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HomeMy WebLinkAbout001 - The Ranch Annexation Narrative The Ranch Annexation & ZMA October 2024 October 2024 2 Table of Contents Narrative I. Project Overview II. Response to Annexation Goals, Policies & Approval Criteria III. Response to Zone Map Amendment Approval Criteria IV. Response to Spot Zoning Criteria Appendices Appendix A: Vicinity Map Appendix B: Current Zoning Map Appendix C: Future Land Use Map Appendix D: Proposed Zoning Map Appendix E: Zone Map Amendment Editable Legal Description October 2024 3 I. Project Team OWNER & APPLICANT SD BAXTER MT LLC Attn: Keith Gelder 2639 Professional Circle Suite 101 Naples, FL 34119 Ph: 239.280.6504 Email: kgelder@stockdevelopment.com PROJECT CONSULTANTS PLANNING Intrinsik Architecture, Inc. Attn: Tyler Steinway 106 East Babcock Street, Suite 1A Bozeman, Montana 59715 Ph: 406.582.8988 Email: tsteinway@intrinsikarchitecture.com CIVIL ENGINEERING AE2S Attn: Zach Magdol 1288 North 14th Avenue Unit 103 Bozeman, Montana 59715 Ph: 406.219.2633 Email: Zach.Magdol@AE2S.com LANDSCAPE ARCHITECTURE Design 5 Attn: Troy Scherer 111 North Tracy Avenue Bozeman, Montana 59715 Ph: 406.587.4873 Email: troy@design5la.com October 2024 4 Project Narrative Executive Summary The project team is submitting an application for Annexation and Initial Zoning to bring one parcel, totaling 163.98-acres, into the city. These parcel borders annexed land on the south and east side. The initial zoning request is to zone this property is a mix of Residential Mixed-Use High-Density District (R- 5) and Residential Medium Density District (R-3). Project Description The applicant is requesting to annex one parcel, totaling 163.98 acres, located at the southeast corner of the intersection of Baxter Lane (Minor Arterial) and Harper Puckett (Principal Arterial) and establish the initial zoning as a combination of Residential Mixed-Use High Density (R-5) and Residential Medium Density (R-3). This parcel is located within the Community Plan’s Urban Neighborhood Designation, which provides R-5 and R-3 zoning as compatible implementing zoning districts. There are 6 outbuildings located on the southwest portion of this parcel. The subject property is currently bordered by annexed land along the entirety of the eastern and southern boundaries of the parcel. From a land use perspective, the subject properties are surrounded by a variety of uses that range from residential, commercial and public lands to the south and east, to agricultural to the north and west. The Bozeman Community Plan Urban Neighborhood designation calls for a variety of residential uses in a variety of types, shapes, sizes and intensities. Furthermore, large areas of single type of housing are October 2024 5 discouraged. When analyzing these guiding principles, the goals of the proposed ZMA, and the surrounding context of the site, the R-5 and R-3 zoning designations present themselves as logical zoning designations. The intent of the R-5 zoning designation is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. This district accomplishes this intended purpose by allowing a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents and encourages the integration of small-scale commercial as a secondary use. The intent of the R-3 zoning district is to provide medium density development of 1-8 household residential structures. This district also calls for flexibility of lot sizes to allow for clustering and mixing housing types. This Annexation and Zoning request demonstrates a vision that aligns with the current Bozeman Unified Development Code (as well as the future draft . . .), Montana Code Annotated and the Bozeman Community Plan. The proposed zoning allows for consistent land use patterns that uphold the existing character of the surrounding community and aims to accomplish several goals and themes of the community plan as outlined in our application responses below. Response to Annexation Goals, Policies & Approval Criteria The Applicant understands that the Annexation of a property is subject to the goals and policies established by Commission Resolution No. 4400. These goals and policies are outlined and addressed below. In addition, the Annexation Map and Zone Map Amendment Exhibits are included with this application for further reference (Appendix A-D). October 2024 6 Annexation Goals 1. The City of Bozeman encourages Annexations of land contiguous to the City. Response: The subject site is bordered by annexed land on two sides. The entirety of the site’s southern property line is bordered by annexed land along Baxter Lane, and a large majority of the site’s eastern property line is bordered by annexed land along Cottonwood Road. 2. The City encourages all areas that are totally surrounded by the City to annex. Response: This subject site is bordered by annexed land on two sides. While it is not wholly surrounded it is well within the Urban Services Boundary and as this area continues to develop further, it can be surmised that this parcel of land will be surrounded by annexed land on all sides in the not-too-distant future. 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. Response: The applicant plans on contracting with the City for services upon future development. 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. Response: The property is located within the urban growth area and service boundary of the existing municipal water and sewer systems. 