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A14002 & Z14280, Staff Report for the Broadleaf Annexation and Zone Map
Amendment
NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE
ITS PRESENTATION TO THE ZONING COMMISSION ARE SHOWN IN
RED.
Public Hearing Date: Zoning Commission meeting is on Tuesday, November 18, 2014,
City Commission meeting is on Monday, December 15, 2014.
Project Description: Broadleaf Annexation and Zone Map Amendment applications have
been submitted for property (1.96 gross acres) located south of Lincoln Street and
east of Maple Lane. The applications would allow the establishment of an initial
zoning classification of R-4 (Residential High Density District) for approximately
0.33 acres of the property contingent upon annexation into the City of Bozeman, and
rezoning of approximately 1.63 acres of the property from R-1 zoning (Residential
Single-Household, Low Density District) to R-4 zoning.
Project Location: Generally located south of Lincoln Street between Alder Court Lane and
Maple Lane. The property to be annexed and initial zoning designation is legally
described as W ½ NW ¼ SW ¼ of Section 13, Township 2 South, Range 5 East,
P.M.M., Gallatin County, Montana. The property to be rezoned is legally described
as Tracts 26A & 27A of Beatty’s Alder Court Subdivision and Tract 1A of
Certificate of Survey No. 2639 situated in the SW ¼ of Section 13, Township 2
South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with terms of annexation and contingencies
Recommended Annexation Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application A14002 and move to
approve the Broadleaf Annexation with recommended terms of annexation, and
direct staff to prepare an annexation agreement for signature by the parties.
Recommended Zoning Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application Z14280 and move to approve
the Broadleaf Zone Map Amendment with contingencies required to complete the
application processing.
Report Date: November 13, 2014 (updates added December 5, 2014)
Staff Contact: Allyson Brekke, Associate Planner
Agenda Item Type: Action - Legislative
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EXECUTIVE SUMMARY
Project Summary
The property owner and applicant made application for an Annexation and Zoning Map
Amendment requesting the establishment of an initial zoning classification of R-4
(Residential High Density District) for approximately 0.33 acres of the property contingent
upon annexation into the City of Bozeman, and rezoning of approximately 1.63 acres of the
property from R-1 zoning (Residential Single-Household, Low Density District) to R-4
zoning. The subject property is generally located south of Lincoln Street between Alder
Court Lane and Maple Lane and is legally described above. One residential building exists
on the property considered for annexation and initial zoning, and two residential buildings
exist on the remaining property considered for rezoning. The purpose of the public hearing is
to consider an annexation with an accompanying amendment to the City of Bozeman Zoning
Map. The required criteria appear to be met.
For a detailed discussion on the property and its zoning history please see Appendix A.
Unresolved Issues
None
Alternatives
1) Approve the applications as submitted.
2) Approve with an alternate zoning after making findings to support that action.
3) Disapprove the applications.
Zoning Commission
The Zoning Commission unanimously recommended approval of the application as it was
submitted after conducting their public hearing on November 18, 2014. There was public
testimony from four persons received at the public hearing, which is summarized in the
“Public Comment” section of this report. The link to the video recording of this public
hearing can be found here http://www.avcaptureall.com/Sessions.aspx#session.71c2e967-
2ef8-4057-a4b1-b62ce4c2404e. The Broadleaf discussion begins at 6:34 p.m.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Project Summary ................................................................................................................. 2
Unresolved Issues ............................................................................................................... 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2- RECOMMENDED TERMS OF ANNEXATION ............................................. 7
SECTION 3- RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT...... 8
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
Project Name: Broadleaf Annexation ................................................................................. 9
Project Name: Broadleaf Zone Map Amendment ........................................................... 9
SECTION 5 – ANNEXATION STAFF ANALYSIS AND FINDINGS ................................. 9
SECTION 6 – ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .......... 13
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 16
APPENDIX A – DETAILED PROJECT DESCRIPTION AND BACKGROUND ............. 17
APPENDIX B –REQUESTED RELAXATION/DEVIATIONS/VARIANCES ................... 17
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 17
APPENDIX D – PROJECT GROWTH POLICY AND PROPOSED ZONING................... 18
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF ............................ 19
FISCAL EFFECTS ................................................................................................................. 19
ATTACHMENTS ................................................................................................................... 19
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SECTION 1 - MAP SERIES
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Annex.
