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HomeMy WebLinkAbout18-143 Bridger Drive annexation and zoning staff report_ZCPage 1 of 23 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Public Hearing Dates: Zoning Commission public hearing is on May 15, 2018. City Commission public hearing is on June 18, 2018. Project Description: Annexation of approximately 0.742 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 located east of the intersection of Northview Street and Bridger Drive, and addressed as 1803 Bridger Drive, Bozeman, MT 59715. The property consists of two parcels of land legally described as Lots 5 and 6 of the Mount Baldy Subdivision, Plat F-10, located in the SW ¼ of Section 32, Township 1 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Approval with terms of annexation and contingencies. 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 #18-143 and move to approve the 1803 Bridger Drive Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. 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 #18-143 and move to recommend approval of the 1803 Bridger Drive Zone Map Amendment, with contingencies required to complete the application processing. 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 #18-143 and move to approve the 1803 Bridge Drive Zone Map Amendment, with contingencies required to complete the application processing. Report Date: May 8, 2018 Staff Contact: Danielle Garber; Assistant Planner Agenda Item Type: Action - Legislative 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 2 of 23 EXECUTIVE SUMMARY Unresolved Issues None Project Summary The applicant, Robert Ballard, seeks to annex two parcels totaling roughly 0.742 acres into the City limits and establish initial zoning of R-1 “Residential Single-Household Low Density.” The property is currently zoned “Residential Suburban” within the county. Nearby municipal zoning includes Residential Single-Household Low Density (R-1) to the north and Residential Suburban (R-S) to the south. Land to the east and west is unincorporated and zoned “Residential Suburban” within the county. The future land use map in the Bozeman Community Plan designates the property as “Residential” which the R-1 district serves to implement – see Table C-16 in Appendix C. The subject property is occupied by a single-household residence, which straddles the two parcels, as well as a small shed. The property is surrounded by single-household residential land uses to the north, south, east, and west. Directly north of the property is the Legends at Bridger Creek subdivision and to the south is the Headlands subdivision. For water and wastewater, the existing residence is served a by a well and septic system. The well is located underneath the house, which serves both the household and irrigation water needs. An eight-inch municipal water line is located approximately 200 feet south of the property in the right-of-way of Headlands Drive (across Bridger Drive) and another eight- inch line is located approximately 250 feet to the north in the alley behind the property. Eight-inch municipal sewer lines are also located adjacent to the above-mentioned water lines. The applicant intends to connect to city water and sewer in the alley to the north of the property. The property is accessed from Bridger Drive/State Route 86, which is a Montana Department of Transportation facility. 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. 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 3 of 23 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 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 – ADVISORY COMMENTS .............................................................................. 9 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9 Annexation .......................................................................................................................... 9 Zone Map Amendment ....................................................................................................... 9 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 10 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 14 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 17 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 17 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 18 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 18 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 22 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 4 of 23 SECTION 1 - MAP SERIES 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 5 of 23 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 6 of 23 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 “1803 Bridger Drive Annexation.” 2. An Annexation Map, titled “1803 Bridger Drive Annexation Map” with a legal description of the property and any adjoining un-annexed 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" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the 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 City Engineer’s Office, and must be submitted with the signed Annexation Agreement. 3. 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. 4. 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. 5. 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. 6. If they do not already exist 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 Bridger Drive including paving, curb/gutter, sidewalk, and storm drainage b. Intersection improvements to Bridger Drive and Story Mill Road 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 7 of 23 The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant 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 SID waiver filed with the County Clerk and Recorder prior to annexation. 7. 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. 8. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent (John Alston) 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. 9. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnect prior to connection of water service from the house to the City water system. 10. Cash-in-lieu of water rights is required at the time of annexation in the amount of $1,404.00. 11. If one does not already exist, a ten-foot utility easement must be provided along Bridger Drive with the annexation. The executed easement must be delivered to the City Engineering Department (Griffin Nielsen). The easement must be executed on the City’s standard easement form. A copy of the standard easement form may be obtained from the City Engineering Department. 