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19468 Staff Report for the Bozeman Cohousing Annexation and Zone Map
Amendment
Public Hearing Dates:
Zoning Commission meeting is on Tuesday, January 21, 2020.
City Commission meeting is on Monday, February 3, 2020.
Project Description: Annexation 19468 requesting annexation of two tracts totaling 5.3 acres
and amendment 19468 of the City Zoning Map for the establishment of a zoning
designation of R-3, Residential Medium Density District.
Project Location: The properties are located at 3120 Wagon Wheel Road, Bozeman, MT, 59718
and may be legally described as Tract B of C.O.S. 526, being 0.975 acres located in Section
19, Township 2 South, Range 6 East, Gallatin County, Montana, and the tract shown on
Page 371, Book 153 records of the Gallatin County Clerk and Recorder.
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 19468 and move to
recommend approval of the Bozeman Cohousing 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 19468 and move
to approve the Bozeman Cohousing Annexation with recommended terms of
annexation, and direct staff to prepare an annexation agreement for signature by the
parties.
Recommended City Commission Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 19468 and move to
approve the Bozeman Cohousing Zone Map Amendment, with contingencies required
to complete the application processing.
Report: January 10, 2020
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
The applicant, Katherine Dayton, seeks to annex two parcels of land totaling approximately
5.3 acres into the city limits and establish initial zoning of R-3 “Residential Medium Density
District.” The property abuts land within the City to the east, south, and west. The property
is currently zoned “Residential Suburban District” (R-S) within the county. Nearby zoning
includes county “Residential Suburban District” (R-S) to the north, city “Residential Single-
Household Low Density District” (R-1) to the west, south, and east, and R-3 adjacent to the
northwest portion of the property. The future land use map in the Bozeman Community Plan
designates the property and surrounding area as “Residential,” which coincides with the R-3
district.
A single-household residence and two outbuildings are on the subject property currently.
Residential land uses are adjacent to the property in all directions, with a subdivision common
area/open space to the east, and an assisted living facility to the east/northeast.
Alternatives
1. Approve the application with the recommended contingencies;
2. Approve the application with modifications to the recommended contingencies;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 7
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 9
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10
Annexation .............................................................................................................................. 10
Zone Map Amendment ........................................................................................................... 10
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 11
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 17
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 23
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 23
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 24
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 24
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 25
FISCAL EFFECTS ................................................................................................................. 26
ATTACHMENTS ................................................................................................................... 26
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SECTION 1 - MAP SERIES
Figure 1: Vicinity Map
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Figure 2: The applicant’s annexation map showing existing land uses in color and zoning
designations as indicated in the legend
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Figure 3: Aerial photo of the subject property (outlined in red) and vicinity
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SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended. They enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. The documents and exhibits to complete the annexation must be identified as the
“Bozeman Cohousing Annexation”.
2. An Annexation Map, titled “Bozeman Cohousing Annexation Map”, must be supplied
on: 1) a mylar for City records (either 18" by 24" or 24” by 36” size); 2) a reduced 8
½" x 11" or 8 ½” by 14" exhibit suitable for filing at the County Clerk & Recorder; 3)
an editable digital copy for the City Engineer’s Office; and 4) a PDF. This map must
be acceptable to the City Engineer’s Office and must be submitted within 60 days of
the action to approve the zone map amendment. Said map shall contain a metes and
bounds legal description of the perimeter of the subject property including adjacent
rights-of-way or street easements, and total acreage of the property to be rezoned;
unless the property to be rezoned can be entirely described by reference to existing
platted properties or certificates of survey.
3. The land owners and their successors must pay water and sewer impact fees at the time
of connection; and for future development, as required by Chapter 2, Bozeman
Municipal Code, or as amended at the time of application for any permit listed therein.
4. The Annexation Agreement must include notice that the applicant must connect to
municipal services and will be responsible for installing any facilities required to
provide full municipal services to the property in accordance with city policy at the
time of connection.