5. The City encourages Annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Response: The subject property is located within the proposed urban growth area, abutting annexed land to the south and east, making this property a logical extension of the City. The Future Land Use Map identifies this area as Urban Neighborhood. The property’s proximity to nearby residential communities like Baxter Meadows, Flanders Mill, and Northwest Crossing subdivision make its annexation into the city with R-3 and R-5 zoning a logical addition that is in line with what the Community Plan envisions for this area, and specifically, for this property. 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. Response: This annexation will help to square off the current city boundary in this area. This application will simplify the city boundary and will help to create a more uniform boundary line between the City and unannexed land. 7. The City of Bozeman encourages Annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Response: The subject site is bordered by Baxter Lane, which is designated as a Minor Arterial and Cottonwood Road (Harper Puckett Road), which is designated as a Principal Arterial. Future October 2024 7 development on this property envisions logical extensions of the existing road network at several locations on site. These extensions of the existing road network are as follows: Laurel Parkway (Collector) from Baxter Lane to the northern boundary of the site. Harper Pucket Road (Principal Arterial) from Baxter Lane to the northern boundary of the site. Kimberwicke Street (Local) from Harper Puckett to Laurel Parkway. Equestrian Lane (Local) from Harper Puckett to Laurel Parkway. These logical extensions of the existing road network, along with the addition of new segments of local roads will help to ensure proper and efficient traffic circulation both on-site and the surrounding area. At the time of future development traffic will be further studied for conformance with the adopted rules and regulations. 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. Response: The subject property is 163.98 acres. 9. The City seeks to obtain water rights adequate for future development of the property with Annexation. Response: The subject property includes four total water rights which, upon annexation, will transfer ownership to the City of Bozeman. The subject property water rights include one groundwater claim (Domestic, 1.5 ac-ft, 41H13991200) and three surface water claims for agricultural purposes (41H13991500, 41H4251200, and 41H30159830). Additionally, the applicant will provide cash-in-lieu of water rights per City code for the remaining demand caused by the proposed development. 10. The City of Bozeman encourages Annexations for City provision of clean treated water and sanitary sewer. Response: The subject property intends to develop as residential land use and proposes to connect to City water and sewer service. Annexation Policies 1. Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Response: The Applicant understands the requirements of Annexation and each of the adopted policies associated with Annexation. The applicant is willing to dedicate required easements and rights-of-way, and sign waivers of right to protest for future SIDs. 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for Annexation. October 2024 8 Response: Understood. A request for initial zoning has been included with this application. Adjacent conditions, circulation, potential open space, and watercourses were all thoroughly considered when determining areas of requested zoning. 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. Response: The requested R-3 and R-5 zoning districts are both authorized for application within the Urban Neighborhood Future Land Use category. 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. Response: Understood. The request for initial zoning has been submitted with this application. 5. The applicant must indicate their preferred zoning classification as part of the Annexation petition. Response: The Applicant is requesting a combination of R-5 (Residential Mixed-Use High Density) and R-3 (Residential Medium Density) for this project. Additional information on the requested zoning is included below to satisfy the requirements for initial zoning of the to be annexed site. 6. Fees for Annexation processing will be established by the City Commission. Response: The applicant understands that there is a fee associated with the Annexation and zoning of this parcel. The required fee will be submitted as part of a complete application. 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. Response: No unpaved county roads are proposed for access to the property. The applicant will ensure that adequate access to the property is provided with any future development. 8. Prior to Annexation of property, the City will require the property owner to acquire adequate and useable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Response: The subject property includes four total water rights which, upon annexation, will transfer ownership to the City of Bozeman. The subject property water rights include one groundwater claim (Domestic, 1.5 ac-ft, 41H13991200) and three surface water claims for agricultural purposes (41H13991500, 41H4251200, and 41H30159830). Additionally, the applicant is annexing with the understanding that the applicant will be allowed to pay cash-in- lieu of water rights per the City’s current code for the remaining demand caused by the proposed development. 