HomeMy WebLinkAboutA5. Stucky AnnexationPage 1 of 25
15232 & 15233, Staff Report for the Stucky Road Annexation and Zone Map
Amendment
Public Hearing Date: Zoning Commission public hearing is on July 21, 2015
City Commission public hearing is on July 27, 2015
Project Description: Application 15-232 & 15-233 requesting annexation of 20.62 acres
and amendment of the City zoning map for the establishment of a zoning designation
of R-4, High Density Residential District.
Project Location: 3000 Stuck Road, approximately ¾ of a mile west of 19th Avenue.
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 15-232 and move to approve
the Stucky Road 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 15-233 and move to approve
the Stucky Road Zone Map Amendment with contingencies required to complete the
application processing.
Report Date: July 1, 2015
Staff Contact: Tom Rogers, Senior Planner
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
Stucky Road provides primary access to the subject property and does not meet minimum
City right-of-way width for Collector Streets and is not constructed to a City standard
section. The Gallatin County Road and Bridge Department has indicated unwillingness to
permit encroachment into Stucky Road to allow the construction of City water and sewer
service without the City annexing the entire length of Stucky Road from the intersection of
South 19th Avenue to the western edge of the subject property.
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If the City annexes this section of road it would necessitate reconstruction of approximately
3,500 feet of Stucky Road to provide adequate service to the annexed property. A financial
plan to perform this activity has not been provided by the Applicant. In addition, this section
of road is not listed on current capital plans for improvement.
Although annexing and establishment of initial zoning does not generate traffic demand,
future development of the property will. The timing and mechanism for payment for the
reconstruction of Stucky Road remains an unresolved issue. In addition, to approve the
request to annex into the City and establish initial zoning is predicated on finding that the
Applicant has overcome the burden of proof showing the Goals and policies of Resolution
3907 are met (Section 5 of this report) and the application meets all of criteria set forth in
Section 6 of this report.
Project Summary
An application for annexation and the establishment of initial zoning on one existing parcel
comprising a total of 20.62 acres on the western edge of the City of Bozeman, as R-4. The
subject property is bounded by City annexed property on three sides. However, there is a gap
of un-annexed lands between this property and South 19th Avenue; primarily Genesis
Business Park and the Grace Bible Church Property as shown in the zoning maps in Section
2 of this report. In addition, lands to the west, northwest, and southwest fall within the
Gallatin County Bozeman Area Zoning District and are zoned A-S (Agricultural Suburban).
The A-S District has an average density of one development per twenty acres with a
modicum of density alternatives through cluster development.
The area is currently undeveloped and historically been used for limited small grain
agricultural production. There are no known agricultural water user facilities on site.
However, there are wetlands on the western edge of the property. Any and all impacts
associated with development of these areas will be addressed in subsequent review processes.
The subject property is not with an entryway corridor or historic district.
Alternatives
As identified by the City Commission.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2- RECOMMENDED TERMS OF ANNEXATION ........................................... 12
SECTION 3- RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT.... 13
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 13
Annexation ........................................................................................................................ 13
Zone Map Amendment ..................................................................................................... 13
SECTION 5 – ANNEXATION STAFF ANALYSIS AND FINDINGS ............................... 14
SECTION 6 – ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .......... 20
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 23
APPENDIX A – NOTICING AND PUBLIC COMMENT ................................................... 24
APPENDIX B – PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 24
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 25
FISCAL EFFECTS ................................................................................................................. 25
ATTACHMENTS ................................................................................................................... 25
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SECTION 1 - MAP SERIES
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Large scale zoning map.
Subject Property
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Current Water/Wastewater System
Sewer Main Location Subject Property Water Main Location
Genesis
Business Park
Meadow Creek
Subdivision
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Southwest look from the intersection of Godleneye and Stucky Road (subject property 687 feet to west)
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Subject property looking southwest
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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 “Stucky Road Annexation”.
2. An Annexation Map, titled “Stucky Road Annexation Map” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements
(including for portions of Stucky Road) 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.
3. 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.
4. 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.
5. 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.
6. Any subsequent development application shall include a functional assessment for all regulated wetland areas pursuant to Section 38.30.050.C, BMC.
