HomeMy WebLinkAbout02-03-20 City Commission Packet Materials - A1. Bozeman Cohousing Annex. and Zone Map Amendment App. 194681
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager
Martin Matsen, Director of Community Development
SUBJECT: The Bozeman Cohousing Annexation and Zone Map Amendment to annex and
designate approximately 5.3 acres to R-3, Residential Medium Density District,
Application 19468.
MEETING DATE: February 3, 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 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 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.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Approve as requested
2) Request additional information and continue to a date certain.
3) Deny the application
FISCAL EFFECTS: None
Attachments: Staff report
Application materials
Public comment
Report compiled on January 23, 2020
Commission Memorandum
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19468 Staff Report for the Bozeman Cohousing Annexation and Zone Map
Amendment
Public Hearing Dates:
Zoning Commission meeting was 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 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 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.
Zoning Commission
Zoning Commission conducted their public hearing on January 21st
and recommends
approval of the application. The video recording of the public hearing is available at
https://media.avcaptureall.com/session.html?sessionid=78fc7956-cd46-46f1-942f-
8b509c70bcb4&prefilter=654,3835. .
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
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 ......................................................... 24
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 25
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 25
APPENDIX C - PROJECT GROWTH POLICY ................................................................... 26
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 27
FISCAL EFFECTS ................................................................................................................. 27
ATTACHMENTS ................................................................................................................... 28
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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 held a public hearing on the ZMA on Tuesday, January 21, 2020 and
recommends approval 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. In determining whether the criteria are met, Staff
considers the entire body of regulations for land development. Standards which prevent or
mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
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. 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.
“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.”
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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.”
The property is underutilized. Municipal water and sewer are adjacent to the site and
support an urban zoning designation. All municipal residential zoning districts have a
minimum homes per acre standard that is higher than what is presently on the site. R-1 and
R-3 have the same minimum standard of five homes per net acre. Any future development
must conform to municipal standards.
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.
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.”
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 enables an increase in housing diversity in the area while being
compatible with existing uses. Uses allowed in R-3 such as townhomes provide a less
expensive ownership option. Both districts allow for single detached homes. See also
Criterion H for discussion on compatibility.
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
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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
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. The City conducts extensive planning for municipal transportation, water, sewer, parks,
and other facilities and services provided by the City. The adopted plans allow the City to
consider existing conditions and identify enhancements needed to provide additional service
needed by new development. The City implements these plans through its capital
improvements program that identifies individual projects, project construction scheduling, and
financing of construction.
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.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
38.300.020.C, “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
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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.”
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. New development is subject to park dedication requirements.
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 and planned to be bid in
February, will mitigate impact on the larger transportation network. The 2017 Transportation
Plan looks out to 2040 and considers the capacity of the transportation network with additional
development. Chapter 3 of the plan describes this process. Figure 3.1 shows additional capacity
occurring even with additional development as new links in the transportation system become
active.
The future development supports opportunity to expand the pedestrian network through
installation of sidewalks. Sidewalk improvements are called for on Graf Street and S. 3rd
Avenue on Figure 4.3 of the transportation plan. 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 enables 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 over what is present on the site.
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 for related discussion.
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 any zoning district. 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. Application of any municipal zoning district to the subject property will alter
the existing character of the subject property which is a rural individual home with agricultural
buildings. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it
provides a structured method to consider changes to the character.
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. As the property is being considered for annexation it is not appropriate to
continue a rural zoning designation.
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 more points of similarity than difference including the
same minimum building setback requirements, minimum lot sizes for shared uses, and the
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same parking and parkland requirements. Uses allowed in the two districts are mostly the same.
The two districts share 28 authorized uses. The R-3 district adds six uses not allowed in R-1
and the R-1 district 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.
Over the past 20+ years, the City Commission has considered and approved changes to the
City’s zoning text. This includes completely replacing the entire zoning program and map as
well as more narrow changes. All changes were appropriately noticed and adopted by
ordinance. An outcome of the evolution of the zoning is the differences between residential
zoning districts are much smaller than they were at points in the past. Therefore, there is less
potential impact on the character of an area if a different zoning district is established.
Zoning does not permanently fix a certain constructed pattern. Little of Bozeman is built to the
maximum intensity allowed by the various zoning districts. Therefore, changes, even visually
significant changes, can occur without a change in the zoning map. For example, the adjacent
R-1 district has potential to add additional homes to each lot, increase heights of constructed
buildings, or do other intensification. Individual owners may choose not to do but their decision
does not remove the option from adjacent owners.
The City has established standards for compatibility between uses, see Article 38.500,
specifically 38.500.010.D. The City has defined compatible development in 38.700.040 as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These support the ability of future development in R-3 to be
compatible with adjacent R-1 development and uphold the residential character of the area
even though the differences between the two districts are not large.
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
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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 rural 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 encourages 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 provides
greater flexibility in providing housing options to meet this demand.
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in the area?
