Loading...
HomeMy WebLinkAbout08-22-16 CC Mtg - A2. Kable Rezoning and AnnexationCommission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Mitch WerBell, Assistant Planner Chris Saunders, Interim Director of Community Development SUBJECT: Application 16252, an Annexation Petition for Four Existing Lots Located at 2406 Durston Road and 505, 515 and 525 North 25th Avenue, Totaling 1.0601 Acres with 0.464 Acres of Right-of-Way and Proposed Initial Zoning of R-3, Residential Medium Density District. MEETING DATE: August 22, 2016 AGENDA ITEM TYPE: Action RECOMMENDATION: Staff recommends the City Commission approve the Kable Subdivision Annexation and Zone Map Amendment, Application 16252. RECOMMENDED ANNEXATION 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 approve the Kable Subdivision Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. RECOMMENDED ZONING 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 approve the Kable Subdivision Annexation Zone Map Amendment with contingencies required to complete the application processing. BACKGROUND: This is a Part 46 petition to annex four existing lots and adjacent right-of- way totaling 1.52 acres with the establishment of an initial zoning designation of R-3, residential medium density district. On August 15, 2016, the applicant requested a continuation of the public hearing from August 15, 2016 to August 22, 2016. As part of the request, the applicant asked for additional time to review the recommended Terms of Annexation and to allow for an involved property owner to attend the public hearing on this application. The City Commission considered the request at its regularly scheduled meeting on August 15, 2016 and voted 4-0 to continue the public hearing on Application 16252 to August 22, 2016. An additional item of public comment was received by the Department of Community Development on August 17, 2016 and is attached to this packet. 37 UNRESOLVED ISSUES: None. ALTERNATIVES: The City Commission has the following alternative actions available: 1. Set an alternate date for the public hearing. 2. As identified by the City Commission FISCAL EFFECTS: None identified at this time. Report compiled on: August 16, 2016 Attachments: Applicant’s Request August 17, 2016 Public Comment Original Packet Materials from August 15, 2016 38 From:Brett Holzer To:Mitchell WerBell Subject:Kable sub annexation- 2406 Durston Date:Monday, August 15, 2016 4:53:48 PM Hi Mitchell, I am requesting we continue the annexation item from tonight's commission agenda to next Monday, August 22. We would then have time to get help fully understanding the list of conditions and costs attached. Also, Leon Liebman who owns the 2 south lots would be back in town and able to attend. Thank you for your consideration. Brett Holzer 39 77 August 16, 2016 City of Bozeman Department of Community Development Attn: Mitch WerBell PO Box 1230 Bozeman, MT 59771-1230 Re: Application 16252 Kable Subdivision Annexation and Zone Map Amendment Dear Mr. WerBell, My name is Angela Watschke and I live at 409 N. 25th Avenue, three doors south of the proposed annexation and zone map amendment. I am sorry that I could not attend the July 19 or August 15 meetings due to pregnancy and now our baby girl, who was born August 5th. I am writing to you as both a home owner with my husband, Chris, and as a mother of 2. I do not agree with changing the zoning classification to R-3, medium density housing as requested. I do acknowledge that Bozeman needs more dense and affordable housing. However, 25th avenue is not a good choice. Adding medium density housing will create more traffic, cyclists and pedestrians along with potential parking issues. Please note the primary reason for not allowing medium density housing below: 1. Current Unsafe Traffic Situation for Children, Families and Students a. The speed limit is 25 mph and there are 2 signs between Durston and Babcock on 25th Avenue (one blocked by trees on the East side of 25th). This is not sufficient speed control. Medium density housing means more drivers on 25th avenue. b. Virtually no cars drive within 5 mph of the speed limit. c. 25th is a thoroughfare; there are no stop signs between Durston and Babcock. Many people use this route to go to/from Town and Country Grocery and Kirk Park requiring a turn at Beal and 25th avenue. i. There is only a yield sign at the Beal/25th intersection and a blind curve to the south on 25th that makes crossing Beal (there are no cross walks) dangerous. d. The medium density housing close to Babcock on 25th Ave is an example of too many cars/people in a small space. This is more of a problem when MSU is in session. I am concerned that the same situation will occur at 25th and Durston. i. Driving towards Babcock on 25th past Villard requires slow speed and vigilance due to the immense amount of parked cars and cars backing out of driveways. ii. I will not ride my bike towing our daughter in the chariot because it is not safe on 25th South of Villard due to medium density housing. e. Bicycle traffic is dense on 25th avenue and there are no bike lanes. Again, this is a direct route to Town and Country Grocery and to/from campus via Babcock and 23rd Avenue. Adding apartments or townhomes means more students and children using 25th Avenue. f. The crosswalks on Durston and 25th are NOT EFFECTIVE. i. I’ve noted that several areas