," accessory uses are indicated with an
"A," and uses which are not permitted within the district are indicated by a "-." A particular proposed
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development or use may fall under more than one listed category with different review processes. In such cases, the more stringent review process shall apply.
B. The uses listed are deliberately broad and some are given special definitions in article 42 of this chapter. The intent of this method is to provide general guidance for uses while allowing the unique
needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in article 22 of this chapter.
C. Additional uses for telecommunications are established in article 29 of this chapter.
Table 38.10.020
Table of Commercial Uses
Authorized Uses
B-1 B-2 B-3
Ambulance service — P P
Apartments and apartment buildings6, as defined in this chapter P P1/C P3
Arts and entertainment center, as defined in this chapter P P P
Automobile fuel sales or repair, as defined in this chapter C C C
Automobile parking lot or garage (public or private) P P P
Automobile washing establishment C P C
Banks and other financial institutions P P P
Business, technical or vocational school — C P3
Bus terminals — C C
Community centers P P P3
Community residential facilities with eight or fewer residents P P1/C P3
Community residential facilities serving nine or more residents — C —
Convenience uses C P C
Convenience use restaurant P P P
Day care centers P P P
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Essential services Type I A A A
Essential services Type II P P P
Essential services Type III C9 P C9
Extended-stay lodgings — P P
Food processing facilities — C —
Frozen food storage and locker rental — P —
Health and exercise establishments P1/C P P
Hospitals — P C
Hotel or motel — P P
Laboratories, research and diagnostic — P P3
Laundry, dry cleaning — C C
Light goods repair, as defined in this chapter — C A
Lodginghouses — C C3
Manufacturing, artisan P P P8
Manufacturing, light — C C3
Manufacturing, light and completely indoors — C —
Mortuary — C C
Museum — C C
Medical and dental clinics P1/C P P
Meeting hall — P P
Offices, as defined in this chapter P1/C P P3
Other buildings and structures typically accessory to permitted
uses A A A
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Parking facilities P P P3
Personal and convenience services, as defined in this chapter P P P
Pet grooming shop P P P
Printing offices and publishing establishments — — C
Private club, fraternity, sorority or lodge — P P
Public buildings P P P
Refuse and recycling containers A A A
Research laboratories — P P
Restaurants P5 P P
Retail uses, as defined in this chapter P2 P2 P2
Retail, large scale — P —
Sales of alcohol for on-premises consumption7 C C C
Sign paint shops (not including neon sign fabrication) — P C
Upholstery shops (excluding on site upholstery service for cars,
boats, trailers, trucks and other motorized vehicles requiring
overnight storage)
— P P3
Veterinary clinic — C —
Wholesale distributors with on-premises retail outlets, providing
warehousing is limited to commodities which are sold on the
premises
— C —
Wholesale establishments that use samples, but do not stock on
premises — P P
Any use, except adult businesses and casinos approved as part of
a planned unit development subject to the provisions of article 20
of this chapter
C C C
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Notes:
1When located on the second or subsequent floor, or basement as defined in article 42 of this chapter.
2Excluding adult businesses, and large scale retail, as they are defined in article 42 of this chapter.
3Except on ground floor in the core area as defined in this article.
4Private arts instruction shall only be on the second or subsequent floor in the core area as defined in this article.
5Exclusive of drive-ins.
6May be subject to the provisions of chapter 10, article 8.
7Also subject to chapter 4, article 2.
8For uses in the downtown core as described in 38.10.010.A.3.a and located on the ground floor adjoining
Main Street, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required.
9Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations.
(Ord. No. 1645, § 18.18.020, 8-15-2005; Ord. No. 1693, § 5(18.18.020), 2-20-2007; Ord. No.