7. Unless otherwise filed with property in conjunction with the annexation, the Applicant
shall provide and file with the County Clerk & Recorder executed Waivers of Right to
Protest Creation of SIDs for the following:
a) Street Improvements, including but not limited to paving, curb/gutter and storm
drainage facilities for Stucky Road.
b) 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.
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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 amendment. These contingencies only apply in the event that the related
annexation request has previously been approved.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Stucky Road Zone Map Amendment”.
2. That the Ordinance for the Zone Map Amendment shall not be approved until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation agreement is not approved, the Zone Map Amendment application shall be null and void.
3. That the applicant submit a zone amendment map, titled “Stucky Road 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.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) voted on June 17, 2015 to recommend approval of the requested
annexation.
The City Commission will hold a public meeting on the annexation on July 27, 2015. The
meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Stucky Road Zone Map Amendment (ZMA) is in conjunction
with an Annexation request. Staff’s recommendation and staff responses are predicated
on approval of the annexation.
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The Development Review Committee (DRC) considered the amendment on June 10 & 17,
2015. 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 ZMA on July 21, 2015 and will
forward a recommendation to the Commission on the Zone Map amendment. The meeting
will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
The City Commission will hold a public meeting on the zone map amendment on July 27,
2015. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin
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
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
The property in question is contiguous to the City limits on three sides, or 66.73 percent.
Please see the Large Scale Zoning Map in Section 1 of this report.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the
City, without regard to parcel size.
As noted in Goal # 1 above the property is contiguous with the City on three sides of the
property.
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 subject property is not contracting for services.
Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land
proposed for development lying within the service boundary of the existing sewer
system as depicted in the Bozeman Growth Policy, and to encourage annexations within
the urban growth area identified in the Bozeman Growth Policy.
The subject property is within the City’s adopted service areas. Services can be extended to
the property to be annexed. The property is in an area designated for urban development by
the growth policy.
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As shown on the Water/Waste Water map in Section 1 Map Series, sewer main runs adjacent
to the subject property under Stucky Road. Water supply however, is approximately 1,500
feet from the southeast edge of the property.
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.
Stucky Road provides primary access to the subject property. Currently Stucky Road is a
County road improved with asphalt millings in 2008. According to the Greater Bozeman
Area Transportation Plan, 2007 Update, Stucky Road is designated as a Collector street.
Collector streets require a 90 foot right of way. Currently, the properties represented by
COS’s, deeds of record, and subdivision plats show the south side of the center line of Stucky
Road ROW width varies from 30 feet at the intersection of South 19th Avenue adjacent to
Grace Bible Church (COS No. 1969) to 40 feet in front of Genesis Business Park (J-284),
back to 30 feet, and then increased to 45 feet (COS No. 2725) on the property just to the east
of the subject property.
The north side of Stucky Road is owned by Grace Bible Church (Minor Sub No. 1941) and
the Aaker family (COS 1245). The north half of Stucky Road shows a 30 foot by use road
easement from South 19th Avenue to the western edge of the subject property.
The annexation requires that 45 feet from the center of Stucky Road be dedicated to the City.
Grace Bible Church provided a waiver the right to property and SID for street improvement
to Stucky Road (Document No. 359448) is consideration of the City of Bozeman granting a
Conditional Use Permit for the church facility.
Genesis Business Park filed an SID for signalization of Stucky and South 19th Avenue
(Document No. 399739 & 400869). Based on review of filed documentation with the
Gallatin County Clerk and Recorder, Genesis Business Park did not file a waiver the right to
property and SID for street improvement to Stucky Road.
The annexed property to the east is a part of Meadow Creek Phase III (A06015). Meadow
Creek Phase III granted a 45 foot easement for the future expansion of Stucky Road but did
not require a waiver the right to property and SID for street improvement to Stucky Road.
There are no known SID waivers for the north half of Stucky Road.
Term of annexation 7 requires grant of a waiver of right to protest creation of SIDs for a park
maintenance district and to improve Stucky Road which is the primary access to the site. No
other improvement districts have been identified as likely.
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Cash in lieu of water rights may be deferred until the time of site development per Section
28.23.180, BMC.
