HomeMy WebLinkAbout04-10-17 City Commission Packet Materials - A1. Cresent Cross Annexation and ZMAStaff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 1 of 25
17032, City Commission Staff Report for the 2017 Cresent Cross Annexation
and Zone Map Amendment
Public Hearing Dates: Zoning Commission public hearing is on March 21, 2017.
City Commission public hearing is on April 10, 2017.
Project Description: Proposed amendment of the City Zoning Map for the establishment of
an initial zoning designation of R-5 (Residential Mixed-Use High Density District)
for one tract of record totaling 28.087-acres and adjacent right-of-way in association
with a Part 46 annexation petition.
Project Location: The property involved is generally located southeast of the intersection
of Huffine Lane and South Cottonwood Road and is legally described as Lot 3A-1,
Minor Subdivision 454C and a portion of Road Lot 2-MS 454, located in the west ½
of Section 15, Township Two South, Range Five East, P.M.M., Gallatin County,
Montana.
Recommendation: Approval of Annexation with terms and approval of 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 17032 and move to approve
the 2017 Cresent Cross Annexation with the 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, the deliberations and recommendation of the
Zoning Commission at the March 21, 2017 public hearing, and all information
presented, I hereby adopt the findings presented in the staff report for Application
17032 and move to approve the 2017 Cresent Cross Annexation Zone Map
Amendment with contingencies required to complete the application processing.”
Report Date: March 29, 2017
Staff Contact: Mitch WerBell, Assistant Planner
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action - Legislative
102
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 2 of 25
EXECUTIVE SUMMARY
Unresolved Issues
No known unresolved issues exist at this time.
Project Summary
The Department of Community Development received an application requesting annexation
of 28-acres of vacant agricultural land contiguous to the City on the north and west. The
accompanying Zone Map Amendment (ZMA) proposes the establishment of an initial
municipal zoning designation of R-5 (Residential Mixed-Use High Density District). The
subject property is not currently located within the corporate limits of the City of Bozeman
and the City is processing the ZMA concurrently with the Part 46 annexation petition. The
establishment of municipal zoning is predicated upon the approval of the annexation.
The intent of the R-5 (Residential Mixed-Use High Density District) is to provide for high
density residential development through a variety of compatible housing types and
residentially supportive commercial uses in a geographically compact, walkable area to serve
the varying needs of the community's residents. Offices and small scale retail and restaurants
are allowed as secondary uses provided special standards are met.
On March 1, 2017, the Development Review Committee (DRC) recommended approval of
the application with the recommended terms contingencies included in this report. The DRC
did not identify any regulatory or infrastructure constraints.
On March 21, 2017, the Zoning Commission held a public hearing and voted unanimously to
recommend that the City Commission approve the R-5 zoning request. No public comment
has been received.
103
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 3 of 25
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
SECTION 1 – EXHIBITS ........................................................................................................ 4
SECTION 2 – RECOMMENDED TERMS OF ANNEXATION ........................................... 9
SECTION 3 – RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT .. 10
SECTION 4 – ADVISORY COMMENTS ............................................................................ 10
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ...................................... 11
Annexation ........................................................................................................................ 11
Zone Map Amendment ..................................................................................................... 11
SECTION 6 – ANNEXATION STAFF ANALYSIS AND FINDINGS ............................... 12
SECTION 7 – ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .......... 17
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 23
APPENDIX A – PROJECT DESCRIPTION AND BACKGROUND .................................. 24
APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................... 24
APPENDIX C – PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 24
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 25
FISCAL EFFECTS ................................................................................................................. 25
ATTACHMENTS ................................................................................................................... 25
104
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 4 of 25
SECTION 1 – EXHIBITS
Existing Zoning
105
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 5 of 25
Community Plan Future Land Use Designation
106
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 6 of 25
Zoning Exhibit 107
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application 17032 Page 7 of 25
South Cottonwood Road at Huffine Lane
Subject Property
108
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application 17032 Page 8 of 25
South Cottonwood Road at Loyal Drive
Subject Property
109
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 9 of 25
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 “2017 Cresent Cross Annexation.”
