HomeMy WebLinkAbout01-07-19 Public Comment - J. Little - Mountain Vista Zone Map AmendmentFrom: Joseph Little
To: Agenda
Subject: Need this as public recod
Date: Monday, January 07, 2019 5:34:42 PM
Attachments: SR Glen Haven ZMA.doc
Mel,
Even though this was discussed at the Planners Meeting, there is not copy of this as public record,
please include this to the commissioners for Tonight’s meeting.
Thank you
Joe Little
joe@clearbluecommunication.com
406-586-9148 Office
406-599-3233 Cell
Z-05182 Glen Haven ZMA – Staff Report 1
ZONING COMMISSION STAFF REPORT FILE NO. Z-05182
GLEN HAVEN ZONE MAP AMENDMENT
ITEM: ZONING APPLICATION #Z-05182 - AN APPLICATION TO AMEND THE
CITY OF BOZEMAN ZONE MAP TO ESTABLISH AN INITIAL MUNICIPAL
ZONING DESIGNATION ON APPROXIMATELY 2.65± ACRES OF LAND AS
“R-2”, RESIDENTIAL TWO HOUSEHOLD, MEDIUM DENSITY DISTRICT
ON A TRACT OF LAND LOCATED AT 2928 WEST BABCOCK STREET IN
THE W½, W½, NE¼, SW¼ OF SECTION 11, T2S, R5E, PMM, GALLATIN
COUNTY, MONTANA.
APPLICANT: CITY OF BOZEMAN
201 SOUTH WALLACE
BOZEMAN, MT 59715
OWNER: GLEN HAVEN PROPERTIES, INC.
P.O. BOX 1273
BOZEMAN, MT 59771
DATE/TIME: BEFORE THE BOZEMAN ZONING COMMISSION, ON TUESDAY,
SEPTEMBER 20, 2005 AT 7:00 P.M., AND BEFORE THE BOZEMAN CITY
COMMISSION, ON MONDAY, OCTOBER 3, 2005, AT 7:00 P.M., BOTH IN
THE COMMISSION MEETING ROOM, 411 EAST MAIN STREET.
REPORT BY: ERIN GROTH, PLANNER
RECOMMENDATION: CONDITIONAL APPROVAL: R-2
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Project Location:
The subject property is described as being in the W½, W½, of the NE¼ of the SW¼ of section 11, T2S,
R5E, PMM, Gallatin County, Montana, and containing 2.65± acres of land. The property is more commonly
referred to as 2928 West Babcock, and is generally located south of the intersection of West Babcock and
Michael Grove Avenue. Please refer to the vicinity map provided on the following page.
Z-05182 Glen Haven ZMA – Staff Report 2
Staff Recommendation and Contingencies:
Based on the summary review outlined in this staff report, the Planning Office finds that the proposed
Zone Map Amendment application to establish an initial municipal zoning designation on the Bozeman Area
Zone Map for the subject property as “R-2” (Residential Two-Household, Medium Density District) is
appropriate for this property.
If the City Commission chooses to annex the subject property, staff recommends approval of the
proposed R-2 Zoning Map designation, contingent on the following recommendations and terms:
1. That the Ordinance of the Zone Map Amendment shall not be adopted until the Resolution of
Annexation is signed by the applicant and formally approved by the City Commission. If the
annexation is not approved, the application shall be null and void.
2. That the applicant submit a zone amendment map, titled “Glen Haven Zone Map Amendment,” on a
24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area to be
zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the
Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes
and bounds legal description of the perimeter of the subject property, description of the boundaries
of each specific zoning designation, total acreage of the property, acreage of each specific zoning
designation, and adjoining rights-of-way and/or street access easements.
3. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a
metes and bounds legal description and map of the area to be rezoned, which will be utilized in the
preparation of the Ordinance to officially amend the zone map.
