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15430, Staff Report for the George Smith Annexation and Zone Map
Amendment
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 public hearing is November 17, 2015
City Commission public hearing is December 14, 2015
Project Description: Application 15430 requesting annexation of 0.9093 acres and .26
acres of right of way for Thomas Drive and amendment of the City zoning map for
the establishment of a zoning designation of R-4 (High Density Residential District).
Project Location: 1163 Thomas Drive
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 15430 and move to approve
the George Smith 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 15430 and move to approve
the George Smith Annexation Zone Map Amendment with contingencies required to
complete the application processing.
Report Date: November 5, 2015
Staff Contact: Chris Saunders, Policy and Planning Manager
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The property is one part of a three lot unannexed area along Thomas Drive. The annexation
includes the annexation of the remaining portions of Thomas Drive. There is a single home
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on the site. Annexation is necessary to provide for access to municipal sewer. The site has a
deficient septic system.
Alternatives
1. Approve the application with terms and contingencies as presented;
2. Approve the application with revised terms and contingencies;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
Zoning Commission
The Zoning Commission met on November 17, 2015 and unanimously recommended
favorably on the amendment. There were two public comments as described in Appendix B
and the attached Zoning Commission minutes. The video of the meeting is available at
http://media.avcaptureall.com/session.html?sessionid=b254543e-01b4-423d-9960-
f0fddac24a20. The portion of the meeting applicable to this project begins at approximately
6:45 minutes into the recording.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2- RECOMMENDED TERMS OF ANNEXATION ............................................. 7
SECTION 3- RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT...... 9
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
SECTION 5 – ANNEXATION STAFF ANALYSIS AND FINDINGS ............................... 10
SECTION 6 – ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .......... 13
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 15
APPENDIX A –PROJECT DESCRIPTION AND BACKGROUND ................................... 15
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APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................... 16
APPENDIX C – PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 16
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 17
FISCAL EFFECTS ................................................................................................................. 17
ATTACHMENTS ................................................................................................................... 17
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SECTION 1 - MAP SERIES
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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 “George Smith Annexation”.
2) The annexation shall include all the right of way of Thomas Drive in front of Lots 1-3,
Baxter Lane Subdivision No. 1.
3) 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.
4) An Annexation Map, titled “George Smith Annexation Map” with a legal description of
the property and any adjoining unannexed rights-of-way and/or street right of way
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.
5) 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. It is recognized that the fire impact fees will be due at the time of completion of
the annexation agreement, the water and sewer will be due at the time of connection to
services, and transportation will be due at the time of issuance of a building permit. Fire
impact fee of $455.64 has been determined for payment at time of annexation.
6) 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. The Annexation agreement shall be executed
and returned to the City within 60 days of distribution of the annexation agreement
including exhibits, right of way easements, and payment of identified costs or the annexation approval shall be null and void.
7) 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.
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8) The property lies within the Baxter and N. 19th Signal Payback area. The assessment
rate is $0.00215216/ft2 of total area of the property. The total due for the Payback
area is $85.25. The applicant will be required to pay the fee for the Payback Area.
9) The applicant must either dedicate the right-of-way (ROW) for the future roadway for Thomas Drive/N. 27th Avenue or provide an easement for the future collector
road section. The required ROW or easement line location must be 45-feet from the
centerline of the future road alignment. The future road alignment may be
determined by extension of N. 27th Avenue as constructed south of Baxter Lane.
10) Section 38.23.180 of the Bozeman Municipal Code requires provision for water rights or cash in lieu thereof. The applicant must perform a water rights search to determine if any exist for this property. Any water rights that exist for this property must be transferred to
the City of Bozeman prior to development. If insufficient water rights exist, cash in lieu
of water rights, in an amount determined by the City Engineering Department, must be
paid prior to development. Cash-in-lieu in the amount of $1,404.00 has been determined.
11) Upon annexation, the existing residence on the property must be connected to City water and sewer utilities. Water and sewer services must be constructed per City
requirements. The applicant shall contact the City Water and Sewer Superintendent
to obtain details of construction of services. The City Water and Sewer
Superintendent shall be notified a minimum of 48 hours prior to construction of the services.