5. The applicant must properly abandon the existing on-site septic tank and leach field
prior to connection to the City sanitary sewer system. Connection must occur prior to
or concurrently with further development of the property. The applicant must report the
abandonment to the City Water and Sewer Division for inspection, and the applicant
must report the abandonment to the Gallatin City-County Health Department. In
addition to abandonment of the septic tank and leach field, the applicant must
demonstrate that the sanitary sewer service to the septic tank has been completely
disconnected from the old septic system prior to connection not the City‘s sanitary
sewer system.
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6. The applicant must completely disconnect the on-site well from the house prior to
connection to the City water system to protect the City’s potable water system from
cross contamination. The applicant must contact the City Water and Sewer Division
to inspect the well disconnection prior to connection not the City’s potable water
system.
7. 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 special
district or S.I.D.s for a City-wide Park Maintenance District, which would provide a
mechanism for the fair and equitable assessment of maintenance costs for City parks
as part of the Annexation Agreement.
8. 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. 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
(SIDs) or special districts for the following if they do not already exist:
a) Street improvements to Wagonwheel Road including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
b) Street improvements to S. 3rd Avenue including lighting, signalization,
paving, curb/gutter, sidewalk, and storm drainage.
The wavier filed in conjunction with the annexation must specify that in the event a
SID is not utilized for the completion of these improvements, the applicant agrees to
participate in an alternate financing method for the completion of said improvements
on a fair share, proportionate basis as determined by square footage of property, taxable
valuation of the property, traffic contribution from the development, or a combination
thereof.
8. 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.
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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.
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 that 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.
i. All procedural terms necessary to establish the Annexation Agreement in
conformance with state law and municipal practice will be included with the
final Annexation Agreement.
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies apply only if the related annexation request is
approved.
Recommended Contingencies of Approval:
1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the Annexation Agreement is not approved, the Zone Map Amendment application is null and void.
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2. All documents and exhibits needed to establish an initial municipal zoning designation must be identified as the “Bozeman Cohousing Zone Map Amendment”.
3. The applicant must submit a zone amendment map, titled “Bozeman Cohousing Zone Map Amendment.” The map must be supplied on: 1) a mylar for City records (either
18" by 24" or 24” by 36” size); 2) a reduced 8 ½" x 11" or 8 ½” by 14" exhibit suitable
for filing at the County Clerk & Recorder; 3) an editable digital copy for the City Engineer’s Office; and 4) a PDF. This map must be acceptable to the City Engineer’s Office and submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the
subject property including to the centerline of adjacent rights-of-way for Wagonwheel
Road, and total acreage of the property to be rezoned.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
The Development Review Committee (DRC) recommends approval of the requested
annexation.
The City Commission will hold a public hearing on the annexation on Monday, February 3,
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 Bozeman Cohousing Zone Map Amendment (ZMA) is in
conjunction with an annexation request. Staff’s recommendation and staff responses rely
on approval of the annexation, application 19468.
The DRC considered the amendment and did not identify any infrastructure or regulatory
constraints that would impede the approval of the application.
The Zoning Commission will hold a public hearing on the ZMA on Tuesday, January 21, 2020
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 Monday,
February 3, 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
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 5076 Criteria
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the City.
The property in question is contiguous to the City limits on the east, west, and south sides and
a portion of the north side of the property. The property is part of a larger area wholly
surrounded by the City.
Goal 2: The City encourages all areas that are totally surrounded by the City to
annex.
The subject property is part of a larger area totally surrounded by the City.
Goal 3: The City encourages all properties currently contracting with the City for
City services such as water, sanitary sewer, and/or fire protection to annex.
The subject property is not currently contracting with the City for water, sewer, or fire
protection services. Any future development would require municipal water and sewer
services.
Goal 4: The City of Bozeman requires annexation of all land proposed for
development lying within the existing and planned service area of the municipal water
and sewer systems as depicted in their respective facility plans, any land proposed for
development that proposes to utilize municipal water or sewer systems.
The subject property is located within the service boundary of the existing sewer system with
existing lines in the Wagonwheel Road right-of-way to the west of the property. The property
is also located in the urban growth area of the Bozeman Growth Policy. The intent of the
annexation is to access municipal services to support proposed development as housing.
