HomeMy WebLinkAboutNarrative 04-29-2020BUFFALO RUN
ANNEXATION AND INITIAL ZONE MAP AMENDMENT APPLICATION
Bozeman, MT
March 30, 2020
BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT
SHEET INDEX
SUBMITTAL DOCUMENTS - COVER SHEET
PAGE 1-3: A1 FORM
PAGE 4-6: ANNX FORM
____________________________________
PAGE 7: PROJECT TEAM
PAGE 8-9: PROJECT OVERVIEW
PAGE 10: CONTEXT PLAN AND EXISTING CONDITIONS
PAGE 11: URBAN FRAMEWORK PLAN
PAGE 12: CONNECTIVITY PLAN
PAGE 13: PARK AND OPEN SPACE PLAN
PAGE 14-18: NARRATIVE CONTINUED
BUFFALO RUN EXHIBITS - COVER SHEET
PAGE 20: CONTEXT PLAN
PAGE 21: URBAN FRAMEWORK PLAN
PAGE 22: CONNECTIVITY PLAN:
PAGE 23: PARK AND OPEN SPACE PLAN
PAGE 24: EXISTING LAND USE PLAN
PAGE 25: EXISITING ZONING MAP
PAGE 26: ZONING PATTERN ANALYSIS
SUPPLEMENTAL INFORMATION - COVER SHEET
PAGE 28-30: PLATTING CERTIFICATE
PAGE 31-33: ARTICLE OF ORGANIZATION
PAGE 34-47: DEED
PAGE 48-50: NOTICING MATERIALS
BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT
SHEET INDEX- SUBMITTAL DOCUMENTS________________________________
PAGE 1-3: A1 FORMPAGE 4-6: ANNX FORM
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To Be Determined
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BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT
Land Planning Landscape Architecture Real Estate Feasibility Development Consulting
V: 303.893.4288 F: 303.893-6792 475 West 12th Avenue, Suite E, Denver, Colorado 80204 www.vogelassoc.com
Buffalo Run Project Team
The following is an outline of the Buffalo Run project team.
Owner/Developer:
Yellowstone Investment Group, LLC 40 Boxcar Lane Bozeman, MT. 59718 Contact: Derek Williams
Phone: (303) 887-4045
Email: derek@bridgerdevelop.com
Planner and Landscape Architect:
Vogel & Associates, LLC
475 W. 12th Avenue, Suite E
Denver, CO. 80204
Contact: Jeffrey Vogel, AICP
Phone: (303) 893-4288 Email: jvogel@vogelassoc.com Architect:
Intrinsik Architecture, Inc.
111 North Tracy Avenue
Bozeman, MT. 59715
Contact: Robert Pertzborn, AIA
Phone: (406) 582-8988
Email: rpertzborn@intrinsikarchitecture.com
Ivins Design, LLC 7373 E. Ellsworth, Ave
Denver, CO. 80209
Contact: Bruce Ivins, AIA
Phone: (303) 829-0308
Email: ivinsdesign@comcast.net
Civil Engineer and Survey:
Morrison-Maierle
2880 Technology Blvd. W
Bozeman, MT. 58718
Contact: Matt Ekstrom, PE
Phone: (406) 922-6784
Email: mekstrom@m-m.net
Legal:
Swimley Law
1807 W. Dickerson, Unit B
Bozeman, MT. 58718
Contact: Susan B. Swimley
Phone: (406) 586-5544
Email: swimley@swimleylaw.com
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BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT
Project Overview
Project Vision
Buffalo Run is envisioned to be a residential community that will provide enduring value to the City of
Bozeman and the region.A cohesive residential community and urban framework plan that is grounded in
a constant set of integrated planning principles.
The vision and directives for Buffalo Run were developed and influenced by several factors related to the
environment, community and the social considerations within the region.Outlined below are the integrated
planning principles that have been incorporated into the program and conceptual master plan.These
principles are to serve as a guide for all levels and elements of design, phasing and implementation. The
integrated planning principles are as follows.
Principle One:Enhance community networks and open space.
Principle Two: Identify and sustain green infrastructure.
Principle Three: Protect environmental systems.
Principle Four:Establish a diversity of housing types.
Principle Five:Enhance Community connectivity.
