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Home My WebLink About03-03-25 CDB Agenda and Packet MaterialsA. Call to Order - 6:00 pm B. Disclosures C. Changes to the Agenda D. Approval of Minutes D.1 Approval of Minutes(Sagstetter) E. Action Items E.1 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R-4 on 0.44 Acres Including the Adjacent Right of Way, the 1519 Alder Court Lane Annexation, Application 24428(Rogers) THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CDB AGENDA Monday, March 3, 2025 General information about the Community Development Board is available in our Laserfiche repository. If you are interested in commenting in writing on items on the agenda please send an email to comments@bozeman.net or by visiting the Public Comment Page prior to 12:00pm on the day of the meeting. At the direction of the City Commission, anonymous public comments are not distributed to the Board or staff. Public comments will also be accepted in-person and through video conference during the appropriate agenda items. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact Chris Saunders, csaunders@bozeman.net This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: 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, channel 190, or attend in- person United States Toll +1 346 248 7799 Access code: 954 6079 2484 Approve. 1 F. Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board G. FYI/Discussions H. Adjournment 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 24428 and move to recommend approval of the 1519 Alder Court Zone Map Amendment, with contingencies required to complete the application processing. This is the time to comment on any non-agenda matter falling within the scope of the Community Development Board. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the Community Development Board cannot take action on any item which does not appear on the agenda. All persons addressing the Community Development Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a property owner within the city in an audible tone of voice for the record and limit your comments to three minutes. General public comments to the Board can be found in their Laserfiche repository folder. This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. City Board meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232. 2 Memorandum REPORT TO:Community Development Board FROM:Sam Sagstetter SUBJECT:Approval of Minutes MEETING DATE:March 3, 2025 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Approve. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:None. UNRESOLVED ISSUES:None. ALTERNATIVES:Approve with corrections. FISCAL EFFECTS:None. Attachments: 020325 CDB Minutes.pdf 022425 CDB Mintues.pdf Report compiled on: February 26, 2025 3 Bozeman Community Development Board Meeting Minutes, 2/3/25 Page 1 of 2 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES FEBRUARY 3, 2025 General information about the Community Development Board is available in our Laserfiche repository. Present: Henry Happel, Chris Egnatz, Jennifer Madgic, Jason Delmue, Ben Lloyd Absent: None Excused: Nicole Olmstead, Mark Egge A) 00:05:23 Call to Order - 6:00 pm B) 00:06:01 Disclosures C) 00:06:06 Changes to the Agenda D) 00:06:09 Approval of Minutes D.1 00:02:54 Approval of Minutes 011325 CDB Minutes.pdf 00:06:19 Motion to deny Henry Happel: Motion Ben Lloyd: 2nd 00:07:06 Vote on the Motion to deny The Motion carried 5 - 0. Approve: Henry Happel Chris Egnatz Jennifer Madgic Jason Delmue Ben Lloyd 4 Bozeman Community Development Board Meeting Minutes, 2/3/25 Page 2 of 2 Disapprove: None E) 00:05:44 Special Presentations E.1 00:05:46 Unified Development Code (UDC) Update Supplemental Engagement Phase 1 Report UDC Survey Results.pdf UDC Open House Report - CDB 2-3-2025.pdf 00:09:11 Senior Planner Tom Rogers presents to the board. 00:27:11 Senior Planner Tom Rogers answers questions from the board. F) 01:03:41 Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board 01:07:09 Alison Sweeney provides public comment. 01:10:36 Emily Talago provides public comment. 01:15:32 Dan Carty provides public comment. 01:17:39 Anya Linke provides public comment. 01:19:16 Lydia Steinhoff provides public comment 01:20:41 Marcia Kaveney provides public comment. G) 01:24:05 FYI/Discussions G.1 01:24:08 Upcoming Items for the February 24, 2025, Community Development Board Meeting H) 01:24:54 Adjournment This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. 5 Bozeman Community Development Meeting Minutes, 2/24/25 Page 1 of 3 THE COMMUITY DEVELOPMENT MEETING OF BOZEMAN, MONTANA MINUTES February 24, 2025 General information about the Community Development Board is available in our Laserfiche repository. Present: Nicole Olmstead, Henry Happel, Chris Egnatz, Jennifer Madgic, Jason Delmue, Ben Lloyd, Mark Egge A) 00:03:22 Call to Order - 6:00 pm B) 00:03:53 Disclosures C) 00:04:07 Changes to the Agenda D) 00:04:10 Action Items D.1 00:04:14 Review and Recommendation for the 2025 Impact Fee Service Area Report for Wastewater 00:04:31 Consultant Colin McAweeney and Community Development Manager Chris Saunders presents to the board. 00:28:46 Colin McAweeney answers questions from the board. 7-6-1602. Calculation of impact fees -- documentation required -- ordinance or resolution -- requirements for impact fees, MCA.pdf Other Communities Memo 9-5-2024.pdf 00:49:33 Motion to approve Consider the Motion: Having reviewed and considered the staff presentation, draft service area report, public comment, and all information presented, I hereby find the 2025 service area report for Wastewater meets all requirements and accept the report as the basis for wastewater impact fees and recommend adoption to the City Commission. Nicole Olmstead: Motion 6 Bozeman Community Development Meeting Minutes, 2/24/25 Page 2 of 3 Chris Egnatz: 2nd 00:53:26 Vote on the Motion to approve Consider the Motion: Having reviewed and considered the staff presentation, draft service area report, public comment, and all information presented, I hereby find the 2025 service area report for Wastewater meets all requirements and accept the report as the basis for wastewater impact fees and recommend adoption to the City Commission. The Motion carried 7 - 0. Approve: Nicole Olmstead Henry Happel Chris Egnatz Jennifer Madgic Jason Delmue Ben Lloyd Mark Egge Disapprove: None D.2 00:54:05 Review and Recommendation for the 2025 Impact Fee Service Area Report for Water 00:54:10 Consultant Colin McAweeney and Community Development Manager Chris Saunders presents to the board. 01:16:26 Consultant Colin McAweeney answers questions from the board. 7-6-1602. Calculation of impact fees -- documentation required -- ordinance or resolution -- requirements for impact fees, MCA.pdf Other Communities Memo 9-5-2024.pdf 01:34:46 Motion to approve Consider the Motion: Having reviewed and considered the staff presentation, draft service area report, public comment, and all information presented, I hereby find the 2025 service area report for Water meets all requirements and accept the report as the basis for water impact fees and recommend approval to the City Commission. Jason Delmue: Motion Mark Egge: 2nd 01:38:36 Vote on the Motion to approve Consider the Motion: Having reviewed and considered the staff presentation, draft service area report, public comment, and all information presented, I hereby find the 2025 service area report for Water meets all requirements and accept the report as the basis for water impact fees and recommend approval to the City Commission. The Motion carried 7 - 0. Approve: Nicole Olmstead Henry Happel 7 Bozeman Community Development Meeting Minutes, 2/24/25 Page 3 of 3 Chris Egnatz Jennifer Madgic Jason Delmue Ben Lloyd Mark Egge Disapprove: None E) 01:40:01 Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board 01:40:09 Emma P. provides public comment. F) 01:42:02 FYI/Discussions F.1 01:42:05 Upcoming Items for the March 3, 2025, Community Development Board Meeting F.2 01:42:09 Upcoming Public Engagement for Unified Development Code Update G) 01:45:19 Adjournment This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. 