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 October 2024 9 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. Response: The subject property lies directly adjacent to the current City limits boundary which will help facilitate the extension of services to ensure public health, safety and welfare. The proposed development intends to connect to City water and sewer service. The subject property lies within two sewer drainage basins as defined in the 2015 Wastewater Collection Facility Plan; Baxter Creek and Aajker Creek. Infrastructure to serve the Baxter Creek portion of the site exists in proximity, providing straightforward connection. The Aajker Creek drainage basin encompasses the western extents of Bozeman’s growth boundary and is entirely undeveloped at this time with no sewer infrastructure. The subject property lies at the upstream end of one of the Aajker Creek basin branches and would require extensive conveyance and pumping infrastructure to conform to the 2015 Facility Plan and 2024 Update (currently in draft form). As part of this annexation application, a detailed wastewater collection analysis was completed for the site to evaluate the feasibility of a temporary lift station serving the entire site and connecting to existing Baxter Creek drainage basin infrastructure. Although this analysis showed that there is sufficient capacity within the Baxter Creek drainage basin infrastructure to serve the entire subject property, the remaining capacity in that basis is technically allocated for future development to the southern extents of the Baxter Creek basin. The analysis also provided concept design for regional gravity sewer to enable a larger temporary lift station be decommissioned and allow wastewater to continue downstream to a future regional lift station as the drainage basin builds out. Although there are feasible temporary options to serve the entire, preliminary conversations with City staff have indicated that the City is seeking to establish the western-most Regional Lift Station (Gooch Hill lift station) as defined in the Facility Plan. The Gooch Hill lift station could serve the entire subject project once it is constructed. The applicant is proactively engaged with City staff to tackle the challenges with the expansion of sewer facilities within the Aajker Creek Drainage Basin, which will serve a large future growth area. A large area directly west of the City limits, comprising approximately 2000 acres generally between Baxter Lane, East Valley Center, Love Lane, and Harper Puckett will become much more economically and environmentally feasible to develop and annex into the City. The applicant is taking an active role in the planning and development of this drainage basin and regional lift station; specifically through their engagement with City staff, supporting a detailed engineering study on regional lift station, and through exploring various means of supporting the financing of the infrastructure. 10. The City may require Annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to Annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for Annexation and filing of a notice of consent to Annexation with the Gallatin County Clerk October 2024 10 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. Response: City services will be requested for the development of this parcel. 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. Response: The required mapping materials have been included in this submittal. 12. The mapping may be waived by the Director of Public Works. Response: Understood. The applicant has provided the requested mapping information. 13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Response: The applicant acknowledges and understands this requirement. In working with city staff on the potential new lift station, as well as growing the collector and arterial street network, we will be exploring impact fee credits for any contribution in excess of the applicant’s fair share to these capacity expanding projects. 14. Public notice requirements: Notice for Annexation of property must be coordinated with the required notice for the zone map amendment required with all Annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Response: Required public notice materials for the Annexation and Zone Map Amendment have been provided with this submittal. 15. Annexation agreements must be executed and returned to the City within 60 days of distribution of the Annexation agreement by the City, unless another time is specifically identified by the City Commission. Response: The Applicant team would like to begin to coordinate on preparing the Annexation agreement prior to final review and possible Annexation approval by City Commission. Please advise on best and advance next steps to accomplish this task. 16. When possible, the use of Part 46 Annexations is preferred. Response: Part 46 Annexation is not applicable. 17. Where a road improvement district has been created, the Annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Response: Understood. October 2024 11 18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for Annexation. Response: Acknowledged. 19. The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Response: The applicant intends to connect to and use City services for all planned development. The Applicant team understands the additional requirements of this Annexation policy and intends to abide by this standard. Connections to the water and sewer system will occur with future development. 