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Staff Report for the Simmental Growth Policy Amendment, Application No.
15429
Planning Board Hearing Date: November 3, 2015
City Commission Hearing Date: Continued from December 7, 2015 to February 8, 2016
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 Simmental Growth
Policy Amendment Application No. 15429 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. 4670, a resolution
of intent to amend the City of Bozeman Community Plan per application No. 15429
and move to approve the Simmental Growth Policy Amendment with contingencies.”
Report Date: Wednesday, January 27, 2016
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
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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 proposed Growth Policy Amendment is better for the
community as a whole and not just for the current property owner, or potential new 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. As 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.
Development Review Committee Review
The Development Review Committee (DRC) considered the amendment on October 14 and 21,
2015. The DRC looked at whether or not there are specific barriers to approval. The DRC did not
vote in support of the application. In this case, there is a concern on the connectivity and
roadways, but not to the degree that the DRC concluded the application is impossible. However,
as those concerns are relevant to the criteria considered for a growth policy amendment, Staff
included them as a part of the findings and analysis.
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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;
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
Alternatives ......................................................................................................................... 3
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 ....................................... 12
APPENDIX A – AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............ 20
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 22
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 22
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 23
FISCAL EFFECTS ................................................................................................................. 23
ATTACHMENTS ................................................................................................................... 23
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SECTION 1 - MAP SERIES
Figure 1: Current Zoning Map
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Figure 2: Current Land Use
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Figure 3: Future Land Use
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Figure 4: Northwest Quadrant of Vacant Commercial and Industrial Land
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Figure 5: Northeast Quadrant of Vacant Commercial and Industrial Land
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Figure 6: Southwest Quadrant of Vacant Commercial and Industrial Land
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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. A growth policy amendment is
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a legislative action. Therefore, conditions of approval cannot be attached to this application. The
contingencies listed below are not conditions that limit the property once the approval process is
complete.
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.: 15429
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 that 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 due
to a Commission agenda conflict, then further continued from December 7, 2015 to February 8,
2016 upon the property owner’s request.
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.
It is also important to note that there is no minimum or maximum time set for meeting growth
policy goals unless the goal itself sets one. No matter the passage of time, the growth policy
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goals remain until the community has the opportunity to come together and determine a new goal
should be set.
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.”
In submitting the application, the applicant’s representative claims 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 there is a greater benefit to
the community by holding 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 North 19th Avenue corridor.
In addition to the specific review criteria discussed in Section 4, Staff has identified three
primary community interests when considering the change from Industrial to Regional
Commercial and Services):
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.
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This section was just one of three areas north of Baxter Lane and west of North 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 might be seen as a
carryover from early City planning efforts when it was thought best to place industrial on the
fringe of the community boundaries, it has served a community 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
appropriate nature of development in the area as part of the North 19th Avenue/Oak Street
Corridor Master Plan adopted in 1997. The corridor plan looked at evolving land use needs in the
corridor due to the opening of the North 19th Avenue/I-90 interchange. The corridor plan retained
the entire Gardiner-Simmental subdivision as industrial use. The predominant change in land
designation 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 of this report includes four maps that 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 City’s growth policy.
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Figure 8: Excerpt of the Master Plan Map from the 1990 Bozeman Area Master Plan Update
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As shown on the Current Land Use map 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 use. 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 North 19th Avenue and Valley
Center Road. The Montana Department of Transportation (MDT) has indicated that this
connection is not feasible due to the rest stop area to the north of the subject property. MDT has
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
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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 non-industrial
development of the site will require infrastructure upgrades that may impact adjacent industrial
users. Pedestrian access is very limited; the nearest sidewalk connection at Cattail Street is
almost 1,700 feet from the site. Expected travel path to this connection is along Simmental Way
and Deadman’s Gulch.
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 commercially 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
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occupied by buildings but is unoccupied) or undeveloped (land that is not ready to be occupied
by buildings, needs to be subdivided and needs infrastructure).
The report indicated 444.3 acres of regional commercially zoned land compared to 372.3 acres of
industrially zoned land. It’s important to note that the total of available industrially 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, bringing it
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 undeveloped B-2 zoned land is sitting
out on the real estate market.
