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HomeMy WebLinkAboutH5 WillowbendAnnex { $ Commission Memorandum .00 REPORT TO: Honorable Mayor and City Commission FROM: Andy Epple,Planning Director Chris Kukulski,City Manager SUBJECT: Willowbend Annexation, #A-06006 Action Item MEETING DATE: Monday, September 25,2006 BACKGROUND: An annexation application to annex of 20 non-contiguous acres located at 6800 Goldenstein Lane, in the southwest corner of the intersection of South Yd Avenue and Goldenstein Lane. UNRESOLVED ISSUES: Two letters of public comment have been received. One letter in opposition to the proposed annexation and zone map amendment; stating that the proposed would be both premature and inappropriate in keeping with the rural character of the surrounding properties. The other letter was submitted on behalf of shareholders in the Middle Creek Ditch Company. While this letter was not opposed to the proposed annexation, shareholders wanted to be on record as reminding any future development in this area that Montana State Law protects their water rights as shareholders. In addition to these letters, five members of the general public spoke in opposition to the requested zone map amendment at the Bozeman Zoning Commission Hearing. Comments included concerns that development of this property with the proposed zoning designation would be both inappropriate and detrimental to the rural character of the surrounding properties. RECOMMENDATION: The City Commission approves the annexation, with the 12 recommended terms of annexation listed on Page 9 and 10 of the Staff Report, and direct staff to prepare an annexation agreement for signature by the parties. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from annexation of the property, and costs from additional service demand. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Martin Knight at mkrught&bozeman.net if you have any questions. Respectfully submitted, Report compiled on September 19,2006 0. Commission Memorandum I Andrew C. Epple,Planning D' for Chris Kukulski, City Manager Attachments: Staff Report Aerial photo Applicant's submittal Report compiled on September 19,2006 WtLLO BEND ANNEXATION CITY COMMISSION STAFF REPORT FILE NO.A-06006 Item: Annexation Application #A-06006, requesting to annex 20 acres of land, located at 6800 Goldenstein Lane, at the intersection of South 3'd Avenue and Goldenstein Lane, to the corporate limits of the City of Bozeman. Owner: Tom and Joan Schafer 351 Dulohery Lane Belgrade, MT 59715 Applicant: Springer Group Architects "" South Wallace Avenue, Suite A-1 Bozeman, MT 59715 Representative: Springer Group Architects 201 South Wallace Avenue, Suite A-1 Bozeman, MT 59715 Date/Time: Before the Bozeman City Commission on Monday, September 25, 2006 at 7:00 p.m. in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. ACTION ITEM Report By: Martin Knight,Assistant Planner Recommendation: Approval with the terms of annexation PROJECT LOCATION & MAP The subject property is located at 6800 Goldenstein Lane, in the southwest corner of the intersection of South Yd Avenue and Goldenstein Lane, and is legally described as the N1/2SW1/4 of tract 2, Section 25, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana. The property falls within the Gallatin County Bozeman Area Zoning District, and has a county zoning designation of A-S (Agricultural Suburban District). Please refer to the aerial photograph provided at the end of the staff report and to the following vicinitjT map. Willowbend Annexation Staff Report, #A-06006 1 t� 7, _oldenstein Ln V vy _ > Subject Property PROPOSAL AND BACKGROUND INFORMATION The property owner, Tom and Joan Schafer, and applicant, Springer Group Architects, propose to annex the 20-acre subject property to the corporate limits of the City of Bozeman and to establish an initial municipal zoning designation (ZMA Application #Z-06157) of R-2 (Residential Two-Household Medium Density District).The purpose of the annexation and zone map amendment request is to extend municipal water and sanitary sewer infrastructure to the property and obtain public services (i.e., police and fire) in order to develop at urban densities as outlined in the Bozeman 2020 Community Plan. The subject property currently contains one single-household residence. Two letters of public comment have been received. One letter in opposition to the proposed annexation and zone map amendment; stating that the proposed would be both premature and inappropriate in keeping with the rural character of the surrounding properties. The other letter was submitted on behalf of shareholders in the Middle Creek Ditch Company. While this letter was not opposed to the proposed annexation, shareholders wanted to be on record as reminding any future development in this area that Montana State Law protects their water rights as shareholders. In addition to these letters, five members of the general public spoke in opposition to the requested zone map amendment at the Bozeman Zoning Commission Hearing. Comments included concerns that development of this property with the proposed zoning designation would be both inappropriate and detrimental to the rural character of the surrounding properties. Please find the attached minutes from the Bozeman Zoning Commission Hearing. ZONING DESIGNATION &LAND USES The subject property is currently zoned County A-S (Agricultural Suburban). As previously noted, the applicants propose a Zone Map Amendment (#Z-06157) to establish an initial municipal zoning designation of 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. The following land uses and zoning are adjacent to the subject property: Willowbend Annexation Staff Report, #A-06006 2 North: Eagle Mount Center and agricultural uses; zoned county A-S (Agricultural Suburban District); South: Vacant and agricultural uses;zoned county A-S (Agricultural Suburban District); East: Single-Household residences; zoned county R-S (Residential Suburban District); West: Single-Household residences and agricultural uses; zoned county A-S (Agricultural Suburban District). GROWTH POLICY DESIGNATION The area that is subject to this application has a land use designation of Future Urban. This designation is described as follows: Future Urban. This category designates areas where development is considered to be generally inappropriate over the 20 year term of the Bozeman 2020 Community Plan, either because of natural features,negative impacts on the desired development pattern, or significant difficulty in providing urban services.The Residential category contains adequate area to accommodate over 200 percent of expected residential development over the 20 year horizon of the Bozeman 2020 Community Plan. Development within the Future Urban area would be generally disruptive to the desired compact urban land use pattern depicted in the Plan.As Bozeman develops over time,it is expected that the City would expand outward into areas previously