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19462 Staff Report for the 2504 W Mendenhall Street Annexation and Zone
Map Amendment
Public Hearings: Zoning Commission meeting is on December 10, 2019
City Commission meeting is on January 13, 2020
Project Description: Annexation 19462 requesting annexation of 0.388 acres and adjacent
right of way and amending the City Zoning Map for the establishment of a zoning
designation of R-3 Residential Medium Density district.
Project Location: 2504 W. Mendenhall Street
Recommendation: Meets standards for 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 19462 and
move to recommend approval of the 2504 W Mendenhall Street 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
19462 and move to approve Resolution 5120, the 2504 W. Mendenhall Street
Annexation.
Recommended City Commission Zoning 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 19462 and
move to provisionally adopt Ordinance 2037, the 2504 W Mendenhall Street Zone
Map Amendment.
Report: December 4, 2019
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
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EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
None.
Project Summary
This application was motivated by a failed on-site septic system. The annexation is of a
single parcel with a two-household residence on the parcel. Emergency connection to water
and sewer was authorized to mitigate a public health hazard. The area to be annexed is part of
an unannexed wholly surrounded area. The property is adjacent to the City.
Staff has reviewed the application and identified terms of annexation. All terms of
annexation have been satisfied. The required annexation agreement and resolution to adopt
the annexation have been prepared and the Commission may take final action on this
annexation request.
The application requests a municipal zoning designation of R-3, Residential Medium Density
district. The R-3 district is in place across the street to this property as part of a large
residential area. The property will be compliant with the setbacks, uses, and standards of the
R-3 district if approved. The ordinance for provisional adoption of the implementing
ordinance has been prepared.
Alternatives
1. Approve the application and associated resolution and ordinance;
2. Approve the application with modifications to the recommended zoning;
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.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
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This report is based on the application materials submitted and public comment received
to date. ................................................................................................................................. 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - TERMS OF ANNEXATION ............................................................................ 7
SECTION 3 - CONTINGENCIES OF ZONE MAP AMENDMENT ..................................... 8
SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS ...................................... 9
Annexation .......................................................................................................................... 9
Zone Map Amendment ....................................................................................................... 9
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 10
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 13
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 16
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 17
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 17
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 17
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 20
FISCAL EFFECTS ................................................................................................................. 20
ATTACHMENTS ................................................................................................................... 20
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SECTION 1 - MAP SERIES
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SECTION 2 - 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. These terms are included in the attached annexation agreement previously signed by
the applicants. No further action is required by the applicant to complete these terms.
Terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified as
the “2504 W. Mendenhall Street Annexation.”
2. If they do not already exist the applicant must provide and file with the County Clerk and
Recorder's office executed Waivers of Right to Protest Creation of Special Improvement
Districts (SID’s) for the following:
Street improvements to N. 25th Avenue and West Mendenhall Street.
The document filed must specify that in the event an SID is not utilized for the completion of
these improvements, the applicant agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof. The applicant must provide a copy of the SID waiver
filed with the County Clerk and Recorder prior to annexation.
3. 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
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.
4. 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.
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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.
7. 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.
8. Applicants will pay all applicable payback charges for prior construction in the SID 683,
HRDC 10” sewer, and Main Mall sewer paybacks.
9. Water rights for the two-household residence must be paid prior to connection to water
services.
10. Water and sewer connections to municipal services includes the proper abandonment of
the existing septic tank and disconnection of the on-site well from the domestic water supply.
Connections must comply with City of Bozeman construction standards.
SECTION 3 - 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. The applicant has met all their obligations in relation to
completion of the contingencies.
Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “2504 W. Mendenhall Street Zone Map Amendment.”
2. That the Ordinance for the Zone Map Amendment shall not be finalized until the
Annexation Agreement is signed by the applicant and formally approved by the City
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Commission. If the annexation agreement is not approved, the Zone Map Amendment
application shall be null and void.
SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) recommends approval of the requested annexation.
The City Commission will hold a public meeting on the annexation on January 13, 2020. The
meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The 2504 W Mendenhall Zone Map Amendment (ZMA) is in
conjunction with an annexation request. Staff’s recommendation and staff responses are
predicated on approval of the annexation.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application.
The Zoning Commission held a public hearing on this ZMA on December 10, 2019 and will
forward a recommendation to the Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the zone map amendment on January 13,
2020. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin
at 6 p.m.
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SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
The City Commission approved a revised annexation policy on October 28, 2019. The
application was received and deemed compete prior to the adoption of the revised policy.
Therefore, in considering applications for approval of the requested annexation, the advisory
boards and City Commission shall consider the following:
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.
The property in question is contiguous to the City limits on the south and east sides of the
parcel.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the
City, without regard to parcel size.
