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Home My WebLink About06-15-20 City Commission Packet Materials - A5. Res 5177 Blackwood Annexation and Ord 2052 Provisional Adoption Blackwood ZMAPage 1 of 44 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Public Hearing Dates: Zoning Commission meeting is on Thursday, June 4, 2020. City Commission meeting is on Monday, June 15, 2020. Project Description: Annexation of a parcel and adjacent right of way totaling 120.9877 acres and amendment of the City Zoning Map for the establishment of a zoning designation of REMU, Residential Emphasis Mixed Use District. Project Location: The property is generally located South of Alder Creek Drive, east of South 19th Ave., and west of Hidden Springs Lane; and may be legally described as T S ½, SW ¼ of Section 24, and the N ½, N ½, NW ¼ of Section 25, Township 2 South, Range 5 East, P.M.M., Gallatin County, MT Recommendation: Meets standards for approval with terms of annexation and contingencies. Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 2020 and move to recommend approval of the Blackwood Groves Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20020 and move to approve Resolution 5177, the Blackwood Groves Annexation. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20020 and move to provisionally adopt Ordinance 2052, the Blackwood Groves Zone Map Amendment. Report: June 5, 2020 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative 341 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 2 of 44 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. Unresolved Issues None. The applicants have responded to all identified terms of annexation and contingencies of the zone map amendment. Implementing resolution and annexation are prepared and presented. Therefore the action is to take action directly on the resolution of annexation and provisional adoption of the zone map amendment. The following documents are included: • Resolution 5177 • Annexation Agreement and map • Ordinance 2052 and map Project Summary This report and action only apply to the property included in the application. See Section 1 for a map of the area included in this application. No adjacent property annexation or zoning status is changed by this application. Discussion and criteria for deciding on this annexation and zoning application are limited to those in this report. Other elements of the future development will be addressed separately in the future. The Zoning Commission will only consider the Zone Map Amendment elements of this report. They have no jurisdiction or recommendation authority for annexations. The site is located south of Alder Creek Drive, east of South 19th Ave., and west of Hidden Springs Lane. The property is located within the municipal water and sewer service boundary; and within the City’s transportation planning area. The property has been planned for urban development since at least 2001 (Figure 6-2, Bozeman 2020 Community Plan). The entire Bozeman 2020 Community Plan was adopted in 2001 and is available at http://weblink.bozeman.net/WebLink8/0/doc/136629/Electronic.aspx. Growth policy is the general term applied to a long range land use plan for a community. When the term growth policy is used in this report it is speaking broadly. Specific plans are mentioned by name. The 2009 Bozeman Community Plan, which entirely replaced the Bozeman 2020 Community Plan (2001) is available at https://www.bozeman.net/Home/ShowDocument?id=1074. The 2009 Bozeman Community Plan created the Residential Emphasis Mixed Use land use designation (REMU-LUD). As the same name for the land use category and district are used the distinct acronyms are used to distinguish the two for clarity. The City adopted Ordinance 1802 on April 11, 2011 to create the Residential Emphasis Mixed Use zoning district (REMU-ZD). The full text of Ordinance 1802 is available at http://weblink.bozeman.net/WebLink8/DocView.aspx?id=44746&dbid=0. Adoption of Ordinance 1802 was to further implement the adopted 2009 Bozeman Community Plan. The 342 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 3 of 44 zoning regulations have been reorganized and renumbered since initial adoption. References below and hyperlinks connect to the current text and location. The applicant has submitted a separate application #20021 to amend the future land use map, (Figure 3-1 at the end of the online file) of the 2009 Bozeman Community Plan from Residential to REMU-LUD. The Planning Board recommended approval of the Growth Policy Amendment (GPA). The intention of the future land use map change is to facilitate the subsequent annexation of the property to include a change to the city zoning map to designate the property Residential Emphasis Mixed Use zoning from its current county zoning designation of Agriculture-Suburban (AS). This application relies upon but does not change the GPA. The Annexation and initial Zone Map Amendment (ZMA) application is the subject of this report. The City Commission will consider and act on the GPA application on June 8, 2020. Review and decision by the City Commission on the annexation and zone map amendment is scheduled on June 15th, 2020. The analysis in this report is based on the assumption that the City Commission approves the GPA. If it is not, then revised findings will be required. Approval of the application is sought to provide for future development applications to include a mixture of land uses in accordance with the Community Plan’s REMU-LUD and the subsequent REMU-ZD. The application materials note that the City of Bozeman is in the late stages of a comprehensive update to the Bozeman Community Plan. On the draft future land use map, the subject property is proposed to be changed from its current Residential designation to the proposed Residential Emphasis Mixed Use designation that the associated GPA proposes. The application notes the map change proposed now and in the plan update are in line with various goals of the adopted and draft community plans to encourage more mixed use developments and neighborhood centers. The criteria for review of this Zone Map Amendment do not look to the future document which is still in development. The draft plan is subject to change as it goes through public review. Decision making on this application must consider the plan currently in effect which includes the individual amendment to the growth policy specific to this parcel. Appendix C has a description of noticing for this application. Written public comments have been received regarding this project. Written comments are available at http://weblink.bozeman.net/WebLink8/0/fol/210983/Row1.aspx. Some commenters merged into a single submittal comments on this zone map amendment application, the related growth policy amendment 20021 which preceded this application, and edits proposed in the general area as part of the draft overall growth policy update still in development. Zoning Commission The Zoning Commission held a public hearing on June 4, 2020. No members of the public testified at the public hearing. After consideration of all matters the Zoning Commission 343 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 4 of 44 unanimously recommended approval of the Zone Map Amendment. The video of the meeting is available at https://www.bozeman.net/services/city-tv-and-streaming-audio. Alternatives 1) Approve Resolution 5177 and approve Ordinance 2052; 2) Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 3) Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................................ 2 Unresolved Issues .......................................................................................................................................... 2 Project Summary ............................................................................................................................................ 2 Zoning Commission ....................................................................................................................................... 3 Alternatives ...................................................................................................................................................... 4 SECTION 1 - MAP SERIES ............................................................................................................................ 6 SECTION 2 - TERMS OF ANNEXATION .............................................................................................. 12 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ....................................................... 14 Annexation .................................................................................................................................................... 