12. If one does not already exist, a utility easement must be provided for the power line running east to west through the center of the property with the annexation. The applicant must contact Northwestern Energy to obtain details on the required easement. 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 8 of 23 13. Thirty feet of right-of-way (ROW) must be provided along the rear of the property with the annexation to allow the future connection of a local street. The right-of-way must be executed using the City’s standard language. The applicant should contact the City Engineering Department to receive a copy the standard language. 14. Bridger Drive is classified as a principal arterial as such requires 120 feet of right-of-way (ROW). As only 90 feet of ROW exists along the property frontage 15 feet of ROW must be provided along the property frontage with the annexation. The ROW must be executed using the City’s standard language. The applicant should contact the City Engineering Department to receive a copy the standard language. 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 “1803 Bridger Drive 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 applicant must submit a zone amendment map, titled “1803 Bridger Drive 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. 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 9 of 23 SECTION 4 – ADVISORY COMMENTS 1. The significant distance between the existing home and the available sewer mains and available elevation drop may require a private pump system to be installed. The City does not maintain or operate private pump systems, the owner of the property will be responsible for any system. 2. Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit www.bozeman.net. 3. Upon future development of the parcel, the transfer of water rights or the payment of cash-in-lieu (CIL) of water rights must be provided per Bozeman Municipal Code 38.410.130. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Annexation The Development Review Committee (DRC) met to discuss the proposed annexation on April 25, 2018. The DRC did not make a formal recommendation, but did not express concerns with annexation of the property. The City Commission will hold a public meeting on the annexation on June 18, 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, Staff recommends approval as submitted. The 1803 Bridger Drive 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 #18-143. The Development Review Committee (DRC) considered the amendment on April 25, 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 City Commission on the ZMA. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. The City Commission will hold a public meeting on the ZMA on June 18, 2018. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 10 of 23 SECTION 6 - 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. Goal 2: The City shall seek to annex all areas that are totally surrounded by the City, without regard to parcel size. Neutral. The subject property is not totally surrounded but is bordered by the City to the north and south. 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. 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 an eight-inch sewer line running in the alley north of the property. The property is also located in 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 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 11 of 23 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, rights-of-way for 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. Policy 2: Issues pertaining to master planning and zoning shall be addressed in conjunction with the application for annexation. a. The initial application for annexation shall be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, said amendment process may be initiated by the applicant and conducted concurrently with the processing for annexation. Yes. The Future Land Use Map of the Bozeman Community Plan (growth policy) designates the subject property as “Residential.” The proposed R-1 “Residential Single-Household Low Density District” is in conformance with the Bozeman Community Plan future land use designation. As Table C-16 from the growth policy shows (see Appendix C), the R-1 district is a proper implementing district for 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 RS, Residential Suburban). 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 (#18-143) to establish an initial municipal zoning designation of R-1 “Residential Single-Household Low Density.” c. The applicant may indicate his or her preferred zoning classification as part of the annexation application. Yes. The applicant has requested a zoning designation of R-1 “Residential Single-Household Low Density.” 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 12 of 23 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 Bridger Drive to the south, a principal arterial, which is paved to the edge of the subject property. Note: The annexation and the placement of a zoning district designation on the property by the City does not guarantee available services. Section 38.300.020.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 38.410.130 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 38.410.130 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. This will be addressed during annexation agreement development, as the site in question is less than ten (10) acres and may therefore defer provision of water rights as allowed in BMC 38.410.130.C.1. 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 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 13 of 23 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. An eight-inch water main is located in the alley north of the property – approximately 250 feet from the existing structure. An eight-inch sewer main is also located in the alley north of the property. The property is located adjacent to residential development that is currently served by Bozeman Fire. Recommended Term of Annexation #7 includes the provision that the applicant will be responsible for installing facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 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 not currently being provided to this property but have been requested by the applicant. 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). 