Increasing the amount of excess commercial land while reducing the 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 change for that property in the foreseeable future. The properties immediately adjacent
and further to the south are all designated as active industrial uses, with some that recently
expanded (The Flooring Place). Therefore, the Simmental property could potentially be viewed
as a flag lot of Regional Commercial and Services designated land by being the only one of its
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 a 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 City’s 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
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both. On page 3-6 the Bozeman Community Plan 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 Community Plan 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 the delay of the Simmental 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
examining the community as a whole, an improved balance of uses 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 a 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.
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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
a 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 the application materials.
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 that 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
or the health and safety of residents.
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APPENDIX A – AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation and Land Uses
The property is presently zoned as M-1, Light Manufacturing District. The intent of this zoning
district is to provide for the community's needs for wholesale trade, storage and warehousing,
trucking and transportation terminals, light manufacturing and similar activities. The district
should be oriented to major transportation facilities yet arranged to minimize adverse effects on
residential development; therefore, some type of screening may be necessary.
The adjacent zoning to the subject property is also M-1 both to the north and south, but is M-2,
Manufacturing and Industrial District to the east across Interstate 90 and B-2, Community
Business District to the west across North 19th Avenue.
Montana Department of Transportation (MDT) owns the land directly north of the subject
property and is actively running a highway rest stop on the property. An automobile sales dealer
is immediately to the south.
The office building on the subject property falls within “office” use, which is a principal use in
M-1 zoning.
Adopted Growth Policy Designation
The following designations are applicable to this application:
Industrial (Existing)
This classification provides areas for the uses that 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 that 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 that were given an Industrial designation in the City’s growth policy. Careful
consideration must be given to public policies to allow these mixed uses to coexist in harmony.
Regional Commercial and Services (Proposed)
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
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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.
The following excerpt from the Bozeman Community Plan 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
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 is beyond the scope of this plan but which 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 by 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 that 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.
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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 North
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.
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 office of the American Simmental Association, which 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 project was noticed two
times to cover the continued meeting to February 8, 2016. 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.
Two letters of public comment were received in regards to this project and are attached to this
report. The letters speak to the following concerns:
• Adequate inventory of B-2 zoned properties along North 19th Avenue.
• Historical investments made on fair assumption inventory of M-1 and B-2 developable
land would remain balanced along North 19th Avenue.
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Staff Report for the Simmental Growth Policy Amendment, Application No. 15-429
Page 23 of 23
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.
Commission Resolution No. 4670
Planning Board Resolution No. 15429
Planning Board Meeting Minutes from November 3, 2015
Memo from Shawn Kohtz, Project Review Engineer, to DRC
Public Comment
Application Materials
193
Resolution No. 4670, Intent to revise Growth Policy, Simmental
Page 1 of 2
RESOLUTION NO. 4670
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE INTENT OF THE CITY COMMISSION TO CONSIDER AN AMENDMENT TO FIGURE 3-1 OF THE BOZEMAN COMMUNITY PLAN.
WHEREAS, the City of Bozeman has had a comprehensive plan (growth policy) since 1958,
and
WHEREAS, the City of Bozeman adopted its growth policy known as the Bozeman Community
Plan through Resolution 4163 on June 1, 2009, and
WHEREAS, the City of Bozeman adopted its most recent amendments to the growth policy
known as the Bozeman Community Plan through Resolution 4195 on August 3, 2009, and
WHEREAS, the Bozeman City Commission establishes criteria for the amending of the
document, and
WHEREAS, an application has been received to amend Figure 3-1 the future land use map of
the growth policy, and
WHEREAS, the City of Bozeman Planning Board conducted a public hearing on the application
on November 3, 2015, and
WHEREAS, in accordance with 76-1-602, MCA, the City Commission must conduct a public
hearing prior to taking any action to adopt or revise a growth policy,
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that:
Section 1
In accordance with the requirements of Section 76-1-604 MCA, the intent to consider the
application for amendment and possible corresponding revisions to the growth policy is hereby stated.
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Resolution No. 4670, Intent to revise Growth Policy, Simmental
Page 2 of 2
Section 2
That a public hearing was set and advertised for the purpose of receiving public testimony on
development review application no. 15429, Simmental growth policy amendment, a possible revision to
Figure 3-1 of the Bozeman Community Plan on property 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.
Section 3
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 8th day of February 2016.
DATED this 8th day of February, 2016.
___________________________________
CARSON TAYLOR Mayor
ATTEST:
________________________________________
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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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.
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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
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