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HomeMy WebLinkAbout17422 Noyes ZMA SRPage 1 of 10 17422, Staff Report for the Noyes Annexation Zone Map Amendment Public Hearing Date: Zoning Commission public hearing is October 10, 2017 City Commission meeting is on October 23, 2017 Project Description: Annexation of 0.84 acres and amendment of the City Zoning Map for the establishment of a zoning designation of R-2, Residential Medium Density Two Household District. Project Location: 1200 Bridger Drive Recommendation: Approval of Ordinance 1982 adoption of R-2 zoning designation. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 17422 and move to recommend approval of the Noyes Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 17422 and move to provisionally adopt Ordinance 1982, Noyes Zone Map Amendment. Report: September 28, 2017 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues None. Project Summary Annexation of 0.84 acres to enable access to municipal water and sewer services. There is one existing home of the property. No additional development is proposed in conjunction with this application. Due to concern regarding adequate sanitation on the site, the annexation and zone map amendment processes have been divided. The annexation will proceed first to enable the applicants, upon completion of annexation, to connect to municipal water and sewer before Staff Report for the XX Annexation and XX Zone Map Amendment Page 2 of 10 the ground freezes for winter. The associated zone map amendment will follow after consideration by the Zoning Commission. City Commission action on the zone map amendment is scheduled for October 23, 2017. Alternatives As identified by the City Commission. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 3 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 5 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 5 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5 Annexation ......................................................................... Error! Bookmark not defined. Zone Map Amendment ...................................................... Error! Bookmark not defined. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS .................................. 6 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 6 PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 8 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ... ERROR! BOOKMARK NOT DEFINED. APPENDIX B - NOTICING AND PUBLIC COMMENT ..... ERROR! BOOKMARK NOT DEFINED. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ........ ERROR! BOOKMARK NOT DEFINED. Staff Report for the XX Annexation and XX Zone Map Amendment Page 3 of 10 APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF ................. ERROR! BOOKMARK NOT DEFINED. FISCAL EFFECTS .............................................. ERROR! BOOKMARK NOT DEFINED. ATTACHMENTS ................................................ ERROR! BOOKMARK NOT DEFINED. Staff Report for the XX Annexation and XX Zone Map Amendment Page 4 of 10 SECTION 1 - MAP SERIES Staff Report for the XX Annexation and XX Zone Map Amendment Page 5 of 10 Staff Report for the XX Annexation and XX Zone Map Amendment Page 6 of 10 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Noyes 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 “Noyes 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. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Noyes Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation. The Development Review Committee (DRC) considered the amendment on September 20, 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 meeting will begin at 6 p.m. Staff Report for the XX Annexation and XX Zone Map Amendment Page 7 of 10 The City Commission will hold a public meeting 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 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following criteria (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. The property is planned for Suburban Residential. If additional development is proposed the property should be annexed before development. The property has applied for and is being reviewed for annexation. The growth policy encourages use of municipal services rather than on-site water and sewer systems. Upon annexation the property will connect to the adjacent water and sewer mains. No conflicts with the growth policy have been identified. B. Secure safety from fire and other dangers. Yes. The property presently receives fire service from the City as part of the Story Mill fire district. Annexation will bring them within the City but service for fire will remain the same. Annexation will facilitate dispatch from City police. Urban zoning in association with annexation will allow connection to municipal water and sewer which reduces likelihood of injury from failure of on-site sanitation services. C. Promote public health, public safety, and general welfare. Yes. Urban zoning in association with annexation will allow connection to municipal water and sewer which reduces likelihood of injury from failure of on-site sanitation services. Development will follow municipal standards post annexation which been found to meet this criterion. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Staff Report for the XX Annexation and XX Zone Map Amendment Page 8 of 10 Neutral. The parcel is less than an acre. Municipal water and sewer mains are immediately adjacent to the property in the Bridger Drive right of way. No extensions of main pipes are required. The existing home has previously contributed to provision of schools as part of District 7. Any future development will follow City standards for these services. E. Reasonable provision of adequate light and air. Yes. The R-2 district has been found to meet this criterion. There is an existing single home on the property. Any future development must meet setbacks, lot coverage, park dedication, and related standards which will ensure this criterion is met. F. The effect on motorized and non-motorized transportation systems. Neutral. The property is adjacent to Bridger Drive, a state highway. The full width of right of way already exists. The property is already developed. Mitigation of impacts for the existing home has been addressed with the annexation agreement. G. Promotion of compatible urban growth. Yes. The property already has a single home on it. Single detached homes are a principal use in the R-2 district. The R-2 will enable future development to be a moderate level of intensity within a mostly developed area that will not overwhelm existing property owners. There are five different zoning districts within 150 feet of the property. These range from the less intensive R-1 to much more intensive R-4 and includes areas of R-2. Proposed R-2 fits into the existing and allowed future development pattern. H. Character of the district. Yes. See Criterion G. I. Peculiar suitability for particular uses. Yes. The property fits well for moderate to low density residential uses. Similar low densities are present on adjacent properties. The property size is too small for effective industrial or commercial uses. It is well suited for lower density residential until it is assembled as part of a larger project. J. Conserving the value of buildings. Yes. The R-2 district is a good fit for the present use of the property as a single residence. It will enable the property to be conforming to applied zoning and is consistent with uses of adjacent properties. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The R-2 district is appropriate to a small infill area within a developed area of similar uses. Until the property is aggregated as part of a larger project, retaining the existing character is appropriate. See also G, I and J. Staff Report for the XX Annexation and XX Zone Map Amendment Page 9 of 10 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 zone map amendment proposal referred to in this notice 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 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 - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on September 17th and 24, 2017. Notice was mailed to property owners within 200 feet of the annexation and zoning area and the site was posted with a public notice. Notice was provided at least 15 and not more than 45 days prior to the Zoning Commission and City Commission public hearings. No public comments were received prior to this report being written. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Suburban Residential” in the Bozeman Community Plan. Suburban Residential. This category indicates locations generally outside of City limits, but within the planning area, where a land development pattern has already been set by rural subdivisions. Subdivisions in this area are generally characterized by lots two acres in size or less. It is probable that portions of this area may be proposed for annexation within the next twenty years. The area is able to be served with municipal water and sewer services with Staff Report for the XX Annexation and XX Zone Map Amendment Page 10 of 10 appropriate extensions of main lines. Any further development within this area should be clustered to preserve functional open space. Individual septic and well services are discouraged. If development is proposed within reasonable access distances to waste water and water services, annexation to the City should be completed prior to development. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of “Residential Two Household Medium Density District” (R-2 District) in association with the annexation of the property. The intent of the R-2 residential two-household medium density district is to provide for one- and two- household residential development at urban densities within the city in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. There is a single detached home on the area to be annexed. No additional development is proposed at this time. APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: David and Lynn Noyes, 1200 Bridger Drive, Bozeman, MT 59715 Representative: Stahly Engineering & Associates, 851 Bridger Drive, Ste. 1, Bozeman MT 59715. 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. 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 Ordinance 1982