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 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 14 of 23 Annexation #4. Standard language addressing this policy has been developed by the City Attorney for inclusion with all annexation agreements. 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 38.220.410, BMC. Yes. Notices of the public hearing have been published, 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 #3. Policy 12: When possible, the use of Part 46 annexations is preferred. Yes. This annexation is being processed under Part 46 provisions. SECTION 7 - 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. 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 15 of 23 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 property as residential. As Table C-16 from the growth policy shows (see Appendix C), the R-1 district is a proper implementing district for the future land use designation of “Residential.” No conflicts with the growth policy have been identified. B. Secure safety from fire and other dangers. Yes. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. The initial zoning of R-1 is not likely to adversely impact safety from fire and other dangers. The property will be required to conform to all City of Bozeman public safety, building and land use requirements. 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. Public health and safety will be positively affected as the proposed annexation will allow the existing structure to connect to the City sewer system, thereby removing a septic system and lessening resulting groundwater discharge. 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 and/or pay impact fees, assessments, and taxes to support transportation, water, sewer, school, parks, and other public requirements. City water and sewer lines are located adjacent to the property to the north (approximately 250-feet from the existing structure) and the terms of annexation require the applicant to connect to municipal services and install any facilities required to provide full municipal services to the property. The property is accessed from Bridger Drive (principal arterial) and the Bridger Creek trail is located across Bridger Drive. Park dedication is not required as there is an existing residence on the property. Any future development of the property will be evaluated for additional required improvements during the plan review process. E. Reasonable provision of adequate light and air. Yes. The R-1 zoning designation has requirements for setbacks, height, and lot coverage, which provide for the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. F. The effect on motorized and non-motorized transportation systems. 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 16 of 23 Neutral. The proposed R-1 zoning designation will have a neutral effect on the City’s motorized and non-motorized transportation systems as the property is occupied by an existing residence. As a result, the impact to the motorized and non-motorized transportation systems is not anticipated to change. The terms of annexation require dedication of 30 feet of right-of-way along the rear (north) of the property to allow the future connection of a local street. In the event this local street is built, it would have a positive effect on the motorized and non-motorized transportation systems as it would increase street connectivity adjacent to the Legends subdivision and result in the addition of a sidewalk. G. Promotion of compatible urban growth. Yes. The proposed R-1 zoning designation promotes compatible urban growth as the property is bordered by the City to the north and south and surrounding land uses are single- household residential. Additionally, the proposed R-1 zoning designation is in accordance with the Bozeman Community Plan’s future land use designation of “Residential” – see Appendix C. H. Character of the district. Yes. The proposed R-1 zoning does promote the character of the district as the intent of the Residential Single-Household Low Density district is to “provide for primarily single- household residential development and related uses within the City at urban densities.” Surrounding properties are low-density single-household residential. Adjacent properties in the City are zoned R-1 to the north and R-S (Residential Suburban) to the south. Adjacent properties in Gallatin County, to the east and west, are zoned Residential Suburban. The proposed R-1 zoning designation is consistent with the character of the neighborhood as well as existing development on the property. I. Peculiar suitability for particular uses. Yes. The property is located in an area of single-household residential development which is suitable for uses allowed in the R-1 zoning district. The proposed R-1 zoning designation is suitable for the current use of the property. J. Conserving the value of buildings. Yes. There is an existing single-household residential structure on the property in an area of compatible residential land uses. The proposed R-1 zoning designation will allow for similar land use patterns and will thus conserve the value of buildings in the area. The applicant has not proposed future alteration or development on the property. Any future development on the property will be subject to standards in the R-1 zoning district which will ensure the conservation of adjacent building values. K. Encourage the most appropriate use of land throughout the jurisdictional area. 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 17 of 23 Yes. The proposed R-1 zoning designation will encourage the most appropriate use of land as the property is surrounded by low-density single-household residential development, which is consistent with the R-1 designation. Furthermore, the proposed R-1 zoning designation is consistent with the Bozeman Community Plan’s future land use map designation of “Residential.” PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The applicant, Robert Ballard, seeks to annex two parcels totaling roughly 0.724 acres into the City limits and establish initial zoning of R-1 “Residential Single-Household Low Density.” The property is currently zoned “Residential Suburban” within the county. Nearby municipal zoning includes Residential Single-Household Low Density (R-1) to the north and Residential Suburban (R-S) to the south. Land to the east and west is unincorporated and zoned “Residential Suburban” within the county. The future land use map in the Bozeman Community Plan designates the property as “Residential” which the R-1 district serves to implement – see Table C-16 in Appendix C. 