HomeMy WebLinkAbout11-01-16, 16380 zc binder16380, Staff Report for the Stopka Zone Map Amendment Page 1 of 16
Application 16380, Zoning Commission Staff Report for the Stopka Zone
Map Amendment
Public Hearing Dates: Zoning Commission public hearing is on November 1, 2016.
City Commission public hearing is on November 21, 2016.
Project Description: Zone Map Amendment to rezone four existing lots and adjacent
rights-of-way totaling 0.742 acres from R-2, residential two-household medium
density district to R-3, residential medium density district as allowed by Article
38.37 of the Bozeman Municipal Code.
Project Location: The properties are addressed as 3611, 3623, 3635 and 3641 Laduke
Street and are legally described as Lots 1-4, Block 20, Oak Springs Subdivision
Phase 1, located in Section 3, Township 2 South, Range 5 East, City of Bozeman,
Gallatin County, Montana.
Recommendation: Approval of amendment with contingencies.
Zoning Commission Recommended Motion: “Having reviewed and considered the
staff report, application materials, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for
Application 16380 and move to recommend approval of the Stopka Zone Map
Amendment, with contingencies required to complete the application
processing.”
Report Date: October 21, 2016
Staff Contact: Mitch L. WerBell, Assistant Planner
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
No unresolved issues have been identified at this time.
Project Summary
The Department of Community Development received a Zone Map Amendment
application to rezone four lots comprising 0.343 acres from R-2, residential two-
household medium density district to R-3, residential medium density district. The
subject properties are addressed as 3611, 3623, 3625 and 3641 Laduke Street. Three of
these lots are vacant within a block of existing townhomes. The majority of the block is
16380, Staff Report for the Stopka Zone Map Amendment Page 2 of 16
zoned R-3. The original zoning boundaries of the Smith Annexation and McDonald
Annexation were not adjusted at the time the Oak Springs Subdivision was platted. The
R-3A zoning from the Smith Annexation (Diamond Estates Subdivision) to the east was
subsequently changed to R-2. A significant number of lots in the subdivision remain
bifurcated by two zoning designations, including Lot 4 in Block 20. Rezoning the subject
parcels to R-3 will allow for the development three attached townhomes on the
remaining lots.
The Development Review Committee considered the application at its October 19, 2016
meeting and did not identify any regulatory or infrastructure constraints that would
impede the amendment of the City of Bozeman Zoning Map to R-3 for these tracts.
Alternatives
1. Approve the application with the recommended contingencies;
2. Approve the application with modifications to the recommended contingencies;
3. Deny the application based on the Zoning Commission’s findings of non-compliance
with the applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items.
16380, Staff Report for the Stopka Zone Map Amendment Page 3 of 16
TABLE OF CONTENTS
EXECUTIVE SUMMARY ................................................................................................................................ 1
Unresolved Issues ................................................................................................................................... 1
Project Summary..................................................................................................................................... 1
Alternatives ............................................................................................................................................... 2
SECTION 1 - MAP SERIES ............................................................................................................................ 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ................... 9
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS .......................................................... 9
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............................. 9
Section 76-2-304, MCA (Zoning) Criteria ................................................................................... 10
PROTEST NOTICE FOR ZONING AMENDMENTS ............................................................................ 14
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............................. 14
APPENDIX B - NOTICING AND PUBLIC COMMENT ....................................................................... 15
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................................... 15
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ........................................... 16
FISCAL EFFECTS .......................................................................................................................................... 16
ATTACHMENTS ........................................................................................................................................... 16
16380, Staff Report for the Stopka Zone Map Amendment Page 4 of 16
SECTION 1 - MAP SERIES
Figure 1 – Current zoning
16380, Staff Report for the Stopka Zone Map Amendment Page 5 of 16
Figure 2 – Split zoning detail
16380, Staff Report for the Stopka Zone Map Amendment Page 6 of 16
Figure 3 – Subject property, looking southwest from Oak Street
Figure 4 – Subject property, looking northwest from Meagher Avenue
16380, Staff Report for the Stopka Zone Map Amendment Page 7 of 16
Figure 5 – Three mid-block attached townhomes
Figure 6 – Block character along Oak Street
16380, Staff Report for the Stopka Zone Map Amendment Page 8 of 16
Figure 7 – Exhibit
16380, Staff Report for the Stopka Zone Map Amendment Page 9 of 16
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT
Please note that these contingencies are necessary for the City to complete the process
of the proposed amendment.
Recommended Contingencies of Approval:
1. All documents and exhibits necessary to establish an initial municipal zoning
designation must be identified as the “Stopka Zone Map Amendment.”
