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HomeMy WebLinkAboutA4. GPA Simmental WayPage 1 of 23 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Planning Board Hearing Date: November 3, 2015 City Commission Hearing Date: December 7, 2015 Project Description: A Growth Policy Amendment to revise the Future Land Use Map, Figure 3-1 of the Bozeman Community Plan, that would change the future land use classification from Industrial to Regional Commercial and Services on 7.406 acres of property located at 1 Simmental Way. Project Location: Addressed as 1 Simmental Way, and legally described as Tract 2, Lot 1 of the Gardner-Simmental Plaza Subdivision located in East ½ of Section 35, T1S, R5E, City of Bozeman, Gallatin County, Montana. Recommendation: Do not approve the requested amendment. Planning Board Recommended Motion: “Having reviewed and considered the application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report and recommend approval of the growth policy amendment application no. 15-429 with contingencies.” City Commission Recommended Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for Resolution No. 15429 a resolution of intent to amend the growth policy per application no. 15-429 and move to approve the growth policy amendment with contingencies.” Report Date: Monday, November 30, 2015 Staff Contact: Allyson B. Brekke, Associate Planner Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues Staff finds that this application does not meet the required criteria for a growth policy amendment. Project Summary The Simmental Growth Policy Amendment application seeks to change the future land use classification on 7.406 acres of property located at 1 Simmental Way from Industrial to Regional Commercial and Services. This property is a single parcel of land within the Gardner-Simmental 333 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 2 of 23 Plaza Subdivision, platted in 1974. It is anticipated that the property owner would proceed to a Zone Map Amendment application if the Growth Policy Amendment is approved by the City Commission. Staff has identified three primary community interests when considering the change from Industrial to Regional Commercial and Services in addition to the specific review criteria discussed in Section 4: 1) The predominately industrial history and character of the land east of North 19th Avenue and west of Interstate 90; 2) Future limitations on an additional access to North 19th Avenue from the subject property which would be required to accommodate large traffic volumes typical of a regional commercial development without an adequate street network; and 3) Reduction of the already limited number of acres of annexed and subdivided industrial land. As further discussed under the growth policy amendment criteria in Section 4 of the report, Staff is required to make a key finding that the growth policy amendment proposed is better for the community as a whole and not just for the current property owner, or potential new property owner. If a single parcel of land is proposed for a growth policy amendment, all responsibilities to support this finding are held by that parcel alone. The growth policy amendment criteria give guidance in evaluating an amendment proposal. To reach a favorable decision on the proposed application the Planning Board and City Commission must find that the application meets all of criteria 1-4 and that the positive outcomes of the amendment outweigh negative outcomes. Further stated in Section 17.4 of the Bozeman Community Plan, “Unless all criteria are successfully met by demonstrable facts, an amendment shall not be approved.” Staff’s analysis and findings conclude that the Simmental Growth Policy Amendment does not meet all of the amendment criteria, and therefore is recommending that the Planning Board and City Commission not approve the amendment request. Planning Board Review The Planning Board held a public hearing on the Simmental Growth Policy Amendment on November 3, 2015. The Board disagreed with staff’s findings that the application does not meet the required criteria for a growth policy amendment and recommended approval of the amendment request to the City Commission with the standard two contingencies. The draft Planning Board meeting minutes are attached to this report. Alternatives 1. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; 334 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 3 of 23 2. Approve the application with the recommended contingencies after making findings in support of compliance with the criteria; 3. Approve the application with modifications to the recommended contingencies after making findings in support of compliance with the criteria; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2- CONTINGENCIES OF APPROVAL .............................................................. 10 SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS .................................... 11 SECTION 4 - STAFF ANALYSIS AND FINDINGS ........................................................... 11 Section 17.4, Bozeman Community Plan Amendment Criteria. ...................................... 11 APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............. 20 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 21 APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 22 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 22 FISCAL EFFECTS ................................................................................................................. 22 ATTACHMENTS ................................................................................................................... 