Policy 2: Issues pertaining to master planning and zoning shall be addressed in
conjunction with the application for annexation.
a. The initial application for annexation shall be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, said amendment process may be initiated by the applicant and conducted
concurrently with the processing for annexation.
The property is designated as Residential as shown in the Future Land Use Map in Section 2
of this report. The proposed annexation and accompanying R-4 zoning designation are
consistent with the future land use map of the growth policy and Appendix C. No change to
the growth policy is needed. No conflicts with goals and objectives of the growth policy
have been identified.
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 to establish an initial municipal
zoning designation of R-4. The analysis of that application is in Section 6 of this report.
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.
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 has access from Stucky Road, a County road improved
with asphalt millings. The Applicant stated in criteria (f) of the zoning criteria of evaluation,
“possible transportation improvements necessary to maintain the roadway level of service
will be implemented as a part of development.” Please note that the level of service is one
aspect while minimum road design standards and cross section are additional improvements.
Note: The annexation and the placement of a zoning district designation on the property by
the City do not guarantee available services. Section 38.07.010.C of the Unified
Development Code states: “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed within
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that district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services”.
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.
In accordance with Section 38.23.180, BMC the water right payment or transfer is deferred
until time of site redevelopment. This will enable a more accurate measurement of the
demand for services. The annexation agreement shall provide notice to the applicant and any
future land owners of the need to meet this municipal code 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.
Full City infrastructure and emergency services are available to the subject property. The
Annexation Agreement shall contain provisions that discuss the developer’s responsibility for
extending the necessary services (water, sewer, streets, storm water facilities, etc.) to/into the
site under consideration. The purpose of the annexation is to prepare the property for future
development.
The applicants are aware that at the time of any further development on the property, the land
owners and their successors shall pay all additional impact fees. At such time that any site
plan or further development proposal is considered by the City, the extension of services will
be determined in detail based upon the type of development being reviewed by the advisory
and decision-making bodies.
The DRC considered the annexation request and did not identify any significant impacts to
the City’s sanitary sewer and water municipal facilities, or transportation system that could
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not be addressed or fulfilled by the applicant during any subsequent review for further
development of the property. However, due to the distal location of the property to City
standard streets off site improvements will be needed to allow full development of the
property if the Commission approves the annexation requests and grants initial zoning
designation of R-4.
Secondary access will more than likely be required. Apex Drive is the most probably
roadway to fulfill this need. Apex Drive terminates at the western edge of the Genesis
Business Park property. On site circulation is one alternative to provide the necessary
secondary access. These details will be addressed upon development of the property.
However, a connection to Apex Drive will provide additional east/west connection to the
developing area.
Stucky Road provides primary access to the subject property and does not meet minimum
City right-of-way width for Collector Streets and is not constructed to a City standard
section. The Gallatin County Road and Bridge Department has indicated unwillingness to
permit encroachment into Stucky Road to allow the construction of City water and service
without the City annexing the entire length of Stucky Road from the intersection of South
19th Avenue to the western edge of the subject property.
If the City annexes this section of road it would necessitate reconstruction of approximately
3,500 feet of Stucky Road to provide adequate service to the annexed property. A financial
plan to perform this activity has not been provided by the Applicant. In addition, this section
of road is not listed on current capital plans for improvement.
Although annexing and establishment of initial zoning does not generate traffic demand,
future development of the property will. The timing and mechanism for payment for the
reconstruction of Stucky Road remains an unresolved issue. In addition, to approve the
request to annex into the City and establish initial zoning is predicated on finding that the
Applicant has overcome the burden of proof showing the Goals and policies of Resolution
3907 are met (Section 5 of this report) and the application meets all of criteria set forth in
Section 6 of this report.
There is no plan in place to make the necessary improvements to Stucky Road to fully serve
possible development on a 20.62 acre parcel with an entitlement of high density residential
(R-4).
Policy 7: It shall be the general policy of the City of Bozeman to require annexation
of any contiguous property for which city services are requested or for which city
services are currently being contracted.
