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A13003 & Z13240, Staff Report for the Hanson Annexation & Zone Map Amendment
Public Hearing Date: City Commission, January 27, 2013
Subject: Hanson Annexation and Hanson Zone Map Amendment for the annexation and
establishment of an initial zoning designation of R-2 (Residential Two-Household
Medium Density District) on 6.1933-acres. The property is addressed at 4949
Durston Road. Applications No. A13003 and No. Z13240
Location: The property is addressed at 4949 Durston Road. The property is legally
described as Tract 2A, COS 501 located in the Southeast One-Quarter (SE ¼) of
Section 3, Township Two South (T02S), Range Five East (R5E), PMM, Gallatin
County, Montana.
Recommendation: Approval with Terms of Annexation & Contingencies
Annexation Recommended Motion: Having reviewed the staff report, application
materials, considered public comment, and considered all of the information
presented, I hereby adopt the findings presented in the staff report for application
A13003 and move to approve the Hanson Annexation with recommended terms of
annexation, and direct staff to prepare an annexation agreement for signature by the parties.
Zoning Recommended Motion: Having reviewed the staff report, the application materials,
considered public comment, and considered all of the information presented, I hereby
adopt the findings presented in the staff report for application Z13240 and move to
approve the Hanson Zone Map Amendment with contingencies.
Staff Contact: Tom Rogers
Report Date: Tuesday, January 21, 2014
EXECUTIVE SUMMARY
The property owner Hanson Irrevocable Trust, Ethel Hanson, Trustee, applicant Vision Development, Dennis Balian, with representative C&H Engineering and Surveying, Inc., made application to the Department of Community Development for annexation of
approximately 6.1933-acres. The site hosts one single household residential structure with
associated outbuildings. The subject property is addressed at 4949 Durston Road.
In conjunction with the annexation request the Applicant requested an initial zoning classification of R-2 ((Residential Two-Household Medium Density District).
No public comment has been received regarding this application.
If the Commission approves these applications the staff and applicant will (1) draft and
complete an annexation agreement for consideration by the City Commission at a future
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meeting and (2) upon completion of the contingencies by the applicant staff will prepare an
Ordinance to initiate official amending to the zone map.
The staff is testing a combined staff report with these applications. A single report has been
prepared forwarding the recommendation and analysis for both the annexation and the zone map amendment. Separate actions will be taken for each application. Commission feedback on this approach is appreciated.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
UNRESOLVED ISSUES ......................................................................................................... 3
ALTERNATIVES..................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2- RECOMMENDED TERMS OF ANNEXATION ............................................. 8
SECTION 3- RECOMMENDED CONTINGENCIES OF ZONING APPROVAL ............. 10
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11
SECTION 5 – ANNEXATION STAFF ANALYSIS ............................................................ 12
Resolution 3907 Criteria ................................................................................................... 12
SECTION 6 – ZONING STAFF ANALYSIS ....................................................................... 17
Section 76-2-304, Mont. Code Ann. (Zoning) Criteria .................................................... 17
APPENDIX A – DETAILED PROJECT DESCRIPTION AND BACKGROUND ............. 21
APPENDIX B –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............. 22
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 23
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 23
FISCAL EFFECTS ................................................................................................................. 23
ATTACHMENTS ................................................................................................................... 23
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UNRESOLVED ISSUES
There are no unresolved issues with this application.
ALTERNATIVES
A1) Approve the annexation as recommended by the DRC
A2) Deny the annexation
Z1) Approve requested R-2 zoning
Z2) Deny the zone amendment request and consider a zoning designation different
than what has been requested by the applicant and continue the item for a
minimum of one week to allow the applicant to consider their options and
whether to protest the possible action (as required under 38.37.030.D.2, BMC).
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SECTION 1 - MAP SERIES
Surrounding Zoning and Land Uses
North: The Cottage Park lane Condominiums zoned R-2, Residential Two-Household Medium Density District
South: Cascade Subdivision zoned R-1 (Residential Single-Household Low Density District)
East: Unannexed land zoned SRR, Semi Rural Residential
West: Oak Springs and Diamond Estates Subdivisions zoned R-2, Residential Two-Household
Medium Density District
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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. That the documents and exhibits to formally annex the subject property shall be identified
as the “Hanson Annexation”.
2. The annexation agreement shall include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the property 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.
3. The applicant must perform a water rights search to determine if any exist for this
property. Any water rights that exist for this property must be transferred to the City of Bozeman prior to development. If insufficient water rights exist, cash in lieu of water rights, in an amount determined by the Director of Public Works, must be paid prior to
development.
4. Water rights or cash-in-lieu of water rights shall be provided in accordance with Section
38.23.180 of the BMC unless a variance is approved by the Commission.
5. The existing structure may continue to utilize the on-site sewer system until: a) the existing fails; b) the existing residential structure is converted to any use other than a
residence; c) the existing residential structure is removed or destroyed, by whatever
means, beyond 50 percent of the market value, or d) other habitable development occurs
anywhere on the annexed parcel. If the existing on-site sewer system fails, the existing structure must connect to the public sanitary sewer main. A replacement on-site sanitary sewer system cannot be utilized.