22 335 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 4 of 23 SECTION 1 - MAP SERIES Figure 1: Current Zoning Map N 336 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 5 of 23 Figure 2: Current Land Use N 337 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 6 of 23 Figure 3: Future Land Use N 338 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 7 of 23 Figure 4: Northwest Quadrant of Vacant Commercial and Industrial Land N 339 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 8 of 23 Figure 5: Northeast Quadrant of Vacant Commercial and Industrial Land N 340 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 9 of 23 Figure 6: Southwest Quadrant of Vacant Commercial and Industrial Land N 341 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 10 of 23 Figure 7: Southeast Quadrant of Vacant Commercial and Industrial Land SECTION 2- CONTINGENCIES OF APPROVAL If the City Commission approves the application, the following contingencies are necessary for the City to complete the processing of the proposed amendment. N 342 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 11 of 23 Contingencies of Approval: 1) The applicant shall submit, within forty-five (45) days of approval by the City Commission, an 8½- x 11-inch or 8½- x 14-inch exhibit entitled “Simmental Growth Policy Amendment” to the Department of Community Development containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Department of Community Development. 2) The resolution for the growth policy amendment shall not be drafted until the applicant provides an exhibit of the area to be re-designated, which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman Community Plan. SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS Project Name: Simmental Growth Policy Map Amendment Application No.: 15-429 Having considered the criteria established for the Simmental Growth Policy Amendment, the Planning Division Staff recommends against the amendment application. The Development Review Committee (DRC) considered the amendment on October 14 and 21, 2015. The DRC did not identify any infrastructure or regulatory constraints which would impede the approval of the application. The Planning Board conducted a public hearing on the growth policy amendment request on November 3, 2015 and made a recommendation for approval to the City Commission. The meeting draft minutes are attached to this report. The City Commission hearing was continued from November 23, 2015 to December 7, 2015. SECTION 4 - STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission shall consider the following criteria. A growth policy amendment is a legislative action and the Commission has broad latitude to determine a policy direction when acting on an amendment request. The burden of proof that the application should be approved lies with the applicant. The following criteria give guidance in evaluating a proposal. Section 17.4, Bozeman Community Plan Amendment Criteria. 1. The proposed amendment must cure a deficiency in the growth policy, or improve the growth policy, to better respond to the needs of the general community; The term “deficiency” is not defined in the growth policy. The Merriam-Webster dictionary defines it as: “a lack of something that is needed; the state of not having enough of something necessary: a problem in the way something is made or formed”. 343 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 12 of 23 The applicant’s representative claims in the application’s submittal that the change of the subject property from an Industrial designation to a Regional Commercial and Services will enable the property to become a part of the greater North 19th Avenue regional commercial corridor; and that the industrial designation is a carryover from when North 19th Avenue was not developed and not a primary entryway into the City. While this argument might have merit, Staff is reluctant to change the growth policy designation of just one parcel of land out of several along the east side of the North 19th Avenue corridor. If this argument does have merit it could be applied to a larger area than just the single parcel. As stated in Section 17.3 of the Bozeman Community Plan, “A series of small changes may result in large cumulative change to the growth policy.” Staff further believes that there is a greater benefit to the community to hold off on the growth policy amendment until the larger community wide growth policy update occurs, which would allow for a more detailed and expansive analysis of the desired development types at the North 19th Avenue and Interstate 90 intersection and along the N 19th Avenue corridor. Staff has identified three primary community interests when considering the change from Industrial to Regional Commercial and Services in addition to the specific review criteria discussed in Section 4: 1) The predominately industrial history and character of the land east of North 19th Avenue and west of Interstate 90; 2) Future limitations on an additional access to North 19th Avenue from the subject property which would be necessary to accommodate the large traffic volume typical of a regional commercial development without an adequate street network; and 3) Reduction to the already limited number of acres of annexed and subdivided industrial land. Consideration: 1) The Gardner-Simmental Subdivision was platted in 1974 and appears as M-1 (Light Industrial) zoning on the 1984 Bozeman Zoning Map. This map is the first available map for review. An archive of the older zoning maps is available through the City’s laserfiche system. This section was just one of three areas north of