designated as Future Urban.As the City's growth policy is updated from time to time, some areas currently classified as Future Urban are expected to be reclassified to urban designations. The land shown with a Future Urban designation is comprised of parcels in a variety of different sizes,but typically in larger acreages. Suburban or rural density subdivisions adjacent to the City may impede an orderly and cost effective expansion of the City. In order to prevent such conflicts and problems in the future,use of land in the Future Urban land use designation should follow one of three paths,which are listed in order of the City's preference: 1. Remain as currently utilized, until annexed and municipal services are available to support a Residential or other urban land use category development as described in this plan; 2. Develop at a density of a single dwelling per existing parcel,with consolidation of smaller parcels into single ownerships for development being supported;or 3. If further subdivision is proposed,to develop at urban densities and standards with provisions for connection to City services when they become available. Annexation of most Future Urban areas is unlikely over the term of the Bozeman 2020 Community Plan and final authority to deny or approve development in County areas shown with this designation remains with the County Commission.As Gallatin County completes its own county-wide growth policy,additional and more detailed planning is expected within the County zoning district surrounding the City. This more detailed level of planning is expected to help identify areas that are preferred for, or inappropriate for, development and give guidance to the County Commission in their review of individual development proposals. In the event that an intergovernmental agreement is developed that addresses these areas, development will need to meet such terms as the agreement states. Willowbend Annexation Staff Report, #A-06006 3 The following growth policy designations are adjacent to the subject property: The single-household residences to the east are designated as Suburban Residential which is described as follows: Suburban Residential. This category indicates locations generally outside of City limits but within the Planning Area where the 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. Any further development within this area should be clustered to preserve functional open space and allow for more advanced sewage disposal than individual septic tanks. If development is proposed at overall densities in excess of one dwelling unit per acre, and/or the development proposal lies within the waste water and water treatment planning boundaries, annexation to the City should be completed prior to development. The Eagle Mount property and agricultural uses to the north are designated as Residential which is described as follows: Residential.This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks,low intensity home based occupations, fire stations, churches,and schools. The residential designation also 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. It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being 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 classification. All residential housing should be arranged with consideration given to the existing character of adjacent development, any natural constraints such as steep slopes, and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan.The residential designation is intended to provide the principal locations for additional housing within the Planning Area. REVIEW CRITERIA Resolution No. 3907 Goals Goal1: It shall be the goal of the City of Bozeman to encourage annexations of land contiguous to the City. The property in question is not contiguous to the City limits. Goal2: The City shall seek to annex all areas that are totally surrounded by the City, without regard to parcel size. Wiilowbend Annexation Staff Report, #A-06006 4 The 20-acre subject property is not surrounded by the City; however as more properties in this area annex to the City, the subject property will likely become more contiguous. 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. The applicant is not currently contracting with the City for any services.The applicant does have a need to contract with the City for municipal services to develop the property at residential urban densities. Goal4: 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 lies within the 20-year, sewer service boundary as depicted in the newly adopted 2006 Bozeman Wastewater Facilities Plan. The subject property lies within the Bozeman 2020 Community Plan planning boundary, but not the "Capital Facilities Overlay District" (Figure 6-2). The "Capital Facilities Overlay District" is intended to establish a priority area for development within the larger scope of the Bozeman 2020 Community Plan future land use plan. The designation of the Capital Facilities Overlay District is not intended to prohibit development in areas that are not contained within it. Instead, it designates an area within the long-range growth area of the City where services would be most efficiently provided in the near term and where development in the near term would advance the goals of the 2020 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 the provision of public street and utility easements for Goldenstein Lane and South 3`d Avenue. The terms of annexation also include waivers of right-to-protest against the creation of improvement districts for park maintenance, street improvements, signalization improvements, trunk sewer mains and trunk water mains. The applicant will need to provide useable water rights, or an appropriate fee in lieu,based on the zoning designations assigned to the property. Since this annexation is larger than 10 acres in size, the water rights will be due prior to final plat approval, final site plan approval or the issuance of any building permit, whichever occurs first provided the applicant executes a promissory note or other appropriate document to the City. 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 Willowbend Annexation Staff Report, #A-06006 5 be initiated by the applicant and conducted concurrently with the processing for annexation. The property is currently designed Future Urban in the Bozeman 2020 Community Plan. This annexation, and the zoning proposed (#Z.-06157), would be in compliance with this designation. 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 (#Z-06157) to establish an initial municipal zoning designation of R-2 (Residential Two-Household Medium Density District) on 20-acres. The Zoning Commission held a public hearing on the Zone Map Amendment application on Wednesday.. September 6, 2006, and voted 2-2 on the requested zoning. No formal recommendation is forwarded to the Bozeman City Commission. C. The applicant may indicate his or her preferred zoning classification as part of the annexation application. The applicant and owner have indicated that they prefer a zoning designation of R-2 (Residential Two-Household Medium Density District). 