6. At the time the existing on-site sewer system is disconnected, the on-site system must be
properly vacated and removed, which at a minimum entails the septic to be pumped and
filled in with gravel/dirt, or the tank totally removed, as required by the Gallatin County Health Department.
7. The existing structure may continue to utilize the on-site groundwater well for domestic
use until: a) the existing well fails to the point it needs to be drilled deeper or replaced; b)
the existing residential structure is converted to any use other than a residence; c) the
existing structure is removed or destroyed, beyond 50 percent of the market value, or d) other habitable development occurs anywhere on the annexed parcel.
8. Pursuant to §7-2-4211, Mont. Code Ann., in all instances of annexation allowed under
parts 42 through 47 of this chapter, the municipality shall include the full width of any
public streets or roads, including the rights-of-way that are adjacent to the property being
annexed.
9. An Annexation Map, titled “Hanson Annexation Map” with a legal description of the property and any adjoining unannexed rights-of-way and/or street access easements shall
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be submitted by the applicant for use with the Annexation Agreement. The map must be
supplied on a mylar for City records (18" by 24"), a reduced 8 ½" x 11" or 8 ½” by 14"
exhibit for filing with the Annexation Agreement at the County Clerk & Recorder, and a
digital copy for the City Engineer’s Office. This map must be acceptable to the Director of Public Works and City Engineer’s Office, and shall be submitted with the signed
Annexation Agreement.
10. That the applicant executes all contingencies and terms of said Annexation Agreement
with the City of Bozeman within 60 days of the receipt of the annexation agreement
action to annex the property, or annexation approval shall be null and void.
11. The land owners and their successors shall pay:
A. Fire impact fees equal to the amount for the existing residence per Chpt. 2, Art. 6.
Div. 9 BMC, or as amended, at time of annexation.
B. Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the
time of application for connection to city water.
C. Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the
time of application for connection to city sewer.
12. The applicant shall 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 Durston Road including but not limited to paving, curb and
gutter, sidewalk, and storm drainage improvements.
B. Intersection improvements for:
a. Durston Road/Fowler Avenue
b. Durston Road/27th Avenue c. Durston Road/Ferguson Avenue
The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof.
C. City-wide Park Maintenance District, which would provide a mechanism for the fair
and equitable assessment of maintenance costs for City parks.
13. The applicant shall provide and file with the County Clerk and Recorder's office executed
Public Street and Utility easements for the following:
A. North half (50-ft) of Durston Road. (Minor Arterial Standard Right of Way).
14. Prior to any development of the subject annexation, a stormwater drainage and grading
plan shall be provided to and approved by the City Engineer. The plan must demonstrate
that adequate treatment of runoff from the public streets and all future lots will be
achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet
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structure details, and culvert capacity calculations. The plan must also locate and provide
easements for adequate drainage ways within the annexation area to transport treated
runoff to the stormwater receiving channel.
15. The applicant is advised that water main extensions in excess of 500-ft must be looped.
SECTION 3- RECOMMENDED CONTINGENCIES OF ZONING APPROVAL
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 “Hanson Zone Map Amendment”.
2. That the Ordinance for the Zone Map Amendment shall not be approved 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 submit a zone amendment map, titled “Hanson 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 Works, 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 including adjacent right-of-ways, 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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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Hanson Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) voted on November 13, 2013 to recommend approval of the requested annexation.
The City Commission will hold a public meeting on the annexation on January 27, 2014. The
meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
Project Name: Hanson Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Hanson 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 13003.
The Development Review Committee (DRC) considered the amendment on October 30, November 6 and 13, 2013. The DRC did not identify any infrastructure or regulatory
constraints which would impede the approval of the application.
The Zoning Commission held a public hearing on this ZMA on January 7, 2014, and
forwarded a unanimous recommendation to approve the Zone Map amendment. Please see Resolution Z13240.
The City Commission will hold a public meeting on the zone map amendment on January 27,
2014. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin
at 6 p.m.
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SECTION 5 – ANNEXATION STAFF ANALYSIS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Resolution 3907 Criteria
Resolution No. 3907 Goals
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
The property in question is contiguous to the City limits on the west, south, and north sides of the property.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the City, without regard to parcel size.
The property is part of a small pocket of unannexed land along Durston Road. The City
wholly surrounds the unannexed area. Annexation of this parcel will reduce the unannexed area and will advance this goal.
Goal 3: The City shall seek to annex all property currently contracting with the City for services such as water, sanitary sewer and/or fire protection.
Not applicable. The property is not currently receiving services.
Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land
proposed for development lying within the service boundary of the existing sewer system as depicted in the Bozeman Growth Policy, and to encourage annexations within the urban growth area identified in the Bozeman Growth Policy.
The subject property is proposed for residential development. The property is located within
the City’s water and sewer service area and is within the identified growth area for the City on Figure 3-1 of the Bozeman Community Plan.
Resolution No. 3907 Policies
Policy 1: Annexations shall include dedication of all easements, rights-of-way for
collector and arterial streets, water rights, and waivers of right-to-protest against the
creation of improvement districts necessary to provide the essential services for future development of the city.
