Loading...
HomeMy WebLinkAbout01-18240 Rainbow Creek Annexation and Zoning Staff ReportPage 1 of 28 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Public Hearing Dates: Zoning Commission public hearing is on November 20, 2018. City Commission public hearing is on November 26, 2018. Project Description: Annexation of approximately 2.29 acres and amendment to the City Zoning Map for the establishment of a zoning designation of R-4 “Residential High Density.” Project Location: The property is generally located east of the intersection of East Baxter Lane and Harper Puckett Road, and addressed as 4555 Baxter Lane, Bozeman, MT 59715. The property is legally described as a tract of land located in the SW ¼ of Section 34, Township 1 South, Range 5 East, P.M.M. Book 148, Page 207, Gallatin County, Montana. 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 #18-240 and move to recommend approval of the Rainbow Creek 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- 240 and move to approve the Rainbow Creek 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 #18-240 and move to approve the Rainbow Creek Zone Map Amendment, with contingencies required to complete the application processing. Report Date: November 7, 2018 Staff Contact: Danielle Garber; Assistant Planner Agenda Item Type: Action - Legislative 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 2 of 28 EXECUTIVE SUMMARY Unresolved Issues None Project Summary The applicant, Rainbow Creek Rental Properties, LLC, seeks to annex one parcel of land totaling roughly 2.29 acres into the City limits and establish initial zoning of R-4 “Residential High Density.” The property is currently zoned “Agriculture Suburban” within the County. Nearby municipal zoning includes Residential Single-Household Low Density (R-1) to the north and east and Public Lands and Institutions (PLI) to the south. Land to the west is unincorporated and zoned “Agriculture Suburban” within the County. The future land use map in the Bozeman Community Plan designates the property as “Residential” which the R-4 district serves to implement – see Table C-16 in Appendix C. The subject property is occupied by a single-household residence and a shop. The property is immediately surrounded by single-household residential land uses to the north and east, the future Bozeman Sports Park to the south, and agricultural land to the west. For water and wastewater, the existing residence is served a by a well and septic system. A 12-inch municipal water line dead ends at the southeastern corner of the property in the right-of-way of Baxter Lane and an eight-inch municipal water line is located roughly 230-feet north of the property in the right-of-way of Danube Lane. An eight-inch municipal sewer line is located roughly 230-feet north of the property in the right-of-way of Danube Lane. The property is accessed from Baxter Lane, which is a minor arterial. 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. 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 3 of 28 SECTION 1 - MAP SERIES Figure 1 Zoning Map 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 4 of 28 Figure 2 Future Land Use map 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 5 of 28 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 3 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 5 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 9 SECTION 4 – ADVISORY COMMENTS .............................................................................. 9 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 Annexation ........................................................................................................................ 10 Zone Map Amendment ..................................................................................................... 10 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 11 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 16 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 24 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 25 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 25 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 26 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 28 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 “Rainbow Creek Annexation.” 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 6 of 28 2. That the applicant must submit an Annexation map, titled “2018 Rainbow Creek Annexation”. The map must be supplied on: 1) a mylar for City records (either 18" by 24" or 24” by 36” size); 2) a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County Clerk & Recorder; 3) an editable digital copy for the City Engineer’s Office; and 4) a PDF. This map must be acceptable to the City Engineer’s Office, and must be submitted with the signed Annexation Agreement. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of- ways or street easements, and total acreage of the property to be annexed; unless the property to be annexed can be entirely described by reference to existing platted properties or certificates of survey. 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, as required by Chapter 2, Bozeman Municipal Code, as amended, in effect at the time of application for any applicable permit or development. Fire impact fees in the amount required for the existing home must be paid prior to final approval of the annexation agreement. An amount of $363.16 is estimated at this time. 5. 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 Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage b. Intersection improvements to Baxter Lane and Harper Puckett Road c. Intersection improvements to Baxter Lane and North Cottonwood Road d. Intersection improvements to Baxter Lane and Flanders Mill Road 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. 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 7 of 28 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 a City- wide Park 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 applicant must properly abandon the existing on-site septic tank and leach field upon 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. 