around Bozeman (Kagy near MSU and S. 3rd by Sacajawea Middle School) have blinking lights that a pedestrian can activate to 40 notify traffic to stop for pedestrians (mostly students) using the cross walks on busy roads. Durston and 25th needs this type of safety consideration. ii. I personally have pulled into traffic at Durston on 25th Ave. to stop traffic from the West while a Bus did the same for traffic from the West to allow an elementary student to cross Durston on her way to school. In addition, I was almost hit because an impatient driver went around stopped traffic while I was walking across Durston at the same intersection. iii. Traffic does not stop for pedestrians crossing Durston during morning and evening commute times. Drivers need a light or a crossing guard to tell them to stop. g. In the 4 homes that make up Kable Subdivision (minus the proposed property) there are 3 children, 3 years and under, and 1 more on the way. They will all attend Emily Dickenson Elementary School. They all need a safe way to get to/from school and to/from Kirk Park. h. Adding medium density housing will increase the number of children needing safe access to Emily Dickenson and Kirk Park. i. Adding medium density housing will most likely attract MSU student residents along with young families. This means more MSU students driving and biking to campus. They deserve a safe route to campus by bicycle and we all need better speed control for those who drive. I would like to see the City of Bozeman address the issues listed above before adding more congestion to North 25th Avenue with medium density housing. This includes adding 1) blinking lights at the cross walk on Durston and 25th that can be activated by pedestrians, 2) changing the intersection of Beal and N. 25th Ave to a 3 way stop vs. 1 yield sign to slow traffic, 4) adding cross walks for pedestrians across Beal at 2th and Beal and 4) more speed signs, better patrol and/or a speed indicator so drivers are aware of how fast they are going on North 25th Avenue. Thank you for your time and consideration. Please contact me anytime. Sincerely, Angela Watschke 409 N. 25th Avenue Bozeman, MT 59718 Cell: 406-581-4209 Email: angelawatschke@gmail.com Cc: City Commissioners 41 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 1 of 23 Application 16252, City Commission Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Public Hearing Dates: Zoning Commission public hearing was on July 19, 2016 City Commission public hearing is on August 15, 2016 Project Description: Part 46 petition to annex four existing lots totaling 1.0601 acres with 0.464 acres of right-of-way in association with a proposed amendment of the City Zoning Map for the establishment of an initial zoning designation of R-3, residential medium density district. Project Location: 2406 Durston Road and 505, 515 and 525 North 25th Avenue. Recommendation: Approval of Annexation with terms and Zone Map Amendment with contingencies. Recommended Annexation 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 approve the Kable Subdivision Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties.” Recommended Zoning 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 approve the Kable Subdivision Annexation Zone Map Amendment with contingencies required to complete the application processing.” Report Date: August 4, 2016 Staff Contact: Mitch WerBell, Assistant Planner Shawn Kohtz, Development Review Engineer Agenda Item Type: Action - Legislative 42 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 2 of 23 EXECUTIVE SUMMARY Project Summary The four subject lots are located in an unannexed block along the western half of North 25th Avenue. Residential medium density zoning, R-3, has been proposed as the initial zoning designation for the subject properties to fit with the R-3 zoning on the north and east and to allow for future residential infill development. The properties to the immediate south and west are still under the jurisdiction of Gallatin County. No further development is proposed with this application. There is an existing single household dwelling and a manufactured home on Lots 7 and 8. The property owner of Lots 7 and 8 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 owners and applicant followed up with this Annexation and Zone Map Amendment Application to address the current violations with Gallatin County. 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 services to correct the current violation. Staff recommends 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. Water and sewer mains are located in North 25th Avenue and Durston Road adjacent to the site. Alternatives As identified by the City Commission. 43 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 3 of 23 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................................ 2 Project Summary..................................................................................................................................... 2 Alternatives ............................................................................................................................................... 2 SECTION 1 – EXHIBITS ................................................................................................................................ 4 SECTION 2 – RECOMMENDED TERMS OF ANNEXATION .............................................................. 