Loading...
HomeMy WebLinkAbout22247 Staff ReportPage 1 of 29 22247 Staff Report for the 1603 Bridger Drive Annexation & ZMA Public Hearings: Community Development Board acting in their capacity as the Zoning Commission (map amendment only) January 23, 2023. City Commission (Annexation and map amendment) February 14, 2023 Project Description: Annexation of 0.7417 acres and amendment of the City Zoning Map for the establishment of a zoning designation of R-2. Project Location: 1603 Bridger Drive and more accurately described as Lots 19-20, Mount Baldy Subdivision, Located in the Southeast Quarter of Section 32, Township One South (T1S), Range Six East (R6E), P.M.M., Gallatin County, MT. The annexation and zone map amendment would also apply to the streets adjacent to the property. Recommendation: Meets standards for approval with contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff re- port, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22247 and move to rec- ommend approval of the 1603 Bridger Drive Zone Map Amendment, with contingen- cies required to complete the application processing. Recommended Annexation Motion: Having reviewed and considered the staff report, ap- plication materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22247 and move to approve the 1603 Bridger Drive Annexation with recommended terms of annexation, and di- rect staff to prepare an annexation agreement for signature by the parties. City Commission Recommended Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22247 and move to approve the 1603 Bridger Drive Zone Map Amendment, with contingencies required to complete the application pro- cessing. Report: January 18, 2023 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action – Legislative Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 2 of 29 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report only addresses the zoning amendment as the Community Development Board acting in their capacity as the Zoning Commission only considers the zone map amendment. A revised report addressing both the annexation and the zoning amendment will be made avail- able prior to the City Commission hearing on the application. Application materials are avail- able at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264155 Unresolved Issues There are no identified conflicts between the City and Applicant regarding the zoning at this time. Project Summary The applicants and property owners, Per Hjalmarsson and Liam Durkin, seek to annex one parcel totaling roughly 0.7417 acres into the City limits and establish initial zoning of R-2, Residential Moderate Density. The property is currently zoned “Residential Suburban” within the county. Nearby municipal zoning includes Residential Single-Household Low Density (R- 1) to the north and Residential Suburban (R-S) to the south. Land to the east and west is unincorporated and zoned “Residential Suburban” within the county. The future land use map in the Bozeman Community Plan 2020 designates the property as “Urban Neighborhood” which the R-2 district serves to implement. The adjacent road rights-of-way was annexed with previous annexations. There is an existing home with an attached garage, and a small shed located behind the home on the east side of the parcel. The following public adopted planning documents support urban development for the subject area if development is proposed on the site:  Bozeman Community Plan 2020  Gallatin County growth policy  Gallatin County/Bozeman Area Plan – County neighborhood plan  Transportation Master Plan 2017 – City transportation plan  Greater Bozeman Area Transportation Master Plan 2007 – Gallatin County Transpor- tation Plan  Water Facility Plan 2017 – City’s plan for water system operations and expansion  Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and ex- pansion Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 3 of 29 Community Development Board - Zoning Commission The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on January 23, 2023 before making a recommendation on the proposed zoning. Alternatives 1. Approve the application with the recommended contingencies and requested zoning; 2. Approve the application with modifications to the recommended contingencies or zoning; 3. Deny the application based on the Commission’s findings of non-compliance with the ap- plicable 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 22247; 1603 Bridger Drive Zone Map Amendment Page 4 of 29 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Community Development Board - Zoning Commission .................................................... 3 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 5 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 9 SECTION 4 – ADVISORY COMMENTS .............................................................................. 9 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 Annexation ........................................................................................................................ 10 Zone Map Amendment ..................................................................................................... 10 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 10 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 17 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 27 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 27 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 28 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 28 FISCAL EFFECTS ................................................................................................................. 29 ATTACHMENTS ................................................................................................................... 29 Page 5 of 29 SECTION 1 - MAP SERIES Project Vicinity Map Project Vicinity Map Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 6 of 29 Project Vicinity Map Showing the Bozeman Community Plan 2020 Future Land Use Map – Subject property is designated as Urban Neighborhood Project Vicinity Map Showing Near Vicinity Municipal Zoning Urban Neighborhood Community Commercial Mixed-Use Parks and Open Lands R-2 R-1 R-S Not annexed Not annexed Residential Mixed-Use Urban Neighborhood R-3 R-4 R-3 R-3 B-2M REMU R-5 Parks and Open Lands R-S REMU B-2 Page 7 of 29 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT 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 ser- vices. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “1603 Bridger Drive Annexation”. 2. An Annexation Map, titled “1603 Bridger Drive Annexation Map” 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 Engineer’s Office. This map must be acceptable to the Director of Public Works and City Engineer’s Office, and must be submitted with the signed Annexation Agreement. 