8. The applicant must completely disconnect the on-site well from the house upon connection to the City water system to protect the City’s system from cross contamination; however, a wellhead may be kept for on-site irrigation. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnection prior to connection of water service from the house to the City water system. 9. The applicant must contact Brian Heaston with the City Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. An amount of $1,404 is estimated for the existing home with additional fees due at the time of future development of the property. The determined amount must be paid prior to final City Commission action on the annexation agreement. 10. Twenty feet of right-of-way (ROW) must be provided along the property frontage with the annexation to align with right-of-way to the east. 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 of the standard language. 11. A ten-foot public utility easement must be provided along Baxter Lane north of the additional required right-of-way 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. 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 8 of 28 12. City standard sidewalks and drive approach must be constructed along the property frontage; this requirement must be included within the annexation agreement and be completed by October 1, 2019. 13. 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. 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. 14. 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. 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 9 of 28 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. The Ordinance for the Zone Map Amendment must not be approved 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 is null and void. 2. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “Rainbow Creek Zone Map Amendment”. 3. That the applicant must submit a Zone Amendment map, titled “2018 Rainbow Creek Zone Map Amendment”. The map must be supplied on: 1) a mylar for City records (either 18" by 24" or 24” by 36” size); 2) a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County Clerk & Recorder; 3) an editable digital copy for the City Engineer’s Office; and 4) a PDF. This map must be acceptable to the City Engineer’s Office, and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. SECTION 4 – ADVISORY COMMENTS 1. Future Impact Fees - 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 the Applicant desires an estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit www.bozeman.net. 2. Upon future development or redevelopment of the parcel, the transfer of water rights or an additional payment of cash-in-lieu (CIL) of water rights may need to be provided per Bozeman Municipal Code 38.410.130 for an increase in usage. 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 10 of 28 3. Upon future development or redevelopment, the property will need to extend the sewer main from Danube Lane through the public water and sewer to the northern corner of the property as per the Baxter Meadows Phase 3 Wastewater Design. 4. The property is within the drainage basin for the Baxter Meadows lift station, the lift station capacity has been fully allocated. The property may not exceed the allocated capacity until the Davis Lane Lift Station and Norton East Ranch Outfall Diversion has been constructed and can provide additional capacity within the basin or an alternative solution can be reached. 5. Future development or redevelopment will be required to align the future drive access with the City of Bozeman Sports Park drive access on the south side of Baxter Lane. 6. Prior to future development or redevelopment, the applicant should contact Northwestern Energy (NWE) regarding the location of the existing utility lines. Preliminary discussions with NWE suggests the presence of a high pressure gas main in the vicinity. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Annexation The Development Review Committee (DRC) met to discuss the proposed annexation on June 20, 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 November 26, 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 Rainbow Creek 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 #18-240. The Development Review Committee (DRC) considered the amendment on June 20, 2018. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. Since the June 20, 2018 DRC, a revised application was received on October 25 changing the requested zoning from R-5 to R-4. The R-4 district is less intensive than the R-5 district. See 38.310.030 and 38.320.030 for the allowed uses and form and intensity standards for residential zoning districts. This new request was forwarded to the Engineering Division for review of the revised 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 11 of 28 application materials, and Engineering did not wish to revise any of the contingencies or advisory comments. The Zoning Commission will hold a public hearing on this ZMA on November 20, 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 November 26, 2018. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. 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 on three sides. 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, south, and east. 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 located roughly 230-feet north of the property in the right-of-way of Danube Lane. A large sewer trunk is located adjacent to the 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 12 of 28 property in the Baxter Lane right of way. 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 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. Additional right of way for Baxter Lane will enable continuation of sidewalk facilities along the street. This will improve public safety especially as the number of vehicles on the road increases and use of the adjacent park begins. 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” which the R-4 district serves to implement – see Table C-16 in Appendix C. The R-4 zoning district is in-line with the residential designation as it is intended to provide for a variety of compatible housing types, including single and multi-household dwellings, with offices allowed as secondary uses in conjunction with dwellings. As a result, the likely pattern of development on the subject property would be residential if the annexation and zone map amendment are approved. Discussion of the Zone Map Amendment criteria are presented in Section 7 of this report. 