9 SECTION 3 – RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ............... 11 SECTION 4 – RECOMMENDATION AND FUTURE ACTIONS ....................................................... 11 Annexation ............................................................................................................................................. 11 Zone Map Amendment....................................................................................................................... 12 SECTION 5 – ANNEXATION STAFF ANALYSIS AND FINDINGS ................................................ 12 SECTION 6 – ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ......................... 17 PROTEST NOTICE FOR ZONING AMENDMENTS ............................................................................ 20 APPENDIX A – PROJECT DESCRIPTION AND BACKGROUND .................................................... 20 APPENDIX B – NOTICING AND PUBLIC COMMENT ...................................................................... 21 APPENDIX C – PROJECT GROWTH POLICY AND PROPOSED ZONING................................... 22 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF .......................................... 23 FISCAL EFFECTS .......................................................................................................................................... 23 ATTACHMENTS ........................................................................................................................................... 23 44 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 4 of 23 SECTION 1 – EXHIBITS Existing Zoning 45 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 5 of 23 Existing Zoning = Subject Property 46 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 6 of 23 Community Plan Future Land Use Designation 47 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 7 of 23 Zone Map Amendment Exhibit & Legal Description 48 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 8 of 23 Future Easement and Setback Exhibit 49 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 9 of 23 SECTION 2 – RECOMMENDED TERMS OF ANNEXATION The following Terms of Annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended Terms of Annexation: 1. The documents and exhibits to formally annex the subject properties must be identified as the “Lots 5-8, Block 2, Kable Subdivision Annexation.” 2. An Annexation Map, titled “Lots 5-8, Block 2, Kable Subdivision Annexation Map” with a metes and bounds legal description prepared by a licensed Montana surveyor of the perimeter of the subject properties including the full width of the North 25th Avenue right-of-way adjacent to the properties and any adjoining unannexed rights-of-way and street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be acceptable to the Director of Public Works and supplied on a mylar for City records (18" by 24"), a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County Clerk & Recorder’s Office and a digital copy for the City Engineer’s Office. 3. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 4. The applicant must execute at the Gallatin County Clerk & Recorder’s Office in conjunction with the annexation, a waiver of right-to-protest creation of S.I.D.’s for a City-wide Park Maintenance District which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 5. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman’s infrastructure master plans and all City policies that may be in effect at the time of development. 6. Within 60 days of the signing of the Annexation Agreement, the applicant must record at the Gallatin County Clerk & Recorder’s Office an Amended Plat showing the relocation or removal of the existing boundary line between Lots 7-8, Block 2, Kable Subdivision so the existing single household dwelling will be located out of the required yards for the R-3 district. 7. The applicant must provide a public street and utility easement or dedicate right-of- way to 50’ from the centerline of Durston Road along the northern boundary line of Lot 8 as part of the Annexation Agreement. 50 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 10 of 23 8. At the time of any demolition, relocation or substantial improvement to the single household dwelling currently located on Lot 8, Block 2, Kable Subdivision, the two existing drive accesses off of Durston Road must be properly abandoned and reconstructed with curb and gutter and a drive access must be constructed along North 25th Avenue to serve the property according to the City of Bozeman Modifications to Montana Public Works Standard Specifications. 9. Within 60 days of City Commission approval of the Annexation Agreement, the existing residence on the property must be connected to City water and sewer utilities. Water and sewer services must be constructed per City requirements. The applicant must contact the City Water and Sewer Superintendent to obtain details of construction of services. The City Water and Sewer Superintendent shall be notified a minimum of 48 hours prior to construction of the services. 