Proposal:
The applicant has made application to the Bozeman Planning Office to amend the Bozeman Area Zone
Map to establish an initial zoning designation of “R-2” on approximately 2.65± acres of land situated to the
south of the intersection of West Babcock and Michael Grove Avenue. The applicant’s submittal materials are
attached as Exhibit A.
The applicant has requested annexation of the subject property to the corporate limits of the City of
Bozeman, concurrently with this zone map amendment, in order to develop the property at an urban density, and
to obtain access to municipal infrastructure and public services. Both the review and recommendations of this
Z-05182 Glen Haven ZMA – Staff Report 3
application for a Zone Map Amendment by the Zoning Commission must be contingent on the City Commission
approving the request for annexation, as well as completion of the terms and contingencies of said annexation by
the applicant/landowner.
Background:
The area under consideration is located in Gallatin County Zoning District 1 and is presently zoned
“General Residential.” The property under consideration is currently developed as a single-household residence
with a home occupation.
The proposed amendment would give the property an initial zoning designation of “R-2”
(Residential Two Household, Medium Density). The intent of this district is to provide for one- and two-
household residential development at urban densities within the City in areas that present few or no development
constraints, and for community facilities to serve such development while respecting the residential quality and
nature of the area.
In 2001, the applicant, Springer Group Architects, proposed an original zoning designation of “R-4”
(Residential High Density) which after considerable public opposition was denied by the City Commission.
Since that time, the City of Bozeman acquired an easement relating to the West Babcock improvements and, as
part of that bargaining, agreed to be the applicant for the current Annexation/ZMA. The annexation application
is being reviewed in accordance with MCA, 7-2-4601. Note that for annexations under Part 46, there is no
Resolution of Intent to Annex, no requirement for noticing, and no requirement for a public hearing. Noticing
and review for the Zone Map Amendment, however, is standard.
Based on the findings and conclusion presented herein, staff recommends approval of an initial zoning
designation of “R-2” (Residential Two-Household, Medium Density District) which permits accessory dwelling
units, community centers, family daycare homes, group daycare homes, public and private parks, manufactured
homes on permanent foundations, single-household and two-household dwellings. lities, family day care home,
group day care home, and public parks. The intent of the “R-2” district is to provide for one- and two-household
residential development at urban densities within the City in areas that present few or no development
constraints, and for community facilities to serve such development while respecting the residential quality and
nature of the area. The subject property is surrounded by “R-3” zoning, excluding the small unincorporated
parcel to the northwest. Although the dominant land use surrounding the south, east, and west boundaries is
mainly single-household units, there are also multiple household units in close proximity to the north of West
Babcock. The 2020 Plan encourages that a variety of housing types should be blended to achieve the desired
density with large areas of single type housing being discouraged.
Land Classification and Zoning:
The Land Use Plan Element of the Bozeman 2020 Community Plan designates the property to develop
as “Residential,” which defines areas where the primary use is urban density living quarters with other uses
permitted that complement residential land uses such as parks, low intensity home based occupations, fire
stations, churches, and schools. The dwelling unit density expected within this classification varies. It is
expected that areas of higher density housing would be likely to be located in proximity to commercial centers
to facilitate the broadest range of feasible transportation options for the greatest number of individuals and
support businesses within commercial centers. All residential developments should be arranged with
consideration given to the existing character of adjacent development, any natural constraints such as steep
slopes, and in a fashion that advances the overall goals of the Bozeman 2020 Community Plan.
Z-05182 Glen Haven ZMA – Staff Report 4
The existing land uses and current zoning designations located in the immediate area of the proposed
annexation are:
North: Zoned R-3, Residential Medium Density: Single-Household Residences, Duplexes, Triplexes,
and Multiple-Household Residences, within Willow Subdivision, located across north of West
Babcock Street
South, East, & West: Zoned R-3, Residential Medium Density: Single Family Residences and three
lots to be developed as multi-family residences, on property within Babcock Meadows
Subdivision
* Note that portions of the north and west property lines are adjacent to a county residence, zoned
“General Residential,” County Zoning District 1.