No. This criterion includes the modifier ‘significantly.’ It is not prohibited to have uses
that are different. To be a Yes, the reviewer must demonstrate a ‘significant
difference.’
Residential development surrounds the property in all directions with a mix from
single-household dwellings to an assisted living facility. The proposed R-3 designation
provides for residential development similar to the prevailing residential land uses in
the area. The same nonresidential uses are allowed in both districts. As described in
Criterion H and others above, the uses allowed in both districts are very similar with
28 identical uses and 7 that are different. Six of the seven different uses are also
residential. Section 38.310.030, BMC lists the uses authorized in both districts.
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The numeric standards for setbacks, lot areas, lot coverage, parking, parkland
dedication, and others are likewise either identical or very similar. Therefore the
proposed R-3 district is not ‘significantly different.’
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.
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)
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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.
There are 23 separate lots located wholly or partially within the 150 foot protest distance.
Protests from the owners of 6 parcels are needed in order to require a two-thirds vote in favor
of the application. One protest by an owner within the protest distance has been received as
of the writing of this report.
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.
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 occurred on January 21,
2020 and the City Commission public hearing is scheduled for February 3, 2020.
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The City received two written public comments in opposition that are attached to this report.
The City received one written public comment in support which is attached to this report. Five
people spoke in support of the application and no persons spoke in opposition at the Zoning
Commission. The oral testimony can be heard through the video of the meeting at
https://media.avcaptureall.com/session.html?sessionid=78fc7956-cd46-46f1-942f-
8b509c70bcb4&prefilter=654,3835.
Any additional written comment received will be forwarded to the City Commission.
APPENDIX C - PROJECT GROWTH POLICY
Adopted Growth Policy Designation:
The property has a future land use designation of Residential in the Bozeman Community Plan.
According to the plan, “This category designates places where the primary activity is urban
density dwellings. Other uses which complement residences are also acceptable such as parks,
low intensity home based occupations, fire stations, churches, and schools. High density
residential areas should be established in close proximity to commercial centers to facilitate
the provision of services and employment opportunities to persons without requiring the use
of an automobile. Implementation of this category by residential zoning should provide for and
coordinate intensive residential uses in proximity to commercial centers. The residential
designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A
variety of housing types can be blended to achieve the desired density. Large areas of single
type housing are discouraged. In limited instances the strong presence of constraints and
natural features such as floodplains may cause an area to be designated for development at a
lower density than normally expected within this category. All residential housing should be
arranged with consideration of compatibility with adjacent development, natural constraints
such as watercourses or steep slopes, and in a fashion which advances the overall goals of the
Bozeman growth policy. The residential designation is intended to provide the primary
locations for additional housing within the planning area.”
As Table C-16 from the Bozeman Community Plan shows, the proposed zoning of R-3 is an
implementing district for the future land use designation of “Residential”.
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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
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
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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
132
133
134
135
136
137
138
N1
Noticing Materials Page 1 of 1 Revision Date 03-07-18
Required Forms: N1 Recommended Forms: Required Forms:
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 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, _____________________________________________, hereby certify that, to the best of my knowledge, the