1709, § 3(18.18.020), 7-16-2007; Ord. No. 1761, exh. B(18.18.020), 7-6-2009; Ord. No. 1838, §
4, 9-10-2012; Ord. No. 1874, § 4, 12-2-2013; Ord. No. 1893, § 7, 8-11-2014)
APPENDIX B - NOTICING AND PUBLIC COMMENT
No public comments have been received to date. Noticing was posted on site, published in the
Bozeman Daily Chronicle, and mailed to all owners within 200 feet of the outer perimeter of the
property. Notice was provided at least 15 and not more than 45 days prior to the Zoning
Commission public hearing on July 7, 2015 and the City Commission public hearing scheduled
for July 20, 2015.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicants: Cannery District Partners, LLC 1006 West Main Street Bozeman, MT
59715
Representative: Comma Q Architecture 109 North Rouse Avenue, #1 Bozeman, MT 59715
Report By: Brian Krueger, Development Review Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
Zoning Commission Meeting Minutes July 7, 205
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Ordinance 1919
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Page 1 of 5
ORDINANCE NO. 1919
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 8.99 ACRES B-2, COMMUNITY BUSINESS DISTRICT LOCATED
GENERALLY NORTHWEST OF THE INTERSECTION OF EAST OAK STREET AND
NORTH ROUSE AVENUE, EXCEPTING ALREADY ANNEXED AND ZONED
PROPERTIES.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; 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, Mont. Code Ann.; 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 Section
2.05.2700, BMC as provided for in Section 76-2-307, Mont. Code Ann.; 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, the proposed zone map amendment to amend the City of Bozeman Zone
Map to establish an initial zoning classification of B-2 (Community Business District) for
approximately 8.99 acres of property has been properly submitted, reviewed and advertised; and
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Ordinance No. 1919, Cannery District Phases 1, 3 and 4 Zone Map Amendment
Page 2 of 5
WHEREAS, the Bozeman Zoning Commission held a public hearing on July 7, 2014, to
receive and review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved as requested by the applicant subject to
contingencies necessary to complete adoption by ordinance; and
WHEREAS, after proper notice, the City Commission held its public hearing on July 20,
2015, to receive and review all written and oral testimony on the request for a zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map
amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the
proposed zone map amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the zoning district designation of the following-described property is hereby designated as
"B-2" (Community Business District):
A Tract of land being Tracts 1, 2, and 3 of COS 2877 and a portion of the west half of the
adjacent Rouse Avenue, located in the North West One Quarter of Section 6, Township 2 South, Range 6 East, Principle Meridian Montana, Gallatin County, Montana being more particularly
described as follows:
Beginning at the Center 1/4 of Section 6, Township 2 South, Range 6 East, P.M.M., Gallatin
County, Montana, which is located upon the centerline of Rouse Avenue;
· thence North 89°09'51” West, 30.00 feet to the South East ROW corner of Tract 3 of
COS 2877.
· thence North 89°09'51” West, 526.74 feet along the south line of Tract 3 of COS 2877 to
a point. · thence North 89°23'28” West, 475.70 feet along the south lines of Tracts 1, 2 and 3 of
COS 2877 to a point.
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Ordinance No. 1919, Cannery District Phases 1, 3 and 4 Zone Map Amendment
Page 3 of 5
· thence 73.81 feet along a curve to the left and along said Tract 1 of COS 2877 with a
radius of 994.93 feet, a central angle of 4°15'02”, and a chord that bears North 70°35'51” West, 73.79 feet to a point South West corner of Tract 1 of COS 2877. · thence North 00°20'44” West, 546.64 feet to the intersection of the northwest corner of
Tract 1 of C.O.S. 2877 and the South ROW of Interstate 90.
· thence 252.04 feet along a curve to the right and along said ROW and the North line of
Tracts 1 and 2 of COS 2877 with a radius of 22795.00 feet, a central angle of 00°38'01”, and a chord that bears South 69°05'44” East, 252.04 feet to a point. · thence South 68°45'43” East, 787.16 feet along said north boundary line of Tracts 2 and 3
of COS 2877 and said ROW to a point.
· thence South 36°18'53” East, 182.87 feet to a point that is the intersection of the corner of
Tract 3 of COS 2877 and the ROW of Rouse Avenue. · thence South 87°57'42” East, 30.00 feet to a point on the centerline of Rouse Avenue; · thence along said centerline South 02°02'18” West, 61.50 feet to the point of beginning.
Said area being 8.99 acres more or less, along with and subject to all easements of record or
apparent on the ground.
Said tracts containing an area of 8.99 acres.