10. Upon connection to the City water and sewer system, the existing on-site sewage treatment system must be properly abandoned and certification provided that the abandonment occurred. Any wells presently used for domestic purposes can be retained for irrigation only, with no physical connection to domestic water piping. Certification that there is no physical connection between an on-site well and the domestic water piping must be provided. The applicant must contact the Water and Sewer Superintendent to inspect disconnection of the well and septic tank abandonment. 11. The applicant must either meet all regulations set forth in the Bozeman Municipal Code and obtain a building permit for the manufactured home prior to connection to City water and sewer or the manufactured home must be removed from the property within 60 days of the signing of the Annexation Agreement. 12. The applicant must pay the related payback amounts to the City of Bozeman for the HRDC 8” sewer, HRDC 8” water, HRDC 10” water, Main Mall Sewer and Durston Road Payback areas as part of the Annexation Agreement. 13. The applicant must pay cash-in-lieu of water rights for Lots 5-8, Block 2, Kable Subdivision as part of the Annexation Agreement. 14. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Intersection improvements for North 27th Avenue and Durston Road b. Intersection improvements for Fowler Avenue and Durston Road c. Street improvements on Durston Road d. Street improvements on North 25th Avenue The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the Owner agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 51 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 11 of 23 15. The Annexation Agreement must be executed and returned to the City within 60 days of its distribution including exhibits, right-of-way, easements and payment of identified costs or the annexation approval shall be null and void. SECTION 3 – 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 within 60 days of City Commission approval of the Annexation Agreement, 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 4 – 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. 52 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 12 of 23 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 the approval of the application. The DRC recommended approval of the Zone Map Amendment on July 13, 2016. The Zoning Commission held a public hearing on July 19, 2016 and voted 3-0 to recommend the City Commission approve the ZMA. 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 5 – ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Resolution No. 4400 Criteria Resolution No. 4400 Goals Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land contiguous to the City. The properties in question are contiguous to the City limits on the east and north. Four lots to the south of the site in Block 2 of the Kable Subdivision and the entirety of Blocks 5 and 6 of the Western Subdivision to the direct west of the site remain unannexed. Goal 2: The City shall seek to annex all areas that are totally surrounded by the City, without regard to parcel size. The subject properties are contiguous to the City on two sides and are wholly surrounded. A large pocket of unannexed property exists generally adjacent to North Western Drive from Durston Road to West Babcock Street. The City has developed and expanded infrastructure around this area. The map exhibits in Section 1 of this report show the current City limits. 53 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 13 of 23 Goal 3: The City shall seek to annex all property currently contracting with the City for services such as water, sanitary sewer and/or fire protection. The subject properties do not currently contract for services. The application proposes to connect to City services following the signing of the agreement associated with this petition. The subject properties and the properties to the immediate west are part of a remaining county inholding within the City. Four lots to the south of the subject properties in Block 2 currently contract for City utilities but are not formally annexed. No annexation petition has been received by these property owners as of the writing of this report. Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land proposed for development lying within the service boundary of the existing sewer system as depicted in the Bozeman Growth Policy, and to encourage annexations within the urban growth area identified in the Bozeman Growth Policy. The subject properties are within the service boundary and are adjacent to water and sewer mains on North 25th Avenue and Durston Road. The site is within the area planned for urban development in the Bozeman Growth Policy. Resolution No. 4400 Policies Policy 1: Annexations shall include dedication of all easements, rights-of-way for collector and arterial streets, water rights, and waivers of right-to-protest against the creation of improvement districts necessary to provide the essential services for future development of the city. Recommended Term of Annexation 7 requires a public street easement or right-of-way dedication on Lot 8, necessary to provide full width of Durston Road which is designated as a minor arterial street in the City’s long-range transportation plan. Recommended Term of Annexation 14 requires waivers of right to protest for street and intersection improvements relevant to these properties. Recommended Term of Annexation 13 requires water rights or cash-in-lieu for the four lots associated with this annexation application. Recommended Terms of Annexation 4 and 14 require the applicant to file Right-To-Protest Special Improvement District Waivers with the Gallatin County Clerk and Recorder’s Office. 