8 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Director of Community Development SUBJECT:Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R-4 on 0.44 Acres Including the Adjacent Right of Way, the 1519 Alder Court Lane Annexation, Application 24428 MEETING DATE:March 3, 2025 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION: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 24428 and move to recommend approval of the 1519 Alder Court 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:The property owners seek to annex a single parcel totaling 0.3 acres plus adjacent rights-of-way into the City limits and establish an initial zoning of R- 4, Residential High-Density District. The property is currently zoned “Residential Suburban” (RS) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). The Beatty’s Subdivision was subdivided in 1956. Little change has occurred since the construction of the homes on these lots with the exception of the Lincoln Properties (now called the Bridgeview Condominiums) apartment buildings to the north and east of the subject property. The Bridgeview Condominiums is a 42-unit residential development in three buildings. Adjacent city zoning includes R-4, R-2, and R-S districts. The properties to the south and east have not been annexed and are zoned R-S, Residential Suburban in the Gallatin County/Bozeman Area Zoning District. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the R-4 9 district as an implementing zoning district. The subject properties are within the urban planning and municipal service area for the City. The proposed annexation would bring in additional right of way to build out sections of Alder Court Lane. The proposed annexation would bring in additional right of way to build out sections of Alder Court Lane upon future development. UNRESOLVED ISSUES:There are no identified conflicts on this application. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Attachments: 24428 Alder Court Annx-ZMA CDB.pdf Report compiled on: February 25, 2025 10 Page 1 of 41 24428 Staff Report for the 1519 Alder Court Annexation and ZMA Public Hearings: Community Development Board (map amendment only) March 3, 2025. City Commission (Annexation and map amendment) March 25, 2025. Project Description: An annexation requesting annexation of 0.44 acres including adjacent right-of-way and amendment of the City Zoning Map for the establishment of a zoning designation of R-4 (Residential High-Density District). Project Location: Property is addressed as 1519 Alder Court Lane and more particularly described as Lot 25, Beatty’s Alder Court Subdivision, located in in the East One-Half of the Northwest One-Quarter of the Southwest One-Quarter of 13, Township Two South (T2S), Range Five East (R5E) of P.M.M., Gallatin County, Montana . Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24428 and move to recommend approval of the 1519 Alder Court 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 24428 and move to approve the 1519 Alder Court Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. 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 24428 and move to approve the 1519 Alder Court Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Report Date: February 25, 2025 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Community Development Board 11 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 2 of 41 acting in their capacity as the Zoning Commission, as well as the annexation and the zoning amendment for the City Commission. The application materials are available on the City’s website in the laserfiche archive. Unresolved Issues There are no identified conflicts on this application. Project Summary The property owners seek to annex a single parcel totaling 0.3 acres plus adjacent rights-of- way into the City limits and establish an initial zoning of R-4, Residential High-Density District. The property is currently zoned “Residential Suburban” (RS) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). The Beatty’s Subdivision was subdivided in 1956. Little change has occurred since the construction of the homes on these lots apart from the Lincoln Properties (now called the Bridgeview Condominiums) apartment buildings to the north and east of the subject property. The Bridgeview Condominiums is a 42-unit residential development in three buildings. Adjacent city zoning includes R-4, R-2, and R-S districts. The properties to the south and east have not been annexed and are zoned R-S, Residential Suburban in the Gallatin County/Bozeman Area Zoning District. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the R-4 district as an implementing zoning district. The subject properties are within the urban planning and municipal service area for the City. The proposed annexation would bring in additional right of way to build out sections of Alder Court Lane. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the 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. Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on March 3, 2025, and will forward a recommendation on the application to the City Commission. No public comment has been received on this application. 12 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 3 of 41 Alternatives 1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 13 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 4 of 41 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Community Development Board (Zoning Commission) Summary ................................... 2 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES: ................................................................................................... 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11 Annexation ........................................................................................................................ 11 Zone Map Amendment ..................................................................................................... 11 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 11 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 18 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 37 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 39 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 39 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 40 FISCAL EFFECTS ................................................................................................................. 41 ATTACHMENTS ................................................................................................................... 41 14 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 5 of 41 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map 15 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 6 of 41 Map 2: BCP 2020 Future Land Use Map 16 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 7 of 41 Map 3: Existing City Zoning 17 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 8 of 41 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 “1519 Alder Court Lane Annexation”. 