Baxter Lane and west of 19th Avenue with a City of Bozeman zoning designation at that time. North 19th Avenue was a county road north of Durston Road and was originally shown in the location of Simmental Way on the Gardner-Simmental Subdivision. It was later rerouted slightly west so that it ran along the west side of the subdivision. So while the initial designation of this property as industrial could be seen as a carryover from early city planning efforts where it was thought best to place industrial on the fringe of the community boundaries, it has served the community a purpose by providing areas for industrial uses with convenient access to the interstate. The underlying land use designation has been consistent in the 1990 Bozeman Master Plan, the Bozeman 2020 Community Plan, and the current Bozeman Community Plan. These plans show the entire Gardner-Simmental Subdivision designated as Industrial. The City also considered the 344 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 13 of 23 appropriate nature of development in the area as part of the N. 19th Avenue/Oak Street Corridor Master Plan which was adopted in 1997. The corridor plan looked at evolving land use needs in the corridor due to the opening of the N 19th Avenue/I-90 interchange. The corridor plan retained the entire Gardiner-Simmental subdivision as industrial uses. The predominant change in land designation that occurred along this section of North 19th Avenue was a portion of the west side, between Baxter Lane and Cattail Street, changed from an Industrial designation to Regional Commercial and Services between the 1990 Bozeman Area Master Update Plan and the Bozeman 2020 Community Plan (completed in 2001). Section 1 – Map Series, includes four maps which show the current location of vacant and undeveloped properties with individual parcels outlined in yellow. The solid colored areas represent commercial and industrial zoning districts. A yellow outlined parcel over a solid background represents a vacant parcel in a business or industrial area. As depicted on that map set, there are few moderate to large available parcels for industrial uses in Bozeman. This represents a substantial concern to be more comprehensively addressed in the upcoming update to the growth policy. 345 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 14 of 23 Figure 8: Excerpt of the Master Plan Map from the 1990 Bozeman Area Master Plan Update N 346 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 15 of 23 As shown on the on the Existing Land Use in Section 1, there are a variety of land uses in the surrounding area. However, the majority of the Gardner-Simmental Subdivision is not vacant and is operating as industrial uses. This indicates the land use designation is not deficient but is meeting a community need for industrial land. 2) In the memorandum from Shawn Kohtz, Project Review Engineer, to the Development Review Committee (attached to this report), it is stated that a secondary access to North 19th Avenue from this subject property may not be feasible. City Engineering would prefer to connect Simmental Way with North 19th Avenue at the intersection of 19th Avenue and Valley Center Road. The Montana Department of Transportation has indicated that this connection is not feasible due to the rest stop area to the north of the subject property. They have consistently maintained this position over time. Making simple assumptions based on the types of uses and current zoning classification, and correlating those types with the 9th Edition Institute of Transportation Engineers (ITE) Trip Figure 9: Excerpt of the Future Land Use Map from the 2020 Community Plan 347 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 16 of 23 Generation Manual, hypothetical traffic generation scenarios can be created to compare traffic impacts on the proposed future lands use change. Perhaps the most significant impact on the existing community is increased traffic generated by regional commercial activity on weekends. The analysis below assumes average daily Saturday trips. The existing property is zoned as M-1 (Light Manufacturing District). Table 38.12.020, BMC, shows permitted uses in that zoning district. M-1 zoning permits automobile sales, food processing facilities, automobile fuel sales, warehousing and mini-warehousing. Referring to the ITE manual land use category 151 (Mini-Warehouse) generates an average of 2.33 daily trips on a Saturday per 1,000 square feet gross floor area. It is anticipated the applicant would change the property’s zoning from M-1 to B-2 (Community Business District) as that is the primary zoning district correlated with the Regional Commercial and Services land designation category. Table 38.10.020, BMC, shows permitted uses in the B-2 zoning district. B-2 zoning permits apartments, hospitals, hotels, restaurants, and large scale retail to name a few. Again, using an example from the ITE a Shopping Center (820) generates an average of 49.97 daily trips on a Saturday per 1,000 square feet of gross floor area. A change in the land use designation from Industrial to Regional Commercial and Services could create an increase of 47.64 daily trips on a Saturday per 1,000 square feet of gross floor area. This represents a 2,145 percent increase in daily trips. Other commercial and industrial uses will have variable trip generation rates, but as demonstrated in this example, commercial rates tend to be considerably higher than industrial uses. Once a property’s zoning district is changed all possible uses allowed within the district must be considered as possible uses. The B-2 district, the probable implementing district