2. The applicant must submit a zone amendment map titled “Stopka Zone Map
Amendment”, on a 24” by 36” mylar, an 8 ½” by 11” or 8 ½” by 14” paper exhibit, a
digital copy with CAD file and full legal description of the area to be zoned to the
centerline of adjacent rights-of-way, 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.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Stopka Zone Map Amendment
Application: 16380
Having considered the criteria established for a Zone Map Amendment, Staff
recommends approval of the Stopka Zone Map Amendment as submitted.
The Development Review Committee considered the amendment on October 19, 2016.
The Development Review Committee did not identify any infrastructure or regulatory
constraints that would impede the approval of the application.
The Zoning Commission will hold a public hearing on this Zone Map Amendment on
November 1, 2016 and will forward a recommendation to the City Commission.
The City Commission will hold a public meeting on the Zone Map Amendment on
November 21, 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 legislative action
on the application.
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for plan approval under this title, the advisory boards and
City Commission shall consider the following criteria (letters A-K). As an amendment is
a legislative action, the Commission has broad latitude to determine a policy direction.
The burden of proof that the application should be approved lies with the applicant.
In considering the criteria the analysis must show that the amendment accomplishes
criteria A-D. Criteria E-K must be considered and may be found to be affirmative,
neutral, or negative. A favorable decision on the proposed application must find that the
16380, Staff Report for the Stopka Zone Map Amendment Page 10 of 16
application meets all of criteria A-D and that the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes, the proposed zoning is in accordance with a growth policy. Rezoning the properties
to R-3 implements several goals and objectives of the Bozeman Community Plan.
Chapter 3 - Land Use
Objective LU-1.4: Provide for and support infill development and
redevelopment which 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.
The proposed R-3 zoning will support infill development by allowing a broader range of
housing types on the subject parcels. The remaining narrow lots in the block are
conducive to townhome development. The existing development includes townhomes
on the block and a variety of dwelling types to the south, east and west.
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: Provide for the protection of character and the enhancement of
services in existing residential neighborhoods.
The proposed R-3 zoning will allow compatible townhome development on vacant
subdivision lots in the City. Future construction of three attached townhomes will
complement the neighborhood and block character. All three vacant lots have
individual water and sewer stubs which were installed with the subdivision as each lot
was planned for future townhome development.
Chapter 6 Housing
Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in
type density, cost, and location with an emphasis on maintaining neighborhood
character and stability.
Objective 1.1 – Encourage and support the creation of a broad range of housing
types in proximity to services and transportation options.
The proposed R-3 zoning will allow maximum efficiency of use of the land as the lots
were originally planned for townhome development. A wide range of housing types is
found in the area. Continuing the townhome fabric of the block will maintain
16380, Staff Report for the Stopka Zone Map Amendment Page 11 of 16
neighborhood character and stability. Adequate public infrastructure serves the
neighborhood. No development is included with this legislative application. Completion
of the perimeter public sidewalk will be required with the issuance of future building
permits for the subject properties.
Table C-16 of the Bozeman Community Plan indicates R-3 as an implementing district
of the underlying Residential future land use designation. The intent of the R-3 district
is “to provide for the development of one- to five-household residential structures near
service facilities within the city. It should provide for a variety of housing types to serve
the varied needs of households of different size, age and character, while reducing the
adverse effect of nonresidential uses.” No conflicts with the growth policy have been
identified. The City Commission must legislatively decide which district is most
appropriate for these parcels and most consistent with the goals in the Bozeman
Community Plan.
B. Secure safety from fire and other dangers.
Yes, the proposed zoning will secure safety from fire and other dangers. Emergency
services are currently available to serve the property. A fire hydrant is located at the
intersection of Meagher Avenue and Oak Street. Regulatory provisions established for
all City of Bozeman zoning districts ensure an adequate transportation network, fire
services and public utility lines.
C. Promote public health, public safety, and general welfare.
Yes, the proposed zoning will promote public health, public safety and general welfare.
Any development of the subject property requires review by the City of Bozeman and
the property is subject to all state and local regulations to ensure public health, safety
and general welfare. The intent of the Bozeman Unified Development Code is to protect
the public health, safety and general welfare; to recognize and balance the various
rights and responsibilities relating to land ownership, use, and development identified
in the United States and State of Montana constitutions, and statutory and common law;
to implement the city's adopted growth policy.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and
other public requirements.
