HomeMy WebLinkAbout01-13-20 City Commission Packet Materials - A2.3. Res. 5120, Ord. 2037 Provisional for App. 194621
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager
Martin Matsen, Director of Community Development
SUBJECT: Adoption of Resolution of Annexation 5120 annexing 2504 W Mendenhall Street
and adjacent right of way and provisional adoption of Ordinance 2037
establishing an initial zoning of R-3, Residential Medium Density, Application
19462.
MEETING DATE: January 13, 2020
AGENDA ITEM TYPE: Action
RECOMMENDATION: Meets standards for approval with terms of annexation and contingencies.
RECOMMENDED 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 adopt Resolution 5120, the 2504 W.
Mendenhall Street Annexation and authorize the Interim City Manager to sign the annexation agreement
on behalf of the City.
RECOMMENDED 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.
BACKGROUND: 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.
The applicant has completed the annexation agreement and all terms of annexation and zone map
amendment. Therefore, this application is presented with final documents for City Commission action.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Adopt Resolution 5120 and Ordinance 2037 as presented.
2) Request additional information and continue to a date certain.
Commission Memorandum
146
2
3) Deny the application
FISCAL EFFECTS: None
Attachments:
Resolution 5120
Ordinance 2037
Staff report
Application materials
Report compiled on January 8, 2020
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19462 Staff Report for the 2504 W Mendenhall Street Annexation and Zone
Map Amendment
Public Hearings: Zoning Commission meeting was on January 7, 2020
City Commission meeting is on January 13, 2020
Project Description: Adoption of Resolution of Annexation 5120 and provisional adoption
of Ordinance 2037 regarding 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.
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: January 8, 2020
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
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Unresolved Issues
None.
Project Summary
A failed on-site septic system requires this application. 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.
Zoning Commission
The Zoning Commission conducted their public hearing on January 7, 2020. After
consideration of the matter, they recommended approval of the zone map amendment. The
video record of the meeting is available at https://www.bozeman.net/services/city-tv-and-
streaming-audio.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
Zoning Commission ............................................................................................................ 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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The area included in the final zoning will include the public right of way for N 25th
and W.
Mendenhall.
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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 develop further any of the Property until the City
verifies 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. Payment for water rights for the two-household residence must be received 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 location is 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 January 7, 2020. They
recommend approval of the application.
The City Commission will hold a public hearing on the zone map amendment on January 13,
2020. The meeting location is 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 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
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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. The City expects no change with this amendment. 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
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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 single household 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
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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. The number of landowners who will directly benefit from the proposed zone
map amendment is small. However, 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 were 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. 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 was provided at least 15 and not more than 45 days prior to the City Commission
public hearing. That hearing is 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 was received as of the writing of this report. No oral or written comment
were submitted at the Zoning Commission public hearing.
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
164
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.
165
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.
166
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
This Annexation or Zone Map Amendment will not change presently budgeted funds.
ATTACHMENTS
The full application and file of record is available for review at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application material
167
Resolution of Annexation 5120 2504 W. Mendenhall Street Annexation Page 1 of 3
RESOLUTION NO. 5120
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS
TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF
THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS.
WHEREAS, the City of Bozeman received a petition for annexation from Tanner and
Vannesa Skelton, current landowners of record, requesting the City Commission to extend the
boundaries of the City of Bozeman so as to include an area of land containing approximately 0.388
acres, located at 2504 W. Mendenhall Street; and
WHEREAS, the current landowner of record of real property consisting of one parcel of
land described as Lot 1, Simkins Subdivision, located in the NE ¼ of Section 11, Township 2
South, Range 5 East, P.M.M., Gallatin County, Montana. requested the City Commission to extend
the boundaries of the City of Bozeman; and
WHEREAS, an annexation staff report was prepared in accordance with the
Commission's goals and policies for annexation and was presented to the Commission on January
13, 2020; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
January 13, 2020; and
WHEREAS, the City did not receive any written protest from the real property owners of
the area to be annexed; and
168
Resolution of Annexation 5120 2504 W. Mendenhall Street Annexation Page 2 of 3
WHEREAS, on January 13, 2020, the Commission approved the annexation subject to an
annexation agreement which was signed by the current land owner prior to the public hearing; and
WHEREAS, the provision of available services, including, but not limited to, streets,
rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SIDs,
and water and sewer hookup fees, to said contiguous tracts is the subject of a written agreement
between the City and the Landowner; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of this
contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, M.C.A., the following-
described property, which is contiguous to the municipal boundaries of the City of Bozeman, be
annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to
embrace and include 12.0 acres, to wit:
Legal Description
The property is described as:
Lot 1, Simkins Subdivision, located in the NE ¼ of Section 11, Township 2
South, Range 5 East, P.M.M., Gallatin County, Montana, being 0.388 acres; and
The adjacent right of way for N. 25th
Avenue from the southern boundary of Lot
1, Simkins Subdivision to the northern edge of W. Mendenhall Street right of way
and the right of way of W. Mendenhall Street from the western boundary of Lot 1,
Simkins Subdivision to the current City boundary, being 0.59 acres.
Section 2
The effective date of this annexation is January 14, 2020.
