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HomeMy WebLinkAbout19335 Nahorniak Annex ZMA Staff Report ZC 9-25-19Page 1 of 22 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Public Hearing Dates: Zoning Commission public hearing is on October 1, 2019. City Commission public hearing is on October 21, 2019. Project Description: Annexation of approximately 1.04 acres and amendment to the City Zoning Map for the establishment of a zoning designation of R-4 “Residential Density.” Project Location: The property is addressed 5170 Durston Road, Bozeman, MT 59718. The property is legally described as the Remainder of Tract 6 and 10’ Strip of Tract 7, located in the NW ¼ of Section 11, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Meets standards for approval with terms of annexation and contingencies. 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 #19-335 and move to recommend approval of the Nahorniak 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 #19-335 and move to approve the Nahorniak 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 #19-335 and move to approve the Nahorniak Zone Map Amendment, with contingencies required to complete the application processing. Report Date: September 24, 2019 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 2 of 22 EXECUTIVE SUMMARY Unresolved Issues None Project Summary The applicant, MJN Properties, LLC, seeks to annex one parcel of land totaling roughly 1.04 acres into the City limits and establish initial zoning of R-4 “Residential High Density.” The property is currently zoned “General Residential” within the County. Nearby city zoning includes “Residential Low Density” (R-1) to the north and west, “Residential Medium Density” (R-3) to the south, and “Residential High Density” (R-4) to the east. The future land use map in the Bozeman Community Plan designates the property and surrounding area as “Residential.” The subject property is currently occupied by one single-household residence and associated shed. The property is immediately surrounded by single-household residential land uses to the north and west and property zoned residential and subdivided for townhomes to the east and south. Alternatives 1. Approve the application with modifications to the recommended contingencies; 2. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 3. 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. 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..... 9 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 3 of 22 SECTION 4 – RECOMMENDATION AND FUTURE ACTIONS ........................................ 9 Annexation .......................................................................................................................... 9 Zone Map Amendment ..................................................................................................... 10 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 10 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 14 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 18 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 19 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 19 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 20 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 22 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 4 of 22 SECTION 1 - MAP SERIES Figure 1 Zoning Map SUBJECT PROPERTY 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 5 of 22 Figure 2 Future Land Use map SUBJECT PROPERTY 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 6 of 22 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 “Nahorniak Annexation”. 2. An Annexation Map, titled “Nahorniak Annexation Map” 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 suitable for filing 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. 3. The land owners and their successors must pay fire impact fees at time of annexation, 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. 4. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 5. The 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. 6. The applicant must execute at the Gallatin County Clerk & Recorder's Office in conjunction with the annexation, a waiver of right-to-protest creation of S.I.D.'s for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 7. The Annexation Agreement 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 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 7 of 22 infrastructure master plans and all City policies that may be in effect at the time of development. 8. 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 if they do not already exist: a) Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage. b) Street improvements to Fowler Avenue including paving, curb/gutter, sidewalk, and storm drainage. c) Street improvements to N. 27th Avenue including paving, curb/gutter, sidewalk, and storm drainage. d) Intersection improvements to Durston Road and Fowler Avenue. e) Intersection improvements to Durston Road and N. 27th Avenue. The applicant can obtain a copy of the template SID waiver from the City Engineering Department (Lance Lehigh). The SID wavier filed must specify that in the event a 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. 9. The project falls within several special improvement districts and payback districts. The applicant must contact the City’s Engineering Department (Katherine Maines) to determine if the property has outstanding payments due. Any payments required must be made concurrent with annexation or before approval of any development or redevelopment as established with the documents originating the district. 10. A ten-foot utility easement must be provided along the lot frontage prior to annexation. The executed easement must be delivered to the City Engineering Department (Lance Lehigh). The easement must be executed on the City’s standard easement form. A copy of the standard easement form can be obtained from the City Engineering Department. 11. 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 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 8 of 22 tank has been completely disconnected from the old septic system prior to connection to the City’s sanitary sewer system. 12. 