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 13 of 28 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 Agriculture 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 (#18-240) to establish an initial municipal zoning designation of R-4 “Residential High 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-4 “Residential High 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. 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 Baxter Lane to the south, a minor 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.” 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 14 of 28 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. Requirement for additional water rights will be evaluated during review of any proposed additional 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 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. A 12-inch water line dead ends at the southeastern corner of the property in the right-of- way of Baxter Lane and an eight-inch municipal water line is located roughly 230-feet north of the property in the right-of-way of Danube Lane. An eight-inch municipal sewer line is located roughly 230-feet north of the property in the right-of-way of Danube Lane. A 21-inch diameter sewer trunk is located adjacent to the property in Baxter Lane. The property is located in the drainage basin for the Baxter Meadows lift station, which is at capacity. Any future development would not be allowed to exceed capacity of the Baxter Meadows lift station until the Davis Lane Lift Station and Norton East Ranch Outfall Diversion or other approved alternative is constructed and can provide additional sewer capacity in the Baxter Creek drainage basin. The property is located adjacent to residential development that is currently served by Bozeman Fire. 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 15 of 28 Recommended Term of Annexation #13 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. Mapping requirements are addressed in Recommended Term of Annexation #2. The formal mylar map is 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 #4. Standard language addressing this policy has been developed by the City Attorney for inclusion with all annexation agreements. The fire impact fee will be due prior to annexation as service to the site will be new demand on the City’s fire 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 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 16 of 28 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. Notice has been published in two series. One set of notices was distributed for the initially requested zoning of R-5. When the applicant modified the application to request R-4 zoning a new set of notices was distributed. 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. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. The Future Land Use Map of 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-4 district is a proper implementing district for the future land use designation of “Residential.” 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 17 of 28 The R-4 zoning district is in accordance with the residential designation as it is intended to provide for a variety of compatible housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. In the R-4 district office are allowed as secondary uses in conjunction with dwellings and medical offices, clinics, and community centers would be conditional uses. As a result, the likely pattern of development on the subject property would be residential, with the potential for limited office and medical uses, if the annexation and zone map amendment are approved. Under the “Residential” future land use designation in the growth policy it states “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 the R-4 district the minimum density is eight dwellings per net acre. A variety of housing types are permitted, including single to four-household dwellings, apartments, and townhouses. This minimum standard can be met with all detached single homes or by a combination of different housing types. Additionally, the proposed zone map amendment advances multiple objectives of the growth policy: Housing Objective 1.1: “Encourage and support the creation of a broad range of housing types in proximity to services and transportation options.” Housing Objective 1.3 “Promote the provision of a wide variety of housing types in a range of costs to meet the diverse residential needs of Bozeman residents.” Housing Objective 3.3 “Promote the development of a wide variety of housing types, designs, and costs to meet the wide range of residential needs of Bozeman residents.” The growth policy encourages development of urban density housing. That aspiration also is balanced against other community priorities and “new and existing development must coexist and remain in balance”. Appendix K, Glossary, of the growth policy defines several terms to help the user understand how such coexistence can occur. Compatible development is defined as “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city’s adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation and 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 18 of 28 open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible land use is defined as “A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” The City has adopted the Unified Development Code (UDC) to implement these and other growth policy aspirations. As part of the UDC the City has adopted various intensity, form, and design standards, see articles 3 and 5, to require new construction to be constructed in ways which meet the definition of compatible development. These will be verified during the plan review process established in division 38.230 of the UDC. Therefore, the proposal is in accordance with the growth policy. See also the discussion under Criterion H. 