169
Resolution of Annexation 5120 2504 W. Mendenhall Street Annexation Page 3 of 3
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 13th day of January, 2020.
_________________________________
CHRIS MEHL
Mayor
ATTEST:
_________________________________
MIKE MAAS
Interim City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
170
Inter-office Original to:
CityofBozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
2504 W MENDENHALL STREET
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this day of _, 2020,
by and between the CITY OF BOZEMAN, a municipal corporation and self-governing political
subdivision of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-
0640, hereinafter referred to as "City", and Tanner J. and Vanessa E. Skelton, 2504 W Mendenhall Street,
Bozeman MT 59715, hereinafter referred to as "Landowner".
W ITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred
to as the 2504 W MENDENHALL STREET ANNEXATION situated in Gallatin County, Montana, and
more particularly described as follows:
An area of land comprised of and described as follows:
Lot 1 of the Simkins Subdivision (Plat F-32 in the records of the Gallatin County Clerk
and Recorder) (0.388 acres)
2504 W. Mendenhall Annexation Agreement 1
171
WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land;
and
WHEREAS, the 2504 W MENDENHALL STREET ANNEXATION is not within the corporate
limits of the City or other municipality and may therefore be annexed to the City in accordance with the
provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and
WHEREAS, all parties recognize the annexation of the 2504 W MENDENHALL STREET
ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the 2504 W
MENDENHALL STREET ANNEXATION to connect to and utilize City services, including municipal
water and sewer service, fire service, and the City's street system, among others; and
WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner
can agree to the provisions of services to the area to be annexed; and
WHEREAS, due to emergency conditions for provision ofwastewater the City and Landowner
have entered into an Agreement for Public Sanitary Sewer and Water Connection and Consent to
Annexation for the area to be annexed; and
WHEREAS, the parties recognize additional development on the 2504 W MENDENHALL
STREET ANNEXATION will impact all city services including but not limited to area streets, water,
sewer, and fire services, and that future improvements may require additional improvements to streets,
water, sewer, or other facilities necessary to provide services to the 2504 W MENDENHALL STREET
ANNEXATION; and
WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and
dependable water service and sewer service; and
2504 W. Mendenhall Annexation Agreement 2
172
WHEREAS, the parties have determined that it is in the best interests of the City and Landowner,
and in furtherance of the public health, safety and welfare of the community to enter into and implement
this Agreement.
WITNESSETH:
W CONSIDERATION of the mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals
2.
The above recitals are true and correct.
Annexation
The Landowner filed an application for annexation of the 2504 W MENDENHALL STREET
ANNEXATION with the City on _, 2019. By execution of this Agreement,
the City manifests its intent to annex the 2504 W MENDENHALL STREET ANNEXATION tract
pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2,
Part 46, Mont. Code Ann. the City Commission may, upon execution of this Agreement by the
Landowner, adopt a Resolution of Annexation of the 2504 W MENDENHALL STREET
ANNEXATION. If the Bozeman City Commission adopts a Resolution of Annexation, upon the
execution of this Agreement by the City, the Landowner shall do all things required by this Agreement
and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and
provisions of this Agreement and to effect the annexation of the 2504 W MENDENHALL STREET
ANNEXATION.
3. Services Provided
2504 W. Mendenhall Annexation Agreement 3
173
The City will, upon annexation, make available to the 2504 W MENDENHALL STREET
ANNEXATION existing City services only to the extent currently available, or as provided in this
Agreement.
4. Municipal Water Service Defined
The term "municipal water service" as is used in this agreement shall be the service which is
supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended,
as well as any other terms and conditions which apply to the City's provision of municipal water service
but does not include the extension of lines or constmction of necessary improvements at any cost to the
City for delivery of water to and within the 2504 W MENDENHALL STREET ANNEXATION.
Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering,
construction, and other costs for the delivery of water to or within the 2504 W MENDENHALL
STREET ANNEXATION to include, but not limited to, any impact fees, hook-up, coimection, or
development charges which have been or may be established by the City.
5. Municipal Sewer Service Defined
The term "municipal sewer service" as is used in this Agreement shall be the service which is
supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended,
as well as any other terms and conditions which apply to the City's provision of this service but does not
include the extension of lines or construction of necessary improvements at any cost to the City for
collection of sewage at and within the 2504 W MENDENHALL STREET ANNEXATION. Nothing in
this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and
other costs for the collection of sewage services to or within the 2504 W MENDENHALL STREET
ANNEXATION to include, but not limited to, any impact fees, hookup, comiection, or development
charges which may be established by the City.
2504 W. Mendenhall Annexation Agreement 4
174
6. Water and Sewer Connections
Landowner understands and agrees that consistent with the Agreement for Public Sanitary Sewer
and Water Connection and Consent to Annexation and under no conditions not later than 60 days after
the City Commission approval of the Annexation Agreement, the existing residence on the property must
be connected to City water and sewer utilities. Water and sewer services must be constructed in
accordance with design and specifications approved by the City prior to the installation of the water and
sewer lines. Landowner must contact the City Water and Sewer Division to obtain details ofconstmction
requirements. Landowner must notify the City Water and Sewer Superintendent a minimum of 48 hours
prior to construction of the services and disconnection of the well and septic system abandonment.