attached name and address list of all adjoining property owners (including all condominium owners,
within 200 feet of the property located at ________________________________________________________, is a true
and accurate list from the last declared Gallatin County tax records. I further understand that an
inaccurate list may delay review of the project.
_______________________________________
Signature
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
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
139
Form N1 Appendix
Adjoining Property Owners
Subject Property: 3120 Wagon Wheel
Legal Description of two parcels:
S19, T02 S, R06 E, TRACT A SW4 4.33AC DESIG ON ASSR'S PLATS
S19, T02 S, R06 E, C.O.S. 526, ACRES 0.975, TRACT B
Address Legal Description
KENT HALL CONDO MASTER
GENERAL DELIVERY
BOZEMAN, MT 59718-9999
KENT HAL CONDO, S19, T02 S, R06 E, TRACT A
COS 526 CONDO MASTER
CONTIGUOUS
MADIGAN RUSSEL W & BARBARA J
257 E HODGEMAN RD
BOZEMAN, MT 59718-7135
KENT HAL CONDO, S19, T02 S, R06 E, UNIT 1
CONTIGUOUS
BLUEBERRY BEAR LLC
280 W KAGY BLVD STE D330
BOZEMAN, MT 59715-6056
KENT HAL CONDO, S19, T02 S, R06 E, UNIT 2
CONTIGUOUS
COWLES DONALD C III
1400 N ROUSE AVE
BOZEMAN, MT 59715-2941
KENT HAL CONDO, S19, T02 S, R06 E, UNIT 3
CONTIGUOUS
MILLER SHANNON MARIA
3100 WAGON WHEEL RD APT 4
BOZEMAN, MT 59715-8025
KENT HAL CONDO, S19, T02 S, R06 E, UNIT 4
CONTIGUOUS
ONEIL PHILIP E
PO BOX 1737
BOZEMAN, MT 59771-1737
S19, T02 S, R06 E, TRACT W 230X729’ NW COR
NW4SW4
CONTIGUOUS
EMERICHIP BOZEMAN LLC
c/o EMERITUS CORPORATION
6737 W WASHINGTON ST STE 2300
MILWAUKEE, WI 53214-5650
SPRING MEADOWS SUB, S19, T02 S, R06 E,
BLOCK 2, LOT 2, PLAT J-145
CONTIGUOUS
WEST MEADOWS OWNERS ASSOC
INC
PO BOX 10992
BOZEMAN, MT 59719
WEST MEADOWS SUB PH3, S19, T02 S, R06 E,
COMMON OPEN SPACE PLAT J-397
CONTIGUOUS
Adjoining Property Owners: 3120 Wagon Wheel
Page 1 or 3
140
RYTI KALLI
255 MATHEW BIRD CIR
BOZEMAN, MT 59715-7194
WEST MEADOWS SUB PH3, S19, T02 S, R06 E,
LOT 94, PLAT J-397 PLUS COMMON OPEN
SPACE
NOT CONTIGUOUS
WETSTEIN DANIEL P & KATHLEEN F
249 MATHEW BIRD CIR
BOZEMAN, MT 59715-7194
WEST MEADOWS SUB PH3, S19, T02 S, R06 E,
LOT 93, PLAT J-397 PLUS COMMON OPEN
SPACE
NOT CONTIGUOUS
EULER WENDY ANN
225 MATHEW BIRD CIR
BOZEMAN, MT 59715-7194
WEST MEADOWS SUB PH3, S19, T02 S, R06 E,
LOT 91 and 92, PLAT J-397 PLUS COMMON
OPEN SPACE
NOT CONTIGUOUS
SUSAK BOJANA V
203 MATHEW BIRD CIR
BOZEMAN, MT 59715-7194
WEST MEADOWS SUB PH3, S19, T02 S, R06 E,
LOT 90, PLAT J-397 PLUS COMMON OPEN
SPACE
NOT CONTIGUOUS
WEAVER JUDITH
100 HERITAGE DR
BOZEMAN, MT 59715-9224
WOODRIDGE ADD, S19, T02 S, R06 E,
LOT 7C, PLAT J-70-C
NOT CONTIGUOUS
SPAIN DONNA M
105 HERITAGE DR
BOZEMAN, MT 59715-9286
WOODRIDGE ADD, S19, T02 S, R06 E,
LOT 6B, PLAT J-70-C
CONTIGUOUS
QUINN MARK R & DEBRA R
107 HERITAGE DR
BOZEMAN, MT 59715-9286
WOODRIDGE ADD, S19, T02 S, R06 E,
LOT 4A, PLAT J-70-A
CONTIGUOUS
CALVERT JERRY
111 HERITAGE DR
BOZEMAN, MT 59715-9286
WOODRIDGE ADD, S19, T02 S, R06 E,
LOT 3A, PLAT J-70-A
CONTIGUOUS
COWLES PATRICIA
117 HERITAGE DR
BOZEMAN, MT 9286
WOODRIDGE ADD, S19, T02 S, R06 E,LOT 1-8
& LOTS 1A & 2A, PLAT J-70-A
CONTIGUOUS
COOK KEVIN & PATRICIA A
315 LEXINGTON DR
330 CONCORD DR
BOZEMAN, MT 59715-7100
3, LOT 12 PLAT J-151 PLUS OPEN SPACE
NOT CONTIGUOUS
BARNWELL LARRY & DEBRA
360 CONCORD DR
BOZEMAN, MT 59715-7100
WESTFIELD SUB PH2, S24, T02 S, R05 E, BLOCK
3, LOT 11 PLAT J-151 PLUS OPEN SPACE
NOT CONTIGUOUS
HAYWARD WILLIAM G JR
325 CONCORD DR
BOZEMAN, MT 59715-7117
WESTFIELD SUB PH2, S24, T02 S, R05 E, BLOCK
2, LOT 13 PLAT J-151 PLUS OPEN SPACE
NOT CONTIGUOUS
ROGERS BRIANNE
355 CONCORD DR
BOZEMAN, MT 59715-7117
WESTFIELD SUB PH2, S24, T02 S, R05 E, BLOCK
2, LOT 14 PLAT J-151 PLUS OPEN SPACE
NOT CONTIGUOUS
MORRIS DUANE E & ANGELA D
304 FIELDSTONE DR
BOZEMAN, MT 59715-7107
WESTFIELD SUB S24, T02 S, R05 E , BLOCK 2,
LOT 12 PLAT J-118 PLUS OPEN SPACE
NOT CONTIGUOUS
HENDRIKX JORDY & SARAH
ROBYN
312 FIELDSTONE DR
BOZEMAN, MT 59715-7107
WESTFIELD SUB S24, T02 S, R05 E , BLOCK 2,
LOT 11 PLAT J-118 PLUS OPEN SPACE
NOT CONTIGUOUS
WEISS DERIC & CHARLOTTE
305 FIELDSTONE DR
BOZEMAN, MT 59715-7107
WESTFIELD SUB S24, T02 S, R05 E , BLOCK 1,
LOT 1 PLAT J-118 PLUS OPEN SPACE
NOT CONTIGUOUS
GIBSON CAROL
311 FIELDSTONE DR
BOZEMAN,MT 59715-7107
WESTFIELD SUB S24, T02 S, R05 E , BLOCK 1,
LOT 2 PLAT J-118 PLUS OPEN SPACE
NOT CONTIGUOUS
WESTFIELD SUB PH 1 & 2 MASTER
GENERAL DELIVERY
BOZEMAN, MT 59718-9999
WESTFIELD SUB, S24, T02 S, R05 E, OPEN
SPACE,
WESTFIELD SUB PH 2, S24, T02 S, R05 E,
ACRES 0.323, OPEN SPACE
NOT CONTIGUOUS
Adjoining Property Owners: 3120 Wagon Wheel
Page 3 or 3
142
ANNX Appendix
Form ANNX Appendix
Annexation and Initial Zoning
Annexation Checklist Responses:
1. The following questions pertain to the goals adopted by the City
Commission in Commission Resolution No. 3907.