The above principles are consistent with City of Bozeman Community Plan principles including establishing cohesive neighborhoods that creates a sense of place. Other principles include preserving natural amenities
and incorporating appropriate urban densities that are consistent with the directives above and the enclosed
urban framework plan.
Buffalo Run is also envisioned and planned to advance the vision statements, goals and objectives outlined
in the Bozeman Strategic Plan and Community Plan. This includes incorporating a diversity of housing to
the area as required to support an “Innovative Economy”and “balanced”community.
a.Community Quality Goal - 1: “Human Scale and Compatibility - Create a community
composed of neighborhoods designed for the human scale and compatibility in which thestreets and buildings are properly sized within their context, services and amenities areconvenient, visually pleasing, and properly integrated.”Buffalo Run is planned as a neighborhood that is configured within a development pattern
that includes pedestrian oriented streets, walkable blocks and a central open space system.A hierarchy of parks are programed to serve as human-scaled gathering areas.
b.Community Quality Objective C-3.2: “Provide for neighborhood focal points to encourage
local identity within the community and provide a place for social interaction.”
Buffalo Run is configured to include a variety of focal points that will foster community
gathering and social interaction.This includes the enlarged Meadow Creek Park,
neighborhood greens, and community clubhouse. The central pedestrian street corridor
creates a visual and physical connection to the community center, ponds and green space.This central amenity area serves as the focal point of the project. Other architectural
elements and landmarks may be incorporated into the respective spaces.
c.Community Quality Objective C-3.5: “Integrate a wide variety of open lands, such as parks,
trails, squares, greens, playing fields, natural areas, orchards and gardens, greenways, and
other outdoor spaces into neighborhoods.”
Buffalo Run is planned to include a hierarchy of parks and open space areas thataccommodate a variety of active and passive recreation uses. These spaces also serve as
community focal points and gathering areas.This program will include providing for an
enlarged Meadow Creek Park that will serve as a primary amenity for the existing Meadow
Creek and proposed Buffalo Run neighborhood. The existing single-family home located
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BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT
within the east quadrant of the property will be re-purposed into a community clubhouse. The
grounds surrounding the clubhouse may include a meandering trail around the enhanced ponds and
gardens to support culinary programming and events. This facility will include a multi-purpose room,
fitness center, pool and other amenities.
d.Housing Goal H-1: “Promote an adequate supply of safe, quality housing that is diverse in type, density,
cost, and location with an emphasis on maintaining neighborhood character and stability.”
Buffalo Run is proposed to provide alternative housing types to a quadrant of the City that currently has been developed predominantly as single family detached. A diverse housing program within the
Buffalo Run community will include a mix of for-sale and for rent product ranging from 1 bedroom to 3
bedrooms. The diversity in unit sizes will allow for young singles or professionals while the larger units offer options for families and retirees. The mix of for-sale and for rent product provides residents a
variety of financial options and opportunities for home ownership at reasonable market rates.
e.Housing Objective 1.3: “Promote the provision of a wide variety of housing types in a range of costs to
meet the diverse residential needs of Bozeman residents.”Rezoning the Buffalo Run parcel to R-5 will allow for a variety of housing to be implemented to accommodate a multi-generational and dimensional population.
f.Housing Objective 1.4: “Recognize the role of housing in economic development.”Allowing for a diverse housing program/stock accommodates a more diverse and multi-income
population. A reliable and diverse housing program is required to support employment generators including educational facilities.
g.Housing Objective 2.1: “Encourage socially and economically diverse neighborhoods.” Buffalo Run
proposes incorporating a variety of housing and recreational amenities for a variety of residents and
users. The additional housing alternatives and amenity program will provide for a more balanced and
enriched neighborhood. Within the immediate context of a large single-family housing stock, the
project proposes for-sale and for rent product that addresses the needs of residents attending or employed at MSU, the Oracle Campus and the rising young professional demographic.
h.Housing Objective 3.3: “Promote the development of a wide variety of housing types, designs, and costs to meet the wide range of residential needs of Bozeman residents.” Buffalo Run and proposed zoning has the ability to provide much needed alternative housing choices.
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BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT
Context Plan and Existing Conditions
Buffalo Run is located on approximately 20.3 acres that is located within unincorporated Gallatin County.
