HomeMy WebLinkAboutEvans Zone Map Amendment No. Z-10047.pdf Report Complied On June 1, 2010
REPORT TO: Honorable Mayor & City Commission
FROM: Doug Riley, Associate Planner
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: Evans Zone Map Amendment #Z-10047
MEETING DATE: June 7, 2010
AGENDA MEETING ITEM: Action
RECOMMENDATION: That the City Commission adopts the findings presented in the staff report
and, as recommended by the City of Bozeman Zoning Commission, approves an initial municipal
zoning designation of R-1 (Residential, Single Household Low Density District) for the property subject
to the contingencies listed in Zoning Commission Resolution #Z-10047.
BACKGROUND: McCray and Delone Evans of 1524 South Rouse Avenue have made application to
the Bozeman Planning Office to amend the City of Bozeman Zone Map and establish a municipal
zoning designation on approximately 1.925+- acres of R-1 (Residential, Single Household Low Density
District) in conjunction with the annexation of the subject property into the City (Project #A-10002).
The intent of the “R-1” (Residential, Single Household Low Density) district is to provide for primarily
single-household residential development and related uses within the City at urban densities, and to
provide for such community facilities and services as will serve the area’s residents while respecting the
residential character and quality of the area.
The owner/applicant’s, who currently live in the adjoining lot to the west, (already within the City
limits), have indicated in meetings with staff that upon annexation and zoning approval, they intend to
construct one (1) single family home on the property and move to this property. Staff has recommended
approval of this request as noted in the REVIEW CRITERIA section beginning on page 3 of the
attached staff report.
The request for an initial zoning designation of R-1 was considered by the Zoning Commission at their
May 4, 2010 public hearing. The Zoning Commission voted 2-1 to recommend approval of the zone
map amendment for R-1 zoning as noted in attached Resolution #Z-10047 and the minutes from said
meeting.
UNRESOLVED ISSUES: None determined at this time. Issues pertaining to the floodplain,
watercourse setback, infrastructure and future development of the property are addressed as part of the
Annexation request (Project #A-10002).
Commission Memorandum
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Report Complied On June 1, 2010
ALTERNATIVES: 1) Approve the zone map amendment as recommended above by the Zoning
Commission and Staff.
2) Deny the zone amendment request.
· The applicant could then submit another zone map amendment
application for another zoning district consistent with the “Suburban
Residential” land use designation of the Bozeman Community Plan
and the “Preferred Open Space” designation of the Bozeman Creek
Neighborhood Plan.
FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will enable the
applicant to construct a home and connect to the City sewer and water adjacent to the subject property.
This would increase tax values and corresponding revenue from the property. The City will accrue
additional costs to service the property with municipal service.
Attachments: Zoning Commission Resolution #Z-10047
Zoning Commission Minutes of May 4, 2010
Staff Report
Aerial Photograph
Applicant’s Submittal Materials
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RESOLUTION #Z-10047
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP TO ESTABLISH AN INITIAL ZONING DESIGNATION OF
R-1 (RESIDENTIAL, SINGLE HOUSEHOLD LOW DENSITY DISTRICT) ON 1.925 +-
ACRES CONTINGENT UPON ANNEXATION OF SAID PROPERTY WHICH IS
DESCRIBED AS TRACT 1, COS NO. 688, SE ¼ OF SEC. 18, T2S, R6E, PMM,
GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of
the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 18.70 of the Bozeman Unified Development Ordinance sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, McRay and Delone Evans applied for a zoning map amendment, pursuant to
Chapter 18.70 of the Bozeman Unified Development Ordinance, to amend the Bozeman zoning
map to establish an initial zoning designation of R-1 (Residential, Single Household Low
Density District) for 1.925+- acres; and
WHEREAS, the proposed zoning map amendment request has been properly submitted,
reviewed and advertised in accordance with the procedures set forth in Chapter 18.70 of the
Bozeman Unified Development Ordinance and Title 76, Chapter 2, Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on May 4,
2010, to formally receive and review all written and oral testimony on the proposed zoning map
amendment; and
WHEREAS, three members of the public spoke at the public hearing expressing concerns
regarding developing multiple housing on the property, supporting a deed restriction preventing
development of the property, a suggestion for working with the Bozeman Creek Neighborhood
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to seek other alternatives to development of the property and concerns over the future trail called
for in the Neighborhood Plan; and
WHEREAS, the City of Bozeman Zoning Commission discussed the Bozeman Creek
Neighborhood Plan, the property rights of the owner, the power line easement, road right-of-way
and trail easements, floodplain issues and the character of the area; and
WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning
map amendment generally complies with the twelve criteria for consideration established in
Chapter 18.70 of the Bozeman Unified Development Ordinance;
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning
Commission, on a vote of 2-1, officially recommends to the Bozeman City Commission approval
of zoning application #Z-10047 to amend the Bozeman zoning map to establish an initial zoning
designation of R-1 (Residential, Single Household Low Density District) on 1.925 +- acres
contingent upon annexation of said property which is described as Tract 1, COS No. 688, SE ¼
of Sec. 18, T2S, R6E, PMM, Gallatin County, Montana subject to the following contingencies:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “Evans Zone Map Amendment”.