See ANNEX form
2. The following questions pertain to the policies adopted by the City
Commission in Commission Resolution No. 3907.
See ANNEX form
3. If the property is currently in agricultural use please identify current
crops/conditions.
The property is not currently in agricultural use and is used as a
single-family residence.
4. Number of residential units existing on the property?
The property has one residential unit, which is a single family home.
5. Number and type of commercial structures on the property?
There are no commercial structures on the property.
6. Estimate of existing population of the property?
Two people currently reside on the property.
7. Assessed value of the property?
The property contains two parcels. The larger parcel has an assessed
land value of $295,307 and a building value of $251,393. The smaller
parcel has a land value of $160,731. These are based on 2019 appraisal
values.
2019 Land Value $295,307 + $160,731 = $456,038
2019 Building Value $251,393
Total Value $707,431
Page 1 of 4
143
ANNX Appendix
8. Existing on site facilities and utilities (gas, power, telephone, cable,
septic systems, wells, etc.)
There is an existing well and septic system for the single-family
residence. Utilities that supply the residence include gas, electricity, and
telecommunications.
Initial Zoning Project Narrative:
a. Is the new zoning designed in accordance with the growth policy?
How?
Yes. The 2009 Bozeman Community Plan on Figure 3-1: Future Land
Use Map designates the property as “Residential”. The proposed
Residential medium density district (R-3) zoning falls under this category.
The R-3 zoning compliments the R-3 and R-1 lots that surround the
subject property and promotes compact neighborhoods within the city
reducing urban sprawl. Additionally, the zoning and future residence with
close proximity to open space, parks, and schools will promote
multi-modal transportation, land use, and enhance the quality of life. The
proposed zoning will encourage efficient utilization of land and existing
infrastructure systems.
b. Will the new zoning secure safety from fire and other dangers?
How?
Yes. The subject property is less than 3 miles from Bozeman Fire Station
#1 and #2. The property borders the Woodridge Addition, West Meadow
Subdivision, Spring Meadows Subdivision, and Westfield Subdivision, all
of which are currently served by the Bozeman Fire department. Zoning
the property R-3 will not have any anticipated negative effects on the fire
safety for the property. There are no other anticipated dangers
associated with the property.
c. Will the new zoning promote public health, public safety and general
welfare? How?
Yes. The R-3 zoning designation will allow for development that
complements existing subdivisions that border the property, while
prohibiting some less compatible rural uses that are currently allowed
under county zoning. Public health will be improved by connecting to
municipal sanitary sewer and water systems, which prevent groundwater
pollution and depletion by wells and septic systems.
Page 2 of 4
144
ANNX Appendix
d. Will the new zoning facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other public
requirements? How?
Yes. The property is located on Wagon Wheel Road, which contains an
existing 8” water main and 8” sewer main according to City of Bozeman
GIS. The subject property is 0.7 miles from Morning Star Elementary
School and 0.6 miles from Sacajawea Middle School. The property is
adjacent to the Mainstreet to Mountains trail system and 0.3 miles from
Grafs Park. Public transportation is accessible at Kagy Avenue located
0.8 miles from the subject property.
e. Will the new zoning provide reasonable provision of adequate light
and air? How?
Yes. The proposed zoning and associated restrictions and open space
requirements will ensure the current residents will have substantial light
and air exposure.
f. Will the new zoning have an effect on motorized and non-motorized
transportation systems? How?
Yes. The proposed R-3 zoning will increase motorized and
non-motorized traffic as a result of additional residential units. However
the increase in motorized traffic will be a modest increase to current traffic
on Wagon Wheel Road that currently serves the Woodridge Addition and
Westfield Subdivisions. The adjacent side-walks, bike lanes, and trails
encourage non-motorized traffic. The proposed R-3 zoning facilitates
compact development, which generates a greater share of non-motorized
trips per capita that suburban sprawl development. Compact development
will thus facilitate the effectiveness of public and non-motorized
transportation systems, while also reducing the per-capita cost to the city
of both motorized and non-motorized transportation systems.
g. Does the new zoning promote compatible urban growth? How?
