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Home My WebLink About03-17-25 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 10 Acres Including the Adjacent Right of Way, the 5532 Fowler Lane Annexation, Application 24492(Moon) THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CDB AGENDA Monday, March 17, 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 Having reviewed and considered the staff report, application materials, public comment, and all 1 F. Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board G. FYI/Discussions G.1 Upcoming Items for the April 7, 2025, Community Development Board Meeting (Saunders) G.2 Update to Community Development Board on 2025 Montana Legislative Session (Saunders) H. Adjournment information presented, I hereby adopt the findings presented in the staff report for application 24492 and move to recommend approval of the 5532 Fowler Lane 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. Information only, no action required. 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 17, 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: 030325 CDB Minutes.pdf Report compiled on: March 13, 2025 3 Bozeman Community Development Meeting Minutes, March 3rd, 2025 Page 1 of 3 THE COMMUNITY DEVELOPMENT MEETING OF BOZEMAN, MONTANA MINUTES MARCH 3RD, 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) 00:02:54 Call to Order - 6:00 pm B) 00:03:31 Disclosures C) 00:03:40 Changes to the Agenda D) 00:03:42 Approval of Minutes D.1 00:03:43 Approval of Minutes 020325 CDB Minutes.pdf 022425 CDB Mintues.pdf 00:04:08 Motion to approve Approve. Mark Egge: Motion Jennifer Madgic: 2nd 00:04:08 Vote on the Motion to approve Approve. The Motion carried 7 - 0. Approve: Nicole Olmstead Henry Happel Chris Egnatz Jennifer Madgic Jason Delmue Ben Lloyd 4 Bozeman Community Development Meeting Minutes, March 3rd, 2025 Page 2 of 3 Mark Egge Disapprove: None E) 00:04:31 Action Items E.1 00:04:34 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 24428 Alder Court Annx-ZMA CDB.pdf 00:31:04 Motion to approve 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. Mark Egge: Motion Jason Delmue: 2nd 00:36:50 Vote on the Motion to approve 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. The Motion carried 6 - 1. Approve: Henry Happel Chris Egnatz Jennifer Madgic Jason Delmue Ben Lloyd Mark Egge Disapprove: Nicole Olmstead 00:04:43 Planner Tom Rogers presents to the board 00:13:41 Planner Tom Rogers answers questions from the board. 00:23:31 Applicant Bayliss Ward answers questions from the board. F) 00:37:25 Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board 5 Bozeman Community Development Meeting Minutes, March 3rd, 2025 Page 3 of 3 G) 00:37:53 FYI/Discussions H) 00:52:21 Adjournment This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. 6 Memorandum REPORT TO:Community Development Board FROM:Zachary Moon, Associate 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 10 Acres Including the Adjacent Right of Way, the 5532 Fowler Lane Annexation, Application 24492 MEETING DATE:March 17, 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 24492 and move to recommend approval of the 5532 Fowler Lane 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 applicant and property owner seek to annex one parcel totaling approximately 10 acres and as well as the applicable right of way of Fowler Lane (approximately 0.385 acres) into the City limits and establish initial zoning of R-4, Residential High Density district. The property is currently zoned “Agriculture Suburban” (AS) within the county. The same AS County zoning is also to the south and west. Nearby municipal zoning to the north is R-4, Residential High Density, and to the east is R-3 Residential Medium Density 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 property is bordered by Fowler Lane to the west (a Bozeman classified minor arterial street), and a park and portion of S 31st Ave to the east (a Bozeman classified local street). The proposed annexation would bring in additional right of way to build out Fowler Lane to the City’s collector standard adjacent to the subject property 7 as would be required with future development. There are currently three existing single household dwelling units with associated septic systems on the parcel. To the north is a property with a plan entitlement and under active construction (Application 21-424, Buffalo Run) for residential use, to the south and west are agricultural properties which contain residential uses as well, and to the east are properties with established suburban density residential lots. 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 the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Attachments: 24492 5532 Fowler Ln Annx-ZMA CDB SR.pdf Report compiled on: March 11, 2025 8 24492 Staff Report for the 5532 Fowler Lane Annexation and ZMA Public Hearings: Community Development Board (Zoning Commission) meeting is on March 17, 2025 City Commission meeting is on April 8, 2025 Project Description: Annexation 24492 requesting annexation of 10.385 acres and adjacent right of way for Fowler Lane and amendment 24492 of the City Zoning Map for the establishment of a zoning designation of R-4 (Residential High Density District). Project Location: 5532 Fowler Lane Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Community Development Board Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24492 and move to recommend approval of the 5532 Fowler Lane 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 24492 and move to approve the 5532 Fowler Lane Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board in their capacity as the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 24492 and move to approve the 5532 Fowler Lane Zone Map Amendment, with contingencies required to complete the application processing. Report: March 11, 2025 Staff Contact Zachary Moon, Associate Planner Agenda Item Type: Action - Legislative 9 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owner seek to annex one parcel totaling approximately 10 acres and as well as the applicable right of way of Fowler Lane (approximately 0.385 acres) into the City limits and establish initial zoning of R-4, Residential High Density district. The property is currently zoned “Agriculture Suburban” (AS) within the county. The same AS County zoning is also to the south and west. Nearby municipal zoning to the north is R-4, Residential High Density, and to the east is R-3 Residential Medium Density 