HomeMy WebLinkAbout10-17-16 CC Mtg - C6. Ordinance 1966 Provisional - Story Mill ZMA Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Mayana Rice, Associate Planner
Chris Saunders, Interim Community Development Director
SUBJECT: Provisional adoption of Ordinance 1966 approving a zone map
amendment (ZMA) to revise the zoning map from R-2 (Residential
Medium Density) to R-4 (Residential High Density) on a portion of a
parcel 0.880 acres located at Story Mill Road and Hillside Lane.
Application 16300.
MEETING DATE: October 17, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Provisional adoption of Ordinance 1966 the Story Mill Road and Hillside Lane Zone Map Amendment.
BACKGROUND: The City Commission held a public hearing on September 12, 2016. The
Zone Map Amendment was approved unanimously. The application amends the zoning map to
increase compliance with the growth policy.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As directed by the Commission
FISCAL EFFECTS: No immediate fiscal impacts are expected from this action. Future development will generate both costs and revenues dependent on the nature of the development.
Attachments: Ordinance 1966
Exhibit A: Story Mill Road and Hillside Lane ZMA
Original Staff Report Compiled on August 16, 2016
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ORDINANCE NO. 1966
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE
MAP FOR A TRACT OF LAND ENCOMPASSING A PORTION OF A
PARCEL 0.880 ACRES LOCATED AT STORY MILL ROAD AND
HILLSIDE LANE.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; and
WHEREAS, Section 76-2-305, Mont. Code Ann. allows local governments to amend
zoning maps if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, Mont. Code Ann.; states that the Zoning Commission must
conduct a public hearing and submit a report to the City Commission for all zoning map
amendment requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, Mont. Code Ann.; and
WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map
to change the zoning from R-2 (Residential Medium Density) to R-4 (Residential High Density)
has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on August 16, 2016,
to receive and review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, on August 16, 2016, the Bozeman Zoning Commission voted 2:1 to
recommended that the zone map amendment be approved as recommended by the Community
Development Department as provided for in the staff report; and
WHEREAS, after proper notice, the City Commission held its public hearing on
September 12, 2016, to receive and review all written and oral testimony on the request for a zone
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Ordinance No. 1966, Story Mill Road & Hillside Lane Zone Map Amendment
Page 2 of 5
map amendment; and
WHEREAS, the City Commission has reviewed and considered the eleven zone map
amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone
map amendment would be in compliance with the eleven criteria; and
WHEREAS, at its public hearing held on September 12, 2016, the City Commission
found that the proposed zone map amendment would be in compliance with Bozeman’s adopted
growth policy and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
Section 1
That the zoning district designation of the following-described property is hereby
designated as R-4 (Residential High Density) and all boundaries between districts being drawn as
directed in Section 38.07.040, BMC:
A tract of land being portions of Tract 1 of C.O.S. No.1895, located in the Southwest One-Quarter of Section 32, Township 1 South, Range 6 East, P.M.M.
City of Bozeman, Gallatin County, Montana, more particularly described as follows:
BEGINNING at a calculated position at the intersection of the southerly Right -of-Way of Bridger Drive and the westerly Right-of-Way of Story Mill Road; thence South 89° 27' 27" East a distance of 61.07 feet to a corner position;
thence South 27° 41' 37" East a distance of 260.53 feet to a corner position;
thence South 29° 05' 26" East a distance of 56.19 feet to a corner position;
thence South 27° 33' 19" East a distance of 122.54 feet to a corner position; thence North 89° 20' 45" West a distance of 101.17 feet to a corner position; thence north a distance of 109.31 feet along a non-tangential curve concave west
having a radius of 350.00 feet, a central angle of 17° 53' 39", a chord bearing
of North 22° 11' 25" West and a chord length of 108.87 feet to a corner position;
thence North 31° 08' 14" West a distance of 96.97 feet to a corner position; thence northwest a distance of 51.54 feet along a tangential curve concave southwest having a radius of 50.00 feet, a central angle of 59° 03' 51", a chord bearing of
North 60° 40' 10" West and a chord length of 49.29 feet to a corner position;
thence South 89° 47' 54" West a distance of 28.36 feet to a corner position;
thence North 00° 45' 54" West a distance of 180.01 feet to the Point of Beginning containing 0.880 acres, more or less.