Yes. The property currently has a single-family residential house on 5.3
acres, contiguous with the City of Bozeman. The proposed zoning will
allow an increase in the land area available for development within the
City and will allow land uses compatible with the adjacent multifamily,
single family, ecleasiastic, and educational land uses. The proposed R-3
zoning is compatible with the adjacent R-3 and R-1 zoned properties.
Page 3 of 4
145
ANNX Appendix
h. Does the new zoning promote the character of the district? How?
Yes. The proposed zoning is consistent with existing zoning in the area.
The property is bordered to the north by medium-density residential (R-3)
and to the south by low-density residential (R-1). The east border is
adjacent to the trail system, the open space of West Meadow Subdivision
and a multi-family senior housing facility. The proposed R-3 zoning will
balance density with open space and maintain the current character of the
district.
i. Does the new zoning address the affected area’s peculiar suitability
for particular uses? How?
Yes. The proposed R-3 zoning will allow for residential development
which is suitable for the site and consistent with the current residential
land use in the area.
j. Was the new zoning adopted with a view to conserving the values of
buildings? How?
Yes. The current single-family residence on the property does not conflict
with the proposed R-3 zoning. Any future development will be reviewed
against the R-3 zoning provisions and building requirements of the
Bozeman Municipal Code.
k. Does the new zoning encourage the most appropriate use of land
throughout the jurisdictional area?
The new zoning encourages the most appropriate use of the subject land.
R-3 zoning is consistent with the residential designation in the Growth
Plan, so any future development is aligned with the surrounding area of
residential subdivisions. The proximity to schools, trails, and open space
makes it ideal for a residential development that reduces the need for
motorized transportation, and R-3 zoning allows for appropriate urban
density and avoids urban sprawl. All of these are inline with the
Bozeman Community Plan which outlines the best use of land in the
Bozeman area.
Page 4 of 4
146
EXISTING GALLATIN COUNTY ZONING :
RS (RESIDENTIAL SUBURBAN DISTRICT)
497.03'
85.44'
PROPERTY
SIZE : 231.029 SF / 5.3 ACRES
PROPOSED ZONING :
R-3
R-3
R-1
HERITAGE DR.
W GRAF ST
KENT HAL
CONDOMINIUM
S 3RD AVE
COLTER AVE
LANGOHR AVE
FIELDSTONE DR
CONCORD DR
W GRAF ST
E.BARN
E. SINGLE
FAMILY HOUSE
E. SHED
497.03'
85.44'
728.65'
258.75'
258.75'
24" W 24" W
6" W
24" W 10" W
8" W
8" W
24" W
6" W
6" W
8" S
8" S
8" S 8" S
8" S
8" S
WAGONWHEEL ROAD
8" S
8" S
8" S 8" S
60'
ROW
231.97'
RS
GALLATIN COUNTY
6" W
6" W
8" S
8" S
HERITAGE DR.
SILVERWOOD DR.
PROPERTY
WAGONWHEEL ROAD
W GRAF ST
EXISTING GALLATIN COUNTY ZONING :
RS (RESIDENTIAL SUBURBAN DISTRICT)
497.03'
85.44'
PROPERTY
SIZE : 231.029 SF / 5.3 ACRES
PROPOSED ZONING :
R-3
R-3
R-1
HERITAGE DR.
W GRAF ST
KENT HAL
CONDOMINIUM
S 3RD AVE
COLTER AVE
LANGOHR AVE
FIELDSTONE DR
CONCORD DR
W GRAF ST
E.BARN
E. SINGLE
FAMILY HOUSE
E. SHED
497.03'
85.44'
728.65'
258.75'
258.75'
24" W 24" W
6" W
24" W 10" W
8" W
8" W
24" W
6" W
6" W
8" S
8" S
8" S 8" S
8" S
8" S
WAGONWHEEL ROAD
8" S
8" S
8" S 8" S
60'
ROW
231.97'
RS
GALLATIN COUNTY
6" W
6" W
8" S
HERITAGE DR.
SILVERWOOD DR.
PROPERTY
WAGONWHEEL ROAD
W GRAF ST
KENT HAL
January 19, 2020
Bozeman City Clerk
121 North Rouse Avenue
Bozeman, MT 59771-1230
RE: Application 19-468
Bozeman City Commission:
We are supporting the proposed annexation and R-3 zoning of this property. My husband and I own the
Ill Heritage Drive property that abuts the south side of the proposed annexation. We have lived on the
property since 2004 and have been acdve is supporting the Robertsons, (the present owners) with
animal care, gardening, irrigation, meals and any other help they needed since we moved in. They
became second parents to us and we have loved that land. Years ago. Dr. Robertson even put in a green
metal gate between our properties so neither of us would have to crawl over the fence to access each
others homes.