Propert
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Annex.
Propert
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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 “Broadleaf Annexation”.
2) That the applicant execute at the Gallatin County Clerk & Recorder’s Office in
conjunction with the annexation 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.
3) An Annexation Map, titled “Broadleaf 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 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.
4) The land owners and their successors shall pay all fire, street, water and sewer impact
fees at the time of connection; and for future development, as required by Chapter 2,
Bozeman Municipal Code, or as amended at the time of application for any permit listed therein.
5) 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. 6) 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. 7) 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 including paving, curb/gutter, sidewalk and storm drainage facilities for the following streets: a) Kagy Boulevard, b) Lincoln Street, and c) Maple
Lane;
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B. Improvements to the intersection of Lincoln Street and 11th Avenue; and
C. Trunk sewer and water mains to serve the property. 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.
SECTION 3- RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed zone map amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “Broadleaf 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 for unannexed property shall be null and void. 3. That the applicant submit a zone amendment map, titled “Broadleaf 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 and zoning districts, and total acreage of the
property.
4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area to be rezoned, which will be utilized in the preparation of the
Ordinance to officially amend the zone map.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Broadleaf Annexation
File: A-14002
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) voted on November 5, 2014 to recommend approval of the requested
annexation.
The City Commission will hold a public meeting on the annexation on Monday, December
15, 2014. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will
begin at 6 p.m.
Project Name: Broadleaf Zone Map Amendment
File: Z-14280
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. A portion of the Broadleaf Zone Map Amendment (ZMA) is in
conjunction with an annexation request. Staff’s recommendation and staff responses remain
the same even if the applicant chooses not to move forward with the annexation agreement
for File A14002 and choose not to annex the 0.33 acre portion.
The Development Review Committee (DRC) considered the amendment on October 22, 29
and November 5, 2014. The DRC did discuss about a potential constraint of limited sewer
capacity at time of future development of the property. However, the capacity is adequate at
this time and the DRC did not identify any infrastructure or regulatory constraints which
would impede the approval of the application.
The Zoning Commission will hold a public hearing on this Zone Map Amendment (ZMA) on
Tuesday, November 18, 2014 and forward a recommendation to the City Commission. The
public hearing will be held at 121 N. Rouse Avenue, Bozeman at 6 p.m. The Zoning
Commission recommended favorably with the staff recommended contingencies.
The City Commission will hold a public hearing on the zone map amendment on Monday,
December 15, 2014. The public hearing will be held at 121 N. Rouse Avenue, Bozeman at 6
p.m.
SECTION 5 – ANNEXATION STAFF ANALYSIS AND FINDINGS
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
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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 City limits on the north, east and west sides, but is
adjacent to Gallatin County property zoned RS (Residential – Suburban District) on the south
side. Annexation of the subject property will advance this goal.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the
City, without regard to parcel size.
The subject property is part of a county island which is totally surrounded by the City. The
application is for one of the two parcels making up that in-holding. There is one adjacent
parcel that will remain in the County’s jurisdiction. Annexation of the subject property 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 currently not receiving services from the City and is on an
independent well with septic system.
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 property owners have not identified a specific development proposal at this time other
than stating the desire to develop high density residential at some point in the future. The
property may require further subdivision prior to residential development. Overall the
property has the potential to be developed because services are in close proximity, it is
located within the City’s water and sewer service area, and it is within the identified growth
area for the City per 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 are provided in the Annexation Agreement and in
the above section of this report entitled “Section 2: Recommended Terms of Annexation”.
