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HomeMy WebLinkAbout04-16-18 City Commission Packet Materials - A2. Lot 3, Tract 7 Smith Annexxation and Zone Map AmendmentPage 1 of 21 17-556, Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Public Hearing Date: Zoning Commission public hearing was 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 27, 2018 Staff Contact: Melissa Pope, Assistant Planner Agenda Item Type: Action - Legislative 170 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 2 of 21 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. Zoning Commission The Zoning Commission held their public hearing on March 20, 2018. No public comment was received. The Zoning Commission unanimously recommended approval of the R-1 zoning designation. 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. 171 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 3 of 21 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Zoning Commission ............................................................................................................ 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 ......................................................... 17 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 18 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 18 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 19 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 20 FISCAL EFFECTS ................................................................................................................. 21 ATTACHMENTS ................................................................................................................... 21 172 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 4 of 21 SECTION 1 - MAP SERIES Figure 1 Residential zoning districts of surrounding area 173 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 5 of 21 Figure 2 Current land use 174 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 6 of 21 Figure 3 Residential growth policy designation 175 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 7 of 21 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 within 90 days of the Annexation Agreement being executed. 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 176 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 8 of 21 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. The estimated payback district fees are: a. SID 684: $4, 169.13 b. Pine Meadow (consolidated): $18, 000.00 c. Meadow Creek: $97.58 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. 14. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. 15. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. 16. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. 177 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 9 of 21 17. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property 18. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. 19. The Annexation Agreement must include notice charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. 20. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final 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 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. 178 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 10 of 21 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 held a public hearing for this ZMA on March 20, 2018 and forwarded a unanimous recommendation to the City Commission. The hearing was held at 121 N. Rouse Avenue, Bozeman. The meeting began 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 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. 179 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 11 of 21 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. 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 180 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 12 of 21 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. 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 181 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 13 of 21 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. 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. 182 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 14 of 21 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 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. 183 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 15 of 21 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. 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 184 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 16 of 21 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. 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- 185 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 17 of 21 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. 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 186 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 18 of 21 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 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 16, 2018. 187 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 19 of 21 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”. 188 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 20 of 21 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 189 Staff Report for the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 21 of 21 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 materials 190 191 192 193 194 195 196 197 406-586-8834 610 Professional Dr., Ste 3 Bozeman, Montana 59715 www.alpinesurveying.net/ January 17, 2018 Melissa Pope City of Bozeman Planning Division 20 E. Olive PO Box 1230 Bozeman, Montana 59771-1230 Re: Lot 3, Tract 7 Smith Sub-annexation / ZMA -17556 Dear Melissa, Please find attached the revised application to annex and establish initial zoning for Lot 3 of the Rearrangement of Tract 7 Smith Sub-Division (G-27), per the DRC review comments dated 12/27/2017. The subject parcel is located at 525 Valley Drive Avenue Bozeman, Montana. I have attached the following items for this application:  Form A1  Form N1 (includes required form checklist items)  Form ANNX (includes required form checklist items)  Application Fee  Smith Subdivision Building Restrictions  Utility Easement  SID Waiver  See below for project narrative and response to annexation and zoning questions. ZONE MAP AMENDMENT REQUIREMENTS 1. A thorough project narrative including a detailed response to the following for