54 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 14 of 23 Policy 2: Issues pertaining to master planning and zoning shall be addressed in conjunction with the application for annexation. a. The initial application for annexation shall be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, said amendment process may be initiated by the applicant and conducted concurrently with the processing for annexation. The properties are designated “Residential” on the future land use map of the Bozeman Community Plan. No growth policy amendment is required. b. Initial zoning classifications of the property to be annexed shall be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, prior to final annexation approval. The applicant has applied for a Zone Map Amendment to establish an initial municipal zoning designation of R-3, residential medium density district. The Zone Map Amendment staff analysis and findings are located in Section 6 of this report. c. The applicant may indicate his or her preferred zoning classification as part of the annexation application. The applicant/owner has requested the zoning designation of R-3, residential medium density district within the application materials. Policy 3: Fees for Annexation procedures shall be established by the City Commission. No fee will be charged for any City-initiated annexation. The required application review fees were paid on June 8, 2016. Policy 4: It shall be the general policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property. The subject properties are bounded by North 25th Avenue and Durston Road. Annexation of these lots will facilitate obtaining the right-of-way needed to build Durston Road to a minor arterial street in the future. North 25th Avenue is fully paved. There is an existing City sidewalk and boulevard section with curb and gutter along the eastern portion of the North 25th Avenue local street section. Recommended Term of Annexation 8 requires the abandonment of the two drive accesses serving the existing dwelling unit at the time of any demolition, relocation or substantial improvement to said unit. Future access to the subject properties will be taken from North 25th Avenue. 55 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 15 of 23 A future financing mechanism such as a special improvements district or an addition to the Capital Improvements Plan may fund the future completion of the North 25th local street section with sidewalk, stormwater facilities and lighting. Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.23.180 of the municipal code. Recommended Term of Annexation 13 requires the applicant to pay cash-in-lieu of water rights for Lots 5-8, Block 2, Kable Subdivision at the time the Annexation Agreement is returned by the applicant. Policy 6: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public. If it is found that adequate services cannot be provided to ensure public health, safety and welfare, it shall be the general policy of the City to require the applicant to provide a written plan for accommodations of these services, or not approve the annexation. Additionally, annexation proposals that would use up infrastructure capacity already reserved for properties lying either within undeveloped portions of the City limits or lying outside the City limits but within the identified sewer or water service area boundaries, shall generally not be approved. City infrastructure and emergency services are available to these properties. Fire station #3 is located 1.2 miles away and has a current five-minute response time to serve these properties. Water and sewer mains are located under North 25th Avenue and Durston Road. These services were built to accommodate future development. Appropriate Payback areas were set up for fair and proportionate future cost sharing for these public utility lines. Recommended Term of Annexation 11 requires the Payback area fees associated with the subject properties to be paid as part of the annexation agreement. Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any contiguous property for which city services are requested or for which city services are currently being contracted. Lots 5-8 in Block 2 of the Kable Subdivision are contiguous to City property on the north and east. The applicant has requested connection to city services. Lots 1-4 in Block 2 of the Kable Subdivision lie to the direct south of the properties in this annexation request and are contiguous to the City on the east. These properties, respectively addressed as 2502 West Villard Street, and 409, 413 and 417 North 25th Avenue are currently billed by the City of Bozeman for water, sewer, stormwater, and 56 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 16 of 23 garbage utilities. These properties connected to City water and sewer in 1994 but are not formally annexed to the City of Bozeman and therefore not assessed City taxes. These properties were not included as part of this annexation petition. A map of these properties is included as an attachment to this report. Policy 8: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Mapping to meet the requirements of the Director of Public works must be provided with the Annexation Agreement. This