2. An Annexation Map, titled “1519 Alder Court Lane Annexation Map” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be acceptable to the Director of Public Works and City Engineers Office and must be submitted with the signed Annexation Agreement. 3. The applicant must include the full width of Alder Court Lane for the full width of the subject property adjacent to Tract 25, Beatty’s Alder Court Subdivision. 4. 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. 5. The landowners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 6. 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 (SIDs) for the following: a. Street improvements to S 19th Ave from College St to Stucky Rd including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to W Lincoln St from S 19th Ave to S 11th Ave including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to W Kagy Ave from S 19th Ave to S 11th Ave including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at W Garfield Ln and S 19th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at W Lincoln St and S 11th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at W Lincoln St and S 19th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at W Kagy Blvd and S 19th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at W Kagy Blvd and S 11th Ave including lighting, 18 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 9 of 41 signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 7. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. 8. The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder prior to annexation. 9. The Annexation Agreement must 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. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. 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 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. d. 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. e. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. f. The agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. g. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. 19 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 10 of 41 h. 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. 10. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 11. The applicant must contact the City’s Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. 12. All final easements provided to the City must be stamped and signed by a professional surveyor. 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 if 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 “1519 Alder Court Lane 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 “1519 Alder Court Lane 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. 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. 20 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 11 of 41 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) did not find any deficiencies that prohibit annexation at this time that could not be addressed through future development review processes and adopted City Codes. The City Commission will hold a public meeting on the annexation on March 25, 2025. The meeting will begin at 6 p.m. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff found the requested zoning meets standards for approval as submitted. The 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 24428. 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 that cannot be addressed with adopted standards and requirements for future development. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this ZMA on March 3, 2025, and will forward a recommendation to the Commission on the Zone Map amendment. The meeting will begin at 6 p.m. in will be held in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. The meeting will also be available via video stream with information on how to connect on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available in the Meetings and Events portion of the City’s website at https://www.bozeman.net/meetings. The City Commission will hold a public hearing on the zone map amendment on March 25, 2025. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Zone Map Amendment application. The meeting will also be available via video stream with information on how to connect on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available in the Meetings and Events portion of the City’s website at https://www.bozeman.net/meetings. 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: 21 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 12 of 41 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 property in question is contiguous to the City limits on the north and west sides 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. Unannexed property lies to the east and south. 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. Criterion met. There are no structures onsite contracting for City 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. Future proposed developments will be required to utilize municipal water or sewer systems. 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 Section 1, the subject property is planned as ‘Urban Neighborhood’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the 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. Criterion Met. The proposed annexation will fill a portion of unannexed property surrounded by the city and makes a more regular boundary by the inclusion of the adjacent rights of way that accompany the annexation. 22 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 13 of 41 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. Criterion met. The property is accessed by an existing paved road that does not meet City standards or include pedestrian facilities. Upon future development or redevelopment transportation improvements will be required as seen on the adjacent property to the north with the construction of curb and gutter, sidewalk, and storm water integration. Terms of annexation include provisions pursuant to City of Bozeman Resolution 5076, Policy 1 to acquire necessary rights-of-way (ROW) to accommodate the development of these streets. Alder Court is considered a local street which requires 60 feet of ROW. The ROW was dedicated with the original subdivision plat. There are no Class I trails identified in the PROST or Urban Routes identified in the PRAT plan on the subject property. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion not met. The subject property is approximately 0.3 acres. 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 which require 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 will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Terms of Annexation 11. 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. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. Any future development will be required to connect to the City systems. Per Term of Annexation 9, the Annexation Agreement requires notice that the applicant requires the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. 23 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 14 of 41 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. As discussed in Section 5 Goal 7, right of way is included with the annexation. No additional ROW width is required. The Recommended Terms of Annexation include requirements for these right of way provisions. See Terms of Annexation 3 and 12. No Anchor Routes are designated for the subject property according to the PRAT Plan. 