2. An Annexation Map, titled “2017 Cresent Cross Annexation Map” with a legal
description of the property and any adjoining un-annexed rights-of-way and/or 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 applicant must provide a metes and bounds legal description prepared by a licensed
Montana surveyor and map of the area to be annexed including the South Cottonwood
Road right-of-way, prior to the preparation of the Annexation Agreement.
4. 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.
5. 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.
6. 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.
7. The applicant must pay the calculated amount for the Loyal Garden Lift Station and Sanitary Sewer Main payback area for the subject property as part of the Annexation Agreement ($69,210.02).
8. 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. Street improvements to South Cottonwood Road including paving, curb/gutter, sidewalk, and storm drainage
b. Street improvements to Stucky Road including paving, curb/gutter, sidewalk, and
110
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 10 of 25
storm drainage
c. Intersection Improvements to South Cottonwood Road and Huffine Lane
d. Intersection Improvements to South Cottonwood Road and Stucky Road
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.
9. The applicant must execute all contingencies and terms of said Annexation Agreement
with the City of Bozeman within 60 days of the receipt of the Annexation Agreement, or
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 is null
and void.
2. All documents and exhibits necessary to establish an initial municipal zoning designation
must be identified as the “2017 Cresent Cross Zone Map Amendment”.
3. The applicant must submit a Zoning Map, titled “2017 Cresent Cross 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, which will be utilized in the preparation of the Ordinance to officially amend the City of
Bozeman Zoning Map. The map must contain a metes and bounds legal description of the
perimeter of the subject properties, zoning district, and total acreage of the property.
4. The applicant must provide a metes and bounds legal description prepared by a licensed
Montana surveyor and map of the area to be rezoned, prior to the preparation of the Ordinance to officially amend the zone map.
SECTION 4 – ADVISORY COMMENTS
1. Future Impact Fees - Please note that future building permit applications will require
payment of the required transportation, water, sewer and fire impact fees according to the
111
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 11 of 25
City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit
www.bozeman.net.
2. Upon future development, the transfer of water rights or the payment of cash in-lieu
(CIL) of water rights must be provided pursuant to Bozeman Municipal Code 38.23.180.
3. Upon future development, South Cottonwood must be constructed to a full arterial street standard from the intersection of Huffine Lane to the southern property boundary, where
not already constructed, prior to a future final plat or site plan approval.
4. Upon future development, a 15-inch sanitary sewer main must be constructed in the
approximate alignment indicated in the 2015 City of Bozeman Wastewater Collection Facilities Plan Update at Cottonwood Road to provide sanitary sewer service to the property.
5. Upon future development, a 12-inch water main must be constructed in the approximate
alignment indicated in the 2017 City of Bozeman Water Facility Plan at Cottonwood
Road to provide water service to the property.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for a Part 46 annexation, the Development Review
Committee (DRC) voted on March 1, 2017 to recommend approval of the 2017 Cresent
Cross Annexation.
The City Commission will hold a public hearing on the annexation on April 10, 2017 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 2017 Cresent Cross Zone Map Amendment (ZMA) is in
conjunction with an annexation request. Staff’s recommendation and responses are
predicated on approval of the annexation.
The Development Review Committee (DRC) considered the ZMA on March 1, 2017. The
DRC did not identify any infrastructure or regulatory constraints that would impede the
approval of the application. The DRC recommended approval of the Zone Map Amendment
on March 1, 2017.
The Zoning Commission held a public hearing on the ZMA on March 21, 2017 and voted 4:0
to recommend the City Commission approve the ZMA with the recommended contingencies.
112
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 12 of 25
The City Commission will hold a public hearing on the ZMA on April 10, 2017 at 121 N.
Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
SECTION 6 – 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 property in question is contiguous to the City limits on the north and west. The adjacent
property to the north is zoned B-2. The property is also adjacent to R-1 and R-2 zoning to the
west. A public park separates South Cottonwood Road from the residential development to
the west.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the City,
without regard to parcel size.
The subject property is contiguous to the City on two sides, but is not wholly surrounded.