2. That the Ordinance of the Zone Map Amendment shall not be adopted until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation is not approved, the application shall be null and void.
3. That the applicant submit a zone amendment map, titled “Evans Zone Map Amendment”,
on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of
the area to be zoned, acceptable to the Director of Public Service, which will be utilized
in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map.
Said map shall contain a metes and bounds legal description of the perimeter of the
subject property and zoning districts, and total acreage of the property.
4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor
and map of the area to be rezoned, which will be utilized in the preparation of the
Ordinance to officially amend the zone map.
DATED THIS DAY OF , 2010, Resolution #Z-10047
_____________________________ ____________________________
Doug Riley, Associate Planner JP Pomnichowski, Chairperson
Dept. of Planning & Community Development City of Bozeman Zoning Commission
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ZONING COMMISSION MINUTES
TUESDAY, MAY 4, 2010
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pomnichowski called the meeting to order at 7:15 p.m. and ordered the Recording
Secretary to take attendance.
Members Present:
Nathan Minnick
JP Pomnichowski
Nick Lieb
City Commission Liaison
Members Absent:
Ed Sypinski
Staff Present:
Doug Riley, Associate Planner
Tara Hastie, Recording Secretary
Guests Present:
McRay Evans
Steven Anderson
Frank Munshower
Bob Wiersma
Chris Wasia
Bart Manion
Tom Henesh
Joe Billion
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Zoning Commission
and not scheduled on this agenda. Three-minute time limit per speaker.}
Seeing there was no public comment forthcoming, Chairperson Pomnichowski closed this portion
of the meeting.
ITEM 3. MINUTES OF APRIL 20, 2010
MOTION: Vice Chairperson Minnick moved, Mr. Lieb seconded, to approve the minutes of
April 20, 2010 as presented. The motion carried 3-0. Those voting aye being Mr. Lieb,
Chairperson Pomnichowski, and Vice Chairperson Minnick. Those voting nay being none.
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ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z-10047 – (Evans) A Zone Map
Amendment requested by the applicant and owner, McRay & Delone Evans, and
representative, Thomas, Dean & Hoskins, requesting to establish an urban zoning
designation of R-1 (Residential, Single Household Low Density District) on 1.925
acres in conjunction with annexation for property legally described as Tract 1,
C.O.S. 688, SE ¼, Sec. 18, T2S, R6E, PMM, Gallatin County, Montana and
generally located southeast of the intersection South Rouse Avenue and Lincoln
Street. (Riley)
Associate Planner Doug Riley presented the Staff Report noting the request was submitted in
conjunction with an annexation application. He stated the property was directly east of the
owner’s home and adjacent to their property. He stated the applicant was proposing low density
R-1 zoning. He noted surrounding zoning designations and their locations as well as County
property to the east of the site. He noted the location of Bozeman Creek flowing along the east
boundary of the property. He directed the Zoning Commission to an aerial photo of the site as it
exists. He stated the applicant’s had indicated a desire to construct one single-family home on the
property for their own use and would move from the existing home. He directed the Zoning
Commission to photographs of the site and noted locations of existing features. He stated the
application was in compliance with the Bozeman Community Plan Designation of Suburban
Residential for the property. He noted the proximity of water and sewer services within 200 feet.