SUBJECT to all easements of record or apparent from a visual inspection of the property.
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Ordinance No. 1966, Story Mill Road & Hillside Lane Zone Map Amendment
Page 3 of 5
See Exhibit A for a graphical depiction of the boundary.
Section 2 Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5 Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zoning Map Amendments.”
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Ordinance No. 1966, Story Mill Road & Hillside Lane Zone Map Amendment
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Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance No. 1966, Story Mill Road & Hillside Lane Zone Map Amendment
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the _______ day of_____________, 2016.
___________________________________
CARSON TAYLOR
Mayor
ATTEST:
______________________________________
ROBIN CROUGH City Clerk
FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
second reading, at a regular session thereof held on the __________ day of ______________,
2016. The effective date of this ordinance is ____________, 2016.
___________________________________
CARSON TAYLOR
Mayor
ATTEST:
______________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Page 1 of 15
16300, Staff Report for the Zone Map Amendment (ZMA) for Story Mill Road & Hillside
Lane
Project Description: A zone map amendment to revise the zoning map from R-2 (Residential
Medium Density) to R-4 (Residential High Density) on 1.6039 acres.
Project Location: The proposal would affect 1.6039 acres of land. The property is not
addressed, is located at Story Mill Road and is legally described as S32, T01 S, R06 E, C.O.S.
1895, TRACT 1 SW4 1.604AC LESS HWRW PARKS/STORY MILLS ANNEX TO BZN
(COS 2547 RETRACEMENT OF COS 1895), City of Bozeman, Gallatin County, Montana.
Zoning Commission Recommended Motion: Having reviewed and considered the application
materials, public comment, and all information presented, I hereby adopt the findings presented
in the staff report and recommend approval of the zone map amendment application 16300 with
contingencies.
Report Date: August 16, 2016
Staff Contact: Mayana Rice, Associate Planner
Shawn Kohtz, Engineer
Agenda Item Type: Action- Legislative
EXECUTIVE SUMMARY
Unresolved Issues
No unresolved issues have been identified at this time.
Project Summary
The application seeks to revise the zoning map from R-2 (Residential Medium Density) to R-4
(Residential High Density) on 1.6039 acres. Currently the parcel has “split zoning,” including
both R-4 and R-2. The changes are preparatory for the applicant’s desire to ultimately construct a
multi-household structure. The current “split zoning” would require that the entire parcel meet
the more restrictive zoning requirements of R-2.
Public comment has been received regarding the following items:
1. Concern over the height of R-4 zoning adjacent to single story structures.
2. Questions regarding the utility easements for gas and electricity along the eastern
boundary of the project.
3. Clarification requested on the existing ditch and future stormwater requirements on the
site.
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16300, Staff Report for the Zone Map Amendment for Story Mill – Hillside Lane
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Alternatives
1. Adopt the amendment as requested.
2. Deny the amendment.
Zoning Commission Motion
The Zoning Commission (ZC) considered the case on August 16, 2106. There were a number of
public comments including concern over density, height of buildings, traffic, road reconstruction,
neighborhood incompatibility, stormwater and quality of design. Six (6) people attended this
meeting to provide comments in opposition. The ZC made a 2 to 1 motion to recommend
approval of the ZMA to the City Commission.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 5
SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS ...................................... 5
SECTION 4 - STAFF ANALYSIS AND FINDINGS ............................................................. 5
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 5
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 8
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ................................. 8
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16300, Staff Report for the Zone Map Amendment for Story Mill – Hillside Lane
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SECTION 1 - MAP SERIES
Future Land Use Map
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16300, Staff Report for the Zone Map Amendment for Story Mill – Hillside Lane
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Zoning Map
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16300, Staff Report for the Zone Map Amendment for Story Mill – Hillside Lane
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
If the City Commission approves the application, the following contingencies are recommended.
Please note that these contingencies are necessary for the City to complete the processing of the
proposed amendment.
Recommended Conditions of Approval:
1. That all necessary documents and exhibits shall be identified as the “Story Mill – Hillside
Lane Zone Map Amendment.”
2. That the applicant submit a zone amendment map, titled “Story Mill – Hillside Lane
Zone Map Amendment,” on a 24” by 36” mylar, an 8 ½” by 11” or 8 ½” by 14” paper
exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public
Works, which will be utilized in the preparation of the Ordinance to officially amend the
City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal
description of the perimeter of the subject property and zoning districts, and total acreage
of the property.
3. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor,
and a map of the area to be rezoned, which will be utilized in the preparation of the
Ordinance to officially amend the zone map.
SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the recommendation is for
approval.
The Development Review Committee (DRC) considered the amendment on August 3, 2016. The
DRC did not identify any regulatory constraints that would impede the approval of the
application. Infrastructure upgrades, including street, water, and sewer, will be required for any
development that occurs on this site.
The Zoning Commission held a public hearing on this ZMA on August 16, 2016, at 121 N.
Rouse Avenue, Bozeman.
The City Commission will hold a public hearing on the ZMA on September 12, 2016. The
meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. The
City Commission will make the final decision on the application.
SECTION 4 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following:
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
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16300, Staff Report for the Zone Map Amendment for Story Mill – Hillside Lane
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Yes. The site is designated Residential. Table C-16 of the growth policy shows R-4 as an
implementing district of the Residential designation. The Table of authorized zoning uses within
the R-4 District is also provided in Appendix A.
The Residential designation of the Bozeman Community Plan states that; “This category
designates places where the primary activity is urban density dwellings. Other uses which
complement residences are also acceptable such as parks, low intensity home based occupations,
fire stations, churches, and schools.”
Supportive examples of applicable goals and objectives of the Bozeman Community Plan for this
application include:
Chapter 2 – Addressing Growth and Change
Objective G-2.3: Strive to maintain a balanced supply of land for the variety of uses
necessary to support a vigorous city.
Chapter 3 – Land Use
Objective LU-1.4: Provide for and support infill development and redevelopment that
provides additional density of use, while respecting the context of the existing
development which surrounds it. Respect for context does not automatically prohibit
difference in scale or design.
Objective LU-4.3: Encourage the creation of well-defined residential neighborhoods.
Each neighborhood should have a clear focal point, such as a park, school, other open
space or community facility, and shall be designed to promote pedestrian convenience.
Chapter 4 – Community Quality
Objective C-1.3: Support compatible infill within the existing area of the City rather than
developing land requiring expansion of the City’s area.
Objective C-4.3: Ensure the development of new residential structures that are
aesthetically pleasing through urban design.
Chapter 6 – Housing
Objective 2.3: Support infill development and the preservation of existing affordable
housing and encourage the inclusion of additional affordable housing in new infill
developments.
In considering the appropriateness of a particular zoning district for a site, it is appropriate to
consider what district will most fully advance the community plan goals. As a zone map
amendment is a legislative, not quasi-judicial matter, the City has broad discretion to decide
the course considered most suitable.
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16300, Staff Report for the Zone Map Amendment for Story Mill – Hillside Lane
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The parcel has split zoning between R4 and R-2. The predominant municipal designation in
the surrounding area is R-4. The R-4 zoning designation requested is consistent with the
Residential land use designation and the Growth Policy.
B. Secure safety from fire and other dangers.
Yes. The same standards for emergency access, fire protection, and related issues apply to any of
the zoning districts.
C. Promote public health, public safety, and general welfare.
Yes. As discussed in Criterion B, there are many standards that apply equally to the City’s
residential zoning districts. The generally adopted standards of the municipal code will ensure
adequate supply for sanitation, clean water, stormwater control and other items that would
possibly affect this criterion.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. No dedication of rights-of-way or construction facilities is required because of this change
in zoning. The City’s development standards require mitigation of site impacts to infrastructure
and therefore this criterion is met. Development review procedures will evaluate specific needs
for additional services. The City’s development standards require demonstration that adequate
services are available. Section 38.07.010.C, BMC states:
“Placement of any given zoning district on an area depicted on the zoning map indicates a
judgment on the part of the City that the range of uses allowed within that district are generally
acceptable in that location. It is not a guarantee of approval for any given use prior to the
completion of the appropriate review procedure and compliance with 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 service.”
E. Reasonable provision of adequate light and air.
Yes. The R-4 (Residential High Density) designation was evaluated against this criterion during
the legislative adoption of the district. It has been determined that the district complies. The
regulatory standards set forth in the Bozeman Municipal code for the requested R-4 zoning
district provide the necessary provisions (i.e., yard setbacks, lot coverage, open space and
building heights), which are intended to provide for adequate light and air for any development
of the subject property.