The subject property is part of a wholly surrounded area.
Goal 3: The City shall seek to annex all property currently contracting with the
City for services such as water, sanitary sewer and/or fire protection.
The subject property is recently approved to connect to water and sewer services due to a
failed septic system on-site.
Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land
proposed for development lying within the service boundary of the existing sewer
system as depicted in the Bozeman Growth Policy, and to encourage annexations within
the urban growth area identified in the Bozeman Growth Policy.
The subject property lies within the service boundaries of the City’s water and sewer
systems. Water and sewer mains are immediately adjacent to the property in N. 25th Avenue.
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.
The Terms of Annexation and executed annexation agreement include waivers for right to
protest on street improvements, creation of park and trail special district, and water rights.
The property is not adjacent to any collector or arterial street. N. 25th Avenue meets the right
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of way requirement for a local street. Therefore, no right of way is required with this
annexation.
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.
The property is designated “Residential.” No change is required to the growth policy to be
consistent with the requested zoning designation of R-3.
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.
The applicant has applied for a Zone Map Amendment in conjunction with this application
for annexation to establish an initial municipal zoning designation of “R-3 .” The map
amendment is being processed. See review criteria below.
c. The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
The applicant/owner has indicated that they prefer a zoning designation of “R-3.”
Policy 3: Fees for Annexation procedures shall be established by the City Commission.
No fee will be charged for any City-initiated annexation.
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.
The property proposed for annexation is accessed by paved roads. The roads do not meet
City’s construction standards but are adequate to meet this policy.
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
Staff Report- 2504 W Mendenhall St. Annexation & Zone Map Amendment Page 12 of 20
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman
to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.23.180 of the municipal code.
The required cash-in-lieu of water rights fee for this property has been paid.
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.
City infrastructure and emergency services are available to this property. The site is located
in an area wholly surrounded by the City and adjacent to properties which already receive
services. Water and sewer mains adequate to provide service are adjacent to the property.
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.
City sewer service was requested. Annexation is required.
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
The property to be annexed is able to be adequately described by reference to the Simkins
Subdivision plat of record at the Gallatin County Clerk and Recorder. Therefore, no special
mapping is required by the applicant.
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.
The water and sewer impact fees for connection to the home have been paid. The annexation
agreement provides notice of the applicability of impact fees to future construction on the
site.
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
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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.
Notices of the public hearing have been sent and posted on the site as set forth under this
policy.
Policy 11: Annexation agreements shall be executed and returned to the City within 60
days of distribution of the annexation agreement, unless another time period is
specifically identified by the City Commission.
The applicants have already signed the required annexation agreement. No further action is
required for compliance with this policy.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must 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.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find 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 property is planned for residential uses. The requested zoning is R-3, an
implementing residential district per table C-16 of the growth policy. The annexation
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advances goals for protecting the natural environment, supporting infill, and closing
unannexed areas surrounded by the City. No conflicts with the growth policy have been
identified.
B. Secure safety from fire and other dangers.
Yes. Annexation brings the property into the City’s service area. City response times for
emergency services are more rapid in this area. The R-3 district provides setbacks, requires
access to water for fire suppression, and other development standards that support safety.
C. Promote public health, public safety, and general welfare.
Yes. Removal of the on-site septic system will remove a potential groundwater
contamination source. The parcel size is less than optimal for septic and well separation
required today. The R-3 zone includes standards adopted to advance this criterion. These
include connection to municipal water and sewer services and setbacks to control spread of
fire.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The proposed R-3 district is consistent with the current use of the property. Connection
to water and sewer mains adjacent to the property will facilitate water and sewerage. No
changes are expected for schools, parks, or transportation. Adequate services in these
subjects already exist in the area.
E. Reasonable provision of adequate light and air.
Yes. The open space, park, and setback requirements of the R-3 district have been evaluated
and found to adequately meet this criterion.
F. The effect on motorized and non-motorized transportation systems.
Neutral. No change is expected with this change. There are two public streets adjacent to this
property. The site is already developed with a two-household residence. The site is
configured in such a way as to reduce near term redevelopment or intensification.
G. Promotion of compatible urban growth.
Neutral. The site is an infill location wholly surrounded by the City. The site is already
developed. Placement of the R-3 zone on the site is consistent with the existing uses and will
not change the uses.
H. Character of the district.
Yes. The R-3 district is consistent with the uses existing on the property. The area to the east
which is in the City is already zoned as R-3. The R-3 district allows a range of primarily
residential uses from single homes up to four home buildings. The majority of parcels within
Staff Report- 2504 W Mendenhall St. Annexation & Zone Map Amendment Page 15 of 20
several hundred feet in all directions are a mix of single detached homes, townhomes, and
rowhouses. All of these are appropriate to the R-3 zone.