3. 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. 4. 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. 5. City of Bozeman Resolution 5076, Policy 1 – Bridger Drive is classified as a Principal Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right- of-way ROW width of (110) feet. Currently, only ninety (90 feet) of ROW exists along the property frontage. An additional 15 feet of ROW must be provided along the prop- erty frontage prior to the adoption of Resolution of Annexation. The ROW must be exe- cuted using the City’s standard language. The applicant should contact the City Engi- neering Department to receive a copy the standard language. 6. If one does not already exist, a ten foot private utility easement must be provided along the property’s Bridger Drive frontage as well as along the future local street located at the back of the property prior to the adoption of Resolution of Annexation. The executed easement must be delivered to the City Engineering Department. The easement must be executed on the City’s standard easement form. A copy of the standard easement form may be obtained from the City Engineering Department. 7. Thirty feet (30 feet) of right-of-way (ROW) must be provided along the rear of the property prior to the adoption of Resolution of Annexation to allow the future connection Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 8 of 29 of a local street. The right-of-way must be executed using the City’s standard language. The applicant should contact the City Engineering Department to receive a copy the standard language. 8. 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 (SID’s) for the following: a. Street improvements to Bridger Drive from Story Mill to Boylan Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. a. Intersection improvements to Bridger Drive and Story Mill including lighting, sig- nalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements to Bridger Drive and Boylan Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 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 the adoption of Resolution of Annexation. 9. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to pro- vide full municipal services to the property in accordance with city policy at the time of connection. 10. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandon- ment to the City Water and Sewer Superintendent for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 11. The applicant must completely disconnect the on-site well from the house prior to connec- tion to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnec- tion prior to connection of water service from the house to the City water system. Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 9 of 29 12. The applicant must contact Griffin Nielsen with the City 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 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 Ordinance for the Zone Map Amendment must 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 is null and void. 2. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “1603 Bridger Drive Zone Map Amendment”. 3. The applicant must submit a zone amendment map, titled “1603 Bridger Drive Zone Map Amendment”, as PDF 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. The map must contain a metes and bounds legal description of the perimeter of the subject properties, zoning district, and total acreage of the property. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant pro- vides an editable metes and bounds legal description prepared by a licensed Montana sur- veyor. SECTION 4 – ADVISORY COMMENTS 1. The significant distance between the existing home and the available sewer mains and available elevation drop may require a private pump system to be installed. The City does not maintain or operate private pump systems, the owner of the property will be responsible for any system. 2. Future Impact Fees - Please note that future building permit applications will require pay- ment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please con- tact the Department of Community Development and/or visit www.bozeman.net. Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 10 of 29 3. Upon future development of the parcel, the transfer of water rights or the payment of cash- in-lieu (CIL) of water rights must be provided per Bozeman Municipal Code 38.410.130. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Annexation The Development Review Committee (DRC) considered the annexation. The DRC did not make a formal recommendation and did not express concerns with annexation of the property. The City Commission will hold a public meeting on the annexation on February 14, 2023. The meeting will begin at 6 p.m. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff finds the ap- plication meets criteria for approval as submitted. The 1603 Bridger Drive Zone Map Amend- ment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 22247. 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 Zone Map Amendment application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this ZMA on January 23, 2023 and will forward a recommendation to the Commission on the Zone Map amendment. The City Commission will hold a public hearing on the zone map amendment on February 14, 2023. The meeting will begin at 6 p.m. 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 In evaluating compliance with the following Goals and Policies, Staff considers the application materials, Terms of Annexation, and adopted standards of the City to determine whether the Goal or Policy can be met. Commission Resolution No. 5076 Goals Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 11 of 29 Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. The property in question is contiguous to the City limits. The property is bounded on the north and south sides by City limits and County zoned property to the east and west. How- ever, the property is a part of a number of properties which are wholly surrounded inholding. Goal 2: The City encourages all areas that are totally surrounded by the City to an- nex. The subject property is not wholly surrounded. 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. The subject property is not currently contracting for services. Goal 4: The City of Bozeman requires annexation of all land proposed for develop- ment 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 devel- opment that proposes to utilize municipal water or sewer systems. The subject property lies within the planned service area of the municipal water and sewer services. Existing sewer and systems are installed. As noted above, the area in question is an inholding with nearby properties currently being served by full City services included emer- gency services, and streets. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. 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 be- tween annexed areas or islands of annexed or unannexed land. The subject property is within a number of inholdings wholly surrounded by City Limits. Three nearby properties within the same subdivision were annexed into the City property owner’s request; one in 2018 at the see application 18143, another in 2021 see application 21123, and a third in currently finalizing the annexation process, see application 21147. The annexation of the subject property would further this goal. Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 12 of 29 Goal 7: The City of Bozeman encourages annexations which will enhance the exist- ing traffic circulation system or provide for circulation systems that do not exist at the present time. The subject property will provide additional right of way for Bridger Drive and the unnamed road to the north, see Term of Annexation 5 and 7. No addition internal street network is re- quired to serve the property. 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 limita- tions, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. The subject property is 0.74 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. 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 ad- dress the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Term of Annexation 12. 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. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. The applicant proposes zoning for future development of homes. There is an existing home on the property which uses an onsite well and septic system. The annexation terms include requirements for future abandonment of the septic system and connection to the municipal sewer system. Any new construction must connect with initial construction to the municipal system. Terms of Annexation 9 - 11 address the termination of the existing on-site septic system. Exact timing will depend on the sequencing of future development. The City’s water and sewer sys- tems are adjacent to the property. Per Term of Annexation 9, the Annexation Agreement re- quired 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 min- imum 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. Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 13 of 29 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 crea- tion of special or improvement districts necessary to provide the essential services for future development of the City. The recommended Terms of Annexation include requirements for provision of right of way for Bridger Drive, an arterial street, and the unnamed street to the north. See Terms of Annex- ation 5 and 7. Dedicated Streets or public street and utility easements provide locations for municipal water and sewer mains. Waivers of right to protest special improvement districts are included in Term of Annexation 8 for streets affected by the future development of the prop- erty. Any additional easements and rights of way will be provided within the property with future development of the property as required by municipal standards. Exact locations will be deter- mined by further technical analysis and site design. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. 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-2. See the zone map amend- ment section of this report for analysis of the zone map amendment criteria. 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. 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 deter- mined 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 property proposed for annexation requests a zoning designation of R-2. See the zone map amendment section of this report for review of the zoning criteria. The Zoning Commission will hold a public hearing on January 23, 2023 and forward a recommendation to the City Commission. Note: The annexation and the placement of a zoning district designation on the property by the City does not guarantee available services or approval of a specific development. Section Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 14 of 29 38.300.020.C of the Unified Development Code states: “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review pro- cedure 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: The applicant must indicate their preferred zoning classification as part of the annexation petition. The applicant has requested R-2, the Residential Moderate Density District. See Section 7 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Applicant has paid required application fees. Policy 7: It is the policy of the City that annexations will not be approved where un- paved 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. Yes. The property proposed for annexation is accessed from Bridger Drive to the south, a prin- cipal arterial, which is 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 ac- cordance with Section 38.410.130 of the municipal code, as amended. Yes. 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 Commission. This will be addressed with the annexation agreement. 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 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 15 of 29 provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Yes. City infrastructure and emergency services are available to the subject property. An eight- inch water main is located in the alley north of the property – approximately 250 feet from the existing structure. An eight-inch sewer main is also located in the alley north of the property. The property is located adjacent to residential development that is currently served by Bo- zeman Fire. Recommended Term of Annexation #9 includes the provision that the applicant will be respon- sible for installing facilities required to provide full municipal services to the property in ac- cordance with city policy at the time of connection. 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 addi- tion, 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 pe- tition 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 ser- vices. Connection for purposes of obtaining City sewer services in an emergency re- quires, when feasible as determined by the City, the connection to City water services. 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 9 - 12 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 en- tirely 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 Recom- mended Term of Annexation 2. The map must include adjacent right of way. Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 16 of 29 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. This annexation does not require immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times as required in ordinance. See Term of Annexation #4. Policy 13: Public notice requirements: Notice for annexation of property must be coor- dinated with the required notice for the zone map amendment required with all annex- ation. 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, 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 spe- cifically identified by the City Commission. This policy will be implemented only if the Commission acts to grant preliminary 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. 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 dis- trict will be used to benefit the district after transfer to the City. Inclusion within a dis- trict does not lessen the obligation to participate in general city programs that address the same subject. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire Dis- trict providing service to the area of applications for annexation. The necessary agencies were notified and provided copies of the propose annexation. Policy 18: The City will require connection to and use of all City services upon develop- ment 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 sani- tary 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 from Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 17 of 29 structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. There is a residential structures on the property which has on-site well and septic system and will be required to severe thee use of the on-sight systems and connect to City water and sewer service. A term of annexation requires connection to municipal water and sewer implements this policy. In conjunction with future connection the septic system must be properly aban- doned and the well disconnected from the domestic supply. Terms of Annexation 8-10 address these issues. SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FIND- INGS In considering applications for approval under this title, the advisory boards and City Com- mission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has discretion to determine a policy direction. The burden of proof that the application should be approved lies with the Applicant. See the application materials for the Applicant’s response to the criteria 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 regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are prin- cipally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The 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. Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 18 of 29 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 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 pos- sible without understanding the category descriptions.” The area of this application is wholly surrounded by urbanized area and is within the antici- pated 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 Neighbor- hood 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 in- stances, 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 com- merce provide activity centers for community gathering and services. The Urban Neigh- borhood 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, proxim- ity 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, the R-2 district is an implementing district of the Urban Neigh- borhood category. Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 19 of 29 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 de- veloped 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 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 20 of 29 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. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning doc- uments will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future develop- ment will be required to occur at urban densities and will be within the City. The property is surrounded by the existing City limits and with access to municipal services will have substan- tial potential to increase intensity of use of the property. If the City Commission declines the annexation then the requested R-2 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. The proposed zoning is consistent with the future land use map and is within the current facilities plans. Although infrastructure is currently installed near the subject property, the property does not have access as it is not yet annexed. This zoning action is a step in correcting this deficiency. Goal RC-3: Collaborate with Gallatin County regarding annexation and development pat- terns adjacent to the City to provide certainty for landowners and taxpayers. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The zone map amendment is proposed in association with an annexation. The area to be annexed, for all intent and purpose, wholly surrounded by the City one of a number of isolated inholding with the City service area and street network. The County Planning office was noti- fied of the proposed annexation and zoning change. No comments in opposition have been received. RC-3.4 Encourage annexation of land adjacent to the City prior to development and en- courage annexation of wholly surrounded areas. The property, for all intent and purpose, is wholly surrounded by the City. The property is seeking annexation and municipal zoning for the purpose of maintaining and possibly expand- ing the use and intensity of the site. The application is in accordance with the growth policy. Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 21 of 29 B. Secure safety from fire and other dangers. Criterion Met. The existing building is constructed of unknown quality, fire, and safety measures. Any renovations, expansions, or removal and replacement must meet the develop- ment standards of the City and, in some cases, might require retrofitting to ensure the building is safe for occupants and neighboring properties. The 2017 Fire and EMS Master Plan shows this property within the acceptable response reach of the Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain. Upon annexation the sub- ject property will be provided with City emergency services including police, fire and ambu- lance. The property is part of the Story Mill Fire District which does not have a fire district itself, but receives fire protection service from the City of Bozeman through a contract that has been in effect since 1979. The initial zoning of R-2 is not likely to adversely impact safety from fire and other dangers. 