SUBJECT to all easements of record or apparent from a visual inspection of the property.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
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Ordinance No. 1919, Cannery District Phases 1, 3 and 4 Zone Map Amendment
Page 4 of 5
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in
a category entitled “Zone Map Amendments.”
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after adoption and upon
annexation of any tract into the City.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 20th day of July, 2015.
____________________________________ JEFFREY K. KRAUSS Mayor
ATTEST:
____________________________________ STACY ULMEN, CMC City Clerk
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Ordinance No. 1919, Cannery District Phases 1, 3 and 4 Zone Map Amendment
Page 5 of 5
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2015. The effective date of this ordinance is __________, __, 2015.
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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Development Review Application A1 Page 1 of 3 Revision Date 4-27-15
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
CITY OF BOZEMAN
DEPARTMENT OF COMMUNITY DEVELOPMENT
DEVELOPMENT REVIEW APPLICATION
1. PROJECT
Development
Name:
Description:
2. PROPERTY OWNER
Name:
Full Address:
Phone:
Email:
3. APPLICANT
Name:
Full Address:
Phone:
Email:
4. REPRESENTATIVE
Name:
Full Address:
Phone:
Email:
5. PROPERTY
Full Street Address:
Full Legal Description:
Current Zoning:
Current Use:
Community Plan Designation:
A1
151
Development Review Application A1 Page 2 of 3 Revision Date 4-27-15
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
Overlay
District: Neighborhood Conservation Entryway Corridor None
Urban Renewal
District:
Downtown North 7th Avenue Northeast None
6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 25 AND 27)
Gross Area: Acres: Square Feet:
Net Area: Acres: Square Feet:
Dwelling
Units:
Nonresidential Gross Building
Square Feet:
7. APPLICATION TYPES
Check all that apply, use noted forms. Form Form
1. Pre-application Consultation None 17. Informal Review INF
2. Master Site Plan MSP 18. Zoning Deviation None
3. Site Plan SP 19. Zoning or Subdivision Variance
Z/SVAR
4. Subdivision pre-application PA 20. Conditional Use Permit CUP
5. Subdivision preliminary plat PP 21. Special Temporary Use
Permit
STUP
6. Subdivision final plat FP 22 Comprehensive Sign Plan CSP
7. Subdivision exemption SE 23. Zoning Verification ZV
8. Condominium Review CR 24. Regulated Activities in Wetlands
RW
9. PUD concept plan PUDC 25. Zone Map Amendment (non
Annexation)
ZMA
10. PUD preliminary plan PUDP 26. UDC Text Amendment ZTA
11. PUD final plan PUDFP 27. Growth Policy Amendment GPA
12. Annexation and Initial Zoning ANNX 28. Modification/Plan Amendment
MOD
13. Administrative Interpretation
Appeal
AIA 29. Extension of Approved Plan EXT
14. Administrative Project Decision
Appeal
APA 30. Reasonable
Accommodation
RA
15. Commercial Nonresidential COA CCOA 31. Other:
1 6. Historic Neighborhood Conservation Overlay COA
NCOA
8. APPLICATION FEES AND MATERIALS
A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an
estimate.
B. Applications received by a rolling deadline of Wednesday at 5pm will be reviewed to determine if they are acceptable within five working days of the application deadline. Applications deemed acceptable for review will begin staff review immediately or be scheduled for Development Review Committee review in ten working days from the application deadline.
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CANNERY DISTRICT PARTNERS, LLC • 1006 WEST MAIN STREET • BOZEMAN, MT 59715
May 26, 2015
Wendy Thomas, Planning Director
Department of Community Development
City of Bozeman
20 East Olive Street
Bozeman, Montana 59715
Re: Applications for Annexation and Zone Map Amendment – Cannery District
Dear Ms. Thomas:
Enclosed please find Forms A1 (Development Review Application), ANNX (Annexation and Initial Zone
Map Amendment Required Materials), and N1 (Noticing Materials), together with a filing fee in the
amount of $1,505.00. Cannery District Partners, LLC (“CDP”), the owner of the affected property,
submits these materials, and the various materials attached and referenced therein, in application for
annexation and a zone map amendment of the portion of the Cannery District properties (described in the
application materials) presently lying outside the City of Bozeman’s corporate limits and within Gallatin
County.