Enclosed is a context plan for your reference. This 20.3 acres is located within the urban services
boundary,on the southwest edge of the City of Bozeman. It is within proximity of other residential
communities including the Meadow Creek subdivision that is located to the east. Other non-residential
and educational uses within proximity of the Buffalo Run project include Montana State University and
the Oracle Campus located to the northeast.The site is located within an Opportunity Zone which are areas designated for growth and development.
The property is defined by Fowler Lane on the west and the Meadow Creek subdivision/park on the east.
Undeveloped parcels currently utilized for agriculture are located on the north and south side of the Buffalo
Run parcel.
The Buffalo Run parcel is currently zoned Agricultural Suburban within the County providing for
predominantly agricultural land uses. Parcels located on the north, west and south are zoned Agriculture
Suburban. This parcel has historically been utilized for agricultural purposes.A single-family detached
home and accessory structure is located within the northwest corner of the site. The Meadow Creek
subdivision is located within the City of Bozeman and is zoned R3.
Existing site characteristics includes gentle topography that includes expansive vistas to the surrounding
mountains.Vegetation consists of predominantly grasslands and small clusters of trees that are located
adjacent to the existing single-family home. An irrigation ditch transcends west to the central north section
of the property.The irrigation ditch connects to a terraced pond system that is located within the northwest
quadrant of the site.It has been confirmed that this irrigation system is not a designated water course.
Currently access to the site is provided via Fowler Lane that is an unpaved road.Fowler Lane is
designated as a future minor arterial. Kurk Drive is a paved street that also provides access at the
northeast corner of the site. The project intends to make Kurk Drive the primary access point along with
connections to 31st drive upon approval.
Existing utilities on the site include electric and water via a well that are utilized for the existing home. Existing City water and sewer mains are located east of the parcel within the Meadow Creek subdivision.
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BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT
Urban Framework Plan
This proposed amendment and urban framework plan promotes public health, safety and the general
welfare of the community.A significant component of the plan includes establishing an urban framework
plan that reinforces community goals with regards to establishing land uses and housing that will provide
for a sustainable and innovative community.Planning objectives also include enhancing regional and
community connectivity for pedestrian and transportation vehicles including mass transit.The framework
also provides for additional parks and open space including enlarging the existing Meadow Creek park.
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BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT
Connectivity
The proposed zoning amendment and urban framework plan will provide for fire and other emergency
vehicles. This proposed amendment and urban framework work plan provides two points of access as
outlined in the narrative below.
The enclosed connectivity plan illustrates proposed vehicle and pedestrian connections. This includes
utilizing open space, parks and pedestrian oriented streets to provide connections within and adjacent to
the Buffalo Run project.
Streets are configured to reinforce the urban grid that is envisioned for Bozeman and the region. This
includes integrating and expanding the grid that has been established at the Meadow Creek subdivision.
The street configuration is aligned to extend Kurk Drive to the future Fowler Lane minor arterial and
adjacent street network including proposed north/south connections that may be constructed in the future.
As illustrated, the grid and second point of access is to be provided via South 31st Ave to Meah Lane.This
street network provides for walkable blocks that will provide alternative pedestrian and vehicle routes. The
grid will further disperse traffic and provides a safe corridor for pedestrians.
As illustrated on the enclosed exhibits,both public and private pedestrian-oriented streets are configured
to connect with the open space and park system. The intent is to provide community and regional users
alternative routes to access the park and trail amenities.This network will further be enhanced as the
adjacent framework is developed in the future.The framework plan and park also propose extending the
Meadow Trail to the west to the future Fowler Lane minor arterial.
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BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT
Parks and Open Space
The Buffalo Run framework plan incorporates a comprehensive parks and open space system. As illustrated on
the parks and open space plan, there is a hierarchy of spaces that have been configured within the plan. This open space program includes active play areas, passive open space and trail corridors. Pedestrian oriented streets and trail corridors connect parks and open space areas.
As illustrated on the attached, an additional 2.6 acres of the parkland is to be dedicated to the existing Meadow
Creek Park exceeding the required public land dedication. In addition to increasing the size of the park,
additional improvements to the park are also proposed that may include sport courts, a pavilion and the
relocation/enlargement of the existing neighborhood playground.Specific elements including the playground is
to be located to provide access and use for both the Buffalo Run and Meadow Creek neighborhood.Upon further
review with the parks department, specific program elements to be included in the park will be finalized.