F. The effect on motorized and non-motorized transportation systems.
Yes. The R-4 zoning designation should not have a substantial effect on existing or future
motorized or non-motorized transportation systems. Any increase in traffic levels will be
mitigated or addressed as part of the development review process for the property.
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16300, Staff Report for the Zone Map Amendment for Story Mill – Hillside Lane
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G. Promotion of compatible urban growth.
Yes. This area is at the intersection of Story Mill Road, Hillside Lane and Bridger Drive. There
will be access for the property. The proposed zoning district will allow a continued urban growth
pattern that is prevalent throughout the immediate vicinity and is located on the same parcel.
Therefore, this criterion is met.
H. Character of the district.
Yes. R-4 uses are residential in nature; since the adjacent properties are residential in nature, the
character of this area will be reinforced by an R-4 zoning designation.
As stated in Section 38.08.010.A, “There is a rebuttable presumption that the uses set forth for
each district will be compatible with each other when the standards of this chapter are met and
any applicable conditions of approval have been satisfied.” The future development review
process will enable the evaluation of any peculiar impacts of proposed development and will
specify mitigation as needed.
I. Peculiar suitability for particular uses.
Yes. The site has been determined appropriate for R-4 uses. The proposed zone map amendment
would not substantially alter the suitability of this property to accommodate further
intensification of residential or business uses.
J. Conserving the value of buildings.
Yes. R-4 designation is consistent with the use in the area. The proposed zone map amendment
conserves the current value and is not detrimental to the value of the adjacent properties.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The sum of the findings regarding the other criteria indicates that the proposed R-4 zoning
encourages the most appropriate uses of the subject property and other properties in the vicinity.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-4 (Residential High Density) and R-2 (Residential Medium
Density). The Applicant is proposing to change the zoning of this property to all R-4 (Residential
High Density) for a future apartment development.
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16300, Staff Report for the Zone Map Amendment for Story Mill – Hillside Lane
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Adopted Growth Policy Designation:
The following designations are applicable to this application.
Residential. The Plan indicates that; “This category designates places where the primary activity
is urban density dwellings. Other uses which complement residences are also acceptable such as
parks, low intensity home based occupations, fire stations, churches, and schools. High density
residential areas should be established in close proximity to commercial centers to facilitate the
provision of services and employment opportunities to persons without requiring the use of an
automobile. Implementation of this category by residential zoning should provide for and
coordinate intensive residential uses in proximity to commercial centers. The residential
designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.”
Table C-16 - Zoning Correlation with Land Use Categories – Indicates that R-4 zoning is one
of the zoning districts envisioned for the “Residential” Growth Policy Designation.
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16300, Staff Report for the Zone Map Amendment for Story Mill – Hillside Lane
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Following is the Table of R-4 Uses from the Bozeman Municipal Code, indicating permitted
land uses within the R-4 zoning district.
Sec. 38.08.020. – Authorized uses.
A. Uses in the various residential districts are depicted in Table 38.08.020 in subsection C of
this section. Principal uses are indicated with a "P," conditional uses are indicated with a
"C," accessory uses are indicated with an "A" and uses which are not permitted within the district are indicated by a "-".
B. Additional uses for telecommunication purposes are contained in article 29 of this chapter.
C. The uses listed are deliberately broad and some are given special definitions in article 42 of
this chapter. The intent of this method is to provide general guidance for uses while allowing
the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in article 22
of this chapter.
