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HomeMy WebLinkAbout07-26-21 Zoning Commission Agenda & Packet MaterialsA.Call meeting to order B.Disclosures C.Approval of Minutes C.1 Approval of Meeting Minutes for 07-12-21(Scott) D.Public Comment Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please THE ZONING COMMISSION OF BOZEMAN, MONTANA ZC AGENDA Monday, July 26, 2021 WebEx Meeting Information Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=e69860c0d8050de0463b75b75768c4c44 Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting Via Phone: This is for listening only if you cannot watch the stream or channel 190 • Call-in toll number (US/Canada ): 1-650-479-3208 • Access code: 182 938 2693 Public Comment: If you are interested in commenting in writing on items on the agenda, please send an email to agenda@bozeman.net prior to 4:00pm on Monday, July 19th, 2021. You may also comment by visiting the City's public comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and someone will call you during the meeting to provide an opportunity to comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the City's video page (click the Streaming Live in the drop down menu), and available in the City on cable channel 190. 1 limit your comments to three minutes. E.Special Presentation F.Action Items F.1 University Crossing Apartments Annexation and Zone Map Amendment, Application 21152 to annex approximately 10,250 square feet and zone it as B-2 at 2025 W. Kagy Blvd.(Saunders) F.2 Gran Cielo Subdivision Phase 2 Zone Map Amendment, Amendment of the City Zoning Map on 9.01 Acres to Change from R-4 High Density Residential District to a Zoning Designation of R-5 Residential Mixed-Use High Density District, Located South of Stucky Road, West of South 27th Avenue, and north of Bennett Boulevard, Application 21095.(Saunders) G.FYI/Discussion H.Adjournment For more information please contact Tom Rogers at trogers@bozeman.net This board generally meets the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM Committee meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301). 2 Memorandum REPORT TO:Zoning Commission FROM:Taylor Chambers - Community Development Technician II SUBJECT:Approval of Meeting Minutes for 07-12-21 MEETING DATE:July 26, 2021 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the meeting minutes from July 12, 2021 STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:None UNRESOLVED ISSUES:None ALTERNATIVES:1. Approve meeting minutes with corrections. 2. Do not approve meeting minutes. FISCAL EFFECTS:None Attachments: 07-12-21 Zoning Commission Meeting Minutes DRAFT.pdf Report compiled on: July 22, 2021 3 Bozeman Zoning Commission Meeting Minutes, 07-12-21 Page 1 of 4 THE ZONING COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, July 12, 2021 00:00:01 WebEx Meeting Information A) 00:00:43 Call meeting to order Present: Nicole Olmstead, Mark Genito, George Thompson, Christopher Scott Absent: Kirsa Shelkey B) 00:00:48 Disclosures C) 00:02:09 Approval of Minutes C.1 Approval of Minutes from 06-28-21 06-28-21 Zoning Commission Meeting Minutes DRAFT.pdf 00:02:31 Motion C) Approval of Minutes Nicole Olmstead: Motion Mark Genito: 2nd 00:02:40 Vote on the Motion to approve C) Approval of Minutes. The Motion carried 4 - 0 Approve: Nicole Olmstead Mark Genito George Thompson Christopher Scott Disapprove: None D) 00:03:05 Public Comment 4 Bozeman Zoning Commission Meeting Minutes, 07-12-21 Page 2 of 4 No public comment at this time. E) 00:03:39 Action Items E.1 00:03:58 Stockyard Properties Zone Map Amendment, Application 21102 amending zoning from R-4 and B-1 to REMU and B2-M on approximately 12.2 acres on the west side of the intersection of Story Mill Road and Griffin Drive. 21102 Stockyard Properties ZMA Staff Report ZC.pdf 21102_Application_Materials.pdf 00:04:06 Staff Presentation City Planner Chris Saunders presented the Stockyard Properties Zone Map Amendment to the board and recommended that the application meets criteria for approval. 00:09:51 Board Questions Board members directed questions to staff. 00:12:13 Applicant Presentation Rob Pertzborn and Ryan Krueger of Intrinsik Architecture provided a presentation on behalf of the applicant. 00:21:25 Board Questions Board members directed questions to the applicant. 00:36:15 Public Comment Opportunity No public comment at this time. 00:37:09 Board Discussion 00:37:31 Motion Zoning Commission Recommended 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 21102 and move to recommend approval of the Stockyard Properties Zone Map Amendment, with contingencies required to complete the application processing. Mark Genito: Motion George Thompson: 2nd Board member Genito spoke to his motion. Board member Thompson spoke to his second. 5 Bozeman Zoning Commission Meeting Minutes, 07-12-21 Page 3 of 4 Board member Olmstead commented with hesitations regarding B2-M parking and transportation standards. Chairman Scott commented in favor of the application and stated that he adopts the findings in the staff report as his own. 00:44:46 Vote on the Motion to approve Zoning Commission Recommended 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 21102 and move to recommend approval of the Stockyard Properties Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 4 - 0 Approve: Nicole Olmstead Mark Genito George Thompson Christopher Scott Disapprove: None F) 00:45:34 FYI/Discussion Board member Thompson asked a question regarding if public commenters should be asked if they are residents of the City of Bozeman or not. Planner Saunders informed the board regarding the upcoming meeting. G) 00:49:45 Adjournment For more information please contact Tom Rogers at trogers@bozeman.net. This board generally meets the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM 6 Bozeman Zoning Commission Meeting Minutes, 07-12-21 Page 4 of 4 7 Memorandum REPORT TO:Zoning Commission FROM:Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:University Crossing Apartments Annexation and Zone Map Amendment, Application 21152 to annex approximately 10,250 square feet and zone it as B-2 at 2025 W. Kagy Blvd. MEETING DATE:July 26, 2021 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Zoning Commission Recommended 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 21152 and move to recommend approval of the University Crossing Apartments Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:See attached staff report. UNRESOLVED ISSUES:None ALTERNATIVES:After making alternate findings for the review criteria recommend denial of the application. FISCAL EFFECTS:None Attachments: 21152 University Crossing Apartments Annexation-ZMA Staff Report ZC.pdf 21152 Application Materials.pdf Report compiled on: July 14, 2021 8 Page 1 of 29 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Public Hearing: Zoning Commission meeting is on July 26, 2021 City Commission meeting is on August 3, 2021 Project Description: Annexation 21152 requesting annexation of 10,247 square feet of land and zone map amendment 21152 of the City Zoning Map for the establishment of a zoning designation of B-2 (Community Business District). Project Location: West of 19th Avenue at 2025 W. Kagy Avenue and legally described as part of Lot 1A of Minor Subdivision No. 191-B, located in the SE ¼ of Section 14, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. The rest of Lot 1A was previously annexed in 2020, but the survey’s legal description failed to include the subject strip of land 10,247 square feet in size, which is to be corrected with the current annexation and zone map amendment. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning 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 21152 and move to recommend approval of the University Crossing Apartments 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 21152 and move to approve the University Crossing Apartments Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21152 and move to approve the University Crossing Apartments Zone Map Amendment, with contingencies required to complete the application processing. Report: July 14, 2021 Staff Contact: Chris Saunders, Community Development Manager 9 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 2 of 29 Lance Lehigh – Engineer III Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. Unresolved Issues None identified at this time. Project Summary This application is to correct a survey error. The City reviewed and approved application 19444, the University Crossing annexation and zone map amendment, which annexed 1.62 acres to the City. A survey error in the original application omitted a portion of the property the owner wished to annex. Applicant Thomas Brown of Locati Architects, and representative Drew Kirsch of C&H Engineering and Surveying, Inc., now seek to annex 10,247 square feet of land, including adjacent right-of-way and utility easements, owned by Steven R. Aaker and Daniel Hitchcock into the Bozeman Municipal Boundary and zone the land City of Bozeman B-2 (Community Business District), which is currently zoned Gallatin County A-S (Agricultural Suburban). The subject property is located west of 19th Avenue at 2025 W. Kagy Boulevard, Bozeman, MT. Alternatives 1. Approve the application and associated resolution and ordinance; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 10 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 3 of 29 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 7 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 Annexation ........................................................................................................................ 10 Zone Map Amendment ..................................................................................................... 11 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 11 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 18 Spot Zoning Criteria ......................................................................................................... 24 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 25 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 26 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 26 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 26 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 29 FISCAL EFFECTS ................................................................................................................. 29 ATTACHMENTS ................................................................................................................... 29 11 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 4 of 29 SECTION 1 - MAP SERIES Map 1: Project Vicinity Map 12 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 5 of 29 Map 2: Vicinity Map from Application showing City zoning in the vicinity of the project site (the green line) 13 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 6 of 29 Map 3: Excerpt of the Annexation Map submitted with Application 14 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 7 of 29 Map 4: Excerpt of the Zone Map Amendment map submitted with Application SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “University Crossing Apartments 2021 Annexation.” 2. That the applicant must submit an Annexation map, titled “University Crossing Apartments 2021 Annexation”. The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office, and must be submitted with the signed Annexation Agreement. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent right-of-ways or street easements, and total acreage of the property to be annexed; unless the property to be annexed can be entirely described by reference to existing platted properties or certificates of survey. 15 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 8 of 29 3. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 4. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to West Kagy Boulevard including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to South 19th Avenue including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to South 27th Avenue including paving, curb/gutter, sidewalk, and storm drainage d. Intersection improvements for West Kagy Boulevard and South 19th Avenue e. Intersection improvements for West Kagy Boulevard and South 27th Avenue The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The SID waiver will be filed with the County Clerk and Recorder in conjunction with the annexation agreement. 5. The Annexation Agreement shall include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. 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. 16 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 9 of 29 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. The subject property is located within the Meadow Creek Subdivision payback district boundary for traffic signal improvements. The subject property did not participate in the original cost of construction of improvements and must participate in the payback prior to subdivision or site plan review and approval. Reference document Gallatin County Clerk and Recorder #2293491. j. The subject property is located within the Meadow Creek Subdivision payback district boundary for sewer improvements. The subject property did not participate in the original cost of construction of improvements and must participate in the payback prior to connection into City’s sewer collection system. Reference Agreement for reimbursement August 12, 2013 between the City of Bozeman and Covenant Investment, Inc. k. The Annexation Agreement must include notice that the City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. 