He stated the requested R-1 zoning was in compliance with the Bozeman Creek Neighborhood
Plan as well and the hundred year floodplain and wetlands would need to be delineated for the
property as part of the annexation and would determine the building envelope. He stated another
consideration by Staff was the trail corridor along Bozeman Creek and was one of the
recommended annexation conditions of approval to establish the easement that would provide for
a future trail and compliance with the Bozeman Creek Neighborhood Plan. He stated Lincoln
Street connection was not required at this time since only a single home was being constructed
and it would be a number of years before Church Street would be upgraded to make that
connection. He noted the approximate location of the hundred year floodplain, but would need to
be established by a surveyor. He noted one item of public comment had been received in
opposition of the annexation and overall development of the property. He stated Staff was
supportive of the proposal with Staff conditions of approval.
Mr. Lieb asked the recommendation of the Bozeman Creek Plan had been open space. Planner
Riley responded Mr. Lieb was correct but the plan also recognized the rights of the property
owner as long as the proposal was compatible with the surrounding development and proximity to
water and sewer services.
Chairperson Pomnichowski stated the applicant’s materials had included a power line easement
and she hadn’t seen a letter from Northwestern Energy regarding the relocation of that easement.
Planner Riley responded the easement had been relocated to the northern boundary. Chairperson
Pomnichowski asked if there were plans to abandon the easement. Planner Riley responded he
believed the easement had been abandoned when the line was relocated. Chairperson
Pomnichowski suggested Planner Riley determine if the easement was abandoned before the City
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Commission hearing. Chairperson Pomnichowski stated health and general welfare included flood
zones and she had expected to see a more comprehensive map. Planner Riley responded he had
investigated the floodplain maps and found the eastern quarter of the property appeared to be in
the floodplain. Chairperson Pomnichowski asked what considerations had been given to street
dedication. Planner Riley responded there was existing dedicated right of way for East Lincoln
Street across the property and additional right of way was being required to obtain the full 60 feet
required that would allow potential for Lincoln Street construction in the future. Chairperson
Pomnichowski stated she did not see the reference for easements in the conditions of approval.
Planner Riley responded the easements would be conditions of approval for the annexation
application as per City annexation policy.
Steve Anderson of Thomas, Dean, & Hoskins and McRay Evans addressed the Zoning
Commission. Mr. Anderson stated Planner Riley had made a pretty complete presentation and he
had nothing to add. Mr. Evans stated the power line had once been kiddy corner to the property,
but currently went down the street. He stated it had not been possible to construct a house on
the property previously; they needed a home that did not have stairs due to their ages and were
planning a bungalow type house. He directed the Zoning Commission to pictures his wife had
drawn of what their house would look like if they were allowed to construct it. He stated in all
the years he’d been there he had never had flooding issues. Chairperson Pomnichowski
responded the 100 year flood plain would be important and the line would need to be determined
to provide the proper setback. Mr. Evans agreed and stated Mr. Anderson had been working on
the delineation. Chairperson Pomnichowski asked if the applicant would comply with the
Bozeman Creek Neighborhood Plan and the trail. Mr. Evans responded he would not like people
walking through his back yard but he would prefer the fencing that existed down further to help
keep people off his property; he added he would do whatever the Zoning Commission said.
Mr. Lieb asked if the applicant had a preferred building site on the lot. Mr. Evans noted the
location of where he would like to construct the house unless it was in the floodplain.
Chairperson Pomnichowski opened the item for public comment.
Frank Munshower, 1407 S. Bozeman Ave., President of Bozeman Creek Neighborhood
Association stated he had supported the Plan and its approval by the City Commission in 2004.