The Recommended Terms of Annexation include requirements for provision of easements,
rights-of-way for an arterial street, and appropriate waivers of right to protest a park
maintenance district and improvements to streets. The annexation agreement includes a provision addressing this requirement. A dedication for Durston Road will be included.
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Policy 2: Issues pertaining to master planning and zoning shall be addressed in conjunction with the application for annexation.
a. The initial application for annexation shall be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, said amendment process may be initiated by the applicant and conducted
concurrently with the processing for annexation.
The property is designated as residential on Figure 3-1 of the growth policy. The zoning
requested in conjunction with annexation is consistent with this designation. It has been
determined that no growth policy amendment is required.
b. Initial zoning classifications of the property to be annexed shall be determined by the
City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, prior to final annexation approval.
The applicant has applied for a Zone Map Amendment (Z13240) to establish an initial
municipal zoning designation of R-2 (Residential Two-Household Medium Density District) on 6.1933-acres. The Zoning Commission made a favorable recommendation
on January 7, 2014.
c. The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
The applicant/owner has indicated that they prefer a zoning designation of R-2 (Residential Two-Household Medium Density District) on 6.1933-acres adjoining
Durston Road.
Policy 3: Fees for Annexation procedures shall be established by the City Commission.
No fee will be charged for any City-initiated annexation.
The appropriate application processing and review fees accompanied the application.
Policy 4: It shall be the general 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.
Primary access to the subject property is Durston Road which is designated as a minor
arterial street according to the Greater Bozeman Area Transportation Plan, 2007 Update. Durston road adjacent to the subject property is paved. Access is also provided by Hanson
Street which is a paved road.
Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee available services. Section 38.07.010.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.”
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Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the
average annual diversion requirement necessary to provide the anticipated average
annual consumption of water by residents and/or users of the property when fully developed on the basis of the zoning designation(s). The fee may be used to acquire water rights or for improvements to the water system which would create additional water supply capacity.
The property is of a size and development type that allows deferral of payment until future
development as authorized by Section 38.23.180, BMC. This code amendment/policy is reflected in Recommended Term of Annexation #4 .
Policy 6: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public. If it is found that
adequate services cannot be provided to ensure public health, safety and welfare, it
shall be the general policy of the City to require the applicant to provide a written plan for accommodations of these services, or not approve the annexation. Additionally, annexation proposals that would use up infrastructure capacity already reserved for properties lying either within undeveloped portions of the City limits or lying outside
the City limits but within the identified sewer or water service area boundaries, shall generally not be approved.
Full City infrastructure and emergency services are available to the subject property. The
Annexation Agreement shall contain provisions that discuss the developer’s responsibility for
extending the necessary services (water, sewer, streets, storm water facilities, etc.) to/into the
site under consideration. The purpose of the annexation is to prepare the property for future
development. The existing structure has been served by an on-site sewer system and groundwater well since the time it was constructed. As long as the existing on-site sewer
system and groundwater well are operable and safe, and the structure continues to only be
used as a residence, the continued use of these systems is acceptable. Although connection
to municipal services is typically required, Sections 40.02.350 and 40.03.330, BMC, provides
that the Director of Public Works may temporarily waive the connection to the municipal water and sewer system if the rule introduces unusual difficulty. The Director of Public
Works has found this to be an unusual difficulty, and has granted a temporary waiver to these
connections, subject to the following conditions:
a. The existing structure may continue to utilize the on-site sewer system until: a) the
existing fails; b) the existing structure is converted to any use other than a residence; c) the existing structure is removed or destroyed, by whatever means, beyond 50
percent of the market value, or d) other habitable development occurs anywhere on
the annexed parcel. If the existing on-site sewer system fails, the existing structure
must connect to the public sanitary sewer main. A replacement on-site sanitary sewer
system cannot be utilized. (Recommended Term of Annexation #5)
b. At the time the existing on-site sewer system is disconnected, the on-site system must
be properly vacated and removed, which at a minimum entails the septic tank to be
pumped and filled in with gravel/dirt, or the tank totally removed, as required by the
Gallatin County Health Department. (Recommended Term of Annexation #6)
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c. The existing structure may continue to utilize the on-site groundwater well for
domestic use until: a) the existing well fails to the point it needs to be drilled deeper
or replaced; b) the existing structure is converted to any use other than a residence; c)
the existing structure is removed or destroyed, by whatever means, beyond 50 percent of the market value, or d) other habitable development occurs anywhere on the
annexed parcel. (Recommended Term of Annexation #7)
The applicants are aware that at the time of any further development on the property, the land
owners and their successors shall pay all additional impact fees. At such time that any site
plan or further development proposal is considered by the City, the extension of services will be determined in detail based upon the type of development being reviewed by the advisory
and decision-making bodies.
The DRC considered the annexation request and did not identify any significant impacts to
the City’s sanitary sewer and water municipal facilities, or transportation system that could
not be addressed or fulfilled by the applicant during any subsequent review for further development of the property.
Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any contiguous property for which city services are requested or for which city services
are currently being contracted.