I. Peculiar suitability for particular uses.
Neutral. The site is generally suitable for residential uses due to its placement, size, and
access to municipal water and sewer services. The R-3 provides flexibility for presently
existing and potential future changes.
J. Conserving the value of buildings.
Yes. The R-3 district makes no change to the existing homes on the site. The buildings in the
surrounding area are also consistent with the uses, heights, setbacks, and similar
characteristics of the R-3 district.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The site is well suited for residential uses due to proximity to commercial services,
access to water and sewer, and adjacent residential development. The R-3 district is a
primarily residential district that provides for a mix of housing including the two-household
configuration presently on the property. The site is planned for residential use.
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 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? No. The property is immediately surrounded by singlehousehold residential development to the north and west and single household townhomes to the south and east. The existing two home building is residential and of a similar intensity 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-3 zoning designation is being requested by one landowner and would apply to one lot totaling 0.388 acres. The zoning request is a necessary part of an annexation, which has been initiated by the landowner. The annexation is needed to meet standards for connection to municipal water and sewer needed due to a failed septic system on-site. The proposed R-3 zoning designation is not anticipated to directly benefit surrounding landowners; however, no substantial
Staff Report- 2504 W Mendenhall St. Annexation & Zone Map Amendment Page 16 of 20 negative impacts have been identified due to this amendment. Having fewer on-site septic systems is a benefit to the surrounding area as it lessens potential for groundwater contamination.
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.
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), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
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APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND The applicants, Tanner and Vanessa Skelton, seek to annex one parcel of land totaling 0.388 acres into the City limits and establish initial zoning of R-3 “Residential Medium Density.” The property is currently zoned “General Residential” within the County Zoning district Number 1; as are the other unannexed properties to the north and west. Nearby city zoning includes “Residential Medium Density” (R-3) to the east, and “Residential Moderate Density” (R-2) to the south. 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 two-household residence For water and wastewater, a municipal water main and sewer main are located in the right-of-way of N. 25th Avenue. Currently, there is an existing well and septic system for the residence on the property. The property is accessed from two local streets, W. Mendenhall and N. 25th Avenue. The property is completely surrounded on all sides by the City, with residential land uses in the area.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Noticing has been provided. Notice will be provided at least 15 and not more than 45 days
prior to the City Commission public hearing. That hearing is tentatively scheduled for
January 13, 2020. Due to the calendaring limitation at the end of the year it is necessary to
publish and mail the notices twice to accommodate adequate notice times prior to the public
hearings before the Zoning Commission and City Commission.
No public comment has been received as of the writing of this report.
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
Staff Report- 2504 W Mendenhall St. Annexation & Zone Map Amendment Page 18 of 20 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-3 is an implementing district for the future land use designation of “Residential”.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of “R-3” (Residential Medium Density District) in
association with the annexation of the property. The intent of the R-3 residential medium
density district is to provide for the development of one- to five-household residential
structures near service facilities within the city. 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 housing types, including single household
dwellings, two to four household dwellings, and townhouses to serve the varied needs of
households of different size, age and character, while reducing the adverse effect of non-
residential uses.
Use of this zone is appropriate for areas with good access to parks, community services
and/or transit.
Staff Report- 2504 W Mendenhall St. Annexation & Zone Map Amendment Page 19 of 20
Table C-16 Zoning Correlation With Land Use Categories
Zoning Districts
Plan Category R-S R-1 R-2 R-3 R-4 R-5 *** R-O REMU** RMH B-1 B-2 B-2M *** B-3 UMU M-1 M-2 BP NEHMU PLI Residential ● ● ● ● ● ● ● ● ●
Residential Mixed
Use Emphasis ● ● ● ● ● ●
Suburban
Residential ● ● ●
Regional
Commercial and
Services
● ● ● ●
Community Core ● ● ● Community
Commercial Mixed-Use ● ● ● ● ●
Business Park
Mixed Use ● ● ● ●
Industrial ● ● ● ● ● Public
Institutions ●
Parks, Open
Space, and
Recreational Lands*
● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●
Golf Courses ● ●
Present Rural ●
*Parks are depicted on Figure 3 in almost all zoning districts. Open spaces for a variety of purposes are created
under all zoning districts. Indication in this table does not create an allowance for uses other than parks and open
spaces that are not already included in the zoning district.
**The Residential Emphasis Mixed Use zoning district was created by Ordinance 1802 with final adoption on
April 11, 2011.
***The R-5 and B-2M zoning districts were created by Ordinance 1942 with final adoption on May 25, 2016.
Staff Report- 2504 W Mendenhall St. Annexation & Zone Map Amendment Page 20 of 20
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Tanner and Vanessa Skelton, 2504 W. Mendenhall Street, 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.
Application material