14 Zone Map Amendment .............................................................................................................................. 15 SECTION 4 - CONTINGENCIES OF ZONE MAP AMENDMENT ................................................... 15 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................................. 16 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .......................... 22 PROTEST NOTICE FOR ZONING AMENDMENTS ............................................................................ 37 APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ................................................ 38 Zoning Designation and Land Uses: ..................................................................................................... 38 Adopted Growth Policy Designations: ................................................................................................ 39 APPENDIX B - NOTICING AND PUBLIC COMMENT ....................................................................... 41 344 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 5 of 44 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ........................................... 42 APPENDIX D – ADVISORY COMMENTS FOR FUTURE DEVELOPMENT ................................ 42 FISCAL EFFECTS .......................................................................................................................................... 44 ATTACHMENTS ........................................................................................................................................... 44 345 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 6 of 44 SECTION 1 - MAP SERIES Map 1: Vicinity Map – Subject area in pink 346 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 7 of 44 Map 2: The applicant’s zoning amendment map showing existing zoning districts and proposed area for amendment and annexation 347 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 8 of 44 Map 3: Figure 3-1, Future Land Use Map, Bozeman Community Plan (existing) 348 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 9 of 44 Map 4: Adjacent existing municipal zoning – ¼ mile radius provided for scale 349 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 10 of 44 Map 5: Map of the existing and proposed major street network serving the project area. 350 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 11 of 44 Map 6: Existing and Planned water and sewer services in facility master plans – Green arrows are existing sewer lines, green solid are master planed lines, Blue solid lines are existing water mains, purple lines are planned water lines. 351 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 12 of 44 SECTION 2 - 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. The applicant has chosen to address these terms as part of a completed annexation agreement to be presented to the City Commission at the time the annexation is considered. Terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “Blackwood Groves Annexation”. 2. An Annexation Map, titled “Blackwood Groves Annexation Map” The map must be supplied on: 1) a mylar for City records (either 18" by 24" or 24” by 36” size); 2) a reduced 8 ½" x 11" or 8 ½” by 14" exhibit suitable for filing at the County Clerk & Recorder; 3) an editable digital copy for the City Engineer’s Office; and 4) a PDF. This map must be acceptable to the City Engineer’s Office and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 3. The land owners and their successors must pay 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 execute at the Gallatin County Clerk & Recorder's Office in conjunction with the annexation, a waiver of right-to-protest creation of S.I.D.'s and special districts 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. 6. 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. 352 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 13 of 44 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 (SID’s) or special districts for the following, if not already filed: a. Street improvements to S. 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to S. 11th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Blackwood Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at Blackwood Road and S. 11th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Blackwood Road and S. 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at Blackwood Road and S. 3rd Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at Goldenstein Lane and S. 3rd Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at Goldenstein Lane and S. 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the executed SID waiver prior to completion of Annexation. 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. b) The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c) The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d) The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is 353 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 14 of 44 verified by the City that the necessary municipal services are available to the property. e) The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. f) The Annexation Agreement must include notice charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. g) The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property. h) The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. 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. 9. The annexation description and map must include the entire width of S. 19th Avenue south of Blackwood Avenue. 10. South 11th Avenue and Blackwood Road are classified as Collector Streets in the Bozeman Transportation Master Plan. The applicant must provide ninety (90) feet of public street and utility easement for both South 11 Ave and Blackwood Road prior to completion of Annexation. 11. South 19th Avenue is classified as a Principal Arterial in the Bozeman Transportation Master Plan. The applicant must provide an additional ten (10) feet of public street and utility easement for along the properties South 19th Avenue frontage prior to completion of Annexation. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Annexation The Development Review Committee (DRC) recommends approval of the requested annexation. 354 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 15 of 44 The City Commission will hold a public hearing on the annexation on Monday, June 15, 2020. The meeting will begin at 6 p.m. See the agenda for location. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Blackwood Groves Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses rely on approval of the annexation, application 20020. 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, June 4, 2020 and forwards a favorable recommendation to the City Commission on the Zone Map amendment. The City Commission will hold a public hearing on the zone map amendment on Monday, June 15, 2020. The meeting will begin at 6 p.m. See the agenda for location. SECTION 4 - 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. The applicant has chosen to address these contingencies prior to the City Commission consideration of the zone map amendment. All contingencies have been satisfied and will not require any future action. Contingencies of Approval: 1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the Annexation Agreement is not approved, the Zone Map Amendment application is null and void. 2. All documents and exhibits needed to establish an initial municipal zoning designation must be identified as the “Blackwood Groves Zone Map Amendment”. 3. The applicant must submit a zone amendment map, titled “ Blackwood Groves 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 355 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 16 of 44 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 edge or centerline of adjacent rights-of-way, and total acreage of the property to be rezoned. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS The purpose of annexation is to enable property to enter the City’s municipal boundaries. The annexation process is governed by state law and local resolution. The primary purpose of the state law provisions is to ensure the adequate provision of services to newly annexed property. The City primarily relies on Title 7, Chapter 2, Part 46, MCA for review of annexation. In considering applications for approval of the requested annexation, the 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 north sides. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. The subject property is not 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 planned service boundary of the water and sewer systems with existing water mains in the Blackwood Road and S. 11th Avenue alignments for future right-of-way. The property is located in the urban growth area of the Bozeman Growth Policy as shown on Figure 3-1. The intent of the annexation is to access municipal services to support proposed development primarily as housing. 