Unannexed properties exist generally to the south and east with agriculture as the
predominate use. The City has expanded infrastructure around this area and a range of
residential and commercial uses exist nearby. The property falls within the planning area
boundary as depicted in the growth policy. The map exhibits in Section 1 of this report show
the current City limits.
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 City advised the applicant
that future development will necessitate the extensions of capital facilities and the connection
to municipal water and sewer services. While the property is vacant, the City will provide
fire and emergency services immediately at the time of annexation.
113
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 13 of 25
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 applicant does not propose any development with this petition. The subject property falls
within the planned expansion area for municipal water and sewer services as recommended
in the most recently adopted capital facility plans. A dead-end water main exists at the
intersection of Loyal Drive and South Cottonwood Road. The City advised the applicant that
future development would require the extensions of street, water, and sewer infrastructure in
accordance with the adopted plans. The site is within area planned for residential
development in the 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.
The property owner dedicated the necessary public right-of-way for the future construction of
South Cottonwood Road with minor subdivision #454. This application will annex the
existing adjacent right-of-way necessary to provide full width of South Cottonwood Road,
which the City’s long-range transportation plan designates as a principal arterial street. The
City advised the applicant of the requirement that South Cottonwood Road must be upgraded
to a principal arterial where adjacent to the property with future development.
Section 38.23.180.C. of the Bozeman Municipal Code allows deferrals for the provision of
water rights or cash in-lieu for annexations of vacant land in excess of 10-acres. The vacant
subject property is 28-acres. The City advised the applicant of the requirement for the
transfer of water rights or cash in-lieu upon further development in accordance with Section
38.23.180.
Recommended Term of Annexation 5 requires the applicant to file a waiver of right to
protest the creation of a future parks maintenance district. Recommended Term of
Annexation 8 requires the provision of waivers of right to protest the creation of special
improvements districts for street and intersection improvements relevant to these properties.
The applicant must file the waivers with the Gallatin County Clerk and Recorder’s Office.
Policy 2: Issues pertaining to master planning and zoning shall be addressed in
conjunction with the application for annexation.
114
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 14 of 25
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. This annexation does not require a Growth Policy Amendment. The
application advances several goals of the adopted growth policy.
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 submitted a Zone Map Amendment requesting the establishment of an initial
municipal zoning designation of R-5 (Residential Mixed-Use High Density District). Section
7 of this report provides the Zone Map Amendment staff analysis and findings.
c. The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
The applicant requested the zoning designation of R-5 (Residential Mixed-Use High Density
District) with the application materials. On March 21, 2017, the Zoning Commission voted
unanimously to recommend that the City Commission approve the R-5 zoning request.
Policy 3: Fees for Annexation procedures shall be established by the City Commission. No
fee will be charged for any City-initiated annexation.
The applicant paid the required application review fees in accordance with the adopted fee
schedule on January 17, 2017.
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.
South Cottonwood Road serves the subject property. The road is fully paved and is partially
constructed to the principal arterial standard. At the time of future development, South
Cottonwood Road must be upgraded to a complete principal arterial where adjacent to the
property. The property owner dedicated the necessary public right-of-way for future street
construction with minor subdivision #454. This application will annex the existing adjacent
right-of-way.
115
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 15 of 25
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.
Section 38.23.180.C. of the Bozeman Municipal Code allows deferrals for the provision of
water rights or cash in-lieu for annexations of vacant land in excess of 10-acres. The vacant
subject property is 28-acres. The City advised the applicant of the requirement for the
transfer of water rights or cash in-lieu upon further development in accordance with Section
38.23.180.
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.
The subject property falls within the municipal emergency service area. Fire station #2 will
provide the shortest response times to serve this property. This application does not propose
any development that would require the immediate connection to water and sewer services.
No buildings exist on the property.
The City’s adopted water and wastewater facility plans call for extensions of municipal
mains along South Cottonwood Road as the City continues to grow southward. Staff advised
the applicant that future development would necessitate the extension of the trunk mains in
the proper alignment along South Cottonwood Road.
The property falls within the payback area boundaries for the Loyal Gardens Sanitary Sewer
and Lift Station. As part of the Annexation Agreement, recommended Term of Annexation
11 requires the payment of the payback area fees associated with the subject property and
based on acreage.