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. This will improve fire and other emergency response times. The property will be required to conform to all City of Bozeman public safety, building and land use requirements. Those standards and requirements have been found adequate to address this criterion. The initial zoning of R-4 does not adversely impact safety from fire and other dangers. 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. Any future development of the site will be required to comply with the City’s Unified Development Code which will ensure the promotion of public health, safety and general welfare. Easements and extension of sidewalks as required under the annexation terms will improve pedestrian safety in the Baxter Lane corridor. Public health and safety will be positively affected as the proposed annexation will allow for future connections to the City sewer system, upon completion of Davis Lane Lift Station and Norton East Ranch Outfall Diversion or other approved improvements thereby removing a septic system and lessening resulting groundwater discharge. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 19 of 28 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 lines are located at the southeast corner of the property in the right-of-way of Baxter Lane and roughly 230-feet north of the property in the right-of- way of Danube Lane. A city sewer line is located roughly 230-feet north of the property in the right-of-way of Danube Lane and in Baxter Lane. 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 located in the drainage basin for the Baxter Meadows lift station, which is at capacity. Any future development would not be allowed to exceed capacity of the Baxter Meadows lift station until the Davis Lane Lift Station and Norton East Ranch Outfall Diversion or other alternatives are constructed and can provide additional sewer capacity in the Baxter Creek drainage basin. The property is accessed from Baxter Lane (minor arterial) and the Baxter trail is located directly to the east. Baxter Lane is in the midst of being reconstructed to a three-lane urban minor arterial with sidewalks and bike lanes. This project will help improve traffic flow on Baxter Lane and will increase connectively and accessibility for non-motorized transportation users. Any future development of the property will be evaluated for additional required improvements during the plan review process, including required parkland dedication, cash-in-lieu of parkland, or a combination of both. E. Reasonable provision of adequate light and air. Yes. The R-4 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. The property is adjacent to an arterial street and a pedestrian trail corridor which provide separation from adjacent uses and ensure access to both light and air to the site. F. The effect on motorized and non-motorized transportation systems. Neutral. High density residential development, as permitted under the R-4 designation, will likely result in increased vehicle trips along Baxter Lane. As a result, Baxter Lane will likely experience higher levels of congestion and intersection delay. This is consistent with increased traffic as anticipated in the 2017 transportation plan. This increase in traffic would occur without this project. However, there are several planned transportation projects in the vicinity of the property which will help alleviate impacts 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 20 of 28 to Baxter Lane. Cottonwood Road between Oak Street and Baxter Lane is scheduled to be constructed as a five-lane principal arterial in 2023, installation of traffic signal or roundabout is scheduled for the intersection of Baxter Lane and Cottonwood Road in 2023, and Baxter Lane is being reconstructed to three-lane urban minor arterial with sidewalks and bike lanes. A traffic signal is being installed at the intersection of Baxter Lane and Davis Lane at this time. When complete these projects will help mitigate future development impacts to the motorized transportation system. In terms of non-motorized transportation, higher density development will likely result in increased bicycle and pedestrian trips. While the portion of Baxter Lane immediately adjacent to the property does not currently have sidewalks or bicycle facilities the aforementioned Baxter Lane reconstruction project will add both. Right of way for the widening is being acquired through the associated annexation. Additionally, under the terms of annexation, City standard sidewalks are required to be constructed along the property frontage. G. Promotion of compatible urban growth. Yes. The growth policy supports infill and greenfield development on underutilized properties and providing a variety of housing options to meet the needs of residents. The proposed R-4 zoning designation will enable higher residential densities while still being respectful to existing development in the area. It permits a wide variety of housing types, providing additional housing options to meet Bozeman’s demand for housing. The property is surrounded by City limits on three sides and is well served by the City’s transportation network. While the proposed R-4 designation would allow for increased density in the area, any increase in density would most likely be residential and compatible with surrounding residential uses. Compatible development is defined in Section 38.700.040 as “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city’s adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible land use is defined in Section 38.700.040 as “A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 21 of 28 compatibility include, but are not limited to noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” The City’s adopted Unified Development Code (UDC) not only establishes these definitions but has adopted various intensity, form, and design standards, see articles 3 and 5, to require new construction to be constructed in ways which meet the definitions. These will be verified during the plan review process established in division 38.230 of the UDC. H. Character of the district. Yes. Character of the district is not limited to consideration