BEFORE THE GALLATIN COUNTY COMMISSION GALLATIN COUNTY, MONTANA

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1 BEFORE THE GALLATIN COUNTY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF TOM MURPHY, MANAGING MEMBER OF THE BRIDGER CENTER, LLC, FOR A ZONE MAP AMENDMENT TO THE GALLATIN COUNTY/BOZEMAN AREA OFFICIAL ZONING MAP (FILE Z ) FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER PURSUANT to the Gallatin County/Bozeman Area Zoning District (adopted July 27, 1999), after notice given, a public hearing was held before the Gallatin County Commission (County Commission), at the Gallatin County Courthouse, 311 W. Main Street, Bozeman, Montana, on April 26, 2016, beginning at approximately 9:00 a.m., to consider a request for a Zone Map Amendment (ZMA) submitted by Tom Murphy Managing Member of the Bridger Center, LLC, to rezone an approximately 12 acre property from Agricultural Suburban (A-S) to Residential Suburban (R-S). The following is the record upon which the County Commission based its decision on this zone map amendment request: 1. The April 26, 2016, Staff Report of County Planner, Megan K. Gibson with Exhibits A-W; (Staff Report); 2. Written Public Testimony (Exhibit Q); 3. The Applicant s complete submittal received December 11, 2015, by the Gallatin County Planning Department (Application); 4. The recorded and minute proceedings of the April 26, 2016, County Commission hearing, time stamped 10:50:56 AM to 11:55:30 AM which includes verbal comments of the public (Hearing Record). BRIDGER CENTER, LLC ZMA: FINDINGS, CONCLUSIONS AND ORDER 1

2 The County Commission having allowed the opportunity for testimony and public input considering the same, being fully advised of all matters presented to it regarding this matter, make the following: I. FINDINGS OF FACT 1. Subject Property. The Subject Property is legally described as Tract NW4SE4 of Certificate of Survey 885 in Section Thirty-One (31), Township One South (T01S), Range Six East (R06E) PMM, Gallatin County, Montana. The Subject Property is generally located southwest of Boylan Road and north of Commercial Drive. 2. Existing and Proposed Zoning Classification. a. Existing Zoning. The Subject Property is currently zoned Agricultural Suburban (A-S) within the Gallatin County/Bozeman Area Zoning Regulation. The intent of the A-S District is: to provide for Agricultural Activities and rural residential Uses on larger tracts of land, and to maintain and preserve the rural character and pattern of development of outlying areas in compliance with the Gallatin County/Bozeman Area Plan. For the purpose of MCA, the County Commission has determined that the A-S District is residential in nature. The A-S District has allowed Principal Uses, Accessory Uses and Conditional Uses that all have established setbacks, height limitations and are subject to the General Development Standards and other applicable standards of the Zoning Regulation. The minimum lot area for a singlefamily dwelling in the A-S District is twenty (20) acres or existing parcel prior to the adoption of the Zoning District. b. Proposed Zoning. The Applicant is proposing to zone the Subject Property Residential Suburban (R-S). The intent of the R-S District is: BRIDGER CENTER, LLC ZMA: FINDINGS, CONCLUSIONS AND ORDER 2

3 to provide for residential single-household country estates in areas that are in compliance with the Gallatin County/Bozeman Area Plan. The R-S District has allowed Principal Uses, Accessory Uses and Conditional Uses that all have established setbacks, height limitations and are subject to the General Development Standards and other applicable standards of the Zoning Regulation. The minimum lot area for standard development shall be one (1) acre, with a minimum lot width of 150 feet in the R-S District. 3. Adjacent Land Uses and Zoning. The Subject Property is surrounded by the following: North/Northeast Property: Bridger Creek Subdivision Open Space, 3.62 acre parcel; R-S Zoning Subdivision Open Space, City of Bozeman South Property: Bridger Center Subdivision; M-1 Zoning Industrial, City of Bozeman and the Ziegler Property; A-S Zoning Zoned agricultural suburban, but being used commercially, Gallatin County/Bozeman Area Zoning District East Properties: Bridger Creek Subdivision-Village Greens Townhouses and The Links Condominiums; R-3 Zoning Residential, City of Bozeman West Property: State of Montana Fish, Wildlife and Parks property, approximately 53 acre tract; PLI Zoning Park, Open Space and Recreation Lands, City of Bozeman. 4. Notice. Notice of the public hearing was posted in five locations within the Zoning District on March 2, 2016, and published in the Bozeman Daily BRIDGER CENTER, LLC ZMA: FINDINGS, CONCLUSIONS AND ORDER 3

4 Chronicle on March 27 and April 3, Adjacent property owners were mailed certified mail, return receipt requested, on March 28, Planning Board Recommendation. The Gallatin County Planning Board considered the zone map amendment application during their public hearing held on April 12, The Planning Board voted 3:1 to recommend denial of the ZMA as submitted by the Applicant and that it not be adopted by the Gallatin County Commission. 6. Additional Findings. The County Commission made additional Findings of Fact as set forth in the recorded Hearing Record. II. CONCLUSIONS OF LAW A. The County Commission has jurisdiction to hear and decide applications for Zone Map Amendments pursuant to Title 76, Chapter 2, Part 2 Mont. Code Ann., the Gallatin County/Bozeman Area Zoning Regulations, and the Zone Map Amendment Application. B. The County Commission sets forth the following portion of the relevant plans and zoning regulations that it used for the decision of this matter. Sections refer to the Gallatin County/Bozeman Area Zoning Regulation and Montana Code Annotated referenced, quoted or paraphrased. 1. General Criteria. To help provide an understanding of the requested amendment, the following questions shall be considered. a. How will the public interest be served if this application is approved? b. What reasons prevent you from using this property for any of the uses allowed under the existing zoning? c. Why is there a need for the intended use of the property at this location? BRIDGER CENTER, LLC ZMA: FINDINGS, CONCLUSIONS AND ORDER 4

