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17-230, Staff Report for the Bridger Vale Annexation and Zone Map
Amendment
Public Hearing: Zoning Commission public hearing is on October 3, 2017.
City Commission public hearing is on October 23, 2017.
Project Description: Annexation #17-230 requesting annexation of 6.49 acres and
amendment #17-230 of the City Zoning Map for the establishment of a
zoning designation of REMU “Residential Emphasis Mixed Use” and PLI
“Parks, Open Space and Recreational Land”.
Project Location: 806 Manley Road, Bozeman, MT. The property is legally described as
Remaining Tract GLR-1 of COS 157, Section 31, Township 1S, Range 6E, Gallatin County, Montana. Recommendation: Approval with terms of annexation and 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 #17-
230 and move to approve the Bridger Vale 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 #17-
230 and move to approve the REMU Zone Map Amendment, with
contingencies required to complete the application processing.
Report: Before the Bozeman Zoning Commission on Tuesday, October 3, 2017, 6:00 p.m.,
in the City Commission Room, 121 North Rouse Avenue, Bozeman,
Montana
Staff Contact: Chris Saunders; Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
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Project Summary
The applicant, Ebbighausen Homes, Inc., seeks to annex 6.49 acres into the City limits and
establish initial zoning of REMU, “Residential Emphasis Mixed Use” on a portion of the property (4.67 acres), and PLI, “Public, Open Space and Recreational Lands” on the remaining portion of the property (1.83 acres). The application also includes a PUD preliminary plan and a subdivision preliminary plat (not addressed within this staff report). See Appendix A for a
detailed project description and background.
Because of the unique nature of this proposal, a combination of policies and issues were addressed when evaluating the appropriateness of the request:
1. Annexation Goals and Criteria,
2. Section 76-2-304, MCA (Zoning) Criteria,
3. public interests in access to and protection of the East Gallatin Recreation Area, and
4. environmental, health, safety, and welfare issues regarding the former landfill located
to the east of the subject property.
The site is currently vacant and being used for cattle grazing with the primary access road for the East Gallatin Recreation Area (EGRA) running through the property in an easement.
Gallatin Park Subdivision is located across Manley Road from the subject property and contains administrative, single family residential, commercial retail services and other mixed-uses. Sunfish Park Minor Subdivision is located to the south and is a 5-lot residential subdivision. Recommendation in favor of the application reflects the finding that the REMU/PLI zoning
designation is in accordance with the overall intent of the growth policy and that development that would be allowed within that designation will fit appropriately as a transitional land use among adjacent properties and uses. Additionally, with the recommended conditions of approval, public access to the EGRA will be maintained and the provision of additional park lands will be a benefit to the community and area as a whole.
Alternatives
1. Approve the application with the recommended contingencies; 2. Approve the application with modifications to the recommended contingencies; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 7
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 9
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10
Annexation ........................................................................................................................ 10
Zone Map Amendment ..................................................................................................... 10
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 10
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 15
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 19
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 20
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 21
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 21
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF ............................ 22
FISCAL EFFECTS ................................................................................................................. 22
ATTACHMENTS ................................................................................................................... 22
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SECTION 1 - MAP SERIES
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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. An Annexation Map, titled “Bridger Vale Annexation Map” with a legal description of the property and any adjoining unannexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18" by 24"), a reduced 8 ½" by 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement with the Office of the Gallatin
County Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map must be acceptable to the Director of Public Works and the City Engineer’s Office, and must be submitted with the signed Annexation Agreement. 2. The applicant must execute all contingencies and terms of said Annexation Agreement
with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 3. The documents and exhibits to formally annex the subject property must be identified as the “Bridger Vale Annexation.”
4. Institutional controls in place to provide notice regarding the adjacent landfill and preventing potentially hazardous activities, including: a. A note in the annexation agreement identifying the presence of the adjacent
landfill and the need for ongoing monitoring. b. A note in the annexation agreement requiring the institutional controls to be in place prior to constructing buildings. c. Grant of access by Owner to the City of Bozeman for sampling in the short and long term.
d. Restrictions on on-site wells for domestic or irrigation uses. e. Easements for streets, public access, and utilities. 5. The land owners and their successors shall pay all fire, street, water and sewer impact fees at the time of connection; and for future development as required by Chapter 3.24,
Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 6. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of special improvements districts (SIDs) for the
following:
a. Street improvements to Manley Road including paving, curb/gutter, sidewalk, and storm drainage.