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.
While this property is contiguous to the City limits to the north and west, the applicant did
not request City services at this time. The property is currently not under contract for any
services. The City will address the extension of services at the time of future development.
116
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 16 of 25
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
The applicant must provide mapping materials with the Annexation Agreement to meet the
requirements of the Director of Public Works. Mapping requirements include 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 property, as addressed in
Recommended Terms of Annexation 1, 2, and 3.
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.
Recommended Term of Annexation 4 specifies this policy item. Future development,
including any connection to City utilities, will require the payment of transportation, fire, and
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.
Staff mailed notice of the public hearings to adjoining property owners within 200 feet of the
site and posted notice in the legal advertisements section of the Bozeman Daily Chronicle as
set forth in this policy. The applicant posted a large public notice board, provided by Staff,
on-site at a prominent intersection. Appendix B of this report further discusses public
noticing.
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.
Recommended Term of Annexation 9 identifies this policy item.
Policy 12: When possible, the use of Part 46 annexations is preferred.
The applicant initiated this annexation under Part 46 provisions.
117
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 17 of 25
SECTION 7 – 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 an adopted growth policy,
the Bozeman Community Plan. The property is located in an area planned for residential
development and is designated as Residential in the growth policy. R-5 zoning allows for a
great variation in dwelling types, promotes housing diversity, and permits residentially
supportive commercial uses such as small scale retail and restaurants. Staff did not identify
conflicts between the proposed zoning and the growth policy.
The proposed R-5 zoning advances several goals and objectives of the Community Plan.
Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in type,
density, cost, and location with an emphasis on maintaining neighborhood character and
stability.
Objective 1.1 – Encourage and support the creation of a broad range of housing types in
proximity to services and transportation options.
Staff Response: The proposed R-5 zoning allows for a broad range of housing
types for the subject property with close proximity to a variety of services, parks,
and multimodal transportation options including two principal arterials for
vehicular transportation. Existing and future shared use pathways will provide
direct access from the property to commercial services, public places, and
educational facilities.
Goal C-3: Neighborhood Design – New neighborhoods shall be pedestrian oriented,
contain a variety of housing types and densities, contain parks and other public spaces,
have a commercial center and defined boundaries.
118
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 18 of 25
Objective C-3.3: Establish minimum residential densities in new and redeveloping areas.
Staff Response: Zoning the parcel in accordance with the Residential future land
use designation will allow for future neighborhood development with a wide
range of housing types and densities. The proposed zoning is consistent with
existing high density zoning in establishing a minimum residential density for
new residential areas. R-5 zoning permits small scale commercial and the
property abuts existing B-2 zoning with commercial uses. Residential
development requires parkland dedication.
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. City Fire Station #2, located on South 19th Avenue, allows
for municipal emergency response times, which are typically less than those by non-
municipal service providers. While not proposed directly with this application, the City will
review future development of the property and will apply development standards 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 Bozeman zoning districts including the proposed R-5 (Residential
Mixed-Use High Density) have established development standards that address this criterion.
Any future development is subject to review for protection of the public health, safety, and
general welfare of the community. Future connection to municipal water and sanitary sewer
will reduce water contamination issues from an abundance of groundwater wells and will
eliminate environmental risks associated with septic systems. Municipal fire and emergency
response services will protect public health and safety and respond to the property at the time
of annexation. The subject property falls within the existing service area.
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. The currently vacant subject
property fronts on a principal arterial, South Cottonwood Road. Adequate public street right-
of-way exists for the full construction of South Cottonwood to the new City limits. Future
development necessitates a proper street grid to serve the subject property at the subdivision
and/or site plan stage. Extensions of Alpha Drive and Loyal Drive and the construction of a
north-south street on the eastern portion of the property will help define blocks and provide
secondary emergency access for future development.
119
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 19 of 25
The Fowler West paved trail exists on the western side of South Cottonwood Road to Loyal
Drive, providing a multimodal transportation pathway. The trail/sidewalk on Cottonwood is
nearly continuous from Huffine Lane to Oak Street. Installation on the east side of the south
side of Huffine began with the development of the Town Pump property. Future development
requires public sidewalks along internal public streets and a transportation pathway, adjacent
to the property along the eastern side of South Cottonwood Road, which is consistent with
the adopted parks and recreation plan. The trail and sidewalk extensions will connect to the
larger municipal pedestrian network linking major employment, education, and residential
areas.