Located on the west side of the Buffalo Run neighborhood is existing seasonal terraced pond system that is being
utilized to serve as a passive park area that will include a looped trail system, benches and other site elements.
The clubhouse will serve as a community gathering space and may include a multi-purpose room, fitness facility and pool.
Two neighborhood greens are located within the central portion of the community and adjacent to the proposed
north/south 30’ trail corridor. These neighborhood greens are designed to accommodate shade structures, grills
and other community amenities. The 30’ trail corridor provides a pedestrian connection to the adjacent north
and south parcels that also includes access to the extended Meadow Trail.
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BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT
Infrastructure, Utilities and Public Facilities
In addition to the transportation network described above, City water and sewer services will be incorporated into the community. This will include extending central water and sewer from the Meadow Creek subdivision. Other utilities including natural gas and electric will also be extended to the parcel. Renewable energy alternatives are also being considered and evaluated.
Meadow Creek Park and proposed trail corridors will be provided for public use. Public access will also be provided to the community open space area surrounding the clubhouse.
Land Use and Zoning
The proposed zoning is in accordance with City growth policies. In keeping with the principles and directivesoutlined above, the Buffalo Run development plan is proposed to include multi-household residential housing that will offer both “for sale” and rental housing choices. Incorporating multi-household residential within this area ofthe City will create additional housing diversity. Providing housing for different income levels and demographic
groups is a critical component in establishing a sustainable and multi-dimensional community.
The current site plan meets the R-4 zoning density requirements; however,the R-5 classification affords more design flexibility and will therefore yields a higher quality project for the future residents. R-5 provides a platform for architectural relief and variations in roof profiles, improved quality of interior space and natural light. The
variable roof lines and building heights will procure a more sophisticated profile and architectural diversity.
As illustrated on the City of Bozeman General Land Use Plan,the southern quadrant of the City is predominantly comprised of single-household detached units with isolated pockets for multi-household residential. As the southwest quadrant of the City continues to urbanize, the intent is to provide additional locations that can accommodate a diverse housing stock and contribute to the character of the District that is envisioned for this area. This land use pattern will reinforce more compatible urban growth within the southwest quadrant of the City.
Given that Fowler Lane is designated as a minor arterial, it is anticipated that this corridor will be urbanized to include residential and mixed land use designations that will be compatible with the proposed R-5 zoning and higher
density residential.
As illustrated on the attached land use exhibit, it is anticipated that future growth along Fowler Lane and other
collectors and arterials will include more broad land use classifications with zoning that will support more mixed use and high density residential. Buffalo Run’s proximity to the University and Oracle campus provides an
opportunity for student and workforce and young professionals.
A multi-household development program is contemplated to include one-bedroom, two-bedroom and three-
bedroom units. Utilizing the framework that has been established with the plan, all residents will have convenient
access to community and regional amenities.
The intent is to annex the parcel into the City of Bozeman utilizing a zoning classification of R-5. This zoning
classification will allow for the multi-household residential that will include a minimum gross density of 8 dwelling
units per acre.
This proposed zoning does not adversely affect other potential zone districts that may be designated for the parcels
located to the north and south of the Buffalo Run parcel. The urban framework plan reflects principles, standards
and patterns that integrate with the existing neighborhood and future urban growth areas.
Annexation
The intent is to annex the 20.3 acres parcel to the City of Bozeman. Enclosed is the application including the
checklist that addresses items 1-2. Outlined below are responses to items 3-9.
3.Is the property is currently in agricultural use please identify current crops/conditions
Response: The area adjacent to the existing house is comprised of turf. Native grasses are located on the
balance of the site.
4.Number of residential units existing on the property?
Response: There is one single family structure located on the west side of the property.PAGE 14
BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT
5. Number and type of commercial structures on the property?Response:No commercial structures are located on the property. An accessory agriculture building is locatedon the site.
6.Estimate of existing population on the property?Response: The existing home is currently accommodating two adults.
7.Assessed value of the property?Response: Assessed Value $2,200,000.
8.Existing on-site facilities and utilities (gas, power, telephone, cable, septic systems, wells)?Response:Utilities that including electric, gas, power, telephone, cable, a septic system and a well is providedfor the existing house.
Zone Map Amendment Approval CriteriaAs outlined on the enclosed application, the intent is to amend the zone map to include the R-5 zone classification. Outlined below is a summary of the review criteria for this zoning amendment.