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b. Street improvements to East and West Griffin Drive including paving, curb/gutter,
sidewalk, and storm drainage.
c. Intersection improvements to the intersection of Manley Road and East Griffin Drive. d. Intersection improvements to the intersection of West Griffin Drive and N. 7th Avenue.
e. Intersection improvements to the intersection of East Griffin Drive and Bridger
Drive. f. Railroad crossing improvements on East Griffin Drive. The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer 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. The applicant must use the City standard template form as the basis for the
SID waivers, which may be obtained from the City Engineering Division. The
applicant must provide a copy of the SID waivers filed with the County Clerk and Recorder prior to annexation. 7. Bozeman Municipal Code (BMC) 38.24.050.A.1 states: All streets and roads providing
access to, and within, the proposed development shall meet the following standards: Right-
of-way width and construction standards contained in this chapter, the most recently adopted long range transportation plan, the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to Montana Public Works Standard Specifications shall apply. Specific dedications required include:
a. The applicant must dedicate a public street and utilities easement for Manley Road 45-feet from the centerline of Manley Road where adjacent to the property boundary. The applicant must provide an original, executed easement on City standard form to the City Engineering Division prior to annexation.
b. The applicant must dedicate a (minimum 60’ wide) public street and utilities easement for the access road from Manley Road to the adjacent park (East Gallatin Recreation Area). The applicant must provide an original, executed easement on City standard form to the City Engineering Division prior to annexation.
8. The applicant has provided reporting of environmental contamination detected by groundwater and soil sampling on the subject site. The applicant must enter into an agreement with the City that governs requirements related to contamination prior to annexation.
9. BMC Section 38.23.180 states: the transfer of water rights or the payment of cash-in-lieu (CIL) of water rights shall be provided. The applicant must contact the City Engineering Division (Brian Heaston) for an analysis of CIL of water rights for the parcel and pay any
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CIL of water rights due as a condition of annexation unless the CIL payment is allowed to
be deferred per Mr. Heaston’s analysis.
10. The annexation agreement shall include notice that prior to the development of the property, the developer will be responsible for installing and facilities required to provide full municipal services to the property in accordance with the City’s Infrastructure Master
Plan, adopted Community Plan, and all city policies and guidelines that may be in effect at
the time of development.
11. Any future residential or commercial development shall construct a sub-slab vapor mitigation system to eliminate any environmental concerns as a result of VOC studies
related to the nearby former landfill.
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. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Bridger Vale Zone Map Amendment.” All required
documents must be returned to the City within 60 days of the City Commission action to
annex the property or the preliminary approval shall be null and void. 2. That the Ordinance for the Zone Map Amendment shall not be finalized 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.
3. That the applicant must submit a zone amendment map, titled “Bridger Vale Zone Map Amendment”, on a 24” by 36” mylar, an 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. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent right-of-ways, and total acreage of the property.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) on September 13, 2017 recommends approval of the requested
annexation.
The Zoning Commission will hold a public meeting on the annexation on October 3, 2017.
The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6
p.m.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Bridger Vale Zone Map Amendment (ZMA) is in conjunction
with an annexation request. Staff’s recommendation and staff responses are predicated
on approval of the annexation, application #17-230.
The Development Review Committee (DRC) considered the amendment on September 13,
2017. The DRC did not identify any infrastructure or regulatory constraints that would
impede the approval of the application.
The Zoning Commission will hold a public hearing on this ZMA on October 3, 2017 and will
forward a recommendation to the Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the zone map amendment on October 23,
2017. 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:
Commission Resolution No. 4400 Criteria
Commission 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 east, west, and south sides.
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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 not totally surrounded by the City on all sides, but is contiguous on
three out of four sides.
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 property is not currently contracting with the City for water, sewer, or fire
protection. Connection to municipal infrastructure for the property will be the responsibility
of the owner at the time of development of the property. Currently there are sanitary sewer
services located in Gallatin Park Drive and water services on Manley Road that can serve
residential construction on the subject property.
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 property is located within the service boundary of the existing sewer system,
with a mainline located along Gallatin Park Drive to the east which can be used for potential
future residential development. The site is also located within the urban growth area
(identified as “Parks, Open Space, and Recreational Lands”) of 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.