6. 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. 7. The annexation description and map must include the entire width of West Kagy Boulevard not already annexed and zoned but adjacent to the property. 8. The applicant must provide a ten (10) foot utility easement (power, gas, communication, etc.) along the developments property frontage concurrent with Annexation. The applicant may contact the Engineering Department to receive a copy of a utility easement template. 9. The applicant must provide a fifteen (15) foot public street and utility easement or dedicate Right-of-Way concurrent with Annexation.. The applicant may contact the Engineering Department to receive a copy of a public street and utility easement template. 17 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 10 of 29 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “University Crossing Apartments 2021 Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void. 2. That the Ordinance for the Zone Map Amendment shall not be finalized until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation agreement is not approved, the Zone Map Amendment application shall be null and void. 3. That the applicant must submit a Zone Amendment map, titled “University Crossing Apartments 2021 Zone Map Amendment”. The map must be supplied as 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 right-of-ways 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. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) recommends approval of the requested annexation. The City Commission will hold a public meeting on the annexation on August 3, 2021. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. 18 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 11 of 29 Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The University Crossing Apartments Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 21152. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Zoning Commission will hold a public hearing on this ZMA on July 26, 2021 and will forward a recommendation to the Commission on the Zone Map amendment. The meeting will be conducted using WebEx. Instructions for joining the meeting will be provided on the agenda on the City’s website, www.bozeman.net. The meeting will begin at 6 p.m. The City Commission will hold a public hearing on the annexation and zone map amendment on August 3, 2021. The meeting will be conducted using WebEx. Instructions for joining the meeting will be provided on the agenda on the City’s website, www.bozeman.net. The meeting will begin at 6 p.m. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion met. The strip of land in question is contiguous to the City limits along the entire length of the west boundary of the property. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion met. The subject property is wholly surrounded. Only a portion of the unannexed but wholly surrounded area is being annexed with this application. 19 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 12 of 29 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. Not Applicable. The subject property is not currently contracting with the City for water and sewer services but is in an area covered by fire protection services. Any future development would require connecting to 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. Criterion met. The subject property lies within the planned service area of the municipal water and sewer services. Development will be proposed after annexation is completed. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion met. As shown in the maps in Section 1, the subject property is planned as Community Commercial Mixed Use. The site is nearly three miles inside of the urban area as shown on the future land use map of the growth policy. See the discussion under Criterion A of Section 6 of this report for more information on the growth policy. 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. Neutral. The proposed annexation is a relatively minor adjustment to the City limits to include a strip of land varying from ±20- to 30- feet wide that was not included with a previous annexation. The annexation does not make the City boundaries more regular or leave unannexed gaps or islands of unannexed land. 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. Neutral. The proposed annexation is a relatively minor adjustment to the City limits to include a strip of land varying from ±20- to 30- feet wide that was not included with a previous annexation. Because it is a minor adjustment and does not include new parcels with new development potential, annexation will have no effect on the existing traffic circulation system. A very small portion of right of way for Kagy Blvd will be obtained through the annexation, see Term of Annexation 9. 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 20 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 13 of 29 limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Neutral. The proposed annexation is a relatively minor adjustment to the City limits to include a strip of land 10,247 square feet in size that was accidentally not included with a previous annexation of ±1.62-acres. As a correction of an initial survey error it appears reasonable to not rigorously apply the five acre preference. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion met. After annexation, the subject property will be bound to the provisions of 38.410.130. Section 38.410.030 requires evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts required will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement provides notice of this requirement, see Term of Annexation 5.c. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Neutral. The proposed annexation is a relatively minor adjustment to the City limits to include a strip of land varying from ±20- to 30- feet wide that was not included with a previous annexation. Because it is a minor adjustment and does not include new parcels with new development potential, annexation will have no significant effect on the City’s provision of clean treated water and sanitary sewer. See Term of Annexation 6 c and g. 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. Criterion met. Some of the right-of-way for Kagy Boulevard adjacent to the strip of land proposed for annexation has previously been dedicated to the City. A small additional portion will be provided with this annexation. The annexation map depicts an additional future 15’ street dedication along the south side of the existing right-of-way for Kagy Boulevard and a future 10’ public utility easement along the south side of the future street dedication, adjacent to an existing 10’ utility easement on the previously annexed land (Lot 1A, Minor Subdivision 503A). The recommended Terms of Annexation include requirements for provision of adjacent rights-of-ways or street easements. See Terms of Annexation, 8 and 9. 21 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 14 of 29 Dedicated streets or public street and utility easements provide locations for municipal water and sewer mains. Waivers of right to protest special improvement districts are included in Term of Annexation 4 for streets likely affected by the future development of the property. Special improvement districts are a means of funding larger infrastructure improvements over time and coordinating between multiple parties. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion met. The subject property is planned for Community Commercial Mixed Use. No change to the growth policy is required. The application includes a request for initial zoning of B-2 to match the zoning of the adjacent land previously annexed. See Section 6 - Zone Map Amendment portion of this report for analysis of the zone map amendment criteria. The City Commission will act on the zoning request at the same meeting as consideration of the annexation on August 3, 2021. 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. Criterion met. The property is designated “Community Commercial Mixed Use” on the future land use map. No growth policy amendment is required. The property is located adjacent to the existing City limits and within an area planned for urban development. For more information and discussion, see Section 6 of this report, Criterion A. 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. Criterion met. The property proposed for annexation requests a zoning designation of B-2 to match the zoning of the adjacent land previously annexed. See Section 6 - Zone Map Amendment section of this report for review of the zoning criteria. The Zoning Commission will hold a public hearing on July 26, 2021 to make a recommendation on the requested B-2 zoning. Note: The annexation and the placement of a zoning district designation on the property by the City does not guarantee immediately available services or approval of a specific development. Section 38.300.020.C of the Unified Development Code states: “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of 22 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 15 of 29 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 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion met. The applicant has requested B-2, Community Business District. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion met. Applicant has paid required application fees. 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. Criterion met. The primary access to the site is provided by West Kagy Boulevard, a paved City street. 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. Criterion met. Section 38.410.130 provides for deferral of transfer of water rights or payment in lieu until time of development through the annexation agreement. At this time, the details of future development needed to calculate the final demand for water are not available. Therefore, Term of Annexation 5.c to be included in the annexation agreement requires the land owner to consent to a future payment or other approved option when the necessary information is provided and development proposed. This typically occurs at the time of subdivision or site plan review depending on the nature of future 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. Criterion met. The area proposed for annexation is adjacent to the City, and the annexation would be a relatively minor adjustment to the City limits to include a strip of land varying from ±20- to 30- feet wide that was not included with a previous annexation. City emergency 23 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 16 of 29 services can be extended to the annexation area. The site is located within the City’s planned water and sewer service area. Future development will require extension of municipal water to support fire suppression and potable water. Because it is a minor adjustment and does not include new parcels with new development potential, annexation will have no significant effect on the City’s provision of services. 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. Neutral/not applicable. This policy is to address circumstances such as emergency connections to City sewer services due to a failed on-site septic system. No emergency connection is requested. The property owner is seeking annexation, and City services will be required to be provided concurrent with future development. 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. Criterion met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement as required by recommended Term of Annexation #2. Typically, this includes a digital copy containing the metes and bounds legal description of said property. 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. Criterion met. This annexation does not trigger immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times and amounts as required in ordinance. See Term of Annexation 5.k of the annexation agreement. Chapter 2, Article 6, Division 9 are the City’s impact fee regulations. 24 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 17 of 29 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. Criterion met. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle, and posted on the site as required under this policy. See Appendix A for more details. 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. Neutral. Per the recommended Terms of Annexation, which will require an annexation agreement in accordance with this policy, this policy will be implemented after the Commission acts on preliminary approval or denial of this application. As this is a future event, the action is not yet applicable. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion met. State law authorizes several methods of annexation. Title 7 Chapter 2 Part 46, MCA is one of those methods. Part 46 is annexation at the request of the landowner. This annexation is being processed under Part 46 provisions. As noted in Section 7-2-4609, Applicability of Part, when an annexation is processed under Part 46 only the provisions of Part 46 apply to the review. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Not applicable. No road improvement district is associated with any part of this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion met. The listed agencies were notified and provided copies of the annexation application materials on July 7th, 2021. 