HomeMy WebLinkAbout18078 Bridger Meadows Staff Report May 9 2018Page 1 of 20
18-078, Staff Report for the Bridger Meadows Annexation and Zone Map
Amendment
Public Hearing Date: Zoning Commission public hearing is on May 15, 2018.
City Commission public hearing is on June 4, 2018.
Project Description: Annexation of 12 acres and amendment to the City Zoning Map for the
establishment of a zoning designation of R-1 “Residential Single-Household Low Density”.
Project Location: The property is generally located to the west of Boylan Rd. and north of
Commercial Drive and the Bridger Center Subdivision. The property is legally described as
Certificate of Survey 855, located in the southeast quarter of Section 31, Township 1 South
Range 6 East. PMM.
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 #18-078 and move to recommend
approval of the Bridger Meadows 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 #18-078 and move to approve
the Bridger Meadows 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 #18-078 and move to approve the Bridger Meadows Zone Map Amendment, with
contingencies required to complete the application processing.
Report Date: May 9, 2018
Staff Contact: Chris Saunders; Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The applicant Bridger Center LLC, seeks to annex 12 acres into the City limits and establish
initial zoning of R-1 “Residential Single-Household Low Density”. The property is currently
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zoned AS, “Agriculture - Suburban” within the county. The future land use map in the
Bozeman Community Plan designates the property as “Residential”. The property is
surrounded by the city limits on all sides and the applicant intends to connect to and extend
city services upon annexation.
The site currently has no existing buildings, facilities, or utilities. The subject property is
surrounded by light manufacturing (M-1), residential (R-3 and R-S), and PLI land. The future
land use map designates the surrounding area as Residential, Parks, Open Space, and
Recreational Lands, and Industrial. The proposed R-1 “residential single-household low
density” zoning designation fits within the Bozeman Community Plan’s intentions of the
“residential” land use category (see Table C-16 in Appendix C).
Alternatives
1. Approve the application with the recommended contingencies;
2. Approve the application with modifications to the recommended contingencies;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to
staff or the applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 6
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 ................................ 10
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 14
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 ................... 18
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 20
FISCAL EFFECTS ................................................................................................................. 20
ATTACHMENTS ................................................................................................................... 20
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SECTION 1 - MAP SERIES
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SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified as
the “2018 Bridger Meadows Annexation.”
2. An Annexation Map, titled “2018 Bridger Meadows Annexation Map” with a legal
description of the property 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.
3. The final annexation map must be revised to remove depictions of utility lines on and off-
site. The annexation map should depict the property to be annexed and the boundaries of
adjacent tracts as well as the appropriate title block and labels.
4. 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.
5. The land owners and their successors must pay all fire, street, water and sewer impact
fees at the time of connection; and for future development, as required by Chapter 2,
Bozeman Municipal Code, or as amended at the time of application for any permit listed
therein.
6. 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.
7. The Annexation Agreement shall include the following notices:
a. 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.
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b. 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.
c. 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.
d. 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.
e. 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.
f. 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.
g. 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.
h. The Annexation Agreement must include notice that, prior to development,
the applicant will be responsible for installing any facilities required to
provide full municipal services to the properties in accordance with the City of
Bozeman's infrastructure master plans and all City policies that may be in
effect at the time of development.
8. 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.
9. The applicant must provide and file with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of Special Improvement Districts
(SID’s) for the following:
a. Street improvements to Story Mill Road including paving, curb/gutter,
sidewalk, and storm drainage
b. Street improvements to Bridger Drive including paving, curb/gutter, sidewalk,
and storm drainage
c. Street improvements to E. Griffin Drive including paving, curb/gutter,
sidewalk, and storm drainage
d. Intersection improvements to Story Mill Road and Bridger Drive
e. Intersection improvements to E. Griffin Drive and Rouse Avenue
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The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development, or a combination
thereof. The applicant must provide a copy of the filed SID waiver prior to
annexation.