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 property is bordered by Fowler Lane to the west (a Bozeman classified minor arterial street), and a park and portion of S 31st Ave to the east (a Bozeman classified local street). The proposed annexation would bring in additional right of way to build out Fowler Lane to the City’s collector standard adjacent to the subject property as would be required with future development. There are currently three existing single household dwelling units with associated septic systems on the parcel. To the north is a property with a plan entitlement and under active construction (Application 21-424, Buffalo Run) for residential use, to the south and west are agricultural properties which contain residential uses as well, and to the east are properties with established suburban density residential lots. The application materials for this application are available at Laserfiche folder [https://weblink.bozeman.net/WebLink/Browse.aspx?startid=292960&cr=1]. 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. 10 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 the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 11 TABLE OF CONTENTS EXECUTIVE SUMMARY.......................................................................................................2 Unresolved Issues................................................................................................................2 Project Summary .................................................................................................................2 Alternatives..........................................................................................................................3 SECTION 1 - MAP SERIES.....................................................................................................5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION...........................................10 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ...14 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS.......................................15 Annexation.........................................................................................................................15 Zone Map Amendment......................................................................................................15 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS.................................15 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS............26 PROTEST NOTICE FOR ZONING AMENDMENTS..........................................................46 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND...............46 APPENDIX B - NOTICING AND PUBLIC COMMENT.....................................................47 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING....................48 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ............................50 FISCAL EFFECTS..................................................................................................................50 ATTACHMENTS....................................................................................................................50 12 SECTION 1 - MAP SERIES Map 1: Project Map 13 Map 2: Project Vicinity Map 14 Map 3: BCP 2020 Future Land Use Map Urban Neighborhood Community Commercial Mixed Use Residential Mixed UsePublic Institutions15 Page 8 of 51 Map 4: Existing City Zoning 16 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 9 of 51 Map : Existing County Zoning (grey is city area and is not up to date) Agriculture Suburban City Zoning Res. Office Commented [CS1]: The outlined project area is one property too far south. Revise to match with the other images above. 17 Page 10 of 51 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 “5532 Fowler Lane Annexation.” 2. That the applicant must submit an Annexation map, titled “5532 Fowler Lane Annexation”. The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office and must be submitted with the signed Annexation Agreement. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be annexed unless the property to be annexed can be entirely described by reference to existing platted properties or certificates of survey. 3. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 4. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to Fowler Lane between Blackwood Road and Stucky Road, including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Blackwood Road between Fowler Lane and South 19th Avenue, including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at Blackwood Road and Fowler Lane, including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at Blackwood Road and South 27th Avenue, including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Fowler Lane and West Graf Street, including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the 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 18 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 11 of 51 development, or a combination thereof. The SID waiver will be filed with the County Clerk and Recorder in conjunction with the annexation agreement. 5. The applicant must execute at the Gallatin County Clerk & Recorder's Office in conjunction with the annexation, a waiver of right-to-protest creation of a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 6. The Annexation Agreement shall include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The subject project is located in an area known to have seasonally high groundwater. The applicant must confirm seasonal high groundwater elevations and seasonal high groundwater data must be measured and submitted with any future development application on the parcel. Due to the seasonal nature of SHGWL measurements, the applicant is advised to begin groundwater measurements in the winter and continue measuring through July. Measurements must be at sufficient intervals to define the SHGWL across the site. Industry guidance recommends a three-foot minimum separation from the bottom of a stormwater facility to the underlying groundwater table. The applicant is advised that future development may be subject to limitations or restrictions based on seasonal high groundwater elevations. 