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HomeMy WebLinkAbout10-23-17 City Commission Packet Materials - A4. Ordinance 1982 Provisional, Noyes Annexation ZMAPage 1 of 9 17422, Staff Report for the Noyes Annexation Zone Map Amendment Public Hearing Date: Zoning Commission public hearing is October 3, 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: October 10, 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 194 17422, Staff Report for the Noyes Annexation Zone Map Amendment Page 2 of 9 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. The City Commission approved the associated annexation on October 9, 2017 by Resolution 4829. All required standard contingencies have been met and the required ordinance has been prepared for action by the Commission. 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 - CONTINGENCIES OF ZONE MAP AMENDMENT ..................................... 5 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 5 PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 7 APPENDIX A - NOTICING AND PUBLIC COMMENT ...................................................... 8 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ..................... 8 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF .............................. 8 FISCAL EFFECTS ................................................................................................................... 9 ATTACHMENTS ..................................................................................................................... 9 195 17422, Staff Report for the Noyes Annexation Zone Map Amendment Page 3 of 9 SECTION 1 - MAP SERIES 196 17422, Staff Report for the Noyes Annexation Zone Map Amendment Page 4 of 9 197 17422, Staff Report for the Noyes Annexation Zone Map Amendment Page 5 of 9 SECTION 2 - CONTINGENCIES OF ZONE MAP AMENDMENT Staff identified four contingencies for completion of the zone map amendment. These contingencies were necessary for the City to complete the process of the proposed amendment. All required contingencies have been met and therefore no contingencies are identified at this time. The required ordinance to execute the amendment may be adopted. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. Staff’s recommendation and staff responses are predicated on approval of the annexation. The annexation has been completed. 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 held a public hearing on this ZMA on October 3, 2017 and forwards a recommendation of approval to the Commission on the Zone Map amendment. 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. 198 17422, Staff Report for the Noyes Annexation Zone Map Amendment Page 6 of 9 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. 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 199 17422, Staff Report for the Noyes Annexation Zone Map Amendment Page 7 of 9 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. 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 200 17422, Staff Report for the Noyes Annexation Zone Map Amendment Page 8 of 9 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 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 201 17422, Staff Report for the Noyes Annexation Zone Map Amendment Page 9 of 9 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 202 203 204 205 206 207 208 209 ANNEXATION CHECKLIST QUESTIONS 3 THROUGH 9 3. If the property is currently in agricultural use please identify current crops / conditions. a. The property is not currently in agricultural use. 4. Number of residential units existing on the property? a. 1 5. Number and type of commercial structures on the property? a. 0 6. Estimate of existing population of the property? a. 2 7. Assessed value of the property? a. $355,300.00 8. Existing on site facilities and utilities (gas, power, telephone, cable, septic systems, wells, etc.) a. There is a failed septic system and well no longer in use. b. The property is served with power and telephone utilities. 9. Any additional information that will be helpful in the City’s review of the application. a. The current homeowner residences, David and Lynn Noyes, are living in and plan to continue living in the existing house. They have been living without bathroom or water facilities for almost 2 months and with to remedy their situation by hooking on to City water and sewer services as soon as possible. ZONE MAP AMENDMENT REQUIREMENTS 1. Project Narrative a. Is the new zoning designed in accordance with the growth policy? How? i. Growth Policy documents identify the area adjacent to the subject tract as a R-1, R-2, R-S, and R-4. The intent of the growth policy in the area of proposed annexation is to provide a mixture of single family and higher density multi-family housing. With the planned Bridger View affordable housing project being zoned B-4 just to the west of the subject tract and R-2 around Story Mill just to the south, the subject tract will provide a good transition from R-4 to the R-S development to the east (Headlands Subdivision). ii. 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. b. Will the new zoning secure safety from fire and other dangers? How? i. The current landowners have no immediate plans to use the property for anything other than what it is currently being used for. If annexation is approved, the property will be served by City services. ii. There is an existing fire hydrant at the northeast corner of the subject property, increasing fire protecting safety. c. Will the new zoning promote public health, public safety and general welfare? How? 210 i. Yes, by abandoning the existing septic and drain field system and hooking into City services. d. Will the new zoning facilitate adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How? i. Use of the proposed parcel to be zoned will not change. The purpose of the proposed annexation is to facilitate adequate sewer and water provisions by getting served by City facilities. Currently, the occupants of the residence are not served with adequate water and sewer as the on-site facilities have failed. e. Will the new zoning provide reasonable provision of adequate light and air? How? i. Considering no change in use, this requirement is considered not applicable. There are no known light and air concerns currently. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? i. No effect on motorized and non-motorized transportation systems will be felt. The property is currently served by access directly off Bridger Drive and residents plan to continue using this access. No additional motorized or non-motorized transportation facilities will be required. g. Does the new zoning promote compatible urban growth? How? i. Yes, please see Part a. of this narrative. h. Does the new zoning promote the character of the district? How? i. Yes, please see Part a. of this narrative. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? i. There is no current use change proposed for the subject parcel. Currently serving as a single-family residence, the purpose of annexation is to be served by City water and sewer services. ii. Yes, the proposed R-2 zoning designation is suitable for adjacent areas; please see Part a. of this narrative. j. Was the new zoning adopted with a view to conserving the values of buildings? How? i. Yes, the applicant’s intent is to continue living in the house on site. Annexation will ensure their ability to do so and conserve the existing structure. k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? i. Yes, please see Part a. of this narrative. 211 212 213 214 215 216 217 Page 1 of 5 ORDINANCE NO. 1982 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 0.84 ACRES TO R-2, RESIDENTIAL TWO HOUSEHOLD MEDIUM DENSITY DISTRICT. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A..; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map to establish an initial zoning classification of R-2 (Residential Two Household Medium Density District) for approximately 0.84 acres of the property has been properly submitted, reviewed, and advertised; and 218 Ordinance 1982, Noyes Annexation Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission held a public hearing on October 3, 2017, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on October 23, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the zoning district designation of the following-described property is hereby designated as R-2, Residential Two Household Medium Density District: A tract of land in the Southwest Quarter of Section 32, Township 1 South, Range 6 East, M.P.M., Gallatin County, Montana, and being more particularly described by the following metes and bounds, to-wit: Beginning at a point which bears North 1°39' West a distance of 677.79 feet and North 89°55' East a distance of 230.45 feet from the southwest corner of Section 32, Township 1 South, Range 6 East; thence from said point of beginning and bearing North 0°05' West a distance of 212.03 feet to the south right of way of the Bridger Canyon Road as now laid out and constructed; thence North 89°55' East, along said right of way a distance of 173.05 feet; thence South 0°05' East a distance of 212.03 feet; thence South 89°55' West a distance of 173.05 feet to the point of beginning, containing 0.84 acres, more or less. 219 Ordinance 1982, Noyes Annexation Zone Map Amendment Page 3 of 5 Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” 220 Ordinance 1982, Noyes Annexation Zone Map Amendment Page 4 of 5 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 23rd day of October 2017. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 6th day of November 2017. The effective date of this ordinance is December 6, 2017. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ 221 Ordinance 1982, Noyes Annexation Zone Map Amendment Page 5 of 5 GREG SULLIVAN City Attorney 222