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 18 of 23 The subject property is occupied by a single-household residence, which straddles the two parcels, as well as a small shed north of the residence. The property is surrounded by single- household residential land uses to the north, south, east, and west. Directly north of the property is the Legends and Bridger Creek subdivision and to the south is the Headlands subdivision. The existing residence is served a by a well and septic system. The well is located underneath the house, which serves both the household and irrigation water needs. An eight- inch municipal water line is located approximately 200 feet south of the property in the right- of-way of Headlands Drive (across Bridger Drive) and another eight-inch line is located approximately 250 feet to the north in the alley behind the subject property. Eight-inch municipal sewer lines are also located adjacent to the above-mentioned water lines. The applicant intends to connect to city water and sewer in the alley to the north of the property. The significant distance between the existing home and the available sewer mains and available elevation drop may require a private pump system to be installed. The City does not maintain or operate private pump systems, the owner of the property will be responsible for any system. The property is accessed from Bridger Drive/State Route 86, which is a Montana Department of Transportation facility. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US 1st Class mail on Thursday, April, 26 2018 to all owners of property inside the proposed change and within 200 feet of the perimeter of the change. The project site was posted as required. Notice was published in the Legal Ads section of the Bozeman Daily Chronicle on April 29, 2018 and May 6, 2018. The Zoning Commission public hearing is scheduled for May 15, 2018 and the City Commission public hearing is scheduled for June 18, 2018. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property has a future land use designation of “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 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 19 of 23 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 district for the future land use designation of “Residential.” 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 20 of 23 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. These purposes are accomplished by: 1. Providing for a minimum lot size in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas. 2. Providing for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area.” Tables 38.310.030.A and 38.310.030.B establish the uses that are allowed in the R-1 zoning districts. Table 38.310.030.A – Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the 4. subject use in that code section. 5. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses R-1 General Residential Accessory dwelling units* - attached (38.360.040)2 P Accessory dwelling units* - detached (38.360.040) S Apartments/apartment building* — Cottage housing (38.360.110)* P Manufactured homes on permanent foundations (38.360.160)* P Manufactured home communities * — Single-household dwelling (38.360.210) P Two-household dwelling (38.360.210) — Three household dwelling or four- household dwelling (38.360.210) — Townhouses* & rowhouses* (two attached units) (38.360.240) P2 Townhouses* & rowhouses* (five attached units or less) (38.360.240) — Townhouses* & rowhouses* (more than five attached units) (38.360.240) — Group Residential 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 21 of 23 Community residential facilities* with eight or fewer residents P Community residential facilities* serving nine or more residents — Cooperative household* S Family day care home* P Group day care home* P Group living (38.360.150)* P Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a nonresidential designation the primary use shall be office and other nonresidential uses. Primary use shall be measured by percentage of building floor area. 2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this article. 3. In the R-3 district, townhouse groups must not exceed 120 feet in total width. Table 38.310.030.B – Permitted accessory and non-residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses R-1 Accessory Uses Lodging houses* — Essential services Type I* A Guest house* A Home-based businesses (38.360.140)* A/S Other buildings and structures typically accessory to authorized uses A Private or jointly owned recreational facilities A Signs*, subject to article 5 of this chapter A Temporary buildings and yards incidental to construction work A Temporary sales and office buildings A Non-Residential Uses Agricultural uses* on 2.5 acres or more (38.360.060) — Agricultural uses* on less than 2.5 acres (38.360.060) — 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 22 of 23 Bed and breakfast* C Commercial stable (38.360.220) — Community centers* C Day care centers* S Essential services Type II* P Essential services Type III*2 C Short Term Rental (Type 1)* P Short Term Rental (Type 2)* — Short Term Rental (Type 3)* — Golf courses C Offices* — Public and private parks P Medical offices, clinics, and centers* — Recreational vehicle parks (38.360.200)* — Restaurant — Retail — Uses approved as part of a PUD per division 38.380 of this article C Veterinary uses — Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non- office uses; where the district lies over a nonresidential designation the primary use shall be office and other nonresidential uses. Primary use shall be measured by percentage of building floor area. 2. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 3. Only when in conjunction with dwellings. 4. Subject uses are limited to 2,500sf of gross floor area and only allowed on street corner sites within a mixed use building featuring residential units next to and/or above subject uses. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owners: Robert P. Ballard and Cynthia L. Ballard, 1803 Bridger Drive, Bozeman, MT 59715 Applicant: Robert P. Ballard, 1803 Bridger Drive, Bozeman, MT 59715 Representative: None Report By: Danielle Garber, Assistant Planner 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 23 of 23 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. 1803 Bridger Drive Annexation and Zone Map Amendment application materials