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 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. The property proposed for annexation fronts Goldenstein Lane and South YdAvenue, which are both paved. Goldenstein Lane is designated as a Minor Arterial, and South 31d Avenue as a Collector, in the Greater Bozeman Area Transportation Plan 2001 Update. The Annexation Agreement will include notice that prior to future 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 facility plans and all City policies that may be in effect at the time of development. 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. This policy may be subject to the following exceptions: a. For any annexation in excess of ten acres, it shall be carried out prior to final plat approval, final site plan approval or the issuance of any building Willowbend Annexation Staff Report, #A-06006 6 permits, whichever occurs first, provided that the applicant executes a promissory note or other appropriate document acceptable to the City. The applicant will need to provide useable water rights, or an appropriate fee in lieu, based on the zoning designations assigned to the property. Since this annexation is larger than 10 acres in size, the water rights will be due prior to final plat approval, final site plan approval or the issuance of any building permit, whichever occurs first provided the applicant executes a promissory note or other appropriate document to the City. b. For any annexation or portion thereof proposed for use as a church as that term is defined in the Bozeman zoning ordinance, the R-1, Residential Single-Family, Low Density District shall be used in place of the property's zoning designation for calculating the water requirement. If the use changes from a church at any time in the future, the owner of the property will enter into a separate agreement providing that, at the time of the change, the owner or successor shall supply any additional water rights or fees which might be due,based on the actual zoning designation at the time of the change. This policy is not applicable to this annexation. 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 apply. The Annexation Agreement should contain provisions that discuss the developer's responsibility for extending the necessary services (water, sewer, streets, storm water faculties, etc.) to the site under consideration. This would include language that advises the developer of the potential need for a comprehensive design report evaluating existing capacity of water and sewer utilities, storm water master plan facilities, and anticipated traffic impacts. At such time that any subdivision or site plan proposal is considered by the City of Bozeman, the extension of services will be determined in detail based upon the type of land uses and urban densities being reviewed by the advisory and decision-making bodies The D.R.C. 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 subdivision or site plan review. The City Engineer's Office recommends that the applicant execute waivers of right-to- protest creation of Special Improvement Districts for improvements to: 1) South 3`d Avenue, 2) Goldenstein Lane, 3) South 19`h Avenue, 4) Blackwood Road, 5) applicable signalization at said intersections, and 6) Truck Sewer and Water mains to service the property. Waivers of right to protest creation of Special Improvement Districts shall be executed and filed with the Annexation Agreement. Wiliowbend Annexation Staff Report, #A-06006 7 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. With development of the property, municipal infrastructure will be extended to the site by the developer for the purpose of developing the property at urban residential densities. The terms of annexation specify that the existing structures will be required to connect to City water and sewer services upon annexation and the availability of services. The terms further specify 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. Policy 8: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Service. Mapping to meet the requirements of the Director of Public Service must be provided with the Annexation Agreement. Typically, this includes an 18-inch x 24-inch mylar map, a reduced 8'/a-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 the terms of annexation. Policy 9: It shall be the policy of the City of Bozeman to assess a system development/impact fee in accordance with Chapter 3.24, Bozeman Municipal Code, and in accordance with the Bozeman Growth Policy and other policies as they are developed. The terms of annexation require the existing home, and any other structures that would normally be connected to water and sewer services, to be either removed from the property or to be connected to municipal water and sewer upon annexation and availability of services. Water and sewer impact fees will be required from the landowners or successors upon connection. The landowners or successors must pay all street and fire impact fees for any existing structures upon annexation. At the time of any further development on the properties, the land owners or their successors shall pay all additional impact fees required by Chapter 3.24, Bozeman Municipal Code. 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 18.76.020.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. Willowbend Annexation Staff Report, #A-06006 8 Notices of the public hearing have been sent and posted on the site as set forth under this policy. 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 is specified in the recommended terms of annexation. Policy 12: When possible, the use of Part 46 annexations is preferred. This application is being processed as a Part 46 annexation. AGENCY REVIEW The Planning Department has requested written summary-review comments from the Bozeman Development Review Committee and other applicable review agencies regarding the request for annexation. Comments received as of the writing of this Staff Report have been outlined above according to the goals and policies of City Commission Resolution No. 3907. Additional comments and/or recommendations received prior to consideration of this request for annexation by the City Commission will be forwarded to the governing body. PUBLIC COMMENT Two letters of public comment have been received. One letter was in opposition to the proposed annexation and zone map amendment; stating that the proposed would be both premature and inappropriate in keeping with the rural character of the surrounding properties. The other letter was submitted on behalf of shareholders in the Middle Creek Ditch Company. While this letter was not opposed to the proposed annexation, shareholders wanted to be on record as reminding any future development in this area that Montana State Law protects their water