No City services are currently being contracted. The applicant intends to develop the property for residential purposes. This will require municipal services in the future. No
services are currently being contracted. The provision of municipal services is the primary
focus of the annexation agreement which establishes the basic responsibilities for the private
parties and the City. With further development of the property, municipal infrastructure will
be extended into the site.
Policy 8: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works.
Mapping to meet the requirements of the Director of Public works must be provided with the
Annexation Agreement. Typically, this includes an 18-inch x 24-inch mylar map, a reduced
8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes and bounds legal description of said property. (Mapping requirements are addressed in
Recommended Term of Annexation # 9).
Policy 9: It shall be the policy of the City of Bozeman to assess a system
development/impact fee in accordance with Chpt. 2, Art. 6, Div. 9 Bozeman Municipal
Code (Impact Fees), and in accordance with the Bozeman Growth Policy and other policies as they are developed.
As previously noted, the applicant has requested to eliminate the requirement for connecting
the existing home to sewer and water at the time of annexation. The Director of Public
Works granted the request to delay connection of the existing structure to municipal services.
As such, Sewer and Water Impact Fees do not have to be paid until the time an application is made to connect to these services (Recommended Terms of Annexation #11B & 11C).
The payment of fire impact fees for the existing structure will be required upon annexation
per Chpt. 2, Art. 6, Div. 9 BMC as this new demand/service is being supplied by the City
upon annexation. (Recommended Term of Annexation #11A)
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A street impact fee(s) are deferred until there is some new construction or further
development on the property that would trigger a building permit. At the time of any further
development on the property, the land owner or their successors shall pay all additional
impact fees required by Chpt. 2, Art. 6, Div. 9 BMC.
Policy 10: Public notice requirements shall be in compliance with Montana Code Annotated. In addition, notice shall be posted in at least one conspicuous location on the site in question, and mailed to all owners of real property of record within 200 feet of
the site in question using the last declared county real estate tax records, not more than
45 days nor less than 15 days prior to the scheduled action to approve or deny the annexation by the City Commission, specifying the date, time and place the annexation will be considered by the City Commission. The notice shall contain the materials specified by Section 38.40.020.A, BMC. In addition, where a commonly identifiable
street address is not visible on the property to be annexed, the notice shall provide a
map of the area in question so as to indicate its general location and proximity to surrounding properties.
Notices of the public hearing have been sent and posted on the site as set forth under this
policy. Notice was also included as part of the related zoning change.
Policy 11: Annexation agreements shall be executed and returned to the City within 60
days of distribution of the annexation agreement, unless another time period is specifically identified by the City Commission.
This policy item is specified in Recommended Term of Annexation #10.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
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SECTION 6 – ZONING STAFF ANALYSIS
In considering applications for approval of a zone map amendment under this title, the
advisory boards and City Commission shall consider the following:
Section 76-2-304, Mont. Code Ann. (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. Numerous goals and objectives, in addition to conformance with the Future Land Use
Map (Figure 3-1), must be considered when determining whether or not a proposed zoning
change is in accordance with the growth policy. While not every element will apply to every proposal, a broad evaluation of compliance is needed. A proposal may comply with Figure 3-1 but not the other elements of the plan. To be in accordance with the growth policy,
compliance must be to both Figure 3-1 and the other plan elements.
The subject property is designated as Residential according to Figure 3-1 Future Land Use
Map of the Bozeman Community Plan. The Residential land use designation of the Bozeman Community Plan indicates that:
“This category designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as
parks, low intensity home based occupations, fire stations, churches, and
schools…”
Chapter 3 of the Bozeman Community Plan addresses land uses. Beginning on page 3-3, there are seven land use principles laid out which provide a foundation for Bozeman’s land
use policies and practices. These are:
Neighborhoods
Sense of Place
Natural Amenities
Centers
Integration of Action
Urban Density
Sustainability
Supportive examples of applicable goals and objectives for this application include:
3.3 Land Use Goals and Objectives
Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides
public and private basic services and facilities in close proximity to where people live and work, and minimizes sprawl.
Staff Response: The amendment will create additional residential infill in an existing
residential area near public amenities and schools with adequate municipal services to
accommodate the additional residential development.
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Objective LU-1.4: Provide for and support infill development and redevelopment which
provides additional density of use while respecting the context of the existing development
which surrounds it. Respect for context does not automatically prohibit difference in scale or
design.
Staff Response: The initial zoning classification continues and complements existing zoning
classification and residential land use intensities.
Objective LU-1.3: Encourage positive citizen involvement in their neighborhood and
community.
Staff Response: Development of the subject property will be integrated into the existing
neighborhood and further the goals and objectives of the Bozeman Transportation plan by
provide connectivity for the community. Additional residential development will increase
taxable value to support the maintenance and development of public infrastructure.
Goal LU-4: Sustainability, Natural Environment and Aesthetics – Ensure adequate review of
individual and cumulative environmental and aesthetic effects of development to preserve the
viewsheds, natural functions, and beauty which are a fundamental element of Bozeman’s
character. Design and development in a quantifiably sustainable manner are desirable.
Staff Response: Creating an environment for infill residential development will decrease
pressure on greenfield conversion and preserve existing environmental amenities. Primary
road, water, and sewer infrastructure is in place which reduces ground disturbance for future
development.
