HomeMy WebLinkAbout07-19-16 Packet MaterialsStaff Report for Application 16252 Kable Subdivision Annexation Zone Map
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16252, Zoning Commission Staff Report for the Kable Subdivision
Annexation and Zone Map Amendment
Public Hearing Dates: Zoning Commission public hearing is on July 19, 2016 City Commission public hearing is on August 15, 2016
Project Description: Proposed amendment of the City Zoning Map for the establishment of an initial zoning designation of R-3, residential medium density district for four existing lots totaling 1.0601 acres with 0.464 acres right-of-way in association with a Part 46 annexation petition.
Project Location: 2406 Durston Road and 505, 515 and 525 North 25th Avenue
Recommendation: Approval of Zone Map Amendment with contingencies
Recommended Zoning Commission Motion: “Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for Application 16252 and move to recommend the City Commission approve the Kable Subdivision Annexation Zone Map Amendment with contingencies required to complete the application processing.”
Report Date: July 15, 2016
Staff Contact: Mitch WerBell, Assistant Planner Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues There is an existing single household dwelling and a manufactured home on Lots 7 and 8. The property owner is currently in violation of Gallatin County Zoning District #1 Regulation for installing the manufactured home without a Land Use Permit. The property owner was also notified by City-County Health Department officials that a Permit-To-Operate for the existing septic system serving the property could not be located for either dwelling. City of Bozeman staff visited the site and determined the manufactured home was not connected to the existing septic system. The property owner and applicant followed up with this Annexation and Zone Map Amendment Application to address the current violations with Gallatin County.
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Department of Community Development staff notified Gallatin County Code Compliance and the City-County Health Department that this application had been received and was undergoing review. Annexation is necessary to provide for access to municipal sewer to correct the current violation. Staff will recommend in the terms of annexation that the applicant must disconnect from the existing well and septic system and connect to City municipal water and sewer services. The City Water and Sewer Division will conduct an inspection to certify the well disconnection, septic system abandonment and new municipal service connections. A City of Bozeman building permit must be obtained for the manufactured home prior to water and sewer connection.
Project Summary The four subject lots are located in an unannexed block along the western half of North 25th Avenue. R-3, residential medium density zoning has been proposed as the initial zoning designation for subject property to fit with the R-3 zoning on the north and east. The properties to the immediate south and west are still under the jurisdiction of Gallatin County. No further development is proposed with this application.
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TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................................... 1 Unresolved Issues ............................................................................................................. 1 Project Summary ............................................................................................................... 2 SECTION 1 – EXHIBITS ........................................................................................................... 4 SECTION 2 – RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ............... 9 SECTION 3 – RECOMMENDATION AND FUTURE ACTIONS ................................................ 9 Annexation ......................................................................................................................... 9 Zone Map Amendment ...................................................................................................... 9 SECTION 4 – ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ..................... 10 PROTEST NOTICE FOR ZONING AMENDMENTS ................................................................ 13 APPENDIX A – PROJECT DESCRIPTION AND BACKGROUND ............................................ 13 APPENDIX B – NOTICING AND PUBLIC COMMENT ........................................................... 14 APPENDIX C – PROJECT GROWTH POLICY AND PROPOSED ZONING ............................. 14 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF .................................... 15 FISCAL EFFECTS .................................................................................................................... 15 ATTACHMENTS ..................................................................................................................... 16
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SECTION 1 – EXHIBITS
Existing Zoning
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Existing Zoning = Subject Property 8
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Community Plan Future Land Use Designation
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Zone Map Amendment Exhibit & Legal Description
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Future Easement and Setback Exhibit
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SECTION 2 – RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved.
Recommended Contingencies of Approval: 1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the Annexation Agreement is not approved, the Zone Map Amendment application shall be null and void. 2. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “Lots 5-8, Block 2, Kable Subdivision Zone Map Amendment”. 3. The applicant must submit a zone amendment map, titled “Lots 5-8, Block 2, Kable Subdivision Zone Map Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Works. The metes and bounds legal description will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map.