The Recommended Terms of Annexation include requirements to dedicate all easements,
rights-of-way for 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 terms of annexation require that the applicant must dedicate a public street
and utilities easement for Manley Road to the adjacent park (East Gallatin Recreation Area).
The easement is the primary access through the property, and will provide the primary
location for water and sewer extensions to serve future development of the property. The
applicant must provide an original, executed easement on City standard form to the City
Engineering Division prior to annexation.
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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 Future Land Use Map of the Bozeman Community Plan designates the subject property as “Parks, Open Space, and Recreational Lands.” The Community Plan indicates that “all
publicly owned recreational lands, including parks, are included within this category, as well as certain private lands. These areas are generally open in character and may or may not be developed for active recreational purposes. This category includes conservation easements which may not be open for public use.” While the proposed REMU zoning is not in accordance with the Future Land Use Map designation, the proposed PLI zoning does
conform, and the dedication of the additional park land and improved right-of-way with dedicated easements allowing public access to the EGRA are seen as a public benefit. Additionally, the proposed REMU zoning is an appropriate transitional zone between adjacent residential and mixed-use land uses and is seen to meet the overall intent of the growth policy. The site is privately owned, and thus its current designation of Parks, Open
Space, and Recreational Lands does not allow any public use of the property. The proposed mix of REMU and PLI zoning designations would allow development that would provide an increased opportunity for recreation and dedicated public access to the EGRA, and thus result in substantial compliance with the intent of the 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 has applied for a Zone Map Amendment, as the subject property is currently under the zoning jurisdiction of Gallatin County (Zoned M-I, Manufacturing and Industrial). As a result, an application for a Zone Map Amendment is being processed concurrently with
the annexation request to establish a new zoning designation under the City of Bozeman. The
applicant has requested a mix of REMU, “Residential Emphasis Mixed-Use” and PLI, “Public Lands Institutional” zoning designation on the subject property. c. The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
The applicant/owner has indicated that they prefer a zoning designation of “REMU” and
“PLI”, as noted on the Annexation and Initial Zoning Map.
Policy 3: Fees for Annexation procedures shall be established by the City Commission.
No fee will be charged for any City-initiated annexation.
The appropriate application processing and review fees accompanied the application.
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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 current access to the property is from Manley Road, which is paved to the edge of the subject property. Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee available services. Section 38.07.010.C of the Unified
Development Code states: “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed within
that district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
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.
As stated in the Recommended Terms of Annexation (#9), the applicant must contact the
City Engineering Division (Brian Heaston) for an analysis of CIL of water rights for the
parcel and pay any CIL of water rights due as a condition of annexation. Staff supports
deferral of water rights until development of the site.
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 the subject property. The site is
located adjacent to developments that are currently served by Bozeman Fire. Recommended
Term of Annexation #10 includes the provision that the developer will be responsible for
installing facilities required to provide full municipal services to the property in accordance
with the City’s Infrastructure Master Plan, adopted Community Plan, and all city policies and
guidelines that may be in effect at the time of development.
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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.
City services are not currently being provided to this property. The applicant intends to seek
municipal sewer and water connections for new construction upon annexation approval.
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. Typically, this includes an 18-inch by 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. Mapping requirements are addressed in
Recommended Term of Annexation # 1.
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.
The applicant will be required to pay all fire, street, water, and sewer impact fees at the time
of connection for any future development as noted in Recommended Term of Annexation #5.
Standard language addressing this policy has been developed by the City Attorney for
inclusion with all annexation agreements.
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 sent and posted on the site as set forth under 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 #2.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
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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 (letters A-K). 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 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. Although not in obvious accordance with the growth policy map, the property, if zoned
REMU and PLI, would be in accordance with the overall intent of the growth policy. The
current land use designation of the site on the growth policy map is Parks, Open Space, and
Recreational Lands. The site is privately owned, and thus its current designation does not
create any public right of use to the property. The applicant intends to set aside a large
portion of the property as park land under PLI zoning, and substantially enhance the EGRA
access drive by paving, realigning, and providing a landscaped median and pedestrian
sidewalks.
If the annexation and zoning is approved, development that fits within the REMU/PLI zoning
requirements would be allowed instead of being allowed to be developed within the current
county zoning of M-I, Manufacturing and Industrial. The current adjacent zoning of M-1
(Light Manufacturing) to the west, R-1 (Residential Low Density) to the south, and PLI
(Public Lands/Institutions) to the south/southeast includes a complex mix of allowed uses.