He stated the Plan would keep the area clean and the Association was not happy about the
proposal; what would prevent the owner from developing multiple housing on the lot. He
suggested a restriction be placed on the deed to prevent more than one residence from being
constructed. He stated development would further degrade the Bozeman Creek and the sewer
load was maxed out in that part of town; he added the development would increase costs to the
City when the sewer line was upgraded. He stated there were other avenues available to the
owner for developing in town. He suggested the Association wanted to see a restriction on the
deed to prevent further development of the property.
Bart Manion, neighbor of the owner, stated he had been put in a peculiar position as he had just
gone through a transfer of development rights; he added it had been an unpleasant experience. He
stated there were several banks in the City that had acquired vacant lots and might look favorably
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at giving the land to the Gallatin Valley Land Trust and the write off might be a favorable tax
situation for Mr. Evans in the future. He indicated Mr. Evans had been a great neighbor to
himself and his family and he knew what Mr. Evans would be dealing with; he suggested Mr.
Evans meet with the Bozeman Creek Neighborhood as he did not want to see Mr. Evans go
through the same thing as he did with transfer of development rights.
Seeing no further public comment forthcoming, the public comment portion of the meeting was
closed.
Chairperson Pomnichowski asked about the discussion held between Planner Riley and Gallatin
Valley Land Trust. Planner Riley responded he had wanted to ascertain what exactly the GVLT
would like to see in regards to the trail issue and they had indicated they would like to see it along
the creek in the watercourse setback. However, there had not been a desire to provide an
additional easement from east to west as the Lincoln Street right of way would provide the
pedestrian connection. Planner Riley stated one of the concerns expressed had been that multiple
homes would be constructed on the lot; multiple homes would require full street and sewer and
water main construction, which would likely make it cost prohibitive due to the size of the lot.
Chairperson Pomnichowski asked if the lines would have the capacity to support the site. Planner
Riley responded Engineering had determined the capacity was available to serve the existing site
and construction of a home.
Mr. Lieb stated he had a hard time understanding how R-1 zoning was acceptable when the
Bozeman Creek Neighborhood Plan called for open space.
Chairperson Pomnichowski reopened the public comment portion of the meeting.
Bob Wiersma, 1322 S. Rouse Avenue, stated the trail that was indicated on the map would go
right through the existing houses and through the back yard of another neighbor; it would need to
be redirected. He stated the trail just looked like it was oddly placed and he didn’t think Mr.
Evans would like the trail in his back yard either.
Seeing no further public comment forthcoming, the public comment portion of the meeting was
closed again.
Chairperson Pomnichowski stated the Zoning Commission could only consider the applicant’s
materials, Staff report, and adopted Neighborhood Plans and the 12 points for zoning
consideration in the ordinance. She stated if the applicant wanted to pursue conversations with
the Bozeman Creek Neighborhood Association and neighbors it would be up to them.
Mr. Lieb stated he did not think the proposed zoning complied with the Neighborhood Plan, he
thought traffic would be increased, and it would not prevent the overcrowding of land. He stated
the rest of the review criteria were probably neutral.
Chairperson Pomnichowski stated the City had adopted the Bozeman Creek Neighborhood Plan,
but would not preclude the rights of the property owners. She stated the consideration to the
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character of the district was difficult due to the surrounding homes and substation. She stated she
found the proposal to be in keeping with the first review criteria as the proposal was for the
strictest zoning designation. She stated she found the proposal to be in keeping with most of the
review criteria, but the sticky criteria were directly related to the Neighborhood Plan. She stated
generally County parcels surrounded by the City were appropriately annexed and zoned. She
stated she was supportive of the application with Staff conditions and reservations.
Mr. Minnick concurred with Chairperson Pomnichowski that the strictest zoning district was
being sought which alleviated many of his concerns. He stated he was supportive of the proposal
with Staff conditions of approval.