Yes, the proposed zoning will facilitate the provision of transportation, water, sewerage,
schools, parks and other public requirements. Existing infrastructure and services will
not be directly impacted by this amendment. The subject properties are bounded by
Oak Street, a future principal arterial street, and Laduke Street and Meagher Avenue,
both local streets. Water and sewer stubs were installed to each lot at the time of
subdivision. The Water and Sewer Division preliminarily looked at the existing service
stubs and did not identify any constraints for future connection of three attached
16380, Staff Report for the Stopka Zone Map Amendment Page 12 of 16
townhomes. Educational facilities and parks are accessed by the street network that
serves the properties. Completion of the perimeter sidewalk will be required with the
issuance of future building permits. The Gallatin County Regional Park is located
directly north across Oak Street. The Oak Springs Park is located to the southwest. The
subject properties fall within the public school district boundaries for Meadowlark
Elementary School and Chief Joseph Middle School.
E. Reasonable provision of adequate light and air.
Yes, the proposed zoning will ensure a reasonable provision of adequate light and air.
The adopted standards in the Unified Development Code for the requested R-3 zoning
district provide the necessary provisions including required yards, setbacks, lot
coverage and building heights. Maximum building height in the R-3 district is 42 feet, a
six foot difference from the maximum height of 36 feet in the R-2 district.
F. The effect on motorized and non-motorized transportation systems.
Yes, the proposed zoning will not have a negative effect on motorized and non-
motorized transportation systems. R-3 zoning allows for a broad range of residential
uses but is not significantly different than R-2 zoning. The subdivision was platted for
townhome development and the transportation network was analyzed and determined
adequate to serve future residential development. Adjacent local streets were fully
constructed to City standards at the time of subdivision. Oak Street, a principal arterial
borders the properties on the north.
Sidewalks will be required to be installed around the subject properties prior to any
future building occupancy. Sidewalk ramps with detectable surfacing are installed at
the intersections of Meagher and Oak and Meagher and Laduke. Future installation of
the adjacent remaining public sidewalk portions will complete the sidewalk system in
the subdivision.
G. Promotion of compatible urban growth.
Yes, the proposed zoning will promote compatible urban growth. Block 20 of the Oak
Springs Subdivision was platted for townhome development with approximately 25
foot wide lots. Rezoning the subject parcels to R-3 will allow for three attached dwelling
units on Lots 1-3 to complete the block. The subdivision includes a range of housing
types with all necessary public services in close proximity.
H. Character of the district.
Yes, the proposed zoning is in the character of the district. The initial R-3 zoning
boundary followed the perimeter of the McDonald Annexation (Application A-03006).
The previous R-3A zoning to the east in the Diamond Estates Subdivision Phase I was
designated with the Smith Annexation (Application A-9601) and was subsequently
16380, Staff Report for the Stopka Zone Map Amendment Page 13 of 16
rezoned to R-2. The Oak Springs subdivision was platted over the existing zoning
boundary and a number of parcels are split-zoned.
The subject block was planned for and developed as townhomes. Most of the existing
lots were improved with two attached townhome units on individual lots. Three
attached townhomes were constructed in the middle of the block, leaving an odd
number of remaining lots. The applicant has expressed an interest in constructing three
attached townhomes to complete the block in harmony with the existing character. R-3
zoning permits three attached townhomes up to a maximum of 120 feet in width as a
principal use. The R-2 district allows up to a maximum of two attached units.
I. Peculiar suitability for particular uses.
Yes. The R-3 zoning district allows for a broad range of residential uses. Rezoning the
subject properties to R-3 will be consistent with the wide range of dwelling types found
in the subdivision. The property has been determined appropriate for residential uses
based on the underlying land use designation.
Rezoning the parcels to R-3 will make the underlying zoning suitable for three attached
townhomes up to a maximum total of 120 feet in width. Lot 4 has two underlying
zoning designations of R-2 and R-3 and contains an existing townhome. Rezoning this
parcel will create consistent zoning across the mostly constructed block. If the zoning
remains R-2, the character of the block will be disturbed by limiting the uses to a single
household or two-household dwelling on an aggregated individual lot or two attached
townhomes with additional vacant land. Leaving the zoning as R-2 does not promote
efficiency in use on the land as outlined as a goal in the adopted growth policy.
J. Conserving the value of buildings.
Yes, the proposed zoning will conserve the value of buildings. The majority of the
subdivision has been completed with a range of housing types and the completion of
this block with townhomes will eliminate vacant land. R-3 zoning will allow maximum
efficiency of use of the land. Development of the subject properties may increase
neighboring property values.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. The staff analysis and findings for the above criteria demonstrate the proposed
rezoning from R-2 to R-3 encourages the most appropriate uses on the subject property
in relation to neighboring uses and zoning districts in the vicinity. R-3 zoning will allow
for three attached townhomes on the three remaining lots in Block 20 of the Oak
Springs subdivision which were originally planned for townhomes. Development of the
parcels in this manner is prevented by the current zoning.
