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15240, Staff Report for the Murdoch’s Annexation and Zone Map
Amendment
NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS
PRESENTATION TO THE ZONING COMMISSION ARE SHOWN IN RED.
Public Hearing Date: Zoning Commission public hearing is on July 7, 2015
City Commission public hearing is on July 20, 2015
Project Description: Application 15240 requesting annexation of 3.889 acres and
amendment of the City zoning map for the establishment of a zoning designation of
B-2, Community Business.
Project Location: 2507 and 2511 N. 7th Avenue
Recommendation: Approval with terms of annexation and contingencies
Recommended Annexation Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application 15240 and move to approve
the Murdoch’s Annexation with recommended terms of annexation, and direct staff
to prepare an annexation agreement for signature by the parties.
Recommended Zoning Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application 15240 and move to approve
the Murdoch’s Zone Map Amendment with contingencies required to complete the
application processing.
Report Date: July 1, 2015
Staff Contact: Chris Saunders, Policy and Planning Manager
Brian Heaston, Engineer
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The annexation and initial zoning of four lots, comprising a total of 3.889 acres, in the
Gordon Mandeville State School Section subdivision as B-2. The property is part of an
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unannexed in holding within the City. After this application there will only be one unannexed
property along the N. 7th corridor.
The area is currently developed with a variety of industrial uses. The applicant proposes that
after annexation the site will be cleared and redeveloped for commercial uses. The site is
located in the N 7th Entryway corridor and is a continuation of the developed retail complex
to the south.
Alternatives
As identified by the City Commission.
Zoning Commission
The Zoning Commission held their public hearing on July 7, 2015. There was no public
comment. The Zoning Commission recommended approval of the application with
contingencies as outlined by staff. The video of the public hearing is available at,
http://media.avcaptureall.com/session.html?sessionid=e7733345-1146-4941-b930-
07a3547e229c.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2- RECOMMENDED TERMS OF ANNEXATION ............................................. 8
SECTION 3- RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT...... 9
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
Annexation .......................................................................................................................... 9
Zone Map Amendment ..................................................................................................... 10
SECTION 5 – ANNEXATION STAFF ANALYSIS AND FINDINGS ............................... 10
SECTION 6 – ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .......... 14
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 16
APPENDIX A – NOTICING AND PUBLIC COMMENT ................................................... 16
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APPENDIX B – PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 16
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 17
FISCAL EFFECTS ................................................................................................................. 17
ATTACHMENTS ................................................................................................................... 17
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SECTION 1 - MAP SERIES
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SECTION 2- RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. That the documents and exhibits to formally annex the subject property shall be identified
as the “Murdochs Annexation”.
2. That the applicant execute at the Gallatin County Clerk & Recorder’s Office in
conjunction with the annexation a waiver of right-to-protest creation of S.I.D.’s for a
City-wide Park Maintenance District which would provide a mechanism for the fair and
equitable assessment of maintenance costs for City parks as part of the Annexation
Agreement.
3. An Annexation Map, titled “Murdochs Annexation Map” with a legal description of the
property shall be submitted by the applicant for use with the Annexation Agreement. The
map must be supplied on a mylar for City records (18" by 24"), and a reduced 8 ½" x 11"
or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County Clerk &
Recorder, and a digital copy for the City Engineer’s Office. This map must be acceptable
to the Director of Public Works and City Engineer’s Office, and shall be submitted with
the signed Annexation Agreement.
4. The land owners and their successors shall pay all fire, street, water and sewer impact
fees at the time of connection; and for future development, as required by Chapter 2,
Bozeman Municipal Code, or as amended at the time of application for any permit listed
therein. Fire impact fees for any existing structures will be due at time of final
annexation.
5. That the applicant executes all contingencies and terms of said Annexation Agreement
with the City of Bozeman within 60 days of the receipt of the annexation agreement, or
annexation approval shall be null and void.
6. The annexation agreement shall include notice that, prior to development, the applicant
will be responsible for installing any facilities required to provide full municipal services
to the property in accordance with the City of Bozeman’s infrastructure master plans and
all city policies that may be in effect at the time of development.
7. Unless otherwise filed with property, the Applicant shall provide and file with the County
Clerk & Recorder executed Waivers of Right to Protest Creation of SIDs for the
following:
i. Street Improvements, including but not limited to paving, curb/gutter and
storm drainage facilities for North 7th Avenue.