for this proposed change, has a very wide range of allowed uses. Connectivity to the significant transportation routes is a vital piece of infrastructure to address that type of traffic demand. Access to the subject property is limited and development of the site with non-industrial uses will require infrastructure upgrades which may impact adjacent industrial users. Pedestrian access is very limited with the nearest pedestrian connection at Cattail Street being almost 1,700 feet along Simmental Way and Deadman’s Gulch from the nearest street access to the site. 3) The requested growth policy amendment seeks to alter the current designation from Industrial to Regional Commercial and Services. Table C-16 in the Community Plan details the associated zoning classifications correlated with each land use category. Staff reviewed the 2014 Annual Land Use Inventory Report, which includes data as of December 31, 2014, to compare the available industrially zoned land (M-1, M-2, NEHMU and BP zoning districts) to the available regional commercial zoned land (B-2 and UMU zoning districts). The correlation between land use designation and zoning can be found in Table C-16 in the Bozeman Community Plan Availability was defined as either vacant (land that is currently developed and ready to be 348 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 17 of 23 occupied by buildings but is unoccupied) or undeveloped (land that is not ready to be occupied by buildings and needs to be subdivided and needs infrastructure). The report indicated 444.3 acres of regional commercial zoned land compared to 372.3 acres of industrial zoned land. It’s important to note that the total of available industrial zoned land includes the North Park Properties, which is 85 acres of City owned land zoned M-2 and 190 acres of State owned land zoned M-1. At this time the North Park Properties is significantly constrained due to the existence of an endangered species on the property. The removal of the North Park Properties significantly decreases the acreage of available industrial land, down to just 97.3 acres. Additionally, the City has approved several site plan projects in 2015 that have developed previously vacant industrial land and which are not yet reflected in the land use inventory. This data would suggest a large amount of B-2 zoned land is sitting out on the real estate market and still not developed. Increasing the amount of excess commercial land while reducing a very scarce resource of industrial land is in conflict with the Community Plan’s goal of achieving a healthy mix of land uses. 2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals and objectives. The growth policy amendment application is for a property 7.406 acres in size. This is a relatively small piece of property that is also isolated from the Regional Commercial and Services designated property to the west of North 19th Avenue. The property to the north is designated as PLI and has an active interstate rest stop. It is unlikely the land use designation would ever change for that property in the foreseeable future. The properties immediately adjacent and further to the south are all active industrial uses, with some that recently expanded (The Flooring Place). Therefore, the Simmental property potentially could be viewed as a flag lot of Regional Commercial and Services designated land by being the only type east of North 19th Avenue. This would create a slight inconsistency with the Community Plan’s Future Land Use Map, Figure 3-1. In the Community Plan, Objective ED-2.4 states “Foster a diverse economy that will protect the economic climate for existing businesses and maintain opportunities for business expansion.” As discussed above, the removal of industrially designated land from an already limited supply could be seen as conflict to diversifying an economy. The Economic Development Division was asked to provide comment on the application but none was received at the time of writing this report. 3. The proposed amendment must be consistent with the overall intent of the growth policy; The intent of the growth policy as expressed in Sections 1.2, 2.1, and 3.2 does not appear to be in conflict with the application. There are goals and objectives addressing and encouraging both industrial development and commercial development. A balance must be made between both. On 349 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 18 of 23 page 3-6 the growth policy states: “The needs of new and existing development must coexist and remain in balance.” On page 3-7 of the Community Plan, Goal LU-2 states “Designate centers for commercial development rather than corridors to encourage cohesive neighborhood development in conjunction with non-motorized transportation options.” The applicant’s argument that the east side of North 19th Avenue can help strengthen the regional commercial corridor is in slight conflict with this growth policy goal. The existing regional commercial center on the west side of North 19th Avenue still has room to grow to the south where the land is already designated as Regional Commercial and Services. On page 3-17 the growth policy states: “Continued development of the community brings change. These changes will bring mutual costs and benefits, as well as some detriments and benefits from the actions of others which are felt more individually. In preparing and executing implementation it is important to preserve fairness and reasonableness. Regulations may be expected to seek mitigation of substantial actual impacts, not minor or only perceived impact on preferences which are not supported by evidence. The established review