20. Additional Site Information Response: No additional site information has been requested nor has the applicant identified additional materials relevant to this application that are essential to include in this packet for review. October 2024 12 Responses to ZMA Approval Criteria Below are responses to the ZMA Approval Criteria (Section 76-2-304, MCA) that address how the project relates to and meets the criteria outlined for the approval of a zone change. a. Is the new zoning designed in accordance with the growth policy? How? Yes. The future land use map, as an illustration, is the fundamental building block to communicate the City’s desired outcome to accommodate the complex and diverse needs of its residents. The Future Land Use Map in the Bozeman Community Plan 2020 designates the property as Urban Neighborhood. The Bozeman Community Plan’s Urban Neighborhood designation is intended for land that is used for residential uses at an urban density, in a variety of types, shapes, sizes, and intensities. When analyzing these guiding principles, the goals of the project, and the surrounding context of the site, the combination of R-3 and R-5 zoning designations become clear as the most appropriate zoning designations for this property. This development pattern is consistent with several goals and objectives of the Community Plan including: RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. R-2.8 Harmonize with Existing Activity: Expand, enhance, or leverage work being done to build on existing efforts. The Zone Map Amendment is proposed in association with an Annexation. The subject property is located directly adjacent to land already in the City of Bozeman. This application would reduce the size of the enclave of unannexed parcels that are surrounded by Annexed land and will result in a regular- shaped City boundary. Furthermore, the property is located within the urban services boundary and can be serviced with utilities. Goal N-4: Continue to encourage Bozeman’s sense of place. N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing. The proposed R-5, and R-3 zoning would allow a diversity of housing typologies, providing for a higher number of units that could take the shape of a variety of product types. The R-5 zoning allows for every residential land use outside of a manufactured home community (which is only allowed in RMH). N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. October 2024 13 This project site is in close proximity to several schools. Additionally, this site is adjacent to both existing and future intersections of high classification roads. The project site is also adjacent to Northwest Crossing which will have a mix of commercial mixed-use buildings. locating residential near these amenities will help their viability. Finally, the multimodal network in this area is rapidly expanding and will be further expanded by any future development. Goal N-3: Promote a diverse supply of quality housing units. N-3.1 Establish standards for provisions of diversity of housing types in a given area. The R-5 district allows for the construction of a full range of residential buildings. This supports the opportunity for diversity of supply. The quality of housing will be assessed and assured during subsequent development review for compliance with both the UDC and the adopted buildings codes. Furthermore, the surrounding area shows the diverse nature of building products in the area. N-3.8 Promote the development of "Missing Middle" housing (side by side or stacked duplex, triplex, live- work, cottage housing, group living, rowhouses/ townhouses, etc.) as one of the most critical components of affordable housing. The proposed R-5 and R-3 zoning are in alignment with the goals of development for the “missing middle” housing by allowing higher densities and a more diverse array of housing types than the currently allowed in any other residential zoning districts. Multi-household dwellings, such as apartments, two- and three-household dwellings and townhouses/rowhouses, are permitted uses within the proposed zoning district. Allowing these extra housing types will hopefully allow for the creation of smaller units which in theory could help meet this missing middle demand. Goal DCD-2.2: Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. Baxter Lane, Harper Pucket Avenue and Laurel Parkway are all shown in the transportation plan to be arterials and collectors, which are the highest classification of streets. These roads are main corridors through town and is projected to become even more significant. Therefore, placing R-5 next to it meets this community plan goal. These major corridors make the perfect location for placing high density residential. b. Will the new zoning secure safety from fire and other dangers? How? Yes. The subject property is currently served by the City of Bozeman Fire and Police Departments. The fire department can access this site. This zoning change will therefore will not have an impact on site safety. Additionally, the building and fire codes as well as the Unified Development Code will help ensure structures are safe from fire and other dangers. c. Will the new zoning promote public health, safety and welfare? How? Yes. Future development of the site will require site plan review and compliance with the City’s Unified Development Code which ensures the promotion of public health, safety and general welfare. The proposed amendment will not put undue burden on municipal services, emergency response capability, or similar existing requirements. Furthermore, any future development will be reviewed as a subdivision October 2024 14 and site plan application