Staff Findings:
The Bozeman Planning Office has reviewed the application for a Zone Map Amendment against the
Bozeman 2020 Community Plan, Bozeman Area Zoning Ordinance, and the twelve (12) criteria established in
Section 76-2-304, Montana Codes Annotated, and offers the following summary-review comments for
consideration by the Zoning Commission and City Commission.
1) IS THE NEW ZONING DESIGNED IN ACCORDANCE WITH THE COMPREHENSIVE
PLAN?
This property is designated “Residential” according to the Bozeman 2020 Community Plan. “R-2”
zoning allows for urban densities consistent with the “Residential” land use designation. According to
the 2020 Plan, the desired density of development must also be balanced against community character,
parks and open spaces, and the desired housing choices of citizens. All residential developments should
be arranged with consideration given to the existing character of adjacent development. “R-2” is
characteristic of adjacent land uses and zoning.
2) IS THE NEW ZONING DESIGNED TO LESSEN CONGESTION IN THE STREETS?
This site is serviced by West Babcock, a designated “Collector Street.” Increased traffic will occur when
development is intensified. As stated previously, the purpose for the annexation request and zone map
amendment is to access municipal infrastructure and public services for the development of the property
at a residential urban density that will be compatible with future land use patterns and development in
the area of this amendment request. During preliminary subdivision plat and/or site plan review of any
development proposal on the property the DRC will identify the impacts to the area’s transportation
network system generated by additional traffic from this site and determine mitigating measures through
recommended conditions of approval to the Planning Board and City Commission.
3) WILL THE NEW ZONING SECURE FROM FIRE, PANIC AND OTHER DANGERS?
The regulatory provisions established in the requested zoning designation of “R-2” in conjunction with
provisions for adequate transportation facilities (interior subdivision roads, primary access and
secondary/emergency access) should adequately address these concerns with future development of the
property. The Bozeman Development Review Committee has already provided preliminary comments
on the development proposal for the property during the annexation review to ensure that provisions are
in place to mitigate any impacts from fire, panic and other dangers. Again, with further development,
Z-05182 Glen Haven ZMA – Staff Report 5
the advisory and decision-making bodies will have the opportunity to ensure protection from fire, panic,
and other dangers through the implementation of the municipal regulatory standards.
4) WILL THE NEW ZONING PROMOTE HEALTH AND GENERAL WELFARE?
The subject property is in the process of being annexed to the City of Bozeman. Municipal
infrastructure (i.e., water and sanitary sewer) and public services (i.e., police and fire protection) will be
available to the subject site if the City Commission grants the annexation request. Generally, the
standards of development and accompanying development review processes will adequately address the
issues of health and general welfare for any zoning designation.
5) WILL THE NEW ZONING PROVIDE ADEQUATE LIGHT AND AIR?
The regulatory standards set forth in the Bozeman Area Zone Code for the requested zoning, R-2, and
provides the necessary provisions (i.e., yard setbacks, lot coverage, open space and building heights),
which are intended to provide for adequate light and air for any proposed development on the subject
property.
6) WILL THE NEW ZONING PREVENT THE OVERCROWDING OF LAND?
The minimum yard setbacks established in the proposed “R-2,” as well as the limitations of lot coverage
for principal and accessory structures, and for off-street parking areas, will maintain the desired percent
of buildable area for individual lots that is sought by the community. Such regulatory standards should
prevent the overcrowding of land.
7) WILL THE NEW ZONING AVOID THE UNDUE CONCENTRATION OF POPULATION?
The “Residential” classification of the Land Use Plan Element of the 2020 Plan allow for a broad range
and mix of residential densities. The actual urban densities of this site will be determined during
subdivision and/or site plan review. Compliance with the regulatory standards set forth in the Zoning
Ordinance for the requested and recommended zoning designations (i.e., setbacks, lot coverage, height
limitations) would aid in providing adequately sized dwelling units to avoid undue concentration of
population.