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 25 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 18 of 29 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. Criterion met. The strip of land proposed for annexation is not developed or connected to any on-site water or sanitary sewer systems. Recommended Term of Annexation #6 addresses future service connection requirements upon development. Section 6 of the annexation agreement executes the terms of annexation. SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form XX.XXX.XXX are to the Bozeman Municipal Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The application was initially submitted on April 2, 2021. On November 17, 2020, the City Commission adopted a new growth policy, the Bozeman Community Plan 2020, (BCP 2020) which replaced the prior growth policy. The following review examines the growth policy now in place and all references are to that document. The BCP 2020, Chapter 5, p. 73-78, in the section titled Review Criteria For Zoning Amendments And Their Application, discusses how the state required zoning criteria in 76- 26 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 19 of 29 2-304 MCA are applied locally. These criteria are presented and analyzed in this section of the report. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is to be accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to Chapter 3 discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” As shown on the future land use map available through the Community Development Viewer on the City’s website, the strip of land is designated as “Community Commercial Mixed Use”, and is surrounded by an area designated “Community Commercial Mixed Use”. The Community Commercial Mixed Use designation description reads: “The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non- automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area 27 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 20 of 29 or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following excerpts from Table 4, the proposed B-2 district is an implementing district of the Community Commercial Mixed Use category. The full table is provided in Appendix C. Based on the proposed B-2 district’s proper correlation with the future land use map category as an implementing district for Community Commercial Mixed Use. The zone map amendment is in accordance with the future land use map. Goals and Policies This section evaluates compliance with the goals and policies contained within the BCP 2020. The zone map amendment can be found to both accord to the BCP 2020 and implement the plan. Staff has found no conflict between the proposed zone map amendments and the Bozeman Community Plan 2020 and have found accordance between the amendments and the plan. Further, approval of the application may implement the BCP 2020 by acting to further the objectives of the plan. Considering this proposed annexation of a variable 20- to 30-foot wide strip of land is a minor adjustment to align with a property line, and would not include new parcels for new development, the proposed annexation is primarily neutral in terms of “implementing” the growth policy’s goals and policies. Approval of this proposal would be in accordance with the following goal and objectives of the Community Plan: Goal DCD-1: Support urban development within the City. 28 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 21 of 29 Objective DCD-1.11: Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. By being consistent with the future land use map as described above, the annexation would be in accordance with Objective RC-3.4, DCD-1.11, and support urban development within the City, thus being in accordance with Goal DCD-1. B. Secure safety from fire and other dangers. Criterion met. The property previously annexed and zoned B-2 is currently served by City of Bozeman Fire and Police Departments, and annexation of the narrow strip of land with City B-2 zoning would facilitate provision of these city services at the entire site. This site also has access to emergency services. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The zone change is not likely to adversely impact safety from fire and other dangers. C. Promote public health, public safety, and general welfare. Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. The annexation will fill in a small part of a wholly surrounded unannexed area which advances community priorities. Compliance with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well-being of the community as a whole. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 6, Criteria B, C, & D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site. 29 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 22 of 29 For example, at the time of annexation, the final intensity of development is unknown and it may be many years before development occurs and the impacts are experienced. The availability of other planning and development review tools must be considered when deciding the degree of assurance needed to apply an initial zoning at annexation.” The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with 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.” Annexation of the strip of land varying from ±20- to 30- feet wide that was not included with a previous annexation would facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements by including the entire project site. The area proposed for annexation is adjacent to the City, and the annexation would be a relatively minor adjustment to the City limits. The site is located within the City’s planned water and sewer service areas, and City emergency services can be extended to the annexation area. In addition, because it is a minor adjustment and does not include new parcels with new development potential, annexation will have no significant impact on the City’s provision of these services, but will facilitate the provision of services administratively by including the entire project site within the City limits. E. Reasonable provision of adequate light and air. Criterion met. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The B-2 district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, maximum building height, lot coverage, and setback requirements. The form 30 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 23 of 29 and intensity standards, Division 38.320, provide minimum lot areas lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion met. Annexation of the narrow strip of land that was not included with a previous annexation would have no substantive effect on motorized and non-motorized transportation systems. It is a minor adjustment and does not include new parcels with new development potential that would impact the transportation systems. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan P. 51) The City’s future land use map designates the strip of land as Community Commercial Mixed Use. This designation correlates with several zoning districts including the B-2 district proposed by the applicants, which has been developed by the City to promote appropriate urban growth compatible with the areas of the City as identified on the future land use map. Based on the land use map designation and correlating B-2 district in the plan and proposed by the applicants, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. H. Character of the district. Criterion met. Inclusion of the narrow strip of land into the City limits with B-2 zoning that was not included with a previous annexation and zone map amendment would have no effect on the character of the district because it is a minor change to the zoning map and does not include any changes to the text or include new parcels with new development potential that could change the character of the B-2 district. The area is presently agricultural but planned for urban uses. The annexation and zoning is a continuation of the planned urban development 31 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 24 of 29 for the area. The property to the east across 19th Avenue has recently been approved for subdivision for urban development. I. Peculiar suitability for particular uses. Criterion met. The annexation of the narrow strip of land and associated zone map amendment would enhance the suitability of the site for the intended uses by including the entirety of the project site in the City limits. J. Conserving the value of buildings. Neutral. The zone map amendment to include the strip of land in the B-2 district does not include any changes to the text or include new parcels with new development potential that could impact the value of any buildings. There are no buildings on the area being annexed and zoned. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion met. As stated above, the Bozeman Community Plan illustrates the most appropriate use of the land through the future land use map, which this application complies with by proposing a zone map amendment of the B-2 district that will continue to implement the future land use map designations. In this case, commercial and mixed-use development have been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections and review processes to ensure the land is developed in ways that are appropriate to a site’s context and according to the Bozeman Community Plan. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? Criterion met. The zone map amendment would only enhance the suitability of the site for the intended uses by including the entirety of the project site in the City limits, and because the project does not rezone new parcels with new development potential, approval of the zone map amendment would not introduce land uses significantly different than the 32 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 25 of 29 prevailing land uses in the area. The adjacent tract to the immediate east and areas to the northeast and northwest are zoned as B-2 which is the same as the requested zoning. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. The application is submitted by one landowner for a portion of a tract of record – a narrow strip to be added to a previous rezone. Division 38.260 Part 2 describes the process to request a zone map amendment and its review. Section 38.260.100 explicitly authorizes an individual landowner to initiate a zone map amendment. The BCP 2020 also discusses the initiation of zone map amendments. On page 72, the needed justification for a zone map change is discussed. It states that landowner preference, when coupled with compliance with the criteria established in statute, is sufficient to justify an 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 only one landowner would ‘benefit’ from the zone change, there is no reason to believe this would come at the expense of surrounding landowners or the general public. To the contrary, the BCP 2020 is an expression of the public’s desires for different types and scales of urban development throughout the City. The proposed zoning aligns with the Community Plan, and therefore would be to the benefit of the general public. It is important to note the zone map amendment is that of a narrow strip of land previously excluded in error from an earlier zone map amendment. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including 33 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 26 of 29 listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND Applicant Thomas Brown of Locati Architects, and representative Drew Kirsch of C&H Engineering and Surveying, Inc., seek to annex 10,247 square feet of land, including adjacent right-of-way and utility easements, owned by Steven R. Aaker and Daniel Hitchcock into the Bozeman Municipal Boundary and zone the land City of Bozeman B-2 (Community Business District), which is currently zoned Gallatin County A-S (Agricultural Suburban). The subject property is located west of 19th Avenue at 2025 W. Kagy Avenue, Bozeman, MT. The proposed annexation is a relatively minor adjustment to the City limits to include a 10,247 square foot strip of land varying from ±20- to 30- feet wide that was not included with a previous annexation of ±1.62-acres. The Bozeman Community Plan designates the property as “Community Commercial Mixed Use”. The proposed B-2 zoning district is in accordance with the Community Plan designation. Urban utilities and services are available. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice of the application and public hearings was published in the Bozeman Daily Chronicle on July 11th and 25th, 2021. Notice was sent via first class mail to adjacent landowners on July 10, 2021 and posted on the property on July 9, 2021. No public comments have been received to date. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Community Commercial Mixed Use” in the Bozeman Community Plan. The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should 34 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 27 of 29 include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of City of Bozeman B-2 (Community Business District) in association with the annexation of the property. The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit. Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. The red boxes indicate the applicability of this proposed ZMA, illustrating how the proposed B-2 district correlates with its Community Commercial Mixed Use designation of the Future Land Use Map: 35 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 28 of 29 36 21152 Staff Report for the University Crossing Apartments Annexation and Zone Map Amendment Page 29 of 29 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Steven R. Aaker and Daniel Hitchcock, 1658 Deer Mountain Circle, Broomfield, CO, 80023-9450 Applicant: Thomas Brown, Locati Architects, 1007 East Main, Bozeman, MT, 59715 Representative: Drew Kirsch, C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT, 59718 Report By: Chris Saunders, Community Development Manager FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials are at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=235476 37 38 Drew Kirsch39 40 41 42 UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING ANNEXATION AND INITIAL ZONING SECTION ONE: GOALS 1. The City of Bozeman encourages annexations of land contiguous to the City. The property is contiguous to the City. 2. The City encourages all areas that are totally surrounded by the City to annex. The property is contiguous to the City on three of four sides. It is not totally surrounded. 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. No water services are currently stubbed in to the property. Water main extensions with domestic and fire services are proposed with the proposed site plan. It is within fire- fighting distance of a City fire hydrant and adjacent to a City sanitary sewer main. 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 lies within the existing service area of the City’s municipal water and sewer systems. 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 lies within the Community Commercial Mixed Use (CCMU) land use area on the Future Land Use Map of the Bozeman Community Plan (2020). 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 annexation of the subject property will smooth out a jagged section of the city limits. 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 annexation of the subject property is likely to enhance existing traffic circulation with the required dedication of the full Kagy Boulevard right-of-way at full build-out. 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 property is 0.235 acres that will be added to Lot 1A, Minor Subdivision 503A. The need for connection to City services and the factors outlined above make it a good candidate for annexation although it is less than the preferred 5 acre minimum. 9. The City seeks to obtain water rights adequate for future development of the property with annexation. Sec. 38.410.130.C.5 BMC allows deferral of CILWR for commercial uses until the time of site plan. Given the particular water use details of the future development aren’t known at this point, the deferral is the best path to take with the annexation. 43 UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING 10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. The subject property will be served by existing City water and sewer mains located in the Kagy Boulevard Right of Way. SECTION TWO: POLICIES 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 existing and proposed right-of-way dedications are shown on the Annexation and Initial Zoning Maps. All applicable easements and waivers will be completed. 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. No issues pertaining to master planning and zoning are anticipated at this time. 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 subject property is designated in the Bozeman Community Plan as Community Commercial Mixed Use. The proposed B-2 zoning complies the current Community Plan. 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 subject property is proposed to be B-2 zoning classification. 5. The applicant must indicate their preferred zoning classification as part of the annexation petition. The subject property is proposed to be B-2 zoning classification. 6. Fees for annexation processing will be established by the City Commission. This is understood. 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. The subject property is fronted on the north by Kagy Boulevard, a paved City street. The primary proposed access will likely be by means of the existing drive access to the east. No new roads are proposed to access the property. 44 UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING 8. Prior to annexation of property, the City will require the property owner to acquire adequate and useable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Sec. 38.410.130.C.5 BMC allows deferral of CILWR for commercial uses until the time of site plan. Given the particular water use details of the future development aren’t known at this point, the deferral is the best path to take with the annexation. 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 water and sewer mains already exist in the adjacent road right-of-way (Kagy Boulevard). Water and Sewer Mains are proposed to serve the proposed development. 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. This is not applicable to the annexation request presented with this application. 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. A map entitled “University Crossing 2 Annexation Map” is included with this application. 12. The mapping may be waived by the Director of Public Works. A map entitled “University Crossing 2 Annexation Map” is included with this application. 13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. This is understood. 45 UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING 14. 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. This is understood. 15. 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 is understood. 16. When possible, the use of Part 46 annexations is preferred. This annexation application is proposing the use of Part 46. 17. Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. This is understood. 18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. This is understood. 19. 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. This is understood. The property is undeveloped and no septic system or well currently exists. INITIAL ZONING PROJECT NARRATIVE A. Is the new zoning designation in accordance with the growth policy? How? Yes. According to the Bozeman Community Plan (2020) on Future Land Use Map, the subject property is designated “Community Commercial Mixed-use”. The proposed community business district (B-2) zoning falls under this category. The proposed B-2 zoning will blend with the surrounding B-2 and R-O. B. Will the new zoning secure safety from fire and other dangers? How? 46 UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING Yes. The subject property is 1.2 miles (6-minute drive) from Bozeman Fire Station 2. There are existing fire hydrants located on the properties to the east and north. Additional hydrants are proposed along Kagy Boulevard to the north. Zoning the subject property B-2 will not have any anticipated negative effects on the fire safety for the property. There are no other anticipated dangers associated with the lot. C. Will the new zoning promote public health, public safety and general welfare? How? Yes. The B-2 zoning designation will allow for development that will blend with the existing lots that border the property. Public health will be improved by connecting to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. Additionally, stormwater will be treated and detained on site, which reduces the strain on existing city stormwater infrastructure. The right-of-way dedication along Kagy Boulevard will provide adequate room for improvements to Kagy Boulevard, increasing vehicle and pedestrian safety. D. Will the new zoning facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements? How? Yes. Existing and proposed City water and sanitary sewer mains will be utilized for the development of the subject property. The Kagy Boulevard right-of-way will facilitate adequate provision transportation. E. Will the new zoning provide reasonable provision of adequate light and air? How? The proposed zoning will allow development at a similar density to the adjacent parcels. This will ensure adequate light and air for the current tenants in buildings to the north and east. F. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? Yes. The new zoning is likely to increase both non-motorized and motorized transportation in the area. Development of the property will require a Traffic Impact Study, or a waiver of Traffic Impact Study from the City of Bozeman Engineering Department. G. Does the new zoning promote compatible urban growth? How? Yes. The new zoning promotes growth directly adjacent to the city boundary, and a principal arterial street. The location of this development prevents islands of disconnected growth. H. Does the new zoning promote the character of the district? How? 47 UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING Yes. The new B-2 zoning aligns with the character of the district, which includes areas also zoned B-2. I. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Yes. The B-2 zoning of the property perpetuates the suitability of the area for particular uses. J. Was the new zoning adopted with a view to conserving the values of buildings? How? Yes. There are currently no buildings on the property. Required setbacks for development of the property will be met. K. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Yes, the new zoning encourages the most appropriate use of land as it matches the existing growth plan. 48 49 50 51 ANNX ANNEXATION APPLICATION CHECKLIST ANNEXATION APPLICATION PROCEDURE Annexation is the process of expanding the boundaries of a city. This handout provides details for the application requirements to submit to annex a property. The following goals and policies are hereby established for the consideration of annexations to the City of Bozeman in Resolution No. 5076. Ensure that your narrative acknowledges them in your submittal. SECTION ONE: GOALS 1. The City of Bozeman encourages annexations of land contiguous to the City. 2. The City encourages all areas that are totally surrounded by the City to annex. 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. 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. 5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. 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. 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. 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. 9. The City seeks to obtain water rights adequate for future development of the property with annexation. 10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. SECTION TWO: POLICIES 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. 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. 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. 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. 5. The applicant must indicate their preferred zoning classification as part of the annexation petition. 6. Fees for annexation processing will be established by the City Commission. 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. 8. Prior to annexation of property, the City will require the property owner to acquire adequate and useable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. 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. Annexation Application Checklist Page 1 of 3 Revision Date: April 2021 52 ANNEXATION APPLICATION CHECKLIST ANNEXATION APPLICATION CHECKLIST 1. Complete and signed development review application form A1. 2. All materials must be a JPEG or PDF. No individual files will be accepted that are larger than 20 MB. Files that are larger must be broken down into smaller files. Ensure that layers are flattened. 3. The digital copies must be separated into two categories: Documents and Drawings. a. The Documents folder should include items such as application forms, narrative, response to City comments, supplemental documents, technical reports, easements, legal documents, etc. b. The Drawings folder should include items such as site plans, civil plans, landscape plans, photometric plans, elevations, etc. All drawing files must be drawn and formatted for a 24” x 36” sheet file or 11” x 17” sheet file. Plan pages shall be properly oriented in landscape mode. 4. Naming protocol. Each individual document or drawing sheet must have a proper name and date. Ensure that each file name isn’t too long, doesn’t have any spaces (use capital letters to delimit words), and includes the name of the item. a. Documents should be labeled as such: CONRApplication_05232020, Narrative_05232020 or StormwaterReport_05232020 b. Drawing sheets are required to be listed individually and in sequential order. 5. Project narrative describing the project type and proposed use scope. Ensure to include questions asked above in the narrative. 6. Complete and signed property adjoiners certificate form N1 and materials. 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. 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. 12. The mapping may be waived by the Director of Public Works. 13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. 14. 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. 15. 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. 16. When possible, the use of Part 46 annexations is preferred. 17. Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. 