HomeMy WebLinkAbout17556 Lot 3, Tract 7 Smith ANNX-ZMA staff report 3-14-18Page 1 of 20
17-556, Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map
Amendment
Public Hearing Date: Zoning Commission public hearing is on March 20, 2018.
City Commission public hearing is on April 16, 2018.
Project Description: Annexation #17-556 requesting annexation of 0.52 acres (22,502-sf)
and amendment #17-556 of the City Zoning Map for the establishment of a zoning
designation of R-1 “residential single-household low density district”.
Project Location: The property is located at 525 Valley Drive. The property is legally described
as Smith Subdivision, S11, T02 S, R05 E, Lot 3, Rearrangement of Tract 7.
Recommendation: Approval with terms of annexation and contingencies.
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 #17-556 and
move to approve the Lot 3, Tract 7 Smith Zone Map Amendment, with contingencies
required to complete the application processing.
Recommended City Commission 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
#17-556 and move to approve the Lot 3, Tract 7 Smith Annexation with
recommended terms of annexation, and direct staff to prepare an annexation
agreement for signature by the parties.
Recommended City Commission Zoning Motion: Having reviewed and considered the
staff report, application materials, public comment, recommendation of the Zoning
Commission and all information presented, I hereby adopt the findings presented in
the staff report for application #17-556 and move to approve the Lot 3, Tract 7 Smith
Zone Map Amendment, with contingencies required to complete the application
processing.
Report Date: March 14, 2018
Staff Contact: Melissa Pope, Assistant Planner
Agenda Item Type: Action - Legislative
Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 2 of 20
EXECUTIVE SUMMARY
Unresolved Issues
None.
Project Summary
The applicant, Bellwether Renovations LLC, seeks to annex 0.52 acres into the City limits and
establish initial zoning of R-1 “Residential Single-Household Low Density District”. The
property is currently zoned R, “General Residential” within Gallatin County. The future land use
map in the Bozeman Community Plan designates the property and surrounding area as
“Residential”. The subject property is surrounded by residential land, zoned “R-1” in the City
and “R” in the County. The site is currently occupied by a single-household dwelling.
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.
Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 3 of 20
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
............................................................................................................................................. 5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 7
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 8
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
Annexation .......................................................................................................................... 9
Zone Map Amendment ....................................................................................................... 9
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS .................................. 9
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 14
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 17
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 17
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 17
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 18
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 19
FISCAL EFFECTS ................................................................................................................. 20
ATTACHMENTS ................................................................................................................... 20
Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 4 of 20
SECTION 1 - MAP SERIES
Figure 1 Residential zoning districts of surrounding area
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Figure 2 Current land use
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Figure 3 Residential growth policy designation
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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 “Lot 3, Tract 7 Smith 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 “Lot 3, Tract 7 Smith Annexation.”
4. 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 (BMC), or as amended at the time of application for
any permit listed therein.
5. The applicant is 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.
6. The applicant must properly abandon the existing on-site septic tank and leach
field prior to or concurrent with connection to the City sanitary sewer system.
The applicant must report the abandonment to the City Water and Sewer
Superintendent for inspection, and the applicant must report the abandonment to
the Gallatin City County Health Department. In addition to abandonment of the
septic tank and leach field, the applicant must demonstrate that the sanitary sewer
service to the septic tank has been completely disconnected from the old septic
system prior to connection to the City sanitary sewer system.
7. The applicant must completely disconnect the on-site well from the house prior to
or concurrent with connection to the City water system to protect the City’s
system from cross contamination. The applicant must contact the City Water and
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Sewer Superintendent to inspect the disconnect prior to connection of water
service from the house to the City water system.
8. Water rights or cash-in-lieu of water rights shall be provided in accordance with
Section 38.23.180 of the BMC.