5 2. Compliance with Statutory Criteria. In reviewing the application for the change in zoning classification, the Governing Body shall consider the criteria of Section Montana Codes Annotated. a. Zoning regulations must be made in accordance with the Growth Policy. b. Zoning Regulations must be designed to: i. Secure safety from fire and other dangers; ii. Promote public health, public safety, and general welfare; and iii. Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. c. In the adoption of zoning regulations, the Board of County Commissioners shall consider: i. Reasonable provision of adequate light and air; ii. The effect on motorized and non-motorized transportation systems; iii. Compatible urban growth in the vicinity of cities and towns that at a minimum must include areas around municipalities; iv. The character of the district and its peculiar suitability for particular uses; and v. Conserving the value of buildings and encouraging the most appropriate uses of land throughout the jurisdictional area. d. Zoning regulations must be, as nearly as possible, be made compatible with the zoning ordinances of nearby municipalities. 3. Zoning Regulation Criteria. Amendments to the official zoning map must be consistent with each of the following provisions found in the zoning regulation: a. The intent and/or purpose of the zoning Regulation. The Purpose and Intent of the Regulations is stated in Section These Regulations have been made in accordance with the Gallatin County Growth Policy (adopted April 15, 2003) and the Gallatin County/Bozeman Area Plan (adopted November 1, 2005) for the purpose of promoting the public health, safety, and general welfare. BRIDGER CENTER, LLC ZMA: FINDINGS, CONCLUSIONS AND ORDER 5

6 Additionally, in accordance with (1), MCA, these Regulations are designed to: 1. Secure safety from fire and other dangers. 2. Promote public health, safety, and general welfare; and 3. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements These Regulations are intended to implement the objectives, goals and policies of the Gallatin County/Bozeman Area Plan and Future Land Use Map. The intent of these Regulations are to regulate and promote orderly development. Any Use not listed herein as a Permitted Principal, Accessory, or Conditional Use is prohibited, except that the County Commission may consider at a public hearing, and on a case by case basis, if a proposed Use is similar in intent, purpose, and impact to other allowable uses in the District, and if the Use may be permitted as a Principal, Accessory, or Conditional Use. b. The intent of the zoning sub-district(s) to be affected by the proposed amendment. c. The public necessity and convenience and general welfare require such amendment. d. Any provision specific to the zoning regulation regarding amendments. Pursuant to Section 30 of the Zoning Regulation the following applies: a. Intent. These Regulations and the boundaries of the Official Zoning Map may be amended or revised whenever the public health, safety and general welfare requires such amendment. Amendments shall follow the procedure prescribed by et seq., MCA, and these Regulations. BRIDGER CENTER, LLC ZMA: FINDINGS, CONCLUSIONS AND ORDER 6

7 b. Procedure. An amendment may be initiated by submittal of one of the following to the Planning Department: 1. An application of one or more landowners in the District. The application shall be filed on the required application and accompanied by the required fee. 2. Resolution of intention of the County Commission. 3. Resolution of intention of the Planning Board. 4. Spot Zoning. In 1981, the Montana Supreme Court adopted a three-part test for spot zoning with Little v. Board of County Commissioners, 193 Mont. 334, 631 P.2d To demonstrate whether or not the requested zoning designation benefits a small area and only one or a few landowners, the Governing Body must consider the following criteria: a. Whether the requested zoning classification and potential uses are significantly different from the prevailing use in the area; b. Whether the area in which the requested zoning classification benefits a small area and only a few landowners, or does the requested zoning classification benefit the surrounding neighborhood, community and the general public; and, c. Whether the requested zoning classification is compatible with the zoning district s adopted plan, or is it special legislation designed to benefit one or a few landowners at the expense of the surrounding landowners or general public. 5. Public Comment. Exhibit Q of the Staff Report included a master list of names and written public comment. C. The County Commission made additional Conclusions of Law as set forth in the recorded Hearing Record. BRIDGER CENTER, LLC ZMA: FINDINGS, CONCLUSIONS AND ORDER 7

8 III. ORDER After evaluating the record and the testimony of the public, the Applicant and the Gallatin County Planning Staff, Commissioner White made a motion (11:39:28 AM) to approve the Bridger Center, LLC Zone Map Amendment request and adopt the Staff Report. Commissioner Seifert seconded said motion. Discussion, additional findings, and conclusions to the motion were made between (11:40:02 AM and 11:55:15 AM). The motion failed unanimously (3-0) (11:55:22 AM). THEREFORE IT IS NOW HEREBY ORDERED by the County Commission that the Zone Map Amendment request by Bridger Center, LLC, is denied. Appeal Provisions: Any person or persons, jointly or severally, aggrieved by the decision of the Gallatin County Commission, may within thirty (30) days after such decision or order, appeal to Eighteenth Judicial District Court, Gallatin County (Section , MCA). GALLATIN COUNTY COMMISSION JOE P. SKINNER, MEMBER DATE ATTEST: CHARLOTTE MILLS, CLERK & RECORDER F:\Development Review\Projects\Zoning\Z Bridger Center LLC ZMA\Bridger Center ZMA.CC.FOF.doc BRIDGER CENTER, LLC ZMA: FINDINGS, CONCLUSIONS AND ORDER 8