MOTION: Vice Chairperson Minnick moved, Mr. Lieb seconded, to forward a recommendation
of approval to the City Commission for Zone Map Amendment Application #Z-10047 with Staff
conditions of approval. The motion carried 2-1. Those voting aye being Vice Chairperson
Minnick and Chairperson Pomnichowski, those voting nay being Mr. Lieb.
ITEM 5. NEW BUSINESS
There was no new business forthcoming.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting was adjourned at 8:06 p.m.
_______________________________________ _______________________________________
JP Pomnichowski, Chairperson Doug Riley, Associate Planner
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
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Evans ZMA Staff Report #Z-10047 1
EVANS ZONE MAP AMENDMENT FILE NO. Z-10047
BOZEMAN ZONING COMMISSION STAFF REPORT
Item: Zoning Application No. Z-10047 – An application to amend the City of
Bozeman Zone Map to establish an initial municipal zoning designation on
approximately 1.925 acres of land of “R-1”, (Residential, Single Household
Low Density District), on property legally described as Tract 1, COS No.
688, SE ¼ of Sec. 18, T2S, R6E, PMM, Gallatin County, Montana
Applicant/Owner: McRay and Delone Evans
1524 South Rouse Avenue
Bozeman, MT 59715
Representative: TD&H, Inc. (Steven C. Anderson)
108 West Babcock
Bozeman, MT 59715
Date/Time: Before the Bozeman Zoning Commission on Tuesday, May 4, 2010 at 7:00
PM in the Commission Meeting Room, City Hall, 121 North Rouse Avenue
Bozeman, Montana and before the Bozeman City Commission on Monday,
June 7, 2010 at 6:00 PM in the Commission Meeting Room, City Hall, 121
North Rouse Avenue Bozeman, Montana
Report By: Doug Riley, Associate Planner
Recommendation: Approval of “R-1” with Contingencies
----------------------------------------------------------------------------------------------------------------------------
Location/Description:
The property is located directly behind (east) of the applicant/owner’s current home located at 1524
South Rouse Avenue and is legally described as: Tract 1, COS No. 688, SE ¼ of Sec. 18, T2S, R6E,
PMM, Gallatin County, Montana. The property under consideration is approximately 1.925 acres in
size, excluding the adjacent right of way to be zoned. Bozeman Creek constitutes the east border of the
property. Please refer to the vicinity map on the following page and the aerial photo attached at the end
of this report.
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RECOMMENDED CONTINGENCIES
Based upon review and consideration by the Development Review Committee and Planning Staff, and
after evaluation of the proposed zoning against the criteria set forth in Section 18.70.020 of the Unified
Development Ordinance and Section 76-2-304 Montana Codes Annotated, the Planning Staff
recommends approval of the requested Zone Map Amendment.
Staff recommends approval of a municipal zoning designation of “R-1” (Residential, Single Household
Low Density District), contingent on the following terms and contingencies:
1. That all documents and exhibits necessary to establish an initial municipal zoning designation
shall be identified as the “Evans Zone Map Amendment”.
2. That the Ordinance of the Zone Map Amendment shall not be adopted until the Annexation
Agreement is signed by the applicant and formally approved by the City Commission. If the
annexation is not approved, the application shall be null and void.
3. That the applicant submit a zone amendment map, titled “Evans Zone Map Amendment”, on a
24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area to
be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation
of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain
a metes and bounds legal description of the perimeter of the subject property and zoning
districts, and total acreage of the property.
4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor and
map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to
officially amend the zone map.
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Evans ZMA Staff Report #Z-10047 3
Proposal:
The landowner has made application to the Bozeman Planning Office for a Zone Map Amendment to
amend the City of Bozeman Zone Map and establish a municipal zoning designation on approximately
1.925 acres of R-1 (Residential, Single Household Low Density District) in conjunction with the
annexation of the subject property into the City.
The intent of the “R-1” (Residential, Single Household Low Density) district is to provide for
primarily single-household residential development and related uses within the City at urban densities,
and to provide for such community facilities and services as will serve the area’s residents while
respecting the residential character and quality of the area.