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. Future development of this site will require main extensions to be looped, a single dead end loop will not be allowed. The applicant is advised that the subject property is located at the southern end of the City’s main pressure zone (Sourdough Zone). Water pressures around the subject property vary from 35 to 50 psi. Upon future development, the water distribution system must be designed to meet the requirements outlined in the City of Bozeman Design Standards and Specifications Policy. Additionally, all water system improvements must also be designed and installed in accordance with the Montana Department of Environmental Quality Circular 1; Montana Public Works Standards and Specifications (MPWSS); City of Bozeman Modifications to MPWSS; and the City’s most recent Water Facility Plan." c. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. 19 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 12 of 51 e. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. f. The Annexation Agreement must include notice charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. g. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property. h. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. i. The Annexation Agreement must include notice that the property is located within the Meadow Creek Subdivision Sewer payback district and that assessment of payback charge will be required with any future subdivision on site plan applications. The applicant is advised that the payback must be paid at the time of development approval. Reference document Gallatin County Clerk and Recorder #2293493. j. The Annexation Agreement must include notice that the City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. 7. 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. 8. Fowler Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of 100 feet. The applicant must provide their respective Fowler Lane ROW from the centerline of the existing ROW as a public street and utility easement where Story Mill Road is adjacent to the property. A 45 foot public street and utility easement must be provided prior to the adoption of Resolution of Annexation. The applicant can contact the Citys Engineering Department to receive a copy of the standard easement language. 9. The development will need to satisfy the water adequacy code requirement prior to a future subdivision final plat or site plan approval. If sufficient water rights can’t be provided to offset the development's annual demand then a cash-in-lieu of water rights (CILWR) payment will be required. The fee determination will take place during the site plan review. The City encourages the use of groundwater wells to supply irrigation demands, which in turn will reduce the CILWR fee. Applicant must obtain a pre- 20 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 13 of 51 determination from the DNRC demonstrating that a well groundwater well may be permitted under Montana’s exempt appropriation or that provide the water right documentation if existing prior to finalization of the CILWR fee determination. 10. The applicant must provide an annexation map showing the widths, locations, and purposes of all existing and/or proposed easements, including any agricultural water user facility easements. 11. The subject property is located within the overall Cattail Creek Sanitary Sewer Drainage Basin. Figure 5-1 of the City’s wastewater facility plan, shows the subject property in a smaller identified sub-basin (still within the overall Cattail Creek Drainage Basin), but directly adjacent to the Baxter Creek Sanitary Sewer Drainage Basin. The identified sub-basin assumes that certain portions of the property would flow by gravity into the future 12-inch Fowler Lane sewer main, as identified in the facility plan (Capital Improvement Plan (CIP) Reference: 12-inch Fowler Ln: Blackwood Road to Stucky Road). Based on new hydraulic modeling information a 15-inch main will be required and will be updated per the City's wastewater facility plan update. The identified wastewater capital planning improvements must be designed in coordination with any Fowler Lane improvements. Sanitary sewer infrastructure improvements will be reviewed with future development applications. 12. In conjunction with streets construction - The City’s Water Facility Plan identified the need for a water transmission main (CIP Reference: 16-inch water main New Growth and Development) directly adjacent to the subject property in Fowler Lane to service future development. Water infrastructure improvements will be reviewed with future development applications. The identified water capital planning improvements must be designed in coordination with any future Fowler Lane improvements adjacent to the subject property. The applicant is advised that the capital Improvements identified within the facility plans must be located within City ROW, a public street and utility easement, or a water and sewer easement. " 13. Upon future development, the applicant must provide an estimate of the peak-hour sanitary sewer demands, certified by a professional engineer, for the proposed project. The City will analyze and determine if sewer capacity is available to accommodate the project. The applicant is advised that sewer capacity is allocated on a first come first serve basis and is not entitled until preliminary plat or site plan approval. 14. 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. 15. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In 21 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 14 of 51 addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 16. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnect prior to connection of water service from the house to the City water system. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “5532 Fowler 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 “5532 Fowler 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. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) recommends approval of the requested annexation. 22 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 15 of 51 The City Commission will hold a public meeting on the annexation on April 8, 2025. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The 5532 Fowler Lane 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 24492. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board in their capacity as the Zoning Commission will hold a public hearing on this ZMA on March 17, 2025 and will forward a recommendation to the Commission on the Zone Map amendment. The City Commission will hold a public hearing on the zone map amendment on April 8, 2025. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of annexation, the City Commission must consider the following goals and policies. These are established by the Commission, not state law, and the Commission has some discretion in applying them. Goals are aspirational, policies more directly set standards. The Commission may balance issues in these goals and policies and reach conclusions that as a whole, establish the benefit of the annexation outweighs identified drawbacks. In conducting analysis and making findings regarding goals and policies staff considers all the City’s planning documents and the regulations of the municipal code. Not all goals and policies are fully addressed at annexation. Compliance with a policy or goal may occur later during a land development process when a specific regulation is applied. Related code sections and associated timing that might further address the policies and goals are included in the analysis below, where appropriate. Examples provided are illustrative, and do not represent a comprehensive listing but are illustrative. Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals 23 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 16 of 51 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 east for approximately 332 lineal feet and on the north for 1300 lineal feet.. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion not met. This goal is only applicable to county areas that where the city has grown around them, not to annexations on the edge of the city. The subject property is adjacent to the city on its north and east bounds, and contiguous with county land to the west 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 This goal is only applicable to property that already receives municipal services. The subject property contains no structures utilizing or contracting with City services. Municipal Code Section and Title Subject Related Documents When standard is applied 40.03.1380 Consent to Annexation Service outside of the city limits Water and sewer facility plans, Design Standards and Specifications Policy After annexation and prior to extension of 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. No specific development plan has been submitted. Applicant seeks R-4 zoning for eventual residential development at urban rather than rural intensity. Future proposed developments will be required to utilize municipal water or sewer systems. Municipal Code Section and Title Subject Related Documents When standard is applied 24 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 17 of 51 38.350.030.D Required connection to water and sewer municipal systems Water and sewer facility plans Subdivision or site plan review, or approval to connect 38.410.070, Municipal water, sanitary sewer and storm sewer systems. Installation of water and sewer services Water and sewer facility plans, Design Standards and Specifications Policy Subdivision or site plan review, or approval to connect 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 continues expansion of city boundaries in a methodical regular manner. Visual observation shows a continuance of the regular city boundary with this property annexed. 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 subject property will provide additional right of way for Fowler Lane to the west which is designated by the City as a minor arterial. Easements or future easements for Fowler Lane are required by the terms of annexation (see Terms of Annexation 8 and 10 above). Although the improvements will not happen at the time of annexation, future development will be required to install these improvements as their frontage requirements. Upon future development, Fowler Lane will need to be constructed to the City’s adopted standards adjacent to the subject property. Adjacent development to the north constructed the portion of Fowler connecting to Stucky Road to a municipal standard. Future development within the annexing area will create a local street network to provide local services and will also provide connections back to the existing street network 25 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 18 of 51 Municipal Code Section and Title Subject Related Documents When standard is applied 38.400.010 Transportation facilities and access Construction and placement of streets Transportation Master Plan, Design Standards and Specifications Policy Subdivision or site plan review 38.400.020, Street and road dedication Construction and placement of streets Transportation Master Plan, Design Standards and Specifications Policy Subdivision or site plan review 38.400.050 Street and road right-of- way width and construction standards Construction and placement of streets Transportation Master Plan, Design Standards and Specifications Policy Subdivision or site plan review 38.410.060 Easements Location and form of easements Transportation Master Plan Annexation for collector and arterial streets. Subdivision or site plan for all others. 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 Met. The subject property is approximately 10 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. Annexation itself does not modify demand for water as it does not authorize any construction. After annexation, the subject property will be bound to the provisions of 38.410.130 which requires evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review when detailed information to support determination of required quantity of water to provide service is available. . There are several methods to address the requirements of 26 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 19 of 51 38.410.130. The annexation agreement will provide notice of this requirement, see Recommended Terms of Annexation #6.c., 12, 16, and 17. The landowner will consent to this requirement by signature on the annexation agreement. Municipal Code Section and Title Subject Related Documents When standard is applied 38.410.130 Water Adequacy Water rights to serve new development Water master plan, Integrated Water Facility Plan Annexation, subdivision or site plan review 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 9-17, the Annexation Agreement needed to finalize the annexation 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. Municipal Code Section and Title Subject Related Documents When standard is applied 38.350.030.D Required connection to water and sewer municipal systems Water and sewer facility plans, Design Standards and Specifications Policy Subdivision or site plan review, or approval to connect 38.410.070, Municipal water, sanitary sewer and storm sewer systems. Installation of water and sewer services Water and sewer facility plans, Design Standards and Specifications Policy Subdivision or site plan review, or approval to connect 27 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 20 of 51 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, additional right of way is being included for Fowler Lane. The Recommended Terms of Annexation include requirements for this right of way provision. See Terms of Annexation 8. Future construction of streets and Class I public trails at the time of development are subject to the following: 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 Easements for arterial, collector street, and Class 1 Trails with annexation. All others with 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. 