The proposed terms of annexation address this policy.
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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 “Residential” on Figure 3-1 of the Bozeman Community Plan.
The zoning request of R-4 (Residential High Density) 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 (#Z-14280) to establish an initial
municipal zoning designation of the 0.33 acres as R-4 (Residential High Density District).
Staff has no objection to the requested zoning.
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-4 (High
Residential Density District), and that item is addressed further under that respective agenda
item and packet materials.
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.
The property proposed for annexation is just south of a portion of an unpaved, unimproved
county dedicated right-of-way named Maple Lane. The developer shall be responsible for
their share of improvements to this roadway as part of the development process.
Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee the availability of 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
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all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services”.
Policy 5: 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. The annexation agreement includes
a provision addressing this requirement.
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.
City infrastructure and emergency services can be provided upon development of the
property. The City provides services to adjacent properties at this time. This property does
not currently intrude on capacity reserved for another property or development.
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 for the subject property. The City’s sewer
services are in close proximity. 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.
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
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and bounds legal description of said property. (Mapping requirements are addressed in
Recommended Term of Annexation # 1).
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.
This policy will be addressed at the time of future development. The existing development on
the site will be considered as a potential credit when determining the amount of applicable
impact fees.
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 #2. The agreement shall
be prepared upon action by the City Commission to approve the annexation.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
SECTION 6 – ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval of a zone map amendment under this title, the
advisory boards and City Commission shall consider the following criteria. As an
amendment is a legislative action, the Commission has broad latitude to determine a policy
direction. The burden of proof that the application should be approved lies with the applicant.
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In considering the following criteria the analysis must show that the amendment
accomplishes criteria A-D. Criteria E-K must be considered and may be found to be
affirmative, neutral, or negative. A favorable decision on the proposed application must find
that the application meets all of criteria A-D and that the positive outcomes of the
amendment outweigh negative outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The current growth policy designation is Residential. The applicant is requesting an
initial zoning designation of R-4 (Residential High Density District) for the 0.33 acres of
property being considered for annexation and a rezoning from R-1 (Residential Single-
Household, Low Density District) to R-4 for the 1.63 acres of property already within the
City. These designations are consistent with the growth policy. In particular, staff finds the
zoning request to be compatible with the surrounding neighborhood context. Intensive
residential development to the south and west help to create a neighborhood character
consistent with R-4 zoning. No further conflicts have been identified with the goals and
objectives of the growth policy. Staff supports the proposed initial zoning and rezoning of R-
4.
B. Secure safety from fire and other dangers.
Yes. A portion of the property is being annexed in association with this zone map
amendment. Annexation will make city fire and emergency service protection available
which will improve the level of service of the entire subject property. The proposed initial
zoning and rezoning alters the zone map but not any development standards as required with
the Bozeman Municipal Code. The change to the map is not expected to affect those
standards.
C. Promote public health, public safety, and general welfare.
Yes. The initial zoning designation of R-4 for the portion of property being considered for
annexation will allow the property to develop per the Bozeman Municipal Code standards
and will provide revitalized growth to an underutilized property. The proposed rezoning of
the remaining portion of the subject property will continue to allow for residential
development. Municipal services will be utilized at the time of development. Staff does not
anticipate the proposed zoning to affect the public health, public safety and general welfare.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. Per the annexation agreement associated with this application, the developer will be
responsible to upgrade or extend needed infrastructure upon development of the subject
property. Additionally, standards ensuring adequate provision of needed infrastructure and
public safety will be applicable at time of development. Title 18 of the Bozeman Municipal
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Code includes additional standards to protect the public health, safety and general welfare.
The are various standards and review procedures used by the City to avoid negative
outcomes. Examples of standards are for sewer flow capacity, traffic congestion levels of
service, availability of water, parkland standards, transit location and availability, etc.