16380, Staff Report for the Stopka Zone Map Amendment Page 14 of 16
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 - DETAILED PROJECT DESCRIPTION AND BACKGROUND
Community Development staff met with the applicant and property owner to discuss
future development of Lots 1-3. The lots are located in Block 20 of the Oak Springs
Subdivision and were platted for future townhome development. Staff determined the
current zoning of the parcels is R-2, residential two-household medium density district.
R-2 zoning does not permit more than two attached townhomes. The current zoning
boundary is a remnant of the Smith Annexation (A-9601) and McDonald Annexation (A-
03006). Several lots in the Oak Springs Subdivision are bifurcated by R-2 and R-3
zoning. Oak Springs was platted without corrections to the existing zoning boundary of
the Smith Annexation and Diamond Estates Phase One Subdivision which was
previously zoned R-3A and subsequently changed to R-2.
The applicant and property owner expressed a desire to build three attached
townhomes on the three vacant parcels in the block. Staff recommended the applicant
request the rezoning of the property to R-3 which would allow for three attached units
and maximize efficiency of the land and existing water and sewer services. The
applicant followed up with this application. Staff later determined that Lot 4 is split-
zoned with the more restrictive zoning taking precedence. Lots 4 and 5 are constructed
with two attached townhomes. Staff recommends clarifying zoning boundaries when
necessary to address nonconformities from past subdivision platting and zoning
adjustments. The applicant submitted revised materials on October 6, 2016 to include
Lot 4 in the proposed R-3 zoning area. The Development Review Committee considered
the application on October 19, 2016 and did not identify any regulatory or
infrastructure constraints that would impede the rezoning and recommended approval.
The Zoning Commission will conduct a public hearing on the request on November 1,
2016 and forward a recommendation to the City Commission for legislative action on
November 21, 2016.
If this Zone Map Amendment is approved, staff anticipates the submittal of building
permits for the construction of three attached townhomes which will complete the
subdivision and complement the character of this townhome block. Public sidewalk will
16380, Staff Report for the Stopka Zone Map Amendment Page 15 of 16
be required to be fully constructed adjacent to the properties prior to building
occupancy.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Noticing was provided for this project at least 15 and not more than 45 days prior to the
City Commission public hearing. Notice for both public hearings was posted on-site and
mailed via First Class US Mail to all property owners of record within 200 feet of the
property on October 14, 2016. The project was posted in the legal ads section of the
Bozeman Daily Chronicle on October 16, 2016.
One public comment was received on this proposed Zone Map Amendment. The email
dated October 17, 2016 expresses concerns of parking and potential construction of a
four household dwelling with the proposed zoning. Staff responded to the commenter
in detail on October 18, 2016 with information about the proposed zoning and
procedural requirements for future construction. The commenter responded to staff
and stated, “I’ll take some time to digest the information you provided and decide if I
wish to submit a formal protest. Thank you for explaining that process as well.” The
comment and responses are included as an attachment to this report.
If any additional public comment is received prior to the public hearings, it will be
forwarded to the Zoning Commission members and/or the City Commission.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as Residential in the Bozeman Community Plan. “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
16380, Staff Report for the Stopka Zone Map Amendment Page 16 of 16
category. All residential housing should be arranged with consideration of compatibility
with adjacent development, natural constraints such as watercourses or steep slopes,
and in a fashion which advances the overall goals of the Bozeman growth policy. The
residential designation is intended to provide the primary locations for additional
housing within the planning area.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-3, residential medium density district with this
application. The intent of the R-3 district is “to provide for the development of one- to
five-household residential structures near service facilities within the city. It should
provide for a variety of housing types to serve the varied needs of households of
different size, age and character, while reducing the adverse effect of nonresidential
uses.”