This application for annexation is somewhat unique in that it seeks formation of an annexation district
pursuant to the provisions of Montana Code Annotated §7-2-4625. As you know, CDP and members of
the City of Bozeman’s staff have been discussing and negotiating the terms and conditions of an
annexation district agreement for the Cannery District property over the past several months. The
enclosed Annexation District Agreement for Cannery District Property (Rev. 5-22-2015) (the
“Agreement”) documents the agreement reached, subject to review and approval by the Bozeman City
Commission. Your Department’s Form ANNX does not specifically contemplate formation of an
annexation district and staged annexation. Consequently, CDP submits its application for annexation and
a zone map amendment with the understanding and intention that the Agreement is an integral part of this
application, and, to the extent there are inconsistencies between the Agreement and the Department’s
forms and information contained therein, the provisions of negotiated Agreement shall control.
As you may recall from prior discussions, the annexation district agreement provides that annexation of
Phases 1, 3, and 4 of the Cannery District (Phase 2 is already within the City limits) will occur in three
stages over a period up to but not exceeding the annexation district’s 7-year term. Paragraph 3(c) of the
agreement further provides that annexation of each phase will be “self-operating” upon the occurrence of
triggering events set out in Paragraphs 3(a) and 3(b) of the agreement, without further administrative
review. For that reason, we have made every effort to submit with this application all information that the
Department will require to review the prospective annexation of all three phases and make
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Zone Map Amendment Required Materials ZMA Page 1 of 3 Revision Date 5-13-15
Required Forms: A1, N1 Recommended Forms: Presentation of submitted plans and specifications
CITY OF BOZEMAN
DEPARTMENT OF COMMUNITY DEVELOPMENT
ANNEXATION AND INITIAL ZONE MAP AMENDMENT
REQUIRED MATERIALS
APPLICATION SETS
3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets. This application is only for a proposed annexation with an initial zone map amendment. If an independent zone map amendment without annexation is proposed see form ZMA.
Complete and signed development review application form A1.
Plan sets that include all items required in the annexation and initial zoning checklist below.
Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 1 set that include 11 x 17 inch plans
2 digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual files must be provided at 5MB or less in size. Files shall be named according to naming protocol.
Notes:
All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x
36 inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between
sections. Plans that are rolled or not bound into sets will not be accepted.
NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1 and materials.
APPLICATION FEE
Base fee: $1,505
APPLICATION DEADLINES
Applications received by a rolling deadline of Wednesday at 5pm will be reviewed to determine if they are acceptable within five working days of the application deadline. Applications deemed acceptable for review will begin Development Review Committee review in ten working days from the application deadline.
ANNEXATION CHECKLIST
1. The following questions pertain to the goals adopted by the City Commission in Commission Resolution No. 3907.
Yes No
a. Is the property contiguous to the City of Bozeman?
b. Is the property wholly surrounded by the City of Bozeman?
c. Is the property currently contracting with the City for municipal services such as
water, sanitary sewer and or fire protection?
a. If so, which City services are currently being contracted for?
d. Does the property lie with the service boundary of the existing sewer system as depicted in the City’s growth policy?
2. The following questions pertain to the policies adopted by the City Commission in Commission Resolution No. 3907.
Yes No
a. Is/Are the property owner(s) willing to dedicate needed easements and/or right-of-way for collector and arterial streets?
ANNX
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Zone Map Amendment Required Materials ZMA Page 2 of 3 Revision Date 5-13-15
Required Forms: A1, N1 Recommended Forms: Presentation of submitted plans and specifications
Yes No
b.Is/Are the property owners(s) willing to sign waivers of right to protest the
creation of future Special Improvement Districts to provide the essential services for future development of the City?
c.Is/Are the property owner(s) willing to transfer usable water rights, or an
appropriate fee in-lieu thereof, to serve the expected population of the land when fully developed?
d.Does the desired future development of the subject property conform 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 this application.
a.If a growth policy amendment is necessary, is it included with this
application?
e.The property will need to be rezoned with an initial urban zoning designation. The zone map amendment will be reviewed concurrently with this application. Is
a zoning map amendment application included with this application?
f.Do unpaved county roads comprise the most commonly used route to gain access to the property?
g.If it is found that adequate services cannot be provided to ensure public health,
safety and welfare, has the property owners(s) provided a written plan for the accommodation of these services?
h.Does the property owner acknowledge that the City of Bozeman assesses a system development/impact fee and agrees to pay any applicable
development/impact fees in accordance with Chapter 3.24 of the Bozeman Municipal Code?