the zone map amendment: See response to required elements in italic font below. Narrative This application is for annexation and zone map amendment for Lot 3, The Rearrangement of Tract 7 Smith Subdivision located in the North ½ of the Northwest ¼, Section 11, Township 2 South, Range 5 East, Gallatin County, Montana. Lot 3 is a 0.52-acre parcel located at 525 Valley Avenue, Bozeman Montana. The parcel fronts to Valley Avenue which is a paved City street that contains City water and sewer mains. The parcel has one existing home that is currently on an individual well and drain field. With the annexation of the property, it is proposed the home be connected to City municipal facilities. a. Is the new zoning designed in accordance with the growth policy? How? Yes, the growth policy designates the area residential. The annexation and ZMA proposes a residential land use and zoning of R-1, which is consistent with the current land use in the Smith Subdivision and the existing zoning to the east and west of the 198 Melissa Pope City of Bozeman Planning Division January 17, 2018 Page 2 Lot 3, Tract 7 Smith Sub-annexation / ZMA -17556 site. See Adjoining Zoning Map in this application for existing adjacent City zoning. b. Will the new zoning secure safety from fire and other dangers? How? Yes, the area has excellent first responder access provided by an existing paved road that has several routes of egress connecting to City of Bozeman public street network. The nearest City Fire Station is located on Baxter Lane approximately 0.9 miles (street distance) to the northwest of the annexation. c. Will the new zoning promote public health, public safety and general welfare? How? Yes, the intent of the R-1 residential single-household low density 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. In addition to the excellent access mentioned above, Lot 3 proposes to connect to municipal water and sewer mains providing enhanced public health and safety for the residents. d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How? Yes, Lot 3 is essentially surrounded by the City of Bozeman and has excellent access to transportation, municipal utilities, schools and parks. Transportation -- The property will access directly onto Valley Drive (local street) which was recently improved (2016) by an adjacent subdivision to the east that paved Valley Drive and installed curb on the east side of the street. Valley Drive provides direct connection to City Collector Standard streets of Durston Road and Babcock Street to the north and south, Respectively. The site also connects to the local grid street system to the east via West Villard Street. The annexation proposes to install curb on the west side of Valley Drive along the annexation frontage and pay the properties prorated share of road improvements through the existing payback district. Water & Sewer -- The property fronts on Valley Drive. Valley Drive was recently improved to contain City water and sewer mains. The annexation proposes to install City standard water and sewer connections to these mains. The annexation will pay the properties prorated share of water and sewer improvements through the existing payback district. The existing septic tank and well will be disconnected from use. Schools & Parks – The annexation is an infill project and is surrounded by existing park and schools. As an existing 0.5-acre parcel with an existing single family home the annexation will not measurably impact nearby parks which includes Valley Unit, County Regional, Rose and numerous neighborhood parks. The Annexation is in the Bozeman School District. The annexation will not add to the student population of the district. The annexation will be served by the following schools: Elementary – Emily Dickenson, Hyalite and Meadowlark schools Middle – Chief Joseph Middle School High School – Bozeman Senior High and the new high school on Flanders Mill Road. 199 Melissa Pope City of Bozeman Planning Division January 17, 2018 Page 3 Lot 3, Tract 7 Smith Sub-annexation / ZMA -17556 e. Will the new zoning provide reasonable provision of adequate light and air? How? Yes, this annexation is for an existing one-half acre lot with one existing single- family home. The annexation is surrounded by medium density R-1 zoning. The size and spacing of the existing lots and homes will provide for adequate light and air for the residences. f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How? No, the proposed annexation does not propose any additional dwelling units. Therefore, there should be no impact to the transportation system. g. Does the new zoning promote compatible urban growth? How? Yes, proposed zoning in compliance with growth policy for the area. the intent of the R-1 residential single-household low density district is to provide for primarily single-household residential development and related uses within the city at urban densities. This is consistent with the existing surrounding neighborhoods which are also zoned R-1. h. Does the new zoning promote the character of the district? How? Yes, proposed zoning in compliance with growth policy for the area. Also, no structural changes proposed by annexation. And as mentioned above, the proposed R-1 residential single-household low density district is to provide for primarily single-household residential development and related uses within the city at urban densities. This is consistent with the existing surrounding neighborhoods which are also zoned R-1. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Yes, as mentioned above, the proposed R-1 zoning is consistent with the adjoining residential land uses. j. Was the new zoning adopted with a view to conserving the values of buildings? How? Yes, consistent with surrounding current uses and zoning. No structural changes proposed by annexation. k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Yes, matches surrounding land uses and zoning. As requested by the DRC, the following is information on how this annexation and initial zoning will influence the Smith’s homeowner’s association documents and/or covenants. The Smith’s homeowner’s association documents are comprised of the “Building Restrictions For Smith Subdivision March1, 1967”, attached is a copy of the building restrictions. The following is a discussion of the potential influence keyed to the building restriction sections: Building – Appears to be consistent with the proposed R-1 zoning. The building restrictions require private residential use and the home be constructed of wood, brick or stone. Trailer houses are prohibited, and you cannot move a house onto the property. Size of Dwelling – Appears to be more restrictive than the proposed R-1 zoning. Building restriction requires a minimum dwelling size 1,000 sf excluding garage. International Residential Code says it can be as little as 138 square feet. Setbacks – Appears to be more restrictive than the proposed R-1 zoning. Building restriction requires a minimum 25’ front and 12’ side yard setback. UDC requires a minimum 15’ front and 5’ side yard setback. 