A.Be in accordance with a growth policy.
The future land use map in the Bozeman Community Plan (growth policy) designates the subject
property as Residential.
Under the growth policy’s description of the residential future land use category it states “High density
residential areas should be established near commercial centers to facilitate the provision of services
and employment opportunities to persons without requiring the use of an automobile. Implementation
of this category by residential zoning should provide for and coordinate intensive residential uses in
proximity to commercial centers.”
Buffalo Run is located adjacent to Fowler Lane which is proposed as a minor arterial. The Fowler Lane
and Blackwood Rd intersection is located just south of the Buffalo Run parcel. It is anticipated that
this intersection will be developed in the future to include residential/commercial centers and higher
density residential. Enclosed is an exhibit (see Potential Zoning Pattern Analysis) illustrating a potential
land use and zoning pattern for the Fowler Lane, Blackwood Rd and Stucky Rd. The proposed R-5
would be consistent with this growth pattern.
B.Security,safety from fire and other dangers.
Buffalo Run will be served by City emergency services, including police and fire. The proposed street
network will provide multiple routes and access points for emergency vehicles.
C.Promote public health, public safety, and general welfare.
The Buffalo Run project will require site plan review and compliance with the City’s Unified
Development Code which ensures the promotion of public health, safety and general welfare. This
proposed plan allows for additional housing alternatives and provides significant public parks and open
space.
D.Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Buffalo Run includes a street network that will enhance regional and community connectivity. This
network includes extensions to the existing street system and Fowler Lane. Incorporating a gridded
configuration of streets provide alternative routes and dispersed traffic.
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BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT
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City water and sewer is located east of the parcel. The intent is to extend the existing utilities as
required to serve the Buffalo Run project. A comprehensive storm water system will also be
implemented.
The Buffalo Run project proposed expanding the Meadow Creek Park and incorporating additional
recreational facilities. Other public open space and parks are included in the plan providing for a variety
of gathering and recreation alternatives.
E.Reasonable provision of adequate light and air.
Depending on the pitch of the roof, the R-5 district allows for building heights that are 10 feet higher
than what is allowed in the R-4 district. This additional height allows for more flexibility and articulation
in the architectural design including roof forms. Additional building height allows for taller interior floor
to floor dimensions and larger expanses of windows and/or glass doors. This not only provides more
natural light into the units but increases the building facade transparency and architectural interest. The
R-5 affords more flexibility to design more meaningful outdoor spaces including roof decks, which will be
dispersed amongst the unit types. Natural and healthier air flow is easier to achieve with taller interior
spaces.
F.The effect on motorized and non-motorized transportation systems.
As outlined above and illustrated on the enclosed connectivity exhibit (see Connectivity Plan), the
intent is to extend the grid network of streets. This grid pattern will provide for additional connections
including the future extension of Kurk Drive and South 31st Avenue.
Buffalo Run will initially utilize Kurk Drive and South 31st Avenue for access. These streets are
interconnected with the grid network that has been established with the Meadow Creek Subdivision.
This network will provide alternative routes and further disperse traffic. As the north and south parcels
are developed, provisions have been incorporated in the plan to provide additional connections and
access alternatives. As illustrated on the urban framework plan, Kurk Drive is proposed to extend to
Fowler Lane.
While higher residential density on the properties, would result in an increase in vehicle trips, the
increase would be minimal and have a negligible impact on the overall motorized transportation system.
Public and private streets are designed to provide pedestrian walks on both sides of the street. The
30’ open space corridor located within the center of the property also includes a pedestrian walk.
Buffalo Run will also provide for an extension of the Meadow Trail regional trail system.
As a result of the above factors, the proposed zone map amendment is not anticipated to have a negative
effect on the motorized or non-motorized transportation systems.
G.Promotion of compatible urban growth.
Bozeman’s Unified Development Code, 38.700.404, defines compatible development as “The use of
land and the construction and use of structures which is in harmony with adjoining development,
existing neighborhoods, and the goals and objectives of the city’s adopted growth policy. Elements of
compatible development include, but are not limited to, variety of architectural design; rhythm of
architectural elements; scale; intensity; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer services,
natural elements in the area, motorized and non-motorized transportation and open spaces and parks.
Compatible development does not require uniformity or monotony of architectural or site design,
density or use.”