The owner/applicant, who currently lives in the adjoining lot to the west, (as shown on the attached
aerial photograph), has indicated in meetings with staff that upon annexation and zoning approval, they
intend to construct one (1) single family home on the property and move to this property.
Land Classification and Zoning:
The subject property is currently vacant with the exception of a storage building. Trees line Bozeman
Creek along the property’s east boundary. Existing right-of-way for East Lincoln Street runs along the
property’s north boundary.
The following land uses and zoning are adjacent to the subject property:
North: Residential Use, Zoned: “R-2” (Residential Two Household, Medium Density District).
South: Vacant (West side of Bozeman Creek), Residential (East side of Bozeman Creek), Un-
annexed County Land.
East: (Across Bozeman Creek) Northwest Energy Substation, Un-annexed County Land.
West: Residential Use, Zoned “R-3” (Residential Medium Density District).
REVIEW CRITERIA:
The Bozeman Planning Office has reviewed the application for a Zone Map Amendment against the
Bozeman Community Plan, the City of Bozeman Zoning Ordinance, and the twelve (12) criteria
established in Section 76-2-304, Montana Codes Annotated, and as a result offer the following
summary-review comments for consideration by the Zoning Commission and City Commission.
1. Is the new zoning designed in accordance with the comprehensive plan?
Yes. The Future Land Use Map of the Bozeman Community Plan designates the property to
develop as “Suburban Residential.” The Plan indicates that “this category indicates locations
generally outside of City limits, but within the planning area, where a land development pattern
has already been set by rural subdivisions. Subdivisions in this area are generally
characterized by lots two acres in size or less. It is probable that portions of this area may be
proposed for annexation within the next twenty years. The area is able to be served with
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municipal water and sewer services with appropriate extensions of main lines. Any further
development within this area should be clustered to preserve functional open space. Individual
septic and well services are discouraged. If development is proposed within reasonable access
distances to waste water and water services, annexation to the City should be completed prior
to development”.
The requested “R-1” (Residential, Single Household Low Density) zoning district designation
would implement the Suburban Residential land use designation. This site is below 2 acres in
size and can be served by municipal water and sewer via connection to the mains that serve the
residential areas along South Rouse Avenue to the west. The allowed R-1 District uses are also
limited in intensity with the primary focus being single family homes and accessory uses.
This site is also located within the Bozeman Creek Neighborhood Plan which is a sub-area plan
that was adopted by the City in 2004. The Plan’s introduction states that “this document
attempts to prevent the haphazard development of this area by protecting open spaces and by
encouraging well planned infill development that is compatible with both the existing adjacent
neighborhoods and the overall growth pattern of the City.” In that plan, the property is
designated within a large block of properties located on the west side of Bozeman Creek as
“Preferred Open Space”. In Section 5.1.1. (Land Use) of this plan, it indicates that “the land
use pattern depicted in the preferred alternative, which features significant amounts of open
space, represents a desired future land use pattern. However, this plan is not intended to
impact the right to legally use land; the plan recognizes that property owners have
development rights based on current zoning, and these property owners will be allowed to
develop their land if they comply with applicable City and/or County land development
regulations.” The Bozeman Creek Neighborhood Plan also details the desirability of a
trail/easement along the west side of Bozeman Creek for this area and Implementation Strategy
5.2.2 Creating Open Space and Trails, item 10.b. states that the “City of Bozeman should
actively pursue the acquisition of trail easements and open space through the development
approval process.”
The goals of the Bozeman Creek Neighborhood Plan will largely be achieved with this project
through the annexation approval of this property. One of the conditions recommended to be
placed on the annexation approval is delineation of the floodplain and watercourse setback,
(which is 75 feet from the edge of Bozeman Creek and shall be extended to the edge of any
delineated 100 year floodplain if the floodplain is larger than the setback), for this property
which will establish the preserved open space along Bozeman Creek and will establish the
allowable building area for the construction of a home. Another condition is the granting of a
25 foot wide trail easement within the delineated watercourse setback area in compliance with
the neighborhood plan and Bozeman Municipal Code. While trail construction will not be
immediately completed, the easement will allow future trail construction and connections to
adjacent lands/trails or sidewalks as additional easements are acquired through the land
development approval process to “contain a network of trails that would connect existing parks
together, such as Burke Park and Christie Fields” as stated in the neighborhood plan.