9. The annexation agreement must include notice that the applicant must connect to
municipal services and will be responsible for installing any facilities required to
provide full municipal services to the property in accordance with city policy at the
time of connection
10. The owner shall provide a 10’ utility easement along Valley Drive, on the east 10’ of
the subject property. The easement shall include the wording “The undersigned
hereby grants unto each and every person firm or corporation, whether public or
private, providing or offering to provide telephone, electric power, gas, internet, cable
television or other similar utility or service, the right to the joint use of an easement
for the construction, maintenance, repair and removal of their lines and other facilities
in, over, under and across each area designated on this plat as "Utility Easement" to
have and to hold forever.”
11. The property falls within multiple payback districts, the property’s proportional share
for each payback district must be paid prior to annexation.
12. City standard sidewalks and drive approach must be constructed along Valley
Drive where adjacent to the property boundary and must be completed within 60
days of the annexation agreement’s effective date.
13. 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.
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 “Lot 3, Tract 7 Smith 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
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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 “Lot 3, Tract 7 Smith Zone
Map Amendment”, on a 18” by 24” or 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 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) voted on February 28, 2018 to recommend approval of the requested
annexation.
The City Commission will hold a public meeting on the annexation on April 16, 2018. 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 for an initial zoning of R-1. The Lot 3, Tract 7 Smith 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 #17-556.
The Zoning Commission will hold a public hearing for this ZMA on March 20, 2018 and will
forward a recommendation to the City Commission. The hearing will be held at 121 N.
Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
The City Commission will hold a public meeting on the zone map amendment on April 16,
2018. 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 Goals
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Commission Resolution No. 4400 Policies
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 and west boundaries.
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, but is contiguous on two sides.
The subject property is part of a wholly surrounded group of parcels.
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 services.
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 mains located along Valley Drive to the east. The site is also located within the urban
growth area 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.
Yes. The Recommended Terms of Annexation include requirements to dedicate all
easements, 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.
A Waiver of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following: street improvements to Valley Drive including paving, curb/gutter, sidewalk, and
storm drainage; street improvements to West Villard Street including paving, curb/gutter,
sidewalk, and storm drainage; intersection improvements to Valley Drive and Durston Road;
and, intersection improvements to West Villard Street and Valley Drive has been filed with
the Clerk and Recorder as document number 2603706.
Water rights are discussed under Policy Item No. 5 later in this report.
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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.
Yes. The Future Land Use Map of the Bozeman Community Plan (growth policy) designates
the subject property as “Residential.” The proposed R-1 “Residential Single-Household Low
Density District” is in conformance with the intent of the Bozeman Community Plan future
land use designation and the development pattern of the area. As Table C-16 from the growth
policy shows (see Appendix C), the R-1 zoning district is properly correlated with the
“Residential” designation. No conflicts with the goals and objectives of the plan have been
identified.
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.
Yes. The applicant has applied for a Zone Map Amendment, as the subject property is
currently under the zoning jurisdiction of Gallatin County (Zoned R, General Residential).
As a result, an application for a Zone Map Amendment is being processed concurrently with
the annexation request to establish an initial zoning designation under the City of Bozeman.
The applicant has applied for a Zone Map Amendment #17-556 to establish an initial
municipal zoning designation of R-1 “Residential Single-Household Low Density District”.
c. The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
Yes. The applicant/owner has indicated that they prefer a zoning designation of R-1
“Residential Single-Household Low Density District”.
Policy 3: Fees for Annexation procedures shall be established by the City Commission.
No fee will be charged for any City-initiated annexation.
Yes. 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.
Yes. The property proposed for annexation is accessed from Valley Drive. The portion of
Valley Drive adjacent to the property is paved. Durston Road and West Babcock Street are
the primary accesses to Valley Drive and are both paved.
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.
Yes. The property owner shall provide usable water rights, or cash in-lieu of water rights
thereof, in an amount to be determined by the Director of Public Works, as outlined by
Section 38.23.180 of the municipal code. This will be addressed during annexation, as the
site in question is less than ten (10) acres. The calculated amount will be determined by the
Director of Public Works and based on the zoning designation approved by the City
Commission. Fees are due at the time the applicant’s signed annexation agreement is
returned to the City.