12) Upon connection to the City water and sewer system, the existing on-site sewage
treatment system must be properly abandoned and certification provided that the
abandonment occurred. Any wells presently used for domestic purpose can be retained
for irrigation only with no physical connection to domestic water piping. Provide certification that there is no physical connection between an on-site well and the domestic water piping.
13) The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
a. Street improvements to Thomas Drive/N. 27th Avenue including paving, curb/gutter,
sidewalk, lighting, and storm drainage.
b. Street improvements to Cattail Street including paving, curb/gutter, sidewalk,
lighting, and storm drainage.
c. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, lighting, and storm drainage.
d. Intersection improvements to the intersection of Thomas Drive/N. 27th Avenue and
Baxter Lane.
e. Intersection improvements to the intersection of N. 19th Avenue and Baxter Lane.
f. Intersection improvements to the intersection of Thomas Drive/N. 27th Avenue and Cattail Street.
g. Intersection improvements to the intersection of N. 19th Avenue and Cattail Street.
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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. These contingencies only apply in the event that the related
annexation request has previously been approved.
Recommended Contingencies of Approval:
1. 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.
2. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “George Smith Annexation Zone Map Amendment”.
3. That the applicant submit a zone amendment map, titled “George Smith Annexation
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, including all
right of way, and total acreage of the property. The map amendment materials shall
be submitted at the same time as the materials for completion of the annexation.
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
Having considered the criteria established for an annexation and zone map amendment, the
Development Review Committee (DRC) voted on October 28, 2015 to recommend approval
of the requested annexation and zone map amendment. The George Smith Annexation 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 Zoning Commission public hearing on this ZMA will be on November 17, 2015. A
recommendation will be made to the City Commission on the Zone Map amendment.
The City Commission will hold a public meeting on the annexation and a public hearing on
the zone map amendment on December 14, 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 4400 Criteria
Resolution No. 4400 Goals
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
The property in question is contiguous to the City limits on the west, east and north.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the
City, without regard to parcel size.
The area including the subject property is completely surrounded by the City. See the map
exhibits in Section 1.
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 does not currently contract 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 service boundary and is adjacent to water and sewer mains.
The site is within the area planned for urban development in the Bozeman Growth Policy.
Resolution No. 4400 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 includes Terms 2, 9 and 13. Term 2 requires
annexation of existing right of way. Term 9 requires an easement on Lot 1 necessary to
provide full width of Thomas Drive which is designated as a collector street in the current
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long range transportation plan. Term 13 requires waivers of right to protest for street
improvements relevant to this property.
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 the future land use map of the growth policy.
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 to establish an initial municipal
zoning designation of R-4, High Density Residential. For analysis of that request see 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, High Density
Residential.
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 adjacent to an unpaved portion of Thomas Drive.
Thomas Drive from Baxter Lane to Sartain Street is paved. North of Sartain Street, Thomas
Drive is unpaved and a dead end. The long range transportation plan calls for Thomas Drive
to be connected to N. 27th Avenue at Cattail Street to the north. This project is included in the
most recent proposed capital improvement plan for Fiscal Year 2021. Annexation of this
parcel will facilitate obtaining right of way needed to construct the paved section.
Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee available services. Section 38.07.010.C of the Unified
Development Code states: “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed within
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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 adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.23.180 of the municipal code.
Term of annexation 10 addresses this issue. Given the small size of the property water rights
or cash-in-lieu must be provided at the time the annexation agreement is returned by the
applicant.
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 are available to this property.
Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any
contiguous property for which city services are requested or for which city services are
currently being contracted.
Not applicable to this annexation.
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 # 1 and 4).
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 item is specified in Recommended Term of Annexation #5.
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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&B.1, BMC.
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 #6.
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 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. 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 located in an area planned for residential development. Table C-16
shows the R-4 district as an implementing district for the Residential land use designation.
The Residential land use designation notes that annexation is required prior to development.
Objective PS-3.3 in Chapter 12 encourages the annexation of wholly surrounded parcels such
as this property. No conflicts between the requested zoning and the growth policy have been
identified.
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B. Secure safety from fire and other dangers.
Yes. Annexation will enable improved emergency services response from City agencies.