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. 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. 28 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 21 of 51 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 City Zoning Commission will review the requested zoning district designation on March 17, 2025. The Community Development Board’s recommendation, acting in their capacity as the Zoning Commission, will be passed along to the City Commission for review and consideration along with the annexation request on April 8, 2025. [Note: The annexation and the placement of a zoning district designation on the property by the City does not guarantee available services. Section 38.300.020.C of the Unified Development Code states: “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.”] Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of R-4, Residential High Density district. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. 29 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 22 of 51 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 on the west by Fowler Lane which is a minor arterial street. It is currently not paved, however, upon future development, Fowler Lane will need to be constructed to the City’s standards adjacent to the subject property. 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 Utilities , as outlined by Section 38.410.130 of the municipal code at the time of future development. Term of Annexation 14, requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. Future provision of water rights at the time of development is subject to the following: Municipal Code Section and Title Subject Related Documents When standard is applied 38.410.130 Water Adequacy When water rights are due and in what form Water facility plan Integrated Water Resources Plan Subdivision or site plan review 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. The property is located adjacent to existing urban development that is currently served by Bozeman Fire and Police Departments. Water and sewer infrastructure is installed up to the northwest corner of the property within the Fowler Lane ROW. Additional water and sewer service will be required as the property develops. 30 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 23 of 51 Per Term of Annexation 6.a, 6.d, 9, 11, 12, 13, and 15, 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 volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Future construction of infrastructure or provision of services at the time of development is subject to the following: 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 38.270 Completion of Improvements When infrastructure and other improvements must be completed with development Facility plans and design standards applicable to the particular improvements Subdivision or site plan review 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. 38.400.010 Streets, general Access for emergency services Transportation Master Plan Subdivision or site plan. 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 31 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 24 of 51 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 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 condition 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. Currently there existing dwellings serviced by existing septic systems. City services are not currently being provided to this property and no emergency connection has been requested. Future development will be required to connect to City services and the owner will not later than that time need to abandon the existing septic and well (see Terms of Annexation 15). This annexation is not a result of an emergency condition requiring connection. Municipal Code Section and Title Subject Related Documents When standard is applied 40.03.1380 Consent to Annexation Service outside of the city limits Water and sewer facility plans, Design Standards and Specifications Policy Prior to extension of services 32 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 25 of 51 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 Transportation and Engineering must be provided with the Annexation Agreement. Typically, this is a PDF containing the metes and bounds legal description of said property. (Mapping requirements are addressed in Recommended Term of Annexation # 2). Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Criterion met. This annexation does not require immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in 2.06 Division 9, BMC. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Criterion met. Notices of the public hearing have been sent, published in the newspaper, and posted on the site as set forth under this policy. See Appendix A for further discussion on noticing specifics. 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 returned within the stated 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. This policy will be implemented after the Commission acts on preliminary approval or denial of this application. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion met. This annexation is being processed under Part 46 provisions. 33 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 26 of 51 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. Criterion 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 Gallatin Planning Office and Hyalite Rural Fire District were notified via email on Wednesday, March 5, 2025. As of the date of this staff report, no comment has been received. 