Advisory Comments
1. The application materials indicate, “The applicant plans to use this easement for a
sewer main extension, with individual service connections, discharging to an existing
manhole in Boylan Road.” For clarity, the City Design Standards and Specifications
Policy requires the applicant to extend a sanitary sewer main onto the property and
connect sanitary sewer services at 90-degree angles to the main upon development of
the property.
2. The applicant is advised to contact the City Floodplain Administrator (Brian Heaston
in the City Engineering Division) prior to development of this property as the property
is significantly impacted by floodplain.
3. Prior to development, the applicant must contact the Gallatin County Conservation
District, Montana Department of Environmental Quality, and U.S. Army Corps of
Engineers regarding the proposed project and any required permits (i.e., 310, 404,
Turbidity exemption, etc.) must be obtained by the applicant.
4. Upon development, the applicant must extend a City standard local street into the
property from Commercial Drive.
5. The application materials indicated there is an existing 30-foot easement from
Commercial Drive to the property. The easement is a 60-feet wide easement from
Commercial Drive to the property.
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 “2018 Bridger Meadows Zone Map
Amendment.” All required documents must be returned to the City within 60 days of
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the City Commission action to annex the property or the preliminary approval shall
be null and void.
2. That the applicant must submit a zone amendment map, titled “2018 Bridger
Meadows Zone Map Amendment”, on a 24” by 36” mylar, an 8 ½” by 11” or 8 ½” by
14” paper exhibit, and a digital copy of the area to be zoned, acceptable to the
Director of Public Works, which will be utilized in the preparation of the Ordinance
to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes
and bounds legal description of the perimeter of the subject property including
adjacent right-of-ways, and total acreage of the property.
3. 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.
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) determined on March 14, 2018 to recommend approval of the requested
annexation.
The City Commission will hold a public hearing on the annexation on June 4, 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. The Bridger Meadows 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 #18-078.
The Development Review Committee (DRC) considered the amendment on March 14, 2018.
The DRC did not identify any infrastructure or regulatory constraints that would impede the
approval of the application.
The Zoning Commission will hold a public hearing on this ZMA on May 15, 2018 and will
forward a recommendation to the Commission on the Zone Map amendment. The hearing
will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
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The City Commission will hold a public meeting on the zone map amendment on June 4
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 Criteria
Commission Resolution No. 4400 Goals
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
Yes. The property in question is contiguous to the City limits on all sides.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the
City, without regard to parcel size.
Yes. The subject property is totally surrounded by the City.
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.
Neutral. The subject property is not currently contracting with the City for water, sewer, or
fire protection services. Connection to municipal infrastructure for the property will be
required and will be the responsibility of the owner at the time of development of the
property. The applicant shows utility easements from the property line to Boylan Road and to
the loop off of Birdie Drive in order to connect to utilities in the future.
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.
Yes. The subject property is located within the service boundary of the existing sewer
system, with gravity mains located along Boylan Road to the east and within the loop off of
Birdie Drive to the east, which could be used for potential future development. 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
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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 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.
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” is in conformance with the intent of the Bozeman Community Plan future land use
designation and the current 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.
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 AS, Agriculture
Suburban). As a result, an application for a Zone Map Amendment is being processed
concurrently with the annexation request to establish a new zoning designation under the
City of Bozeman. The applicant has applied for a Zone Map Amendment #18-078 to
establish an initial municipal zoning designation of R-1 “Residential Single-Household Low
Density” which fits within the Bozeman Community Plan future land use designation.
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”.
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 shows a public access easement (in escrow) to the
loop off of Birdie Drive to the east of the subject property. Birdie Drive is paved and any
future connecting roads will be required to be paved to access the property. There is an
existing public street easement extending from the present terminus of Commercial Drive to
the north which also provides legal access to the property. This easement is not presently
developed as a street.
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. The calculated amount will be determined by the
Director of Public Works and based on the zoning designation approved by the City
Commission. Due to the size of the annexation the actual payment is deferred until the time
of future development.
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
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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 #7 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.
Neutral. City services are not currently being provided to this property.