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.
Yes. 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.
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Recommended Term of Annexation #5 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.
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.
Yes. City services are being requested to this property with the excecution of this application
and annexation agreement.
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
Yes. 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.
Yes. The applicant will be required to pay all fire, street, water, and sewer impact fees at the
time of connection and for any future development as noted in Recommended Term of
Annexation #4. Standard language addressing this policy has been developed by the City
Attorney for inclusion with all annexation agreements. No impact fees are due at completion
of the annexation agreement.
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
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considered by the City Commission. The notice shall contain the materials specified by
Section 38.40.020.A&B.1, BMC.
Yes. 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.
Yes. This policy item is specified in Recommended Term of Annexation #2.
Policy 12: When possible, the use of Part 46 annexations is preferred.
Yes. This annexation is being processed under Part 46 provisions.
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for 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 future land use map in the Bozeman Community Plan (growth policy) designates
the subject properties as “Residential”. As Table C-16 from the growth policy shows (see
Appendix C) the proposed R-1 “Residential Single-Household Low Density” zoning district
is a proper implementing district for the future land use designation.
No conflicts with the Growth Policy have been identified.
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B. Secure safety from fire and other dangers.
Yes. The subject property is within the service area of City emergency services, including
police and fire. Annexation with an initial zoning of R-1 is not likely to adversely impact
safety from fire and other dangers. Annexation will make City emergency services available
which may have a more rapid response time to this location.
C. Promote public health, public safety, and general welfare.
Yes. The proposed zoning designation will promote general welfare by implementing the
future land use map in the Bozeman Community Plan. There are no existing pedestrian
facilities on the west of Valley Drive. Public health and safety will be positively affected
since the installation of a City standard sidewalk adjacent to the subject property is a
recommended term of annexation to improve pedestrian circulation.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The Pine Meadows development to the east of the subject property installed municipal
water and sewer as well as street infrastructure. The Terms of Annexation include payment
of paybacks for incurred costs to the developer of Pine Meadows. Adequate local streets
either exist or are under development. The property will include addition of sidewalks along
its frontage. This incremental improvement will improve pedestrian accessibility. No park
dedication is required as this is an existing home. Any future redevelopment of the site will
be evaluated for additional improvements required to service the property.
E. Reasonable provision of adequate light and air.
Yes. The R-1 zoning designation has provisions of maximum lot coverage, minimum
setbacks and maximum height that accommodate the provision of adequate light and air.
Any future development of the subject property must conform to the City’s standards in
terms of setbacks, height, lot coverage, and buffering.
F. The effect on motorized and non-motorized transportation systems.
Yes. The proposed R-1 zoning designation will have a positive effect on the City’s non-
motorized transportation system with the installation of City standard sidewalks adjacent to
the subject property (recommended term of annexation) since the west side of Valley Drive
has no existing pediestrian facilities. The proposed zoning will have a neutral effect on
motorized transportation systems.
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G. Promotion of compatible urban growth.
Yes. The proposed R-1 zoning designation promotes compatibility with urban growth as it is
in accordance with the Bozeman Community Plan. The “Residential” land use designation
allows the proposed R-1 zoning (see Appendix C). Additionally, the annexation of the
subject property will be an inward growth of the community which is a preferred pattern in
the growth policy. The proposed zoning is consistent with the existing use pattern in the area.
H. Character of the district.
Yes. The proposed R-1 zoning does promote the character of the district as the intent of the
“Residential Single-Household Low Density” district is to provide for “ primarily single-
household residential development and related uses.” The adjacent and surrounding
properties are low-density residential properties. Within city limits adjacent properties are
zoned R-1 and the adjacent land in Gallatin County limits (to the north and south) is zoned
“general residential”. The proposed R-1 is consistent with the neighborhood, the intent of the
zoning district and the Smith Subdivision building restrictions.