of the immediately adjacent built environment. Section 38.300.100 of the municipal code addresses the purpose of residential districts. It says in part: “ The intent and purpose of the residential zoning districts is to establish areas within the city that are primarily residential in character and to set forth certain minimum standards for development within those areas. The residential districts also allow complementary non-residential uses. The purpose in having more than one residential district is to provide opportunities for a variety of housing types and arrangements within the community while providing a basic level of predictability. There is a presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. The presumption of compatibility may be overcome by a showing of specific evidence through the development review process that proves a development to be non-compliant with applicable standards.” Compliance with applicable standards includes all the site plan review requirements of Division 38.230 and all associated development standards. At this time, the final character of future development is unknown. The R-4 district can be developed as small low height single detached homes, or a more intensive residential development, or as a non-residential use such as a community center which is allowed in all residential zones. While the areas immediately to north and east of the subject property are zoned R-1 (Residential Low Density), there a variety of complimentary land uses in the larger vicinity of the subject property. The growth policy designates the subject property and surrounding areas as residential, which the proposed R-4 designation would implement. Within a half-mile of the subject property are vacant and developed parcels zoned medium and high density residential, including the developing Flanders Mill subdivision. The Flanders Mill subdivision, located southeast of the subject property, includes both R-3 (Residential Medium Density) and R-4 (Residential High Density). At full build out, Flanders Mill will provide a range of housing options including single- 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 22 of 28 household residences, townhomes, and multi-household residences. The subject property is also within a half-mile of both the future Bozeman Sports Park and the site of the new Bozeman High School. Additionally, adjacent single-household residences to the north and east are separated from and buffered from the subject property by a 50- foot open space corridor. Such physical separations are relied upon in interpreting zoning boundaries as outlined in 38.300.050. Therefore, having a zoning boundary along such a corridor is reasonable as it would be along a street or stream corridor which provides both physical and function separation of uses. As a matter of policy and practice, the City has avoided large areas of single district zoning and a diversity of uses within proximity is common in Bozeman. In the R-4 district, offices are allowed as secondary uses in conjunction with dwellings and medical offices, clinics, and centers would be conditional uses. Thus, while the proposed R-4 designation would allow for higher residential densities than the immediately surrounding areas, any future development of the property would be residential and fit with the character of the overall district, which is residential. I. Peculiar suitability for particular uses. Yes. The property is located in an area planned and zoned for residential development of varying densities. The proposed R-4 designation would allow high-density residential development which is suitable for the site. Any future development will be reviewed against the provisions set forth in the R-4 zoning district. Proximity to the large park to the south will provide nearby recreation for future residents and safe routes to nearby schools. J. Conserving the value of buildings. Neutral. There is an existing single-household residential structure on the property, which the applicant has indicated will be removed to efficiently develop the property, pending approval of the annexation and zone map amendment. Single-household residences to the north and east are buffered by a 50-foot open space corridor. This buffer will help alleviate any potential negative impacts to the values of adjacent buildings in the event of future development on the subject property. Any future development on the property will be subject to standards in the R-4 district which will ensure the conservation of adjacent building values. See also Criterion H. Residences which comply with the code are considered to be compatible and therefore should not injure adjacent areas. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The proposed R-4 zoning designation will encourage the most appropriate use of land as the growth policy designates the property as “Residential,” which the proposed 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 23 of 28 R-4 designation will implement. The proposed R-4 designation will allow for higher residential densities on an underutilized lot in a growing area of the City. The City is in need of additional housing to accommodate current and projected demand. To meet this demand a variety of housing options will be needed including single-household residences, townhomes, and apartments. An initial zoning designation of R-4 will provide greater flexibility in providing housing options to meet this demand. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of all three of the following conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. While the property is immediately surrounded by single-household residential development and the future Bozeman Sports Park, the greater area surrounding the subject property is comprised of vacant and developed parcels zoned medium and high density residential, including the developing Flanders Mill subdivision. As noted in Criterion H, the City has found that a variety of residential uses can be compatible. Section 38.310.030 lists the uses allowed in the R-1 and R-4 districts. A comparison shows that the R-1 zone allows twelve different types of residential uses and eight non-residential uses. The R-4 district allows seven additional residential uses and three additional non-residential uses not allowed in the R-1 district. The primary difference with regard to non-residential uses is that the R-4 district would allow for medical offices, clinics, and centers as conditional uses and offices as special uses in conjunction with dwellings. As a result, the likely future use of the property would be residential, with potential for limited non-residential uses. While higher residential densities would be permitted, the proposed zoning designation would not result in primary uses of the site that are significantly different that prevailing land uses in the area. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? The proposed R-4 zoning designation is being requested by one landowner and would apply to one lot totaling 2.29 acres. The zoning request is a necessary part of an annexation. Annexation has been initiated by the landowner. The parcel to 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 24 of 28 be annexed is surrounded on three sides by the City. This limits the ability to review a zoning request as part of a larger project. The proposed R-4 zoning designation is not anticipated to directly benefit surrounding landowners. However, as discussed above, no substantial negative impacts have been identified due to this amendment. The site is geographically small, but the entire site is proposed for the same district designation. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While the number of landowners who will directly benefit from the proposed zone map amendment is small, the proposed amendment is not at the expense of surrounding landowners or the general public. As discussed above in the various review criteria, no substantial negative impacts have been identified due to this amendment. When looking at the City as a whole, Bozeman is in need of additional housing to meet increased demand for a variety of housing options. The proposed R-4 zoning designation will allow for a greater array of housing options in a growing area of the City which is the future home of the Bozeman Sports Park and new Bozeman High School. In this sense, the proposed R-4 zoning designation will help address Bozeman’s need for greater housing options and will thereby benefit the community as a whole. 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 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 25 of 28 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, Rainbow Creek Rental Properties, LLC, seeks to annex one parcel of land totaling roughly 2.29 acres into the City limits and establish initial zoning of R-4 “Residential High Density.” The property is currently zoned “Agriculture Suburban” within the county. Nearby municipal zoning includes Residential Single-Household Low Density (R-1) to the north and east and Public Lands and Institutions (PLI) to the south. Land to the west is unincorporated and zoned “Agriculture Suburban” within the county. The future land use map in the Bozeman Community Plan designates the property as “Residential.” The subject property is occupied by a single-household residence and a shop. The property is surrounded by single-household residential land uses to the north and east, the future Bozeman Sports Park to the south, and agricultural land to the west. For water and wastewater, the existing residence is served a by a well and septic system. A 12-inch municipal water line dead ends at the southeastern corner of the property in the right-of-way of Baxter Lane and an eight-inch municipal water line is located roughly 230-feet north of the property in the right-of-way of Danube Lane. An eight-inch municipal sewer line is located roughly 230-feet north of the property in the right-of-way of Danube Lane. The property is accessed from Baxter Lane, which is a minor arterial. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US 1st Class mail on Tuesday, October 30 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 October 28, 2018 and November 4, 2018. The Zoning Commission public hearing is scheduled for November 20, 2018 and the City Commission public hearing is scheduled for November 26, 2018. The original requested zoning district of R-5 received eight letters of protest (reaching the 25% protest threshold), and 16 letters of public comment with 14 against and 2 in support of the proposed initial zoning designation. As of the completion of this staff report, no public comment or letters of protest have been received regarding the revised zoning district request of R-4. The public notice 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 26 of 28 that was mailed, posted on site, and in the newspaper contained language advising the public that protests against the R-5 zoning are no longer applicable to the new requested zoning and they must submit a new comment or protest addressing the content of the revised application. 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 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-4 is an implementing district for the future land use designation of “Residential.” 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 27 of 28 Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-4 (Residential High Density) in association with the annexation of the property. The intent of the R-4 District is, “…provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. 18-240, Staff Report for the Rainbow Creek Annexation and Zone Map Amendment Page 28 of 28 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owners: Ru Jian Zhang and Yan Fei Qiu, 3197 Summerset Drive, Bozeman, MT 59715 Applicant: Rainbow Creek Rental Properties, LLC, 101 East Main Street, Bozeman, MT 59715 Representative: Madison Engineering, LLC, 895 Technology Boulevard, Suite 203, Bozeman, MT 59718 Report By: Danielle Garber, Assistant Planner Griffin Nielsen, Development Review Engineer 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. Rainbow Creek Annexation and Zone Map Amendment application materials. • 18240 Application Materials Original Submittal • 18240 Application Materials Revised 10-25-2018 • Comparison of uses in R-1 and R-4