B. The effect on motorized and non-motorized transportation systems.
Yes. The site is adjacent to Durston Road (minor arterial). Durston Road adjacent to the
subject property is not constructed to City standards as it is to the east and west. A
contingency of associated annexation of the property includes 50 feet of Right-of-Way
dedication. Future improvement of this section of Duston Road will occur either with
development of the site or as part of a larger road expansion project. In addition, any future development of the property will include the necessary transportation infrastructure
development to accommodate the residence of the development and the associated traffic.
C. Secure safety from fire, panic, and other dangers.
Yes. The regulatory provisions established in all of the 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
further subdivision and/or other development of the property. All new structures and
development on the subject property will be required to meet or exceed the minimum zoning
requirements for setbacks, lot coverage, height limitations and lot sizes to ensure the health,
safety and general welfare of the community. Pursuant to Section 38.01.050 of the UDC, the City of Bozeman has the authority and power to require more stringent standards than the
minimum requirements if it ensures the best service to the public interest. A detailed analysis
of the specifics of future development proposals will enable the determination of whether a
greater than minimum standard is required. At this time such details are not available for
review nor are required for this request.
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D. Promote public health, public safety, and general welfare.
Yes. The regulatory provisions established through the City’s municipal code under Chapter
38, Unified Development Code (UDC), BMC, will adequately address the issues of health
and general welfare. Further development of the subject property also requires review and approval by the Montana Department of Health and Environmental Quality, City Engineer's
Office and the Director of Public Works.
The property, upon further development, will be required to come into conformance with all
requirements of the zoning ordinance. Any buildings constructed on the site will be subject
to review for building codes which will ensure they are constructed in a manner which reduces risk for fire, loss during earthquake, are structurally sound, and well fit for their
purpose. The City’s adopted zoning requires compliance with building codes by Section
38.34.100.
Additional development issues related to municipal infrastructure (i.e., water and sanitary
sewer) and public services (i.e., police and fire protection) will be addressed with subdivision and/or site plan review when commercial demand can be more accurately calculated. Water
and sewer infrastructure are adjacent and available to the site. See also Item H.
Similarly, any development will be required to meet or exceed regulatory provisions
established through the City’s municipal code under Chapter 38, Unified Development Code
(UDC), BMC, for transportation facilities.
E. Reasonable provision of adequate light and air.
Neutral. The regulatory standards set forth in the City of Bozeman UDC for the requested R-
2 zoning district provides the necessary provisions (i.e., yard setbacks, lot coverage limits,
open space and building height limits), provide for adequate light and air for any proposed
development on the subject property. Durston Road is a Minor Arterial Street which requires additional setbacks insuring access to light and air.
F. Prevention of overcrowding of land.
Yes. The minimum yard setbacks established in the R-2 district, as well as the limitations of
lot coverage for principal and accessory structures, density, and off-street parking facilities,
would maintain the desired percent of buildable area. 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 prevent the overcrowding of
land, and maintain compatibility with the character of the surrounding area. See also Item E.
Overcrowding is a condition which results when the infrastructure and buildings in an area
are incapable of serving the density of users. A perception of being more intensely used than is preferred by a particular person or group does not establish an actual condition of
overcrowding. As discussed elsewhere in this report, any development within Bozeman is
required to demonstrate that there is adequate transportation, water, sewer, and other
necessary public services to support the development. This requirement ensures that land will
not be overcrowded.
G. Avoiding undue concentration of population.
Neutral. Future development of the subject property under this zoning proposal will increase
population on the site. However, compliance with the regulatory standards set forth in the
UDO and the International Building Code will aid in providing adequately sized dwelling
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units to avoid undue concentration of population. In addition, improvements to Durston
Road and the availability of city services are adequate to accommodate the additional
population without the negative externalities associated with increase population in areas
without adequate services.
The standard does not seek to avoid concentration of population, but rather undue
concentration. Undue is typically understood to mean exceeding that which is appropriate
and normal. This is a standard which is specific to a particular site and is not a specific
number or intensity of use. The R-2 district has been considered and adopted with a set of
standards for lot sizes, setbacks, and other standards that in the opinion of the City Commission do not create undue concentration of population.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
Neutral. Further assessment of the impacts to infrastructure, public services, and other
community requirements will be evaluated during subdivision and/or site plan review. Any indentified impacts with development of the property will be mitigated with recommended
conditions of approval by the Development Review Committee (DRC) with a determination
made by the approval authority on adequate provisions.
For this application, the DRC has determined that municipal infrastructure is located in
proximity to the subject property and could be extended into the property by the landowner/developer for further development of the site. Emergency services currently
serve this area, and municipal police and fire are within adequate response times of the site.
The City will have the opportunity to further evaluate the development of the property during
the above-described review procedures. See items A, D and F.
I. Conserving the value of buildings.
Neutral. Currently there is an existing single household residence and associated accessory
buildings on the property. The adjacent properties are zoned R-2, R-1 and un-annexed
residential properties. The promotion of the property structures into the R-2 Distinct may
increase some building values and devalue others. Depending on a number of variables
including proposed uses, design considerations, and site plan layout it is undetermined whether or not the value of the other existing structures will be conserved, increase in value
or be negatively affected.