The City has a fire station at Vaquero and Davis which will provide a more rapid emergency
response. The site currently has one home on it and a deficient septic system. Access to
municipal sewer will reduce hazards from inadequate sanitation services. This is associated
more with annexation than with a specific zoning district. The R-4 zone has associated
development standards and review procedures which will require any future development to
address this issue.
C. Promote public health, public safety, and general welfare.
Neutral. The R-4 district is not materially different from other municipal zoning districts in
this subject. All districts have established standards for setbacks, provision of parks, and
other requirements that address this issue. Any future development will be subject to review
and if required revisions to protect the public well-being. An example is extension of water
service to support a fire hydrant.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Neutral. Water and sewer services are already adjacent to the property to the east. Thomas
Drive is a dedicated road and as part of the terms of annexation the property owner will
provide an easement for expansion of the road. See discussion in Section 5 of this report.
Development will be required to provide for their own necessary facilities. Designation as an
R-4 district rather than another residential district will not materially affect these
requirements.
E. Reasonable provision of adequate light and air.
Yes. The R-4 district includes setbacks, limits on lot coverage, and similar standards to
ensure this criteria is met. Future development must participate in provision of parks. The R-
4 zone is the same as other zoning to the north and south.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The application of the R-4 district itself will not affect this criterion. Future
development must provide for street improvements, sidewalks, parking areas, and related
improvements to ensure that the site has adequate transportation services.
G. Promotion of compatible urban growth.
Yes. The site is within the boundaries of the City and will partially close an unannexed area
in the community. The development internal to the City will lessen outward expansion and
conflict with rural areas.
H. Character of the district.
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Yes. The area along the west of Thomas Drive is presently zoned as R-4 although most of
the area has not yet developed at urban densities. There are several single homes on larger
tracts along the west side. East of Thomas Drive is planned and zoned for non-residential
uses.
I. Peculiar suitability for particular uses.
Neutral. The site is flat and generally not limited for any particular urban use and therefore
does not have a peculiar suitability. All municipal services are available and do not pose a
constraint on development.
J. Conserving the value of buildings.
Yes. The annexed property to the north and south is already zoned as R-4. The north side is
physically adjacent to R-4 zoned area. No detrimental change is expected from the new
zoning. The use of the site as a single household dwelling may continue after annexation.
The existing homes to the north and south are the only adjacent existing buildings. The
property to the west is developing as R-3. The uses between the R-4 and R-3 districts are
considered compatible with each other per Section 38.08.010, BMC.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The most appropriate use of this property is for infill residential development. This is
indicated by the designation of the site as Residential on Figure 3-1 of the growth policy, its
proximity to municipal services in Thomas Drive, and as a parcel of land wholly surrounded
by the City.
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.
APPENDIX A –PROJECT DESCRIPTION AND BACKGROUND
The application seeks to annex an existing subdivided lot. The parcel is surrounded by the City
and is adjacent to Thomas Drive. The lot is 0.9093 acres and the annexation will also include
0.26 acres of right of way for Thomas Drive. State law requires annexation of adjacent right of
way at the same time as the private property.
The site is developed with a single home. The site has an inadequate septic system and needs
access to the municipal sewer. The sewer and water mains are located in Thomas Drive.
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APPENDIX B – NOTICING AND PUBLIC COMMENT
A zone map amendment is noticed to the public by publication as a legal ad in the Bozeman
Daily Chronicle, mailing to all owners within 200 feet of the site, and posting a notice on the
site. Notice must be provided not less than 15 days or more than 45 days prior to any public
hearing. Notice has been provided in all required methods within the required time frames.
As of the writing of this report no written public comment has been received. Any such
comments received prior to a public hearing before the Zoning Commission or City
Commission will be provided at or prior to the hearing.
Two public comments were received at the Zoning Commission public hearing regarding use
of the property. No use is being approved with this application for annexation and initial
zoning. The voiced concern regarding occupancy by a half way house is premature. Any
future application will require public notification and specific application materials and
comment will be addressed at that time. Such uses can be permitted in all residential zoning
districts.
Verbal concerns have been voiced by adjacent owners regarding use of the property in the
county. Changes from the present use as a single household residence under City jurisdiction
will require public noticing per article 38.40, BMC.