rights as shareholders. In addition to these letters, five members of the general public spoke in opposition to the requested zone map amendment at the Bozeman Zoning Commission Hearing. Comments included concerns that development of this property with the proposed zoning designation would be both inappropriate and detrimental to the rural character of the surrounding properties. Please find the attached minutes from the Bozeman Zoning Commission Hearing. Any comments received after the writing of the Staff Report will be distributed to Commissioners at the public meeting. STAFF RECOMMENDATION Should the City Commission choose to accept the request for annexation, the Development Review Committee has recommended that the following terms of annexation be addressed prior to acknowledging the Annexation Agreement and formal annexation of said property: 1) That the applicant execute at the Gallatin County Clerk&Recorder's Office a waiver of right-to- protest creation of S.I.D.'s for a City-wide Park Maintenance District,which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as.part of the Annexation Agreement. 2) That provisions for water rights or cash in-lieu of water rights in an amount determined by the City Willowbend Annexation Staff Report, #A-06006 9 Engineer be provided in the Annexation Agreement whereby it is executed by the land owner prior to final subdivision plat approval, final site plan approval, or issuance of any building permits, whichever comes first,prior to the City Commission adopting the Resolution of Annexation and accepting the Annexation Agreement. 3) A detailed wetlands map and summary report shall be submitted for the subject property with the signed annexation agreement. The map must be depicted on an 18-inch x 24-inch paper copy and a compact disk in accordance with Section 18.56.050"Wetlands Mapping." 4) The Annexation Agreement shall include the following language: "Existing mature vegetation shall be saved and relocated within the subject property,to the maximum extent feasible." 5) At the time of annexation, the landowners shall pay all street and fire impact fees that are attributable for the existing residence. At the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees. The applicants should be made aware that at the time of any further development on the properties, the land owners and their successors shall pay all additional impact fees required by Chapter 3.24,Bozeman Municipal Code. 6) An Annexation Map, titled "Willowbend tract 2 Annexation Map" with a legal description of the property and any adjoining unannexed rights-of-way and/or street access easements shall 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 '/a" x 11" or 8 '/z" 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 Services and City Engineer's Office,and shall be submitted with the signed Annexation Agreement. 7) The Final Annexation Map and legal metes and bounds descriptions shall include the full width of all adjacent rights-of-way. Note that the metes and bounds descriptions for adjacent rights-of-way must be described separately from that of the parcel. The applicant is responsible for obtaining any required affidavits or signatures from the Montana Department of Transportation (MDT) and/or Gallatin County. 8) 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, or annexation approval shall be null and void. 9) The land owner will coordinate development of and extend future parks and trails with parks and trails in adjacent developments. 10) The landowner acknowledges and agrees that future development will comply with the goals and policies of the Bozeman 2020 Community Plan,and having recognized the City's concern for implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design,a Master Plan of the land use patterns and types for development of the property that addresses compatibility with and sensitivity to the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building mass and height,neighborhood identity,landscaping,historical character,orientation of buildings,and visual integration shall be provided with the signed annexation agreement. 11) The annexation agreement shall include the language that"the landowner shall agree to connect to Willowbend Annexation Staff Report, #A-06006 10 municipal water and sewer services and abandon and remove non-municipal services when so instructed by the City of Bozeman. Such agreement shall be binding on all successors and run with the land." 12) Per UDO Section 18.38.030.D.1.a.6 the property owner shall enter into a "water and sewer" agreement with the City of Bozeman. This document shall address requirements for future connections to the municipal water and sewer systems, waivers, and other applicable materials. This agreement shall be recorded at the Gallatin County Clerk and Recorder's Office,and provided to the Planning Department,prior to acceptance of the Annexation Agreement. SUMMARY& CONCLUSION The Planning Department, Development Review Committee, and other local review agencies have reviewed the request for annexation and have provided the above comments as they relate to the Goals and Policies set forth in Commission Resolution No. 3907. Should the City Commission choose to proceed with the request for annexation, the Planning Department recommends that the terms of annexation listed in this Staff Report be addressed prior to acknowledging the Annexation Agreement and formal annexation of said property. CC: Tom&Joan Schafer, 351 Dulohery Lane,Bozeman,MT 59715 Springer Group Architects, Inc., 201 South Wallace Suite A-1,Bozeman,MT 59715 Attachments: Aerial Photograph Applicant Submittal Materials Willowbend Annexation Staff Report, #A-06006 11 CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building "r . e 406-582-2260 -� 20 East Olive Street x 406 582-2263 " P.O. Box 1230g@a bozeman.net Bozeman, Montana 59771-1230w.bozemon.nei DEVELOPMENT REVIEW APPLIENT 1.Name of Project/Development: South Forty - Schafer Development 2.Property Owner Information: Name: Tom & Joan Schafer E-mail Address:schafer@theglobal.net Mailing Address: 351 Dulohery Lane, Bozeman, Mt. 59715 Phone: 406-587-7043 FAX. same 3.Applicant Information: Name: Springer Group Architects E-mail Address: lowell@springergroup. Mailing Address: 201 S. Wallace Ave. , Suite A-1 , Bozeman, Mt. 59715 net Phone: 406-585-2400 FAX: 406-585-7446 4. Representative Information: Name: Same as above E-mail Address: Mailing Address: Phone: FAX: 5. Legal Description: Tract 2: N2SW4 SEC25 2S 5E 20AC 6. Street Address: 6800 Goldenstein Lane, Bozeman, Mt. 59715 7. Project Description: No project has been defined. 8. Zoning Designation(s): R-2 (Re( 9• Current Land Use(s)-'farmstead/rural 10. Bozeman 2020 Community Plan Designation: Future Urban 11. Gross Area: Acres: 2 0 . 0 0 Square Feet: 12.Net Area: Acres: 20.00 Square Feet: Page 1 Appropriate Review Fee Submitted r13.