J. Character of the district.
Yes. The most important factor in determining the suitability of a proposed zoning
designation is the potential for compatibility with existing and proposed adjacent land uses. The area is generally homogenous with residential as the dominate land use. There are
supporting uses in the immediate vicinity including parks, open space, and schools.
In addition to the established City zoning areas there are a number of un-annexed properties.
The City Commission recently reviewed and approved a similar annexation and initial zoning
request on a property just to the east and on the south side of Durston Road, the Pine Meadows Annexation and Zone Map Amendment application. The Commission approved
the applications.
After considering the various components of zoning character and the existing uses in the
area it appears that R-2 and the associated uses are in keeping with the existing and future
character of adjacent properties.
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K. Peculiar suitability for particular uses.
Yes. As noted in the Applicant Submittal the Growth Policy designation is Residential and
the dominant land use in the vicinity is residential. The proposed zoning classification
furthers the goals and policies of the Growth Policy as noted above.
L. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. The proposed amendments of R-2 zoning designation of this proposal are
supportive of the overall intent of the Growth Policy. See Item A. This zoning will also allow
this property to develop at a density that takes advantage of the existing infrastructure available and in near proximity to this location.
M. Promotion of Compatible Urban Growth.
Yes. The Bozeman Community Plan provides several guiding ideas and principles for the
physical development of the City. Development consistent with these ideas and principles
are more likely to be compatible with adjacent development both within and outside of the City limits. The growth policy encourages infill development and higher density urban
centers. The property is within the geographic area already receiving municipal services.
Future review of an actual development proposal will also look at achieving appropriate
compatibility with the surrounding area.
APPENDIX A – DETAILED PROJECT DESCRIPTION AND BACKGROUND
In conjunction with Annexation, the property owner and applicant have made application to
the Bozeman Department of Community Development for a Zone Map Amendment to establish an initial municipal zoning designation of R-2 (Residential Two-Household Medium Density District) on approximately 6.1933-acres adjoining Durston Road and
Hanson Street. The subject property is not currently located within the corporate limits of the
City of Bozeman and this ZMA is being processed with a concurrent annexation application.
The parent Tracts were created by Certificate of Survey (COS) 501 in 1978 for an occasional sale. Certificate of Survey 501 shows two roadway easements; one for Hanson Street (30 feet) and the other for Durston Road (15 feet).
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APPENDIX B –AFFECTED ZONING AND GROWTH POLICY PROVISIONS
Zoning Designation and Land Uses:
Currently the property falls under County jurisdiction and is within Zoning District No. 1 and
is zoned SRR (Semi Rural Residential). The intent of this District is to:
“…provide for the continuation of existing agricultural pursuits, while also allowing for limited residential development. It is also the intent of this zone that
new residential development be designed to minimize impacts upon nearby
agricultural uses, and that residential development be designed to interface with nearby agricultural operations.”
The proposed zoning classification is R-2 (Residential Two-Household Medium Density District). The intent of the R-2 residential two-household medium density district is to
provide for one- and two-household residential development at urban densities within the city
in areas that present few or no development constraints, and for community facilities to serve
such development while respecting the residential quality and nature of the area. Specific uses that are permitted in this zone are listed in Table 38.08.020, BMC.
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The
description of this designation is:
“This designates places where the primary activity is urban density dwellings. Other uses
which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. High density residential areas should be
established in close proximity to commercial centers to facilitate the provision of services
and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which
may require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and
circumstances. A variety of housing types can be blended to achieve the desired density.
Large areas of single type housing are discouraged. In limited instances the strong presence
of constraints and natural features such as floodplains may cause an area to be designated for
development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development,
natural constraints such as watercourses or steep slopes, and in a fashion which advances the
overall goals of the Bozeman growth policy. The residential designation is intended to
provide the primary locations for additional housing within the planning area.”
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APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice of the application was provided pursuant to Section 38.41.030, BMC. Notice was
submitted to the Bozeman Daily Chronicle on Wednesday, December 18, 2013 for
publication on Sunday, December 22, 2013, posting a notice prominently on site using the City standard notice format and sign post on December 20, 2013, mailed first class mail to property owner within 200 feet of the property, and through the Neighborhood Recognition
requirements.
No written public comment has been received prior to the completion of this report.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Hanson Irrevocable Trust, Ethel Hanson, Trustee, 4949 Durston Road,
Bozeman, MT 59718
Vision Development, Dennis Balian, PO Box 1858, Bozeman, MT 59771
Representative: C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman,
MT 59718
Report By: Tom Rogers, AICP, Department of Community Development
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this zone map amendment.
ATTACHMENTS
A. Zoning Commission Minutes
B. Zoning Commission Resolution Z13240
C. Zoning Application Materials
D. Annexation Application Materials
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ZONING COMMISSION MINUTES TUESDAY, JANUARY 07, 2014
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Garberg called the meeting to order at 6:02 p.m. and took attendance.