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The documents filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development or a combination thereof.
SECTION 3- RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related
annexation request has previously been approved.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “Murdochs Zone Map Amendment”.
2. That the Ordinance for the Zone Map Amendment shall not be approved until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation agreement is not approved, the Zone Map Amendment
application shall be null and void.
3. That the applicant submit a zone amendment map, titled “Murdochs Zone Map
Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a
digital copy of the area to be zoned, acceptable to the Director of Public 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.
4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor
and map of the area to be rezoned, which will be utilized in the preparation of the
Ordinance to officially amend the zone map.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) voted on DATE to recommend approval of the requested annexation.
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The City Commission will hold a public meeting on the annexation on DATE. The meeting
will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Murdoch’s Zone Map Amendment (ZMA) is in conjunction with
an Annexation request. Staff’s recommendation and staff responses are predicated on
approval of the annexation.
The Development Review Committee (DRC) considered the amendment on DATES. 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 and will
forward a recommendation to the Commission on the Zone Map amendment. The meeting
will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. The
Zoning Commission recommended approval of the application as submitted and with
contingencies recommended by staff.
The City Commission will hold a public meeting on the zone map amendment on July 20,
2015. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin
at 6 p.m.
SECTION 5 – ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Resolution 3907 Criteria
Resolution No. 3907 Goals
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
The property in question is contiguous to the City limits on three sides and is surrounded by
the City.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the
City, without regard to parcel size.
The subject property is surrounded. One adjacent lot to the north is unannexed and is not part
of this annexation.
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Goal 3: The City shall seek to annex all property currently contracting with the
City for services such as water, sanitary sewer and/or fire protection.
The subject property is not contracting for services.
Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land
proposed for development lying within the service boundary of the existing sewer
system as depicted in the Bozeman Growth Policy, and to encourage annexations within
the urban growth area identified in the Bozeman Growth Policy.
The subject property is within the City’s adopted service areas. Services can be readily
extended to the property to be annexed. The property is in an area designated for urban
development by the growth policy.
Resolution No. 3907 Policies
Policy 1: Annexations shall include dedication of all easements, rights-of-way for
collector and arterial streets, water rights, and waivers of right-to-protest against the
creation of improvement districts necessary to provide the essential services for future
development of the city.
No right of way is required with this annexation. The site is adjacent to a local street right of
way for Flora Lane and N. 7th Avenue. Full right of way for both streets exists. Cash in lieu
of water rights may be deferred until the time of site development per Section 28.23.180,
BMC. The annexation agreement will include standard language advising the applicant of
that future requirement.
Term of annexation 7 requires grant of a waiver of right to protest creation of SIDs to
improve N. 7th Avenue which is the primary access to the site. No other improvement
districts have been identified as likely.
Policy 2: Issues pertaining to master planning and zoning shall be addressed in
conjunction with the application for annexation.
a. The initial application for annexation shall be in conformance with the current Bozeman
Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated
uses, said amendment process may be initiated by the applicant and conducted concurrently
with the processing for annexation.
The property is designated as Regional Commercial and Services.” The proposed annexation
and accompanying B-2 zoning designation are consistent with the future land use map of the
growth policy and Appendix C. No change to the growth policy is needed. No conflicts with
goals and objectives of the growth policy have been identified.
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b. Initial zoning classifications of the property to be annexed shall be determined by the City
Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of
the City Zoning Commission, prior to final annexation approval.
The applicant has applied for a Zone Map Amendment to establish an initial municipal
zoning designation of B-2. The analysis of that application is in Section 6 of this report.
c. The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
The applicant/owner has indicated that they prefer a zoning designation of B-2.
Policy 3: Fees for Annexation procedures shall be established by the City Commission. No
fee will be charged for any City-initiated annexation.
The appropriate application processing and review fees accompanied the application.
Policy 4: It shall be the general policy of the City that annexations will not be approved
where unpaved county roads will be the most commonly used route to gain access to the
property.
The property proposed for annexation has access from N. 7th Avenue, a paved roadway.
Improvements to Flora Lane to the west may be proposed with site development.
Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee available services. Section 38.07.010.C of the Unified
Development Code states: “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed within
that district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services”.
Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to
acquire usable water rights, or an appropriate fee in lieu thereof, equal to the average
annual diversion requirement necessary to provide the anticipated average annual
consumption of water by residents and/or users of the property when fully developed on the
basis of the zoning designation(s). The fee may be used to acquire water rights or for
improvements to the water system which would create additional water supply capacity.
The water right payment or transfer is deferred until time of site redevelopment. This will
enable a more accurate measurement of the demand for services. The annexation agreement
shall provide notice to the applicant and any future land owners of the need to meet this
municipal code requirement.
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Policy 6: Infrastructure and emergency services for an area proposed for annexation will be
reviewed for the health, safety and welfare of the public. If it is found that adequate services
cannot be provided to ensure public health, safety and welfare, it shall be the general policy
of the City to require the applicant to provide a written plan for accommodations of these
services, or not approve the annexation. Additionally, annexation proposals that would use
up infrastructure capacity already reserved for properties lying either within undeveloped
portions of the City limits or lying outside the City limits but within the identified sewer or
water service area boundaries, shall generally not be approved.
City infrastructure and emergency services are available and are provided to surrounding
properties which are already in the City. No conflict with this standard has been identified.
Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any
contiguous property for which city services are requested or for which city services are
currently being contracted.
City services will be used in the redevelopment of the site after annexation. Water services
are presently contracted.
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
Mapping to meet the requirements of the Director of Public works must be provided with the
Annexation Agreement. Typically, this includes an 18-inch x 24-inch mylar map, a reduced
8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes
and bounds legal description of said property. (Mapping requirements are addressed in
Recommended Term of Annexation # 3).
Policy 9: It shall be the policy of the City of Bozeman to assess a system development/impact
fee in accordance with Chpt. 2, Art. 6, Div. 9 Bozeman Municipal Code (Impact Fees), and in
accordance with the Bozeman Growth Policy and other policies as they are developed.
The site will be assessed fees with redevelopment. Only fire fees are due with annexation in
this case. With redevelopment the site will be evaluated again. The annexation agreement
will give notice of this requirement to the applicant and will include the specific amount of
fire impact fees to be paid.
Policy 10: Public notice requirements shall be in compliance with Montana Code
Annotated. In addition, notice shall be posted in at least one conspicuous location on the site
in question, and mailed to all owners of real property of record within 200 feet of the site in
question using the last declared county real estate tax records, not more than 45 days nor
less than 15 days prior to the scheduled action to approve or deny the annexation by the City
Commission, specifying the date, time and place the annexation will be considered by the
City Commission. The notice shall contain the materials specified by Section 38.40.020.A,
BMC. In addition, where a commonly identifiable street address is not visible on the
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property to be annexed, the notice shall provide a map of the area in question so as to
indicate its general location and proximity to surrounding properties.
Notices of the public hearing have been sent and posted on the site as set forth under this
policy.
Policy 11: Annexation agreements shall be executed and returned to the City within 60 days
of distribution of the annexation agreement, unless another time period is specifically
identified by the City Commission.
This policy item is specified in Recommended Term of Annexation #Y.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
SECTION 6 – ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following criteria. As an amendment is a legislative action,
the Commission has broad latitude to determine a policy direction. The burden of proof that
the application should be approved lies with the applicant.
In considering the following criteria the analysis must show that the amendment
accomplishes criteria A-D or is neutral. Criteria E-K must be considered and may be found to
be affirmative, neutral, or negative. A favorable decision on the proposed application must
find that the application meets all of criteria A-D and that the positive outcomes of the
amendment outweigh negative outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The property is designated as Regional Commercial and Services on the future land
use map in the Bozeman Community Plan. The requested B-2 zoning district is an
implementing district for that designation. The plan encourages development of infill projects
which will be supported by the requested zone. A review of the goals and objectives shows
no conflicts.
B. Secure safety from fire and other dangers.
Neutral. The B-2 zone has been found to address this concern. Annexation and resulting
zoning will provide access to municipal services which will improve emergency service
response to the site.
