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HomeMy WebLinkAbout22125 Walker Sub Annex-ZMA CC SR 12-20-2022Page 1 of 32 22125 Staff Report for the Walker Subdivision Annexation and Zone Map Amendment Public Hearing: Community Development Board meeting is on October 17, 2022 City Commission meeting is on November 15, 2022 Project Description: Annexation application 22125 requesting annexation of 2.05 acres plus the adjacent right-of-way and zone map amendment of the City Zoning Map for the establishment of a zoning designation of R-3 (Residential Medium Density District). Project Location: On the north side of Campbell Road more particularly described as Lot 5, Block 1, Walker Subdivision, situated in the Northeast One-Quarter (NE ¼) and Southeast One-Quarter (SE ¼) of Section 26, and Southwest One-Quarter (SW ¼) of Section 25, Township One South (T1S), Range Five East (R5E) of P.M.M., Gallatin County, Montana. The annexation and zone map amendment would also apply to the streets adjacent to the property. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Community Development Board 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 22125 and move to recommend approval of the Walker Subdivision Annexation Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission 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 22125 and move to approve the Walker Subdivision Annexation, with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22125 and move to approve the Walker Subdivision Zone Map subject to contingencies required to complete the application processing. Report: October 12, 2022 Staff Contact: Tom Rogers, Senior Planner Griffin Nielsen, Engineer Agenda Item Type: Action – Legislative Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 2 of 32 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Zoning Commission as well as the annexation and the zoning amendment for the City Commission. Application materials available at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=261883 Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owners seek to annex one parcel totaling approximately 2.05 acres into the City limits and establish initial zoning of R-3 (Residential Medium Density District). The property is currently zoned RX-MD (Residential Existing Medium Density) within the Gallatin County Bozeman Area Zoning District. It is interesting to note the County zoning designation allows only one single-household structure per lot. The property is wholly surrounded by un-annexed property. However, municipal zoning is in close proximity ad includes a variety of commercial designations to the south near the intersection of Frontage Road and Springhill Road, R-1 (Residential Low Density District) to the east, and R-3 to the west. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the R-3 district as an implementing zoning district. Campbell Road is a dedicated right-of-way for public use although is not constructed to a minimum standard and therefore, is maintained by the property owners association. There are no sidewalks adjacent to the property. The proposed annexation would bring in additional right of way. There is an existing 8 inch sanitary sewer pipe adjacent to the property to the south in Campbell Road. A 12 inch water main is installed in adjacent to the property under Campbell Road that was constructed to address issues related to the solvent site contamination. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 3 of 32 No public comment has been received as of the date of production of this report. November 15, 2022 Meeting Summary Comr. Coburn moved to add a term of an annexation to state that, “The City of Bozeman may install a shared use path in front or adjacent to the property in an appropriate location.” Motion seconded and passed (5:0). Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on October 17, 2022. After considering the staff report, applicant submittal and presentation the Board voted (8:0) to recommend approval of the requested zoning designation. A record of the public meeting video can be viewed at the following link: https://bozeman.granicus.com/player/clip/1891?view_id=1&redirect=true&h=1892ee7636fd 155514d07bbe3a448bf3 Community Development (Zoning Commission) Alternatives 1. Approve the application with contingencies as presented; 2. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 3. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 4 of 32 City Commission Alternatives 1. Approve the application with suggested terms of annexation and contingencies necessary for processing; 2. Approve the application with modifications to the recommended zoning; 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 on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 5 of 32 TABLE OF CONTENTS EXECUTIVE SUMMARY.......................................................................................................2 Unresolved Issues................................................................................................................2 Project Summary .................................................................................................................2 Community Development (Zoning Commission) Alternatives...........................................3 City Commission Alternatives.............................................................................................3 SECTION 1 - MAP SERIES:....................................................................................................5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION.............................................8 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ...10 SECTION 4 – ADVISORY COMMENTS.............................................................................11 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS.......................................12 Annexation.........................................................................................................................12 Zone Map Amendment......................................................................................................12 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS.................................13 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS............19 Spot Zoning Criteria..........................................................................................................27 PROTEST NOTICE FOR ZONING AMENDMENTS..........................................................28 APPENDIX A - NOTICING AND PUBLIC COMMENT.....................................................29 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING....................29 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF.............................31 FISCAL EFFECTS..................................................................................................................31 ATTACHMENTS....................................................................................................................31 Page 6 of 32 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map Baxter Lane Water Reclamation Facility Billings Clinic Subject Property Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 7 of 32 Map 2: BCP 2020 Future Land Use Map Subject Property Urban NeighborhoodRegional Commercial Mixed Use Community Commercial Mixed Use Public InstitutionsResidential Mixed Use Urban Neighborhood Public Institutions Maker Space Mixed Use Parks & Open Lands Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 8 of 32 Map 3: Existing City Zoning Subject Property Page 9 of 32 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. The documents and exhibits to formally annex the subject property must be identified as the “Walker Subdivision Annexation”. 