Goal 5: The City encourages annexations within the urban area identified on the
future land use map in the current Bozeman Growth Policy.
The subject property is within the urban area on the future land use map. The land is
designated for residential uses.
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Goal 6: The City of Bozeman encourages annexations to make the City boundaries
more regular rather than creating irregular extensions which leave unannexed gaps
between annexed areas or islands of annexed or unannexed land.
The subject property is part of an unannexed island. Annexation will make City
boundaries more regular.
Goal 7: The City of Bozeman encourages annexations which will enhance the
existing traffic circulation system or provide for circulation systems that do not exist at
the present time.
The subject property is presently served with City streets. Development of this property will
require internal circulation but is unlikely to change the overall street networks.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in
size, but will allow annexation of smaller parcels if factors such as topographic
limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc.,
justify a smaller annexation.
The subject property is larger than five acres.
Goal 9: The City seeks to obtain water rights adequate for future development of
the property with annexation.
The terms of annexation require water rights to be provided.
Goal 10: The City of Bozeman encourages annexations for City provision of clean
treated water and sanitary sewer.
Annexation of the property will enable connection to municipal services and will enable
removal of an existing septic system.
Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm
or sewer mains, and Class I public trails not within the right of way for arterial or
collector streets. Annexations must also include waivers of right to protest the creation
of special or improvement districts necessary to provide the essential services for future
development of the City.
The Recommended Terms of Annexation include requirements to dedicate all easements,
rights-of-way for streets, water rights, and waivers of right-to-protest against the creation of
improvement districts necessary to provide the essential services for future development of the
City.
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Policy 2: Issues pertaining to master planning and zoning must be addressed prior
to or in conjunction with the application for annexation.
Initial municipal zoning is being processed simultaneously with annexation.
Policy 3. The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
The Future Land Use Map of the Bozeman Community Plan (growth policy) designates the
subject property as “Residential.” The proposed initial zoning of R-3 is a proper implementing
district of the “Residential” category. No change to the growth policy is needed.
Policy 4. Initial zoning classification of the property to be annexed will be determined by
the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
The applicant has applied for a ZMA as the subject property is currently under the zoning
jurisdiction of Gallatin County (zoned R-S - “Residential Suburban”). The applicant is seeking
an initial municipal zoning designation of R-3 “Residential Medium Density.” The Zone Map
Amendment application is concurrent with the annexation request. The amendment complies
with the Bozeman Growth Policy. The Zoning Commission recommendation will be made
before action by the City Commission.
Policy 5. The applicant must indicate their preferred zoning classification as part of the
annexation petition.
The applicant has indicated a preference for a zoning designation of R-3, “Residential Medium
Density”.
Policy 6: Fees for annexation processing will be established by the City Commission.
The appropriate application processing and review fees accompanied the application.
Policy 7: It is the 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 unless
the landowner proposes a method to provide for construction of the road to the City’s
street standards.
Access to the property is from Wagonwheel Road, a paved local street. The property does not
rely on unpaved county roads.
Note: The annexation and the placement of a zoning district designation on the property by the
City does not guarantee available services. Section 38.07.010.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
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are generally acceptable in that location. It is not a guarantee of approval for any given use
prior to the completion of the appropriate review procedure and compliance with all of the
applicable requirements and development standards of this chapter and other applicable
policies, laws and ordinances. It is also not a guarantee of immediate infrastructure
availability or a commitment on the part of the city to bear the cost of extending services.”
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
The property owner will provide usable water rights, or cash in-lieu of water rights, in an
amount to be determined by the Director of Public Works, as outlined by Section 38.410.130
of the municipal code. The calculated amount will be determined by the Director of Public
Works and based on the zoning designation approved by the City Commission. This will be
addressed during annexation agreement development. The need for additional water rights
will be evaluated during review of any proposed development.