356 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 17 of 44 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 Figure 3-1, the future land use map. The land is presently designated as Residential. See Table C-16 for correlation of land use designation and zoning districts. An amendment to revised the designation to REMU-LUD is presently under review. The Planning Board has recommended favorably on the amendment to the future land use map. The City Commission will consider the GPA on June 8th. 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 adjacent on some or all of three side. The annexation will not leave a gap, or create an extensive peninsula, or create an annexed island. 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 along S. 19th and S. 11th. Additional right of way for S. 19th Avenue, S. 11th Avenue, and Blackwood Road is required to conform to the City’s transportation master plan. Development of this property will require additional internal circulation but is unlikely to change the overall street networks The major street networks will have greater connectivity after annexation and development. 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. Section 38.410.130 establishes the required procedures which will be applied at the time of development. 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. There are no known existing septic systems on the property. 357 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 18 of 44 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. Additional right of way for S. 19th Avenue, S. 11th Avenue, and Blackwood Road is required to conform to the City’s transportation master plan. Development of this property will require additional internal circulation but is unlikely to change the overall street networks The major street networks will have greater connectivity after annexation and development. Easements for water mains will also be provided. 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. The applicant has submitted application 20021 to amend Figure 3-1, the future land use map. The Commission will consider that amendment on June 8th prior to the consideration of this application on June 15th. 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 current Figure 3-1,Future Land Use Map of the Bozeman Community Plan (growth policy) designates the subject property as “Residential.” The applicant has submitted application 20021 to amend Figure 3-1, the future land use map. The Planning Board recommended favorably on this change on May 19th. The Commission will consider that amendment on June 8th prior to the consideration of this application on June 15th. The annexation itself is acceptable under either land use designation. Applicable zoning district will be affected by whether or not the GPA is approved 358 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 19 of 44 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 A-S - “Agricultural Suburban”). See Section 6 of this report for analysis of the ZMA. 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 REMU, “Residential Emphasis Mixed Use”. 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 S. 19th Avenue and S. 11th Avenues. Both are paved streets. 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 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 359 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 20 of 44 Director of Public Works and based on the zoning designation approved by the City Commission. This will be addressed during the review of subsequent 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. Future connections to municipal sanitary sewer and water systems are intended. Additional construction of local service utilities will be required. 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 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. 360 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 21 of 44 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. See Appendix C of this report for a greater discussion on noticing. 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. 361 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 22 of 44 Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. The property is not included in any road improvement district. 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. No comment has been received by either agency. 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. There are no existing buildings on the property. Therefore, this policy is not applicable. 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. If the City Commission does not approve the associated annexation this zone map amendment may not be approved. 362 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 23 of 44 Section 76-2-304, MCA Zoning Criteria A. Be in accordance with a growth policy. Yes. To be in accordance with does not require strict adherence to every element. Policy priorities can be in tension. The City Commission must consider and determine the balance deemed most appropriate at their time of decision. Therefore, in applying this criterion some goals may be advanced, some neutral, and some not met so long as the overall balance is deemed “in accordance with” the adopted growth policy. Both the existing Residential and proposed REMU-LUD support primarily residential uses on the property. Both designations have implementing zoning districts which include authorizations for a variety of non-residential accessory, conditional, special, or principal uses. See Table C-16 below for more details on implementing districts. See municipal code Division 38.310 for the authorized uses in residential districts (Section 030) and for the authorized uses in the REMU-ZD (Section 040). There are unique standards applicable to the REMU-ZD (Section 060). All primarily residential districts allow for some commercial and institutional uses at differing scales. All primarily non-residential districts allow for some residential uses. See also Criterion H below. The analysis of this criterion presumes the approval of the GPA which preceded this application. If the GPA is not approved on June 8, 2020, this criterion should be reevaluated. REMU-ZD is an implementing district of the REMU-LUD as indicated by the emphasized dot in the table. Each dot indicates a zoning district that correlates with a land use designation. REMU-ZD is not an implementing district for the Residential designation. 363 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 24 of 44 The property has several potential and existing points of access to public streets to the west, north, and east. These include Blackwood Road and S. 19th Avenue, arterial streets, and S. 11th Avenue, a collector street. Additional local street connections can also be extended from the site. The site is situated in a rapidly developing area dominated by residential subdivisions. Commercial centers are found approximately one mile to the north, but small community centers are not in close or convenient proximity to properly serve future residential development on this and immediately surrounding properties as the growth policy envisions. The City’s standard in the growth policy for smaller scale commercial service centers is approximately one-half mile radius spacing to enable ready walking and biking access. Public comment on several other developments in the area but west of S. 19th Avenue over the past year noted the absence of and desire to have more convenient access to commercial services from residential developments. Particular emphasis in that public comment was on the desirability of services within walking distance. The REMU-ZD authorizes but does not compel construction of non-residential uses. As REMU-ZD provides greater likelihood of non-residential uses than one of the other implementing zoning districts Staff finds that it advances the following. Table C-16 Zoning Correlation With Land Use Categories 364 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 25 of 44 Goal LU-2: Designate centers for commercial development rather than corridors to encourage cohesive neighborhood development in conjunction with non-motorized transportation options. Rationale: Transportation and land use are closely connected. A center based development pattern is more land and resource efficient and supports the goals of community and neighborhood development and sustainability. Future growth will cause additional demand for and use of transportation facilities. A center based development pattern can reduce future demand. Objective LU-2.1: Locate high density community