The site is located with the municipal water and sewer service areas. The municipal water
system must be extended in accordance with the Water Facility Plan to provide water service
for future development of the subject property. The plan calls for a 12-inch main in the
appropriate alignment along South Cottonwood Road. The City advised the applicant of this
future requirement.
The City’s sanitary sewer system loops through the Loyal Gardens Subdivision to the west,
served by a local lift station. The 2015 Wastewater Collection Facilities Plan calls out a long-
term extension of a trunk sewer main along South Cottonwood Road. The City advised the
applicant that future development requires the extension of the 15-inch trunk main along
South Cottonwood Road to serve the subject property. Infrastructure review will occur at the
subdivision and/or site plan level.
The subject property falls within the Hyalite Elementary and Sacajawea Middle School
Districts. Bozeman School District #7 and Montana State University will provide educational
services to a range of potential residents.
High density residential development of the subject property will require a substantial
amount of parkland. The City’s PROST (Parks, Recreation, Open Space, and Trails) plan
advocates for the consolidation and aggregation of parkland to “develop larger and more
functional parks wherever possible.” Recommendation 10.1.2 of the PROST plan encourages
coordination of park facilities between adjacent developments. The Loyal Gardens
Subdivision includes 11.6-acres of public park, located directly across South Cottonwood
Road from the subject property and paralleling the Farmers Canal. The City anticipates the
linear continuation of the Loyal Gardens Park on the southern end of the subject property.
Parkland master planning and dedication will occur at the subdivision and/or site plan stage
to ensure proper accounting, layout, and quality public park improvements.
If the City annexes the subject property, all provisions set forth in the Bozeman Municipal
Code, including but not limited to, general land use standards and requirements and park and
recreation requirements will apply. Designation as an R-5 district rather than another
residential district will not materially affect these requirements.
120
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 20 of 25
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 City adopted the R-5 zoning district into the Bozeman Municipal Code
citywide based on conformance with the applicable Montana Code Annotated zoning criteria.
The R-5 district includes a 15-foot arterial street setback requirement, building height limit,
and similar standards to meet this criterion. Future residential development must provide
parkland. A broad strip of parkland buffers the lower density residential dwellings in the
Loyal Gardens subdivision from South Cottonwood Road and the agricultural uses to the
south. The pattern may continue with any future development of the subject property. It is
necessary to provide easements to protect existing agricultural water user facilities on the
site. These easements will provide additional open area and corresponding light and air. The
plat of minor subdivision 454C depicts 50-foot non-interference setbacks on both sides of the
Farmers Canal.
F. The effect on motorized and non-motorized transportation systems.
Yes, the proposed Zone Map Amendment will promote the motorized and non-motorized
transportation systems. The annexation and application of the R-5 district to the subject
property includes adjacent rights-of-way. An existing shared use path adjacent to the
property across South Cottonwood Road and Huffine Lane provides routes for non-
motorized transportation. This network links users to the Ferguson Farm development,
several parks, the Bozeman Gateway development, and Montana State University. The
development of a shared use path on the east side of Cottonwood began with the Town Pump
property immediately to the north. The City’s adopted and upcoming transportation plans and
the parks and recreation plan call out an expansive system of shared use pathways to provide
non-motorized transportation routes throughout the Gallatin Valley. Annexation and initial
municipal zoning of this large 28-acre parcel permits the completion of a missing land link in
the system.
If the subject property develops, the City’s street network will connect the property with a
grid of local and/or collector streets to the currently existing arterial network. Staff expects
the pattern to continue southward as services become available. In 2015, the City approved
an annexation and initial zoning of R-4 for approximately 20-acres along Stucky Road. The
City deferred the full construction of Stucky Road to the time of subsequent development of
the property in accordance with the Complete Streets Policy. Future construction of South
Cottonwood Road to municipal standards to Stucky Road will provide a major transportation
link between the western and southern limits of Bozeman as the southwest quadrant of the
city develops with housing and complimentary commercial services.