Policy 9: Infrastructure and emergency services for an area proposed for annexation will
be reviewed for the health, safety and welfare of the public and conformance with the
City’s adopted facility plans. If the City determines adequate services cannot be provided
to ensure public health, safety and welfare, the City may require the property owner to
provide a written plan for accommodation of these services, or the City may reject the
petition for annexation. Additionally, the parcel to be annexed may only be provided
sanitary sewer service via the applicable drainage basin defined in the City Wastewater
Collection Facilities Plan.
City infrastructure and emergency services are available to the subject property, or will be
upon completion of the annexation per the recommended contingencies and terms. An 8-inch
water line and 8-inch sewer main are in the right-of-way of Wagonwheel Road along the
western boundary of the southern parcel. Future connections to municipal sanitary sewer and
water systems are intended. The property is currently served by the Hyalite Fire District, but
with annexation becomes part of the service area of the Bozeman Fire Department.
Recommended Terms of Annexation include provisions that the applicant will be responsible
for installing facilities required to provide full municipal services to the property in accordance
with City policy at the time of connection. Required municipal services will not unduly impact
current City and surrounding area residents and landowners. New development mitigates its
impacts by complying with development standards and paying associated taxes and fees.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of the
City limits is required as a condition of initiating or continuing such service, to consent
to annexation of the property serviced by the City. The City Manager may enter into an
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agreement with a property owner for connection to the City’s sanitary sewer or water
system in an emergency conditioned upon the submittal by the property owner of a
petition for annexation and filing of a notice of consent to annexation with the Gallatin
County Clerk and Recorder’s Office. The contract for connection to city sewer and/or
water must require the property owner to annex or consent to disconnection of the
services. Connection for purposes of obtaining City sewer services in an emergency
requires, when feasible as determined by the City, the connection to City water services.
No water or sewer service is provided to the property at this time. City services will be
necessary and appropriate to serve future development, which this annexation and initial
zoning help facilitate.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Mapping to meet the requirements of the Director of Public Works must be provided with the
Annexation Agreement. Typically, this includes an 18-inch by 24-inch mylar map, a reduced
8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes and
bounds legal description of said property. Mapping requirements are addressed in the
Recommended Terms of Annexation.
Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
No impact fees are due with the annexation. The applicant will be required to pay all impact
fees at the time of connection for any future development as noted in Recommended Terms of
Annexation. Standard language addressing this policy has been developed by the City Attorney
for inclusion with all annexation agreements.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing were sent, published, and posted as set forth under this policy.
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Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
This policy is applicable and will be implemented after the Commission acts on preliminary
approval or denial of this application.
Policy 15: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions. (MCA Title 7, Chapter 2, Part
46, ‘Annexation by Petition’)
Policy 16: Where a road improvement district has been created, the annexation does not
repeal the creation of the district. The City will not assume operations of the district until
the entirety of the district has been annexed. Any funds held in trust for the district will
be used to benefit the district after transfer to the City. Inclusion within a district does
not lessen the obligation to participate in general city programs that address the same
subject.
Wagonwheel Road is maintained with RID 326. Annexation of the property does not remove
its obligations to participate in RID 326.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
The necessary agencies were notified and provided copies of the application materials. Hyalite
Fire District is presently providing service to this area.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses must
be supplied from the City water distribution system and any wells disconnected from
structures. The property owner must contact the City Water and Sewer Superintendent
to verify disconnects of wells and septic systems.
The terms of annexation address this policy. The existing septic system will be properly
abandoned and municipal water and sewer services extended prior to or concurrent with
development. Until future development, the existing septic and well may be used.
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SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
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 Future Land Use Map of the Bozeman Community Plan (growth policy) designates
the subject property as “Residential.” The proposed R-3 zoning designation is an
implementing district of the “Residential” future land use category. The proposed zone map
amendment advances multiple objectives of the growth policy:
Land Use Objective 1.4: “Provide for and support infill development and redevelopment
which provides additional density of use while respecting the context of the existing
development which surrounds it. Respect for context does not automatically prohibit
difference in scale or design.”