+ Is the subject site within an urban renewal district? ❑ Yes, answer question l3a ® No,go to question 14 lia.Which urban renewal district? ❑ Downtown El Northeast (_NL1RD) ❑ North 7,1, Avenue 1 14.Is the subject site within an overlay district? ❑ Yes,answer question 14a ] No, go to question 15 14a. Which Overlav District? ❑ Casino ❑ Neighborhood Conservation ❑ Entrvway Comdor 15.Will this application require a deviation(s)? ❑ 1'es,Est UDO section(s): �] No 16.Application Type (please check all that apply): ❑O.Planned Unit Development-Concept Plan ❑ A. Sketch Plan for Regulated Activities in Regulated Wetlands ❑P.Planned Unit Development-Preliminan Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑ Q.Planned Unit Development -Filial Plan ❑C_Amendment/Ivlodificauon of Plan.Approved On/After 9/3/91 ❑ R. Planned Unit Development-N-laster Plan ❑ 1).keu,e,Change in Use,further Dcvclopment,Amendment/CC)A ❑S.Subdivision Pre-application ❑E.Special Temporary Use Permit ❑T.Subdivision Preliminary Plat ❑ F.Sketch Plan/COA ❑U.Subdivision Filial Plat ❑G. Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H. Preliminary Site Plan/COA �A W.Annexation ❑I.Preliminary Site Plan ❑X. Zoning Map Amendment ❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment ❑K. Conditional Use Permit ❑ Z.Zoning Variance ❑L.Conditional Use Permit/COA ❑,AA. Growth Policy Map Amendment ❑M.Administrative Project Decision Appeal ❑BB.Growth Policy Text Amendment ❑N.Administrative Interpretation Appeal ❑Other: This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee (see Development Review application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8/2- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 8'/2-by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used,they must include a table of contents and tabbed dividers between sections. application deadlines are 5:00 pm every Tuesday. This application must be signed by both the applicant(s) and the property owner(s) (if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority.I acknowledge that the City has an Impact Fee P ogram and impact fees may be assessed for my project. Further,I agree to grant City personnel and other revie>kMiacy representative access to the subject site during the course of the review process (Section 18.64.050,BMC). I (We)hereby tify th t the above infor anon is true and correct to the best of my(our)knowledge. Applicant's Signature: `� ' Date: Q� Applicant's Signature: Date: Property Owner's Signature: Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03;Amended 9/17/04,5/1/06) ANNEXATION CHECKLIST This checklist shall be completed and returned as part of the submittal. Any item checked "No" or "N/A" (not applicable) must be explained i i a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. The following questions pertain to the goals adopted by the City Commission in Commission Resolution No. 3137. Annexation Goals Yes No N/A 1. Is the property contiguous to the City of Bozeman? ❑ gr ❑ 2. Is the property wholly surrounded by the City of Bozeman? ❑ ❑ 3. Is the property currently contracting with the City for municipal services such as water, ❑ ❑ sanitary sewer and or fire protection? a. If so,which City services are currently being contracted for? 4. Does the property he with the service boundary of the existing sewer system as depicted in the ❑ ❑ City's growth policy? B. The following questions pertain to the policies adopted by the City Commission in Commission Resolution No. 3137. Annexation Policies Yes No N/A 1. Is the property owner(s) willing to dedicate needed easements and/or right-of-way for ❑ ❑ collector and arterial streets? 2. Is the property owners(s) willing to sign waivers of right to protest the creation of future ❑ ❑ Special Improvement Districts to provide the essential services for future development of the City? 3. Is the property owner(s) willing to transfer usable water rights, or an appropriate fee in-lieu ❑ ❑ thereof,to serve the expected population of the land when fully developed? 4. Does the desired future development of the subject property conform to the City's growth 1Y El ❑ policy? If not,a growth policy amendment will be necessary to accommodate the anticipated uses,which may be initiated by the applicant and reviewed concurrently with this application. a. If a growth policy amendment is necessary,is it included with this application? ❑ ❑ 5. The property will need to be rezoned with an initial urban zoning designation. The zone map [W ❑ ❑ amendment will be reviewed concurrently with this application. Is a zoning map amendment application included with this application? 6. Do unpaved county roads comprise the most commonly used route to gain access to the ❑ [' ❑ property? 7. If it is found that adequate services cannot be provided to ensure public health, safety and ❑ ❑ welfare, has the property owners(s) provided a written plan for the accommodation of these services? 8. The property owner(s)must provide a letter from Bozeman School District#7 assessing the ❑ ❑ availability of schools and school transportation for residents of the proposed annexation. Is a copy of that letter attached to this application? C. Supplemental Information. Please provide the following information to assist the City in the review of this application: 1. If the property is currently in agricultural use,please identify the crops. < 2. Number of residential units existing on the property. 3. Number and type of commercial structures existing on the property. 0 4. Estimate of existing population of the property. S. Assessed value of the property. r 6. Existing on-site facilities and utilities(gas,power,telephone,cable,septic systems,wells,etc.). 7. Any additional information you feel would assist in the review of this application. Page 3 (Annexation Checklist—Prepared 12/05/03;revised 9/8/04) D. Mapping Requirements. The annexation map shall contain the following infonmation. The map shall include the vicinity within one-half mile surrounding the subject property. Mapping Requirements Yes No N/A 1. Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet ❑ ❑ 2. Scale,north point arrow and date of preparation ❑ ❑ 3. Subject property well defined [-U" ❑ ❑ 4. Land use pattern of surrounding area 03' ❑ ❑ 5. Existing zoning of surrounding property ❑ ❑ 6. Boundaries of proposed zoning(if more than one designation being requested)well defined ® ❑ ❑ 7. Proximity of all existing and proposed water and sewer mains and extensions ❑ ❑ ff 8. Location of all structures on the subject property 15, ❑ ❑ 9. Adjacent streets and street rights-of-way ❑ ❑ 10. Existing on-site streets and street rights-of-way ❑ ❑ 11. 'Water bodies and wetlands ❑ ❑ I (We),the undersigned,hereby certify that the information contained in this application is true and correct to the best of my (our)kn wledge. OIL ­44- ; 612.., Prop ' Owner's Signature(s) Dad State of _At"x 4A,4ta_ County of �1LXGt On this ��� day of ,20 ,before me,a Notary Public for the State of personally appeared L 1F known to me to be the person(s) whose name(s) is(are) subscribed to the above instrument and acknowledge to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. `````\\\\\ A U .