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HomeMy WebLinkAbout08-21-18 Zoning Commission Minutes Zoning Commission Tuesday, August 21st, 2018 at 6:00 PM | City Hall, Commission Chamber – 121 N. Rouse Avenue A. 06:05:55 PM (00:00:03) Call Meeting to Order & Roll Call Present Were:  Chris Scott  George Thompson  Erik Garberg (Chair)  Deputy Mayor Chris Mehl (Commission Liaison)  Julien Morice B. 06:06:07 PM (00:00:15) Changes to the Agenda C. 06:06:18 PM (00:00:26) Approve Meeting Minutes  6.5.18 Minutes PDF o 6.5.18 Video Link 06:06:24 PM (00:00:32) MOTION to approve the meeting minutes from June 5th, 2018: George Thompson 06:06:53 PM (00:01:01) MOTION SECONDED 06:07:04 PM (00:01:12) VOTE: All in Favor – Motion Carries Unanimously D. 06:07:11 PM (00:01:19) Public Comment – Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please limit your comments to three minutes. E. Action Items 1. 06:08:14 PM (00:02:22) Maple Terrace ZMA 18217 (Jadin) A Zone Map Amendment application requesting amendment of the City Zoning Map to rezone .67 gross acres / 29,210 square feet from R-1 Residential Low Density to R-O Residential Office as allowed by Section 38.260.100 of the Bozeman Municipal Code.  18217 Staff Report  18217 Application Materials Planner Addi Jadin provided an overview of the proposed Zone Map Amendment, reviewing the Growth Policy Designation and current zoning. Jadin explained that if the amendment was approved to R-O zoning, the primary use would need to be residential (over 50% of the floor area of the structure). Jadin also reviewed the zoning criteria of the evaluation and public comment received. 06:20:17 PM (00:14:25) Board members held a Q&A session with staff regarding the application. 06:28:59 PM (00:23:07) Matt Ekstrom with Morris Maierle made a statement on behalf of the applicant that they are in agreement with staff regarding the report and the recommended contingencies of approval on p. 6 of 16 on the staff report. 06:30:39 PM (00:24:47) 18217 Maple Terrace Public Comment: 06:30:44 PM (00:24:52) Beth Deshazo (515 N. 18th Ave) commented that she has lived at the property for 45 years and that she is concerned with public safety and the impact on traffic. Deshazo requested that the application be denied. 06:33:09 PM (00:27:17) Mary Dell Joiner (705 Blackmore Pl.) protested against the application due to the resulting non-uniform zoning (spot zoning) in that area, should the application be approved. Joiner also stated that the zone change would go against subdivision covenants. 06:36:35 PM (00:30:43) Judy Locker (1705 Durston Rd) commented that when she and her husband purchased their property, they were assured that it was single family households only. Locker stated that she protests the application. 06:41:37 PM (00:35:45) Mark Peterson (621 N. 17th Ave) commented that the proposed zone change does not fit with surrounding development and that he felt the change was being proposed to maximize profit on the sale of the lot. 06:43:04 PM (00:37:12) Bob Locker commented that he felt the lot was overpriced for residential use, which is why the applicant is requesting a zone change. 06:45:22 PM (00:39:30) Staff is given the opportunity to provide additional information based on the Public Comment received. Planner, Jadin provided some clarifying information regarding spot zoning and Director of Community Development, Martin Matsen explained that the City does enforce HOA regulations. A general discussion followed among staff and board members. 06:54:27 PM (00:48:35) MOTION – having reviewed and considered the information presented in the staff report, public comment and all information presented, I hereby adopt the findings presented in the staff report for application 18217 and move to recommend approval of the Maple Terrace Zone Map Amendment with contingencies required to complete the application process: Julien Morice. 06:54:53 PM (00:49:01) MOTION SECONDED: George Thompson 06:55:02 PM (00:49:10) DISCUSSION: Zoning Commission members discussed the proposed projects and took turns providing feedback regarding the application. 07:04:12 PM (00:58:20) VOTE: Motion Carries: 3-1 2. 07:08:04 PM (01:02:12) Rainbow Creek Annexation 18240 (Garber) Annexation of approximately 2.29 acres and amendment to the City Zoning Map for the establishment of a zoning designation of R-5 “Residential Mixed-Use High Density.”  