Landowner further understands and agrees that prior to connection to the City water and sewer
system, the existing on-site sewage treatment system must be properly abandoned and certification
provided to the City Water and Sewer Division that the abandonment occurred. The Landowner 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 line from the house
to the septic tank has been completely disconnected from the existing septic system prior to the
Landowner connecting the sanitary sewer line coming from the house to the City sanitary sewer system.
Any wells presently used for domestic purposes may be retained for irrigation only, with no
physical connection to domestic water piping. Certification that there is no physical connection between
an on-site well and the domestic water line coming from the City's water supply to the house must be
provided. The City Water and Sewer Division may perform an inspection of the property and certify that
the disconnection of the well and septic system abandonment are properly completed. Landowner
understands and agrees that if Landowner fails to properly abandon the existing septic system and/or
fails to disconnect the existing well from the domestic water piping as required herein the City may upon
2504 W. Mendenhall Annexation Agreement 5
175
ten day's written notice to the Landowner terminate water and/or sewer services to the property. Costs
of all disconnects and/or subsequent reconnects shall be borne by Landowner.
7. Water Rights
The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu
of water rights shall be provided upon further development or subdivision of the property in accordance
with Section 38.23.180, Bozeman Municipal Code. The amount of water rights or cash-in-lieu thereof
due at the time of further development or subdivision of the property will be calculated based on the
annual demand for volume of water the development will require multiplied by the most current annual
unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be
made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights
may increase over time as established by Resolution of the City Commission. Payment of $1,488.00 for
cash-in-lieu of water rights for the existing two-household structure on the property is due at the time of
connection to the municipal water system.
8. Future Development Limitations
The Landowner shall be responsible for installing all facilities required to provide full municipal
services to the property in accordance with the City's infrastructure master plans and all City regulations,
policies and guidelines that may be in effect at the time of any future development. Thus, Landowner
understands and agrees that there is no right, either granted or implied, for the Landowner to further
develop any of the 2504 W MENDENHALL STREET ANNEXATION until it is verified by the City
that the necessary municipal services, including but not limited to police and fire protection, streets,
sewer and water capacity, and stonnwater systems are available to the 2504 W MENDENHALL
STREET ANNEXATION. Notice is thus provided to the Landowner that prior to additional
development of the property, the Landowner will be solely responsible for installing, at Landowner's
2504 W. Mendenhall Annexation Agreement 6
176
sole expense, any facilities or infrastructure required to provide full municipal services to the 2504 W
MENDENHALL STREET ANNEXATION in accordance with the City's infrastructure plans, adopted
growth policy, and all other city regulations, policies and guidelines that may be in effect at the time of
development.
9. Waiver of Right-to-Protest Special Districts and Special Improvement Districts
A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts for
the maintenance of any parks and trails within the City. The Landowner agrees such a special district
will provide a mechanism for the fair and equitable assessment of maintenance costs for parks and trails.
The waiver is attached hereto as Exhibit "A" and is hereby incorporated in and made a part of this
Agreement.
B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts or
Special Improvement Districts (SID) for street improvements including paving, curb and gutter,
sidewalk and stormwater drainage facilities for N. 25 Avenue and W. Mendenhall Street. Landowner
agrees such a special district or SID will provide a mechanism for the fair and equitable assessment of
construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit
"B" and is hereby incorporated in and made a part of this Agreement.
C. Landowner agrees that in the event a special district or SID is not used for the completion
of these improvements as described in subsections A and B above, the Landowner shall participate in an
alternative 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.
10. Payback Districts
2504 W. Mendenhall Annexation Agreement 7
177
The 2504 W MENDENHALL ANNEXATION is within multiple infrastructure payback districts.
Landowner agrees to pay the following paybacks at the time of application for annexation.
a. SID 683 (West Babcock) payback amount of $2,1 55.37 (Two Thousand One Hundred Fifty-
Five dollars and Thirty-Seven cents)
b. HRDC 10" sewer payback amount of $33.81 (Thirty-Three dollars and Eighty-One cents)
c. Main Mail sewer payback amount of $169.02 (One Hundred Sixty-Nine dollars and Two
cents)
11. Street Improvements
The Landowner understands and agrees that at the time of future development the portion of N.
25 Avenue and W. Mendenhall Street fronting this property will be required to be improved to a City
standard at Landowner's expense.
12. Impact Fees
Landowner acknowledges that annexation and any future development of their property will
impact the City's existing street, water and sewer infrastructure, and the City's fire service. As approved
by the City, the land owners and their successors shall pay:
A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at
time of issuance of building permit.
B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as
amended, at time of issuance of building permit.
C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time
of connection to city water.
D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time
of connection to city sewer.
The amount of impact fee to be paid for connection to the city's water and sewer services shall
be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time
of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall
2504 W. Mendenhall Annexation Agreement 8
178
be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time
an application for building permit is submitted.
Landowner further understands and agrees that any improvements, either on-site or off-site,
necessary to provide connection of the 2504 W MENDENHALL STREET ANNEXATION municipal
services and which are wholly attributable to the property as determined exclusively by the City are
considered "project related improvements" as defined in Chapter 2, Article 6, Division 9, Bozeman
Municipal Code, as amended, and as such, are not eligible for impact fee credits.