APPENDIX C – 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,
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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 applicant has requested zoning of “R-4” (Residential High Density District) in
association with the annexation of the property. 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 use to residential development.
Secondary status shall be as measured by percentage of total building area.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: George Smith, 12933 Bronco Ave, Fishers, IN 46037
Applicant: Michael McClary 342 Clancy Street, Helena MT 59601
Representative: C&H Engineering and Surveying 1092 Stoneridge Drive, Bozeman MT 59718
Report By: Chris Saunders, Policy and Planning Manager
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
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451
452
453
455
456
457
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459
460
461
462
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George Smith Zone Map Amendment Project Narrative
A. Is the new zoning designation in accordance with the growth policy? How?
Yes. According to the Bozeman Community Plan (June 1, 2009) on Figure 3-1-
Future Land Use Map, the subject property is designated “Residential”. It currently
is in an island of county land surrounded by annexed, City of Bozeman land. It aligns
with the growth policy to have this parcel annexed. Section C.5 of the Bozeman
Community Plan states, “There are some smaller already developed county parcels
which are surrounded by or adjacent to the City. Inclusion of these parcels within the
City is an established City policy.”
B. Will the new zoning secure safety from fire and other dangers? How?
Yes. The subject property is 3.2 miles (9 minute drive) from the fire station. It is much
closer than the Cattail Creek and the Baxter Meadows West Subdivisions that also
receive services from the City of Bozeman Fire Department.
C. Will the new zoning promote public health, public safety and general welfare? How?
The new zoning will allow the property to tie into the existing water and sewer mains
in Thomas Drive/N. 27th Avenue. This is a better long term solution for the property
owner considering the need for a new septic system.
D. Will the new zoning facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements? How?
Yes. Thomas Drive is paved from E. Baxter Lane to the intersection with Sartain
Street. As the road continues north beyond the intersection with Sartain Street it
becomes a graveled surface as it passes by the subject property. The immediate plan
is to leave the property as-is with all existing buildings, so it will not have an impact
on traffic currently. If in the future it is decided to develop the parcel within the
standards of R-4 zoning, the Site Plan Review process may require improvements to
existing transportation systems in the vicinity. As previously discussed, the subject
property is adjacent to the Thomas Drive right-of-way, which has a water and sewer
main. The subject property is in the Emily Dickinson Elementary School District and
the Chief Joseph Middle School District. The subject property lies within 500 feet of
the Park dedicated for Baxter Square Subdivision.
E. Will the new zoning provide reasonable provision of adequate light and air? How?
The proposed zoning will allow development at a similar density to the adjacent
parcels. This will ensure adequate light and air for the current residents.
F. Will the new zoning have an effect on motorized and non-motorized transportation
systems? How?
No. The annexation of this property is primarily to allow for the connection to the
City’s water and sewer mains. It will remain with the 8 estimated inhabitants and will
not affect traffic in the area. As previously stated in item D, if in the future the owner
decides to develop the property, then the Site Plan Review process may require
improvements to existing transportation systems in the vicinity.
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G. Does the new zoning promote compatible urban growth? How?
Yes. The subject property is currently in a small island of county land surrounded by
city land. It is only of matter of time and money before all these remaining three
parcels are annexed into the City. The annexation of this property is compatible with
urban growth of Bozeman.
H. Does the new zoning promote the character of the district? How?
Yes. The new zoning aligns with existing zoning in the area. The site is bordered to
the west by Baxter Square Subdivision, which is zoned R-3. The property adjoining to
the north is zoned R-4 and the property three parcels to the south is also R-4. By
zoning this parcel R-4, the character of this district is maintained.
I. Does the new zoning address the affected area’s peculiar suitability for particular
uses? How?
Yes. The R-4 zoning of this property is suitable for its future potential use as a high
density development and its current use as a single household with 8 people.
J. Was the new zoning adopted with a view to conserving the values of buildings?
How?
Yes. The owner’s immediate plan is to maintain the site as-is; leaving the existing
structures and tenants on site.
K. Does the new zoning encourage the most appropriate use of land throughout the
jurisdictional area?
Yes. The new zoning matches well with the existing zoning in the area. It is assumed
that the existing zoning of adjoining parcels was thought out in accordance with the
growth policy and is the most appropriate use of the land in this area.
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