scale service centers on a one mile radius, and neighborhood service centers on a one-half mile radius, to facilitate the efficient use of transportation and public services in providing employment, residential, and other essential uses. Not all goals and objectives of the growth policy will be advanced with the proposed amendment. Some, such as the following, are applicable for any area being developed under any land use designation. Objective T-1.4: Ensure that adequate interconnections are made throughout the transportation system to ensure a variety of alternatives for trip routing and reduce total travel distance. Goal T-2: Ensure that a variety of travel options exist which allow safe, logical, and balanced transportation choices. Rationale: Providing for a variety of travel options supports public health, reduces resource demand, and helps the City operate efficiently and cost effectively. Coordinated and cooperative efforts by all transportation system providers minimize the costs while maximizing benefits. There are improving transportation connections in the general area. Recent connection of Graf Street and S. 11th have established important links. These new street connections facilitate access to Montana State University and other destinations to the north. The development of adjacent property will include installation of sidewalks to support pedestrian connections. These improvements are planned and needed regardless of whether the property is designated as REMU or some other zoning district. Therefore, the ZMA is neutral to these goals and objectives. The REMU-ZD provides for individual detached homes, townhomes, and other more intensive residential developments as well as opportunities for commercial uses limited in size and type to be residentially compatible. The land use category description on page 3-10 says in part “The Residential [Emphasis] Mixed-Use category promotes 365 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 26 of 44 neighborhoods with supporting services that are substantially dominated by housing.” REMU-ZD is primarily residential in nature as not less than 70% of gross square feet of building area in the district must be used for residences. REMU enables the option for neighborhood support commercial uses without having to predict the exact location at the growth policy level. The large size and level topography of the site is relatively free from significant development constraints and lends itself to a mixed-use development capable of providing a diverse mixture of land uses that could result in a functionally more self-sufficient area of the City, including adjacent properties, where residents can rely less upon the more central commercial hubs in Bozeman. This could result in less reliance upon automobile transportation and develop a sense of community and successful local businesses. Furthermore, in an area largely dominated by residential development, opportunities for such mixed-use, planned developments with commercial amenities of the scale appropriate for these types of communities are becoming rare. Few larger tracts able to be readily served with municipal infrastructure are available. Smaller areas tend to be consumed by limited building-type residential neighborhoods. Providing more diversity and commercial opportunities within large tract developments of the size and location of this property on the community plan future land use map is more reflective of the plan’s goals and land use principles (see pages 3-3 to 3-5 of the growth policy). Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides public and private basic services and facilities in close proximity to where people live and work, and minimizes sprawl. Rationale: A sense of community is strengthened by distinctive areas which facilitate neighborhood identity. This is strengthened when essential services are available and encourage informal interactions. Full featured neighborhoods allow extensive interaction and build identity with a specific part of the community. A sense of place does not prohibit change or continued evolution of the community. The application responds to the needs of a rapidly developing and evolving community, including not only the city of Bozeman as a whole, but also more local communities such as those adjacent areas and the one that could be developed on this property with a diverse mix of land uses. Furthermore, the surrounding neighborhoods could also be better served by future services and amenities to be developed in this new area proposed for REMU. There are four zoning districts adjacent to the property (See Map 4 in Section 1). Within a half-mile of the property there are eight zoning districts. 366 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 27 of 44 Goal C-1: Human Scale and Compatibility — Create a community composed of neighborhoods designed for the human scale and compatibility in which the streets and buildings are properly sized within their context, services and amenities are convenient, visually pleasing, and properly integrated. Rationale: A community’s physical form, rather than its land uses, is its most enduring characteristic. We should design places for people as the primary user. Good design looks good and feels good. The spatial relationships in our environment in large part determine our experience of the place. Scale and context should be the beginning point of any discussion of community quality. Objective C-1.1: - Expand design review programs citywide to ensure well designed spaces throughout the community. Objective C-1.2: - Update design objectives to include guidelines for urban spaces and more dense development. 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. Objective 1.1 - Encourage and support the creation of a broad range of housing types in proximity to services and transportation options. The above goals and objectives have been implemented in revisions and updates to the City’s development standards. Provisions for urban open spaces, buildings oriented to the street, public parks, transitions of building height between zoning districts, affordable housing, and many other elements addressing Goal C-1 are now minimum standards of the municipal code. The REMU-ZD will facilitate the opportunity for provision of additional services and amenities conveniently close to existing development (within the one-half mile standard noted above) and a diverse housing stock while not inserting more intensive uses into existing developed housing areas. Goal C-3: Neighborhood Design – New neighborhoods shall be pedestrian oriented, contain a variety of housing types and densities, contain parks and other public spaces, have a commercial center and defined boundaries. 367 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 28 of 44 Rationale: Good neighborhoods allow choices in housing, recreation, modes of transportation, options for commerce, work, and entertainment while providing a healthy environment and a sense of place and identity that residents can call home. Neighborhoods are more expansive than individual subdivisions. Neighborhoods are more organic than they are artificial. They tend to be concepts envisioned by the people who live in a neighborhood rather than exact geographies described by lines on a map. As neighborhood design is described in Goal C-3 above, a diversity of zoning districts supporting a range of uses may be needed to address all the elements. Such a diversity is often developed through a combination of different subdivisions or other developments over time. The REMU-ZD the zoning district that most readily addresses all the various elements on a larger parcel. The project site is on either side of the planned location of Blackwood Road. Blackwood Road will connect S. 19th Avenue and S. 3rd Avenue. The intersection of Blackwood Road and S. 19th Avenue is the next likely location for a traffic signal on S. 19th. A future traffic signal will facilitate safe pedestrian crossing of the intersection. The proposed amendment advances goals and objectives of the Bozeman Community Plan including, but not limited to, those cited above. Section 2.1 of the growth policy identifies guiding principles used in the preparation of the Bozeman Community Plan. These include: Strives to achieve a fair and proper balance among conflicting interests, to protect the rights of citizens, and to affirm community values as they have been expressed by citizens and throughout the planning process. Realizes interrelated goals for land use, housing, transportation, environmental concerns, and economic development . Public comments have been received expressing concerns about possible impacts to adjacent property owners if the requested amendment is approved. This type of concern is what the identified