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Table 38.08.020
Table of Residential Uses
Authorized Uses
R-S R-1 R-2 R-3 R-4 R-
O RMH
Accessory dwelling units8, 9 C C P P P P —
Agricultural uses on 2.5
acres or more2 P — — — — — —
Agricultural uses on less
than 2.5 acres2 C — — — — — —
Apartments/apartment
building, as defined in
article 42 of this chapter
— — — — P P —
Bed and breakfast C C C C P P —
Commercial stable C — — — — — —
Community centers C C C C C P C
Community residential
facilities with eight or
fewer residents
P P P P P P P
Community residential
facilities serving nine or
more residents
— — — C P P —
Cooperative housing C C C P P P C
Day care centers C C C P P P C
Essential services Type I A A A A A A A
Essential services Type II P P P P P P P
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16300, Staff Report for the Zone Map Amendment for Story Mill – Hillside Lane
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Essential services Type III C10 C10 C10 C10 C10 C10 C10
Extended stay lodgings C C C P P P —
Family day care home P P P P P P P
Fences A A A A A A A
Fraternity and sorority
houses — — — C P P —
Golf courses C C C — — — C
Greenhouses A A A A A A —
Group day care home P P P P P P P
Group living P P P P P P P
Guesthouses A A A A A A —
Home-based businesses5 A/C A/C A/C A/C A/C A/C A/C
Lodginghouses — — — C P P —
Offices — — — — C3 P —
Other buildings and
structures typically
accessory to authorized
uses
A A A A A A A
Private garages A A A A A A A
Private or jointly owned
recreational facilities A A A A A A A
Private stormwater control
facilities A A A A A A A
Private vehicle and boat
storage A A A A A A A/C4
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Public and private parks P P P P P P P
Manufactured homes on
permanent foundations1 P P P P P P P
Manufactured home
communities — — — — — — P
Medical offices, clinics,
and centers — — — — C P —
Recreational vehicle parks C — — — — — P
Signs, subject to article 28
of this chapter A A A A A A A
Single-household dwelling P P P P P P P
Temporary buildings and
yards incidental to
construction work
A A A A A A A
Temporary sales and office
buildings A A A A A A A
Three- or four-household
dwelling — — — P P P —
Two-household dwelling — — P P P P —
Townhouses (two attached
units) P7 P7 P P P P P7
Townhouses (five attached
units or less) — — — P6 P P —
Townhouses (more than
five attached units) — — — — P P —
Tool sheds for storage of
domestic supplies A A A A A A A
Uses approved as part of a C C C C C C C
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PUD per article 20 of this
chapter
Veterinary uses C — — — — — —
Notes:
1Manufactured homes are subject to the standards of Section 38.22.130.
2Agricultural uses include barns and animal shelters, and the keeping of animals and fowl,
together with their dependent young, as hereinafter set forth per 2.5 acres: one horse or one
cow; two sheep or two goats; ten rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For larger parcels the review authority may
determine that a larger number of livestock is consistent with the requirements of this
section.
3Only when in conjunction with dwellings.
4Storage for more than three recreational vehicles or boats.
5Home-based businesses are subject to the terms and thresholds of section 38.22.110.
6In the R-3 district, townhouse groups shall not exceed 120 feet in total width.
7In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the
requirements of chapter 38, article 43, Affordable Housing. May only be utilized in
developments subject to chapter 38, article 43.
8Not permitted on reduced size lots for work force housing as described in chapter 38, article 43.
9Accessory dwelling units in the RS and R1 districts shall be permitted to be placed above
garages only in subdivisions receiving preliminary plat approval after January 1, 1997.
10Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
(Ord. No. 1645, § 18.16.020, 8-15-2005; Ord. No. 1693, § 4(18.16.020), 2-20-2007; Ord. No.
1709, § 2(18.16.020), 7-16-2007; Ord. No. 1761, Exh. A (18.16.020), 7-6-2009; Ord. No. 1769,
Exh. E (18.16.020), 12-28-2009; Ord. No. 1828, § 9, 9-10-2012; Ord. No. 1838, §§ 1, 2, 9-10-
2012; Ord. No. 1830, § 6, 9-24-2012; Ord. No. 1893, § 5, 8-11-2014; Ord. No. 1930, § 1, 1-3-
2016)
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice of the public hearings before the Planning Board and City Commission was given by first
class US mail to all property owners within 200 feet of the site. The site was posted with a copy
of the notice. The notice was also published in the Bozeman Daily Chronicle at least 15 days and
not more than 45 days prior to the public hearings.
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: 2411 LLC &
UND 84%, Mike Schlegel 2900 Branding Iron Rd, Bozeman MT 59715 Applicant: Redleaf
Engineering LLC, P.O. Box 161085, Big Sky, MT 59716 Representative: Jeffrey Brandner
1118 Bridger Dr, Bozeman, MT 59715 Report By: Mayana Rice, Associate Planner
FISCAL EFFECTS: No unusual fiscal effects have been identified. No presently budgeted
funds will be changed by this growth policy amendment.
ATTACHMENTS: The full application and file of record can be viewed at the Community
Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
Public Comment to date
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