I. Peculiar suitability for particular uses.
Yes. The property is located within a larger area of residential uses of varying densities. The
property is generally flat and does not have any physical features that make peculiarly
suitable for any specific use. The current use of the site is a single-household dwelling and
there are no plans submitted to the Community Development Department for any other
development. R-1 zoning supports the use of a property for single-household dwellings.
J. Conserving the value of buildings.
Yes. There is one single-household dwelling on the subject property. The proposed R-1
zoning supports the use of the property as a single-household dwelling. No intent to alter the
existing home on the site was expressed in this application (#17-556). Any redevelopment
under the R-1 district will be subject to standards for setbacks, open space, parking,
architecture, and other such standards as have been adopted to enable adjacent uses to not be
detrimental.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed R-1 zoning will encourage the most appropriate use of land by adhering
to the City’s Community Plan designation of “residential” and the with current land uses in
the immediate and surrounding areas.
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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 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 and owner, Bellwether Renovations LLC, and representative, Alpine Surveying
& Engineering Inc (Clint Litle), seek to annex 0.52 acres into the City limits and establish initial
zoning of R-1 “Residential Single-Household Low Density District”. The property is currently
zoned R, “General Residential” within Gallatin County. The future land use map in the Bozeman
Community Plan designates the property and surrounding area as “Residential”.
The subject property is surrounded by residential land, zoned “R-1” in the City and “R” in the
County. The Bozeman Community Plan designates the surrounding area as “Residential” to the
east and west. To the north and south, the adjacent lots are within County limits. Current
surrounding land uses include public right-of-ways, and residentially zoned County and City
land. The proposed R-1 zoning designation fits within the Bozeman Community Plan’s
intentions of the “Residential” land use category (see Table C-16 in Appendix C).
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on Wednesday, March 14, 2018 to all owners of
property located inside the proposed change and within 200 feet of the perimeter of the
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change. The public notice board was posted on site on Wednesday, March 14, 2018. Notice
was published in the Legal Ads section of the Bozeman Daily Chronicle on March 18, 2018
and April 4, 2018. The Zoning Commission public hearing is scheduled for March 20, 2018
and the City Commission public hearing is scheduled for April 14, 2018.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. According to
the plan, “This category designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density
residential areas should be established in close proximity to commercial centers to facilitate
the provision of services and employment opportunities to persons without requiring the use
of an automobile. Implementation of this category by residential zoning should provide for
and coordinate intensive residential uses in proximity to commercial centers. The residential
designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32
dwellings per net acre. A higher density may be considered in some locations and
circumstances. A variety of housing types can be blended to achieve the desired density.
Large areas of single type housing are discouraged. In limited instances the strong presence
of constraints and natural features such as floodplains may cause an area to be designated for
development at a lower density than normally expected within this category. All residential
housing should be arranged with consideration of compatibility with adjacent development,
natural constraints such as watercourses or steep slopes, and in a fashion which advances the
overall goals of the Bozeman growth policy. The residential designation is intended to
provide the primary locations for additional housing within the planning area.”
As Table C-16 from the Bozeman Community Plan shows, the proposed zoning of R-1 is an
implementing districts for the future land use designation of “Residential”.
Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 19 of 20
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of “R-1” (Residential Single-Household Low Density
District) in association with the annexation of the property. The intent of the R-1 District is
“to provide for primarily single-household residential development and related uses within
the city at urban densities, and to provide for such community facilities and services as will
serve the area's residents while respecting the residential character and quality of the area.”
Table 38.10.020 establishes the uses that are allowed in the R-1 zoning districts.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Bellwether Renovations, LLC, 1627 West Main Street Suite 103, Bozeman, MT 59715.
Applicant: same as owner
Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 20 of 20
Representative: Alpine Surveying & Engineering Inc. (representative: Clint Litle), 610
Professional Drive Suite 3, Bozeman, MT 59718
Report By: Melissa Pope, Assistant Planner
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.
Lot 3, Tract 7 Smith Annexation and ZMA application