18240 Staff Report  18240 Application Materials  18240 Aggregated Public Comment 07:08:04 PM (01:02:12) Planner Danielle Garber reviewed the proposed annexation application, zoning criteria of evaluation and the public comment received. 07:16:51 PM (01:10:59) Garber responded to questions from Zoning Commission members. 07:33:12 PM (01:27:20) Chris Budeski, project engineer from Madison Engineering spoke on behalf of the applicant. 07:40:32 PM (01:34:40) Project applicant asked for support for the application. 07:45:56 PM (01:40:04) Garber provided a clarification regarding the Baxter / Davis intersection. Following, Garber addressed more questions from Zoning Commission members. 07:49:09 PM (01:43:17) 18240 Rainbow Creek Public Comment 07:49:36 PM (01:43:44) EJ Hook (4634 Danube Ln) made comment opposing the project as he didn’t feel the area was appropriate. 07:54:51 PM (01:48:59) Tom Clark (4152 Pambol Bridge Rd, Belgrade) spoke in favor of the proposed annexation, commenting that housing is not affordable. 07:58:04 PM (01:52:12) William Darden (4518 Drafthorse Dr.) commented that they oppose the removal of mature spruce trees on the SE side of the subject property due to the trees acting as a wind break and natural habitat for local wildlife. Darden added that he’s concerned about the high density zone proposed and the traffic impacts. 08:00:51 PM (01:54:59) Mike Virgibin (4559 Danube Ln) made comments opposing the proposed annexation, citing spot zoning. 08:04:15 PM (01:58:23) Kevin McKenzie (4651 Danube Ln) protested the application due to the fact he felt that the area should continue to be R1 zoning and that R5 would be spot zoning. 08:07:25 PM (02:01:33) Greg Kajowa (4532 Drafthorse Dr.) protested the proposed annexation application due to the R5 zoning. Kajowa read an excerpt of code which specified where R5 zoning is most appropriate. 08:11:38 PM (02:05:46) Angela Hinds (4616 Danube Ln) protested the proposed annexation, arguing that high density housing was not compatible with the area. 08:13:39 PM (02:07:47) Barkley Hook (4634 Danube Ln) opposed the proposed the annexation due to the impact it would have on her property. 08:15:58 PM (02:10:06) Naomi Peterson spoke on behalf of the property owner at 4526 Drafthorse Ln. Peterson protested the application stating that the area should remain exclusively residentially zoned. 08:16:29 PM (02:10:37) Scott Vonger (4600 Danube Ln) protested the application and stated he echoed the sentiments made by his neighbors. Vonger argued that high density zoning belongs near commercially zoned areas and read an excerpt from Bozeman’s Municipal Code. 08:17:46 PM (02:11:54) Greg Prithm (4687 Baxter Ln) protested the annexation and the proposed zone. Prithm voiced concerns regarding traffic and parking. 08:18:49 PM (02:12:57) Melissa Summerfield (4525 Drafthorse Dr.) protested the annexation and proposed zone. Summerfield asked Zoning Commission members to consider the growth and character of Bozeman. 08:21:01 PM (02:15:09) Brian Gallik of Gallik, Bremer & Molloy (777 E. Main St.) has been asked to represent some of the affected land owners. Gallik commented that R5 zoning didn’t exist when the last Growth Policy was approved and that the area in question should be used as residential only. 08:26:33 PM (02:20:41) Zoning Commission members directed clarification questions toward staff and allowed the applicant to respond to some of the public comments received. 08:28:53 PM (02:23:01) MOTION - having reviewed and considered the information presented in the staff report, public comment and all information presented, I hereby adopt the findings presented in the staff report for application 18240 and move to recommend approval of the Rainbow Creek Zone Map Amendment with contingencies required to complete the application process: Julien Morice. 08:29:33 PM (02:23:41) MOTION SECONDED: George Thompson 08:29:41 PM (02:23:49) DISCUSSION – Zoning Commission members discussed the motion and took turns providing feedback. 08:43:52 PM (02:38:00)VOTE: Motion Fails: 1 For; 3 Against. F. 08:44:26 PM (02:38:34) FYI/Discussion 1. Meeting Topics for Open Agendas (or Future Agenda Items) G. 08:44:41 PM (02:38:49) Adjournment For more information please contact Tom Rogers at TRogers@bozeman.net This board generally meets the first and third Tuesday of the month at 6:00pm Zoning Commission meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301).