If Landowner defaults on this condition at the time such is to be performed, and should default
not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and
Landowner of such default, City may at its option:
A) Declare the amounts owing for impact fees immediately due and payable and City
shall have the right and privilege to take legal action against Landowners for the
collection of such sum, including the entry of any judgment. In addition, the City
may, at its option, enforce payment of such amount by levying an assessment on
the premises.
B) Elect any other remedy available to City under the laws of the State of Montana.
13. Additional Terms
The parties recognize these documents shall be filed and of record with the Gallatin County Clerk
and Recorder prior to the sale of any land within the 2504 W MENDENHALL STREET
ANNEXATION. The parties further agree that the City may file these documents at any time.
14 Governins Law and Venue
This agreement shall be construed under and governed by the laws of the state of Montana. In
the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin,
State of Montana.
2504 W. Mendenhall Annexation Agreement 9
179
15. Attorney's Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to
reasonable attorney's fees and costs, to include the salary and costs ofin-house counsel including City
Attorney.
16. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be deemed a
waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No
covenant, term or agreement shall be deemed waived by either party unless waived in writing.
17. Invalid Provision
The invalidity or unenforceability of any provision of this agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
18. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
19. No Assignment
It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this
Agreement in whole or in part without prior written consent of the City.
20. Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties
hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of
the annexed property.
2504 W. Mendeiihall Annexation Agreement 10
180
21. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the 2504 W MENDENHALL
STREET ANNEXATION and shall be covenants rumiing with the land and shall not expire at their
deaths or upon transfer of ownership of the property.
The undersigned Landowner affirms that they have authority to enter into this Agreement and to
bind themselves to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and
year first above written.
<5t^^c oC ^^^L>
COV^^) Of ^^
LANDOWNER
f
Tanner J Skelton
On this I'' day of ^\}6\/1c^AJd^rZ^ , 2019, before me the undersigned, a Notary Public for
the State of Montana, personally appeared Tanner J. Skelton, whose name is subscribed to the within
instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day,
month, and year in this certificate first above written.
(SEAL)
^^\ BRITTANXA PETERS
^ ~'^^\ NOTARX.PUBUCforthe
^^.^y\ NOTARYPUBLICforthe
I {SEAL ; I ,,S7ATE OFMONTANA^
/ / Keslaln£ in Bozemaii, Montana
^.^ March lission 17, 2023 ExDires
Nota^^ublic f6r\tlis^S^te o
Printed Notary Name p
ont
?-t<^
Residing at '^€>'^^{\^jy\[j ,Montana.
My Commission expires: f\}Jtj\fC^\ \~f~i '2^)^-3
2504 W. Mendenhall Annexation Agreement 11
181
^' ^^ rYm^^.
aow^ ^ ^^/L^-n^
LANDOWNER
^
Vaness* elton
On this I^
day of ^C^^t- 2019, before me the undersigned, a Notary Public for
the State of Montana, personally appeared Vanessa E. Skelton, whose name is subscribed to the within
instrument and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day,
month, and year in this certificate first above written.
(SEAL)
^-\p^
y'^»^
\ ^\SEAL.^ ^
BRTTTANY A PETERS
NOTARY PUBLIC for the
STATE OF MONTANA
Residing in Bozeman; Montana
Mv Commission Expires
March 17,2023"
Nota%^iB'lic fo}
fed Notary^Tame -^V^'^TL
Residing at ^j^s^A^^
My Commission expires: (J( Q^r^^ f?- -2^)Z^
f^k^
2504 W. Mendenhall Annexation Agreement 12
182
CITY OF BOZEMAN
By: Dennis M. Taylor, Interim City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of. ., 2020, before me, a Notary Public for the
state of Montana, personally appeared Dennis M. Taylor and Mike Maas, known to me to the persons
described in and who executed the foregoing instrument as Interim City Manager and Interim City
Clerk respectively, of the City ofBozeman, whose names are subscribed to the within instrument and
acknowledged to me that they executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
(Printed Name Here)
Notary Public for the State of Montana
Residing at
My Commission Expires:_
(Use 4 digits for expiration year)
2504 W. Mendenhall Annexation Agreement 13
183
EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL DISTRICT
FOR A CITY-WIDE SPECIAL DISTMCT FOR PARKS, TRAILS OR OPEN SPACE
2504 W MENDENHALL STREET ANNEXATION
The undersigned owner of the real property situated in the County ofGallatin, State of Montana,
and more particularly described as follows:
Lot 1 of the Simkins Subdivision (Plat F-32 in the records of the Gallatin County Clerk
and Recorder)
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to City
parks, trails, and open space which will be caused by the development of the above-described property,
the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right
to protest the creation of one or more special districts to fund capital improvements, operations, and
maintenance of any parks, trails, or open spaces within the annexed area and/or of a City-wide special
district to fund capital improvements, operations, and maintenance of parks, trails, and open spaces
throughout the City, which would provide a mechanism for the fair and equitable assessment of costs
for City parks, trails, and open spaces, or to make any written protest against the size or area or creation
of the district be assessed in response to a duly passed resolution of intention to create one or more
special districts for the above described purposes and which would include the above-described property.