The property meets the definition of infill from the Bozeman Community Plan. “Infill. The
development or redevelopment of vacant, abandoned, or under utilized properties which
are within developed areas of the City, and where water, sewer, streets, and fire protection
have already been developed and are provided. Annexed areas located on the periphery of
the City limits shall generally not be considered infill sites.” The property is within the
City, not on the periphery. Municipal services are adjacent to the property. The property is
underutilized for a parcel within the City with access to water and sewer services.
Objective LU-2.3: “Encourage redevelopment and intensification, especially with mixed
uses, of brownfields and underutilized property within the City consistent with the City’s
adopted standards. Using this approach rehabilitate corridor based commercial uses into a
pattern more supportive of the principles supported by commercial centers.”
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Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in type,
density, cost, and location with an emphasis on maintaining neighborhood character and
stability.
Rationale: A community needs a variety of housing stock to accommodate the diversity in
personal circumstances and preferences of its population. The type of housing required
may be different throughout a person’s life. A healthy community has a wide range of
citizens with differing age, education, economic condition, and other factors. Stable
neighborhoods encourage reinvestment, both financial and emotional that strengthens and
builds the community.
The proposed amendment is adjacent to two zoning districts R-1 and R-3. The site is
adjacent to a planned unit development that has added R-3 uses to an R-1 area. The
placement of R-3 will provide for an increase in diversity in the area while being
compatible with existing uses.
Housing Objective 1.1: “Encourage and support the creation of a broad range of housing
types in proximity to services and transportation options.”
Housing Objective 1.3 “Promote the provision of a wide variety of housing types in a range
of costs to meet the diverse residential needs of Bozeman residents.”
Housing Objective 2.1 “Encourage socially and economically diverse neighborhoods.”
Housing Objective 3.3 “Promote the development of a wide variety of housing types,
designs, and costs to meet the wide range of residential needs of Bozeman residents.”
No conflicts with the growth policy were identified. Therefore, the application meets this
criterion.
B. Secure safety from fire and other dangers.
Yes. The R-3 zoning, along with annexation into the City and future payment of impact fees,
will allow for municipal fire and police protection and adequate transportation services for
current and future residents that will help to secure the property from fire and other dangers.
The property is located 2.6 miles from the Bozeman Fire Department Station #1 and 3.0 miles
from Station #2, and is adjacent to developments currently served by the Bozeman Fire
Department.
After annexation is completed, development is subject to municipal standards adequate to
address this criteria.
C. Promote public health, public safety, and general welfare.
Yes. The proposed zoning designation will promote general welfare by implementing the
future land use map in the Bozeman Community Plan. Any future development of the site will
be required to comply with the City’s Unified Development Code that will ensure the
promotion of public health, safety, and general welfare. Public health and safety will be
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positively affected by requiring new development to connect to municipal sanitary sewer and
water systems, which are regularly monitored and tested to ensure proper function and safety.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. Public transportation, water, sewerage, schools, parks and other public requirements are
available and will be provided to serve future development of the property. The property has
access from Wagonwheel Road. City water and sewer lines are located within the right-of-way
for Wagonwheel Road. Additionally, the application states the subject property is 0.7 miles
from Morning Star Elementary School, 0.6 miles from Sacajawea Middle School, adjacent to
the Main Street to Mountains trail system and 0.3 miles from Graf Park, which place the
property in close proximity to schools and recreational opportunities.
E. Reasonable provision of adequate light and air.
Yes. The R-3 zoning designation has requirements for structural setbacks, height, and lot
coverage, which provide for the reasonable provision of adequate light and air. Any future
development of the property will be required to conform to building requirements and City
standards for setbacks, height, lot coverage, and buffering which ensure that residents have an
adequate amount of light and air.
F. The effect on motorized and non-motorized transportation systems.
Neutral. Additional residential development permitted under the R-3 designation is likely to
result in increased trips along Wagonwheel Road and other streets, sidewalks, and trails.
However, with a relatively small area of ±5.3 acres, it is unlikely that any development allowed
by the Municipal Code and R-3 district would be intensive enough to cause major negative
effects on the motorized or non-motorized transportation systems. Further, the recommended
contingencies and City’s development approval processes, for example waiver of the right to
protect special improvement districts related to transportation, are expected to sufficiently
address impacted transportation systems as a result of the ZMA.