8) WILL THE NEW ZONING FACILITATE THE ADEQUATE PROVISIONS OF
TRANSPORTATION, WATER, SEWER, SCHOOLS, PARKS, FIRE, POLICE, AND OTHER
PUBLIC REQUIREMENTS?
The property lies within both the Urban Growth Area and the Sewer Service Boundary as defined in the
Bozeman 2020 Plan. An assessment of the impacts to infrastructure, public services, schools, park land,
and other community requirements will be evaluated during preliminary subdivision plat and/or site
plan review, and said impacts identified with development of the property will be mitigated with
recommended conditions of approval by the DRC. The Planning Board and City Commission will have
the opportunity to further evaluate the development of the property during the above-described review
procedures.
9) DOES THE NEW ZONING GIVE CONSIDERATION TO THE PECULIAR SUITABILITY OF
THE PROPERTY FOR PARTICULAR USES?
The subject property is wholly surrounded by the City of Bozeman exclusive of the parcel adjacent to
the Northwest corner. The property is currently developed as a single-household residence with a home
occupation and would be best suited to residential development as determined by the 2020 Plan.
Z-05182 Glen Haven ZMA – Staff Report 6
10) DOES THE NEW ZONING GIVE REASONABLE CONSIDERATION TO THE CHARACTER
OF THE DISTRICT?
The proposed zoning designation of “R-2” is more characteristic of the existing neighborhood than the
“R-4” zoning originally proposed in 2001. The neighborhood is primarily single households in the
immediate vicinity with some two- and three-household dwellings in the general area. To the south of
West Babcock, the majority of homes are single-family, although two lots were permitted to develop as
duplexes. To the north of West Babcock, there are many four-household units, several triplexes and
duplexes, as well as single- household units. The Zoning designation of “R-2,” Residential Two-
Household Medium Density, will better maintain the compatibility and character of the surrounding area
in terms of overall land uses and zoning.
11) WAS THE NEW ZONING ADOPTED WITH A VIEW OF CONSERVING VALUE OF
BUILDINGS?
By virtue of the application for a Zone Map Amendment the applicant does not anticipate a significant
impact on the value of the existing home and outbuildings.
12) WILL THE NEW ZONING ENCOURAGE THE MOST APPROPRIATE USE OF THE LAND
THROUGH SUCH COUNTY AND MUNICIPAL AREA?
This criteria was addressed under criteria number ten (10) above. Based on the Land Use Plan Element
of the Bozeman 2020 Community Plan, the proposed Zone Map Amendment to establish an initial
zoning designation of “R-2” would encourage land uses appropriate to the area contingent on the
recommendations forwarded by the Planning Office as part of this report.
Public Testimony:
As of the writing of this staff report, the City of Bozeman Planning Office has received no written
testimony in opposition to this application.
THE RECOMMENDATION OF THE BOZEMAN ZONING COMMISSION WILL BE FORWARDED
TO THE BOZEMAN CITY COMMISSION FOR A DECISION AT THEIR PUBLIC HEARING
WHICH IS SCHEDULED FOR WEDNESDAY, SEPTEMBER 7, 2005. IN THE CASE OF WRITTEN
PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 20% OR MORE OF THE
LOTS IMMEDIATELY ADJACENT TO OR WITHIN 150 FEET FROM THE STREET FRONTAGE,
THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE
OF THREE-FOURTHS OF ALL MEMBERS OF THE CITY COMMISSION.
Staff report mailed to:
Glen Haven Properties, P.O. Box 1273, Bozeman, MT, 59771
Lowell Springer, Springer Group Architects, 201 South Wallace, Bozeman, MT 59715
The City of Bozeman Attention: Debbie Arkell, PO Box 1230, Bozeman, MT 59771-1230
Z-05182 Glen Haven ZMA – Staff Report 7