The City will review any future development of the subject property against all applicable
regulations to ensure the provision of required transportation facilities. The City advised the
applicant that South Cottonwood Road must be upgraded to the full arterial standard where
121
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 21 of 25
adjacent to the property at the time of development in conformance with the City’s Complete
Streets Policy and the Bozeman Municipal Code. Adequate right-of-way exists for future
public street and utility construction.
G. Promotion of compatible urban growth.
Yes, the proposed Zone Map Amendment will promote compatible urban growth. The City
adopted the R-5 zoning district in 2016 to further implement the goals and objectives of the
adopted growth policy. The proposed annexation and initial zoning will absorb a portion of
the remaining unannexed land within the current Bozeman planning area boundaries. The
subject property is contiguous to the existing municipal boundary. The City’s transportation
network serves the existing residential and commercial developments in the area. The
proposed zoning allows for a range of permitted uses and encourages high density residential
development along principal arterial streets. The minimum density for the R-5 district is eight
dwellings per net acre to support efficiency in use of the land, consistent with other existing
minimum density requirements.
H. Character of the district.
Yes, the proposed Zone Map Amendment will keep in character of the district. The
surrounding area hosts a wide ridge of complementary land uses. The growth policy
designates the subject property and areas to the south and west for residential uses. There are
two pockets of vacant and developed high density residential within a half mile of the subject
property. The Loyal Gardens Subdivision, located to the west, includes a range of zoning
from R-1 (Single-Household Low Density) to R-4 (High Density) along Huffine Lane, a
principal arterial street. The subdivision hosts many dwellings from detached single
household to multi-story apartments. The area to the south is unannexed but new annexations
will become likely with the extension of public services.
The area to the north is zoned commercial where a fueling station is currently located at the
prominent intersection of Cottonwood Road and Huffine Lane. This intersection works as the
anchor point for this de facto commercial node. The Ferguson Farm development, located
within biking and walking distance of the subject property, includes a variety of
complementary uses, existing and planned. Restaurants, markets, commercial offices,
lodging, and retailers serve the western edge of Bozeman as the area continues to grow with
residents. A currently vacant 31.6-acre tract across Huffine Lane will foster vertical mixed-
use development with high intensity in the future, based on its UMU (Urban Mixed-Use)
zoning.
The R-5 zoning proposed for the subject property allows for offices, small scale retail, and
restaurants as secondary uses, which will provide support services between the principal
commercial uses to the north and residential uses in the area. The project site is located
adjacent to either other intensive districts like B-2 or is separated from lower density areas.
122
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 22 of 25
The western property boundary of the site is over 275-feet from the nearest property line of a
private lot to the west. This large separation by streets and parks will prevent negative
impacts.
I. Peculiar suitability for particular uses.
Neutral. The proposed Zone Map Amendment will not affect any peculiar suitability for
particular uses. The City will review future development against the provisions set forth for
R-5 zoning in the Bozeman Municipal Code. The size of the property will allow for low or
high density residential development and small scale accessory commercial. R-5 permits a
broad range of uses, consistent with the Community Plan.
J. Conserving the value of buildings.
Neutral. The proposed Zone Map Amendment will not affect the value of buildings, as none
exist on the subject property. Adjacent properties are agricultural or commercial in nature.
The large separation to the west by S. Cottonwood Road and the park will limit any affect on
existing properties within the Loyal Gardens area. Future development will provide
additional tax revenue for the City. The City does not anticipate any negative effects to the
value of buildings in the area as a result of the proposed zoning.
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 growth policy identifies the most appropriate use of
this property as residential. R-5 zoning allows for a broad range of residential housing types
and will promote denser development as envisioned by the growth policy.
123
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 23 of 25
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.
124
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 24 of 25
APPENDIX A – PROJECT DESCRIPTION AND BACKGROUND
The application seeks to annex a 28-acre tract of land presently used for agriculture and
establish an initial zoning designation of R-5 (Residential Mixed-Use High Density District).
The parcel is contiguous to the City on the north and west. State law requires annexation of
adjacent right-of-way at the same time as the private property.