200 Melissa Pope City of Bozeman Planning Division January 17, 2018 Page 4 Lot 3, Tract 7 Smith Sub-annexation / ZMA -17556 Out Buildings and Appurtenances – Appears to be consistent with the proposed R-1 zoning. The building restrictions allow garages, greenhouses, and sheds similar to the uses allowed by R-1 zoning. Signs – Appears to be consistent with the proposed R-1 zoning and Bozeman Sign Code. The building restrictions prohibits commercial signs, allows temporary real estate signs. Animals – Appears to be consistent with Bozeman Code. The building restrictions prohibits livestock and breeding facilities, permits typical pets. Fences and Walls – Appears to be consistent with Bozeman Code. The building restrictions permit fences consistent with home architecture. Garages and Breezeways – Appears to be consistent with Bozeman Code. The building restrictions permit garages and breezeways consistent with home architecture. The remaining sections of the building restriction deal with administration and are not applicable to review verses City code. If you have any questions or need additional information please feel free to call (406-586-5599) or email (clitle@alpinesurveying.net Sincerely, Alpine Surveying & Engineering Clint Litle, P.E. Senior Project Engineer Attachment(s): As stated 201 202 203 204 205 206 207 208 209 210 Return to: Bozeman City Clerk PO Box 1230 Bozeman MT 59771 2603706 Page:1 of 2 01/16/201910:00:31PM Fee $14.00 CharlotteMills-GallatinCounty,MT MISC lillilllllliIIIll|llillIIllllllillIlllHilllllllllllil\1Illlllillilllllillilli WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR LOT 3,TRACT 7,SMITH SUBDIVISION ANNEXATION We,the undersigned Owners of the realpropertysituatedinthe County of Gallatin,Stateof Montana,and more particularlydescribedas follows:LOT 3,REARRANGEMENT OF TRACT 7 SMITH SUB-DIVISION (G-27),A PORTION OF THE NORTH.1/2,NORTHWEST 1/4, SECTION 11,TOWNSHIP 2 SOUTH,RANGE 5 EAST,M.P.M.. IN CONSIDERATION of receiving Annexation from the City of Bozeman,along with accompanying rightsand privilegesand forotherand valuableconsideration,thereceiptof which is hereby acknowledged,in recognitionoftheimpacts to Valley Drive,West VillardStreetand Durston Road thatwillbe generatedby the development of the above-describedpropertyat 525 Valley Avenue, Bozeman,MT,have waived and do hereby forourselves,our heirs,personalrepresentatives,successors and assigns,the righttoprotestthe creationofone or more specialimprovement districtsforthe constructionofthefollowingimprovements: a.Streetimprovements to Valley Drive includingpaying,curb/gutter,sidewalk,and storm drainage; b.Streetimprovements to West VillardStreetincludingpaying,curb/gutter,sidewalk,and storm drainage; c.Intersectionimprovements toValley Drive and Durston Road; d.Intersectionimprovements to West VillardStreetand Valley Drive; or tomake any writtenprotestagainstthe proposed work or againstthe extentor creationofthedistricts tobe assessedinresponseto a duly passed resolutionof intentionto createone or more special improvement districtswhich would includethe above-describedproperty. Inthe event an SID isnot utilizedforthe completion oftheseimprovements,thedeveloperagrees to participatein an alternatefinancingmethod forthe completion of saidimprovements on a fairshare, proportionatebasisas determined by square footageof property,taxablevaluationoftheproperty,traffic contributionfrom the development or a combination thereof. This waiver shallbe a covenant running with the land and shallnot expirewith thedissolutionof the limitedpartnership,provided however thiswaiver shallapply to the landshereindescribed. The terms,covenants and provisionsof the Waiver shallextend to,and be binding upon the successors-in-interestand assignsof thepartieshereto. Page 1 211 DATED this /6 day of 3 &#'thUM-Y ,20 By - Title STATE OF MONTANA ) ):ss County of Gallatin ) On this RF day of a was ,204,beforeme theundersigned,a Notary Public forthe Stateof Montana,personallyappefred \ct-lab MA ,known tome tobe . Managing Member of Bellwether Renovations,LLC and the person whose name issubscribedto the within instrumentand acknowledged to me thathe executed the within instrumentforand on behalf of Bellwether Renovations,LLC . IN WITNESS WHEREOF,I have hereuntosetmy hand and affixedmy NotarialSeal theday and year firstabove written. <..?.Pa+..KRISTEN JOHNSON 14oTAR.NOTARY PUBLIC fortheStateofMontana(SEA (SEAL ResidingatBelgrade,Montana -r My CommissionExpiresoOctober11,2021 tateof Montana (P nted ame) Residing at &1ud alidT M Commission res Mr /1/201-( Page 2 212 213 214 215 216 217 From City Engineering PaybacksCommentsSID 684 Payback (Durston Road)4,169.13$ Payback documents available at http://weblink.bozeman.net/WebLink8/0/doc/129445/Electronic.aspxMeadow Creek Subdivision Sewer Paybacks195.16$ Payback documents available at http://weblink.bozeman.net/WebLink8/0/doc/129437/Electronic.aspxPine Meadows Subdivision Consolidated Payback18,000.00$ Anticipated payback amount. Payback district creation is pending. Payback is for water, sewer, and street improvements to Valley Drive SID 621 Payback (Far West Sewer)241.34$ Payback map provided as an email attachment CIL Water Rights660.00$ CIL water rights for indoor domestic water supply. Assumes existing well has a water right and supplies outdoor irrigation water demandTotal Impact Fees12,415.88$ See Impact Fee Calculator separately attached to emailFire/EMS348.86$ Wastewater 3,170.80$ Transportation4,693.38$ Water4,202.84$ Annexation Application Review Fee1,580.00$ fee schedule available at https://www.bozeman.net/Home/ShowDocument?id=738Total Estimated Fees related to Annexation37,261.51$ This amount does not include construction costs to connect to water and sewer services and abandonment of on-site water/sewer facilities as required 218