SECTION 3 – RECOMMENDATION AND FUTURE ACTIONS
Annexation Having considered the criteria established for an Annexation, the Development Review Committee (DRC) voted on July 13, 2016 to recommend approval of the Kable Subdivision Annexation. The City Commission will hold a public meeting on the Annexation on August 15, 2016. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
Zone Map Amendment Having considered the criteria established for a Zone Map Amendment, Staff recommends approval as submitted. The Kable Subdivision Zone Map Amendment (ZMA) is in conjunction with an Annexation request. Staff’s recommendation and
staff responses are predicated on approval of the annexation. The Development Review Committee (DRC) considered the ZMA on July 13, 2016. The DRC did not identify any infrastructure or regulatory constraints which would impede
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the approval of the application. The DRC recommended approval of the Zone Map Amendment on July 13, 2016. The Zoning Commission will hold a public hearing on the ZMA on July 19, 2016 and will forward a recommendation to the City Commission. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. The City Commission will hold a public meeting on the ZMA on August 15, 2016. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
SECTION 4 – ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following criteria. As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. In considering the following criteria the analysis must show that the amendment accomplishes criteria A-D. Criteria E-K must be considered and may be found to be affirmative, neutral, or negative. A favorable decision on the proposed application must find that the application meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy. Yes, the proposed Zone Map Amendment is in accordance with the growth policy, the Bozeman Community Plan. The properties are located in an area planned for residential development and are designated as Residential in the growth policy. Table C-16 of the Bozeman Community Plan indicates the R-3 district as an implementing district for the Residential land use designation. The Residential land use designation notes that annexation is required prior to development. R-3 zoning allows for a great variation in dwelling types and promotes housing diversity. No conflicts between the proposed zoning and the growth policy have been identified.
B. Secure safety from fire and other dangers. Yes, the proposed Zone Map Amendment will secure safety from fire and other dangers. The proposed Annexation and initial zoning designation will set forth development standards adopted to address this standard will enable improved emergency services response from City agencies. City Fire Station #3 is located within a 4 minute drive allowing for 5 minute emergency response times. While not proposed with this
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application, future development of the properties is subject to the review by the City of Bozeman and development standards will be applied to address the criteria at such time. Regulatory provisions established for all City of Bozeman zoning districts ensure an adequate transportation network, fire services and public utility lines.
C. Promote public health, public safety, and general welfare. Yes, the proposed Zone Map Amendment will promote public health, public safety and general welfare. All districts including the proposed R-3, residential medium density district have established development standards that address this issue. Any future development will be subject to review and, if required, revisions to protect the public well-being. The site currently has one dwelling connected to a septic system. If the Annexation is approved and the property is given an official zoning designation, access to municipal sewer will eliminate the environmental and health risks associated with failing on-site sanitation systems.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and
other public requirements. Yes, the proposed Zone Map Amendment will facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Durston Road borders Lot 8 on the north and North 25th Avenue borders Lots 5, 6 and 7 on the east. Water and sewer services lie under these streets. The City sidewalk system is found on the eastern side of North 25th Avenue and along the property on Durston Road. The subject properties fall within the Meadowlark Elementary and Chief Joseph Middle School Districts. Kirk Park is in close proximity. If the subject properties are annexed to the City of Bozeman, they will be subject to all provisions set forth in the Bozeman Municipal Code and Unified Development Code, including but not limited to, general land use standards and requirements and park and recreation requirements. Sidewalks adjacent to the properties on North 25th Avenue would be required with further development or may be installed through the future use of a special improvements district or alternative financing mechanism. Designation as an R-3 district rather than another residential district will not materially affect these requirements.
E. Reasonable provision of adequate light and air. Yes, the proposed Zone Map Amendment will allow for reasonable provision of adequate light and air. The R-3 district includes setbacks, limits on lot coverage, and similar standards to ensure this criterion is met. Future development must participate in provision of parks. The proposed R-3 zoning is the same as other zoning to the north and east.
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F. The effect on motorized and non-motorized transportation systems. Neutral. The application of the R-3 district to the subject property will not immediately impact motorized and non-motorized transportation systems. If any future development is proposed, it will be reviewed against the Bozeman Municipal Code to ensure the proper street improvements, sidewalks, parking areas, bicycle facilities and related improvements are provided.
G. Promotion of compatible urban growth. Yes, the proposed Zone Map Amendment will promote compatible urban growth. The proposed annexation and initial zoning will absorb a portion of the remaining unannexed land surrounded by outward City growth. Existing residential pockets and infill development closer to the City’s core will lessen outward expansion and rural conflict. A minor arterial street serves the existing residential developments in the area and borders Lot 8. The neighboring zoning matches the proposed zoning for the subject properties.
H. Character of the district. Yes, the proposed Zone Map Amendment will remain consistent with the character of the district. The areas to the north and east of the subject properties are presently zoned as R-3 and have developed with a variety of housing types. The area to the immediate west is unannexed with more R-3 zoned properties just beyond the remaining county land. The area is planned for residential uses.
I. Peculiar suitability for particular uses. Yes, the proposed Zone Map Amendment will not impact any peculiar suitability for particular uses. The site is flat and generally not limited for any particular residential use. All municipal services are available. Further development is subject to review by the City of Bozeman and would be subject to the provisions set forth for R-3 zoning in the Bozeman Municipal Code. The size of the properties will allow for future residential infill development.