Future development will trigger capital facility requirements including extensions of the
municipal water and sanitary sewer systems and full construction of South Cottonwood Road
adjacent to the property in accordance with the Complete Streets Policy.
APPENDIX B – NOTICING AND PUBLIC COMMENT
Staff publicly noticed this project at least 15 and not more than 45 days prior to the Zoning
Commission and City Commission public hearings. The applicant posted notice for both
public hearings on-site on March 6, 2017. Staff mailed notice via First Class US Mail to all
property owners of record within 200 feet of the property on March 3, 2017. The Bozeman
Daily Chronicle provided notice in the legal ads section on March 5, 2017.
The City has not received any public comment on the application as of the writing of this
staff report.
Staff will forward any public comment to the City Commission.
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
125
Staff Report for the 2017 Cresent Cross Annexation and Zone Map Amendment, Application
17032 Page 25 of 25
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-5, residential mixed-use high density district, in
association with the annexation of the property. The intent of the R-5 residential mixed-use
high density district is “to provide for high density residential development through a variety
of compatible housing types and residentially supportive commercial uses in a
geographically compact, walkable area to serve the varying needs of the community's
residents. Offices and small scale retail and restaurants are allowed as secondary uses
provided special standards are met.”
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Cresent Cross, LLP, Dayle Kountz, 5550 Blackwood Road, Bozeman, MT
59718
Representative: Madison Engineering, LLC, 895 Technology Boulevard, Suite 203, Bozeman
MT 59718
Report By: Mitch WerBell, Assistant Planner
FISCAL EFFECTS
Staff did not identify any unusual fiscal effects. The property will provide additional tax
revenue for the City upon annexation and future development.
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
Zoning Commission Minutes from March 21, 2017
126
From:Chris Budeski
To:Mitchell WerBell
Cc:Shawn Kohtz; dayle@kountzareana.com
Subject:RE: Crescent Cross
Date:Tuesday, February 28, 2017 10:38:36 AM
Mitch:
I have went thru the R5 standards with the applicant and would like to have the City considerthe R5 instead of the R4 zoning for the property.
Sincerely:
Chris G. Budeski, PE
Madison Engineering, LLC
895 Technology Boulevard, Suite 203
Bozeman, MT 59718
406.586.0262 office
406.586.5740 fax
chris@mad-eng.com
From: Mitchell WerBell [mailto:MWerBell@BOZEMAN.NET] Sent: Friday, February 24, 2017 11:54 AMTo: 'Chris Budeski'Cc: Shawn Kohtz; 'dayle@kountzareana.com'Subject: RE: Crescent Cross
Chris- Please see attached DRC memorandum for the Crescent Cross Annexation. After further
research, I believe that Contingency #10 is satisfied and the entirety of the ROW exists from minor
sub 454. We will confirm and acknowledge that at DRC. We will provide final copies of the memo
following DRC unless there is a change requested for R-5. I’ll ask you about process and timing
moving forward at the meeting.
Have a good weekend,
Mitch WerBell | Assistant Planner
City of Bozeman
20 East Olive Street - P.O. Box 1230
Bozeman, MT 59771-1230
P: 406.582.2285
E: mwerbell@bozeman.net
www.bozeman.net
From: Chris Budeski [mailto:chris@mad-eng.com] Sent: Tuesday, February 21, 2017 8:33 AMTo: Mitchell WerBell
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
Zoning Commission
Tuesday, March 21, 2017 6:00 PM
City Commission Chamber – 121 N. Rouse Avenue
1. 06:00:20 PM (00:02:18) Call meeting to order (Garberg)
Present Were:
• Julien Morice
• Jordan Zignego
• George Thompson
• Eric Garberg
• Commissioner Chris Mehl
B. 06:00:34 PM (00:02:32) Changes to the Agenda
2. 06:01:00 PM (00:02:58) Approve Meeting Minutes:
• 2-21-2017
MOTION: Julien Morice motioned to approve minutes for 02-21-2017.