includes an 18-inch x 24-inch mylar map, a reduced 8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes and bounds legal description of said properties. Mapping requirements are addressed in Recommended Terms of Annexation 1 and 2. Policy 9: It shall be the policy of the City of Bozeman to assess a system development/impact fee in accordance with Chpt. 2, Art. 6, Div. 9 Bozeman Municipal Code (Impact Fees), and in accordance with the Bozeman Growth Policy and other policies as they are developed. This policy item is specified in Recommended Term of Annexation 3. Water and sewer impact fees are due at the time of connection for the existing dwelling unit. Transportation impact fees are not required for the existing dwelling. Future development including any connection to City utilities for the manufactured home will require the payment of transportation, fire, water and sewer impact fees. Policy 10: Public notice requirements shall be in compliance with Montana Code Annotated. In addition, notice shall be posted in at least one conspicuous location on the site in question, and mailed to all owners of real property of record within 200 feet of the site in question using the last declared county real estate tax records, not more than 45 days nor less than 15 days prior to the scheduled action to approve or deny the annexation by the City Commission, specifying the date, time and place the annexation will be considered by the City Commission. The notice shall contain the materials specified by Section 38.40.020.A&B.1, BMC. Notices of the public hearing have been mailed to adjoining property owners within 200 feet of the site, posted in the legal advertisements section of the Bozeman Daily Chronicle and posted on-site as set forth in this policy. Policy 11: Annexation agreements shall be executed and returned to the City within 60 days of distribution of the annexation agreement, unless another time period is specifically identified by the City Commission. This policy item is specified in Recommended Term of Annexation 15. 57 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 17 of 23 Policy 12: When possible, the use of Part 46 annexations is preferred. This annexation is being processed under Part 46 provisions. SECTION 6 – 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 criterion, and will enable improved emergency services response from City agencies. City Fire Station #3 is located within a four- minute drive, allowing for five-minute emergency response times. While not proposed with this application, future development of the properties is subject to 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. 58 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 18 of 23 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 properties are given an official zoning designation, access to the 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 northern boundary of Lot 8 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 as 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. F. The effect on motorized and non-motorized transportation systems. Neutral. The application of the R-3 district to the subject properties 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 59 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 19 of 23 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 retain the consistency of 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 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. 60 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 20 of 23 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 density 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 7 and 8 contain an existing dwelling that uses 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 had 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 water and sewer networks. The sewer and water mains are located in North 25th Avenue and Durston Road. 61 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 21 of 23 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 Mail to all property owners of record within 200 feet of the subject properties on July 5, 2016. The project was posted in the legal ads section of the Bozeman Daily Chronicle on July 3, 2016. Two items of public comment have been received on this proposed Annexation and Zone Map Amendment as of the writing of this staff report. An email received on July 13, 2016 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. Annexation of Lots 1-4, Block 2, Kable Subdivision corresponds with several goals and policies of the City. A letter received on July 20, 2016 expressed concerns of safety on North 25th Avenue, lack of sidewalks and increased population density with this proposal. The letter also asked that the City have traffic engineers review the concerns prior to taking any formal actions that would further compromise safety on North 25th Avenue. Staff response: The recommendations contained within this report relate directly to the formal annexation petition by the property owners. The Development Review Committee voted unanimously to recommend approval of this application as there were no infrastructure or regulatory constraints identified that would impede approval. Any future development of the involved properties will be subject to review by the City of Bozeman, at which time sidewalks and other infrastructure improvements may be required to serve the site if not already existing. The City may create Special Improvement Districts to fund completion of public infrastructure improvements including sidewalks, curb and gutter, stormwater and street lighting on a proportionate fair-share basis for annexed properties. Recommended Terms of Annexation 4 and 14 require the applicant to file Waivers of Right-To-Protest the creation of Special Improvement Districts with the Gallatin County Clerk and Recorder’s Office. 