Members Present:
Erik Garberg, Chairperson Trever McSpadden
George Thompson
City Commission Liaison: Carson Taylor
Members Absent:
Julien Morice
Guests Present:
Tammy Bugarin
Kelly Fogg
Staff Present:
Tom Rogers, Associate Planner
ITEM 2. PUBLIC COMMENT (Limited to any public matter within the jurisdiction of the Zoning
Commission and not scheduled on this agenda. There is a three-minute time limit per speaker.)
None forthcoming
ITEM 3. MINUTES OF DECEMBER 17, 2013 Approved unanimously
Chairperson Garberg made a Zoning Commission Announcement: If there is anyone in the audience or viewing anticipating the public hearing on the Campus Crest
Zone Map Amendment south of the University Stadium, that hearing has been rescheduled for the
Zoning Commission’s February 4, 2014 meeting at 6 pm and the City Commission Hearing is
scheduled for February 24, 2014 at 6 pm.
Re-noticing for those new hearing dates has occurred.
ITEM 4. PROJECT REVIEW
1. Hanson ZMA #Z-13240 A Zone Map Amendment application requested by owner Hanson
Irrevocable Trust, Ethel Hanson, Trustee, 4949 Durston Road, Bozeman, MT 59718, applicant Vision Development, Dennis Balian, PO Box 1858, Bozeman, MT 59771, and
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representative C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT
59718 to establish municipal zoning designation of R-2 (Residential Two-Household
Medium Density District) on 6.1933-acres. The property is addressed at 4949 Durston
Road. The property is legally described as Tract 2A, COS 501 located in the Southeast One- Quarter (SE ¼) of Section 3, Township Two South (T02S), Range Five East (R5E), PMM,
Gallatin County, Montana. (Rogers)
Associate Planner Rogers: Gave a brief presentation on the project. Planner Rogers stated this is a
public hearing on request to establish an initial zoning on a parcel not in city limits that is going through a concurrent annexation. The applicant, Vision Development has requested R-2 (Residential
Two-Household Medium Density District) on an existing 6.2 acre property shown on location map.
It is bounded on East by Hanson Street and to the West by Meagher and on the North side of 4949
Durston. They are asking to be annexed into the city with initial zoning for R-2 for residential
development of some sort. We are not looking at the subdivision review at this point. That will take place at some point in the future, when the applicant is prepared to do so. Planner Rogers presented
a few images to provide content.
Currently there is one residential dwelling and an accessory dwelling on site and I will show you
what that looks like. The underline community plan designation is residential. There are no unique
requests in this particular application for the zoning just straight medium density. During the review the Development Review Committee evaluated the site, and did not identify any issues with
providing basic city services. If and, when, future development occurs, any infrastructure would be
required to be installed at that time. Based on Staff’s zoning adoption analysis, contained in the staff
report dated 1/07/2014, no issues were raised particular concerns. Staff suggests standard
contingencies that are contained listed in staff report that is customary with initial zoning. Planner Rogers showed an existing zoning map of the parcel, and noted adjacent zoning districts.
Just for the record Chairperson Garberg mentioned the section to the right of the subject property it
states that zoning as R-4 and Mr. Rogers will double check that to clarify. According to my staff
report it states R-1 so I will stick with that. On pages 8-12 of staff report it shows how it complies
with statutory requirement of the zoning criteria. Mr. Rogers shows slides of the intent of R-2 district, and use tables for the R-2 District. Planner Rogers noted there is little difference of
permitted uses between R-1 and R-2, but as you go to
R-3, 4 you get more density apartment buildings are permitted. Mr. Rogers explained the difference
between P, A and C uses.
At this point staff has not received any written comment, we have received phone calls concerning the project. There are members of the public that are here this evening.
The City Commission will consider the ZMA and the Annexation request on January 27th. DRC will
not identify any municipal service issues and Staff is recommending approval of this particular
initial zoning application. If there are any questions you have of staff or the applicant, we will be
happy to answer them.
Chairperson Garberg: Is there any other question for staff? No questions of staff at this time. We
would like to have applicant introduce himself and give a presentation should they wish.
Applicant: Dennis Balian with Vision Development, we are asking for R-2 zoning because, we
think it is the zoning that fits. R-3 would be allowing four-plexes which would have additional traffic, and taller, larger buildings that would interfere with view sheds. The R-2 allows for single family and duplex dwellings and seems to fit with the overall character of the vicinity. That is our
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request, and that is all I have unless you have questions.
Chairperson Garberg: Any questions for the applicant?
No questions for the applicant and at this point I would like to open up the public hearing.
Tammy Bugarin: 845 Cottage Park Lane and have lived there for the past two years, have seen that
wildlife corridor where those cottonwoods are and there are very few areas like that on the map. I
have seen a bald eagle, pheasants, partridges, deers and ducks. I bring this up because of density and
the issue that Dennis brought up regarding views and I would like to keep those views, and with that
I would ask for is R-1 zoning with green spaces and single level dwellings.
Chairperson Garberg: Any other comment from the public tonight? I will close this portion of the
public hearing, and bring it back up here for motion, discussion and then a vote.
Motion: Mr. McSpadden moved to hereby adopt the findings presented in the staff report for application #Z-13240 and move to recommend that The City Commission approval of the Hanson
Zone Map Amendment with contingencies required completing the application processing. Mr.