This waiver is made for the benefit of the property described above and shall be a covenant
running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
2504 W. Mendenhall Annexation Agreement 14
184
DATED this l^I day avof of (^ove^B^^ _, 2019.
fff^6 (^ \^r^'"r^
COH^ Cr( ^<zl^-hr^
LANDOWNER
7-
Tanner J Skelton
On this I' l')day rd,of \\-vof(P^ ^l>/^^Jt^//N^<—^ 2019, 0^. before me the undersigned, a Notary Public for
the State of Montana, personally appeared Tanner J. Skelton, whose name is subscribed to the within
instmment and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day,
month, and year in this certificate first above written.
3AT^\ BRITFANY A PETERS
^^OTA^\ NOTARY PUBLIC for the
: SEAL* '; I „ STATE OF MONTANA"
/ / Residing in Bozeman, Montz
'/^OTAR^&\
: SEAL* '; I „ STATE OF MONTANA"
/ / Residing in Bozeman, Montz
. - . - '^f/ My Comtmssion Eroires
^^y March 17,2023'
Not^-Ptiblic for^Ee State of Montana.
Printed Note
Residing at
ame ~^M^
, Montana.
My Commission expires: iU(KA/^?V t 7£7
2504 W. Mendenhall Annexation Agreement 15
185
^^ of tYVC^-^
Ciw^ ^ (^cl^^r^
LANDOWN
d
\
^
Vaness^Sr«fcelton
On this is ^ day of ffsjQ^A^^^^-2019, before me the undersigned, a Notary Public for
the State of Montana, personally appeared Vanessa E. Skelton, whose name is subscribed to the within
instrument and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day,
month, and year in this certificate first above written.
(SEAL)
^A~^ BRJTTANXA PETERS"
f''^^\ NOTARY_PUBLICfoTthe
; SEAL; | ,>STATEOFMONTAN^
; in Bozeman, Montana
^'»-<>£^^/ 3>Myc^r March ?issi'OTEXpireul
^d
Nota^^y^Iic f(}tstKeSt^te of^I^ontana
Printed Notary Name ^n-ti^VVU 11
Residing at'^y)'^ J(^\QJU\/^ {^J Montana
My CommissTon expires: ^A^UTi'JtA" l7'/
2504 W. Mendenhall Annexation Agreement 16
186
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
2504 W MENDENHALL STREET ANNEXATION
The undersigned owner of the real property situated in the County ofGallatin, State of Montana,
and more particularly described as follows:
Lot 1 of the Simkins Subdivision (Plat F-32 in the records of the Gallatin County Clerk
and Recorder)
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to N. 25th
Avenue and W. Mendenhall which will be caused by the development of the above-described property,
the owner has waived and does hereby waive for itself, its successors and assigns forever the right to
protest the creation of one or more special districts or special improvement districts for the construction
and maintenance of following improvements: paving, curb/gutter, sidewalk, storm drainage facilities
for N. 25th Avenue and W. Mendenhall Street, or to make any written protest against the size or area
or creation of the district be assessed in response to a duly passed resolution of intention to create one or
more special districts or special improvement districts which would include the above-described
property.
In the event a special district or special improvement district is not utilized for the completion of
these improvements, the Landowner agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by the City on the
basis of the square footage of property, taxable valuation of the property, traffic contribution from the
development or a combination thereof.
2504 W. Mendenhall Annexation Agreement 17
187
This waiver is made for the benefit of the property described herein shall be a covenant running
with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
DATED this 1 day of |\\OVr<^lAA^^ , 2019.
LANDOWNER
6^k^^ (YY&V-^^
Co^^ 6^^^-^
/ -
Tanner J Skelton
On this 1 day of \\^^O^^CY^, 2019, before me the undersigned, a Notary Public for
the State of Montana, personally appeared Tanner J. Skelton, whose name is subscribed to the within
instmment and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day,
month, and year in this certificate first above written.
(!
^A~''^\ BRm:ANYA PETERS
•3,'^^t^\ NJ3TARY PUBLIC for the
{ SEAL"; | oslArcOF MONTANA*' j
.*.
My Commission Expire
l^££^~ ~ Marchl7,202T-~ I
Not^rx^rt)li<j {brlHe
Prii^€d Notary Name
Residing at
State
Q.
of Montana-
, Montana.
My Commission expires: fuL?V^^- \'^f- ^?2 s
2504 W. Mendenhall Annexation Agreement 18
188
^-t^4^ ^ p^ep^^^
C!.£>r~n^) v( (^^iU'L-h
LANDOW
Vane^sa E. Skelt
On this \ day of \\\N0^^^- 2019, before me the undersigned, a Notary Public for
the State of Montana, personally appeared Vanessa E. Skelton, whose name is subscribed to the within
instrument and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
month, and year in this certificate first above written.
ixed my Official Seal on the day,
(SEAL)
;'^0-(A(t<^
I \SEAL !
.<^:-..^ .'^
BRTTTANY A PETERS
NOTARY PUBLIC for the
STATE OF MONTANA
Residing in Bozeman, Montana
MyCommissi
March 17.2023'
Notar^Pfiblic tbrtfie State ofMontans
Printed Notary Name '•ferTTf?'jl
Residing at /l7\^^
My Commission expires: ^\.Q^rC^A I'T-, '<
L , Montana.