principles in 2.1 seek to address. A growth policy is a balance of many different views of what is good and appropriate for the community as a whole and smaller areas within it. The Neighborhoods land use principle on page 3-3 says in part: 368 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 29 of 44 “There is strong public support for the preservation of existing neighborhoods and new development being part of a larger whole, rather than just anonymous subdivisions.” Without question, development of adjacent vacant property impacts already developed property. This is true for any zoning district. Those impacts may be negative, positive, or a mix of both negative and positive. Individuals may have divergent opinions on whether any development is an asset or injury depending on how they individually weight issues of concern. To give weight to all the various priorities of the community requires that not every issue be maximized to the detriment of others. As shown in the citation above and throughout the Bozeman Community Plan the City has many areas of interest and concern that must be considered. Advancing those goals as a whole may impact some citizens more than others. To enable consideration of possibly conflicting interests the City has established the growth policy amendment process and criteria. The process enables affected parties to express their support or concern, seek information, and be heard before any decision is made. This process enables consideration necessary to meet the required fair and proper balance, protect rights, and affirm community values. Evaluation of these concerns is conducted against the background of the community values and priorities established in the growth policy. Future development of the property as REMU-ZD will address a greater range of the goals and objectives of the growth policy than the other alternative zones available under REMU-LUD. A review of the growth policy did not find elements that materially conflicted with the proposed amendment. Staff finds that the ZMA is in accordance with the growth policy as proposed to be amended. B. Secure safety from fire and other dangers. Yes. The REMU-ZD, along with annexation into the City and future payment of impact fees, will allow for municipal fire and police protection and adequate transportation services for current and future residents that will help to secure the property from fire and other dangers. The property is located 2.0 miles from the Bozeman Fire Department Station #2 to its nearest point and is adjacent to developments currently served by the Bozeman Fire Department. Police patrols already cover adjacent areas and the extension of Blackwood Road and S. 11th Avenue will improve street connections in support of response routes. 369 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 30 of 44 After annexation is completed, development is subject to municipal standards adequate to address this criteria. These include, but are not limited to stormwater controls, building codes, water and sewer systems, and nuisance controls. 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. See also Criterion D. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes. Public transportation, water, sewerage, schools, parks and other public requirements are available and will be provided to serve future development of the property. The property has access from S. 19th Avenue and S. 11th Avenue. City water and sewer lines are located adjacent to or within the property. Additionally, the subject property is 0.35 miles from Morning Star Elementary School, adjacent to Sacajawea Middle School, and connects to and enables the extension of the Gallagator Trail an important part of the Main Street to Mountains trail system. Dedication of school facilities is not required by municipal zoning standards. However, School District 7 will have opportunity to review and comment on future development. Any future residential development will be required to mitigate impacts on parks and recreation by creation of additional parks or payment of in-lieu fees as authorized in 38.420 BMC. Adequacy of all these public requirements is evaluated during the subdivision and site development process. No approval for construction is granted until adequate services are available. Paragraph 38.300.010.C BMC states: “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 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.” 370 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 31 of 44 E. Reasonable provision of adequate light and air. Yes. The REMU-ZD has Form and Intensity Standards for structural setbacks, height limits, and maximum 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. Open spaces, in addition to parks, are required with all residential development per 38.520.060 BMC. F. The effect on motorized and non-motorized transportation systems. Neutral. All development permitted under the REMU-ZD (or any other zoning district) will result in increased trips along streets, sidewalks, and trails. The recommended terms of annexation and City’s development approval processes, for example requirements for easements and the 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. The City conducts routine transportation monitoring, modeling, and planning to understand existing conditions and future needs of the transportation system. The 2017 Transportation Master Plan is the most recent transportation plan. Figure 2.9 indicates there is remaining capacity in S. 19th Avenue, S. 11th Avenue, and S. 3rd Avenue. Additional capacity was constructed with extensions of Graf Street and S. 11th Avenue after the TMP was completed. Further capacity expansion to the transportation network, such as upgraded intersection at Graf and S. 3rd presently underway, will mitigate impact on the larger transportation network. Development of the site will require development of additional street capacity in extensions of Blackwood Road, S. 11th Avenue, and local streets. Future development supports opportunity to expand the pedestrian network through installation of sidewalks. This improves the non-motorized transportation system. The REMU-ZD specifically is designed to support a higher degree of non-motorized transportation. The City has established minimum standards applicable to development to limit block length, ensure trail and sidewalk connections, and provide streets adequate to carry traffic projected from development. These standards are not applied at the time of the ZMA but will be implemented during the subdivision and site plan processes required before any construction may begin. See also Criterion D. G. Promotion of compatible urban growth. Yes. The growth policy supports compatibility as a minimum requirement. See Criterion 1, Goal C-1, and the land use principles laid out on page 3-5 of the Bozeman Community Plan. The City has adopted a variety of standards to implement compatibility. Compatible 371 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 32 of 44 development and Compatible land use are defined in Article 38.7 BMC. They are defined as: “Compatible development. 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. Compatible land use. A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” As noted in the definition of Compatible development, there are many elements that contributed to compatibility. The final sentence of the definition justifies emphasis “Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The proposed REMU-ZD must have at least 70% of its total square footage dedicated to residential uses. Non-residential uses are limited in total square footage per site and overall. There is a greater range of allowed non-residential uses in REMU-ZD than in other residential districts. The proposed REMU-ZD allows for increased density and a wider range of use that the zoning districts adjacent to it. However, the site is quite large at over 119 acres. This provides opportunity to place uses in such a way as to offset any potential impacts. As a minimum standard unique to the REMU-ZD the site is required to first have either an overall planned unit development or master site plan to set key elements of the site before any formal construction may begin. This extra process enables issues to be identified and resolved early in the design process. . The City has adopted extensive standards in Chapter 38 of the municipal code to identify and mitigate impacts of adjacent development. Review processes and adopted standards provide assurance that the district is thus compatible with surrounding residential uses at an appropriate scale. See also Criterion H. H. Character of the district. Yes. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the 372 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 33 of 44 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. Table C-16 of the Bozeman Community Plan, see above, identifies the implementing zoning districts of the current Residential and proposed REMU-LUD. Both allow for several different zoning districts that authorized a wide range of possible future development. There are no zoning districts which are limited to only one type of development. All zoning districts under either the Residential or Residential Emphasis Mixed Use designations provide for a range of housing types, institutions, and commercial activities. The expansiveness and intensity allowed varies between districts. The change to REMU facilitates the potential for a variety of commercial services on the site but does not require them. Neither designation requires development to occur on any particular schedule or sequence. The adjacent properties are developed as a variety of residential and institutional uses. In Bozeman, development seldom occurs at the greatest intensity allowed. For example, R-1 the lowest density residential zone available for new development allows building heights suitable for a three story building. However, very few people choose to construct buildings that high in the R-1 zone. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. To date, the City of Bozeman has not defined a specific area outside of the area itself to be rezoned for consideration of this criterion. A review of the existing uses within a quarter mile radius of the amendment site shows a diverse mix of uses including parks, detached individual homes, two-household buildings, townhomes, agricultural fields, and two community centers (school and churches). Looking out to a half mile adds another school, apartment buildings, and three and four home buildings to the mix of uses. The majority of the area within a quarter mile is undeveloped and remains as fields. In the developed areas single household residences are the most common use. There are four City of Bozeman zoning districts adjacent to the amendment site, R-1, R-2, R-3, and PLI. The perimeter of the site is 1.75 miles. None of the four zoning districts shares as much as 20% of the perimeter of the project. The site is also adjacent to the Agricultural Suburban district in the Gallatin County Bozeman Area Zoning. The use most adjacent to the site is agricultural fields. Due to the extensive undeveloped adjacent property the character of the district is still very much in development. 373 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 34 of 44 The proposed REMU-ZD maintains the predominant residential character of the area while providing an opportunity for a portion of non-residential service uses to be included. As noted in Criterion G above, the City defines compatible development as “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards in Articles 38.3-38.5 BMC to identify and mitigate demonstrable negative impacts of development. These support the ability of future development in REMU-ZD to be compatible with adjacent development. As the majority of the area adjacent to the site is not yet developed the character of the area is not fully defined and is suitable to add additional uses. The City, as shown by an examination of the zoning map and authorized uses in all zoning districts, has striven to encourage a diverse development pattern and avoid large areas of single use development. I. Peculiar suitability for particular uses. Yes. The property is generally flat, has limited water features that limit development, has good access to public utilities, is adjacent to existing municipal services, and enables extension of important transportation systems. The site is capable of supporting a more intensive district in the range of zoning districts. The proposed REMU-ZD is suitable for the site given the surrounding existing residential development and access to city services and facilities. Any future development will be reviewed against the provisions of the REMU-ZD. J. Conserving the value of buildings. Neutral. The property has only a non-habitable agricultural structure on it. Therefore, the REMU-ZD will have no substantive effect on the value of buildings within the amendment boundary. Residential and institutional uses are adjacent to approximately 43% of the property perimeter. Any new structures at the site will be required to meet setback and other protective requirements set forth in the Bozeman Municipal Code, which will 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 374 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 35 of 44 properties and does not create any new situations not in compliance with municipal code. Therefore, this criterion is met. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. If the requested GPA to designate the property as REMU-LUD is approved, the proposed REMU-ZD will encourage the most appropriate use of land. The proposed REMU-ZD designation will allow for higher residential densities on an sizable area in a growing area of the City. The City is in need of additional housing to accommodate current and projected demand. As described in criteria above, the growth policy contains numerous goals and objectives that are supported by the ZMA. The proposed REMU-ZD enables increased density and services in an area of the community with limited services available within convenient distances. An initial zoning designation of REMU-ZD will provide greater flexibility in providing options to meet these needs. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of all three 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. There is a considerable diversity of uses in the area. Bozeman has deliberately developed a zoning system that includes districts with diverse uses and opportunities. The City deliberately chooses to encourage diverse development and avoid single use concentrations. The majority use by area adjacent to the subject property is agriculture. This is not surprising as this application is occurring in conjunction with annexation of property on the edge of the City. Some residential and institution development is adjacent to or in reasonable proximity to the property as described in Criterion H above. There are five different zoning districts adjacent to the property. Therefore, it cannot be said that there is a narrowly focused prevailing pattern of land uses in the area. Future development of the site in compliance with the proposed REMU-ZD designation provides for predominantly residential development which includes uses similar to the most common residential land uses in the area. As described in Criterion H and others above, the uses are similar in the majority as the prevailing 375 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 36 of 44 land uses in the area. As REMU-ZD is a mixed use zoning district there are additional uses authorized in the REMU-ZD beyond those in adjacent districts. However, since those uses are restricted in scale and scope they must remain a non-prevailing use. Section 38.310.040, BMC lists the allowed uses in REMU-ZD. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? No. The proposed REMU-ZD zoning designation is requested by one landowner/applicant and applies to one lot in excess of 119 acres. The parcel is considerably larger that the majority of lots in the vicinity. The zoning request is a necessary part of an annexation, which has been initiated by the landowners and applicant. As described in Criterion A above, the amendment advances the overall policies of the Bozeman Community Plan, the adopted growth policy. As the application advances the growth policy and makes available additional opportunities for services as described above there are benefits to the larger community from the amendment. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While the applicant/landowner will directly benefit from the proposed zone map amendment, 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 REMU-ZD would allow for more housing and service options in a growing area of the City, which benefits the general public. Additional parks and transportation links will provide benefits to the community at large. 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. As discussed in Criterion H, the application is consistent with the existing and developing character of the area. Therefore, the amendment does not benefit the landowner at the expense of others. Development of the site in any manner will create additional demand for services and change the character of the site as an agricultural field. A change to an urban district does not inherently injure the surrounding landowners. 