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. Terms of Annexation 9, 11, 12, 13, 14, and 15 requires full compliance with this policy. There are existing dwellings on onsite. If annexation is approved and prior to any new development, all septic systems and water use for human consumption will be severed and abandoned. All future development will be required to connect to city services. Municipal Code Section and Title Subject Related Documents When standard is applied 38.350.030.D Required connection to water and sewer municipal systems Water and sewer facility plans, Design Standards and Specifications Policy Subdivision or site plan review or approval to connect 40.03.1380 Consent to Annexation Service outside of the city limits Water and sewer facility plans, Design Standards After annexation and prior to extension of services 34 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 27 of 51 and Specifications Policy SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications 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. For information about how the code as a whole applies examples of specific code sections and the timing of future application is provided as part of the analysis below. 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. 35 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 28 of 51 “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” 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, 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 36 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 29 of 51 recognizes that it does not come without drawbacks and that the community will change over time. The Applicant narrative makes a case in support of the requested zoning classification. Staff generally concurs with these findings. Sheet 001 - Narrative 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 Meadow Creek Subdivision, has a density of approximately 5 dwelling units per net acre. The development in progress to the north has an active planning entitlement for 237 dwelling units with a density of 11.7 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. 37 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 30 of 51 Figure 1: Average Living Units per Acre by Zoning Designation, City of Bozeman/MT Dept. of Revenue 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 (BCP 2020). Some 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. 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. Goal N-3: Promote a diverse supply of quality housing units. As noted above the area is designated as Urban Neighborhood according to the Future Land Use Map (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 sized apartments, two to four attached unit structures, and single-detached structures. Currently, there are three homes on the subject project. The existence of the R-4 zoning does necessitate a change to the existing structures, 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. 38 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 31 of 51 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. Fowler Lane is a designated Minor Arterial as shown in the Bozeman Transportation Master Plan, 2017 Edition. The subject property is within 0.75 miles of a variety of commercial interests at the corner of Stucky Road and South 19th Avenue. Therefore, placement of higher density development adjacent to Fowler Lane 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 not wholly surrounded within the city but is adjacent for over 1600 feet. 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 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 three residential buildings currently on the lot and served by the Hyalite Rural Fire District. 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 not common to the City as a whole. Upon annexation the subject property will 39 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 32 of 51 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 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. 40 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 33 of 51 The existing right-of-way and condition of Fowler Lane ensures adequate facilities for the existing development. The application of terms of annexation requiring annexing the right- of-way for Fowler Lane will ensure adequate facilities for any future development. Future 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 41 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 34 of 51 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. Fowler Avenue has been recently constructed to an urban design standard and municipal water and sewer mains extended to the northern edge of this property. The installed mains have the capacity to serve this property with appropriate extensions into the site. 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 Annexation for collector and arterial streets. 42 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 35 of 51 plan, Water facilities plan Subdivision or site plan for all others. 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 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 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 Park, Recreation, and Active Transportation Plan Subdivision or site plan review 43 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 36 of 51 development of parks and trails 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 Fowler Lane, and surrounding local streets, at the time of future development. The subject property 10-acres and is located near to the intersection of Fowler Lane and Blackwood Road. 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 Agricultural 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 review 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 to service capacity 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 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 44 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 37 of 51 proposed. Fowler Lane is classified as a minor arterial 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 Fowler Lane which has 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. 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. 45 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 38 of 51 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 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. 46 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 39 of 51 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; 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. 47 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 40 of 51 “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.” 