E. Reasonable provision of adequate light and air.
Neutral. The proposed zoning does not amend setbacks, park requirements or other
standards affecting this issue. The R-4 residential zoning district has been found to
satisfactorily meet this criterion.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The transportation systems currently in close proximity to the subject property are
adequate to carry anticipated traffic from the proposed zoning. Title 18 of the Bozeman
Municipal Code includes additional standards to protect the level of service of motorized
transportation systems.
G. Promotion of compatible urban growth.
Yes. The proposed initial zoning and rezoning designation of R-4 zoning is determined to be
acceptable for urban characteristics. The site is located within the urban service areas for all
municipal services. The location is within the Bozeman Community Plan development area.
The development of the area in residential uses will be subject to municipal standards for
urban development.
Additionally, adjacent properties to the west and south have compatible zoning designations.
These properties are developed with multi-household residential communities (city, R-4
zoning to the west, R-2 zoning to the south). North of the property is Montana State
University public land (PLI zoning), that includes the location under construction for a new
residential dormitory with ~300 beds. While R-S zoning is adjacent to the east of the subject
property, it is quickly becoming the stand alone area of low density residential development.
Higher density residential development is supportable because of the close proximity of
transportation systems, commercial businesses offering convenience and retail services that
can support high density residential.
H. Character of the district.
Neutral. The property is occupied by only three residential structures. West and south of the
property are examples of multi-household development. Further east along Lincoln Street
and S. 11th Avenue are established and active commercial uses. The proposal of higher
density R-4 residential zoning is appropriate in character with the multi-household and
commercial development. The area immediately adjacent to the east of the subject property
is a single-household residential structure character, zoned R-S (Residential Suburban
Density) for both the City zoned land and Gallatin County zoned land. This area is a part of
the Beatty’s Alder Court Subdivision which was originally approved in the mid -1990s.
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Since that time the City has grown around the subdivision at a higher residential density.
After conducting some research into ownership of the Beatty’s Subdivision and Beatty’s
Alder Court Subdivision that remains zoned R-S in the County, most of the properties are not
owner occupied. Specifically, 65% of the properties within both subdivisions are not owner
occupied. In regards to Alder Court addressed properties, 56% of are not owner occupied.
This is not typical for most R-S areas and indicates the change in surrounding neighborhood
context to support higher density residential. Title 18 of the Bozeman Municipal Code
includes several development standards that will ensure neighborhood compatibility.
I. Peculiar suitability for particular uses.
Yes. The property is proposed to be initially zoned and rezoned to R-4 residential zoning.
Higher density residential development is appropriate for this area. While there are other
residential districts which could also be appropriate, the R-4 district seems to be the most
suitable because it would provide for the greatest opportunity to provide multi-household
development that can serve the Montana State University student population as well as the
greater Bozeman community who are looking for housing and/or rental opportunities. The
property’s close proximity to both the MSU campus (including a new residence hall) and the
commercial uses further east on Lincoln Street and South 11th Avenue make the site of
peculiar suitability for a higher density residential development.
J. Conserving the value of buildings.
Neutral. Currently three existing single household residences and associated accessory
buildings exist on the property. The promotion of the property structures into the R-4
Distinct may increase some building values in association with an increase in property value.
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.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The property’s close proximity to both the MSU campus (including a new residence
hall) and the commercial uses further east on Lincoln Street and South 11th Avenue make the
site of peculiar suitability for a higher density residential development.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
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APPENDIX A – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The Broadleaf Annexation and Zone Map Amendment were completely submitted on
September 29, 2014. The subject property is approximately 1.96 acres and generally located
south of Lincoln Street between Alder Court Lane and Maple Lane.