62 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 22 of 23 If additional public comment is received prior to the City Commission public hearing, 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 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 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.” 63 16252 Staff Report for the Kable Subdivision Annexation and Zone Map Amendment Page 23 of 23 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. 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 07/19/2016 Zoning Commission Minutes Adjacent Properties Exhibit Utility Billing Screenshots 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 COUNTY ZONING DISTRICT 1 - R ZONINGEXISTING Z O N I N G : R 3 (CITY) EXISTING Z O N I N G : R 3 (CITY)AREA OF ANNEXATIONR3 ZONING t 93 COUNTY ZONING DISTRICT 1 - R ZONINGEXISTING Z O N I N G : R 3 (CITY) EXISTING Z O N I N G : R 3 (CITY)AREA OF ANNEXATIONR3 ZONING t 94 95 96 97 98 99 100 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. 101 Zoning Commission Tuesday, July 19, 2016 7:00 PM City Commission Chamber – 121 N. Rouse Ave. A. Call meeting to order Erik Garberg – Present George Thompson – Present Chris Mehl – Present Julien Morice - Present B. 06:11:12 PM (00:00:02) Changes to the Agenda C. 06:11:15 PM (00:00:05) Public Comment – No Public Comment D. 06:11:36 PM (00:00:26) Action Items 1. 06:11:44 PM (00:00:34) Application 16252, Kable Subdivision Annexation Zone Map Amendment (WerBell) 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 located at 2406 Durston Road and 505, 515 and 525 North 25th Avenue. 06:11:56 PM (00:00:46) Mitch WerBell begins the presentation on the Kable Subdivision Annexation ZMA. 06:17:06 PM (00:05:56) Questions for staff 102 06:17:44 PM (00:06:34) Commissioner Mehl questions if the public comment received was from someone who lives within the property being proposed. Mr. Werbell responds that he lives within the City and not within the property being discussed. Commissioner Mehl requests that Mr. WerBell forward him his response to the gentleman who provided public comment. 06:18:15 PM (00:07:05) Commission Mehl questions the zoning of some of the properties in the area and why they are R-2 while this application is for R-3. Mr. WerBell responds that it is his understanding that those applicants had requested R-2 and this applicant came forward requesting R-3 which is consistent with the other adjacent properties. 06:19:34 PM (00:08:24)Mike Balch – C&H Engineering begins presentation, primarily discussing why they chose R-3 over R-2 based on adjacent properties. 06:20:39 PM (00:09:29) Questions for the applicant representative. Commission Mehl questions if applicant has read the staff report and agrees with the terms for annexation. Applicant’s representative said he has read and agrees with the terms. 06:21:06 PM (00:09:56) George Thompson questions sewage tie ins for the property. Applicant responds where they will connect to water and sewer and impact on community and future annexed properties. 06:23:05 PM (00:11:55) No further conversation with applicant Open for Public Comment 06:23:39 PM (00:12:29) John Alman – 417 N 25th – He is one of the properties south of the property being discussed and he wants to know what the ramifications of the annexation will be for him. Board states that what he is asking is different than what the board is voting on tonight. Commissioner Mehl stated that he would discuss their question following the board meeting since what they’re asking does not fall within the purview of the board. 06:25:10 PM (00:14:00) Brett Holzer – Local property owner commented on the trailer there. 06:26:01 PM (00:14:51) Julien Morice moves “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 process.” Second by George Thompson 103 Julien Morice states that within the purview of the zoning commission, this is pretty straight forward. There are some questions that need to be asked with regards to the annexation, but not within the purview of the zoning commission. He does feel that R-3 is appropriate. 06:27:32 PM (00:16:22) Erik Garberg agrees with Julien Morice’s statement. 06:27:51 PM (00:16:41) Board unanimously approves. Mr. Garberg confirms with Mitch WerBell that the annexation will be presented to the City Commission on August 15th. E. 06:28:24 PM (00:17:14) FYI/Discussion – No FYI/Discussion F. 06:28:29 PM (00:17:19) Adjournment For more information please contact Alicia Kennedy at akennedy@bozeman.net This board generally meets the first and third Tuesday of the month at 7:00pm Committee meetings are open to all members of the public. If you have a disability and require assistance, please contact our Interim ADA coordinator, Chuck Winn at 582-2307 (TDD 582-2301). 104 Unannexed properties currently contracting for City utilities Properties proposing to annex to the City 105 106 107 108 109