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 there will be no difficulty 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 implement- ing the future land use map in the Bozeman Community Plan. Public health and safety will be positively affected as the proposed annexation will allow the existing structure to connect to the City sewer system, thereby removing a septic system and lessening resulting groundwater discharge. As noted in criterion B, further development and redevelopment must be in accordance with modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the greater transportation network for users ensuring the promotion of public health, safety and general welfare. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. The BCP 2020, page 74, says regarding evaluation of Criteria B-D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address pub- lic safety, etc. It is often difficult to assess these issues in detail on a specific site. For example, at the time of annexation, the final intensity of development is un- known and it may be many years before development occurs and the impacts are Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 22 of 29 experienced. The availability of other planning and development review tools must be considered when deciding the degree of assurance needed to apply an initial zoning at annexation.” 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 construc- tion. Private development must demonstrate compliance with standards. The application site is located within the City’s land use, transportation, parks, and utility plan- ning areas and those plans show this property as developing within the City when further de- velopment is proposed. Adequacy of all these public requirements is evaluated during the sub- division and site development process. 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 in- tensities. 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 proce- dure and compliance with all of the applicable requirements and development stand- ards 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.” The development of public infrastructure improvements to serve the property will be required to conform to the City of Bozeman’s adopted standards which require properties to construct public infrastructure and/or pay impact fees, assessments, and taxes to support transportation, water, sewer, school, parks, and other public requirements. City water and sewer lines are located adjacent to the property to the north (approximately 250-feet from the existing struc- tures) and the terms of annexation require the applicant to connect to municipal services and install any facilities required to provide full municipal services to the property. The property is accessed from Bridger Drive (principal arterial) and the Bridger Creek trail is located across Bridger Drive. Park dedication is not required as there is an existing residence on the property. Any future development of the property will be evaluated for additional required improve- ments during the plan review process. Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 23 of 29 E. Reasonable provision of adequate light and air. Criterion Met. The R-2 zoning designation has requirements for setbacks, height, and lot cov- erage, which provide for the reasonable provision of adequate light and air. Any future devel- opment of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. 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. Neutral. The proposed R-2 zoning designation will have a neutral effect on the City’s motor- ized and non-motorized transportation systems as the property is occupied by an existing resi- dence. As a result, the impact to the motorized and non-motorized transportation systems is not anticipated to change. The terms of annexation require dedication of 30 feet of right-of- way along the rear (north) of the property to allow the future connection of a local street. In the event this local street is built, it would have a positive effect on the motorized and non- motorized transportation systems as it would increase street connectivity adjacent to the Leg- ends subdivision and result in the addition of a sidewalk. Further, the small size of the property and the lower-intensity zoning proposed will not create a measurable effect on transportation systems. The recommended terms of annexation and City’s development approval processes, for exam- ple, requirements for easements, the waiver of the right to protect special improvement districts related to transportation, and construction of future roads are expected to sufficiently address impacted transportation systems as a result of the map amendment. On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it says: “Development creates or funds many of the City’s local streets, intersection upgrades, and trails. Therefore, although a text or map amendment may allow more intense de- velopment than before, compliance with the adopted Plans and standards will provide adequate capacity to offset that increase.” The zoning designation itself does not change traffic flow or transportation demand, and the compliance of future development with adopted standards will offset impacts from develop- ment. G. Promotion of compatible urban growth. Criterion Met. Individuals may have widely varying opinions about what constitutes compat- ibility. Compatible development and Compatible land use are defined in Article 38.7 BMC to establish a common reference for consideration of this criterion and application of develop- ment standards. They are defined as: Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 24 of 29 “Compatible development. The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and ob- jectives 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. Compatible land use. A land use which may by virtue of the characteristics of its discerni- ble outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materi- als.” As noted in the definition of Compatible development, there are many elements that contrib- uted to compatibility. The final sentence of the definition deserves emphasis “Compatible de- velopment does not require uniformity or monotony of architectural or site design, density or use.” Compatible development can be different than what is already in place. The City has adopted a variety of standards to implement compatibility. The proposed R-2 district is a predominantly residential district. The allowed uses for residen- tial districts are set in section 38.310.030. The proposed zoning is similar in intensity and character as neighboring