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Affected Property Owner(s): Alex Stopka, PO Box 1262, Belgrade, MT 59714
Justin & Jenifer Gerber, 3641 Laduke Street, Bozeman, MT 59718
Applicant & Representative: Sara Mackie, 720 Lohwest Lane, Billings, MT 59106
Report By: Mitch L. WerBell, Assistant Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be
changed by this Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Zoning Exhibit
Application Materials
Advisory Engineering Memorandum
Public Comment Email Correspondence
PROPERTY BOUNDARYLADUKE STREET
60' ROW
LOT 1
3611 LADUKE ST
5,238 SF
CITYSIDEWALKBLVD
5.0'10.0'
OAK STREET
120' ROW
MEAGHER AVENUE
60' ROW
LOTS 1-4, BLOCK 20,
OAK SPRINGS SUBDIVISION LOT 2
3623 LADUKE ST
3,234 SF
LOT 3
3635 LADUKE ST
3,234 SF
BLVD
BLVDCITY
SIDEWALKCITY SIDEWALK
5.0'10.0'
PROPERTY
BOUNDARY
PROPERTY
BOUNDARY
1° 08' 58"
129.34'
S W
89° 51' 04"25.00'SW89° 51' 04"25.00'NE89° 51' 04"39.08'SW89° 52' 25"41.95'NE89° 52' 25"25.00'NE89° 52' 25"25.00'SW1° 09' 56"
129.35'
S E
1° 09' 56"
129.34'
N W
1° 09' 56"
129.33'
S E
R-3 ZONING
LOT 4
3641 LADUKE ST
3,234 SF 89° 51' 04"25.00'NE89° 52' 25"25.00'SW1° 09' 56"
129.35'
S E
1° 08' 58"
221.82'
S W
89° 51' 04"142.88'SW1° 09' 56"
221.86'
S E
PROPERTY
BOUNDARY89° 52' 25"151.84'NE406.209.5674sara@eecmt.comwww.eecmt.comDATE:STOPKA ZONE MAP AMENDMENT10/20/20163611,3623,3635,&3641 LADUKE STBOZEMAN, MT 59718N0' 10' 20'50'(24"X36") 1" = 10'-0"1 _
STOPKA
ZONE MAP AMENDMENT
Lots 1-4, Block 20, Oak Springs Subdivision, Phase 1, located in the
Southeast One-Quarter of Section 3, Township 2 South, Range 5 East,
P.M.M., City of Bozeman, Gallatin County, Montana. Subject to all
easements of record and apparent from a visual inspection of the
property.
Zoning extends from property boundary to centerline of all adjacent right
of ways: 62' 6" to the north, 30' to the east, and 30' to the south.
A1
Development Review Application A1 Page 1 of 3 Revision Date 01-04-16 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
DEVELOPMENT REVIEW APPLICATION 1. PROJECT Development Name: Description: 2. PROPERTY OWNER Name: Full Address: Phone: Email: 3. APPLICANT Name: Full Address: Phone: Email: 4. REPRESENTATIVE Name: Full Address: Phone: Email: 5. PROPERTY Full Street Address: Full Legal Description: Current Zoning: Current Use: Community Plan Designation:
Development Review Application A1 Page 2 of 3 Revision Date 01-04-16 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
Overlay District: Neighborhood Conservation Entryway Corridor None Urban Renewal District: Downtown North 7th Avenue Northeast None 6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26) Gross Area: Acres: Square Feet: Net Area: Acres: Square Feet: Dwelling Units: Nonresidential Gross Building Square Feet: 7. APPLICATION TYPES
Check all that apply, use noted forms. Form Form 1. Pre-application Consultation None 17. Informal Review INF 2. Master Site Plan MSP 18. Zoning Deviation None 3. Site Plan SP 19. Zoning or Subdivision Variance Z/SVAR 4. Subdivision pre-application PA 20. Conditional Use Permit CUP 5. Subdivision preliminary plat PP 21. Special Temporary Use Permit STUP 6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP 7. Subdivision exemption SE 23. Regulated Activities in Wetlands RW 8. Condominium Review CR 24. Zone Map Amendment (non Annexation) ZMA 9. PUD concept plan PUDC 25. UDC Text Amendment ZTA 10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA 11. PUD final plan PUDFP 27. Modification/Plan Amendment MOD 12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT 13. Administrative Interpretation Appeal AIA 29. Reasonable Accommodation RA 14. Administrative Project Decision Appeal APA 30. Other: 15. Commercial Nonresidential COA CCOA 1 6. Historic Neighborhood Conservation Overlay COA NCOA 8. APPLICATION FEES AND MATERIALS A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an estimate.
N1
Noticing Materials Page 1 of 1 Revision Date 1-05-16
Required Forms: N1 Recommended Forms: Required Forms:
NOTICING MATERIALS
Notice is required for certain projects in order for citizens to participate in decision making which affects
their interests and provides opportunity to receive information pertinent to an application that would
not otherwise be available to the decision maker.
SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST MINOR
SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project
site, attached to this checklist.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and
addresses of the adjoining property owners.
MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project
site and not physically contiguous (touching a boundary) to the subdivision, attached to this
checklist. Clearly label list ADJOINER NOT CONTIGUOUS.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and
addresses of the adjoining property owners.
Legible list of full names and addresses of all property owners physically contiguous (touching
a boundary) including recorded purchasers under contract for deed to be sent certified mail
attached to this checklist. Clearly label list CONTIGUOUS.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and
addresses of the physically contiguous property owners including recorded purchasers under
contract for deed.
Two sets additional mailing labels with the names and addresses of the physically contiguous
property owners including recorded purchasers under contract for deed attached.
NOTICE
Current property owners of record can be found at the Gallatin County Clerk and Recorder’s Office in
the Gallatin County Courthouse 311 West Main Street Bozeman, Montana.