3.If the property is currently in agricultural use please identify current crops/conditions.
4.Number of residential units existing on the property?
5.Number and type of commercial structures on the property?
6.Estimate of existing population of the property?
7.Assessed value of the property?
8.Existing on site facilities and utilities (gas, power, telephone, cable, septic systems, wells, etc.)
9.Any additional information that will be helpful in the City’s review of the application.
ANNEXATION MAP REQUIREMENTS
10.Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet
11.Scale, north point arrow and date of preparation
12.Subject property well defined
13.Land use pattern of surrounding area
14.Existing zoning of surrounding property
15.Boundaries of proposed zoning (if more than one designation being requested) well defined
16.Proximity of all existing and proposed water and sewer mains and extensions
17.Location of all structures on the subject property
18.Adjacent streets and street rights-of-way
19.Existing on-site streets and street rights-of-way
20.Water bodies and wetlands
ZONE MAP AMENDMENT REQUIREMENTS
1.A thorough project narrative including a detailed response to the following for the zone map
amendment:
a. Is the new zoning designed in accordance with the growth policy? How?
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Comma-Q Architecture Cannery District - Zoning Map Amendment April 15, 2015
ANNX -- Annexation and Initial Zone Map Amendment Required Materials -- Zone Map
Amendment Requirements Narrative
a. Is the new zoning designed in accordance with the growth policy? How?
Yes. The Community Plan Land Use map shows the site planned to be Regional Commercial and
Services.
b. Will the new zoning secure safety from fire and other dangers? How?
Yes. The proposed zoning modification would group like uses together, facilitating orderly
response in case of emergencies. The location is within acceptable response times for
emergency services. Building codes will be applied to address necessary building exiting
requirements and similar issues. Any new construction will be designed to comply with
applicable codes and other standards for emergency services.
c. Will the new zoning promote public health, public safety and general welfare? How?
Yes. Public health and safety will be addressed by the development standards of Bozeman
Municipal Code, construction codes and similar guidance for development when future design
and construction occurs on the site. General welfare is promoted by maintaining and increasing
consistency of the zoning map with the Bozeman Community Plan.
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements? How?
Yes. This proposal would allow Cannery District Partners to consider projects that create
better access for deliveries, traffic flow and fire access, and adequate parking.
e. Will the new zoning provide reasonable provision of adequate light and air? How?
Yes. The property located at the proposed zoning modification will be built to zoning
requirements of the Unified Development Code. These applicable setbacks, height and
buffering standards will ensure adequate light and air.
f. Will the new zoning have an effect on motorized and non- motorized transportation systems?
How?
Yes. This proposal allows Cannery District Partners to plan and undertake development
activity that is consistent with the Unified Development Code to improve general traffic flow.
g. Does the new zoning promote compatible urban growth? How?
Yes. The proposed zoning modification will allow the owner to consider projects that will
promote an increase in use of currently underutilized urban structures.
h. Does the new zoning promote the character of the district? How?
Yes. This proposed zoning modification allows Cannery District Partners to consider projects
that will maintain and enhance neighborhood vitality by utilizing urban land that has been
identified for commercial use.
i
Yes. The site is located along a major vehicular route, making it well suited for community
commercial use.
j. Was the new zoning adopted with a view to conserving the values of buildings?
Yes. The proposed zoning modification would allow the rehabilitation of historic buildings on
the site.
k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional
area?
Yes. This proposal established B-2 zoning at this property. B-2 is a zoning designation that
encourages appropriate use of land is consistent with the Bozeman Community Plan.
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