properties. There are six zoning districts within a quarter mile radius of the site, including the R-2 district. The proposed amendment is associated with an annexa- tion creating continuity between the existing and surrounding uses. Staff concludes R-2 zone is compatible and is urban growth as called for in the growth policy. See also discussion for Criteria A & H. H. Character of the district. Criterion Met. The proposed R-2 zoning promotes the character of the district as the intent of the Residential Moderate Density district is to “… provide for one- and two-household resi- dential development at urban densities within the city in areas that present few or no devel- opment constraints.” Surrounding properties are low-density single-household residential. Adjacent properties in the City are zoned R-1 to the north and R-S (Residential Suburban) to the south. Adjacent properties in Gallatin County, to the east and west, are zoned Residential Suburban. The proposed R-2 zoning designation is consistent with the character of the neigh- borhood as well as existing development on the property. Staff concurs with the applicant’s statement that, “The character of the surrounding subdivision is distinct from that of the Mount Baldy subdivision; the Legends subdivision immediately to the north of the subject property, Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 25 of 29 which contains large, single-family homes on small lots. Given the lot space of the subject property, even with R-2 zoning, it is likely that there would be more open space on our lot or lots than that of many homes in the surrounding neighborhoods. R-2 zoning requires the same height and setback restrictions of R-1 zoning.” 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 amend- ment 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: “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; in- tensity; materials; building siting; lot and building size; hours of operation; and inte- gration 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 architec- tural 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-2 district to be compatible with adjacent development and uphold the character of the area. Below is an excerpt from the Residential Density map supported by the City GIS Depart- ment. It shows adjacent properties, except for the Headlands subdivision, hosts more density than the subject property. Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 26 of 29 Living unit density map I. Peculiar suitability for particular uses. Criterion Met. The property is located in an area of primarily single-household residential de- velopment which is suitable for uses allowed in the R-2 zoning district. The proposed R-2 zoning designation is suitable for the current use of the property. The applicant adds, “Given the need for diverse housing options, the proposed R-2 zoning will maximize the specific characteristics of the subject property that make it suitable for additional future dwelling units.” J. Conserving the value of buildings. Criterion Met. There is an existing single-household residential structure with an attached gar- age and detached shed behind the home in an area of compatible residential land uses. The proposed R-2 zoning designation will allow for similar land use patterns and will thus conserve the value of buildings in the area. The applicant has not proposed future alterations or devel- opment on the property. Any future development on the property will be subject to standards in the R-2 zoning district which will ensure the conservation of adjacent building values in- cluding but not limited to standards set forth in the Unified Development Code for fire safety, setbacks, buffers and 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. Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 27 of 29 K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. As discussed in Criteria A above, this property has been planned for residen- tial uses for many years. The proposed R-2 zoning designation will encourage the most ap- propriate use of land as the property is surrounded by lower density residential development, which is consistent with the R-2 designation. The applicant argues, “The current Growth Policy categorizes the Mount Baldy Subdivision and surrounding areas as urban neighbor- hood. R-2 zoning will facilitate appropriate use of the land by encouraging a diversity of housing types, increase density, and support infill which are all priorities of the Growth Pol- icy. Furthermore, the proposed R-2 zoning designation is consistent with the Bozeman Com- munity Plan’s future land use map designation of “Urban Neighborhood.” 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 MEM- BERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal de- scribed 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 prop- erty 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 pro- test is lodged; and (ii) 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 en- couraged 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 Avenue, PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on January 8 and January 15, 2023. The site was posted on site and notices mailed by the applicant as required by 38.220 and the Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 28 of 29 required confirmation provided to the Planning Office. Notice was or will be provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on January 18, 2023, no written comments have 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. 1. URBAN NEIGHBORHOOD. 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 annexa- tion 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-2, “Residential Moderate Density” in association with the annexation of the property. According to Sec. 38.300.100(C) of the Unified Development Code, “The intent of the R-2 residential moderate density district is to provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints.” APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Per Hjalmarsson & Sue Hjalmarsson, 1603 Bridger Drive, Bozeman, MT 59715 Applicant: IMEG, 1091 Stoneridge Drive, Bozeman, MT 59718 Representative: Liam Durkin, 1091 Stoneridge Drive, Bozeman, MT 59718 Report By: Tom Rogers, Senior Planner, Community Development Department Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 29 of 29 FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate re- view according to standard City practices. ATTACHMENTS The full application and file of record can be viewed at the Community Development Depart- ment at 20 E. Olive Street, Bozeman, MT 59715. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264155