By allowing the subject property to be zoned a mix of REMU and PLI, it would provide a
suitable transition between the adjacent uses and maintain the character of the district.
Furthermore, the growth policy maps specifies the future land use of adjacent areas to be
Rural to the north, Parks, Open Space and Recreational to the south/southeast, Residential to
the south, and Industrial to the west. The proposed zoning of REMU/PLI would maintain the
overall intent of the growth policy within this area by providing an appropriate transition
between intended future land uses and by enhancing public parks and access to the EGRA.
B. Secure safety from fire and other dangers.
Yes. The subject property is located adjacent to developments that are currently served by
Bozeman Fire. To the east of the site, there is a former landfill that is a low-level Montana
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Comprehensive Cleanup and Responsibility Act (CECRA) site and is no longer in operation.
Cleanup of the site is managed by the Montana DEQ. In a recent study conducted in 2015,
Volatile Organic Compounds (VOCs) that are not naturally occurring were detected in
groundwater and soil vapor along the southern and eastern margins of the property at low
levels with one indication of vinyl-chloride which exceeded the human health standard. A
Recommended Term of Annexation (#11) has been proposed to protect future residents from
potential exposure to the identified VOCs, which states: “All lots shall construct a sub-slab
vapor mitigation system to eliminate any environmental concerns.”
Additionally, a portion of the property on the south side is located within the 500-year flood
plain and there are wetlands located along the west side near the existing ditch. A wetland
delineation study and report have been prepared for the site. The proposed residential and
commercial properties are proposed outside of these areas which will protect property from
potential flooding damage. Slab foundations are also proposed on the residential lots which
will prevent potential groundwater damage that might otherwise occur on structures with a
full basement.
C. Promote public health, public safety, and general welfare.
Yes. The proposed PLI zoning provides increased opportunity for recreation which promotes
public health for users of the parks. Access to the existing portion of the EGRA will also be
improved through provision of upgraded vehicular access as well as construction of new
pedestrian facilities. Wider paved lanes will improve safety for cyclists, and the new
sidewalks will encourage non-motorized access to the site which promotes public health and
safety. General welfare will be promoted through new residential townhomes which will
provide a variety of housing options for area residents. Provision of additional park land
adjacent to the EGRA also promote general welfare by providing an expansion of
recreational opportunities. The residential development serviced by the existing municipal
sanitary sewer and water systems promotes public health by protecting groundwater from
degradation associated with on-site septic systems and domestic wells. Stormwater will be
managed in bio swales and retention facilities to filter out sediment and treat runoff.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The property is located to the east of Manley Road, which contains an existing 10”
water main, and there is a sewer main in Gallatin Park Drive. The applicant intends to
connect to both of these lines for future development on the site. The subject property is in
the Emily Dickenson Elementary School and the Chief Joseph Middle School service areas.
The property is near the EGRA and trail systems, and the proposed 1.83 acres of PLI zoned
land would provide additional access to park lands beyond the existing EGRA. Additionally,
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transportation improvements to the EGRA access road will provide and improve pedestrian
and vehicular access.
E. Reasonable provision of adequate light and air.
Yes. The proposed zoning will allow development at a similar density to the adjacent
residential and commercial developments. This will ensure adequate light and air for the
current residents. Additionally, the placement of PLI zoned land allows a generous separation
between residential units on Turtle Way and any future development on the subject property.
These measures will promote an open feeling and maintain the open air and ample sunshine
to the properties. The proposed PLI zoning will be open parkland and therefore will provide
light and free flow of air through the site.
F. The effect on motorized and non-motorized transportation systems.
Yes. Motorized and non-motorized transportation will increase as a result of the new zoning
which allows residential and commercial uses on the property. With the addition of
transportation facilities, non-motorized traffic is also promoted by this project. The
improvements to the EGRA access road are seen as a benefit to the public users of the
recreation area. A traffic report has been provided with this submittal which summarizes the
traffic impacts expected with this development.
The intersection of Griffin Drive and Manley Road is presently not providing an adequate
level of service. Plans are underway to make improvements to the intersection to correct that
problem. Griffin Drive is an arterial street and Manley Road is a collector street and they
serve large traffic sheds out into the county. Development of this site will create a minor
increase in use. Level of service analysis will occur during development review and
mitigation measures will be identified and applied at that time.