Thompson seconded the motion.
Chairperson Garberg: Do you want to speak to your motion?
Mr. McSpadden: Sure, this is an initial zoning request, and personally a big fan of annexation when
we have an opportunity to do that. R-1 and R-2 are pretty close, in terms of the types of uses that are
allowed, and it is surrounded by R-2 for the most part. I don’t think this is inconsistent with the
character of the neighborhood, so I am going to support this application.
Mr. Thompson: I appreciate the comments regarding the wildlife corridor, we are all blessed to live
in an area where there are a lot of deer, and wildlife and the designation differences between R-1 and
2, I don’t feel it really inhibit wildlife migration. I lived in an area near to campus and we get a lot
of deer through there and the zoning designation doesn’t seem to prohibit the deer from moving through there. I wanted to address that because it can be a challenge with the wildlife issue.
Chairperson Garberg: My only comment would be I certainly understand with the R-1 across the
street, the desire to see that but the streets a logical break, it’s an infill project, which the city is
trying to support, so I think this one I would come down with my fellow board members and support the R-2 zone.
Chairperson Garberg: I will call for the question, all those in favor of the motion as stated please
indicate by saying aye. Motion carries unanimously (3:0). This will be before the Commission on
January 27th
ITEM 5. NEW BUSINESS Planner Rogers: I want to remind the commission that at you’re first meeting in February, you will
be asked to re-elect your officers. Our office will make sure that is an agenda item.
Mr. Taylor: the picking of the committees for the next two years is apparently happening Monday,
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and I don’t know what the outcome will be but, I have enjoyed being liaison to this committee but
no guarantees that I will get it back . So this could be my last meeting with you all, and if it is, I
thank you for your service, and it’s been a pleasure working with you guys and appreciate the
opportunity to see you all at work and to share these two years with you.
Tom Rogers: Have Tara to request
Chairperson Garberg: I will request to get information on terms expire from Tara.
Mr. Taylor: My final comment is the City has gotten through the two years without having to make
me a name tag so they might as well wait to see the outcome so we don’t do too many of them.
Chairperson Garberg: Just to let you know that the Oak Street commercial rezone was kind of
difficult for everyone and that is on the next commission agenda so I will be watching that closely out of curiosity, to see how that turns out. That was the
Mr. Rogers: Clarifies that the GPA will be at the next commission, but the zoning component will be
on the 27th of January.
ITEM 6. ADJOURNMENT
Chairperson Garberg: Adjourned meeting at 6:51
This meeting is open to all members of the public. If you have a disability that requires assistance,
please contact ADA Coordinator, James Goehrung, at 582-3200 (voice) or 582-2301/582-2432
(TDD).
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Hanson ZMA
RESOLUTION Z13240
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-2 (RESIDENTIAL TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT) ON 6.1933-ACRES FOR PROPERTY
WHICH IS DESCRIBED AS TRACT 2A, COS 501 LOCATED IN THE SOUTHEAST ONE-
QUARTER (SE ¼) OF SECTION 3, TOWNSHIP TWO SOUTH (T02S), RANGE FIVE EAST
(R5E), 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, Mont. Code Ann.; 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, Mont. Code Ann.; 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, Mont. Code Ann.; and
WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, Hanson Irrevocable Trust, property owner, and applicant, Vision Development through their representative C&H Engineering & Surveying, Inc, applied for a
zoning map amendment, pursuant to Chapter 38, Article 37 of the Bozeman Unified
Development Code, to amend the Bozeman zoning map to establish an initial zoning designation
of R-2 (Residential Two-Household Medium Density District) for 6.1933-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 38, Article 37 of
the Bozeman Unified Development Code and Title 76, Chapter 2, Part 3, Mont. Code Ann.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on January 7, 2014, to formally receive and review all written and oral testimony on the proposed zoning
map amendment; and
WHEREAS, public testimony was provided on the proposal by an adjacent property owner at the public hearing. The resident expressed concern about the impacts on wildlife and wildlife habitat, density, and building height. No other testimony was expressed on the project.
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WHEREAS, No written public comment was received or expressed at the public hearing; and
WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning
map amendment generally complies with the thirteen criteria for consideration established in
Chapter 38, Article 37 of the Bozeman Unified Development Code;
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning
Commission, on a 3:0 (unanimous) vote, recommends to the Bozeman City Commission
approval of zoning application Z13240 to amend the Bozeman zoning map to map to establish an initial zoning designation of R-2 (Residential Two-Household Medium Density District) for 6.1933-acres described as Tract 2A, COS 501 located in the Southeast One-Quarter (SE ¼) of
Section 3, Township Two South (T02S), Range Five East (R5E), 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 “Hanson Zone Map Amendment”.
2. That the Ordinance for the Zone Map Amendment shall not be approved 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 submit a zone amendment map, titled “Hanson 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 Works, 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 including adjacent right-of-ways, 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 , 2014, Resolution Z13240
_____________________________ ____________________________
Tom Rogers, Associate Planner Eric Garberg, Chairperson
Department of Community Development City of Bozeman Zoning Commission
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