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 potable water system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the well disconnection prior to connection to the City’s potable water system. 13. Bozeman Municipal Code (BMC) 38.410.130. 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. The determined amount must be paid prior to annexation. 14. 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. 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 9 of 22 i) All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. 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 “Nahorniak Zone Map Amendment”. 3. The applicant must submit a zone amendment map, titled “Nahorniak 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 suitable for filing 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 – RECOMMENDATION AND FUTURE ACTIONS Annexation The Development Review Committee (DRC) met to discuss the proposed annexation on August 21, 2019. The DRC did not make a formal recommendation and did not express concerns with annexation of the property. The City Commission will hold a public meeting on the annexation on October 21, 2019. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 10 of 22 Zone Map Amendment Having considered the criteria established for a zone map amendment, Staff recommends approval as submitted. The Nahorniak 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 #19-335. The Development Review Committee (DRC) considered the amendment on August 21, 2019. 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 October 1, 2019 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 hearing on the ZMA on October 21, 2019. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 4400 Criteria Commission Resolution No. 4400 Goals Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land contiguous to the City. Yes. The property in question is contiguous to the City limits on all sides. Goal 2: The City shall seek to annex all areas that are totally surrounded by the City, without regard to parcel size. Yes. The subject property is totally surrounded by the City on all sides. 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 and sewer services but is in an area covered by fire protection services. Any future development would require connecting to municipal water and sewer services. Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land proposed for development lying within the service boundary of the existing sewer system as depicted in the Bozeman Growth Policy, and to encourage 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 11 of 22 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 in Durston Road. The property is also located in the urban growth area of the Bozeman Community Plan. 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. 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 initial zoning of R-4 is a proper implementing district of the “Residential” category. No Growth Policy Amendment is necessary to accommodate anticipated uses. Discussion of the Zone Map Amendment criteria are presented in Section 6 of this report. 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 Residential). As a result, an application for a Zone Map Amendment is being processed concurrently with the annexation request to establish an initial zoning designation under the City of Bozeman. 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 12 of 22 The applicant has applied for a Zone Map Amendment (#19-335) 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 Durston Road to the north, 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.” 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 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 13 of 22 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 10-inch water line and an eight-inch sewer line are in the right-of-way of Durston Road at the northern boundary of the subject property line. 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. 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 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 14 of 22 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 #3. 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 #4. Policy 12: When possible, the use of Part 46 annexations is preferred. Yes. This annexation is being processed under Part 46 provisions. SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for 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, 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 15 of 22 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.” The R-4 zoning designation is an implementing district of the “Residential” future land use category. The proposed zone map amendment advances multiple objectives of the growth policy: Land Use Objective 1.4: “Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design.” 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.” No conflicts with the growth policy have been identified. B. Secure safety from fire and other dangers. Yes. The initial zoning of R-4 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. Those standards and requirements have been found adequate to address this criterion. Additionally, the property is located one-mile from Bozeman Fire Station #3, and the surrounding area is currently served by the Bozeman Fire Department. 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. Public health and safety will be positively affected by requiring new development to connect to municipal sanitary 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 16 of 22 sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. 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. The property is accessed from Durston Road (minor arterial). City water and sewer lines are located to the north of the property in the right-of-way of Durston Road. Additionally, the subject property is within the Bozeman Summit Elementary School District and the Chief Joseph Middle School District and is within a mile of the Gallatin County Regional Park and a half mile of Valley Unit Park. 