G. Promotion of compatible urban growth.
Yes. The subject property is located at the edge of the current Bozeman City limits line and
within the urban growth area as defined in the Community Plan. The proposed REMU and
PLI zoning designations would allow a mix of residential, commercial, and park land in an
area surrounded by similar uses. Specifically, the REMU/PLI land would provide an
appropriate transition between residential and park land uses located to the south and east,
with manufacturing and industrial uses located to the west and north.
H. Character of the district.
Yes. The new zoning aligns with existing zoning in the area. The site is bordered to the south
by a residential neighborhood zoned R-1. The property adjacent to the west is zoned M-1
(Industrial), while the property to the east is zoned PLI (Public Lands and Institutions). By
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zoning this parcel a combination of REMU and PLI, it serves as an appropriate transition
between the various zoning designations in this area and the character of this district is
maintained.
I. Peculiar suitability for particular uses.
Yes. The proposed zoning layout coincides with connections to the existing EGRA lands to
the east. The proposed zoning establishment will create an addition of park land in a suitable
area due to the adjacency of existing park facilities. Additionally, the subject property is
currently being used for the drive entrance to the existing EGRA. Proposed development will
improve and widen the drive entrance by providing new paving, stormwater improvements,
and sidewalks, all which will will positively affect this area’s suitability for use as an
approach to the park.
J. Conserving the value of buildings.
Neutral. There are no current buildings on the site that will be affected by the proposed zone
establishment. While there are wide buffers created by the addition of PLI zoned land, some
of the views from the existing residential development to the south may be affected by any
new development within the REMU zoned land.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. The proposed REMU/PLI zoning designation would encourage residential and
mixed-use opportunities which meets the overall intent of the growth policy by providing an
appropriate transition between incompatible adjacent land uses, and setting aside a large
portion of the property to be used as open space. However, due to the adjacency of the
EGRA, the subject property would also be appropriately used as an extension of the
recreational amenities on the site as a whole. While the property is privately owned and
currently county zoned M-I, Manufacturing and Industrial, the proposed REMU/PLI zoning
is seen as an appropriate use of the land when weighting the alternatives and recognizing that
the property unlikely to be used in its entirety as a public park without transferring
ownership.
Additional Evaluation Criteria: Because of the unique nature of this proposal, a combination of policies and issues were addressed when evaluating the appropriateness of the request:
1. Annexation Goals and Criteria (see Section 5) 2. Section 76-2-304, MCA (Zoning) Criteria (see Section 6)
3. public interests in access to and protection of the East Gallatin Recreation Area, and
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4. environmental, health, safety, and welfare issues regarding the former landfill located
to the east of the subject property.
East Gallatin Recreation Area: There are two additional primary public interests in considering the changing a portion of the property from Parks, Open Space and Recreation to Residential Emphasis Mixed Use in addition to the specific review criteria addressed in Sections 5 and 6 of the report.
1. Maintaining the existing legal and physical vehicle and pedestrian access to the East Gallatin Recreation Area (EGRA). 2. Maintaining additional open space to expand the present East Gallatin Recreation Area.
As described in Sections 5 and 6 of this report, existing vehicle and pedestrian access is proposed
to be maintained and improved as a result of the annexation and zone map amendment.
Additionally, the provision of additional land zoned PLI on the subject property will allow the
expansion of recreational opportunities for the EGRA and improve connections to additional
recreation facilities to the east and west.
Former Landfill Safety Issues:
Recommended Terms of Annexation include provisions to protect future residents from potential
exposure to the identified VOCs and require the applicant to enter into an agreement that governs
requirements related to contamination prior to annexation.
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. The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
Staff Report for the Bridger Vale Annexation and Zone Map Amendment Page 20 of 23
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address and legal description of the
property), to protest the action against which the protest is lodged, including ownership of
property affected by the action. Signers are encouraged to print their names after their
signatures. A person may in writing withdraw a previously filed protest at any time prior to
final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The applicant, Ebbighausen Homes, Inc., seeks to annex 6.49 acres into the City limits and establish initial zoning of REMU, “Residential Emphasis Mixed Use” on a portion of the property (4.67 acres), and PLI, “Public, Open Space and Recreational Lands” on the remaining portion of the property (1.83 acres). The application also includes a PUD preliminary plan and a subdivision preliminary plat, which was not included within this staff report.
The applicant previously proposed an application for a Growth Policy Map Amendment for the same property to change the future land use from Parks, Recreation and Open Space to Residential for the entire tract. The City Commission denied the request following a public hearing on May 11, 2015.
