HomeMy WebLinkAbout11-21-16 CC Mtg - A2. Ordinance 1968 Provisional, Stopka ZMA16380, Staff Report for the Stopka Zone Map Amendment Page 1 of 18
Application 16380, City Commission Staff Report for the Stopka Zone
Map Amendment
Public Hearing Dates: Zoning Commission public hearing was continued from November 1 to November 15, 2016. City Commission public hearing is 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: Approve the Stopka Zone Map Amendment Application 16380, as recommended by the Zoning Commission, and provisionally adopt Ordinance 1968.
City Commission Recommended Motion: “Having reviewed and considered the text of the ordinance, staff report, application materials, public comment, the deliberations and recommendation of the Zoning Commission at the November 15, 2016 Zoning Commission meeting and all information presented, I hereby adopt the findings presented in the staff report for Application 16380 and move to provisionally adopt Ordinance 1968, the Stopka Zone Map Amendment.”
Report Date: November 16, 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 (ZMA) application to rezone four lots comprising 0.343 acres from R-2, residential two-
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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 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 of 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. The Zoning Commission was originally scheduled to hold a public hearing and consider the application on November 1, 2016. The meeting was cancelled and this item was continued to November 15, 2016. The Zoning Commission unanimously passed a motion recommending this ZMA for approval by the City Commission with the findings presented in the staff report. The video record of the November 15, 2016 Zoning Commission public hearing will be available at http://www.bozeman.net/Departments/Administration/City-Commission/Streaming-Video/Archives. This project is on an accelerated schedule because the applicant provided all the required materials for processing of the ZMA prior to the action of the City Commission on the project. Ordinance 1968 was drafted following receipt of the materials and is included for provisional adoption at the November 21, 2016 City Commission public meeting. Public comment was received on this application and attached to this report. Additional information is included in Appendix B.
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Alternatives 1. Adopt the amendment as requested; 2. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; 3. Deny the amendment and consider a zoning designation different than what has been requested by the applicant and continue the item for a minimum of one week to allow the applicant to consider options, and whether to protest the possible action as required under 38.37.030.D.2 BMC; 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.
TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................................ 1 Unresolved Issues ................................................................................................................................... 1 Project Summary..................................................................................................................................... 1 Alternatives ............................................................................................................................................... 3 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 ................................... 17 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ........................................... 17 FISCAL EFFECTS .......................................................................................................................................... 18 ATTACHMENTS ........................................................................................................................................... 18
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SECTION 1 - MAP SERIES
Figure 1 – Current zoning
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Figure 2 – Split zoning detail
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Figure 3 – Subject property, looking southwest from Oak Street
Figure 4 – Subject property, looking northwest from Meagher Avenue
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Figure 5 – Three mid-block attached townhomes
Figure 6 – Block character along Oak Street
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Figure 7 – Zone Map Amendment Exhibit
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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. None. The applicant provided all materials necessary for the processing of this Zone Map Amendment.
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 and recommended approval 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 was scheduled to hold a public hearing on this Zone Map Amendment on November 1, 2016. The meeting was formally cancelled due to the lack of a quorum and this item was continued to November 15, 2016. The Zoning Commission held a public hearing on November 15, 2016 and voted 4-0 to recommend the City Commission approve the Stopka Zone Map Amendment with public comment offered at the hearing. The video record of the November 15, 2016 Zoning Commission public hearing will be available at http://www.bozeman.net/Departments/Administration/City-Commission/Streaming-Video/Archives. 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
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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 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. The R-2 district only allows townhomes in two unit configurations. This would leave one of the three lots too small for a detached home and without a partner to be a townhome. A small unbuildable lot such as would result is not consistent with the character of the existing residential neighborhood.
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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 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. Any development of the subject property requires review by the City of Bozeman, and the property is subject to all state and local regulations including the Bozeman Unified Development Code, which protects 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; and to implement the City's adopted growth policy.
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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 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. The installation of sidewalk around the subject properties will be required 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-
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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 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. The 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 of 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.
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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 was originally planned for townhomes. The current zoning prevents development of the parcels in this manner.