2504 W. Mendenhall Annexation Agreement 19
189
Page 1 of 4
ORDINANCE NO. 2037
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 0.978 ACRES AS R-3, RESIDENTIAL MEDIUM DENSITY,
APPLICATION 19462.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map to establish a zoning classification of R-3 (Residential Medium Density)
for approximately 0.978 acres has been properly submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on January 7, 2020 to receive and review all written and oral testimony on the request for a zone
map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 19462 the 2504 W. Mendenhall Street Zone Map Amendment,
be approved as requested by the applicant; and
190
Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment
Page 2 of 4
WHEREAS, after proper notice, the City Commission held its public hearing on January
13, 2020, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the zoning district designation of the following-described property is hereby designated as
R-3, Residential Medium Density:
Lot 1, Simkins Subdivision, located in the NE ¼ of Section 11, Township 2
South, Range 5 East, P.M.M., Gallatin County, Montana, being 0.388 acres; and
The adjacent right of way for N. 25th
Avenue from the southern boundary of Lot
1, Simkins Subdivision to the northern edge of W. Mendenhall Street right of way
and the right of way of W. Mendenhall Street from the western boundary of Lot 1,
Simkins Subdivision to the current City boundary, being 0.59 acres.
.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 3
Savings Provision.
191
Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment
Page 3 of 4
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase, or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 13th
day of January, 2020.
192
Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment
Page 4 of 4
____________________________________
CHRIS MEHL
Mayor
ATTEST:
____________________________________
MIKE MAAS
Interim City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the __________
day of____________________, 2020.
_________________________________
CHRIS MEHL
Mayor
ATTEST:
_________________________________
MIKE MAAS
Interim City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
193
194
195
196
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
PROJECT INFORMATION
Project name:
Project type(s):
Description:
Street address:
Zip code:
Zoning:
Gross lot area:
Block frontage:
Number of buildings:
Type and Number of dwellings:
Non-residential building size(s):
(in stories)
Non-residential building height(s):
Number of parking spaces:
Afordable housing (Y/N):
Cash in lieu of parkland (Y/N):
VICINITY MAP
CITY USE ONLY
Submittal date:
Application fle number:
Planner:
DRC required (Y/N): Revision Date:
Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS 197
DEVELOPMENT REVIEW APPLICATION
1. PROPERTY OWNER
Name:
Full address (with zip code):
Phone:
Email:
2. APPLICANT
Name:
Full address (with zip code):
Phone:
Email:
3. REPRESENTATIVE
Name:
Full address (with zip code):
Phone:
Email:
4. SPECIAL DISTRICTS
Overlay District: Neighborhood Conservation None
Urban
Renewal District: Downtown North 7th Avenue Northeast North Park None
5. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if diferent) for all application types before the
submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms
and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development
approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may
be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject
site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true
and correct to the best of my (our) knowledge.
Certifcation of Completion and Compliance – I understand that conditions of approval may be applied to the application and that
I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with
municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved
fnal plan may result in delays of occupancy or costs to correct noncompliance.
continued on next page
Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS 198
DEVELOPMENT REVIEW APPLICATION
Applicant Signature:
Printed Name:
Owner Signature:
Printed Name:
Owner Signature:
Printed Name:
If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC.
Attach separate sheets for additional owner signatures.
6. APPLICATION TYPES
Check all that apply, use noted forms.
1. Pre-application Consultation
2. Master Site Plan
3. Site Plan
4. Subdivision pre-application
5. Subdivision preliminary plan
6. Subdivision fnal plan
7. Subdivision exemption
8. Condominium Review
9. PUD concept plan
10. PUD preliminary plan
11. PUD fnal plan
12. Annexation and Initial Zoning
13. Administrative Interpretation Appeal
14. Administrative Project Decision Appeal
. Commercial Non-residential COA
16. Historic Neighborhood
Conservation Overlay COA
17. Informal Review
18. Zoning Deviation/Departure
. Zoning or Subdivision Variance
. Conditional Use Permit
21. Special Temporary Use Permit
22. Special Use Permit
23. Regulated Activities in Wetlands
24. Zone Map Amendment (non-Annexation)
25. UDC Text Amendment
26. Growth Policy Amendment
27. Modifcation/Plan Amendment
. Extension of Approved Plan
. Reasonable Accommodation
30. Comprehensive Sign Plan
31. Other:
CONTACT US
FORM FORM
None INF
MSP None
SP 19 Z/SVAR
PA 20 CUP
PP STUP
FP SUP
SE WR
CR ZMA
PUDC ZTA
PUDP GPA
PUDFP MOD
ANNX 28 EXT
AIA 29 RA
APA CSP
15 CCOA
BOZEMAN
Community Development
MT n
N1
NOTICING MATERIALS
Notice is required for certain projects in order for citizens to participate in decision making which affects
their interests and provides opportunity to receive information pertinent to an application that would
not otherwise be available to the decision maker.
SITE
^
Kf
PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST MINOR
SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project
site, attached to this checklist.
Stamped, unsealed, plain [no return address] #10 envelopes preaddressed with the names and
addresses of the adjoining property owners.
MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project
site and not physically contiguous (touching a boundary] to the subdivision, attached to this
checklist. Clearly label list ADJOINER NOT CONTIGUOUS.
Stamped, unsealed, plain [no return address) #10 envelopes preaddressed with the names and
addresses of the adjoining property owners.
Legible list of full names and addresses of all property owners physically contiguous (touching
a boundary) including recorded purchasers under contract for deed to be sent certified mail
attached to this checklist. Clearly label list CONTIGUOUS.
Stamped, unsealed, plain (no return address] #10 envelopes preaddressed with the names and
addresses of the physically contiguous property owners including recorded purchasers under
contract for deed.
Two sets additional mailing labels with the names and addresses of the physically contiguous
property owners including recorded purchasers under contract for deed attached.
NOTICE
Current property owners of record can be found at the Gallatin County Clerk and Recorder's Office in
the Gallatin County Courthouse 311 West Main Street Bozeman, Montana.
CERTIFICATION
I, —^/_4j'?_'?-<C—_-?_^-€_/-^orN_————, hereby certify that, to the best of my knowledge, the
attached name and address list of all adjoining property owners [including a\\ condominium owners,
within 200 feet of the property located at _^_^0_^___t^__j/1^^_y_^!j______ _________ is a true
and accurate list from the last declared Gallatin County tax records. I further understand that an
inaccurate list mav delay review of the project.
D
D
a
D
/ ^.
=r-—_:_'^—_—:
S^girafuTe
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only]
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax406-582-2263
planning@bozeman.net
www.bozeman.net
Noticing Materials Page 1 of 1 Revision Date 03-07-18
Required Forms: N1 Recommended Forms: | Required Forms:
f
n
Addresses of all property owners within 200 feet of 2504 West Mendenhall.
1) Property address = 28 N. 25th Avenue, Bozeman, Montana 59718
Property owner = Gilhousen Philip Jason Irrev TR, PO Box 6626, Bozeman, MT 59771
2) Property address = 58 N. 25th Avenue, Bozeman, Montana 59718
Property owner = Sentinel Peak Real Estate LLC, PO Box 1754, Englewood, CO 80150
3) Property address = 54 N. 25th Avenue, Bozeman, Montana 59718
Property owner = NEECO Inc, 8508 Calico DR, Bozeman, MT 59718
4) Property address = 50 N. 25th Avenue, Bozeman, Montana 59718
Property owner = NEECO Inc, 8508 Calico DR, Bozeman, MT 59718
1^i ^/ --
. "'s
5) Property address = 46 N. 25th Avenue, Bozeman, Montana 59718
Property owner = ENTROPY317 LLC, 680 Walker Meadow RD, Whitefish, MT 59937
6) Property address = 42 N. 25th Avenue, Bozeman, Montana 59718
Property owner = Tessa Wermers, PO Box 6245, Bozeman, MT 59771
7) Property address = 43 N. 25th Avenue, Bozeman, Montana 59718
Property owner = Nathan Albrecht, 75 Boxwood Dr, Bozeman, MT 59718
8) Property address = 47 N. 25th Avenue, Bozeman, Montana 59718
Property owner = Nathan Albrecht, 75 Boxwood Dr, Bozeman, MT 59718
D -OCT3l20wjy|
'DEPARTMEt^T Of ^
COMMUNlMEVEfflffffU
9) Property address = 51 N. 25th Avenue, Bozeman, Montana 59718
Property owner = Clyde Scott Lankford, 2028 5th Ave SW, Great Falls, MT 59404
10) Property address = 54 N. 25th Avenue, Bozeman, Montana 59718
Property owner = Raymond and Virgina Guthrie, PO Box 699, Absarokee, MT 59001
11) Property address = 59 N. 25th Avenue, Bozeman, Montana 59718
Property owner = 4 Evergreen LLC, 5244 Cimmeron Dr, Bozeman, MT 59715
12) Property address =12 N. Western DR, Bozeman, Montana 59718
Property owner = Alan and Karen Leech, 12 N. Western Dr, Bozeman, MT 59718
13) Property address =16 N. Western DR, Bozeman, Montana 59718
Property owner = Mitchell Kubic, 16 N. Western DR, Bozeman, MT 59718
14) Property address =24 N. Western DR, Bozeman, Montana 59718
Property owner = Philip and Marlene Mazuranich, 24 N. Western Dr, Bozeman, MT 59718
15) Property address =28 N. Western DR, Bozeman, Montana 59718
201
n n
Property owner = Cameron and Shawn Tulloch, 28 N. Western DR, Bozeman, MT 59718
16) Property address =108 N. Western DR, Bozeman, Montana 59718
Property owner =Curtis and Erica Hofer, 108 N. Western DR, Bozeman, MT 59718
17) Property address =120 N. Western DR, Bozeman, Montana 59718
Property owner = Alanna and Garrett Rhinard, 120 N. Western DR, Bozeman, MT 59718
18) Property address =204 N. Western DR, Bozeman, Montana 59718
Property owner = Adam David and Kahla Nichole Shaw, 204 N. Western DR, Bozeman, MT 59718
19) Property address =2502 W. Mendenhall, Bozeman, Montana 59718
Property owner =Mark Mcalpine, 2502 W. Mendenhall St, Bozeman, MT 59718
20) Property address =117 N. 25th Ave, Bozeman, Montana 59718
Property owner = Sam Buxton, 117 N. 25th Ave, Bozeman, MT 59718
21) Property address =121 N. 25th Ave, Bozeman, Montana 59718
Property owner = Nancy Jo Logan, 121 N. 25th Ave, Bozeman, MT 59718
22) Property address =132 N. 25th Ave, Bozeman, Montana 59718
Property owner = Donald Baldridge and Eva Baldridge, 1547 Hunters Way APT 315, Bozeman,
MT 59718
23) Property address =134 N. 25th Ave, Bozeman, Montana 59718
Property owner = JLG Creek LLC, PO Box 5221, Bozeman, MT 59717
202
Zone Map Amendment
2504 West Mendenhal
Recently, the septic tank at my residence caved in and is highly compromised. My family is requesting
that our residence tie into the city waste line. We are not requesting any other utilities be tied into the
city at this time. This is an emergency situation and we need to connect to the City of Bozeman’s
sewer/waste line immediately. We are also applying for a Renewable Resource Grant to Private Entities,
through Montana DNRC.