18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. 19. 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. Annexation Application Checklist Page 2 of 3 Revision Date: April 2021 53 ANNEXATION APPLICATION CHECKLIST APPLICATION FEE For most current application fee, see Schedule of Community Development fees. Fees are typically adjusted in January. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street PO Box 1230 Bozeman, MT 59715 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net/planning CERTIFICATION AND SIGNATURES I (We), the undersigned, hereby certify that the information contained in this application is true and correct to the best of my (our) knowledge. _______________________________________________________________________________ ________________ Property Owner’s Signature(s) Date State of _____________________________ County of ____________________________ On this ______________ date of _________________, 20__, before me, a Notary Public and the State of _______________, personally appeared ___________________________________________________________________, known to me to be the person(s) whose name(s) is(are) subscribed to the above instrument and acknowledge to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the date and year first above written. _______________________________________________________ Notary Public for State of __________________________________ Residing at ______________________________________________ My Commission Expires ___________________________________ ANNEXATION MAP REQUIREMENTS 1. Include an exhibit of the property to be modified. Provide existing County zoning designation and the proposed zoning designation clearly labeled. The exhibit should include the legal limits of the property and size in square feet and acreage. If adjacent to a right-of-way, the annexation must include the full width of the right-of-way per 7-2-4211 MCA. 2. Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet. 3. Scale, north arrow and date of preparation. 4. Subject property well defined. 5. Land use pattern of surrounding area. 6. Existing zoning of the surrounding property. 7. Boundaries of proposed zoning (if more than one designation being requested) well defined. 8. Proximity of all existing and proposed water and sewer mains and extension. 9. Location of all existing structures on the subject property. 10. Adjacent streets and street right-of-ways. 11. Water bodies and wetlands. REQUIRED FORMS A1, ANNX, ZMA, N1, GPA (if changing growth policy designation) Annexation Application Checklist Page 3 of 3 Revision Date: April 2021 54 ZMA ZONE MAP AMENDMENT CHECKLIST ZONE MAP AMENDMENT APPLICATION PROCEDURE A Zone Map Amendment (ZMA), requests a change of zoning to an existing parcel or as part of an annexation to a property that requires a zoning designation. If the rezone is part of an annexation, this handout provides details for the application requirements required to rezone a property. ZMA APPLICATION CHECKLIST 1. Complete and signed development review application form A1. 2. All materials must be a JPEG or PDF. No individual files will be accepted that are larger than 20 MB. Files that are larger must be broken down into smaller files. Ensure that layers are flattened. 3. The digital copies must be separated into two categories: Documents and Plans. a. The Documents folder should include items such as application forms, narrative, response to City comments, supplemental documents, technical reports, easements, legal documents, etc. b. The Plans folder should include items such as site plans, civil plans, landscape plans, photometric plans, elevations, etc. All drawing files must be drawn and formatted for a 24” x 36” sheet file or 11” x 17” sheet file. Plan pages shall be properly oriented in landscape mode. 4. Naming protocol. Each individual document or plan sheet must have a proper name and date. For example a document might be labeled “CONR application 04-01-2021”. 5. Complete and signed property adjoiners certificate form N1 and materials. 6. Project narrative including a detailed response to the following: a. Is the new zoning designed in accordance with the growth policy? How? b. Will the new zoning secure safety from fire and other dangers? How? c. Will the new zoning promote public health, safety and welfare? How? d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements? How? e. Will the new zoning provide reasonable provision of adequate light and air? How? f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How? g. Does the new zoning promote compatible urban growth? How? h. Does the new zoning promote the character of the district? How? i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? j. Was the new zoning adopted with a view of conserving the values of buildings? How? k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Zone Map Amendment Page 1 of 2 Revision Date: April 2021 ZMA DISCLAIMER As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. The information, or argument, is necessary to make a decision. Statements supporting the application must identify goals and objectives of the Growth Policy advanced by the proposed change. Conclusory statements are not arguments for a proposed change. Your argument is critical to the success or failure of your application. Please refer to example findings to help inform your analysis. Be aware your application will be analyzed against spot zoning and is a primary component of the public review. You may wish to comment to ensure your request is successful and defensible. 55 ZMA APPLICATION CHECKLIST CERTIFICATION AND SIGNATURES I (We), the undersigned, hereby certify that the information contained in this application is true and correct to the best of my (our) knowledge. _______________________________________________________________________________ ________________ Property Owner’s Signature(s) Date State of _____________________________ County of ____________________________ On this ______________ date of _________________, 20__, before me, a Notary Public and the State of _______________, personally appeared ___________________________________________________________________, known to me to be the person(s) whose name(s) is(are) subscribed to the above instrument and acknowledge to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the date and year first above written. _______________________________________________________ Notary Public for State of __________________________________ Residing at ______________________________________________ My Commission Expires ___________________________________ APPLICATION FEE For most current application fee, see Schedule of Community Development fees. Fees are typically adjusted in January. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street PO Box 1230 Bozeman, MT 59715 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net/planning REQUIRED FORMS A1,N1, ANNX (if property is being annexed into City) Zone Map Amendment Page 2 of 2 Revision Date: April 2021 ZMA MAP REQUIREMENTS 1. Include an exhibit of the property to be modified. Provide existing zoning designation and the proposed zoning designation clearly labeled. The exhibit should include the legal limits of the property and size in square feet and acreage. If adjacent to a right-of-way, the zoning should extend to the centerline of the right of way. 2. Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet. 3. Scale, north arrow and date of preparation. 4. Subject property well defined. 5. Existing zoning of the surrounding property, including County zoned properties if applicable. 6. Boundaries of proposed zoning (if more than one designation being requested) well defined. 7. Proximity of all existing and proposed water and sewer mains and extension. 8. Location of all existing structures on the subject property. 9. Adjacent streets and street right-of-ways. 10. Water bodies and wetlands. 56 57 58 RETURN RECORDED DEED TO: Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231 UTILITY EASEMENT Steven R Aaker, of 15658 Deer Mountain Circle, Broomfield, CO 80023, the GRANTOR, in consideration of $1.00 and for other good and valuable consideration, receipt of which is hereby acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual utility easement for the use of each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, through and across a strip of land 10 feet wide situated in Gallatin County, Montana, to be located on the following described real property: Lot 2A, Minor Subdivision No. 191-B, and located in the Southeast Quarter of Section 14, T. 2 S., R. 5 E. of P.M.M., Gallatin County, Montana. The easement is more particularly shown and dimensioned on the attached Exhibit A, which by this reference is made a part of this document. The GRANTOR states that it possesses the real property described above and that it has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. 59 The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. DATED this ______ day of _____________________, 2021. GRANTOR: __________________________________ Steven R. Aaker STATE OF COLORADO ) ) ss. County of ____________ ) This instrument was signed or acknowledged before me this ____ day of __________________, 2021, by Steven R. Aaker. (SEAL) ____________________________________ Notary Public for the State of Colorado Printed Name: ________________________ Residing at My Commission Expires _____/ /20 60 DATED this ______ day of _____________________, 2021 ACCEPTED - CITY OF BOZEMAN _____________________________________ By: Jeff Mihelich, its City Manager ATTEST: By: Mike Maas, its City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ___________________, 2021, before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana Printed Name: ________________________ Residing at My Commission Expires / /20___ G:\C&H\21\210228\Annexation And Zoning\Easements And Waivers\10 Ft. Wide Utility Easement.Doc 61 62 RETURN RECORDED DEED TO: Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231 PUBLIC STREET AND UTILITY EASEMENT Steven R Aaker, 15658 Deer Mountain Circle, Broomfield, CO 80023, the GRANTOR, in consideration of one dollar and other good and valuable consideration, receipt of which is acknowledged, does hereby grant to City of Bozeman, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of the State of Montana, GRANTEE, its successors and assigns, a perpetual street and utility easement for the use of the public, in, through, over and across a strip of land 15.00 feet wide situated in Gallatin County, Montana, to be located on the following described real property: Lot 2A, Minor Subdivision No. 191-B, and located in the Southeast Quarter of Section 14, T. 2 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly shown and dimensioned on the attached Exhibit A, which by this reference is made a part of this document. The GRANTOR states that he possesses the real property described above and that he has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties 63 hereto. DATED this ______ day of _____________________, 2021. GRANTOR: Steven R. Aaker __________________________________ Steven R. Aaker STATE OF COLORADO ) ) ss. County of ____________ ) This instrument was signed or acknowledged before me this ____ day of __________________, 2021, by Steven R. Aaker. (SEAL) ____________________________________ Notary Public for the State of Colorado Printed Name: ________________________ Residing at My Commission Expires _____/ /20 64 DATED this ______ day of _____________________, 2021. ACCEPTED - CITY OF BOZEMAN _____________________________________ By: Jeff Mihelich, its City Manager ATTEST: By: Mike Maas, its City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ___________________, 202__, before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana Printed Name: ________________________ Residing at My Commission Expires / /20___ G:\C&H\21\210228\Annexation And Zoning\Easements And Waivers\15 Ft. Wide Public Road And Utility Easement.Doc 65 66 Page 1 of 2 Adjoining Property Owners: MINOR SUB 191, S14, T02 S, R05 E, Lot 2A, ACRES 97.388 GENESIS BUSINESS PARK OWNERS ASSOCIATION PO BOX 472 BOZEMAN, MT 59771-0472 GENESIS BUSINESS PARK SUB, S23, T02 S, R05 E, Lot 1, Lots 8A, 10A, 12A, PLAT J-284 CONTIGUOUS GRACE BIBLE CHURCH LIMITED OF BOZEMAN 3625 S 19TH AVE BOZEMAN, MT 59718-9108 S23, T02 S, R05 E, C.O.S. 1969, TRACT 1 NE4 17.01AC CONTIGUOUS ANNEX OF BOZEMAN LLC 409 MASSACHUSETTS AVE STE 300 INDIANAPOLIS, IN 46204-1599 KAGY CROSSROADS SUB, S14, T02 S, R05 E, BLOCK 1, Lot 1, ACRES 2.5, PLAT J-328-A CONTIGUOUS STOCKMAN BANK OF MONTANA PO BOX 250 MILES CITY, MT 59301-0250 KAGY CROSSROADS SUB, S14, T02 S, R05 E, BLOCK 1, Lot 4 - 5, ACRES 2.242, PLAT J-328-A LESS HWY RIGHT OF WAY CONTIGUOUS KAGY CROSSROADS LLC PO BOX 10504 BOZEMAN, MT 59719-0504 KAGY CROSSROADS SUB, S14, T02 S, R05 E, BLOCK 3, Lot 1, ACRES 2.788, PLAT J-328-A CONTIGUOUS 19TH CAPITAL GROUP LLC 19 LARIAT LOOP BOZEMAN, MT 59715-9200 MINOR SUB 503, S14, T02 S, R05 E, Lots 1, 2, & 3 CONTIGUOUS SPANISH PEAK APARTMENTS LLC 3424 E US HIGHWAY 12 HELENA, MT 59601-9708 KAGY CROSSROADS SUB, S14, T02 S, R05 E, BLOCK 2, Lot 3, ACRES 1.868, PLAT J-328-A CONTIGUOUS RTR HOLDINGS II LLC 22 TURTLE ROCK CT TIBURON, CA 94920-1300 SOUTH UNIVERSITY DISTRICT PH 2 MINOR SUB, S24, T02 S, R05 E, Lot 2, ACRES 74.87, PLAT J-605 NOT CONTIGUOUS ALLIED BUILDING LLC 32 DISCOVERY DR BOZEMAN, MT 59718-6958 GENESIS BUSINESS PARK SUB, S23, T02 S, R05 E, Lot 2, ACRES 0.9, PLAT J-284 NOT