The applicant is proposing to establish two zoning designations on the property, REMU on approximately 71.8% of the tract, and PLI on the remaining 28.2% of the property. The intent and purpose of the residential emphasis mixed-use “REMU” district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing,
employment, retail and neighborhood service opportunities within a new or existing neighborhood, while providing predictability to landowners and residents in uses and standards. The intent of the public lands and institutions “PLI” district is to provide for major public and quasi-public uses outside of other districts.
As noted in the Bozeman Community Plan, it is desired that all lands shown on the future land use map that are not categorized as Present Rural should be annexed prior to development. The subject property is currently categorized as Parks, Open Space, and Recreational Lands in the Community Plan. The site is privately owned, and thus its current designation does not create any public right of use to the property. If the ZMA is approved, any development would be
required to conform to Article 9, Residential Emphasis Mixed Use of Chapter 38 of the Bozeman Municipal Code. The applicant intends to designate the land zoned PLI as a public park and open space and deed to the Bozeman Sunrise Rotary Club with the project’s final plat. The remaining REMU
zoned land will be developed with 20 townhomes and 1 commercial lot which would conform with the district requirements.
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The site is currently vacant and being used for cattle grazing with the primary access road for
the East Gallatin Recreation Area (EGRA) running through the property. Gallatin Park Subdivision is located across Manley Road from the subject property and contains administrative, single family residential, commercial retail services and other mixed-uses. Sunfish Park Minor Subdivision is located to the south and is a 5-lot residential subdivision.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on Friday, September 15, 2017 to all property owners
within 200 feet of the subject property. The project site was posted on Friday, September 15,
2017. Notice was published in the Legal Ads section of the Bozeman Daily Chronicle on
September 17, 2017 and October 1, 2017. The public hearing is tentatively scheduled for
October 3, 2017.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Parks, Open Space and Recreational Lands” in the Bozeman
Community Plan. Parks, Open Space, and Recreational Lands. All publicly owned
recreational lands, including parks, are included within this category, as well as certain
private lands. These areas are generally open in character and may or may not be developed
for active recreational purposes. This category includes conservation easements which may
not be open for public use.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of “REMU” Residential Emphasis Mixed Use and “PLI”
Public Lands and Institutions in association with the annexation of the property. The intent of
the REMU District is to promote neighborhoods with supporting services that are
substantially dominated by housing. A diversity of residential housing types should be built
on the majority of any area within this category. Housing choice for a variety of households
is desired and can include attached and small detached single-household dwellings,
apartments, and live-work units. Residences should be included on the upper floors of
buildings with ground floor commercial uses. Variation in building massing, height, and
other design characteristics should contribute to a complete and interesting streetscape and
may be larger than in the Residential category. Secondary supporting uses, such as retail,
offices, and civic uses, are permitted at the ground floor. All uses should complement
existing and planned residential uses. Non-residential uses are expected to be pedestrian
oriented and emphasize the human scale with modulation as needed in larger structures.
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Stand alone, large, non-residential uses are discouraged. Non-residential spaces should
provide an interesting pedestrian experience with quality urban design for buildings, sites,
and open spaces. This category is implemented at different scales. The details of
implementing standards will vary with the scale. The category is appropriate near
commercial centers and larger areas should have access on collector and arterial streets.
Multi-household higher density urban development is expected. Any development within this
category should have a well integrated transportation and open space network which
encourages pedestrian activity and provides ready access within and to adjacent
development. The intent of the PLI district is to provide for major public and quasi-public
uses outside of other districts. Not all public and quasi-public uses need to be classified PLI.
Some may fit within another district, however larger areas will be designated PLI.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Ebbighausen Homes, Inc.
Applicant: Ebbighausen Homes, Inc., PO Box 930, Manhattan, MT 59741-0930
Representative: C&H Engineering and Surveying Inc., 1091 Stoneridge Drive, Bozeman, MT
59718
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Annexation Narrative
Development Review Application
Annexation and Initial Zone Map Amendment Required Materials
Noticing Materials
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Adjoining Property Owners List
Annexation and Initial Zoning Map
Hydrometrics Report (VOCs)
Resource Technologies Report (Environmental Sampling)
Vaughn Environmental Services (Wetlands)
Tetra Tech Report (Soil Sampling)
Traffic Impact Study