C. Promote public health, public safety, and general welfare.
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Yes. Redevelopment of the site to B-2 uses will support the local economy. The
development of additional jobs within the existing developed area of the community will take
good advantage of existing public investments in infrastructure. Redevelopment of the site
will assist in improving public infrastructure such as the addition of sidewalks along N. 7th
Avenue.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. Development of the site will expand the municipal infrastructure in the area. The current
uses on the site do not meet City standards. Redevelopment will require infrastructure to be
brought to standard.
E. Reasonable provision of adequate light and air.
Yes. The required setbacks and parking requirements of the B-2 zone will ensure that
adequate light and air are available.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The change to B-2 will have no material effect on the transportation system. The
site has been developed for many years. The adequate right of way for adjacent streets has
already been provided. The site will be provided with adjacent sidewalks with redevelopment
which will incrementally expand the non-motorized transportation system.
G. Promotion of compatible urban growth.
Yes. The City supports infill and redevelopment of existing sites. Developing more
intensively in the interior of the community lessens conflict on the fringes.
H. Character of the district.
Yes. The area is primarily developed with retail and office uses. The B-2 district supports
both of these uses. The property to the south is already zoned as B-2.
I. Peculiar suitability for particular uses.
Neutral. The site is generally uninhibited and could be developed with many different uses
and zoning districts. The existing commercial character of the area is compatible with the
proposed B-2 district.
J. Conserving the value of buildings.
Neutral. The applicant has indicated that they intend to remove the existing structures in
order to facilitate redevelopment of the site. This is allowed with or without the change in
zoning. The B-2 zone is compatible with adjacent uses.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
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Yes. The redevelopment of the site will support the development of more intensive
commercial uses in an existing commercial area. Infill of the site advances the community’s
interests in development at outlined in Chapter 3 of the growth policy.
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 – NOTICING AND PUBLIC COMMENT
The site was posted with a public notice at least 15 days and not more than 45 days prior to
the public hearings. A notice was published in the Bozeman Daily Chronicle legal notices. A
notice was mailed to allow owners within 200 feet of the site.
No public comments have been received as of the writing of this report. No public comment
was received prior to or at the Zoning Commission public hearing.
APPENDIX B – PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as Regional Commercial and Services. Bozeman is a retail,
education, health services, public administration, and tourism hub and provides opportunities
for these activities for a multi-county region. Often the scale of these services is larger than
would be required for Bozeman alone. Because of the draw from outside Bozeman, it is
necessary that these types of facilities be located in proximity to significant transportation
routes. Since these are large and prominent facilities within the community and region, it is
appropriate that design guidelines be established to ensure compatibility with the remainder
of the community. Opportunity for a mix of uses which encourages a robust and broad
activity level is to be provided. Residential space should not be a primary use and should
only be included as an accessory use above the first floor. Any development within this
category should have a well integrated transportation and open space network which
encourages pedestrian activity, and provides ready access within and to adjacent
development.
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Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of “B-2” (Community Business District) in association
with the annexation of the property. 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.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Rocky Mountain Retail LLC, 2275 N 7th Avenue, Bozeman TM 59715
Representative: CTA, Inc. 411 E. Main Street, Ste 101, Bozeman MT 59715
Report By: Chris Saunders, Policy and Planning 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
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Executive Summary:
Rocky Mountain Retail LLC (Murdoch’s) has purchased the approximately 3.9 acres immediately north of
their existing location on N. 7th Avenue for the construction of a new corporate headquarters. As part of this
project, Murdochs is requesting Annexation, (and an associated Zone Map Amendment to B-2), of this
property into the City of Bozeman. This annexation and zone map amendment will facilitate a substantial
redevelopment project which will greatly enhance and solidify the N. 7th Avenue commercial corridor.
The subject property currently contains four older warehouse (quonset hut) type buildings that will be
removed to allow for redevelopment of the subject property. New sewer and water main extensions/services
will be constructed to replace the existing water and septic systems currently serving the buildings. Following
completion of the preliminary design details for this new facility, a site plan and certificate of
appropriateness will be submitted to the City for review and approval.
Enclosed are the required submittal materials for the annexation and zone map amendment including the
annexation checklist responses and the mapping exhibit.
Zone Map Amendment Checklist Responses:
1.a. Is the new zoning designed in accordance with the growth policy? How?