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. F. The effect on motorized and non-motorized transportation systems. Yes. High density residential development as permitted under the R-4 designation could result in increased vehicle trips along Durston Road as a result of the addition of more residential units on the property. However, with a parcel size of 1.04 acres, it is unlikely that any development allowed by the city zoning code and R-4 district would be large enough to cause major negative effects on the motorized or non-motorized transportation systems. G. Promotion of compatible urban growth. Yes. The growth policy supports infill 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 density, providing additional housing options to meet Bozeman’s demand. The property is surrounded by City limits on all sides and is well-served by the City’s transportation network. While the proposed R-4 designation would allow for increased density, any future development would be required to be residential and thus compatible with surrounding residential uses at an appropriate scale. H. Character of the district. 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 17 of 22 Yes. The proposed R-4 zoning maintains the character of the district, with the surrounding areas zoned R-1, R-3, and R-4. The proposed zone map amendment creates a complimentary land use when looking at the larger vicinity of the subject property and does not significantly change the character of the district. I. Peculiar suitability for particular uses. Yes. The property is located in an area zoned for residential development of varying densities. The proposed R-4 designation would allow high-density residential development which is suitable for the site, given the surrounding zoning and connectivity potential to city services and infrastructure. Any future development will be reviewed against the provisions set forth in the R-4 zoning district. J. Conserving the value of buildings. Yes. There is an existing single-household residential structure on the property. Any proposed new or expanded residential structures will be required to meet setbacks set forth in the Bozeman Municipal Code, with 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. 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 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. 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 the following three 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? 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 18 of 22 No. The property is immediately surrounded by single-household residential development to the north and west and subdivided but vacant land to the south and east. Any proposed development would be residential and of a similar range of uses allowed in the adjacent zones. Therefore, it would not be significantly different than the 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? Yes. The proposed R-4 zoning designation is being requested by one landowner and would apply to one lot totaling 1.04 acres. All the surrounding areas have already been annexed and zoned. The zoning request is a necessary part of an annexation, which has been initiated by the landowner. The proposed R-4 zoning designation is not anticipated to directly benefit surrounding landowners; however, no substantial negative impacts have been identified due to this amendment. 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 more housing options in a growing area of the City which will benefit the general public. 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) 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 19 of 22 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), 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, MJN Properties, LLC, seeks to annex one parcel of land totaling roughly 1.04 acres into the City limits and establish initial zoning of R-4 “Residential High Density.” The property is currently zoned “General Residential” within the County. Nearby city zoning includes “Residential Single-Household Low Density” (R-1) to the north and west, “Residential Medium Density” (R-3) to the south, and “Residential High Density” (R-4) to the east. The future land use map in the Bozeman Community Plan designates the property and surrounding area as “Residential.” The subject property is currently occupied by one a single-household residence and associated shed. The property is immediately surrounded by single-household residential land uses to the north and west and vacant property zoned residential to the east and south. For water and wastewater, a 10-inch municipal water line and 8-inch sewer line are located in the right-of-way of Durston Road. Currently, there is an existing well and septic system for the single-family residence on the property. The property is accessed from Durston Lane, which is a minor arterial. The property is completely surrounded on all sides by the City, with predominately residential land uses in the area. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US 1st Class mail on September 13, 2019 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 September 15, 2019 and September 29, 2019. The Zoning Commission public hearing is scheduled for October 1, 2019 and the City Commission public hearing is scheduled for October 21, 2019. 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 20 of 22 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”. 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 21 of 22 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, “to 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.” 19-335, Staff Report for the Nahorniak Annexation and Zone Map Amendment Page 22 of 22 Table 38.310.040.A establishes the uses that are allowed in the R-4 zoning district. The table is available through the City’s website, www.bozeman.net. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owners: MJN Properties, LLC, 5170 Durston Road, Bozeman, MT 59715 Applicant: MJN Properties, LLC, 5170 Durston Road, Bozeman, MT 59715 Representative: C&H Engineering and Surveying, Inc., Attn: Matt Hauser, 1091 Stoneridge Drive, Bozeman, MT 59718 Report By: Chris Saunders, Community Development Manager FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this annexation or zone map amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. • Nahorniak Annexation and Zone Map Amendment application materials.