Upon learning that they were going to sell we were devastated even though we knew it was necessary
due to their declining health. I had been fantasizing over the years about winning the lottery and
building smaller homes where we and our friends age in place. WeU, that didn't happen so our next
wish was a wealthy person buy it and it remain an intact acreage. Imagine our surprise upon learning
about the cohousing plan. I had read about this movement in other states but really knew nothing about
it until attending planning meetings with the cohousing members and reading about cohousing projects.
It looks like my initial wish is being fulfilled even though we will not be living there.
Of course iny husband and I do not want to have our property value lessened. We would not be
supporting an R-3 designation if it were to be multiple apartment buildings. I believe this plan and
these members will be creating a community that adds to our neighborhood. The cohousing members
commitment to best use site planning, open land, energy efficiency, childcare and social contacts will
increase value rather than decreasing it. More people are desiring to create homes and communities that
support connection rather than isoladon, this cohousing plan has the potential to do that. In the
information that I have studied it appears that cohousing retains its property value and the value is often
higher than neighboring homes.
I grew up an a small farm adjacent to a small community in South Dakota. I had this kind of
community and support my entire life. I know the value it gives families and individuals. Being a
psychotherapist in this community since 1980 I also know the pain and suffering that comes with
isolation and lack of support. I believe whatever brings good to our community of Bozeman wUl bring
good to our own self-interest. I believe this plan will bring good and hopefuUy open up other cohousing
possibilities throughout the county. I believe this is the best use for the property.
Sincerely,
/:
Dorothy Dacar and Jeriy Calvert
Ill Heritage Drive
Bozeman, MT 59715
149
1
City of Bozeman Department of Community Development
ATTN: Chris Saunders
PO Box 1230
Bozeman, MT 58771-1230
January 16, 2020
RE: Application 19-468 Letter of Protest
Dear City of Bozeman Department of Community Development,
On January 15, we heard for the first time about the proposed application for a 40-unit co-
housing development for Wagon Wheel Road in Application 19-468.
We, along with our neighbors, are very, very concerned about this proposed development and
what it would mean to our neighborhood, safety, home values, and quality of life. We strongly
object to it.
A 40-unit cohousing development is out-of-character for this area and would bring a variety of
challenges and negative impacts.
We and the residents here have several serious concerns:
—NOISE LEVELS AND ESTABLISHED CHARACTER OF THIS AREA OF BOZEMAN
The residents in this area of Bozeman moved into the neighborhoods here specifically
because of their unique charm; quality of life; quiet, family atmosphere; and nearness to
schools (where children often walk to school).
A new development such as what is being proposed is very much out of character with what all
of us here worked hard to achieve and have invested in.
It is simply not fair to the people already living in the surrounding neighborhoods to add in a
housing unit that is unlike what is already here and that would add a lot of busy traffic and
noise. It would irreversibly change the character of this area for the worse and harm our real
estate values as well.
—TRAFFIC HAZARD
This development would negatively impact traffic safety.
Adding probably at least 100, if not more, people and their cars would certainly place a burden
on the infrastructure of the area, especially at the corner of Wagon Wheel and South 3rd
,
where there is currently a three-way stop sign. That is a very busy corner all around the year
now with increased vehicle traffic and lots of children and families walking.
150
2
The new cross street of South 3rd
(turning into Graf) that now goes across to 19th
Ave. has
already generated a lot of extra traffic at the corner of Wagon Wheel. Traffic is especially
heavy in the mornings and afternoons because of the nearby Sacajawea Middle School and
during work rush hours.
Adding more traffic to this area would be irresponsible and endanger children and families,
who would have to dodge all the added traffic such a development would bring.
In addition, Wagon Wheel Road is not big enough to accommodate the traffic patterns that
would be created coming out of the new development, especially going north. Cars turning left
on to Wagon Wheel from streets across from this proposed development already have a tricky
time entering onto Wagon Wheel because of the recently increased traffic patterns.
Additional traffic from this new development would make entering Wagon Wheel from
Fieldstone Dr. and Concord Dr., for example, extremely difficult. Wagon Wheel is a small road.
Because of the three-way stop sign at Wagon Wheel and South 3rd
, increased traffic there
would likely cause a lineup of cars waiting to go north toward Kagy, which would make
entering Wagon Wheel from the left extremely difficult and a potential hazard.
Also, if you are stopped at the corner of Wagon Wheel and South 3rd
going north down the hill,
immediately after the stop sign at Wagon Wheel there is steady stream traffic trying to come
out of and turn into Graf St. toward Brookdale Springmeadows and the homes near there. It is
already a dangerous intersection with the cars moving south and waiting to turn onto Graf St.
trying to beat the cars going north after the stop sign. Adding all the new traffic that would
come with this development would make this entire sequence of streets a very dangerous
situation. The roads and their arrangement were not built to handle this amount of traffic.