J. Conserving the value of buildings. Yes, the proposed Zone Map Amendment will conserve the value of buildings. The annexed properties to the north and east are zoned as R-3. The single household dwelling may remain on the property and connect to City water and sewer upon annexation. A building permit will be required for the manufactured home or the structure must be removed from the property as recommended in the Terms of Annexation. The Unified Development Code contains adopted special standards for manufactured homes on individual lots. Manufactured homes on permanent
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foundations are a principal use in all residential zoning districts. No other changes are proposed to buildings on this site at this time. The proposed zoning designation of R-3 will not materially impact the existing buildings.
K. Encourage the most appropriate use of land throughout the jurisdictional
area. Yes, the proposed Zone Map Amendment will encourage the most appropriate use of land throughout the jurisdictional area. The most appropriate use of these properties is continued residential use and future residential development. The Bozeman Community Plan has designated these lots and the surrounding area as Residential in the Future Land Use map. The properties have close access to water and sewer mains in North 25th Avenue and Durston Road, proximity to a City fire station and are existing lots of land contiguous to the City on two sides. R-3 zoning allows for a broad range of residential housing types and will promote denser development as envisioned by the growth policy.
PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
APPENDIX A – PROJECT DESCRIPTION AND BACKGROUND The application seeks to annex four existing subdivided lots within Block 2 of the Kable Subdivision and establish an initial zoning designation of R-3, residential medium household district. The parcels are contiguous to the City on the north and west. Lots 5, 6 and 7 are accessed off of North 25th Avenue. Lot 8 is bounded by both North 25th Avenue and Durston Road. The subject properties proposed to be annexed total 1.0601 acres with 0.464 acres of adjacent right-of-way on North 25th. State law requires annexation of adjacent right-of-way at the same time as the private property. Lots 7and 8 contain an existing dwelling using well water and a septic system. A manufactured home was placed on-site in 2016. No land use permit exists for the manufactured home and it has not been connected to the existing septic system as of June 17, 2016. The existing septic system does not have a valid permit from the City-County Health Department. The property is requesting connection to the municipal
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water and sewer networks. The sewer and water mains are located in North 25th Avenue and Durston Road.
APPENDIX B – NOTICING AND PUBLIC COMMENT Noticing was provided for this project at least 15 and not more than 45 days prior to the City Commission public hearing. Notice for both public hearings was posted on-site on July 6, 2016 and mailed via First Class US Mail to all property owners of record within 200 feet of the property on July 5, 2016. The project was posted in the legal ads section of the Bozeman Daily Chronicle on July 3, 2016. One item of comment has been received on this proposed Annexation and Zone Map Amendment as of the writing of this staff report. The email requested the City annex Lots 1-4, Block 2, Kable Subdivision because the properties are currently billed for City utilities.
Staff response: The city cannot add additional properties to a property owner’s petition
for annexation under Part 46 MCA. The adjacent property owners must sign onto this
petition for the City to annex those properties with this application. The City would have to
initiate a separate annexation or the property owners would have to sign a new petition
for annexation. If additional public comment is received prior to the Zoning Commission and City Commission public hearings, it will be forwarded to the respective members.
APPENDIX C – PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation: The properties are designated as “Residential” in the Bozeman Community Plan. The Plan indicates that: “This designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to 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. The residential designation indicates that it is expected that development will
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occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area.”
Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-3, residential medium density district, in association with the annexation of the properties. The intent of the R-3 residential medium density district is “to provide for the development of one- to five-household residential structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses.”
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owners: Brett Holzer & Margaret Cleary, 2406 Durston Road, Bozeman, MT 59718 Leon Liebman, 1323 Mount Ellis Lane, Bozeman, MT 59715
Applicant: Brett Holzer, 2406 Durston Road, Bozeman, MT 59718
Representative: C&H Engineering and Surveying 1091 Stoneridge Drive, Bozeman MT 59718
Report By: Mitch WerBell, Assistant Planner
FISCAL EFFECTS No unusual fiscal effects have been identified.
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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
Annexation Map, Zoning Map, and Future Easement and Setback Exhibit
Violation Letter
Health Department Letter
Public Comment
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From:David Steel
To:Mitchell WerBell
Subject:david steel
Date:Wednesday, July 13, 2016 11:42:14 AM
Mitch, Regarding the "Annexation of 2406 Durston Road"......If the applicant is
successful in receiving approval for annexation, I believe the City should move
forward with the annexation of the 4 homes that are directly to the south of this
property (all of these houses front North 25th). I also believe that the city should
require the installation of sidewalks and curb and gutter and any necessary storm
drainage etc etc. Sincerely David Steel p.s. I would appreciate it if you would e-
mail me a itemized list of all the costs the owners of 2406 Durston will incure
....water/sewer hookup and other misc. city water utilities Plus the SID cost of
upgrading Durston Road. If you do not mind it would be helpful if your itemized list is
broken down per each of the 4 lots.
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