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. 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. 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 48 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 41 of 51 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan, building permit 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 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.” 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 future development on this parcel and existing residential uses, and promotes urban growth as called for in the BCP 2020. Housing is the dominant use in both the proposed R-4 district and the adjacent R-3 and R-4 districts. 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. 49 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 42 of 51 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 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 City of Bozeman R-3 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, 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 generally consistent zoning and use agricultural and suburban to the south and west, urban and residential to the north and east. Notably are R-4, the 50 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 43 of 51 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. 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 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 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 51 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 44 of 51 rural/suburban 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 proposed R-4 zoning district and the adjacent R-3 and existing 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 text amendment in 2021 allows “limited apartments” in the R-3 district. Limited apartments are structures that host up to eight dwellings units. 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. 52 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 45 of 51 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. 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 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 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 as the dominant use in the vicinity and has proximity to educational and 53 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 46 of 51 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 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 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 54 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 47 of 51 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 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) state the writing is a “protest”, rather than merely expressing opposition; (ii) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (iii) 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, KDG Holdings, LLC, seek to annex a single parcel totaling 10 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 “Agriculture Suburban” (AS) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). The purpose is to demolish the existing residential structures and replace it with a multi-family residential structures. The subject property is tract land and has never formally been through a subdivision process. 55 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 48 of 51 Adjacent city zoning includes R-4 and R-3districts. The properties to the south and west have not been annexed and are zoned AS, Agriculture 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. The subject property has a primary access from Fowler Lane, a Minor Arterial according to the Bozeman Transportation Master Plan, 2017 Update. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on March 1, and March 15, 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: 56 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 49 of 51 “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: 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.” 57 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 50 of 51 58 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 51 of 51 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner:KDG Holdings, LLC; 5532 Fowler Lane, Bozeman, MT 59715 Applicant:Intrinsik Architecture, Inc.; Attn: Tyler Steinway; 106 East Babcock Street, Suite 1A, Bozeman, MT 59715 Representative:Intrinsik Architecture, Inc.; Attn: Tyler Steinway; 106 East Babcock Street, Suite 1A, Bozeman, MT 59715 Report By:Zachary Moon, Associate 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. Application Narrative Annexation Map Zone Map Amendment Map Application Drawings Application Documents Application Notice 59 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Erin George, Community Development Interim Director SUBJECT:Upcoming Items for the April 7, 2025, Community Development Board Meeting MEETING DATE:March 17, 2025 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Information only, no action required. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The following items are presently scheduled for review at the April 7, 2025, Community Development Board meeting: 1. Update to Stormwater Facilities Plan [External Link]. Considered in the role as the Planning Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: March 11, 2025 60 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Erin George, Community Development Director SUBJECT:Update to Community Development Board on 2025 Montana Legislative Session MEETING DATE:March 17, 2025 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Receive information STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:The City conducts land use planning and regulation within the framework established by the state. In 2023, the Montana Legislature made many changes in laws we must address. That trend is continuing in this 2025 session. As the Board is aware, the City is working to update the Unified Development Code. This work is, in part, to implement the changes the state made in 2023. Staff will provide a quick overview of ongoing legislation that may impact the UDC update. The Legislature's website is https://www.legmt.gov/ [External Link]. The State provides a tool, Bill Explorer [External link] to enable people to view the text of bills, track their status, identify a bill sponsor, and see other relevant information. UNRESOLVED ISSUES:None, this is an information item only. ALTERNATIVES:Not applicable. FISCAL EFFECTS:None. Report compiled on: March 12, 2025 61