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 #2). A draft exhibit has been provided which appears
suitable. The formal mylar map will be required prior to adoption of the resolution of
annexation.
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 for any future development as noted in Recommended Term of
Annexation #5. Standard language addressing this policy has been developed by the City
Attorney for inclusion with all annexation agreements. There are no buildings presently on
the site which require public services.
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. Due to the unusual configuration of the site and limited access along any public
roadway, an additional public notice was posted along the public trail along the north end of
the property. Photos of the posted public notices were provided to demonstration completion
of the installation.
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 #4.
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 plan approval under this title, the advisory boards and City
Commission shall consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
In considering the criteria the analysis must show that the amendment accomplishes criteria
A-D. Criteria E-K must be considered and may be found to be affirmative, neutral, or
negative. A favorable decision on the proposed application must find that the application
meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative
outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The 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 zoning district is a proper implementing district for the future
land use designation.
The growth policy encourages infill development, development on municipal services rather
than individual sanitation systems, and preservation of floodplains to avoid hazards. The
subdivision or site review process which will follow completion of annexation will enable a
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further evaluation of the various growth policy goals with the benefit of additional
information. No conflicts with the goals or objectives of 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. If developed, the property will be required to conform to the City of Bozeman
standards and regulations in terms of fire, safety, and other emergency services standards.
The exhibit shows a public easement suitable for emergency access connecting to Boylan
Road to the north. Additionally, a public easement is shown on the exhibit that connects to
the loop off of Birdie Drive.
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. The R-1 zoning designation will
provide the opportunity for residential opportunities in close proximity to existing services
such as park land, employment and shopping. Locating more residential density within the
existing network of infrastructure will allow for more access to the residents of the
community for walking and biking to work and other activities.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The development of public infrastructure improvements to serve the property will be
required to conform to the City of Bozeman’s adopted standards which require properties to
construct public infrastructure with regards to transportation, water, sewer, school, parks, and
other public requirements. For water services, utility easements are shown to Boylan Road
and to the east loop of Birdie Drive (The Links Condominiums). The latter easement is in
escrow as part of an agreement between the Applicant and Golf Course Partners, Inc. (GCP).
The Applicant plans to use both connection points to loop a new water main through the
property, which will be used for service connections. For sewer services, the applicant
intends to extend the sewer main that exists in Boylan Road through a utility easement shown
on the exhibit. Additionally, a 30’ wide access easement is shown to Commercial Drive to
the south, along with a 42’ wide access and utility easement to the east, connecting to the
road adjacent to The Links Condominiums to provide transportation access. Any proposed
development would be serviced by the existing school system, and the density allowed within
R-1 would not over burden the school district. Parks and trails are abundant in this area of
town, with the East Gallatin Recreation area and future Story Mill park properties located in
close proximity. The subject property is located within the city fire and police service area,
and any proposed development would be required to meet emergency access requirements
during site plan review.
E. Reasonable provision of adequate light and air.
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Yes. The R-1 zoning designation will require any future development to conform to the
City’s standards in terms of setbacks, height, lot coverage, and buffering. The standards of
the R-1 district have been found by the Commission to adequately address these concerns.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The proposed R-1 zoning designation will have a neutral effect on the City’s
transportation systems, as any proposed development would require an analysis of future
traffic impacts and any necessary mitigation would be required prior to approval. The
Montana Department of Transportation is presently expanding Rouse Avenue/Bridger Drive
could have positive impacts on any potential routes to the subject property. The property is
located near a major highway with a strong network of streets surrounding the property
making it appropriate for residential use. Additionally, the adjacent existing and proposed
network of trails provide opportunities for residents to use multimodal transportation as does
the downtown bus route with a stop located at the Filling Station.
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, there is existing R-S and R-
3 zoned properties adjacent, so the proposed R-1 zoning creates consistency in regards to
compatible urban growth of area properties. The applicant has indicated that the wetlands on
the subject property will create a buffer of nearly 6-acres to the south between the adjacent
properties that are zoned industrial and any potential residential development. The proposed
R-1 zoning is the least intensive residential zoning allowed in the City, as R-S is no longer
allowed for new development.