CERTIFICATION
I, _____________________________________________, hereby certify that, to the best of my knowledge, the
attached name and address list of all adjoining property owners (including all condominium owners,
within 200 feet of the property located at ________________________________________________________, is a true
and accurate list from the last declared Gallatin County tax records. I further understand that an
inaccurate list may delay review of the project.
_______________________________________
Signature
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
Block Lot Owner Address City State Zip
18 1 Christine & Benjamin Thomas 1189 Meagher Ave Bozeman MT 59718
18 2 Wolf Meagher Property LLC 3430 Fen Way Unit 15 Bozeman MT 59718
18 3 Kenneth Spencer & David Smith 1145 Meagher Ave Bozeman MT 59718
18 16 Aaron & Erin Vaughn 1152 Pin Ave Bozeman MT 59718
18 17 Jeffery & Vanessa Stevens 1176 Pin Ave Bozeman MT 59718
18 18 Jason & Janice Parker 1192 Pin Ave Bozeman MT 59718
19 9 Scott Alexander 1176 Meagher Bozeman MT 59718
19 10 Scott Alexander 1176 Meagher Bozeman MT 59718
19 11 Jason & Jazmin Price 1194 Meagher Bozeman MT 59718
19 12
John & Denise Landsiedel & Curt &
Michelle Saari 1208 Meagher Bozeman MT 59718
19 13 Gregory & Olga Michael 53 Forest Glen Rd Longmeadow MA 1106
19 14 Michael Wright 1238 Meagher Bozeman MT 59718
19 15 Angela Lee 103 Alton Way Bozeman MT 59718
19 16 Kyle Mckenzie 2144 Curtis St Denver CO 80205
19 17 Kodi Kingsbury & Jody Eames 1294 Meagher Ave Bozeman MT 59718
20 4 Justing & Jenifer Gerber 3641 Laduke St Bozeman MT 59718
20 5 Rhett Tschache 3657 Laduke St Bozeman MT 59718
20 6 Melissa Ward 3669 Laduke St Bozeman MT 59718
20 7 Christopher Raser 3675 Laduke St Bozeman MT 59718
20 8 Blake Hertzog 3683 Laduke St Bozeman MT 59718
20 9 Equity Trust Co 945 Antelope Ridge Rd Belgrade MT 59714
20 10 Billy Reynolds 3713 Laduke St Bozeman MT 59718
20 11 Aniko Nelson 3725 Laduke St Bozeman MT 59718
Oak Springs Subdivision Phase 1
Block Lot Owner Address City State Zip
18 1 Christine & Benjamin Thomas 1189 Meagher Ave Bozeman MT 59718
18 2 Wolf Meagher Property LLC 3430 Fen Way Unit 15 Bozeman MT 59718
18 3 Kenneth Spencer & David Smith 1145 Meagher Ave Bozeman MT 59718
18 16 Aaron & Erin Vaughn 1152 Pin Ave Bozeman MT 59718
18 17 Jeffery & Vanessa Stevens 1176 Pin Ave Bozeman MT 59718
18 18 Jason & Janice Parker 1192 Pin Ave Bozeman MT 59718
19 9 Scott Alexander 1176 Meagher Bozeman MT 59718
19 10 Scott Alexander 1176 Meagher Bozeman MT 59718
19 11 Jason & Jazmin Price 1194 Meagher Bozeman MT 59718
19 12
John & Denise Landsiedel & Curt &
Michelle Saari 1208 Meagher Bozeman MT 59718
19 13 Gregory & Olga Michael 53 Forest Glen Rd Longmeadow MA 1106
19 14 Michael Wright 1238 Meagher Bozeman MT 59718
19 15 Angela Lee 103 Alton Way Bozeman MT 59718
19 16 Kyle Mckenzie 2144 Curtis St Denver CO 80205
19 17 Kodi Kingsbury & Jody Eames 1294 Meagher Ave Bozeman MT 59718
20 4 Justing & Jenifer Gerber 3641 Laduke St Bozeman MT 59718
20 5 Rhett Tschache 3657 Laduke St Bozeman MT 59718
20 6 Melissa Ward 3669 Laduke St Bozeman MT 59718
20 7 Christopher Raser 3675 Laduke St Bozeman MT 59718
20 8 Blake Hertzog 3683 Laduke St Bozeman MT 59718
20 9 Equity Trust Co 945 Antelope Ridge Rd Belgrade MT 59714
20 10 Billy Reynolds 3713 Laduke St Bozeman MT 59718
20 11 Aniko Nelson 3725 Laduke St Bozeman MT 59718
20 12 AMATO SANDI LVNG TRT DTD 6/6/2008 9290 WARDLEY PARK LN Brentwood TN 37027-4465
17 1 CORBIN JERAD & COLLEEN 1189 PIN AVE Bozeman MT 59718-6113
Oak Springs Subdivision Phase 1
Stopka Triplex Zone Map Amendment - Project Narrative
3611, 3623 & 3635 Laduke St, Bozeman, MT
a) The new zoning designation of R-3 is in accordance with the growth policy, it is surrounded by
existing R-3 zones and promotes density rather than sprawl.