criteria are an effort to provide balance and consideration for all the affected parties in the evaluation of development impacts. The use of public facilities in conformance with the standards and programs adopted by the City is not an unreasonable or burdensome impact of development. The City’s standards, while respectful of the community values and diversity of interests, will not yield outcomes which satisfy every person in each situation.” As discussed under Criterion 1, the proposed growth amendment for this single parcel of land does not address a deficiency to the growth policy. Staff is therefore unsupportive of the amendment and encourages to delay the growth policy amendment until the larger community wide growth policy update occurs, which would allow for a more detailed analysis of the desired development at the North 19th Avenue and Interstate 90 intersection. In examination of the community as a whole a different balance of uses which is an improvement might be identified. In the Community Plan, Objective ED-2.4 states “Foster a diverse economy that will protect the economic climate for existing businesses and maintain opportunities for business expansion.” As discussed above, the removal of industrially designated land from an already limited supply could be seen as conflict to diversifying an economy. 4. The proposed amendment will not adversely affect the community as a whole or significant portion by: Significantly altering land use patterns and principles in a manner contrary to those established by this plan, Current land use patterns are shown in the map series in Section 1. There is both commercial and industrial land use in the general vicinity of the subject property. 350 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 19 of 23 The requested growth policy amendment would amend 7.406-acres of land originally intended for industrial development. The other commercially zoned areas in the vicinity are occurring to the west of North 19th Avenue according to adopted plans and design guidelines. The applicant states the proposed amendment does not significantly alter existing and future land use patterns. The validity of this statement depends on scope. If you consider the entire Bozeman Community Plan area it is a small change. On the other hand looking at the proposed change on micro scale the amendment has significant policy implications. The requested growth policy amendment will not significantly alter land use patterns and principles in and of itself. However, it represents an encroachment on a scarce and necessary community resource. Further discussion related to this criterion is presented under the analysis of the criteria above. Requiring unmitigated larger or more expensive improvements to streets, water, sewer, or other public facilities or services, thereby impacting development of other lands, The area is already served with water and sewer services. As included in the DRC memorandum issued by Shawn Kohtz, Development Review Engineer, the proposed change of land use designation from Industrial to Regional Commercial and Services will likely require an improvement to the Simmental Way right-of-way, specifically terminating the dead-end and connecting it to the existing transportation network. Additional right-of-way or access easements with adjacent properties would likely be required. Pedestrian facilities do not exist along this section of Simmental Way or Deadman’s Gulch. These frontages are along parcels owned by others who are not part of this application. This represents a potentially substantial off- site required improvement. Exact required improvements would be identified through the development review process as would occur elsewhere in the community. The applicant has not addressed these issues in their application. Adversely impact existing uses because of unmitigated greater than anticipated impacts on facilities and services, The proposed amendment would generally not require significant improvements to water, sewer, or other services. As noted above, the adjacent street network would be examined to determine how the dead-end of Simmental Way could be removed. At this time, it is unclear how the increase of vehicular and pedestrian traffic generated by commercial activity would be integrated into the existing North 19th Avenue transportation system. At this time, it is unclear how the change would affect existing industrial users. Negatively affect the livability of the area or the health and safety of the residents. Due to the fact residential development is not in close proximity of the property, the proposed land use designation change would likely not negatively affect the livability of the area of the area or the health and safety of residents. 351 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 20 of 23 APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS Zoning Designation and Land Uses: The property is presently not annexed. Under the Gallatin County zoning the property is designed M-1, Light Industrial. The property is presently used for pasturing animals and is crossed by an access road to the East Gallatin Recreation Area. Adopted Growth Policy Designation: The following designations are applicable to this application. (Proposed) 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. (Existing) Industrial. This classification provides areas for the uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In order to protect the economic base and necessary services represented by industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger community and shall meet basic standards for landscaping and other site design