And as you know, the campus that is to be built on Graf near 19th
Ave. will already be bringing
more cars onto South 3rd
as cars head downtown. Please do not allow even more traffic to go
into this area by approving Application 19-468 and the proposed development. It is just not
safe.
— SAFETY
Sacajawea Middle School is nearby and many children from the surrounding developments—
which are right across from where this proposed new development would be—walk to and
from school.
The greatly increased traffic from such a development would increase the safety risk to our
children by the sheer number of vehicles it would add to Wagon Wheel and South 3rd
.
In addition, children frequently bicycle along these roads. The area of South 3rd going up to
Wagon Wheel from Kagy Blvd. is a frequently used, bicycle-friendly area. Not only many
children but also many families and adults use those bike lanes for biking and walking. Many
people also walk that road to access neighborhood hiking trails nearby.
Adding a new development such as the one proposed would totally change that atmosphere
and, again, impact the safety of the people using the streets and bike lanes. It is dangerous.
151
3
—HOME VALUES:
Approving a development that is unlike the other homes in the area would assuredly devalue
the value of the long-established homes in the area.
Again, that is unfair to all of us already living here and is not a logical way to introduce new
housing.
—LIGHT POLLUTION
Over the past few years, the Westfield Park development across from this proposed
development has encouraged its members to invest in special lighting to reduce light pollution
in the area. People have spent a lot of money doing this.
This proposed new housing development, its lighting, and the extra traffic it would bring will
effectively negate the effort and the expense people have gone through and adversely change
the character of the area.
We understand that Bozeman is a growing area. However, new developments should be
consistent with the infrastructure and character of what is already in an established area.
One of the key reasons we elected you as our Bozeman officials is to protect Bozeman from
harmful overdevelopment and to safeguard the unique character of this city.
Wagon Wheel Road and this area of Bozeman are not the right location for this kind of
development.
Both of us—as well as our neighbors who may have not been able to write to you in time—
implore you not to approve this kind of development in this area. It puts at risk our safety,
quality of life, home values, and the integrity of the established neighborhoods nearby.
Respectfully,
Nigel Yorwerth
Patricia Spadaro Yorwerth
410 Fieldstone Dr.
Bozeman, MT 59715
Emails: nigel@publishingcoaches.com ; py@publishingcoaches.com
Phone: (406) 994-0031
152
153
154
Bozeman City Clerk
121 N Rouse Avenue
Bozeman, MT 59715-1230
Application 19-468
January 26, 2020
Bozeman City Commission:
We are supporting the proposed annexation and R-3 zoning of the property at 3120 Wagon
Wheel Rd. We are a young family with two small children and have very good friends living on
Matthew Bird Circle near this property. We are frequent visitors to the neighborhood and enjoy
the peace, quiet and direct access to nature. We have met several neighbors and find them to
be very supportive of one another. We believe that the proposed project at 3120 Wagon
Wheel will add to, not take away from this quiet peaceful supportive environment. As potential
future homeowners in this neighborhood, we share the values of a peaceful, safe, supportive
neighborhood and will work to connect with and support the existing neighbors.
I, Mark, am a faculty member at Montana State University. Many younger faculty members are
struggling to find housing that is close enough to MSU to walk or bike to campus. This
property and the proposed project will provide housing for families that allow them to live the
lifestyle they want. The project will provide a nice neighborhood with modestly sized homes,
close proximity to campus, and other city amenities.
Additionally, we do not believe this project will add significantly to the traffic of that
neighborhood. The future homeowners of the development at 3120 Wagon Wheel share a very
strong sense of environmental responsibility. We are a family of four, but only own one car.
We commute mainly on foot and by bike whenever possible and plan to continue to do so.
Many of the other future homeowners share these values and plan to walk or bike to work at
MSU and local businesses in the downtown area. We are also working to instill these values in
our children by walking them to school, biking with them to the library, and enjoying hikes on
the adjacent trails instead of driving.
We are very excited about this project, neighborhood, and the group of local residents that are
making this project happen. We fully support the proposed annexation and initial zoning.
Thank you for your time and consideration.
Sincerely,
Mark Owkes Jeanmarie Kathleen Owkes
318 S 9th Ave,
Bozeman, MT 59715
155
CONDOMINIUM
S 3RD AVE
COLTER AVE
LANGOHR AVE
STAUDAHER ST
ERWIN AVE
FIELDSTONE DR
CONCORD DR
LEXINGTON DR
W GRAF ST
E GRAF ST
NOSTALGIA LN
MATHE BIRD CIR
FOX HOLLOW WAY
NASH CREEK RD
OXFORD DR
SPRING MEADOWS DR
0' 100' 200'
SCALE : 1" = 60'-0"
25' 50' A1.1
3120 WAGONWHEEL ROAD
ZONE MAP
ZONE MAP
01 SCALE: 1" = 60'-0" @ 24" x 36"
N
R-1 (RESIDENTIAL SINGLE-HOUSEHOLD, LOW)
R-3 (RESIDENTIAL MEDIUM DENSITY)
PROPOSED R-3 (RESIDENTIAL MEDIUM DENSITY)
GALLATIN COUNTY: RS
(RESIDENTIAL SUBURBAN DISTRICT)
ZONING
PROPERTY
CITY LIMITS
EXISTING WATER MAINS AND EXTENSIONS (APPROX.