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 boundaries are remnants 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
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the application on October 19, 2016 and did not identify any regulatory or infrastructure constraints that would impede the rezoning, and recommended approval. State law requires a final report from the Zoning Commission prior to the City Commission taking final legislative action on a Zone Map Amendment. The Zoning Commission was originally scheduled to hold a public hearing on this amendment at its November 1, 2016 meeting. The meeting was formally cancelled due to the lack of a quorum for making an official recommendation and this amendment was continued to the November 15, 2016 meeting. The Zoning Commission conducted a public hearing on the request at its November 15, 2016 meeting and forwarded a unanimous recommendation of approval to the City Commission for legislative action on November 21, 2016. The video record of the November 15, 2016 Zoning Commission public hearing will be available at http://www.bozeman.net/Departments/Administration/City-Commission/Streaming-Video/Archives. 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 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 U.S. 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. Three public comments were 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.
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An additional item of public comment was received on November 7, 2016. The commenter requests the denial of the Zone Map Amendment over concerns with parking, building height, neighborhood compatibility, property values and zoning amendments after purchasing property.
Staff response: Parking requirements are consistent across residential uses
with the exception of the R-5 district. Amending the zoning from R-2 to R-3 on
the will not change the requirement for one on-site parking stall per bedroom.
While Laduke Street does not permit on-street parking due to the vision
triangle conflicts with townhome driveways, a couple of on-street stalls exist
between yellow striped curbing along Meagher Avenue. The Meagher Avenue
local street cross section allows for on-street parking which is common along
low-volume, low-speed local street systems in urban areas.
The zoning findings above discuss the difference in height allowance between
the R-2 and R-3 zones. R-3 zoning does permit up to 6 additional feet in height
with the maximum allowed height of 42 feet in comparison to 36 feet in the R-2
district. With regard to neighborhood character, R-3 zoning allows a bit more
flexibility for the construction of attached dwellings on individual lots. If the
properties are rezoned, the three remaining lots could host three attached
townhomes up to a maximum of 120 feet in width. The subdivision was platted
with design flexibility in mind for potential purchasers of individual or multiple
25 foot wide lots on Block 20. The block has been significantly completed by
townhome development and it is anticipated that this trend will continue on
the remaining three lots. Adjusting the zoning designation to R-3 is consistent
with the growth policy and should facilitate additional flexibility in completing
the block. R-2 and R-3 zoning share most of the same permitted uses. During the November 15, 2016 Zoning Commission public hearing, a member of the public spoke during the public comment period with the same concerns outlined in the letter received by staff on November 7, 2016. Staff responded on the record to some of the concerns of the public commenter. The Zoning Commission amended the motion to include the public testimony and voted 4-0 to recommend the City Commission approve the Stopka Zone Map Amendment. Staff met with the commenter and other members of the public following the Zoning Commission meeting and discussed residential zoning and building permits. If any additional public comment is received prior to the City Commission public hearing, it will be forwarded to all commissioners.
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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 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
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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.
Ordinance 1968
Zoning Exhibit
Application Materials
Advisory Engineering Memorandum
Public Comment Email Correspondence
November 7, 2016 Public Comment
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ORDINANCE NO. 1968
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM R-2, RESIDENTIAL TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT TO R-3, RESIDENTIAL MEDIUM DENSITY DISTRICT FOR 0.742 ACRES DESCRIBED AS 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 WITH R-3 ZONING EXTENDED TO THE CENTER LINE OF ALL ADJACENT RIGHTS-OF-WAY.
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, M.C.A. 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 from R-2, Residential Two-Household Medium Density District to R-3, Residential
Medium Density District for 0.742 acres, has been properly submitted, reviewed and advertised;
and
WHEREAS, the Bozeman Zoning Commission held a public hearing on November 15,
2016 to receive and review all written and oral testimony on the request for a Zone Map
Amendment; and
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WHEREAS, upon a vote of 4-0, the Bozeman Zoning Commission recommended to the
Bozeman City Commission that the zone map amendment be approved; and
WHEREAS, after proper notice, the City Commission held its public hearing on
November 21, 2016, to receive and review all written and oral testimony on the request for a
Zone Map Amendment; and
WHEREAS, the City Commission has reviewed and considered the twelve zone change
criteria established in Section 76-2-304, M.C.A., and found the proposed zone map amendment
to be in compliance with the twelve criteria; and
WHEREAS, at its meeting held on November 21, 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
The zoning district designation of the following-described property is hereby designated as
"R-3", Residential Medium Density District:
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 or apparent from visual inspection
of the property.