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 Urban Neighborhood. No change to the growth policy is required. The application includes a request for initial zoning of R-4. See the zone map amendment section of this report for analysis of the zone map amendment criteria. 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 “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment 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. The Community Development Board acting in their capacity as the City Zoning Commission will be reviewing the requested zoning district designation on March 3, 2025. The Zoning Commission’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on March 25, 2025. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of R-4, Residential High Density District. See Section 6 of this report for analysis of the requested zoning. 24 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 15 of 41 Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed by Alder Court Lane which is paced street. Alder Court Lane connects to West College Street which is a designated Collector Street according to the Bozeman Transportation Master Plan, 2017 Update. 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. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. Term of Annexation 11 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with 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. City infrastructure and emergency services are available to the subject property. An existing 10-inch ductile iron water pipe is in Alder Court Lane that terminates on the northeast edge of the subject property. Wastewater collection was extended to serve the Bridgeview Condominium project on the north side of the property. An additional sewer line stub in located at the intersection of West College and Alder Court Lane. Any future development will be required to connect to the City systems. The property is located adjacent to existing urban development that is currently served by Bozeman Fire. Per Term of Annexation 9, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and 25 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 16 of 41 volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. 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. Criterion Met. City services are not currently being provided to this property. The existing home is being served by individual well and septic systems. Future development will necessitate connection to City services. This annexation is not a result of an emergency condition requiring connection. 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. Mapping requirements are addressed in Recommended Term of Annexation 2. The map must include adjacent right of way and therefore cannot be described solely by reference to platted lands. 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. Neutral. The annexation does not require immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. 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 26 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 17 of 41 annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as set forth 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. Criterion Met. Suggested terms of annexation include a notice that the agreement, once prepared and provided to the applicant, must be signed and retuned within the stated time period. This policy will be implemented only if the Commission acts to grant approval. If the application is denied, then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. 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. Neutral. No road improvement district is associated with 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 necessary agencies were notified and provided copies of the annexation. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. There are no existing septic systems or wells that will need to be abandoned. All future development will be required to connect to city services. 27 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 18 of 41 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. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. 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 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 that chapter 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.” 28 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 19 of 41 “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.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “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.” 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 Correlation with Zoning Table excerpt, the R-4 district is an implementing district of the Urban Neighborhood. In finding that this application meets criterion A, with hesitation, the analysis is cognizant that in many planning efforts and discussions over the decades, the Planning Board and City Commission have considered the various elements of the question of to grow or not grow and the consequences of either approach. After considering this question, they have concluded that having growth within the physical boundaries of Bozeman results in better outcomes than not. Therefore, the BCP 2020 approaches growth as something that overall is positive but recognizes that it does not come without drawbacks and that the community will change over time. 29 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 20 of 41 The Applicant narrative makes a case in support of the requested zoning classification. Staff generally concurs with these findings. Sheet 005.2 of the Application, Project Narrative, specially addressed the zoning review criteria and can be reviewed in the planning project public document repository (External Link to Zoning Narrative]. As part of the City’s Community Plan Hub web site, the City is tracking its efforts to meet the goals and objectives detailed in the BCP 2020. For example, under the City of Unique Neighborhoods Theme is the Bozeman Residential Density Map – Community Plan Indicators Map. The residential density map shows the nearest development to the subject property, the Bridgeview Condos, have a density of approximately 18.5 dwelling units per net acre. The detached housing development to the south has a density of approximately 9.6 dwelling units per acre. This data will improve its accuracy as the City infills. Currently, there are undeveloped parcels that skew the results and push the value lower than if you exclude vacant parcels in the calculation. Figure 1: Average Living Units per Acre by Zoning Designation, City of Bozeman/MT Dept. of Revenue 30 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 21 of 41 However, the histogram associated with the map shows the following general trends in relation to each zoning district. The R-4 zoning district correlates with the principles applied in the Bozeman Community Plan 2020. A few of the ten principles listed under Basic Planning Precepts of the Plan are supported by the R-4 district. For example, “land use designations must respond to a broad range of factors, including infrastructure, natural, and economic constraints, other community priorities, and expectations of all affected parties concerning private development.” And “gathering places and open spaces, including parks and trails, should be in convenient locations to those they serve. Quality and function are superior to quantity alone.” The latter is achieved by the City’s adopted development code. On the other hand, other precepts are less supportive of the scope of requested R-4 zoning. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short-Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The intent described above is strengthened by Objective N-1.11 “Enable a gradual and predictable increase in density in developed areas over time.” It is inconsistent with the approach to increase density within existing already developed area and to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. Goal N-3: Promote a diverse supply of quality housing units. 31 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 22 of 41 As noted above the area is designated as Urban Neighborhood according to the FLUM. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. A variety of residential structures fall within the R-4 zone including moderate sixed apartments, two to four attached unit structures, and single-detached structures. Currently, there is an existing home on the subject project. The existence of the R-4 zoning does necessitate a change to the existing structure, although it permits attached housing assuming all associated standards for lot size, parking, open areas, circulation are met. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested R-4 zoning will not occur. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. Lincoln Avenue is a designated Collector Street as shown in the Bozeman Transportation Master Plan, 2017 Edition. The subject property is proximate to Montana State University and a variety of commercial interests at the corner of Lincoln Street and South 11th Avenue in addition to having access to Kagy Boulevard and South 19th Avenue, two Arterial Streets. Therefore, placement of higher density development adjacent to Lincoln Street is consistent with this objective. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. The property is wholly surrounded island within the city. The property is seeking annexation and municipal zoning for the purpose of residential development. Annexation is happening before development. In addition to goals and objectives, the BCP 2020 includes descriptive statements regarding what the goals and objectives seek to support and create. Page 27 of the BCP 2020 includes the descriptive language for Theme 2, A City of Unique Neighborhoods. Reviewing the language, themes of housing diversity, inclusion, and equity to serve different housing needs 32 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 23 of 41 are prevalent. Theme 2 emphasizes the importance of neighborhoods in the City’s development. It is notable that none of the goals and objectives associated with Theme 2 calls for fixing the character of developed areas in their status or prohibit the evolution of an area’s character. Therefore, staff finds the requested R-4 zoning classification comports with the Criterion A and is in accordance with a growth policy. B. Secure safety from fire and other dangers. Criterion Met. There are no current buildings, however future development will be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.400.010 Streets, general Access for emergency services Transportation Master Plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, site plan, and building permit C. Promote public health, public safety, and general welfare. Criterion Met. See comments in Section 6, Criteria A, B and D. 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 33 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 24 of 41 construction of homes which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced. Provision of parks, control of storm water, and other features of the City’s development standards advance the general welfare. Compliance with the BCP 2020 advances the well-being of the community as a whole. The subject property is well connected to the City’s transportation system and is served by fully constructed intersections and streets. Sidewalks are constructed in all directions. Development on site will require any improvements not installed to mitigate impacts and meet the city’s complete street policies. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit 34 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 25 of 41 D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. 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.” Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Sewer collection facilities plan, Water facilities plan Annexation for collector and arterial streets. Subdivision or site plan for all others. 35 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 26 of 41 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan Water and sewer are available to the site. An 8-inch poly vinyl chloride sewer line is with the adjacent development and a 15-inch poly vinyl chloride sewer line is in West Lincoln Street. A 10-inch ductile iron water main was extended to the northeast edge of the subject property in Alder Court Lane. It is likely future development will increase impacts on services, adequate capacity is presently available to meet demand. 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 R-4 district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form 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. Zone edge transitions do not apply in this location if the R-4 is approved pursuant to section 38.320.060, BMC. 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. Municipal Code Section and Title Subject Related Documents When standard is applied 36 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 27 of 41 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.520.060 On-site residential and commercial open space Private land open area requirements Site plan F. The effect on motorized and non-motorized transportation systems. Criterion met. Potential future development within a zoning district of R-4 will affect the City’s motorized and non-motorized transportation system with potential increased traffic and vehicle trips along Alder Court and Lincoln Streets. The subject property is located on a street corner with a partially constructed Collector Street to the north and a local street providing direct access. Due to the small size potential impacts will be limited and therefore can be accommodated by the existing street network. The proposed zoning will allow for a higher density of uses than is currently allowed under Residential Suburban County Zoning district. The City’s transportation plan is used to evaluate transportation needs over the long term throughout the City and will evaluate impacts of motorized vehicles along with bikes and pedestrians. The parks and trails plan also examine and specify options for extensions of the existing trail network through this site. Future site development will examine impacts in greater detail on the transportation network, parks, and trails system, and municipal facilities when specific construction has been identified. Furthermore, these future development reviews will ensure that development under the new zoning will comply with the City’s standards for the provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite circulation. Traffic impacts will be studied by the development team to demonstrate compliance with the City’s long-range transportation plans. Future project development will ensure compliance with the acceptable traffic limits identified in the transportation plans, as well as provide for the dedication of rights of way, construction or reconstruction of streets and trails, payment of impact fees, and other contributions as will be applicable to this project. As previously mentioned, the City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The 37 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 28 of 41 adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. West