2. Is the new zoning designed to lessen congestion in the streets?
Yes. The subject property and proposed home can be accessed via connection to the end of
East Lincoln Street and to South Rouse Avenue. These streets are classified as local streets and
provide access to the property. While the construction of a single home on the property does
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not trigger road improvements, (i.e. construction or extension of E. Lincoln Street across the
northern boundary of the property), any development beyond a single home would trigger this
requirement and a note will be included in the annexation agreement to this affect. It should
also be noted that the Bozeman Creek Neighborhood Plan indicates that an extension of East
Lincoln Street across this property, and across Bozeman Creek, to connect to South Church to
the east, “should only be installed after South Church Avenue has been improved to a collector
standard…” .
3. Will the new zoning secure safety from fire, panic and other dangers?
Yes. The regulatory provisions established in all of the proposed zoning designations, in
conjunction with provisions for adequate transportation facilities, properly designed water
mains and fire service lines and adequate emergency exits/escapes, will address safety concerns
with any development of the property. All new structures and development on the subject
property would be required to meet the minimum zoning requirements for setbacks, lot
coverage, height limitations and lot sizes to ensure the health, safety and general welfare of the
community. Per Chapter 18.02 of the UDO, the City of Bozeman’s has the authority and
power to ask for more than the minimum standards if it ensures the best service to the public
interest.
4. Will the new zoning promote health and general welfare?
Yes. The regulatory provisions established through the City’s municipal code under Title 18,
Unified Development Ordinance, BMC, will adequately address the issues of health and
general welfare.
The property, upon further development, would be required to come into conformance with all
requirement of the zoning ordinance. Regulations regarding building setbacks, conformance of
any existing structures on site, and outdoor storage would be addressed at that time.
Water and sewer infrastructure are in the vicinity and available to the site.
5. Will the new zoning provide adequate light and air?
Yes. The regulatory standards set forth in the City of Bozeman Zoning Ordinance for the
requested “R-1” (Residential, Single Household Low Density) zoning district provides the
necessary provisions (i.e., yard setbacks, watercourse setbacks, lot coverage, and building
heights), which are intended to provide for adequate light and air for any proposed
development on the subject property.
6. Will the new zoning prevent the overcrowding of land?
Yes. The minimum yard setbacks established in the “R-1” district, as well as the limitations of
lot coverage for principal and accessory structures and off-street parking facilities, would
maintain the desired percent of buildable area. In addition, as previously referenced the
delineation of the 100 year floodplain and watercourse setback area as part of the annexation
will further limit the development or overcrowding of this particular property. Minimum yard
setbacks, height requirements, maximum lot coverage and required parking are also limiting
factors that help prevent the overcrowding of land. Such regulatory standards should prevent
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the overcrowding of land, and maintain compatibility with the character of the surrounding
area. The requested R-1 zoning, as the City’s designated single household low density district,
will also limit the development potential of the land.
7. Will the new zoning avoid the undue concentration of population?
Yes. Future development of the subject property as re-zoned under this proposal would allow a
density increase beyond what currently exists; however, this density is limited by the R-1
District itself as well as the delineation of the floodplain and watercourse setback for a
substantial portion of the property. In addition, compliance with the regulatory standards set
forth in the UDO and the International Building Code will aid in providing adequately sized
dwelling units to avoid undue concentration of population. According to the Census
information for the City of Bozeman the average household size has been declining from 5.74
in 1930 to 2.48 in 2000. This historical trend is likely to continue and would indicate that the
undue concentration of the population is not a significant issue with any zoning designation.
8. Will the new zoning facilitate the adequate provisions of transportation, water, sewer,
schools, parks, fire, police and other public requirements?