`�`�� 4P•N0TAR/,q .c Notary Public for State of * SEAL • � Residing at tl'{'�a",/I , l N�•• ••Q- My Commission Expires 1 1 -2 ' �i3 OF Mo \\\\N Page 4 �• springer croup Arcnitects, r.u. Architects Land Use Planners 201 S. Wallace Ave. Bozeman,MT 59715 Phone#:406-585-2400 Facsimile#:406-585-7446 Web: www.spriiigergroup.net June 6, 2006 Andy Epple, Planning Director Department of Community Development and Planning P.O. Box 1230 Bozeman, MT 59717-1230 RE: Application for Zone Map Amendment of Tract 2, C.O.S. 1273-D Dear Andy: This application for the above referenced Zone Map Amendment and the information required per the new Bozeman Unified Development Ordinance is included herewith. The request is to assign the initial zoning designation of R-2 (simultaneous with annexation) of the above described Tract 2. The following is the required response to the twelve areas of criteria established for consideration in making your decision. 1. Is the new zoning designed in accordance with the comprehensive plan? Yes, the reason for this request is specifically to bring the above referenced Tract 2 into the City of Bozeman in compliance with the Growth Policy and allow and promote development in accordance with that Growth Policy. The developer wishes to move forward with the compliance as soon as is possible. 2. Is the new zoning designed to lessen congestion in the streets? Yes, the new zoning will allow appropriate residential development in the area as it has been envisioned in the 2020 Plan. The anticipated increase in traffic flow for the streets (roads) in the immediate Goldenstein/S. Third area will be insignificant as the type and scale of development is consistant with the planned density of development in the area. 3. Will the new zoning promote health and general welfare? Yes,because of the previous responses(see particularly#2 above). All of these same concerns have been evaluated and scrutinized in the Growth Policy Map (2020 Plan) for this area. This change in the Zone Map is justified and, in fact required, by the UDO before any significant development can occur. The A-S zoning is no longer appropriate or even allowable in the city limits after annexation. 4. Will the new zoning secure safety from fire, panic and other dangers? Yes,the new zoning will encourage development which will have excellent access for fire protection, police protection,and other municipal services from South 19th and South Yd Avenue via Goldenstein Lane. 5. Will the new zoning provide adequate light and air? The Bozeman Uniform Development Ordinance and the Bozeman 2020 Plan (Growth Policy), and Sections 18.34 and 18.38 of the zoning ordinance will ensure that the development of this area will provide for substantial open space to maintain very high levels of light and air as well as significant landscaping, parking and paving, curbing, sidewalks, and site lighting to meet standards of the City of Bozeman. Some wetlands and water courses exist nearby the site, but do not compose a major portion of the adjacent areas. The open space created from the development of this site at the allowable density will provide an excellent transitional and sound dissipating buffer while allowing the area to meet and exceed open space requirements. 6. Will the new zoning prevent the overcrowding of land? Yes, this area has been designated as medium density residential in the Bozeman 2020 plan for this area. Density of development was a major consideration in determining the designation for this property along with the historical use of the area and its existing integration into the neighborhood character. 7. Will the new zoning avoid the undue concentration of population? Yes. The proposed zoning would allow transitional buffering relief from the low density residential uses adjacent and surrounding the site. Those areas also include some medium density developments to the north and east which constitute several hundred dwelling units of existing homes and apartments in the area. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? Yes, this development is adequately served by South Yd and South 19`b via Goldenstein Lane. The newly installed water and sewer mains along South 19'Avenue are part of the 20-year service area for which the design capacity is more than adequate for development allowed by the proposed zoning. The use of the parks and Sourdough Trail to the east will serve this parcel very adequately and connection of trails through this site to developments further west could significantly enhance the trail system. Sourdough Fire Department is located within two minutes of the site and police protection already covers this entire area. Schools within the area have been designed to accommodate the eventual development of this parcel. y. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? Yes, suitability was a major factor in the designation of the area in the Growth Policy. Its suitability for the Owners' specific intended medium to low density residential uses is indicated by its designation in the 2020 Plan. 10. Does the new zoning give reasonable consideration to the character of the district? Yes. This area is and has always been an area with agricultural residential character. The original use of this area was appropriate for early Bozeman up until today. Continuation of it's use as medium density residential is appropriate and suggests the propriety of similar uses would still be the highest and best use into the future. 11. Was the new zoning adopted with a view to conserving the value of buildings ? Yes. The value of any buildings in the area should be enhanced with the improvement of this site which will be allowed by this Zone Map Amendment. The proposed zoning would allow the entire area to develop in accordance with the 2020 Community Plan and will allow development from which the entire area will benefit. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, with the proposed designation now supported and in fact required by the Growth Policy, this zone map amendment will be in total conformance with the Bozeman 2020 Plan for the area which TP'FIP(`t� thorough �nnci rinrot;r.n r.f appropriate land �"""" �I �'��vnssi e.atiou of use above all other criteria. Since this request is for a Zone Map Amendment that would simply bring the site into full compliance with the Growth Policy and the improvement of the development in the area is now beneficial to the planned growth of the Goldenstein/South 3rd neighborhood, we anticipate a timely review and approval of the application. Please feel free to call me for any questions you may have in reference to this application or any related information that may assist you in your review. Respectful su led,f Lo ell W. Springer, CARB Principal Architect LWS:kr Derham Family Trust Joann T.Elliot Janis M. Elliot 300 North Willson Ave, Ste. 3005 P.O. Box 3511 6700 Goldenstein Ln. Bozeman, Mt. 59715 Bozeman, Mt. 59772 Bozeman, Mt. 59715 Thomas P. and Jacqueline Anderson Robert R.Braun Lynne Hubert 4280 South 3ra. 4270 South P. 4240 South 3ra Bozeman, Mt. 59715 Bozeman,Mt. 59715 Bozeman, Mt. 59715 Goldenstein Limited Partnership Billy and Even E. Odneal Barbara L. Campbell 7810 Goldenstein Lane 4200 South 3r . 