Lincoln Street is a designated Collector Street according to the Bozeman Area Transportation Master Plan, 2017 Update [External link]. Future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district will have a minimal effect on required road improvements, pedestrian or bicycle facilities, or similar compliance with standards. The site is adjacent to one collector (West Lincoln) and one local street (Alder Court Lane), both of which have capacity to carry additional traffic. Municipal Code Section and Title Subject Related Documents When standard is applied 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.420.110 Recreation Pathways Location and requirement to install. Park, Recreation, and Active Transportation Plan Annexation for Class 1 Trails easement. Subdivision or site plan for all else. The City has set minimum standards applicable to development to limit block length, ensure trail and sidewalk connections, and provide streets adequate to carry traffic projected from development. These standards are not applied at the time of the ZMA but are implemented during the subdivision and site plan processes required before any construction may begin. See also Section 6, Criterion D. The address has a Walk Score of 42, a transit score of 21, and a bike score of 62. These values are provided by Walk Score, a private organization which presents information on real estate 38 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 29 of 41 and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. If, as suggested by the applicant, their statement of constructing mixed-use, may eventually improve these scores. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. Prior to occupancy or other appropriate trigger the applicant must show all applicable transportation systems are adequate to serve the proposed development and must meet minimum City standards. The Applicant has been advised of specific code provisions that will apply with future development proposals. 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) Individuals may have widely varying opinions about what constitutes compatibility. To address this wide variation of viewpoint, Compatible development and Compatible land use are defined in Article 38.7 BMC to establish a common reference for consideration of this criterion and application of development standards. They are defined as: “Compatible development. The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of 39 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 30 of 41 architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use. Compatible land use. A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” As noted in the definition of Compatible development, there are many elements that contributed to compatibility. The final sentence of the definition deserves emphasis “Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible development can be different than what is already in place. The City has adopted a variety of standards to implement compatibility. The proposed R-4 district is a residential district. The allowed uses for residential districts are set in 38.310.030. Table 38.310.030.A - Permitted general and group residential uses in residential zoning districts, shows permitted uses in the R-4 district and Table 38.310.030.B details permitted accessory and non-residential uses in residential zoning districts. The form and intensity standards for residential districts are in 38.320.030. Existing development in the area includes moderately sized apartment buildings, two to four attached dwellings, and single-detached residential structures. The minimum density for R-4 is 8 dwelling per net acre. The more intensive development elements allowed in the R-4 district is subject to additional development standards established in Article 38.5, Project Design, of the municipal code. These standards address both site and building design to enable differing uses and scales of development to meet the definition of compatible in the municipal code and presented above. Section 38.500.010. – Purpose states: “This article (38.5) implements the Bozeman's growth policy. Overall, this article: A. Provides clear objectives for those embarking on the planning and design of development projects in Bozeman; B. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman; C. Ensures that new commercial and multi-household development is of high quality and beneficially contributes to Bozeman's character; D. Ensures that new developments within existing neighborhoods are compatible with, and enhance the character of Bozeman's neighborhoods; E. Promotes an increase in walking and bicycling throughout the City; 40 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 31 of 41 F. F. Enhances the livability of Bozeman's residential developments; G. Maintains and enhances property values within Bozeman.” The intent of the R-4 district, 38.300.100.E, BMC, “is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of 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 amendment is associated with an annexation creating an incremental increase in the size of the City. As discussed in Section 6, Criterion A above, both the City’s and County’s growth policies expect this area to transition from rural to urban development. The unannexed areas adjacent to this property are agricultural or detached homes on an individual large lot in conformance with the Gallatin County AS zoning. The City Commission has adopted standards to control development impacts and support compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s approach. “What combination of uses under what conditions can work well together? There is a wide range of possible answers for each community to consider. Some communities take a highly prescriptive worst-case view and try to restrain all possible points of perceived conflict. This tends to create a very homogenous community with little interest or scope for creativity. Bozeman takes a different approach. The worst case scenario is recognized as unlikely, but possible. Development standards deal with the majority of cases, while restraining extraordinary problems. The City creates standards under items 1 through 3; when one district is adjacent to another and is consistent with the growth policy, any physical conflicts will be minimal, if present at all. The City’s zoning policy encourages continued development of mixed uses. … The City uses the broad scope of its development standards to enable differing uses to be successful near each other. This shows on the zoning map where districts providing a wide diversity of uses are intermixed.” 41 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 32 of 41 This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. 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 BCP 2020 includes several objectives applicable to this criterion. These are: N-1.11 Enable a gradual and predictable increase in density in developed areas over time. N-1.2 Increase required minimum densities in residential districts. N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary to City land development policies or climate action plan goals. Application of any municipal zoning district to the subject property and subsequent development will alter the existing character of the subject property. Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The BCP 2020 notes, “…when considering an amendment to the zoning map both the actual and possible built environment are evaluated. If the amendment is accompanying an annexation request, there is often a substantial change in use that will occur. In this case, the Commission must look at what the growth policy recommends for the area, as there is less built context to provide guidance.” Staff concludes that although the R-4 is different than some surrounding zoning, it is compatible urban growth as called for in the growth policy. See also discussion for Section 6, Criteria A & H. 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 unaltered. Even though the criterion is most applicable to text amendments it still must be applied to consideration of zoning map amendments. The requested zoning meets the requirements of this criterion because, although different, it is compatible with surrounding zoning, existing roads and a park will provide a buffer between 42 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 33 of 41 future development on this parcel and existing residential and agricultural uses, and promotes urban growth as called for in the BCP 2020. The proposed amendment only applies to the Applicant’s property and does not change what is or is not allowed on adjacent property. As noted above, the City Commission has discretion within the limits of the State established criteria in considering the location and geographical extents of a zoning district. Implementation of zoning must also be in accordance with the adopted growth policy. As noted in Section 6, Criterion A, the City policy calls for a diverse and densifying land use pattern. See discussion in Section 6, Criterion A. The BCP 2020 includes several objectives applicable to this criterion. These are: N-1.11 Enable a gradual and predictable increase in density in developed areas over time. N-1.2 Increase required minimum densities in residential districts. N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary to City land development policies or climate action plan goals. Application of any municipal zoning district to the subject property and subsequent development will alter the existing character of the subject property, which is a suburban. Likewise, development under any municipal zoning district will be visually different from adjacent unannexed property. This is true even if both are used for similar types of housing due to the differences between municipal and county zoning. Similarly, development will likely be different from other annexed properties. For example, properties to the east are zoned RS in the County and developed as detached single-household structures. Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The BCP 2020 notes, “…when considering an amendment to the zoning map both the actual and possible built environment are evaluated. If the amendment is accompanying an annexation request there is often a substantial change in use that will occur. In this case, the Commission must look at what the growth policy recommends for the area, as there is less built context to provide guidance.” See Section 6, Criterion A above for discussion about the application and growth policy and anticipated change to the character of the area. 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, 43 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 34 of 41 natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. To date, the City of Bozeman has not defined a specific area outside of the area itself to be rezoned for consideration of this criterion. A review of the existing uses within a quarter mile radius of the amendment site shows numerous zoning districts. Notably are R-4, the same as what is being proposed which allows a variety of housing types in close proximity, R-3, is a municipal district and allows a wide variety of housing types including detached homes, townhomes, and other forms of attached homes, as well as various institutional and light commercial uses. Others include commercial zone such as B-2 and B-2M. And then other residential zones including R-5, R-2, and R-S. Lastly, PLI zone associated with the University. Page 77 of the BCP 2020 describing review of zoning map amendments states “When evaluating compliance with criteria, it is appropriate to consider all the options allowed by the requested district and not only what the present applicant describes as their intensions.” When evaluating compatibility between zoning districts, Staff considers the full range of allowable uses, not only what is built now or proposed by a specific project. 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 the proposed B-2M district to be compatible with the proposed adjacent mixed-use district, where both will help serve the expanding residential development within this southern region of the city. The proposed zone district allows the applicant to construct a variety of commercial-sized buildings as well as some secondary residential uses like townhomes and apartment buildings. There is a mix of uses in the immediate vicinity including restaurants, grocery store, pizza joint, brewery, donut shop, and other residential uses including multi-unit and single family residential, general retail, and a variety of others uses. The property is not within the Neighborhood Conservation Overlay District, a historic district, or any other designated area. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan, building permit 44 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 35 of 41 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines for Historic Preservation Site plan and building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit Development within the City is more land efficient than rural or suburban development in unannexed areas. Urban intensity development whether more intensive apartment style development or more typical medium density residential is much more land efficient than rural/suburban development. Suburban development consumes 135 times the amount of land and the rural consumes 594 times the amount of land per home than urban development. Development within the City also provides for a wide range of housing types to meet a wide range of housing needs. Development within the City lessens likelihood of conversion of agricultural and open spaces to other uses but does convert uses on some land with annexation. The City expects urban development within the municipal boundary. Table 4 of the BCP 2020, see Section 6, Criterion A above, identifies the implementing zoning districts of the Urban Neighborhood future land use category. That category allows for zoning districts that authorize a wide range of possible future development. There are no zoning districts which are limited to only one type of development. All zoning districts implementing the Urban Neighborhood category provide for a range of housing types, institutions, and commercial activities. The expansiveness and intensity allowed varies between districts. As noted in this report, the BCP 2020 calls for evaluation of the entire range of uses in zoning districts when evaluating criteria for zoning amendments. The R-4 zoning district and the adjacent R-S, R-2, R-3, and R-4 zoning districts are residential in nature and are more similar than different in uses and standards. Development in R-4 that is more intensive than that allowed in some municipal zones, such as an apartment building, is subject to the standards of Article 38.5. Article 38.5 imposes a variety of standards on site and building design. However, a recent text amendment allows “limited apartments” in the R-3 district. Limited apartments are structures that host up to eight dwellings units. 