2. An Annexation Map, titled “Walker Subdivision Annexation” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be acceptable to the Director of Public Works and City Engineers Office, and must be submitted with the signed Annexation Agreement. 3. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 4. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 5. The Annexation Agreement must include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. e. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 10 of 32 infrastructure master plans and all City policies that may be in effect at the time of development. f. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. g. The Annexation Agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. h. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. i. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 6. City of Bozeman Resolution 5076, Policy 1 - If they do not already exist, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Street improvements to Campbell Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements to Campbell Road and Springhill Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. Alternate Financing Term. The document filed must 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 the 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. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. d. SID waiver template term. The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant 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. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder prior to annexation. 7. The applicant must provide a copy of the filed SID waiver prior to the adoption of Resolution of Annexation. A draft SID waiver with required streets and intersections is included in the city documents folder. Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 11 of 32 8. City of Bozeman Resolution 5076, Policy 1 The property owner must provide a 10 foot utility easement along the property frontage directly abutting the Campbell Road for the extension of dry utility to and through the property prior to the adoption of Resolution of Annexation. 9. The applicant must contact Brian Heaston with the City’s Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. 10. The land owners and their successors must 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. 11. The subject property is located within the Solvent Site Payback District for water improvements. The subject property’s proportionate share of the payback is $7,293.86 (2.042 acres at a rate $0.082/Square Feet). The applicant is advised that the payback must be paid prior to the adoption of the Resolution of Annexation. 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. The applicant must submit a zone amendment map, titled “Walker Subdivision Zone Map Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 2. That all documents and exhibits necessary to establish the amended municipal zoning designation of R-3 (Residential Medium Density District) shall be identified as the Walker Subdivision Zone Map Amendment. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. 4. All required materials shall be provided to the Department of Community Development within 60 days of a favorable action of the City Commission or any approval shall be null and void. Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 12 of 32 SECTION 4 – ADVISORY COMMENTS 1. Portions of the subject property are located within the FEMA-regulated floodplain. Upon annexations, the property will also be subject to the City's floodplain regulations. A floodplain permit will be required for future development on the property unless specifically included in BMC38.600.240. a. A City floodplain permit must be obtained prior to building permit approval for the proposed structure shown in Concept Application No. 21-451, as part of the floodplain permit review the owner/owners representative must demonstrate that all applicable permits have been obtained, per BMC 38.600.180.A.2. b. As presented prior to the approval of a City floodplain permit the owner must provide an approved Conditional Letter of Map Revision based on Fill (CLOMR-F) for the proposed fill within the regulated Special Flood Hazard Area (SFHA). Per BMC38.600.260.C.2 the owner must first submit the CLOMR-F application to the City’s floodplain administrator and the DNRC for review and receive written support from both. Upon completion and prior to occupancy of the structure an elevation certificate must be provided to the City’s floodplain administrator along with the approved Final Letter of Map Revision based on Fill (LOMR-F). c. The proposed residential structures lowest flood elevation must be elevated 2 feet above the base flood elevation, the Montana Code Annotated (MCA) 76-5-402.2.b 2. Per BMC 38.400.80.A. City standard sidewalks must be constructed along all public or private streets. Sidewalk will need to be installed with the construction of the proposed project presented in Concept Application No. 21-451. 3. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal High Groundwater - The subject project is located in an area that is known to have seasonally high groundwater. The applicant must confirm seasonal high groundwater elevations, and seasonal high groundwater data must be measured and submitted with any future development application on the parcel. Due to the seasonal nature of SHGWL measurements, the applicant is advised to begin groundwater measurements in the winter and continue measuring through July. Measurements must be at sufficient intervals to define the SHGWL across the site. Industry guidance recommends a three-foot minimum separation from the bottom of a stormwater facility to the underlying groundwater table. The applicant is advised that future development may be subject to limitations or restrictions based on seasonal high groundwater elevations. 