Compatible land use is as “A land use which may by virtue of the characteristics of its discernible
outward effects exist in harmony with an adjoining land use of differing character. Effects often
BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT
measured to determine compatibility include, but are not limited to noise, odor, light and the
presence of physical hazards such as combustible or explosive materials.”
The growth policy supports providing a variety of housing options near services, employments
opportunities, and transportation options. The proposed R-5 amendment will enable higher residential
densities in an area that located within proximity of the Montana State University and the Oracle
Campus located to the northeast. As noted, the current housing type within this quadrant is primarily
single family detached. Providing alternative housing in the area will enhance the housing options for
what currently is a multidimensional population.
Expanding the Meadow Creek park and providing additional open space, trail connection and
recreational opportunities further reinforces the livability and sense of community. Creating additional
gathering areas also provides and foster community compatibility.
As noted above, the future growth pattern that is envisioned to occur along the Fowler Lane corridor
and at the intersection of Blackwood Rd will further enhance compatibility. It is anticipated that
additional zone classifications such as R-O and R-5 will be located along the Fowler Lane corridor.
H.Character of the district.
The proposed amendment to R-5 would allow for higher residential densities. As the immediately
surrounding area is primarily residential or undeveloped, the addition of offices,restaurants, and/or
retail could be perceived as changing the character of the district. As noted, these uses are envisioned
to occur as this area of the City including the Fowler Lane corridor is urbanized.
I.Peculiar suitability for particular uses.
The Buffalo Run property is located within an area and adjacent to a major street network that is
projected to be urbanized. As noted, the R-5 district allows for greater residential densities. All non-
residential uses in the R-5 district are to be secondary to residences. As a result, the allowed uses in
the R-5 district are suitable for this site as the area would remain primarily residential.
J.Conserving the value of buildings.
The R-5 designation allows for high density mixed-use residential development, the Bozeman Unified
Development Code ensures that development will be primarily residential with limited commercial. The
potential change in development pattern resulting from the R-5 designation will provide for alternative
residential architectural types and styles. While the north, south and west parcels are predominantly
undeveloped the R-5 zoning amendment will allow for buildings to be designed and constructed to
compliment and that is envisioned to be urbanized with commercial, mixed use and residential uses. The
future potential commercial uses along Fowler Lane may include office and mixed-use commercial.
The Meadow Creek park is designed to serve as an active recreation and gathering space. With the
additional 2.6 acres being incorporated into the park, it also serves as a significant buffer between
the Meadow Creek single family homes and higher density residential envisioned for Buffalo Run. As
a result, the proposed zone map amendment is not anticipated to compromise existing buildings
located within the area.
K.Encourage the most appropriate use of land throughout the jurisdictional area.
The proposed R-5 zone map amendment will encourage the most appropriate use of land as the
growth policy designates the property as “Residential,” which the proposed R-5 designation will
implement. The City is in need of additional housing to accommodate current and projected demand
including housing required for the Oracle Campus. To meet this demand a variety of housing options
near services, employment centers, and transportation options are needed. This zone map
amendment will help address this need by allowing for higher residential densities.
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BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT
Spot Zoning Criteria
The R-5 zoning amendment does not constitute impermissible spot zoning.
1. Is the proposed use significantly different from the prevailing land uses in the area?
The requested zoning and the proposed use of the site is not “significantly” different from the
prevailing uses in the area, as the Meadow Creek subdivision to the east is also characterized as
residential in both land use category and zoning. Therefore, the proposed R-5 zoning designation
would not result in primary uses of the site which are significantly different from prevailing land
uses in proximity. While R-5 does allow for limited commercial uses, this project is intending to
construct a residential subdivision at this location.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
R-5 is an implementing zoning district for the Residential land use category and may be utilized by any adjacent property owner within this plan category. Moreover, the proposed zoning of R-5 does not inhibit potential development of adjacent sites.
3. Would the change be in the nature of “special legislation” designed to benefit only one or a few
landowners at the expense of the surrounding landowners or the general public?
This initial zone map amendment does not represent special legislation designed to benefit the
landowner at the expense of the adjacent property owners. This application demonstrates that
the requested zoning of R-5 is compatible with the zoning district’s plan. No substantial negative
impacts to surrounding landowners have been identified due to this proposed zoning.
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