b) The new zoning does not change the fire safety and other dangers from the existing zone.
c) Public health, safety and general welfare will be promoted by maintaining a residential zone
designation but increasing the density.
d) The new zone does not change the ability to facilitate adequate provision of transportation,
water, sewerage, schools, and parks from previous zone designation.
e) The new zone, although increasing density, will still provide adequate provisions of light and air,
the lot size and orientation allow for equal amounts of south and north light between the units,
and adequate yard space.
f) The new zoning should not affect the transportation systems from previous zone designation,
whether designated r-2 or r-3, there would likely be 3 units on the three lots.
g) Again, the new zone promotes density and therefor is compatible with urban growth.
h) The surrounding areas consist of R-2 and R-3 zones, the new zoning of the three lots will make
the entire block 20 of Oak Springs sub an R-3 zone.
i) This area is suited for residential zone and will remain so.
j) The adoption of the new zone will allow it to be feasible to build on the three remaining lots.
Without this zoning change the three lots will likely sit as empty lots for years to come.
k) Again, the rest of Block 20 in Oak springs Subdivision is classified as R-3, this zoning change will
make it consistent with typical zoning designations and is certainly the more appropriate zone
for the three remaining lots on this block.
R-3 ZONING R-2 ZONING
C101
2
(e)R-3 ZONING (e)R-2 ZONINGPROPOSED
R-3 ZONING PROPERTY BOUNDARYPROPERTY BOUNDARY
LADUKE STREET
60' ROW
LOT 1
3611 LADUKE ST
5,238 SF
CITY SIDEWALK
BLVD
5.0'10.0'OAK STREET
MEAGHER AVENUE
60' ROW
LOTS 1-3, BLOCK 20,
OAK SPRINGS SUBDIVISION
TOTAL LOT AREA = 11,706 SF
(.269 ACRES)
LOT 2
3623 LADUKE ST
3,234 SF
LOT 3
3635 LADUKE ST
3,234 SF
BLVD
BLVD
CITY SIDEWALK CITY SIDEWALK5.0'10.0'PROPERTYBOUNDARYPROPERTYBOUNDARY1° 08' 58"129.34'SW89° 51' 04"
25.00'
S W89° 51' 04"
25.00'
N E 89° 51' 04"
39.08'
S W
89° 52' 25"
41.95'
N E89° 52' 25"
25.00'
N E89° 52' 25"
25.00'
S W
1° 09' 56"129.35'SE1° 09' 56"129.34'NW1° 09' 56"129.33'SEPROPOSED R-3 ZONING
LOT 4
3641 LADUKE ST
3,234 SF
89° 51' 04"
25.00'
N E
89° 52' 25"
25.00'
S W
1° 09' 56"129.35'SE406.209.5674sara@eecmt.comwww.eecmt.comDRAWN BY:CHECKED BY:PROJECT#:DATE:STOPKA TRIPLEXPRELIMC101SMSM04/15/201616C-0013611,3623, & 3635 LADUKE ST.BOZEMAN, MT 59718N
(24"X36") 1" = 60'-0"1 EXISTING ZONING DESIGNATION
0' 10' 20'50'
(24"X36") 1" = 30'-0"2 PROPOSED ZONING DESIGNATION
(24"X36") 1" = 10'-0"3 SITE PLAN
CITY OF BOZEMAN
ENGINEERING DEPARTMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2280
fax 406-582-2263
skohtz@bozeman.net
www.bozeman.net
MEMORANDUM
------------------------------------------------------------------------------------------------------------------------------
TO: DEVELOPMENT REVIEW COMMITTEE, MITCH WERBELL
FROM: SHAWN KOHTZ, DEVELOPMENT REVIEW ENGINEER
RE: STOPKA ZONE MAP AMENDMENT (#16-380)
DATE: 10-18-16
------------------------------------------------------------------------------------------------------------------------------
The following comments pertain to review of the submitted materials for the above referenced
project:
Advisory Comments
1. Upon future development, City standard sidewalks must be constructed along Meagher Avenue
and Laduke Street where adjacent to the property boundary. The future development applicant
or lot owner must construct the sidewalks. Future development includes any development that
requires a site plan or a building permit. No action is required for the proposed zone map
amendment to address this item.