Traffic counts have not been taken for Wagonwheel Road. Wagonwheel Road is a local street.
The 2017 Transportation Plan, Figure 2.9 indicates there is remaining capacity in both Graf
Street and South 3rd Avenue. Capacity expansion to the transportation network, such as
upgraded intersection at Graf and S. 3rd that is presently underway, will mitigate impact on the
larger transportation network. Future development supports opportunity to expand the
pedestrian network through installation of sidewalks. This improves the non-motorized
transportation system.
G. Promotion of compatible urban growth.
Yes. The growth policy supports infill development on underutilized properties and providing
a variety of housing options to meet the needs of residents. The proposed R-3 zoning
designation will enable urban residential density development, providing additional housing
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options to meet Bozeman’s demand. The property is surrounded by City limits and is well-
served by the City’s transportation and utility networks.
The proposed R-3 designation allows for increased density. The City has adopted extensive
standards in Chapter 38 of the municipal code to identify and mitigate impacts of adjacent
development. Future development under the R-3 district is primarily residential. Review
processes and adopted standards provide assurance that the district is thus compatible with
surrounding residential uses at an appropriate scale. See also Criterion H.
H. Character of the district.
Yes. Section 76-2-302, MCA says “…legislative body may divide the municipality into
districts of the number, shape, and area as are considered best suited to carry out the purposes
[promoting health, safety, morals, or the general welfare of the community] of this part.”
Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of either the R-1 or R-3 districts. The character of the
districts as created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. To date, the City of Bozeman has not defined a specific area outside of the area
itself to be rezoned for consideration of this criterion. A review of the existing uses within a
quarter mile radius of the amendment site shows a mix of uses including parks, detached
individual homes, two-household buildings, townhome clusters, a community residential
facility, an apartment building, a golf course, and a community center (church). Looking out
to a half mile adds two schools to the mix of uses. The majority of the area within a quarter
mile is used for residences; single household residences being the most common use.
There are two City of Bozeman zoning districts adjacent to the amendment site, R-1 and R-3.
The site is also adjacent to the Residential Suburban district in the Gallatin County Bozeman
Area Zoning.
The proposed R-3 zoning maintains the predominant residential character of the area. An
adjacent property to the northwest is already zoned R-3. A large adjacent tract to the northeast
zoned as R-1 is developed as a community residential facility, an R-3 use, through the Spring
Meadows PUD. The two districts have the same minimum building setback requirements, have
similar minimum lot sizes, and the same parking and parkland requirements. Uses between the
two districts are similar. The two districts share 28 authorized uses. The R-3 district adds six
uses not allowed in R-1 and the R-1 has one use (golf courses) not allowed in R-3. This zone
change would expand the R-3 zone to result in a larger area suitable for residential
development, as indicated in the growth policy. The City’s R-1 district continues to abut the
property to the west, south, and east.
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The City has defined compatible development as “The use of land and the construction and
use of structures which is in harmony with adjoining development, existing neighborhoods,
and the goals and objectives of the city's adopted growth policy. Elements of compatible
development include, but are not limited to, variety of architectural design; rhythm of
architectural elements; scale; intensity; materials; building siting; lot and building size; hours
of operation; and integration with existing community systems including water and sewer
services, natural elements in the area, motorized and non-motorized transportation, and open
spaces and parks. Compatible development does not require uniformity or monotony of
architectural or site design, density or use.”
The City has adopted many standards to identify and mitigate demonstrable negative impacts
of development. These will support the ability of future development in R-3 to be compatible
with adjacent development and uphold the residential character of the area.
I. Peculiar suitability for particular uses.
Yes. The property is located in an area planned for residential development of varying
densities. The proposed R-3 designation would allow for a higher density residential
development than the existing county R-S zoning. The proposed R-3 zoning is suitable for the
site given the surrounding existing residential development and access to city services and
facilities. Any future development will be reviewed against the provisions of the R-3 zoning
district.