H. Character of the district.
Yes. The proposed R-1 zoning does promote the character of the district as the intent of the
residential district is to designate “places where the primary activity is urban density
dwellings”. This is compatible with the land use of surrounding residential development to
the north and east which is currently zoned R-S, R-3, and R-1. Any adjacency conflicts
between the subject property and the industrial property to the south would be mitigated
during site plan review and as a result of the topography and wetlands. The proposed R-1
zoning is the least intensive residential zoning allowed in the City (as R-S is no longer
allowed for new development), and thus will protect the character of the district through
density standards, setbacks, and other standards associated with the R-1 district.
I. Peculiar suitability for particular uses.
Yes. The new zoning will address the affected area’s peculiar suitability for uses as any new
development will have to meet applicable standards per the City’s development standards
and regulations. Any proposed development would need to comply with the zoning
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ordinance requirements of the R-1 zone. The site is suitable for low density due to the
substantial presence of floodplains and wetlands on the site which limits the area which can
be developed. A lower density use will have lesser demand on utilities and transportation.
J. Conserving the value of buildings.
Yes. There are no existing buildings on the property. The proposed zoning and annexation
may lead to additional residential development in the future, which may affect adjacent
residential development negatively by affecting views and creating more thru-traffic, or may
affect it positively by increasing housing options and enhancing the neighborhood character.
The general use as residential is the same as properties to the east. The industrial area to the
south is largely separated from the developable area on this parcel by various natural
features. This separation will prevent the new residential use from encroaching on the
industrial uses.
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 which designates the future land uses of the properties as
residential. See also the positive findings in the criteria above.
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.
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APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The applicant Bridger Center LLC, seeks to annex 12 acres into the City limits and establish
initial zoning of R-1 “Residential Single-Household Low Density”. The property is currently
zoned AS, “Agriculture Suburban” within the county. The future land use map in the Bozeman
Community Plan designates the property as “Residential”. The property is surrounded by the
city limits on all sides and the applicant intends to connect to and extend city services through
easements upon annexation, as shown on the exhibit. These connections would be further
reviewed during site plan review, and all proposed development would be required to meet the
standards of the R-1 zoning designation.
The site currently has no existing buildings, facilities, or utilities. The subject property is
surrounded by light manufacturing (M-1) to the south and PLI land to the west. Any conflict
of these properties to the proposed R-1 development would be addressed through site plan
review and likely mitigated through the existing topographic elements and wetlands which are
to remain. The rest of the subject property is surrounded by R-S to the north and R-3 to the
east. The proposed R-1 development is the least intensive residential development allowed by
the City and is compatible with the surrounding neighborhood character. Overall, the proposed
zoning and annexation meets the intent of the City’s community plan, zoning ordinance, and
future urban growth criteria.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on Friday, April 27, 2018 to all owners of property
located inside the proposed change and within 200 feet of the perimeter of the change. The
project site was posted on Saturday, April 28, 2018. Notice was published in the Legal Ads
section of the Bozeman Daily Chronicle on April 29, 2018 and May 13, 2018. The Zoning
Commission public hearing is scheduled for May 15, 2018 and the City Commission public
hearing is scheduled for June 4, 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
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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”.
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Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of “R-1” (Residential Single-Household Low Density) 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 38.310.030 establishes the uses that are allowed in the R-1 zoning districts. Principal
uses are indicated with a "P," conditional uses are indicated with a "C," accessory uses are
indicated with an "A," and uses which are not authorized within the district are indicated by
a "-." The table is available through the City’s website, www.bozeman.net. A copy is
attached to this staff report.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/ Applicant: Bridger Center, LLC, 1450 Cherry Drive, Bozeman MT 59715.
Representative: Thinktank Design Group Inc., 33 N Black Ave, Bozeman MT 59715
Report By: Chris Saunders; Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation 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.
Bridger Meadows Annexation and ZMA application
Residential zoning use tables