MOTION SECONDED: Jordan Zignego
ALL IN FAVOR: Motion Carries
D. 06:01:20 PM (00:03:18) Public Comment – Please state your name and address in an audible tone
of voice for the record. This is the time for individuals to comment on matters falling within the
purview of the Committee. There will also be an opportunity in conjunction with each action
item for comments pertaining to that item.
Please limit your comments to three minutes.
E. Action Items:
06:01:39 PM (00:03:37)
1. 17032 2017 Crescent Cross Annexation Zone Map Amendment (WerBell)
E of Huffine Lane and South Cottonwood Road - Lot 3A-1, Minor Subdivision 454C and a portion
of Road Lot 2-MS 454
Proposed amendment of the City Zoning Map for the establishment of an initial zoning
designation of R-5, residential mixed-use high density district for one tract of record totaling
28.087-acres and adjacent right-of-way in association with a Part 46 annexation petition
143
06:06:11 PM (00:08:09) Mitch WerBell reviewed criteria of evaluation for Crescent Cross Annexation.
Development Review Committee (DRC) recommended approval on March 1st, 2017. Zoning Commission
will forward a recommendation to the City Commission on April 10th.
06:07:06 PM (00:09:04) Q& A between Zoning Commission & WerBell
06:11:14 PM (00:13:12) Applicant Chris Budeski with Madison Engineering presented on behalf of
annexation. Budeski noted that the irrigation ditch along with the 50 foot setback would remain county
zoning. The annexation would begin at the setback.
06:14:24 PM (00:16:22) No public comment.
06:14:44 PM (00:16:42)
MOTION: George Thompson motioned to adopt the findings presented in the staff report for application
17032 and move to recommend the city commission approve the crescent cross annexation and zone
map amendment with contingencies required to complete the application process
MOTION SECONDED: Jordan Zignego
Discussion:
06:15:18 PM (00:17:16) Thompson noted that he thought this was an exciting opportunity to
introduce a mixed use development into the South Cottonwood area as it will provide nice infill
within the residential area. He supported his motion.
06:16:15 PM (00:18:13) Julien Morice voiced concern that R-5 zoning does not have lot coverage
restrictions and would provide opportunity for very tall buildings that may be controversial.
06:17:52 PM (00:19:50) Erik Garberg voiced support for some potential commercial
developments on the west side of town and noted that the residential development would be
more affordable than Black Olive.
ALL IN FAVOR: Motion Carries
06:20:18 PM (00:22:16)
2. 17067 Costco Catamount Parcel Annexation and Zoning (Rice)
5889 E Valley Center Dr. This application proposes annexation with initial zoning of B-2 Commercial for
4.68 acres for a future expansion of Costco.
06:23:47 PM (00:25:45) Mayana Rice points out that while the applicant’s intended use is to expand
Costco, the B-2 zone request is appropriate for other uses as this parcel is surrounded by other B-2 to
promote consistency.
144
06:24:33 PM (00:26:31) Rice reviewed criteria of evaluation and noted that the project met all criteria.
Staff is recommending approval.
06:26:11 PM (00:28:09) Applicant Clint Litle with DOWL presented on behalf of annexation and zoning.
Lidel noted that they are working with appropriate sources to ensure the correct process with the
wetlands.
06:27:44 PM (00:29:42) Q& A with Zoning Commission and applicant
MOTION: Julien Morice motioned to adopt the findings presented in the staff report for application
17067 and move to recommend the city commission approve the annexation and zone map amendment
with contingencies required to complete the application process
MOTION SECONDED: George Thompson
Discussion:
06:31:04 PM (00:33:02) Morice commented that this annexation and zone amendment makes
sense with the surrounding area.
ALL IN FAVOR: Motion Carries
F. FYI/Discussion
06:32:00 PM (00:33:58) George Thompson encouraged the Zoning Commission to review the line
drawings of the transportation plan throughout the area, put together by the TCC so that they’re
considering transportation plans when making decisions going forward.
06:33:11 PM (00:35:09) Erik Garberg noted that a grass roots organization would like to come speak
with the Zoning Commission and asked to consider putting them on the agenda if they follow up.
G. 06:34:08 PM (00:36:06) Adjournment (Garberg)
For more information please contact Tom Rogers at TRogers@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 ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301).
145