376 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 37 of 44 PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. The following map identifies the lots within the State law established 150 foot protest distance. The yellow line is the outer distance of 150 feet. A protest must be from owner(s) of a lot wholly or partially inside the yellow line. Comments are invited from anyone interested. However, those comments will not affect the determination of a successful protest if they are outside of the 150 foot protest area. There are 35 parcels within the protest boundary. Adequate protests must be received from 9 parcels to trigger the 2/3 voting requirement. 377 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 38 of 44 Map showing project boundary and protest boundary APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is currently outside the Bozeman city limits and is zoned by Gallatin County as AS (Agriculture - Suburban District) per the Gallatin County / Bozeman Area Zoning District Map certified 11-16-2018. The applicants have applied for annexation into the Bozeman city limits and an initial Zone Map Amendment (ZMA). 378 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 39 of 44 The property has historically been used agriculturally for crop production, and is a field with the exception of a small, agricultural grain storage building in the southwest corner. Adopted Growth Policy Designations: The following designations are applicable to this application. Existing – Residential. The growth policy description of this category is: “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.” Proposed (City Commission decision on June 8th) – Residential Emphasis Mixed Use. The growth policy category description reads: “The Residential Mixed-Use category promotes neighborhoods with supporting services that are substantially dominated by housing. A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live-work units. Residences should be included on the upper floors of buildings with ground floor commercial uses. Variation in building massing, height, and other design characteristics should contribute to a complete and interesting streetscape and may be larger than in the Residential category. Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground floor. All uses should complement existing and planned residential uses. Non-residential uses 379 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 40 of 44 are expected to be pedestrian oriented and emphasize the human scale with modulation as needed in larger structures. Stand alone, large, non-residential uses are discouraged. Non- residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is implemented at different scales. The details of implementing standards will vary with the scale. The category is appropriate near commercial centers and larger areas should have access on collector and arterial streets. Multi-household higher density urban development is expected. Any development within this category should have a well integrated transportation and open space network which encourages pedestrian activity and provides ready access within and to adjacent development.” Future Land Use Map. The growth policy states, “[The future land use map] is a synthesis of many different ideas, public input, existing conditions, and existing and desired land use patterns for the future. The map is the visual representation of the land use patterns and ideas discussed in this chapter, and elsewhere throughout this document. The map shows in a very broad manner acceptable uses and locations throughout the community. It does not represent a commitment by the City to approve every development proposed within each category. Neither does a designation indicate that a property is free from constraints to development. The map and other elements of this plan must be weighed and evaluated in conjunction with the specific details of a proposed project which are beyond the scope of this plan but will be addressed through the implementation tools discussed in Chapter 16 and Appendix I. The provisions of any intergovernmental agreement between the City and County regarding land use will influence the final development pattern with the defined planning area… This plan looks at a twenty-year horizon as well as the current situation, so it is to be expected that some areas which are not in conformance with the plan will be identified. This plan recognizes the presence of these uses without specifically mapping or otherwise identifying them. It is desired that these anomalies be resolved over the term of this plan so that the land use pattern identified herein may be completed.” Table C-16 Zoning Correlation With Land Use Categories 380 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 41 of 44 Black dots in each cell of the table indicate that an individual zoning district may implement a particular plan category. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US first class mail to the owners of the subject property and all owners of property located within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice in two locations: along S. 19th Ave. and at the terminus of S. 11th Ave. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on March 8th and 22nd, 2020. The Zoning Commission public hearing was scheduled for March 24, 2020. Due to meeting closures for COVID-19, the March 24th meeting was cancelled. The meetings were rescheduled and new notices published on May 19th and 31st, and June 7th, 2020 and posted on site and mailed first class to landowners within 200 feet of the site. A revised mail notice list was prepared to correct an oversight by the applicant in preparing the initial submittal. Written public comments have been received regarding this project. Written comments are available at http://weblink.bozeman.net/WebLink8/0/fol/210983/Row1.aspx. Some commenters merged comments on the zone map amendment application 20020, growth policy amendment application 20021, and the overall update to the 2009 Bozeman Community Plan application 16521. 381 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 42 of 44 No oral or written comments were received at the Zoning Commission public hearing. APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Blackwood Land Fund LLC, 140 Village Crossing Way, Unit 3B, Bozeman, MT, 59715 Applicant: Bridger Builders, 115 West Kagy Blvd., Suite L, Bozeman, MT, 59715 Representative: C&H Engineering and Surveying, Inc. (contact: Ethan Cote), 1091 Stoneridge Drive, Bozeman, MT, 59718 Report By: Chris Saunders, AICP, Community Development Manager APPENDIX D – ADVISORY COMMENTS FOR FUTURE DEVELOPMENT Paybacks 1. The subject property is located within the Meadow Creek Subdivision payback district boundary for traffic signal, water, and sewer improvements. The applicant must pay the payback districts upon future development. Reference document Gallatin County Clerk and Recorder documents #2293491, 2293492, and 2293493, respectively. Stormwater 1. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal High Groundwater - The subject project is located in an area that is known to have seasonally high groundwater. Engineering recommends that the applicant confirm seasonal groundwater elevations prior to development as this data can only be obtained during several months of the year. Industry guidance recommends a three-foot minimum separation from the bottom of a stormwater facility to the underlying groundwater table. Transportation 1. BMC 38.220.060 (A)(12)Traffic Generation - A traffic impact study will be required upon future development, which will need to provide the information outlined in the BMC 2. BMC 38.400.010 Streets, General – South 19th Ave must be fully constructed along the property’s western boundary in accordance with the City’s Transportation Master Plan upon future development. 382 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 43 of 44 3. BMC 38.400.010 Streets, General – South 11th Ave and Blackwood road must be fully constructed to the property’s boundary in accordance with the City’s Transportation Master Plan upon future development. 4. BMC 38.400.110 Transportation Pathways – The applicant is advised that the Gallagator Trail and S. 19th shared use paths must be constructed as defined in the City Parks, Recreation, Open Space, and Trails (PROST) Plan upon future development. 5. BMC 38.410.040 Blocks - The applicant must construct an appropriate local street grid through the property that meets block length requirements upon future development. 