HomeMy WebLinkAbout11-20-18 Zoning Commission Minutes
Zoning Commission
Tuesday, November 20th, 2018 at 6:00 PM |
City Hall, Commission Chamber – 121 N. Rouse Avenue
A. 06:03:42 PM (00:00:54) Call Meeting to Order & Roll Call
Present Were:
Christopher Scott
George Thompson (Vice Chair)
Chris Mehl (Commission Liaison)
Paul Spitler
Danielle Garber (City Staff)
Chris Saunders (City Staff)
B. 06:04:14 PM (00:01:26) Changes to the Agenda
C. Approve Meeting Minutes (none)
*Board Members voted to approve the September 18, 2018 Zoning Commission Minutes, which
were previously approved during the Joint Zoning Commission/Planning Board meeting held on
October 16th, 2018.
D. 06:05:10 PM (00:02:22) 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. 06:06:18 PM (00:03:30) 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-4 “Residential High Density.” The property is generally
located east of the intersection of East Baxter Lane and Harper Puckett Road, and addressed as
4555 Baxter Lane, Bozeman, MT 59715.
18240 Staff Report
18240 Application Materials (Original Submittal)
18240 Application Materials (Revised 10-25-18)
18240 Comparison of Uses in R-1 and R-4
06:06:18 PM (00:03:30) City Planner, Danielle Garber provided an overview of the proposed
annexation.
06:07:59 PM (00:05:11) Garber reviewed the Montana Code Annotated (MCA) Zoning Criteria of
Evaluation, including transportation considerations, promotion of compatible urban growth, character
of district and conservation of the value of buildings.
06:16:13 PM (00:13:25) Planner Garber reviewed spot zoning criteria and how this application measures
against said criteria.
06:17:24 PM (00:14:36) Planner Garber reviewed public comment and protest received regarding the
Rainbow Creek Annexation application and reviewed the staff recommendation of approval based on
review criteria.
06:19:24 PM (00:16:36) Planner Garber and Community Development Manager, Chris Saunders
responded to questions regarding the proposed annexation from Zoning Commission members.
06:32:38 PM (00:29:50) Chris Budeski of Madison Engineering presented on behalf of the applicant for
the Rainbow Creek Development. Engineer Budeski explained that they revised the zoning application
request from R5 to R4. He argued that a higher density development in this area would allow for access
to new and upcoming facilities such as the new high school, a new elementary school and the Bozeman
Sports Park.
06:39:56 PM (00:37:08) Project Engineer, Chris Budeski responded to questions from Zoning
Commissioners regarding development possibilities on the proposed site.
06:46:29 PM (00:43:41) Application 18240 Public Comment:
1) 06:46:56 PM (00:44:08) Hook, B. (4634 Danube Ln) – Compatibility with the adjacent Baxter
Meadows West development and compatibility with the existing character of the area. The 50-foot
open space will not be an efficient buffer between the development and their homes, the space is
flat and fences cannot be built. Also, view shed and ownership.
2) 06:51:00 PM (00:48:12) Vongehr, S. (4600 Danube Ln) – Growth Policy, high density should be near
established commercial areas. Character of the area and compliance with the UDC.
3) 06:53:54 PM (00:51:06) Hinds, J. (4616 Danube Ln) – Character of the exiting neighborhood. 50-foot
opens space is flat. Development pattern of Baxter Meadows PUD.
4) 06:55:39 PM (00:52:51) Ellwood, N. (4608 McCafferty St.) – Protest, Developer is playing both sides
of the issue and downplaying what it could be built at and based on the presentation 36 units causes
greater concern.
5) 06:56:46 PM (00:53:58) McKenzie, K. (4651 Danube Ln) - Does not believe it should be annexed at
all. This is spot zoning. Nearby property owners have put their properties up for sale. Baxter
Meadows is a PUD and high-density zoning is already provided. Traffic will be impacted.
6) 07:01:14 PM (00:58:26) Hook, E.J. (4634 Danube Ln) - Elementary school does not serve this
neighborhood. Planned unit community provides predictability and character he wanted when
buying. City tapers zoning density down towards edges. This is a standalone parcel and should be
integrated into the adjacent neighborhood. Nearby Development further from Baxter Meadows
should provide high-density housing.
7) 07:04:44 PM (01:01:56) Kujawa (4532 Drafthorse Dr.) - Agrees with neighbors and protests the
zoning at R-4. Supportive of annexation. Two concerns, the need for additional high-density housing
does not fit this corner of the city. Not compatible with growth policy and is spot zoning.
8) 07:08:52 PM (01:06:04) Darden, B. (4518 Drafthorse Dr.) - The removal of mature trees and bird
nesting will be a detriment to the community. Sidewalk should be extended to connect to existing
sidewalk. R-4 appears to be spot zoning. There may be an impact to City tax revenue.
9) 07:11:14 PM (01:08:26) Bergevin, M. (4559 Danube Lane) – Character of existing PUD, perception
when purchasing and assumption of lower intensity use. Spot Zoning. High Density should be closer
to center of town. Speed limits should be reduced on Baxter. Spoke about 50-foot open space.
10) 07:15:22 PM (01:12:34) Levert, L. (4544 Equestrian Lane) – Distributions of existing density nearby
already. Compatibility with PUD and growth policy. Encourage coordinated design effort between
this parcel and Baxter Meadows. Small size of parcel is inappropriate for R-4. Distance to High
School is almost a mile.
11) 07:19:34 PM (01:16:46) Drake, G. (4582 Danube Ln.) - Baxter Meadows is a planned development
with low-density edges. Compatibility with existing neighborhood character and PUD.
12) 07:22:01 PM (01:19:13) Drake, K. (4582 Danube Ln.) – Concurred with previous Drake comment,
should be low density to match existing neighborhood.
07:22:48 PM (01:20:00) Planner Garber provided some clarifying statements regarding the Baxter
Meadows and Baxter East subdivisions, noting that the phasing and planned density within those
developments will not determine density in future surrounding developments.
07:23:42 PM (01:20:54) Planner Garber responded to a questions regarding concerns with
consistency related to the growth policy and the Unified Development Code as well as the development
possibilities for the site in question.
07:27:59 PM (01:25:11) Community Development Manager, Chris Saunders responded to Deputy Mayor
Mehl’s question asking whether city staff recollected trying to purchase right-of-way in the area and
about the process of acquiring right-of-way during annexation.
07:31:25 PM (01:28:37) 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 number 18240 and move to recommend approval of the Rainbow Creek Zone Map
Amendment with contingencies required to complete the application process.: Chris Scott
07:31:49 PM (01:29:01) MOTION SECONDED: Paul Spitler
07:31:52 PM (01:29:04) MOTION DISCUSSION: Zoning Commissioner Chris Scott spoke to his motion.
Following, Commission Members went around the dais providing feedback regarding the application.
07:41:25 PM (01:38:37) VOTE: All in Favor – Motion Passed 3-0
F. 07:41:44 PM (01:38:56) FYI/Discussion
1. Meeting Topics for Open Agendas (or Future Agenda Items)
2. Other Updates
G. 07:42:05 PM (01:39:17) 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 Gr ay at 582-3232 (TDD 582-2301).