No City services are currently being contracted. The applicant intends to develop the
property for residential purposes. This will require municipal services in the future. No
services are currently being contracted. The provision of municipal services is the primary
focus of the annexation agreement which establishes the basic responsibilities for the private
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parties and the City. With further development of the property, municipal infrastructure will
be extended into the site.
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
Mapping to meet the requirements of the Director of Public works must be provided with the
Annexation Agreement. Typically, this includes an 18-inch x 24-inch mylar map, a reduced
8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes
and bounds legal description of said property. (Mapping requirements are addressed in
Recommended Term of Annexation # 2).
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.
The site will be assessed fees with development. There are no structures on the subject
property therefore; no impacts fees are required with annexation.
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.
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 No. 4.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
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SECTION 6 – ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval 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.
In considering the following criteria the analysis must show that the amendment
accomplishes criteria A-D or is neutral. 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 property is designated as Residential on the future land use map in the Bozeman
Community Plan. The requested R-4 zoning district is an implementing district for that
designation as shown on Table C-16 in the Bozeman Community Plan (see below). A review
of the goals and objectives shows no conflicts.
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B. Secure safety from fire and other dangers.
Neutral. The R-4 zone has been found to address this concern. Annexation and resulting
zoning will provide access to municipal services which will improve emergency service
response to the site.
The site is adjacent to Stucky Road (Collector). As noted above, Stucky Road is a local
County road with asphalt millings within a variable ROW width, without curb, gutter,
sidewalk, or bike lanes. Depending on the intensity and configuration of future development
a second access to the property will be required. A contingency of associated annexation of
the property includes 45 feet of Right-of-Way dedication.
Future improvement of this section of Stucky Road will occur with development of the site.
In addition, any future development of the property will include the necessary transportation
infrastructure development to accommodate the residence of the development and the
associated vehicular, pedestrian, and bicycle traffic. Stucky Road continues past the subject
property to Cottonwood Road with controlled access at that interception providing alternate
routes for emergency services.
C. Promote public health, public safety, and general welfare.
Neutral. The regulatory provisions established in all of the zoning designations, in
conjunction with provisions for adequate transportation facilities, properly designed water
mains and fire service lines and adequate emergency exits/escapes, will address safety
concerns with any further subdivision and/or other development of the property. All new
structures and development on the subject property will be required to meet or exceed the
minimum zoning requirements for setbacks, lot coverage, height limitations and lot sizes to
ensure the health, safety and general welfare of the community. Pursuant to Section
38.01.050, BMC the City of Bozeman has the authority and power to require more stringent
standards than the minimum requirements if it ensures the best service to the public interest.
A detailed analysis of the specifics of future development proposals will enable the
determination of whether a greater than minimum standard is required. At this time such
details are not available for review nor are required for this request.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. Development of the site will expand the municipal infrastructure in the area.
Development will require infrastructure to be brought to standard. Development of the site
to R-4 residential uses will provide housing for current and future residents of the City with
proximity to Montana State University.
The property, upon further development, will be required to come into conformance with all
requirements of the zoning ordinance. Any buildings constructed on the site will be subject
to review for building codes which will ensure they are constructed in a manner which
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reduces risk for fire, loss during earthquake, are structurally sound, and well fit for their
purpose. The City’s adopted zoning requires compliance with building codes by Section
38.34.100.
Additional development issues related to municipal infrastructure (i.e., water and sanitary
sewer) and public services (i.e., police and fire protection) will be addressed with subdivision
and/or site plan review when commercial demand can be more accurately calculated. Water
and sewer infrastructure are adjacent and available to the site.
Similarly, any development will be required to meet or exceed regulatory provisions
established through the City’s municipal code under Chapter 38, Unified Development Code
(UDC), BMC, for transportation facilities.
E. Reasonable provision of adequate light and air.
Yes. The required setback, residential open space, parkland, and parking requirements of the
R-4 zone will ensure that adequate light and air are available.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The change to R-4, depending on development intensity, may materially affect the
transportation system. However, future development applications will require the
preparation of the traffic study to quantify potential impacts of the transportation system and
suggest mitigation solutions.