J. Conserving the value of buildings.
Yes. The property is currently used for a suburban homesite that includes a residence and two
accessory buildings. The future use of the existing buildings is not clear at this time. Residential
uses surround the property. New or expanded residential structures at the site will be required
to meet setback and other protective requirements set forth in the Bozeman Municipal Code,
which will help alleviate potential negative impacts to the value of surrounding buildings. As
described in earlier criteria, the proposed zoning is compatible with existing buildings on
adjacent properties and does not create any non-conformities to the buildings existing on the
site. Therefore, this criterion is met.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed R-3 zoning designation will encourage the most appropriate use of land as
the growth policy designates the property as “Residential,” which the proposed R-3 designation
will implement. The proposed R-3 designation will allow for higher residential densities on
an underutilized lot in a growing area of the City. The City is in need of additional housing to
accommodate current and projected demand. An initial zoning designation of R-3 will provide
greater flexibility in providing housing options to meet this demand.
Spot Zoning Criteria
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Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in the area?
No. Residential development surrounds the property in all directions with a mix from
single-household dwellings to an assisted living facility. Future development of the site
in compliance with the proposed R-3 designation would provide for residential
development similar to the prevailing residential land uses in the area. As described in
Criterion H and others above, the uses are similar in the majority as the prevailing land
uses in the area. Section 38.310.030, BMC lists the allowed uses in both districts.
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 requested by one landowner/applicant
and applies to two lots totaling 5.3 acres. The zoning request is a necessary part of an
annexation, which has been initiated by the landowners and applicant.
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 are identified due to this amendment. When looking at the
City as a whole, Bozeman is in need of additional housing to meet increased demand
for a variety of housing options. The proposed R-3 zoning designation would allow
for more housing options in a growing area of the City, which benefits the general
public.
As discussed in Criterion A, the application is consistent with the growth policy. The
growth policy is the overall land use policy for the City. Consistency with the growth
policy demonstrates benefit to the general public.
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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.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The applicant, Katherine Dayton, seeks to annex two parcels of land totaling approximately
5.3 acres into the City limits and establish initial zoning of R-3, “Residential Medium Density
District.” The property is currently zoned “Residential Suburban District” (R-S) within the
county. Nearby zoning includes county “Residential Suburban District” (R-S) to the north,
city “Residential Single-Household Low Density District” (R-1) to the west, south, and east,
and R-3 to the northwest of the property. The future land use map in the Bozeman Community
Plan designates the property and surrounding area as “Residential.” R-3 is an implementing
district that coincides with the Residential growth policy designation.
The subject property is currently developed with a single household dwelling and out-
buildings. The property is immediately surrounded by residential land uses in all directions,
with a subdivision common area/open space also to the east, and an assisted living facility to
the east/northeast.
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An 8-inch city water line and 8-inch municipal sewer main are in the right-of-way of
Wagonwheel Road along the western boundary of the southern parcel. Currently, there is an
existing well and septic system for the residence on the property. The property is accessed
from Wagonwheel Road, which is a paved local city street. The property is located in a larger
area completely surrounded on all sides by residential development within the City boundary.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on January 3, 2020 to all owners of property inside the
proposed change and within 200 feet of the perimeter of the change. The project site was posted
as required. Notice was published in the Legal Ads section of the Bozeman Daily Chronicle
on January 5 and 12, 2020. The Zoning Commission public hearing is scheduled for January
21, 2020 and the City Commission public hearing is scheduled for February 3, 2020.
One public comment has been received and is attached to 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 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.”
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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”.
Table C-16 Zoning Correlation With Land Use Categories
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owners: Gerald D. Robertson and Marilyn M. Robertson, 1201 Highland Blvd Apt A212,
Bozeman, MT 59715, OR 3120 Wagon Wheel Rd., Bozeman, MT 59715
Applicant: Katherine Dayton, 1214 E. Curtiss St., Bozeman, MT 59715
Representative: Erik Bonnett, 914 W. Babcock St., Bozeman, MT 59715
Report By: Chris Saunders, Community Development Manager
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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.
• Bozeman Cohousing Annexation and Zone Map Amendment application materials.
• Public comment to date