4080 South 3rd Bozeman, Mt. 59715 Bozeman, Mt. 59715 Bozeman, Mt. 59715 Eagle Mount—Bozeman Ronald and Yvonne Craighead 6901 Goldenstein Ln. 4140 South 3' Bozeman, Mt. 59715 Bozeman,Mt. 59715 Legal Description of Tract 2: A tract of land located in the N %z of the SW '/ of section 25, Township 2 South, Range 5 East, P.M.M. , County of Gallatin, state of Montana, more particularly described of follows: BEGINNING at the Center % corner of section 25 according to Certificate of survey No. 1273-C on record in the office of Clerk and Recorder of said county; thence along the North-South midsection line of section 25 according to said Certificate of Survey No. 1273-C SOd34'21"w, 668-59 feet to a point; thence S89d18'07"W, 1312.92 feet to a point on the East boundary of Tract 1 of said Certificate of survey No. 1273-C; thence along said East boundary NOd40'27"E, 659.30 feet to the Northeast (NE) Corner of Tract 1 and the Northwest (NW) Corner of Tract 2 all of said Certificate of survey No. 1273-C being on the East- west midsection line of said section 25 according to said certificate of survey No. 1273-C; thence along said East-west midsection line N88d53'43"E, 1311.99 feet to the Point of Beginning, containing an area of 20.00 acres. SUBJECT TO a Public Access and Utilities Easement granted to the public and accepted by Gallatin County, Montana in Deed Record 2149545 on record in the office of Clerk and Recorder of Gallatin County, Montana, more particularly described as follows: BEGINNING at the Center %4 corner of Section 25 according to Certificate of survey No. 1273-C on record in the office of Clerk and Recorder of said county; thence along the North-South midsection line of section 25 according to said Certificate of Survey No. 1273-C SOd34'21"w, 60.03 feet to the Southeast (SE) Corner of Tract 1-A of Certificate of survey No. 1273A on record in the office of Clerk and Recorder of said county; thence along the South boundary of said Tract 1-A S88d53'43"w, 1312.10 feet to a point on the East boundary of Tract 1 of said Certificate of survey No. 1273-C; thence along said East boundary NOd40'27"E, 60.03 feet to the Northeast (NE) Corner of Tract 1 and the Northwest (NW) Corner of Tract 2 all of said Certificate of survey No. 1273-C being on the East-west midsection line of said section 25 according to said Certificate of survey No. 1273-C; thence along said East-west line N88d53'43"E, 1311.99 feet to the Point of Beginning, containing an area of 1.81 acres. SUBJECT TO a 37-foot wide public easement for South 3rd Street, more particularly as follows: BEGINNING at the Center '/4 corner of section 25 according to Certificate of survey No. 1273-C on record in the office of Clerk and Recorder of said county; thence along the North-South midsection line of Section 25 according to said Certificate of Survey No. 1273C SOd34'21"w, 668. 59 feet to a point; thence S89d18'07"W, 37.01 feet to a point; thence N004'21"E, 668.33 feet to a point on the East-west midsection line of said Section 25 according to said Certificate of survey No. 1273-C; thence along said East-west midsection line N88d53 '45"E, 37.02 feet to the Point of Beginning, containing an area of 0.57 acres. TOGETHER WITH AND SUBJECT TO all easements of record or apparent from visual inspection of the land. ALL according to Certificate of survey No. 1273-D on record in the office of Clerk and Recorder of said county. nu4 +. .rva�xa n<u sawn�Y?i.-oc � Ugr L Lj Asa F 77B _ i smsm (- � a n 44k. ; .................. � STOM�}ID..'I� •- J dll]MI IlM� I auYw - d`�'S Lo e sk`°��. � j• g u more � ' € I 3iY x o. l i/ pie 1M C \y •` eanxar sreou \ r € tlIM 10O M'lY1 �.� }•N a {* t0 �� APO fp t �•Qi x m 31 IF m m g o 0 i a sgJg m Z Z o = o a AP o3F Y 44� F au( �r� ,aumxxxr srw 1iilv/is:ftSYAt tN u-6Z t Ir ! lin a o xt 1 s w wn r� 9Y Mw6 sn 9 . d a e \ � . u � $ .. . . r E m . o � � m e . . . . . . . . . . . : — � ƒ § » . . . . . . S . . . . .. . ...... .. . . . o . 0 » � � ` . . . . . . . . . . . . . . � . « / t ,F a CL ® + - n �. CL 0 ." 5-3RDRd ._ Dr @" toCr t O M C] p b r. z p �� CL " V) _ J2 _ o CL L 0 Q cR +� Bf=St - chIng-Post Rd itching Poe Allu.1,APogo d F, _ d Vugh Rd r fO K. r rn r �Qr � m II Ar. , September 5, 2006 Bozeman City Zoning Commission Bozeman City Commission RE: Willowbend Zone Map Amendment#Z-06157 Dear Commissioners, This letter is being submitted on behalf of the shareholders in the Middle Creek Ditch Company. The ditch company is not opposed to the Willowbend annexation request or the proposed zone map amendment. We only want to go on record as reminding any future developers of the area that Montana State Law protects our water rights as shareholders. It also allows us access to the ditch for the purpose of maintenance and clean-up. This includes but is not limited to the removal of trash, brush, or tree overgrowth, etc. Thank you for acknowledging our rights and concerns. Gerald Goldenstein Vice-President Middle Creek Ditch Company Lynne Hubert September 6,2006 4240 S. 3rd Ave. Bozeman, Mt. 59715 City of Bozeman Department of Planning and Community Development P.O. Box 1230 Bozeman, Mt 59771-1230 1 am writing this letter to you in response to the notice you sent me about annexation of 20 acres located at 6800 Galdenstein lane, at the intersection of south 3rd Ave. and Goldenstein Lane, on the south side of the road. Also a change in zoning from AS, agriculture suburban, to R-2, residential two-household, medium density district. I live at 4240 S. 3rd Ave., and have been there for 22 years. I feel that annexation of this property would be premature. It would be a island annexation not contiguous with city limits. I do not approve of annexation at this time. I don't believe that there should be an amendment to the City of Bozeman Zoning Map. It would not be appropriate. It is my understanding that the owners want to build two duplexes. There are none in this area. It is all residential. Mr. and Mrs. Elliott, the previous owners of this property, wanted to change the zoning to R-2, they also wanted to build two duplexes a few years ago. They were denied. Nothing in the area has changed since then. I believe the zoning should not be changed. It is appropriate for the zoning to be AS. It is in keeping with the rural character of the surrounding properties. Sincerely, � " %, Lynne Hubert City of Bozeman U S�F' 2 0 2006 Dept of Planning and Community Development PO Box 1230 DEPARTMENT OF PLANNING Bozeman, MT 59771-1230 AND COMMUNITY DEWLOPMENT Sept 18, 2006 City Of Bozeman; I am writing in response to Zone Map Amendment Application #Z-06157, Tom