CC. ERF
Project File
From:Ben Thomas
To:Mitchell WerBell
Cc:Chris Mehl; Chris Saunders
Subject:Re: Application 16380 Stopka Zone Map Amendment
Date:Tuesday, October 18, 2016 10:31:30 AM
Mitch, thank you very much for the timely and detailed response. I honestly appreciate the input
and the time it took to provide such a detailed explanation, especially since I’ve only lived in
Bozeman a little over a year. It maintains the positive image I’ve always had of the city since I first
came here in 1984.
I’ll take some time to digest the information you provided and decide if I wish to submit a formal
protest. Thank you for explaining that process as well.
Cheers!
Ben
From: Mitchell WerBell <MWerBell@BOZEMAN.NET>
Date: Tuesday, October 18, 2016 at 9:31 AM
To: "'benjamlt@hotmail.com'" <benjamlt@hotmail.com>
Cc: Chris Mehl <CMehl@BOZEMAN.NET>, Chris Saunders <csaunders@BOZEMAN.NET>
Subject: RE: Application 16380 Stopka Zone Map Amendment
Mr. Thomas,
My name is Mitch WerBell. I am the project planner for Application 16380. Thank you for your
comment and concerns about the proposed rezoning.
When the Oak Springs subdivision was platted, the zoning boundary associated with the original
annexation was not corrected. There are a significant number of split-zoned lots in Oak Springs.
Block 20 was planned and platted as a townhome block with individual property boundaries running
through attached structures. As you are aware, that block is mostly constructed with the exception
of the remaining three lots across the street from you. I met with the property owner about his
desire to construct three townhomes on those lots as water and sewer stubs already exist to serve
the three lots, however the R-2 zoning only permits two attached townhomes. There are several
options for further development under the current zoning. If the R-2 zoning remains, two
townhomes may be constructed with administrative approval. However, this would leave a small
vacant lot that would be essentially unbuildable.
If the zoning is changed to R-3, any further development still requires review through the Building
and Planning Divisions prior to a final building entitlement. You are correct that a four household
dwelling is an allowed use in R-3. Designing a four household dwelling meeting parking, drive
access, backing distance and floor area requirements would be challenging and would require lot
aggregation. At the administrative Planning review stage, staff analyzes building permits for
conformance with all applicable zoning regulations. Parking requirements are based on the number
bedrooms in each structure. All parking requirements must be met prior to plan approval. All
required parking will likely have to be provided off-street given the anticipated site vision triangle
issues and separation standards from the intersection of an arterial and a local street. Staff is
supporting the map amendment to correct a previous error and allow the block to be fully
constructed as it was originally planned.
I’d be happy to discuss this zone map amendment in further detail with you if you would like to give
me a call or set up a meeting. With regard to your question about protest and public comment, you
have several options and the City encourages input from the public. You may formally protest the
proposed change in writing or at a public hearing during the public comment period on an
application. You may choose to do both if you wish. All written public comment will be forwarded to
Zoning Commission and City Commission members. The Zoning Commission will make a
recommendation on the application to the City Commission.
I apologize for the lengthy email. If you have additional questions, please do not hesitate to contact
me.
Thank you.
Mitch L. WerBell | Assistant Planner
Bozeman MT | Department of Community Development | P.O. Box 1230 | Bozeman, MT 59771
P: 406.582.2285 | E: mwerbell@bozeman.net | W: www.bozeman.net
From: Ben Thomas [mailto:benjamlt@hotmail.com]
Sent: Monday, October 17, 2016 4:23 PM
To: Planning <Planning@BOZEMAN.NET>
Subject: re: Application 16380 Stopka Zone Map Amendment
I am the homeowner at 1189 Meagher Ave, opposite of Lots 1-4, Block 20 Oak Springs Subdivision
on Laduke Street. I read the public notice regarding a proposed zoning change from R-2 to R-3. If
the change is approved and a 4-plex (or similar) placed on that location, there would be no room
off-street parking. Given that the location is a corner lot with roads on 3 sides (Oak, Meagher and
Laduke), that means space for parking an additional 6-8 vehicles would stretch along Laduke (on the
side of my house) or along Meagher (in front of my house). Given the amount of on-street parking
currently used by the residents along Laduke, the change would have a significantly negative effect
on the area.
Do I need to be present at the meeting on 21 November in order to oppose this change or is there
another way to formally protest the change?
Thank you.
Benjamin Thomas
1189 Meagher Ave
Bozeman MT 59718
406-577-3755
City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art.
II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code
Annotated. As such, this email, its sender and receiver, and the contents may be available for public
disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain
confidential information such as information related to individual privacy may be protected from
disclosure under law.