4. DESIGN Specifications & Standards Policy (DSSP) Section (V) (B) Sanitary Sewer System Design Criteria Upon future development, the applicant must provide an estimate of the peak-hour sanitary sewer demands, certified by a professional engineer, for any proposed project. The City will analyze and determine if sewer capacity is available to accommodate the project. The applicant is advised that the adjacent sanitary sewer main Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 13 of 32 discharges into the Walker lift station. If the lift station was not designed to receive flow from the property or if the proposed demand exceeds assumed demand then upgrades to the lift station may be required. If upgrades are required future development application approvals may be held until the upgrades are completed in accordance with BMC 38.270.030. 5. Future development on the property must comply with this City’s Water Adequacy code requirement, per BMC 38.410.130. The applicant should contact the City’s Engineering Department (Griffin Nielsen) with questions on this requirement or to obtain an analysis of cash-in-lieu of water rights CILWR). The CILWR fee must be paid prior to building permit approval. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) recommends approval of the requested annexation. The City Commission will hold a public meeting on the annexation on November 15, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Annexation and Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 22125. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this ZMA on October 17, 2022 and will forward a recommendation to the City Commission on the Zone Map amendment. The City Commission will hold a public meeting on the zone map amendment on November 15, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 14 of 32 Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Annexation and Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion not met. The property in question is not contiguous to the City limits. However, the property is within the solvent site area and the City constructed infrastructure to serve properties in this area when they chose to annex into the City and created a payback district to accommodate this, see Term of Annexation No. 11. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion not met. The subject property is not totally surrounded by City limits. There are other annexed property in the immediate vicinity that are not wholly surrounded. As noted in Goal 1 above, the City has invested in infrastructure to accommodate annexation when appropriate. Please refer to Section 1: Map Series. Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Neutral. The subject property is not currently contracting for services. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion Met. The subject property lies within the planned service area of the municipal water and sewer services. Any proposed structures will be required to connect and utilize municipal water or sewer systems. Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 15 of 32 Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban Neighborhood’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion Met. The proposed annexation fills another gap in a checkerboard of City/County properties. The original Walker Subdivision and Planned Unit Development was reviewed and approved when the Bozeman City/County Planning Board was in place and anticipated being a part of the City of Bozeman and at urban planed densities, with a 1992 urban perspective. The property is adjacent to municipal water and sewer services which were installed many years ago. The site is also within the Bozeman Solvent Site plume and development requires connection to municipal services which requires annexation. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Criterion Met. The subject property will provide the necessary right of way and utility easements for Campbell Road. Campbell Road was created with a full 60 foot right-of-way with the original subdivision. The roadway was not constructed to a City standard and is maintained by the property owners association. No addition internal street network is required to serve the property at this time. Further development may necessitate improvements to Campbell Road. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion not met. The subject property is 2.05 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which require evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 16 of 32 provide notice of this requirement, see Terms of Annexation 9. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. There is an existing 8 inch sanitary sewer and a 12 inch water supply pipe in a utility easement to the east of the property. Any future development will be required to connect to the City systems. Per Term of Annexation 5, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. As discussed in Section 5 Goal 7, right of way is being included for Campbell Road. The Recommended Terms of Annexation include requirements for these right of way provisions. See Terms of Annexation 2. Any additional easements and rights of way will be provided within the property with future development of the property as required by municipal standards, although unlikely due to the size, constraints, and configuration of the property. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for “Urban Neighborhood”. No change to the growth policy is required. The application includes a request for initial zoning of R-3. See the zone map amendment section of this report for analysis of the zone map amendment criteria. Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 17 of 32 Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The Community Development Board (CDB) acting in their capacity as the City Zoning Commission will be reviewing the requested zoning district designation on October 17, 2022. The CDB’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on November 15, 2022. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of R-3, Residential Medium Density District. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the 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 unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed by Campbell Road which is considered a “local street” and paved to the edge of the subject property. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 18 of 32 Commission. Term of Annexation No. 9 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. There is an existing 8 inch sanitary sewer pipe adjacent to the property on the east. A 12 inch water main is installed in adjacent to the property on the south. The property is located adjacent to existing urban development that is currently served by Bozeman Fire. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Criterion Met. The property is not currently provided City services. No emergency connection is requested. City services will be required to be provided concurrent with future development. Terms of Annexation 5 address connection to services. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion Met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation 2. The map must include adjacent right of way. Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 19 of 32 Policy 12: The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Neutral. The annexation does not require immediate payment of fees for future development. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as set forth under this policy. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. An annexation agreement has been prepared and will be provided to the landowner. This policy will be implemented only if the Commission acts to grant approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 20 of 32 from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. The property is vacant. Any structure requiring municipal services is required to connect to City services. SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). 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. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 21 of 32 use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the R-3 district is an implementing district of the Urban Neighborhood. The applicant is requesting R-3 for the property, which is classified as a residential use zoning designation pursuant to section 38.300.110, BMC. The intent and purpose of the R-3 residential medium density district is to provide for the development of one- to five- household residential structures near service facilities within the city. This purpose is accomplished by, (1) providing for minimum lot sizes in developed areas consistent with the Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 22 of 32 established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. And (2) providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. These purposes are accomplished by a variety of objectives as detailed in Appendix B in this report. Tables 38.310.040.A, B, & C list permitted uses in the R-3 district. All types of residential structures are allowed from accessory dwelling units through limited apartment buildings, and a very little of commercial uses such as retail, medical, offices, restaurants, and convenience uses are permitted. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. This mix of development at densities appropriate for a growing urban area is therefore grounded on tenets of the Community Plan. Moreover, the R-3 zoning proposed through this application fosters flexibility to address both current market trends and long term land use goals for the subject property. The Community Plan includes several goals and objectives that are broadly served through this application, including: Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested R-3 zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 23 of 32 The proposed zoning is consistent with the future land use map and is within the current facilities plans. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is an area served by City water and sewer, numerous properties have been annexed and near the commercial corner of Frontage and Springhill Roads. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. Refer to previous response (RC – 3.3 response) Therefore, based on the broad discretion the governing body when considering an appropriate zoning designation, no substantive conflicts with the Growth Policy have been identified and based on the aforementioned analysis, the proposed R-3 zoning districts are promotive of the BCP 2020. B. Secure safety from fire and other dangers. Criterion Met. There is an existing home and related out buildings, however future development will be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is near critical wetlands, habitat, and floodplains. As noted in the advisory comments the Applicant is advised of future development constraints. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map in the BCP 2020. Public health and safety will be positively affected by requiring new development to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 24 of 32 with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Water and sewer mains are adjacent to the site. Campbell Road is adjacent to the site and provides a publicly accessible street access. See also comments under Criterion C. E. Reasonable provision of adequate light and air. Criterion met. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The R-3 district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 25 of 32 In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion Met. The site is on the edge of the City in an area with a semi-rural development pattern due to a planned unit development approved in the 1990s. The area has street access but limited pedestrian facilities. The proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. As a result, under the proposed zoning, when a development is proposed, they will be responsible for their frontage improvements which will include improvements along Campbell Road and other transportation systems found to be inadequate to serve the additional development. The property is not addressed at this time. The property has a Walk Score of 8, Transit score of 12, and bike score of 37. Average walk score for the city as a whole is 47 out of 100. According to Walk Score® the walk score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion Met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 26 of 32 vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). Criterion Met. The intent and purpose of the R-3 is to, “provide for the development of one- to five-household residential structures near service facilities within the city by providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas, providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non- residential uses, and use of this zone is appropriate for areas with good access to parks, community services and/or transit.” Although this a single parcel that will likely host a single detached house, the R-3 district more fully support the goals and polices of the BCP 2020 than a lesser robust zoning district. H. Character of the district. Yes. The proposed R-3 zoning promotes the character of the district as the intent of the Residential Medium Density district is to “…provide for the development of one- to five- household residential structures near service facilities within the city by providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas, providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non- residential uses, and use of this zone is appropriate for areas with good access to parks, community services and/or transit.” Surrounding properties are low-density single-household residential. Adjacent properties in the City are zoned R-1 to the east and R-3 to the west, and commercial activity and zoning to the south. The proposed R-3 zoning designation is consistent with the character of the neighborhood as well as existing development on the property. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 27 of 32 “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in this new area of the R-3 district to be compatible with adjacent development and uphold the character of the area. There is an existing area of R-3 zoned property nearby to the west. The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in R-3 to be compatible with adjacent development and uphold the residential character of the area. As noticed in the growth policy under discussion of this criterion a local street is considered an adequate separation between different uses and districts to minimize impacts, see page 77 of the Bozeman Community Plan 2020. Therefore, the change in zoning does not appear to conflict with the character of the area. I. Peculiar suitability for particular uses. Criterion Met. The property is located adjacent to residential and commercial uses which are supportive of the R-3 district and similar to adjacent uses. The proposed R-3 zoning designation is suitable for the current use of the property. The applicant supported this statement in their zone map amendment narrative. J. Conserving the value of buildings. Criterion met. There is no known data that suggests intensification adjacent to inholding properties diminished the value of adjacent property or buildings, however a perception of decreased value is often referenced. In fact, based on available evidence it appears that annexation and further intensification will increase the value of property and buildings adjacent to those properties that are annexed. Additional demand for goods and services, connecting and completing the transportation network, and through the minimum standards of the R-3 district nine implantation strategies will generate additional synergies in the community that will likely bolster building values. Any future development on the property will be subject to standards in the R-3 zoning district which will ensure the conservation of adjacent building values including but not limited to standards set forth in the Unified Development Code for fire safety, setbacks, buffers and Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 28 of 32 building heights, which will help alleviate any potential negative impacts to the values of adjacent buildings as a result of future development on the subject property. Therefore, this criterion is met. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed R-3 zoning designation will encourage the most appropriate use of land as the property is adjacent to both residential and commercial uses. There is access to the city’s services, including streets, thus is able to support a higher intensity of uses as allowed within the R-3 zoning district. Furthermore, the proposed R-3 zoning designation is consistent with the BCP 2020 future land use map designation of “Urban Residential”. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. The R-3 designation already exists in the area, and properties are developed in accordance with the R-3 district. Because this is simply a small expansion of less dense residential district that is not substantially different in terms of allowed land uses in the existing county zoning (both allow single-detached housing), the land uses allowed on the subject property are not significantly different than those that currently prevail in the area. Therefore, staff finds that this criterion is not met. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? No. In order to determine whether or not this condition is present both this question and the following point must be evaluated together. Although there is a single property in this case, it is the greater community that will benefit from the zone change. The R-3 zoning designation is an implementing district to the Urban Neighborhood land use designation and promotes a variety of housing types, ensures connection to city service4s, and must adhere to the city’s development standards for environmental protection. Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 29 of 32 The amendment is consistent with and supports the City’s adopted growth policy, thus is assumed to be a benefit to the greater community even though the number of immediate landowners are small. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While the applicants will directly benefit from the proposed zone map amendment, the amendment is not at the expense of surrounding landowners or the general public. As discussed previously, no substantial negative impacts are identified due to this amendment and taken as a whole, the immediate neighborhood will benefit as well as the greater community by providing city services more efficiently. The proposed R-3 zoning designation will allow for uses conducive to the Urban Neighborhood land use designation. Further, as discussed in Criterion A, the application is consistent both the City’s and the County’s growth policy. The growth policy is the overall land use policy for the community. Consistency with the growth policy demonstrates benefit to the general public. As discussed under Criterion D, the City’s development standards will require the applicant to provide the needed infrastructure to support any proposed development prior to construction. Concurrency and adequacy of infrastructure remove most potential injury to others. As discussed in Criterion H, the application is similar and consistent with the existing and developing character of the area. Therefore, the amendment does not benefit the landowner at the expense of others. Development of the site in any manner may create additional demand for services and change the character of the site. A change to a residential district does not inherently injure the surrounding landowners. 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. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 30 of 32 contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on September 28 and October 2, 2022. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on October 11, 2022 no comment has been received on this application. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-3, Residential Medium Density District. Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 31 of 32 The intent and purpose of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by, (1) providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. And (2) providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 32 of 32 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: William Thompson, m414 S. 9th Avenue, Bozeman, MT 59715 Applicant: Synergy Engineering and Konsulting, 3731 Equestrian Lane, #102, Bozeman, MT 59715 Representative: Synergy Engineering and Konsulting, 3731 Equestrian Lane, #102, Bozeman, MT 59715 Report By: Tom Rogers, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record was electronically submitted and can be viewed at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=261883 Digital access is also available at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.