which will allow for the appropriate City departments to weigh in on municipal services, and emergency response capability. Any future development on this site will require the extension of city services including road, water and sewer. These expansions will help promote health, safety and welfare. d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements? How? Yes. The City’s adopted plans for municipal transportation, water, sewer, parks, and other facilities and services ensure that this site will have services necessary to serve new development. This project site lies within the City’s sewer, storm water and water facility plan boundaries. Furthermore, as discussed in section 9, the applicant is taking an active role in the expansion of the City’s regional sewer infrastructure and capacity to serve the Aajker Creek Drainage Basin. Future submittals will be reviewed for compliance with the City’s codes to ensure appropriate levels of transportation, water, sewer, schools, and parks are provided. Site plans, subdivision proposal, or other development applications will ensure adequate capacity for all required municipal services. As is stated in in the UDC, the designation of a zoning district does not guarantee approval of proposed development plans until the City can verify the availability of needed infrastructure and services. e. Will the new zoning provide reasonable provision of adequate light and air? How? Yes. The City of Bozeman’s UDC includes standards that address setbacks, park dedication, on-site open space, and building design standards, all of which help to achieve this requirement. Moreover, the building codes have standards for ingress and egress, ventilation, and related subjects that further support the provision of adequate light and air. Future site development will require compliance with all applicable City codes and standards necessary to ensure these primary human needs, and thus the proposed zoning will not have a negative impact on the provision of adequate light and air for future residents. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? Yes. The City’s transportation plan is used to evaluate transportation needs over the long term across the municipal area to account for the impacts of motorized vehicles as well as bikes and pedestrians. The parks and trails plans also examine and specify options for extensions of the existing trail network through this site. Future site development will examine impacts on the transportation network, parks, and trails system, and municipal facilities. Furthermore, these future development reviews will ensure that development under the new zoning will comply with the City’s standards for the provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite circulation. Traffic impacts will be studied by the development team to demonstrate compliance with the City’s long-range transportation plans. Future project development will ensure compliance with the acceptable traffic limits identified in the transportation plans, as well as provide for the dedication of rights of way, construction or reconstruction of streets and trails, payment of impact fees, and other contributions as will be applicable to this project. October 2024 15 This site specifically is adequately served by the newly upgraded Baxter Lane. Additional development in the R-5 and R-3 districts will likely result in increased trips but this site is uniquely situated by several high classification roads which are acutely equipped to handle a significant amount of traffic. g. Does the new zoning promote compatible urban growth? How? Yes. The Future Land Use Map included in the Bozeman Community Plan establishes the preferred and compatible development pattern for the City. The categories and descriptions act as a guide for what is considered compatible and appropriate. Careful consideration has gone into the creation of these map categories to ensure the long-term visions and goals of promoting sustainability, safety and a high quality of life. This property is designated as Urban Neighborhood on the Future Land Use Map. The R-3 and R-5 zoning districts are both listed as compatible zones under this designation. The growth policy supports the development of new residential uses through a variety of scales, types, and sizes. The applicant plans to develop this parcel in a manner that provides a combination of diverse housing options which will lead to the overall betterment of the community. The UDC defines compatible urban growth, which does not require uniformity in order to insure compatibility. Furthermore, the city’s zoning ordinance defines the uses and development standards associated with subject property under the auspices of the proposed R-3 and R-5 zoning. The proposed R- 3 and R-5 Districts allow the subject property to be developed for residential uses which are appropriate and compatible with the surrounding neighborhoods. h. Does the new zoning promote the character of the district? How? Yes. The Montana Code Annotated states, “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promotion of general health, and life safety 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 intact. The character of the surrounding area is in state of change but is largely characterized as a mix of residential and public lands. The character of the district is defined by the intent of the R-5 Zoning District, which is to: “… provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. These purposes are accomplished by: • Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. • Allowing offices and small scale retail and restaurants as secondary uses provided special standards are met. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services.” October 2024 16 The subject site is adjacent to a variety of housing types including single households, duplexes, townhouses, and apartment buildings as well as an emerging commercial node in Northwest Crossing and the new high school and sports complex. R-5 and R-3 equally allow these same housing types and therefore would maintain the character of the neighborhood. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Yes. The proposed R-5 and R-3 zoning districts are directly adjacent to other residential areas with compatible development patterns. To the south of the subject property is Northwest Crossing Subdivision, which is zoned REMU. This REMU zoning designation allows for high density residential development along with supporting commercial uses. To the southwest of the subject property is the proposed Baxter 80 subdivision, which will feature a combination of R-5 and R-4 zoning districts. This zoning allows for the development of medium-to-high density residential uses. To the east of the subject property is Baxter Meadows Subdivision, which is zoned R-1. This R-1 zoning designation supports the development of low density, single household residential patterns, which are present there today. The proposed mix of R-5 and R-3 zoning districts on the subject property allow for medium-to-high density residential development. The strategic placement of both proposed zoning districts on the subject property will allow the parcel to be developed in a pattern that provides a proper transition from the higher density residential and commercial uses to the south and west of the site, to the lower density residential uses that are present to the east of the site. j. Was the new zoning adopted with a view of conserving the values of buildings? How? Yes. The proposal for this parcel will bring development to the area that is compatible in use and scale. This addition of housing will help to address the demand for housing in the area, while also fulfilling this purpose in a manner that maintains the character that is presently surrounding the subject property. In addition to new housing options, future development on this parcel will also bring access to open spaces and trails that are not currently available on this property for current & future residents. The addition of this community asset will help to conserve the values of buildings in the area by increasing the amount of access to an essential resource. k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? How? Yes. The subject property is surrounded by other residential and supporting uses. The Community Plan illustrates the most appropriate uses of land through the future land use map. The Future Land Use Map Category that the subject property falls within is Urban Neighborhood. The R-3 and R-5 zoning districts will correspond with and compliment zoning of adjacent properties that are currently also within the Urban Neighborhood category on the future land use map. III. Response to Spot Zoning Criteria A. Are the requested zoning designation and potential uses significantly different from the prevailing uses in the area? No, therefore this criterion has been met. The area abuts several residential and mixed-use zoning district. The permitted uses in the proposed zoning districts are also permitted in the surrounding October 2024 17 districts so it is hard to imagine that the prevailing uses will be significantly different than the existing ones. B. Does the requested zoning designation benefit a small area and only one or a few landowners, or does the requested zoning benefit the surrounding neighborhood, community and general public? This zone change will benefit the surrounding neighborhoods, community, and general public altogether. The subject property is planned to be subdivided to allow for the purchase of lots for numerous residents. In addition, the creation of new housing on this parcel will help benefit the surrounding neighborhoods by providing more housing options to the area, which will alleviate the pressures associated with the growing demand for housing in the immediate vicinity. Finally, the general public will benefit in multiple ways. The applicant is actively engaged with the City to assist in installing a regional lift station which will be of benefit to the community, allowing for significant future growth to the west of the existing city boundaries. Along with improvements to transportation and other infrastructure networks, this will provide new opportunities for outdoor recreation for all residents of Bozeman. C. Is the requested zoning designation compatible with the zoning district’s plan or is it special legislation designed to benefit only one or a few landowners at the expense of the surrounding land owners? This ZMA does not represent special legislation designed to benefit the landowner at the expense of the adjacent property owners. The proposed zoning is the same zoning as the nearby properties, and therefore it is difficult to foresee this proposed zoning, respectively, will negatively impact the surrounding landowners. Additionally, the proposed zone change is compatible with City policies and state statute governing the approval of such requests. Preservation of the existing property will be the result of the requested zoning, which will ensure the existing character of this area will be maintained.