Yes. Construction of a home on this property can be accommodated via a driveway connection
to the existing street network (i.e. East Lincoln and South Rouse Avenue) to the west as well as
connection to the municipal sewer and water along these streets. Further assessment of the
impacts to infrastructure, public services, schools, park land, and other community
requirements would be further evaluated during any future preliminary subdivision plat and/or
site plan review for more significant development. Said impacts identified with development
of the property will be mitigated with recommended conditions of approval by the DRC with a
determination made by the governing body on adequate provisions.
The DRC has determined that municipal infrastructure is located in the area and may be
extended to the property by the landowner for further development of the site. Emergency
services are currently serving this area, and municipal police and fire are within adequate
response time of the site.
9. Does the new zoning give consideration to the peculiar suitability of the property for
particular uses?
Yes. The proposed zoning gives reasonable consideration to the character of the district by
matching the existing uses already in place in the vicinity. There is similar residential
development existing in this area to the north and west and, with the floodplain, watercourse
setback, and trail easement being established for the property, the goals of the adopted
Bozeman Creek Neighborhood Plan will be achieved. Thus, the proposed zoning appears to
give reasonable consideration to the peculiar suitability of the property as it relates to properties
and development in the vicinity.
10. Does the new zoning give reasonable consideration to the character of the district?
Yes. The most important factor in determining the suitability of the proposed zoning
designation is the potential for compatibility with existing, adjacent land uses. As envisioned
by the Bozeman Community Plan this area is to continue to develop as “Suburban Residential”.
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The requested R-1 zoning and the applicant’s desire to construct a single home on the property
will accomplish this goal. In addition, the construction of a single home on the property will be
similar to adjacent property to the north (which is actually zoned R-2, a more intensive zoning
district). The proposed zoning and land development requirements such as the establishment of
the floodplain and watercourse setback for the property also provides reasonable consideration
to the character and protection of the district/area. Thus, the proposed zoning appears to give
reasonable consideration to the peculiar suitability of the property as it relates to properties and
other similar development that has occurred in the area.
11. Was the new zoning adopted with a view of conserving value of buildings?
Yes. The proposed district is compatible with other adjacent zoning designations in the area in
that the general land use pattern is residential or low density and open space uses. The
transportation network serving the area is adequate, as well as the availability of municipal
water and sanitary sewer. This reduces the possibility of negative impacts to adjacent owners
and encourages the conservation of building values in the area.
12. Will the new zoning encourage the most appropriate use of the land through such county
and municipal area?
Yes, The R-1 zoning designation of this proposal is supportive of the overall intent of the
growth policy in regards to Suburban Residential areas. Designating the property as “R-1” will
allow it to develop within the municipality boundaries and will help to ensure that an
acceptable level of services is provided for the overall protection of the area as a whole,
especially as it relates to the protection of Bozeman Creek.
PUBLIC COMMENT
As of the writing of this staff report, the City of Bozeman Department of Planning and Community
Development has not received any public testimony on the matter. Any written comments received by
the Planning Office following completion of the respective review packets will be forwarded to the
Zoning Commission and City Commission during the public hearings.
SUMMARY & CONCLUSION
The Department of Planning and Community Development, Development Review Committee, and
other applicable review agencies have reviewed the proposed Zone Map Amendment application and
have provided summary review comments as outlined above in the staff report; and as a result,
recommend approval of the application to establish an “R-1” (Residential, Single Household Low
Density) district municipal zoning designation on approximately 1.925 acres of land.
The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City
Commission for consideration at its public hearing scheduled for Monday, June 7, 2010. The City
Commission will make the final decision on the application.
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 20% OR MORE OF THE LOTS IMMEDIATELY ADJACENT TO OR
WITHIN 150 FEET FROM THE STREET FRONTAGE, THE AMENDMENT SHALL NOT
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BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE
PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
REPORT SENT TO
McRay and Delone Evans, 1524 South Rouse Avenue, Bozeman, MT 59715
TD&H, Inc. (Steven C. Anderson), 108 West Babcock, Bozeman, MT 59715
ATTACHMENTS
Aerial Photograph
Applicant’s submittal materials
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