45 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 36 of 41 Evaluation of this situation is guided by the growth policy. On page 76 of the BCP 2020 under discussion of application of this zoning criteria is says: “Second, when considering an amendment to the zoning map both the actual and possible built environment are evaluated. If the amendment is accompanying an annexation request there is often a substantial change in use that will occur. In this case, the Commission must look at what the growth policy recommends for the area, as there is less built context to provide guidance.” The standards adopted by the City prevent physically dangerous spillover effects. An example is the capture, treatment and discharge controls from additional storm water runoff as additional impervious surfaces are built. Required setbacks from property lines, landscaping requirements, and similar site and building standards address character and compatibility. These and other standards carry out the intent and purpose of the City’s land development standards in Chapter 38 of the municipal code. Sec. 38.100.040. - Intent and purpose of chapter. A. The intent of this unified development chapter is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law. Zoning does not prohibit change but provides a structure within which change can occur. Such changes include modifications to both the text and zoning map. Such amendments are authorized in the zoning enabling act for municipalities. Landowners have both property rights and responsibilities. The City has adopted development standards to ensure that responsibilities are met while landowners exercise their property rights. The City has not chosen, and is not required, to adopt standards for all issues. For example, standards have not been adopted regarding preservation of view sheds or extra separation of buildings from unannexed property. Staff concludes that although the R-4 is reflective of the character of the district. See also discussion for Section 6, Criteria A, G, and F. I. Peculiar suitability for particular uses. Criterion met. The proposed amendment does not modify the existing standards of the R-4 district. Therefore, the impact of the amendment is limited to this application site. The proposed use is residential, the same of the dominate use in the vicinity and is in close proximity to educational and commercial activities used to support the residential uses. The Future Land Use Map show this area designated for residential use. Municipal Code Section and Title Subject Related Documents When standard is applied 46 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 37 of 41 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.600 Natural Resource Protection Protect watercourses and wetlands FEMA Floodplain study Subdivision, site plan review, building permit The property is within the City’s planning area for land use and utility extensions. There is frontage on Alder Court Lane, local street, providing direct access to West Lincoln Street, a collector street. Municipal utilities and emergency services can be extended to the area. The site can support a more intensive district in the range of zoning districts. J. Conserving the value of buildings. Neutral. The proposed amendment does not modify the existing standards of the R-4 district. R-4 zoning is residential in nature and allows a variety of housing types as long as the minimum density of 8 DU per acre is achieved. The immediate Future land Use and zoning surrounding the property is residential in nature. The form of the future development is not known at this juncture and will emerge with future development applications. The permitted uses must conform to the adopted zoning. Any new structures at the site will be required to meet setback and other protective requirements set forth in the Bozeman Municipal Code. Compliance will alleviate potential negative impacts to the value of surrounding buildings and properties. As described in earlier criteria, the proposed zoning is compatible with existing buildings on adjacent properties and does not create any new situations not in compliance with municipal code. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed R-4 zoning designation will encourage the most appropriate use of land as the property is adjacent to both residential and commercial uses. There is access to the city’s services, including streets, thus can support a higher intensity of uses as allowed within the R-4 zoning district. Furthermore, the proposed R-4 zoning designation is generally consistent with the BCP 2020 future land use map designation of “Urban Neighborhood”. 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 47 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 38 of 41 BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The property owner, Lincoln Street MGME, LLC, seek to annex a single parcel totaling 0.3 acres plus adjacent rights-of-way into the City limits and establish an initial zoning of R-4, Residential High-Density District. The property is currently zoned “Residential Suburban” (RS) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). The purpose is to demolish the existing residential structure and replace it with a multi- family residential structure. The Beatty’s Subdivision was subdivided in 1956. Little change has occurred since the construction of the homes on these lots with the exception of apartment buildings to the north. The Lincoln Properties (now called the Bridgeview Condominiums) are directly adjacent o north which is a 42-unit residential development in three buildings. Adjacent city zoning includes R-4, R-2, and R-S districts. The properties to the south and east have not been annexed and are zoned R-S, Residential Suburban in the Gallatin County/Bozeman Area Zoning District. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the R-4 district as an implementing zoning district. The subject properties are within the urban planning and municipal service area for the City. The property is not within the NCOD, a historic district, or a city recognized neighborhood. 48 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 39 of 41 West Babcock Street is a designated Collector and South 20th Avenue is a local street according to the Bozeman Transportation Master Plan, 2017 Update. As illustrated in the map series below, the site is adjacent to a fully built street network. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on February 8 and March 1, 2025. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided to exceed minimum standards of State law for notice. No public comment has been received on this as of the production of this report. 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. “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-4, Residential High Density District whose intent is to: Residential high density district (R-4). The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 49 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 40 of 41 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of 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. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Lincoln Street MGME, LLC, 3400 Lower River Road, Great Falls, MT 59405 50 Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 41 of 41 Applicant: Genesis Engineering, Inc., 204 N 11th Avenue, Bozeman, MT 59715 Representative: Bayless Architects, 4575 Valley Commons Dr., Ste. 201, Bozeman, MT 59718 Report By: Tom Rogers, Senior Planner, Community Development Department 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. In addition, application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=292509&dbid=0&repo=BOZEMAN 51