CONTIGUOUS SPIRE HOLDINGS LLC 626 E DAVIS ST BOZEMAN, MT 59715-3716 GENESIS BUSINESS PARK SUB, S23, T02 S, R05 E, Lot 18, (AGGREGATE LOTS 18 & 19 PLATS J- 284B & J-284) CONTIGUOUS BENNETT MARSHALL & C LUZANN 5532 STUCKY RD BOZEMAN, MT 59718-9036 S23, T02 S, R05 E, C.O.S. 2725, TRACT 2 N2 23.80AC, Parcel 1&2 CONTIGUOUS RAFFETY MILDRED M TRUST 901 LYNN RD HELENA, MT 59602-7027 S23, T02 S, R05 E, NE4NE4NW4 10.1AC LESS R W CONTIGUOUS MONTANA STATE UNIVERSITY CULBERTSON HALL BOZEMAN, MT 59717 S14, T02 S, R05 E, C.O.S. 1245, PARCEL B, ACRES 21.416, LESS COS 1245A and S14, T02 S, R05 E, C.O.S. 2729, ACRES 82.614, EAST POR TRACT B IN SD 7C-08(RGG62458 IN SD 7R-41) CONTIGUOUS KAGY VILLAGE CONDO PH 1 MASTER (SEE OWNERS BELOW) KAGY VILLAGE CONDO, S14, T02 S, R05 E, KAGY CROSSROADS SUB LOTS 1, 2 & 3 BLK 2 PLAT J- 328 PLUS OPEN SPACE CONTIGUOUS RUNNERS, LLC PO BOX 5005 BOZEMAN, MT 59717-5005 KAGY VILLAGE CONDO, S14, T02 S, R05 E, BUILDING A, UNIT A1 MONTANA MOVEMENT ARTS CENTER LLC PO BOX 786 BOZEMAN, MT 59771-0786 KAGY VILLAGE CONDO, S14, T02 S, R05 E, BUILDING A, UNIT A2-1 D.J. WOODY PROPERTIES LLC 9005 SYPES CANYON ROAD BOZEMAN, MT 59715 KAGY VILLAGE CONDO, S14, T02 S, R05 E, BUILDING A, UNIT A2-2 & A3 67 Page 2 of 2 SHADETREE MT LLC 88 SADDLE CREEK RD BOZEMAN, MT 59715-8101 KAGY VILLAGE CONDO, S14, T02 S, R05 E, BUILDING B, UNIT B1, B2, & B3 WENDELL DANIEL E & EVA M. 2251 W KAGY BLVD STE C1 BOZEMAN, MT 59718-5939 KAGY VILLAGE CONDO, S14, T02 S, R05 E, BUILDING C, UNIT C1 PREGNANCY CARING CENTER OF GALLATIN VALLEY - ZOECARE 2251 W KAGY BLVD UNIT C2 BOZEMAN, MT 59718-5939 KAGY VILLAGE CONDO, S14, T02 S, R05 E, BUILDING C, UNIT C2 400 MARION INC PO BOX 206 BOZEMAN, MT 59771-0206 KAGY VILLAGE CONDO, S14, T02 S, R05 E, UNIT D1 KROPP KAREN L REV LIV TR AGR DTD 12/6/1 KROPP KAREN L TRUSTEE 134 E TOBIANO TRL BELGRADE, MT 59714-9736 KAGY VILLAGE CONDO, S14, T02 S, R05 E, UNIT F1 & F2 G:\c&h\21\210228\Annexation and Zoning\Annexation and Zoning Maps\City Adjoiners - 210228 - MINOR SUB 191.doc 68 69 70 71 Memorandum REPORT TO:Zoning Commission FROM:Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:Gran Cielo Subdivision Phase 2 Zone Map Amendment, Amendment of the City Zoning Map on 9.01 Acres to Change from R-4 High Density Residential District to a Zoning Designation of R-5 Residential Mixed-Use High Density District, Located South of Stucky Road, West of South 27th Avenue, and north of Bennett Boulevard, Application 21095. MEETING DATE:July 26, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Recommended Zoning Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report for application 21095 and move to recommend approval of the Gran Cielo Subdivision Phase 2 Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:See the attached staff report UNRESOLVED ISSUES:None. ALTERNATIVES:As identified in the Staff Report FISCAL EFFECTS:None. Attachments: 21095 Gran Cielo Ph. 2 ZMA_staff_report ZC 7-15-21.pdf 21095 Gran Cielo Ph 2 ZMA Application Materials.pdf Report compiled on: July 15, 2021 72 Page 1 of 17 21095 Staff Report for the Gran Cielo Subdivision Phase 2 Zone Map Amendment Public Hearing: Zoning Commission meeting is on July 26, 2021 City Commission meeting is on August 3, 2021 Project Description: Amendment of the City Zoning Map on 9.01 acres to change from R-4 High Density Residential District to a zoning designation of R-5 Residential Mixed- Use High Density District. Project Location: South of Stucky Road, west of South 27th Avenue, and north of Bennett Boulevard, legally described as Parcel 3 of Certificate of Survey 2725 located in the Section 23, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Meets standards for approval with contingencies. Recommended Zoning Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report for application 21095 and move to recommend approval of the Gran Cielo Subdivision Phase 2 Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby move to adopt the findings presented in the staff report for application 21095 and move to approve the Gran Cielo Subdivision Phase 2 Zone Map Amendment with recommended contingencies required to complete the application processing. Report: July 16, 2021 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. 73 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 2 of 17 Unresolved Issues None. Project Summary The City reviews applications for zone map amendments as they are submitted by the landowner. The landowner submitted an application to rezone a single parcel and adjacent rights-of-way of South 27th Avenue, Bennet Boulevard, South 29th Avenue, and Apex Drive. The property is currently undeveloped but is part of an approved phased subdivision. The purpose of zone map amendment (ZMA) review is to evaluate the 11 criteria established in state law for modifying the City’s zoning map. Review of the zoning criteria is guided by the policies for zoning review set by the City Commission in the Bozeman Community Plan 2020, pages 71-78. Setting a zoning district establishes the development standards applicable to a particular area. Most of the City’s development standards, such as park development standards, access to municipal utilities, and street configurations are uniform across all zoning districts. The ZMA process includes two public hearings to receive public input applicable to the identified criteria. The application proposes a zoning designation of R-5 Residential Mixed-Use High Density District to facilitate future urban scale development. The zone map amendment application does not authorize any construction. Prior to any further development of the site, a site plan must be submitted, reviewed against all applicable development criteria, and approved. Any development proposal must demonstrate compliance with City standards and adequate infrastructure (such as streets, water, parks, and sewer) to meet needs of the development. Alternatives 1. Approve the application and associated ordinance with contingencies as presented; 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. 74 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 3 of 17 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 6 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7 Zone Map Amendment ....................................................................................................... 7 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 7 Spot Zoning Criteria ......................................................................................................... 12 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 13 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 14 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 15 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 15 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 16 FISCAL EFFECTS ................................................................................................................. 17 ATTACHMENTS ................................................................................................................... 17 75 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 4 of 17 SECTION 1 - MAP SERIES Vicinity Map - 2018 Aerial Photo Insert Project Vicinity Map from growth policy Insert additional maps as needed Vicinity Map Subject property 76 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 5 of 17 Growth Policy Future Land Use Map – note the Urban Neighborhood designation Subject property 77 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 6 of 17 Current Zoning Map SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. All documents and exhibits necessary to establish a municipal zoning designation must be identified as the “Gran Cielo Phase 2 2021 Zone Map Amendment”. 2. That the applicant must submit a Zone Amendment map, titled “Gran Cielo Phase 2 2021 Zone Map Amendment.” The map must be supplied as 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. Subject property 78 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 7 of 17 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted, subject to the contingencies provided in Section 2 (above). The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Zoning Commission will hold a public hearing on this ZMA on July 26, 2021 and will forward a recommendation to the Commission on the Zone Map amendment. The meeting will be held using WebEx. Instructions for joining the meeting are included on the agenda published on the City website. The meeting will begin at 6 p.m. The City Commission will hold a public hearing on the zone map amendment on August 3, 2021. The meeting will be held using WebEx. Instructions for joining the meeting are included on the agenda published on the City website. The meeting will begin at 6 p.m. SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory board and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. 79 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 8 of 17 In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The Bozeman Community Plan 2020 includes a Future Land Use Map providing 10 land use categories to illustrate and guide the intent, type of use, density, and intensity of future development. The map depicts the best long term development types and uses from the City’s perspective. The Future Land Use Map designates the subject property and much of the surrounding area as “Urban Neighborhood”. The Urban Neighborhood land use designation provides for urban density homes in a variety of types, shapes, sizes, and intensities where large areas of any single type of housing are discouraged. It also promotes complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood- serving commercial activity centers that could facilitate the provision of services and employment opportunities without requiring the use of a car. Zoning districts that correlate with the Urban Neighborhood designation include the current R-4 Residential High Density District and the proposed R-5 Residential Mixed-Use High Density District, among others. The existing R-4 zoning district provides for high-density residential development through a variety of housing types with associated service functions, as well as allowing office use as a secondary use. This zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. The proposed R-5 zoning district provides for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of residents. The R-5 district provides for a mixture of housing types and allows offices and small scale retail and restaurants as secondary uses provided that special standards are met to ensure compatibility. The primary differences between the R-4 and R-5 districts are the R-5 district allows a greater variety of land uses such as small scale neighborhood commercial and has fewer and more relaxed form and intensity requirements for residential uses. This means residences within the R-5 district can be developed at a more intensive urban scale, with smaller minimum lot area per dwelling, higher percentage of allowable lot coverage, higher maximum building heights, etc., than the R-4 district. The project site is less than 700 feet from the Community Commercial Mixed Use node west of 19th and on either side of Stucky Road. 80 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 9 of 17 The proposal to rezone the property to R-5 is in alignment with several goals, objectives, and actions of the growth policy, as follows: N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. N-3.7 Support compact neighborhoods, small lots sizes, and small floor plans, especially through mechanisms such as density bonuses. DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. EE-1.3 Continue to facilitate live/work opportunities as a way to support small, local businesses in all zoning districts. In summary, the proposed R-5 zoning district is in accordance with the growth policy because it complies with the Future Land Use Map and would help to implement several of the Bozeman Community Plan 2020 goals, objectives and actions. B. Secure safety from fire and other dangers. Criterion met. The subject property is located within the City limits where future development will be served by City of Bozeman Fire, Police, and Public Works Departments. Development of the property will be required to conform to all City of Bozeman public safety, building, and land use requirements, which will ensure this criterion is met. The change to R-5 is not likely to adversely impact safety from fire or other dangers. C. Promote public health, public safety, and general welfare. Criterion met. Future development of the site will require site plan review and compliance with the City’s Unified Development Code (UDC). The UDC ensures the promotion of public health, safety and general welfare by ensuring safe access is provided, fire hydrants are installed, and other improvements are made in accordance with City requirements. The proposed amendment does not put undue burden on municipal services, emergency response capability, or similar existing requirements. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The subject property is serviced by an extension of South 27th Avenue as well as the future installation of Bennett Boulevard, South 29th Street, and Apex Drive. Site plan review, in addition to City impact fees, will ensure adequate transportation facilities, water, sewer, and parks and trails will be provided. The application states parkland for the entire 81 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 10 of 17 Gran Cielo Subdivision was dedicated and constructed with the initial Phase 1. Staff confirms this has been completed. The application indicates the subject property falls within the Hyalite Elementary School, Sacajawea Middle School, and Bozeman High School District boundaries. As of this writing, no comment has been received from school officials. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service made necessary by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in Unified Development Code Section 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” E. Reasonable provision of adequate light and air. Criterion met. The City’s Unified Development Code includes requirements for providing adequate light and air including maximum building height and setback requirements and building design standards. Future development of the property will be subject to these requirements. The building codes further address air and light. F. The effect on motorized and non-motorized transportation systems. Criterion met. South 27th Avenue, which is classified as a collector, provides access to the property from the north and east. Bennett Boulevard to the south, South 29th Avenue to the west, and future Apex Drive to the north would provide connectivity to the property from the City’s street network. Although upzoning the property will allow for greater density and intensity of development which will result in additional demands on the City’s transportation system, under Bozeman’s Unified Development Code, new development is required to provide adequate motorized and non-motorized transportation facilities including streets and sidewalks. Additionally, the preliminary plat approval for the Gran Cielo Subdivision 82 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 11 of 17 required waiving the right to protest the creation of future special improvement districts and participation in funding of future infrastructure improvements that may be required to offset impacts created by development of the property. G. Promotion of compatible urban growth. Criterion met. At the time of this writing, the property is undeveloped but is planned to support urban scale residential and possibly mixed-use development. The proposal to rezone the property to R-5 is in alignment with the Urban Neighborhood designation of the Bozeman 2020 Community Plan Future Land Use Map, as well as several goals, objectives, and actions of the plan. The R-5 district allows land uses that are compatible with the zoning of the surrounding area. The Unified Development Ordinance includes building and site design standards that will be applied when development is proposed to lessen potential impacts to surrounding residents and to ensure compatibility. The property to be rezoned is wholly surrounded by streets which provide a physical separation and buffer between the site and adjacent properties. H. Character of the district. Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. The property is currently zoned R-4, which allows for a similar set of land uses as the proposed R-5, albeit at lesser scale and intensity. Application of any municipal zoning district to the subject property will alter the existing character of the subject property, which is open land planned for urban development in a quickly growing area. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible 83 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 12 of 17 development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in R-5 to be compatible with adjacent development and uphold the residential character of the area. I. Peculiar suitability for particular uses. Criterion met. The Urban Neighborhood growth policy designation applies not only to the subject property, but also most of the surrounding area. Careful planning and deliberation went into crafting the Future Land Use Map, which guides development of the City as it grows both inward and outward. Through careful planning, City officials deemed this area to be particularly suitable for urban-scale residential and complementary mixed-use development in a variety of types, shapes, sizes, and intensities, including the types and scales of development allowed under the R-5 zoning district. Rezoning the property to R-5 will enable future development to implement the Urban Neighborhood vision created by the drafters of the Future Land Use Map. J. Conserving the value of buildings. Neutral. There are no buildings on the property today that would be impacted by the zone change. However, Future Land Use Map provides for community commercial mixed-use development a short distance to the east. Smaller scale commercial development will benefit from the additional residents that can be accommodated under the R-5 zoning, which should have the effect of making local commercial businesses more viable and vital due to a larger customer base. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion met. Through careful deliberation and planning and with extensive public input, the growth policy drafters decided this area of Bozeman is most appropriate for urban scale residential development with complementary land uses. The R-5 zoning district will help to promote that vision by allowing several types of housing with limited, complementary commercial and supportive land uses. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. 84 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 13 of 17 Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? Criterion not met. The City’s R-4 district abuts the property to the north and west while the R-3 district abuts the property to the south. The proposed R-5 district allows for the same land uses as the neighboring R-4 district, while also allowing small-scale restaurants and retail on street corner sites within mixed-use buildings. The R-3 district is more restrictive, but also provides for a variety of residential building types. Therefore, the suite of land uses allowed in the R-5 district is not significantly different from the uses allowed in the surrounding area. The property to the east is not yet annexed but is planned for future urban residential development. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Criterion met. Only one property is proposed for rezoning. This property is owned by one landowner, Bozeman Haus, LLC, which would be the only landowner to directly benefit from the proposed zone change. The property is approximately 9 acres. 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? Criterion not met. Although only one landowner would directly benefit from the proposed zone change, the change would not be made at the expense of surrounding landowners or the general public. As stated previously, considerable public outreach and deliberation went into the crafting of the Bozeman Community Plan 2020, which is an adopted statement of public policy made in the interest of the community as a whole. The plan identifies this area as being suitable for urban scale residential development. The R-5 zoning district is in alignment with the Urban Neighborhood growth policy designation applied to the property. The rezoning would help to implement the adopted policy vision provided in the Bozeman Community Plan 2020, so cannot be found to be at the expense of the surrounding landowners or the general public. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. 85 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 14 of 17 The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The 9.01-acre subject is part of a larger, 124-lot phased residential development project within the Bozeman City Limits called Gran Cielo Subdivision. The majority of the subdivision is located immediately to the south of the subject property and is zoned R-3 Residential Medium Density District. The subject property and land to the west and north is zoned R-4 Residential High Density District, and the application proposes a zoning designation of R-5 Residential Mixed-Use High Density for the property. The purpose of the R-5 district is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community’s residents. These purposes are accomplished by providing a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community’s residents, and by allowing offices and small scale retail and restaurants as secondary uses provided special standards are met. This district is appropriate for areas adjacent to mixed-use districts (mixed use is planned to the east) and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services (this area is developing so is not yet served by transit, but is relatively close to the Montana State University campus and surrounding jobs and services). 86 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 15 of 17 APPENDIX B - NOTICING AND PUBLIC COMMENT In accordance with the requirements of Bozeman Unified Development Ordinance Table 38.220.420, notice of the application, availability of information related to the application, and notice of the public hearings was published in the Bozeman Daily Chronicle on July 4, 2021 and July 18, 2021. The site was posted in two locations and notices mailed by the applicant and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to each public hearing. As of the writing of this report on July 15, 2021, no written comments have been received on this application. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. 1. URBAN NEIGHBORHOOD. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-5 Residential Mixed-Use High Density District. The intent of the R-5 District is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. These purposes are accomplished by: 1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. 2. Allowing offices and small scale retail and restaurants as secondary uses provided special standards are met. 87 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 16 of 17 Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (see below for the Table) APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF 88 Staff Report for 21095 Gran Cielo Subdivision Phase 2 Zone Map Amendment Page 17 of 17 Owner: Bozeman Haus, LLC 15267 SE Rivershore Drive Vancouver, WA 98683 Applicant: Cadius Partners, LLCs 23 Apex Drive Bozeman, MT 59718 Representative: Chris Budeski, PE, Madison Engineering, LLC 895 Technology Boulevard Suite 203 Bozeman, MT 59718 Report By: Chris Saunders, AICP, Community Development Manager FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 89 90 91 92 Gran Cielo - Zone Map Amendment Application Narrative Page 1 of 3 GRAN CIELO ZONE MAP AMENDMENT APPLICATION CHECKLIST NARRATIVE 1. Zone Map Amendment Criteria a. Is the new zoning designed in accordance with the growth policy? How? Response: Yes, the proposed Zone Map Amendment is in accordance with the City’s Growth Policy, the Bozeman Community Plan. The proposed zoning is R5 – Residential Mixed-Use High Density and the property is designated as residential in the growth policy. b. Will the new zoning secure safety from fire and other dangers? How? Response: Yes, the proposed Zone Map Amendment will secure safety from fire and other dangers by requiring development per the City of Bozeman standards. Regulatory provisions established for all City of Bozeman zoning districts ensure an adequate transportation network, fire services, and public utility lines. c. Will the new zoning promote public health, public safety and general welfare? How? Response: Yes, the proposed Zone Map Amendment will promote public health, public safety and general welfare by requiring the property to develop per the City of Bozeman standards and regulations in terms of public health, safety and general welfare. Any future development is subject to review for protection of the public health, safety, and general welfare of the community. Future connection to municipal water and sanitary sewer will reduce water contamination issues from an abundance of groundwater wells and will eliminate environmental risks associated with septic systems. Municipal fire and emergency response services will protect public health and safety and respond to the property. The subject property falls within the existing City service area. d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements? How? Response: Yes, the proposed Zone Map Amendment will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Any future development on this parcel will be subject to review by the City of Bozeman for adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Therefore, any development will be required to facilitate the aforementioned in accordance with all City of Bozeman ordinances and regulations. 93 Gran Cielo - Zone Map Amendment Application Narrative Page 2 of 3 The subject property fronts on South 27th Avenue, which is a collector street. Access to the site will be from the future adjacent local streets: Apex Drive, S 29th Ave, and Bennett Blvd. These local streets will allow access to the site for residents, visitors, and any necessary public services such as postal service or emergency access, for example. The subject property falls within the Hyalite Elementary School, Sacajawea Middle School, and Bozeman High School Boundaries. Comments from the schools may be required to verify adequate capacity for future students. Parkland for this area was dedicated with the initial Phase 1 of the Gran Cielo Subdivision. Public infrastructure to serve the proposed R5 zoning area will be installed with the development of the Gran Cielo Ph 2 project. Any additional internal improvements required to connect to the existing infrastructure will be determined during site plan review. e. Will the new zoning provide reasonable provisions of adequate light and air? How? Response: Yes, the proposed Zone Map Amendment will provide reasonable provisions of adequate light and air as the property will be developed to applicable setbacks, height, and buffering standards that have been adopted by the City. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? Response: Yes, the proposed Zone Map Amendment may have an effect on the City’s motorized and non-motorized transportation system. Any new development will affect the City’s transportation system with increased traffic. A Traffic Impact Study was completed for the Gran Cielo project, which this proposed rezoning is within. g. Does the new zoning promote compatible urban growth? How? Response: Yes, the proposed zoning promotes compatibility with urban growth, as residential zoning exists to the south, north, and west of the project. The high-density residential zoning will fit in with the medium-density residential neighborhoods to the south. The allowed mixed use in the R5 district will allow for small local support businesses serving these neighborhoods. To the east along Stucky is the Genesis Business Park, which will allow the small businesses in the proposed R5 to fit in to the area. h. Does the new zoning promote the character of the district? How? 94 Gran Cielo - Zone Map Amendment Application Narrative Page 3 of 3 Response: Yes, the proposed zoning does promote the character of the district. As stated above in response g, the adjacent zoning to the south, west, and north is residential and the Bozeman Community Plan Land Use Map designates this property as residential. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Response: The proposed zoning will address the affected area’s peculiar suitability for particular uses as the property will be developed to applicable standards that have been adopted per the City of Bozeman’s development standards and regulations j. Was the new zoning adopted with a view to conserving the value of buildings? How? Response: There are no existing buildings on this site. k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? How? Response: Yes, the proposed Zone Map Amendment will encourage the most appropriate use of land throughout the jurisdictional area. The growth policy identifies the most appropriate use of this property as residential. R5 zoning allows for a broad range of residential housing types mixed with potential offices, restaurants, and small-scale retail. END OF NARRATIVE 95 Gran Cielo - Zone Map Amendment Application Narrative Page 1 of 4 GRAN CIELO ZONE MAP AMENDMENT APPLICATION CHECKLIST NARRATIVE Zone Map Amendment Criteria a. Is the new zoning designed in accordance with the growth policy? How? Response: Yes. The future land use map in the Bozeman Community Plan 2020 designates this property as Urban Neighborhood. Urban Neighborhood category primarily includes urban density homes and correlates with a variety of zoning districts including R-S, R-1, R-2, R-3, R-4, R-5, R-O, REMU RMH, B-1 and PLI. The parcel is currently zoned R4 - Residential High Density. The proposed R5 - Residential Mixed-Use High Density zoning is allowed within the designated future land use of Urban Neighborhood. In addition, the future land use map of Urban Neighborhood is also designated on the north, west and south side of the proposed Zone Map Amendment parcel. A complementary Community Commercial Mixed Use land use designation is located on the east side of the parcel. The proposed zone map amendment from R4 to R5 will allow for similar and additional uses and allow for increased density, increased height requirement and offices and small-scale retail and restaurants as secondary uses in a geographically compact, walkable area to serve the varying needs of the community's residents. b. Will the new zoning secure safety from fire and other dangers? How? Response: Yes, the proposed zoning, which is in compliance with the City’s future plan use map, will secure safety from fire and other dangers as the subject property is within the City limits of Bozeman and will be served by City Fire, Police and Public Works Departments. Public infrastructure, including roadways, water and sewer mains are adjacent to the property and will be extended as required to serve the future development. The City of Bozeman development standards require future development of this property to comply with the Bozeman Municipal Code standards ensuring an adequate transportation network, fire services, and public utility mains be installed to provide a safe neighborhood for the residents. 96 Gran Cielo - Zone Map Amendment Application Narrative Page 2 of 4 c. Will the new zoning promote public health, public safety and welfare? How? Response: Yes, due to the size and character of the parcel future development of the parcels will require the properties to be reviewed through the City’s Site Plan review process which provides standards and regulations that promote public health, safety and general welfare of the residents. In addition, future connection to the City’s municipal water distribution and sanitary sewer collection system will reduce water contamination issues from an abundance of groundwater wells and will eliminate environmental risks associated with septic systems. Municipal fire and emergency response services will protect public health and safety and respond to the property. The subject property falls within the existing City service areas. d. Will the new zoning facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements? How? Response: Yes, future development on this parcel will be subject to review by the City of Bozeman for adequate provision of transportation, water, sewerage, schools, parks, and other public requirements as specified in the City’s development and engineering standards. If it is determined during the City’s review process that additional improvements are required to adequately serve the proposed development those improvements would be required to be constructed and/or pay impact fees, assessments, and taxes to support transportation, water, sewer, school, parks, and other public requirements. The subject property fronts on South 27th Avenue, which is a collector street. Access to the site will be from the future adjacent local streets: Apex Drive, S 29th Ave, and Bennett Blvd. These local streets will allow access to the site for residents, visitors, and any necessary public services such as postal service or emergency access, for example. The subject property falls within the Hyalite Elementary School, Sacajawea Middle School, and Bozeman High School Boundaries. Comments from the schools will be required to verify adequate capacity for future students. Parkland for the entire Gran Cielo subdivision was dedicated and constructed with the initial Phase 1 of the Gran Cielo Subdivision. Public infrastructure to serve the future development will be installed with the development of the Gran Cielo Phase 2 project. Any additional internal improvements required to connect to the existing infrastructure will be determined during site plan review. 97 Gran Cielo - Zone Map Amendment Application Narrative Page 3 of 4 e. Will the new zoning provide reasonable provisions of adequate light and air? How? Response: Yes, the City’s development codes include requirements for development to provide adequate light and air with the use of parks and open space areas, maximum building heights, lot coverage and setback requirements. Due to the size and character of the parcel the future development of the parcels will be required to be reviewed through the City’s Site Plan review process ensuring the City’s development codes will be adhered to and will provide adequate light and air. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? Response: Yes, the change from R4 to R5 residential zoning will likely have an effect on the City’s motorized and non-motorized transportation system due to the increased allowed density. As the property is currently vacant, any new development will affect the City’s transportation system with increased traffic. A Traffic Impact Study (TIS) was completed for the entire Gran Cielo project in 2017, which this proposed rezoning is within. The city may require the TIS to be updated based on the increased density to determine if additional mitigation would be required. The preliminary plat approval of the Gran Cielo Subdivision required the development to waive their right to protest the creation of future Special Improvement Districts (SID) and participate in funding nearby future infrastructure improvements that may be required to offset impacts created by development. With the development of the parcels within the proposed ZMA, and adjacent properties, development of pedestrian connection systems will be completed. Currently a multi-use trail exists along Graf Street and connects to South 11th which provides a safe and reliable pedestrian connection to MSU and into the center of the city and Streamline Bus stops. g. Does the new zoning promote compatible urban growth? How? Response: Yes, the parcel is currently zoned R4 - Residential High Density. The proposed R5 - Residential Mixed-Use High Density zoning is allowed within the designated future land use of Urban Neighborhood. In addition, the future land use map of Urban Neighborhood is also designated on the north, west and south side of the proposed Zone Map Amendment parcel. A complementary Community Commercial Mixed Use land use designation is located on the east side of the parcel. 98 Gran Cielo - Zone Map Amendment Application Narrative Page 4 of 4 h. Does the new zoning promote the character of the district? How? Response: Yes. As stated previously, the proposed zone map amendment from R4 to R5 will allow for similar and additional compatible uses and allow for increased residential density and offices and small-scale retail and restaurants as secondary uses in a geographically compact, walkable area to serve the varying needs of the community's residents. The proposed zone map amendment, as well as the adjacent properties are designated Urban Neighborhood in the City’s future land use map as Urban Neighborhood. The proposed zoning is in compliant with the Urban Neighborhood designation. The proposed zoning fits within the city’s land use map and establishes a compatible development pattern. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Response: Yes. The property is located within an area designated Urban Neighborhood as defined in the Bozeman Community Plan 2020. Urban Neighborhood category primarily includes urban density homes and correlates with a variety of zoning districts. The proposed R5 zoning is suitable for the site given the adjacent Urban Designation to the west, north and south and Community Commercial Mixed Use land use designation to the east side of the parcel. In addition, there is convenient access to city roadway, water and sewer mains adjacent to the property to serve the future development. j. Was the new zoning adopted with a view to conserving the value of buildings? How? Response: Neutral. There are no existing buildings on this site that may have their values impacted by the zone change. k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? How? Response: Yes. The current zoning of the property is R4 and the City’s Growth Policy designates the property as Urban Neighborhood on the future land use map. The future land use map also designates Urban Neighborhood on the adjacent properties to the north, west and south. Complementary Community Commercial Mixed Use land use designation is located adjacent on the east side of the parcel. Urban Neighborhood category primarily includes urban density homes and correlates with a variety of zoning districts. Based on the future land use map designations and existing residential development to the south, the proposed zoning does encourage the most appropriate use of the land. END OF NARRATIVE 99 100 101 102 Grand Cielo Ph 2 ZMA Adjoiners List Bradley Roy Gary and Bobbie Jo Trustees 5913 Our Way Citrus Heights, CA 95610-6709 SB Holdings LLC PO Box 11530 Bozeman, MT 59719-1530 Hyalite Village Investors LLC PO Box 908 Santa Fe, NM 87504-0908 Raffety Mildred M Trust 901 Lynn Rd Helena, MT 59602-7027 Bennett Marshall & C Luzann 5532 Stucky Rd Bozeman, MT 59718-9036 No lots from Phase 1 have sold yet. All Phase 1 lots belong to Bozeman Haus, LLC (owner of Gran Cielo Subdivision) 103 104 105 S. 30TH AVE (FUTURE)S. 29TH AVES23, T02S, R05E,COS 2725,PARCEL 3APEX DRIVE (FUTURE)BENNETT BLVDS 2 7 T H A V ES. 28TH AVE (FUTURE)S 27TH AVE(FUTURE)S 29TH AVEN 01°22'34" E670.81'S 89°15'48" E516.65'N 01°27'30" E 169.67' N 3 4 ° 3 4 ' 2 1 " E 10 1 . 2 5 'S 89°24'55" E654.14'L = 74.00'R = 300.00'D = 14°07'58"C.B. = S 27°30'22" WC = 73.81'L = 173.39'R = 300.00'D = 33°06'51"C.B. = N 18°00'55" EC = 170.98'S 89°24'55" E16.27'L = 99.39'R = 300.00'D = 18°58'53"C.B. = S 10°56'57" WC = 98.93'SHEETMADISON ENGINEERING 895 TECHNOLOGY BLVD, SUITE 203 BOZEMAN, MT 59718 (406) 586-0262 (406) 586-5740 FAX 1 inch =0SCALE60 feet120'30'60'1 OF 1JLSCGBCGBCGBGRAN CIELO SUBDIVISIONLEGEND ZONE MAP AMENDMENT EXHIBIT BOZEMAN, MTGRAN CIELOZMAVICINITY MAPPROJECTLOCATION106