Adequate right of way for adjacent streets will be provided by the annexation process. ROW
and street improvements have not been completed between the subject property and South
19th Avenue. Development will incrementally expand the non-motorized transportation
system. As the Applicant stated in the submittal, transportation improvements necessary to
maintain the roadway level of service will be implemented as part of development. Chapter
38.24, BMC establishes the requirements for development of the transportation system.
G. Promotion of compatible urban growth.
Yes. The property is contiguous with the City on three sides. The subject property is
bounded by R-4 on the east side, R-3 on the south, PLI, and Unannexed property to the west.
The subject property and surrounding area is within the purview of the growth boundary of
the City.
H. Character of the district.
Neutral. The area is in gradual transition from rural to urban. Commercial activities are near
with other similarly zoning lands adjacent to the subject property. The Bozeman Community
Plan designates this area for residential development.
Rural character will remain to the west of the property. Wetlands are present on the western
edge of the subject property. This natural buffer with required setbacks will provide a
transition between the two areas. In addition, substantial parkland dedication will be
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required with any residential development providing additional buffer areas between areas.
The surrounding area is designated for residential development according to the Bozeman
Community Plan. However, numerous implementing zoning districts are listed in Table C-
16 including R-S, R-1, R-2, R-3, R-4, R-O, RMH, and PLI.
I. Peculiar suitability for particular uses.
Yes. The site is generally uninhibited and could be developed with many different uses and
zoning districts. The property is generally flat and unencumbered by natural impediments for
development.
J. Conserving the value of buildings.
Neutral. The applicant has indicated that they intend to construct an apartment complex.
There are no buildings on the subject property. Adjacent properties host a number of
agricultural related structures, residences, and Genesis Business Park further to the east.
The adjacent properties are zoned R-4, R-3, PLI, and un-annexed agricultural properties.
The promotion of the property to the R-4 Distinct may increase some building values and
devalue others. Depending on a number of variables including proposed uses, design
considerations, and site plan layout it is undetermined whether or not the value of the other
existing structures will be conserved, increase in value or be negatively affected.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The Bozeman Community Plan designates this area and the surrounding areas for
residential purposes. The proposed amendments of R-4 zoning designation of this proposal
are supportive of the overall intent of the Growth Policy. See Item A. This zoning will also
allow this property to develop at a density that takes advantage of the proximity to
commercial areas and Montana State University near this location.
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 – NOTICING AND PUBLIC COMMENT
The site was posted with a public notice at least 15 days and not more than 45 days prior to
the public hearings. A notice was published in the Bozeman Daily Chronicle legal notices. A
notice was mailed to allow owners within 200 feet of the site.
No public comments have been received as of the writing of this report.
APPENDIX B – PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The
description of this designation is:
“This designates places where the primary activity is urban density dwellings. Other uses
which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. High density residential areas should be
established in close proximity to commercial centers to facilitate the provision of services
and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which
may require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32
dwellings per net acre. A higher density may be considered in some locations and
circumstances. A variety of housing types can be blended to achieve the desired density.
Large areas of single type housing are discouraged. In limited instances the strong presence
of constraints and natural features such as floodplains may cause an area to be designated for
development at a lower density than normally expected within this category. All residential
housing should be arranged with consideration of compatibility with adjacent development,
natural constraints such as watercourses or steep slopes, and in a fashion which advances the
overall goals of the Bozeman growth policy. The residential designation is intended to
provide the primary locations for additional housing within the planning area.”
Proposed Zoning Designation and Land Uses:
The subject property is zoned “R-4” (High Density Residential District). The intent of the R-
4 residential high density 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
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use to residential development. Secondary status shall be as measured by percentage of total
building area.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Nehls Enterprises LLC, Atten. David Vicevish, Esq., 524 E Park St., Suite B,
Butte, MT 59701
Applicant: SH Acquisitions LLC, 410 Old Santa Fe Trail, Suite A, Santa Fe, NM 84501
Representative: Mr. Chris Budeski, P.E., Madison Engineering, Inc., 895 Technology Blvd.,
Suite 203, Bozeman, MT 59718
Report By: Tom Rogers, AICP, Senior Planner
FISCAL EFFECTS
With the exception of possible road improvement costs of Stucky Road no additional unusual
fiscal effects have been identified.
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
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