We have maintained our current septic system to the best of our ability. We had the tank pumped
immediately after we moved in. We are able to afford tapping into the city system, but it completely
exhausts our resources. We appreciate all of the help that the City of Bozeman and Gallatin County has
provided. It means a lot to our family.
Upon tying into the city septic system, we are requesting a zoning of R3. Most of the property to the
east and northeast of our house is currently zoned R3 and some property to the south. Our
neighborhood has large lots and R3 zoning would help with the city’s urban growth plan.
A) A zoning of R3 would very much align with the city’s growth policy, because it would allow for
more infill housing in the city limits and the potential for more affordable housing for future
developments. It would also align with the city’s sustainable goals. A single use septic system
can cause water and environmental hazards. By allowing us to connect to the city sewer
infrastructure, it would reduce water pollution for the valley.
B) The new zoning would also allow us to secure safety from fire and other dangers. Considering
the location of our residence, it’s much better served by the City of Bozeman fire and police
department. Currently they serve community surrounding our property and the shift to serve
our lot would be an easy transition.
C) Being zoned R3 would promote public health and safety in a few different ways. It would
provide more neighborhood density, allow more eyes in the area and more relationships being
developed in the community. More residences also means more tax dollars to the city to use for
safety and health.
D) Currently, my family uses the Bozeman public school system. This zoning would provide more
tax dollars for the school system and other infrastructure elements.
E) The proposed zoning of R3 would allow for light and air. We would be restricted on any future
building heights and lot coverage similar to most of our adjacent neighbors.
F) R3 zoning would have a positive effect on motorized and non-motorized transportation. It
would provide more tax dollars with minimal increases in usage.
G) The zoning of R3 would be the epidemy of promoting urban growth. It would provide the
potential for added residential units, that are much needed for the City of Bozeman. Density
within the heart of the city would reduce urban sprawl.
203
H) The zoning of R3 would help the character of the district, as many adjacent houses are
multifamily. Our lot also has mature landscaping that would help enhance the overall area.
204
SIDE YARD SETBACK
5' - 0"
FRONT YARD SETBACK
25' - 0"
REAR YARD SETBACK
12' - 0"
CORNER YARD SETBACK
25' - 0"
25TH STREET
MENDENHALL
EXISTING WELL
EXISTING
SEPTIC TANK
TO BE
ABANDONED
MIN. DRAIN FIELD SETBACK
5' - 0"
MAX. DRAINFIELD SETBACK
17' - 0"
EST. UTILITY EASEMENT
15' - 0"
ESTIMATED DRAIN FIELD
TO BE ABANDONED
NO SURVEY OR ASBUILT FIELD MEASUREMENTS HAVE BEEN DONE. ALL DIMENSIONS ARE
ESTIMATES BASED ON GIS MAPS, FIELD PHOTOS, AND GOOGLE EARTH IMAGES.
HOUSE
FOOTPRINT
EXISTING SEPTIC
LINE, TO BE
ABANDONED
NEW PROPOSED SEPTIC
LINE, GRAVITY FED IF
POSSIBLE, PROVIDE LIFT IF
NEEDED
R.O.W.
60' - 0"
R.O.W.
60' - 0"
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
NEW PROPOSED SEPTIC
CONNECTION
EXISTING CITY SEWER MAIN
2504 W. MENDENHALL
ESTIMATED PROPERTY LINE
.388 ACRES
LEGAL DESCRIPTION:
SIMKINS SUB, S11, T02 S, R05 E, LOT 1, N2E2W2SW4NE4 PLAT F-32
S S S S S S S S S S
S
S
S
S
S W
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
EXISTING OVERHEAD
POWER LINE
G
G
G
G
G
G
G
G
G
G
G
G
EXISTING ESTIMATED GAS LINE
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
S S S S
W W W W W W
2504 W. MENDENHALL
10-30-2019
1" = 20'-0"
SITE PLAN - ARCHITECTURAL
1 N
ANNEXATION MAP
205
200
NCOA
Alfred M. Stif Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406.582.2260
fax 406.582.2263
planning@bozeman.net
www.bozeman.net
Development Review Application A1 Page 3 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS 199