LOCATION)
EXISTING SEWER MAINS (APPROX. LOCATION)
STREAM
GLWQD WETLANDS BOUNDARY
GLWQD RIPARIAN AREAS BOUNDARY
UTILITIES AND WATERWAYS
EXISTING STRUCTURES ON PROPERTY
LEGEND
VICINITY MAP
02 NTS
N
W
S
ADDRESS AND LEGAL
DESCRIPTION OF THE
PROPERTIES:
3120 WAGONWHEEL RD
SOUTH LOT:
S19, T02 S, R06 E, TRACT A
SW4 4.33AC DESIG ON
ASSR'S PLATS
NORTH LOT:
S19, T02 S, R06 E, C.O.S. 526,
ACRES 0.975, TRACT B
DATE OF PREPARATION:
5 2 3 E . O R M S B Y A V E
LOUISVILLE, K Y 4 0 2 0 3
P h o n e : 5 0 2 . 2 8 7 . 9 0 0 3
Email: Mathilde@MBDesignLLC.com
01 NOVEMBER 2019
ANNEXATION
3120 WAGONWHEEL ROAD
BOZEMAN (UNINCORPORATED), MONTANA
ZONE APPLICATION
STRUCTURES AND PROPERTY BOUNDARIES
148
KENT HAL
CONDOMINIUM
S 3RD AVE
COLTER AVE
LANGOHR AVE
STAUDAHER ST
ERWIN AVE
FIELDSTONE DR
CONCORD DR
LEXINGTON DR
W GRAF ST
E GRAF ST
NOSTALGIA LN
MATHE BIRD CIR
FOX HOLLOW WAY
NASH CREEK RD
OXFORD DR
SPRING MEADOWS DR
0' 100' 200'
SCALE : 1" = 60'-0"
25' 50' A1.0
3120 WAGONWHEEL ROAD
ANNEXATION MAP
ANNEXATION MAP
01 SCALE: 1" = 60'-0" @ 24" x 36"
N
DATE OF PREPARATION:
5 2 3 E . O R M S B Y A V E
LOUISVILLE, K Y 4 0 2 0 3
P h o n e : 5 0 2 . 2 8 7 . 9 0 0 3
Email: Mathilde@MBDesignLLC.com
01 NOVEMBER 2019
ANNEXATION
3120 WAGONWHEEL ROAD
BOZEMAN (UNINCORPORATED), MONTANA
ANNEXATION APPLICATION
MULTI-HOUSEHOLD RESIDENTIAL
SINGLE-HOUSEHOLD RESIDENTIAL
PARKS OR OPEN SPACE
SCHOOL/EDUCATIONAL FACILITY
CHURCH
VACANT
R-1 (RESIDENTIAL SINGLE-HOUSEHOLD, LOW)
R-3 (RESIDENTIAL MEDIUM DENSITY)
PROPOSED R-3 (RESIDENTIAL MEDIUM DENSITY)
GALLATIN COUNTY: RS
(RESIDENTIAL SUBURBAN DISTRICT)
ZONING
LAND USE
PROPERTY
CITY LIMITS
EXISTING WATER MAINS AND EXTENSIONS (APPROX.
LOCATION)
EXISTING SEWER MAINS (APPROX. LOCATION)
STREAM
GLWQD WETLANDS BOUNDARY
GLWQD RIPARIAN AREAS BOUNDARY
UTILITIES AND WATERWAYS
EXISTING STRUCTURES ON PROPERTY
LEGEND
VICINITY MAP
02 NTS
N
W
S
ADDRESS AND LEGAL
DESCRIPTION OF THE
PROPERTIES:
3120 WAGONWHEEL RD
SOUTH LOT:
S19, T02 S, R06 E, TRACT A
SW4 4.33AC DESIG ON
ASSR'S PLATS
NORTH LOT:
S19, T02 S, R06 E, C.O.S. 526,
ACRES 0.975, TRACT B
STRUCTURES AND PROPERTY BOUNDARIES
147
BOZEMAN 59715-7166
WESTFIELD SUB PH3, S24, T02 S, R05 E, BLOCK
2, LOT 12 PLAT J-170 PLUS OPEN SPACE
NOT CONTIGUOUS
WESTFIELD PARK HOMEOWNERS
ASSOC INC
602 CONCORD DR
BOZEMAN, MT 59715-7123
WESTFIELD SUB PH3, S24, T02 S, R05 E, OPEN
SPACE PLAT J-151
NOT CONTIGUOUS
JOHNSON JOSEPH K & TERESA M WESTFIELD SUB PH2, S24, T02 S, R05 E, BLOCK
Adjoining Property Owners: 3120 Wagon Wheel
Page 2 or 3
141