issues and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony. The following excerpt from the growth policy describes the future land use map. 3.5 Future Land Use Map Figure 3-1 (pocket in back) is the future land use map for the Bozeman Community Plan. It is a synthesis of many different ideas, public input, existing conditions, and existing and desired land use patterns for the future. The map is the visual representation of the land use patterns and ideas discussed in this chapter, and elsewhere throughout this document. The map shows in a very broad manner acceptable uses and locations throughout the community. It does not represent a 352 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 21 of 23 commitment by the City to approve every development proposed within each category. Neither does a designation indicate that a property is free from constraints to development The map and other elements of this plan must be weighed and evaluated in conjunction with the specific details of a proposed project which are beyond the scope of this plan but will be addressed through the implementation tools discussed in Chapter 16 and Appendix I. The provisions of any intergovernmental agreement between the City and County regarding land use will influence the final development pattern with the defined planning area. The boundaries shown on the map are of necessity at a large scale. As a result some interpretation may be required in the future. It is the intent of the map to follow natural and visible boundaries such as streams or right-of-ways where possible. Within developed areas, boundaries generally follow parcel boundaries established by recorded plats or certificates of survey. Where such natural or legal boundaries do not exist, some minor flexibility in the interpretation of the boundary is allowed to the Director of the Department of Planning and Community Development so long as the exercise of that flexibility is not contrary to the intent, purposes, or goals of this plan and does not materially alter the desired land pattern in an area. If significant alterations or modifications are desired, an amendment to this plan must be undertaken. This plan looks at a twenty-year horizon as well as the current situation, so it is to be expected that some areas which are not in conformance with the plan will be identified. This plan recognizes the presence of these uses without specifically mapping or otherwise identifying them. It is desired that these anomalies be resolved over the term of this plan so that the land use pattern identified herein may be completed. APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description: The Simmental Growth Policy Amendment application seeks to change the future land use classification on 7.406 acres of property located at 1 Simmental Way from Industrial to Regional Commercial and Services. This property is a single parcel of land within the Gardner-Simmental Plaza Subdivision, platted in 1974. It is anticipated that the property owner would proceed to a Zone Map Amendment application if the Growth Policy Amendment was approved by the City Commission. Project Background: The property is located in the Gardner-Simmental Subdivision that was platted in 1974. The subdivision appears as M-1 (Light Industrial) zoning on the 1984 Bozeman Zoning Map. This section was just one of three areas north of Baxter Lane and west of 19th Avenue with a City of Bozeman zoning designation at that time. North 19th Avenue was a county road north of Durston Road and was originally shown in the location of Simmental Way 353 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 22 of 23 on the Gardner-Simmental Subdivision. It was later rerouted slightly west so that it ran along the west side of the subdivision. The underlying land use designation has been consistent in the 1990 Bozeman Master Plan, The North 19th Avenue/Oak Street Corridor Master Plan, the Bozeman 2020 Community Plan, and the current Bozeman Community Plan. These plans show the entire Gardner-Simmental Subdivision designated as Industrial. It is unknown when the existing building on the property was built. The building has served as the Bozeman’s office of the American Simmental Association, who is also the current owner of the property. That group is constructing a new building at a different location and exploring options for the sale of the Simmental Way property. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice of the public hearings before the Planning Board and City Commission was given by first class US mail to all property owners within 200 feet of the site. The site was posted with a copy of the notice. The notice was also published in the Bozeman Daily Chronicle at least 15 days and not more than 45 days prior to the public hearings. No public comment was received as of the writing of this staff report. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Property Owner/Applicant: American Simmental Association Inc., c/o Wade Shafer, 1 Simmental Way, Bozeman, MT 59718 Representative: Madison Engineering LLC, 895 Technology Blvd. Suite 203, Bozeman MT 59718. Report By: Allyson B. Brekke, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this growth policy 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 Planning Board Resolution No. 15429 354 Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429 Page 23 of 23 Planning Board Draft Meeting Minutes from November 3, 2015 Memo from Shawn Kohtz, Project Review Engineer, to DRC 355 Simmental Growth Policy Amendment 1 RESOLUTION NO. 15429 RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING AN AMENDMENT TO FIGURE 3-1, FUTURE LAND USE MAP, BOZEMAN COMMUNITY PLAN, THAT WOULD CHANGE THE FUTURE LAND USE CLASSIFICATION FROM INDUSTRIAL TO REGIONAL COMMERCIAL AND SERVICES ON 7.406 ACRES OF PROPERTY LOCATED AT 1 SIMMENTAL WAY AND LEGALLY DESCRIBED AS TRACT 2, LOT 1 OF THE GARDNER-SIMMENTAL PLAZA SUBDIVISION LOCATED IN THE EAST ½ OF SECTION 35, T1S, R5E, PMM, GALLATIN COUNTY, MONTANA. WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-601, M.C.A.; and WHEREAS, the City of Bozeman Planning Board has been created by ordinance by the Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and WHEREAS, the property owner American Simmental Association, Inc, and their representative Madison Engineering LLC, submitted a growth policy amendment that would change the future land use classification from Industrial to Regional Commercial and Services on 7.406 acres of property located at 1 Simmental Way; and WHEREAS, the proposed Growth Policy Amendment Application has been properly submitted, reviewed, and advertised in accordance with the required procedures; and WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, November 3, 2015, to review the application and any written public testimony on the application; and WHEREAS, no members of the general public provided written testimony on the matter of the growth policy amendment application; and WHEREAS, the Department of Community Development, based on the materials and information provided by the Applicant and analysis of the proposal included in the Staff Report, recommended not to approve the requested Growth Policy Amendment; and WHEREAS, the City of Bozeman Planning Board reviewed the application against the criteria for amendments established in Chapter 17 of the Bozeman Community Plan; and WHEREAS, the City of Bozeman Planning Board reviewed the application, Staff Report, and Applicant testimony against the criteria for amendments established in Chapter 17 of the Bozeman Community Plan finding the Application did overcome the burden of proof with the following summary findings:  The subject property’s surrounding area has changed significantly over the years to more of a commercial character, rather than industrial.  The intersection of 19th and Interstate 90 should be a gateway into the community, and commercial uses would support such a entrance.  Changing to a commercial designation better serves the public interest.  The subject property doesn’t provide a sufficient amount of space for manufacturing uses. 356 Simmental Growth Policy Amendment 2 WHEREAS, the City of Bozeman Planning Board voted 6-0 to forward a recommendation of approval to the City Commission for the growth policy amendment request with the two contingencies recommended by the Community Development Department; NOW, THEREFORE, BE IT RESOLVED, having heard and considered public comment, application materials, and staff findings the City of Bozeman Planning Board voted 6-0 to officially recommend to the Bozeman City Commission approval of growth policy amendment application no. 15429 to amend Figure 3-1, Future Land Use Map, Bozeman Community Plan change the future land use classification from Industrial to Regional Commercial and Services on 7.406 acres of property located at 1 Simmental Way and legally described as Tract 2, Lot 1 of the Gardner-Simmental Plaza Subdivision located in the East ½ of Section 35, T1S, R5E, City of Bozeman, Gallatin County, Montana, subject to the following contingencies: 1) The applicant shall submit, within forty-five (45) days of approval by the City Commission, an 8½- x 11-inch or 8½- x 14-inch exhibit entitled “Simmental Growth Policy Amendment” to the Department of Community Development containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Department of Community Development. 2) The resolution for the growth policy amendment shall not be drafted until the applicant provides an exhibit of the area to be re-designated, which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman Community Plan. DATED THIS DAY OF , 2015 Resolution No. 15429 _____________________________ ____________________________ Allyson B. Brekke, AICP Eric Garberg, President Department of Community Development City of Bozeman Planning Board 357 CITY OF BOZEMAN ENGINEERING DEPARTMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2280 fax 406-582-2263 skohtz@bozeman.net www.bozeman.net MEMORANDUM ------------------------------------------------------------------------------------------------------------------------------ TO: DEVELOPMENT REVIEW COMMITTEE FROM: SHAWN KOHTZ, DEVELOPMENT REVIEW ENGINEER RE: SIMMENTAL GROWTH POLICY AMENDMENT DATE: 10-15-15 ------------------------------------------------------------------------------------------------------------------------------ The following comments pertain to review of the submitted materials for the referenced project: 1. Simmental Way is currently a dead-end street at the subject property. The City prefers to connect Simmental Way with N. 19th Avenue at the intersection of 19th Avenue and Valley Center Road. We understand the applicant has had discussions for this access with Montana Department of Transportation (MDT) with respect to the rest stop area to the north of the subject property. Although MDT has initially indicated this connection is not feasible, we would like to be a partner to those discussions to continue to explore this possibility. An additional access to N. 19th Avenue from the subject property will be problematic and will require analysis by a traffic engineer and subsequent approval by MDT. A secondary access to N. 19th Avenue may not be feasible. CC. ERF Project File 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378