and Joan Schafer/Springer Group Architects, Willowbend Subdivision and their proposal to change the current zoning from County AS to R-2 City Annexation and request to build 45 duplexes. I own the property at 4140 South 3 d (South 3rd and Goldenstein) and I am opposed to and am concerned about this proposal for several reasons. First, our area is on the outer fringes of `future urban' in the UDO 2020 plan. That's fine. Growth in Bozeman is inevitable. And I realize it will eventually occur in today's rural areas. However, the 2020 growth plan, is intended to be a vision of Bozeman's growth in the year 2020 - NOT 2006. Currently, the subject property is completely surrounded by county Agricultural Suburban with NO contiguous city services. The nearest city services are 1/2 mi. north (Meadow Creek) and 1/4 mi. east (Sundance Springs). This proposal will create an island of city services. Some of the problems associated with island development are: 1) increased response time by city fire dept, police and emergency services 2) costly maintenance of city utilities (trash, water, sewage) 3) Increasing drive-times and traffic issues and access to core city services (schools, shopping, etc) 4) Pedestrian safety The area surrounding this property is agricultural and rural in nature. Eagle Mount is located directly north of this property and Eagle Mount is currently seeking to expand their property to provide a larger area for horseback riding and other outdoor activities for the kids — in a RURAL environment. The historic Patterson Homestead borders the section on the west with its original buildings preserved and well-cared for. To the east, there is an older development of county RS — single family homes on minimum 1-acre lots built in the 50's and 60's. The remaining border land is either grazed or farmed. This is the character of the district. Goldentstein and South 3rd roads intersect at the NE corner of the property and provide the only access to the proposed development. These are narrow, two- lane county roads with no shoulders. In the past 10 years, my wife and I have seen a dramatic increase in vehicle traffic and in accidents — some very serious and one fatal. There is no regard for the speed limit by most drivers, especially during the morning and afternoon `rush hours' and very little, if any, law enforcement. Goldenstein and South 3rd remain the only way for children to bike or walk to Scajawea Middle School and it is being utilized by children in spite of the danger. Currently, there are NO plans by the city or county, or funds earmarked for any upgrades on these roads. I have to question the wisdom of adding 90-100 more potential vehicles into this daily equation without addressing the traffic safety issues first. Most people who live in a duplex work for a living — and in Bozeman a lot of homes have two working persons. So, my estimates may be very modest. According to your records, in FY 2005/2006, the city of Bozeman approved a TOTAL of 48 duplexes. This proposal alone (45 duplexes) almost totals the entire allotment for that year. Again, I have to question whether this proposed development is needed or appropriate for this area at this time, especially considering the number of housing units already approved and under construction (Meadow Creek, the area by the hospital, and more). The city should endeavor to fill in existing undeveloped lands with contiguous city services before reaching deeper into the `future urban' zone. An appropriate development for this area, at some future time, would be a Planned Unit Development of varying density, taking into account the rural nature of the area and proximity to Eagle Mount— and at a time when the city is prepared to make Goldenstein and South 3rd roads safer for higher density populations and at a time when such development is actually needed. I find this proposal to be inconsistent with the city's own growth policy and fails to meet a majority of the 12 criteria for UDO Zone Amendments: 1) Is the amendment in compliance with growth policy? No. It creates an island development. 2) Will the Amendment lessen congestion in the streets? No. This amendment will aggravate an already dangerous traffic situation. 3) Will the amendment promote health and the general welfare? No. See above. Only the general welfare of the land owner and developer will be served. 4) Will the amendment secure safety from fire, panic and other dangers? No. Currently, there is a 20 minute response-time for INNER CITY emergencies! 5) Will the amendment provide adequate light and air? ???Would someone please explain this one to me??? 6) Will the amendment prevent the overcrowding of land? NO. This amendment will CAUSE IT. 7) Will the amendment prevent the undue concentration of population? No. This amendment will CAUSE it. There are other undeveloped properties closer to city services that are more appropriate for this kind of density right now. 8) Will the amendment facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police and other public requirements? No. This proposal will aggravate an already dangerous traffic situation and will create a logistical problem for fire and police protection and any other public services. 9) Will the amendment give reasonable consideration to the peculiar suitability of the property for particular uses? No. This property is currently agricultural, surrounded by rural, agricultural suburban densities. 10) Will the amendment give reasonable consideration to the character of the district? No. The character of the district is rural agricultural suburban. 11)Will the amendment give reasonable consideration to a view to conserving the value of buildings? This does not apply. There are no existing buildings on the property to consider. 12)Will the amendment give reasonable consideration to encouraging the most appropriate use of land throughout such municipal area? No. At this time, an R-2, 45-duplex development on land currently zoned and surrounded by AS does not constitute an appropriate use. A future PUD of varying density with consideration to walking, biking trails and open space would be appropriate at a time when development in this area is needed. I ask the City Planners to envision what our city will look like in 20 years at its' current growth rate. Do you intend to build to maximum densities right up to the `future urban' boundaries at the request of developers? Or are you going to value open spaces and neighborhoods that embrace the rural character of our community? Are you going to consider the human need for trails and connectivity to core services? Are you going to encourage development that is appropriate and provides Iong-lasting benefit to fur community— not short-term gain for developers? If so, how will you implement this vision? I strongly recommend that the City Commission deny the applicants' proposal for zoning change and annexation. Sincerely, � � 1 Ron Craighead 4140 South 3rd Bozeman, MT 59715