The property owner and applicant are requesting the establishment of an initial zoning
classification of R-4 (Residential High Density District) for approximately 0.33 acres of the
property contingent upon annexation into the City of Bozeman, and rezoning of
approximately 1.63 acres of the property from R-1 zoning (Residential Single-Household,
Low Density District) to R-4 zoning. One residential building exists on the property
considered for annexation and initial zoning, and two residential buildings exist on the
remaining property considered for rezoning.
A brief history of the portion of the subject property that is already annexed within the city
was a part of a previous zone map amendment application requesting R-3 zoning. The zoning
request was denied by the City Commission and rather, R-1 zoning was approved.
APPENDIX B –REQUESTED RELAXATION/DEVIATIONS/VARIANCES
No relaxations, deviations or variances were requested by the applicant.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice will be published in the legal section of the Bozeman Daily Chronicle on November 2
and 9, 2014. The site was posted on November 2, 2014. Notice was mailed to all property
owners within 200 feet of the outer boundary of the site on October 31, 2014. Notice was
provided at least 15 and not more than 45 days prior to the Zoning Commission public
hearing on November 18, 2014 and the City Commission public hearing on December 15,
2014.
One letter of public comment was received from Ms. Mary Price on November 18, 2014 and
is attached with this report. The letter speaks to the single-household residential character of
Alder Court and that the integrity of the street should be respected by not allowing the
neighboring development to cut through onto Alder Court and that the buildings built should
respect the single-household structures in terms of height and massing.
Public testimony was received from four persons at the Zoning Commission public hearing:
Ms. Mary Price of 1615 Alder Court, spoke about the subject property being under bank
ownership for the last six years and is a mess, with people cutting through at all times. The
development should be done with care so it does not affect the Alder Court residents. She
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also spoke about concern of traffic and parking congestion occurring on Alder Court with
future development of the subject property.
Mr. Ryan Diehl of 1523 Alder Court also spoke about the single-family housing character of
Alder Court and that the development should be considerate.
Mr. Don Lent of 406 Princeton Place, and a Hawk’s Ridge Condominium property owner,
supports the rezoning but hopes the pedestrian path that cuts through the subject property
would retained.
Mr. Jerry Pape, spoke about Gallatin County inholdings within the City of Bozeman as being
a problem. He also spoke on the anticipated density of development of the subject property
being respectful to its neighbors. Lastly, he made a recommendation to the Alder Court
residents to create a neighborhood association and come forward with an annexation request
into the City.
APPENDIX D – PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan
indicates that:
“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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Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of “R-4” (Residential High Density District) in
association with the annexation and initial zoning designation, as well as the remaining
portion considered for rezoning. The intent of the R-4 residential zoning district is to provide
for high-density residential development through a variety of housing types within the city
with associated service functions. This will provide for a variety of compatible housing types
to serve the varying needs of the community's residents. Although some office use is
permitted, it shall remain as a secondary use to residential development. Secondary status
shall be as measured by percentage of total building area. The R-4 district allows for a wide
range of land uses on the subject property.
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF
Owner: Broadleaf LLC, 536 Oxford Drive, Bozeman, MT 59715
Applicant: Benjamin T. Elias, 512 E. Fridley Street, Bozeman, MT 59715
Representative: Same as above
Report By: Allyson Brekke, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
Public Comment
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Broadleaf Annexation Checklist Narrative
Q2: Is the property wholly surrounded by the City of Bozeman?
Response: No – south property boundary is adjacent to unplatted unnicorporated Gallatin County
residential property zoned RS.
Q3: Is the property currently contracting with the City for municipal services such as water,
sanitary sewer and or fire protection?
Response: No – the property currently is on an independent well with a septic system.
Q6: Do unpaved county roads comprise the most commonly used route to gain access to the
property?
Response: No – the property is accessed via Maple Lane
Q7: If it is found that adequate services cannot be provided to ensure public health, safety
and welfare, has the property owner(s) provided a written plan for the accommodation
of these services?
Response: No – due to the proximity of this property to current public services, the owners do not
feel that there will be any issue with the provision of services to this property.
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