6. City of Bozeman Design Standards and Specifications Policy (DSSP) IV. Roadway Design and Technical Criteria – All roadway plans must be designed in conformance with the Montana Public Works Standards and Specifications (MPWSS); City of Bozeman Modifications to MPWSS; Americans with Disabilities Act; and City of Bozeman Sidewalk Policy. The applicant is advised to review Table IV-2 within the DSSP to ensure all proposed City streets meet the minimum street design standards. Water 1. DSSP Section (V) (A) Main Size - The applicant is advised that the subject property is located at the southern end of the City’s main pressure zone (Sourdough Zone). Water pressures around the subject property vary from 35 to 50 psi. The water distribution system must be designed to meet the maximum day demand plus fire flow and the peak hour demand requirements upon future development. All additions to the water system will be designed and installed in accordance with the Montana Department of Environmental Quality Circular 1; Montana Public Works Standards and Specifications (MPWSS); City of Bozeman Modifications to MPWSS; and the City’s most recent Water Facility Plan;. Wastewater 1. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems - The subject property is located within the Cattail Creek Sanitary Sewer Drainage Basin. The wastewater facility plan identified the need for a future sanitary sewer extension through the subject property (CIP Reference: 12-inch South 3rd Ave – Goldenstein Ln to S 19th & 18-inch S 19th Ave – South 3rd intersection to Graf) that must be constructed upon future development to serve the proposed area. All sanitary sewer flows must be routed to the drainage basin that serves the area as identified in the City of Bozeman Wastewater Collection Facilities Plan. 383 20020 Staff Report for the Blackwood Groves Annexation and Zone Map Amendment Page 44 of 44 The applicant is advised that the development must complete and install the sanitary sewer extension from the developments southern property boundary to the intersection of Graf & South 19th upon future development. Water Rights 1. BMC 38.410.130 Water rights - The applicant must contact Brian Heaston withthe City Engineering Department to obtain a determination of cash-in-lieu (CIL) ofwater rights upon future development. Water Course 1.BMC 38.410.100.A Watercourse Setback – Multiple waterways exists throughoutthe subject property. If the waterway conforms to the definition of the watercoursesetback per City code then the watercourse setback must be provided along bothsides of the waterway. FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. •Blackwood Groves Annexation and Zone Map Amendment application materials. •Public comment to date via link to Laserfiche in Appendix B •Resolution 5177 •Annexation Agreement •Ordinance 2052 384 Resolution of Annexation 5120 2504 W. Mendenhall Street Annexation Page 1 of 3 RESOLUTION NO. 5134 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, NAHORNIAK ANNEXATON APPLICATION 19335. WHEREAS, the City of Bozeman received a petition for annexation from MJN Properties, LLC current landowners of record, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 1.1942 acres, located at 5170 Durston Road; and WHEREAS, the current landowner of record of real property consisting of one parcel of land described as a part of Tract 6 and Tract 7, Smith Subdivision, located in the NW ¼ of Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana. requested the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on October 21, 2019; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on October 21, 2019; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and 385 Resolution of Annexation 5120 2504 W. Mendenhall Street Annexation Page 2 of 3 WHEREAS, on October 21, 2019, the Commission approved the annexation subject to an annexation agreement which was signed by the current land owner prior to the public hearing; and WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SIDs, and water and sewer hookup fees, to said contiguous tracts is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, M.C.A., the following- described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include 12.0 acres, to wit: Legal Description The property is described as: That part of Tract 6 and Tract 7, Smith Subdivision, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana as described in Document Number 2602650, records of said office of the Clerk and Recorder, and that part of adjacent right of way for Durston Road as described on Document Number 2226667 on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, located in the Northwest Quarter of Section 11, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, and further described as follows: Beginning at the southwest corner of said property described in Document Number 2602650; thence northerly 001°53'33", assumed azimuth from north, 199.69 feet along 386 Resolution of Annexation 5120 2504 W. Mendenhall Street Annexation Page 3 of 3 the west line of said Tract 6; thence westerly 270°55'41" azimuth 10.00 feet; thence northerly 001°57'28" azimuth 163.86 feet along the west line of said property described in Document Number 2602650 and its northerly extension to the centerline of the right of way of Durston Road; thence easterly 090°56'46" azimuth 149.29 feet along said centerline; thence southerly 181°53'50" azimuth 290.00 feet along the east line of said property described in Document Number 2602650 and its northerly extension; thence along the boundary of said property described in Document Number 2602650 on the following courses: westerly 270°55'41" azimuth 4.00 feet; southerly 181°42'33" azimuth 73.50 feet; westerly 270°55'41" azimuth 135.45 feet to the Point of Beginning. Area = 52,018 square feet, 1.1942 acres Section 2 The effective date of this annexation is January 28, 2020. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 27th day of January, 2020. _________________________________ CHRIS MEHL Mayor ATTEST: _________________________________ MIKE MAAS Interim City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 ” 410 Page 1 of 5 ORDINANCE NO. 2052 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 120.9877 ACRES AS REMU, RESIDENTIAL EMPHASIS MIXED USE DISTRICT, BLACKWOOD GROVES ZONE MAP AMENDMENT, APPLICATION 20020. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of R-4 (Residential High Density) for approximately 1.1942 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on October 1, 2019 to receive and review all written and oral testimony on the request for a zone map amendment; and 411 Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 19335 the Nahorniak Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on October 21, 2019, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the zoning district designation of the following-described property is hereby designated as R-4, Residential High Density: That part of Tract 6 and Tract 7, Smith Subdivision, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana as described in Document Number 2602650, records of said office of the Clerk and Recorder, and that part of adjacent right of way for Durston Road as described on Document Number 2226667 on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, located in the Northwest Quarter of Section 11, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, and further described as follows: Beginning at the southwest corner of said property described in Document Number 2602650; thence northerly 001°53'33", assumed azimuth from north, 199.69 feet along the west line of said Tract 6; thence westerly 270°55'41" azimuth 10.00 feet; thence northerly 001°57'28" azimuth 163.86 feet along the west line of said property described in Document Number 2602650 and its northerly extension to the centerline of the right of way of Durston Road; thence easterly 090°56'46" azimuth 149.29 feet along said centerline; thence southerly 181°53'50" azimuth 290.00 feet along the east line of said property described in Document Number 2602650 and its northerly extension; thence along the boundary of said property described in Document Number 2602650 on the 412 Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment Page 3 of 5 following courses: westerly 270°55'41" azimuth 4.00 feet; southerly 181°42'33" azimuth 73.50 feet; westerly 270°55'41" azimuth 135.45 feet to the Point of Beginning. Area = 52,018 square feet, 1.1942 acres. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” 413 Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment Page 4 of 5 Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 27th day of January, 2020. ____________________________________ CHRIS MEHL Mayor ATTEST: ____________________________________ MIKE MAAS Interim City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the __________ day of____________________, 2020. _________________________________ CHRIS MEHL Mayor ATTEST: _________________________________ MIKE MAAS Interim City Clerk APPROVED AS TO FORM: 414 Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment Page 5 of 5 _________________________________ GREG SULLIVAN City Attorney 415 ” 416