Response: Yes, the proposed B-2 (Community Business) zoning is the primary zoning classification designated
to implement the underlying “Regional Commercial and Services” Future Land Use Map designation of the
City’s adopted Growth Policy (ref. Table C-16 - Zoning Correlation with Land Use Categories of the Bozeman
Community Plan). The adjacent Murdochs property to the immediate south is also zoned B-2.
The proposed B-2 zoning for this property is also compliant with one of the primary land use objectives of the
adopted Bozeman Community Plan which states:
“Objective LU-1.4: Provide for and support infill development and redevelopment which provides
additional density of use while respecting the context of the existing development which surrounds
it…”
1.b. Will the new zoning secure safety from fire and other dangers? How?
Response: Yes, B-2 zoning, (and the affiliated annexation of the subject property), will allow for the
redevelopment of the subject property according to current City standards which will secure fire protection
and other public safety measures.
1.c. Will the new zoning promote public health, public safety and general welfare? How?
Response: Yes, B-2 zoning, (and the affiliated annexation of the subject property), will allow for the
redevelopment of the subject property according to current City standards which will assure that the public
health, safety and general welfare have been promoted. Also, as the proposed B-2 zoning is in compliance
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with the underlying “Regional Commercial and Services” Future Land Use designation of the Bozeman
Community Plan, the overall land use and development goals of the City will be achieved.
1.d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements? How?
Response: Yes, redevelopment of the subject property under the City’s B-2 zoning and the associated site
plan and certificate of appropriateness review process will assure that adequate standards have been
achieved for public infrastructure and services to accommodate redevelopment of the subject property.
1.e. Will the new zoning provide reasonable provision of adequate light and air? How?
Response: Yes, the requested B-2 zoning and associated setback, height and building code requirements
assure that adequate light and air is provided both on the property and to other adjacent properties.
1.f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How?
Response: Yes, while there will likely be a net increase in transportation (trip generation) related impacts
from the site upon redevelopment, the future site plan and certificate of appropriateness review process will
address both vehicular and pedestrian access and circulation to assure that these systems have been
designed and reviewed in accordance with current standards.
1.g. Does the new zoning promote compatible urban growth? How?
Response: Yes, the proposed B-2 zoning and corresponding redevelopment of the site will be compatible
with the existing commercial development pattern and uses in this immediate area of N. 7th Avenue. As the
B-2 zoning is also compliant with the underlying “Regional Commercial and Services” land use designation of
the Future Land Use Map, it is also assumed that this zoning is considered compatible urban growth for this
area due to the previous public process that established this future land use designation.
1.h. Does the new zoning promote the character of the district? How?
Response: Yes, the character of the immediate district (N. 7th Corridor) will be enhanced through the
establishment of B-2 zoning and the redevelopment of the subject property which includes removal of the
existing quonset hut type structures on the site.
1.i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
Response: Yes, B-2 zoning is particularly suited to this property as this same zoning already exists to the
immediate south and commercial development is encouraged for this area within the City adopted Growth
Policy/Land Use designation.
1.j. Was the new zoning adopted with a view to conserving the value of buildings? How?
Response: Neutral. Any new zoning of the subject property would likely be followed by a request for
redevelopment of the subject property and demolition of the existing buildings on the site. B-2 zoning and
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redevelopment in accordance with current City standards will likely enhance the value of other existing
buildings in the area.
1.k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area?
Response: Yes, B-2 zoning will allow the property to redevelop to its highest and best use in accordance with
the desires of property owner and the City as recognized by the “Regional Commercial and Services” Future
Land Use Map designation as identified in the City’s adopted Growth Policy. This commercial designation was
previously identified through an appropriate comprehensive planning process to be the appropriate zoning
and land use for this area of the City.
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Murdoch Family Limited Partnership
2275 N 7th Ave
Bozeman, MT 59715-2536
State of Montana
PO Box 201601
Helena, MT 59620-1601
PDI Investments, LLC
431 N 7th Ave
Bozeman, MT 59715-3309
Northern Energy Inc.
PO Box 965
Valley Forge, PA 19482-0965
Power River Company LLC
1000 Abigail Ranch Rd
Bozeman, MT 59715-0600
Rocky Mountain Retail LLC
2275 N 7th Ave
Bozeman, MT 59715-2536
Bridger Industrial Park LP
1276 N 15th
Suite 103
Bozeman, MT 59715
190