R-3 zoning extends to the center line of all adjacent rights-of-way.
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.
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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.
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 “Zone Map Amendments.”
Effective Date.
The effective date is thirty (30) days after final adoption of this ordinance on second
reading.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading, at a regular session thereof held on the 21st day of November, 2016.
CARSON TAYLOR
MAYOR ATTEST:
ROBIN CROUGH CITY CLERK
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana, on second reading, at a regular session thereof held on the 5th day of
December 2016. The effective date of this ordinance is January 4th, 2016.
CARSON TAYLOR MAYOR
ATTEST:
ROBIN CROUGH
CITY CLERK APPROVED AS TO FORM:
GREG SULLIVAN CITY ATTORNEY
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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:
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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.
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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
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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
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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
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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.
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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
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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
192
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
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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
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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.
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November 7, 2016
Jason and Janice Parker
1192 Pin Ave
Bozeman, Mt 59718
To Whom It May Concern,
I would like to comment in regards to Application 16380 Stopka Zone Map Amendment.
I believe this request should be denied. It should we denied for four reasons. The first reason it
should be denied is due to lack of parking. The front of these residences is on Oak and parking
is not permitted there. The back side is all driveways and does not allow for any street parking.
The only place there is street parking is on the road opposite and has already seen significant
congestion. There will be little to no room for parking for new residences that are R-2
buildings, let alone with even greater occupancy with R-3. There would be so many vehicles in
such a small area it would become unsafe. Currently people are frequently parking in front of
fire hydrants and by stop signs at corners, where it is illegal to park. Adding higher density
housing would further exacerbate this problem. Due to the lack of parking this request should
be denied.
The second reason this request should be denied is due to the potential larger size that
R-3 zoning permits. A building with a similar sloped roof is permitted to be between 8’-10’
higher in R-3 versus R-2 zoning. This would be a detriment to the neighborhood in appearance
and would result in a decline of the property values of all of the neighboring buildings. The
reason for this would be two fold. First, it would eliminate many other people’s views of the
Bridger Mountains. Views and beauty are why people move to Montana, to eliminate people’s
view by having a significantly higher roof would lower their property’s value and make it more
difficult to sell their property in the future. Second, adding a building or buildings that does not
fit into the overall feel of the neighborhood would also decrease neighboring property values.
It would be an eyesore to have a building that was so much taller than those around it. I would
not want to live in a neighborhood with an odd out of place structure and would not want to
buy a house in a neighborhood with such a building. Therefore, since these structures would
look out of place and decrease property values, as a result, this request should be denied.
The third reason this request should be denied is because of the pretence in which I
bought property in Oak Springs. When I purchased property in Oak Springs I knew that there
would be R-2 zone housing in the neighborhood. I knew as a buyer that R-2 zoning nearby
would lower the value of my home versus a neighborhood with all R-1, but it was a choice I
knowingly made. I bought this property with an expectation that my property would be
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affected by R-2 housing. I believe in a way the city made an unstated contract that I could have
an expectation of what would be built around me and I made decisions based on those
assumptions. To change the zoning of those lots after some people have owned houses and
lots for up to 10 years feels like a breach of contract. When they bought those properties,
which they want to amend, they knew it was R-2. When I bought my property, I knew those
where R-2 zoned and if it had been R-3 at that time I never would have purchased the property
that I did. It is unjust to change it now and to cause the value of my house to decline in order
for a few people to have a benefit. Bozeman should be a city where people can move and
know what expectation to have of what their neighborhood will be like. To change it this late in
the game sets a bad precedent and would lead to mistrust of the zoning commission.
The fourth reason this request should be denied is because of the method that appraisers use
to value properties. Appraisals are made based off of the value of homes within a small area to
each other. R-3 residences are typically smaller and valued at less than R-2. Having lower cost
homes brought in would lower the value of all the homes in the neighborhood.
In conclusion, I do not believe that the benefit of a few should result in the detriment of
many. The benefit they would gain is minute compared to the detriment of many of their
neighbors and the community as a whole. Thank you for taking my comments into
consideration when considering application 16380 Stopka Zone Map Amendment.
Sincerely,
Janice Parker
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