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Home My WebLink About12-18-18 Zoning Commission Minutes (Draft) Zoning Commission Tuesday, December 18th, 2018 at 6:00 PM | City Hall, Commission Chamber – 121 N. Rouse Avenue A. 06:04:23 PM (00:00:36) Call Meeting to Order & Roll Call Present were:  Paul Spitler  Chris Scott  Erik Garberg (Chair)  Deputy Chris Mehl (Commission Liaison) B. Changes to the Agenda C. 06:03:49 PM (00:00:02) Approve Meeting Minutes  11.20.18 Minutes (PDF) o 11.20.18 Video Link 06:03:55 PM (00:00:08) MOTION to approve the meeting minutes from November 20, 2018: Chris Scott. 06:04:01 PM (00:00:14) MOTION SECOND Paul Spitler 06:04:06 PM (00:00:19) VOTE All in favor - Motion Carries Unanimously, 3-0. D. 06:04:40 PM (00:00:53) 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. Mountain Vista ZMA 18438 (Pope) Mountain Vista zone map amendment application requesting amendment of the City Zoning Map for an existing lot consisting of approximately 2.63 acres / 114,624 square feet from R-2 Residential Moderate Density to R-4 Residential High Density. The property is generally located at the intersection of West Babcock Street and Michael Grove Avenue, addressed as 2928 West Babcock Street, Bozeman, MT 59715.  18438 Staff Report  18438 Application Materials  18438 Public Comment  18438 Posting Notice – mailed within 200 ft. 06:05:50 PM (00:02:03) Planner Melissa Pope provided an overview of the proposed Zone map Amendment application, reviewing the growth policy designation and current zoning. Pope provided history of parcel and previous annexation and initial zoning requests from 2001 and again in 2005. She described the MCA zoning review criteria and project evaluation by staff. To date, 11 letters of Protest, one letter of public comment in opposition and one letter of inquiry had been received by the Planning Division. The City Commission will review this application on January 7, 2019. 06:10:30 PM (00:06:43) Planner Pope provides additional information regarding the Babcock Meadows Subdivisions Phase 1 and Phase 2B, the properties immediately adjacent to the subject parcel to the east, west and south, which was not included in the staff report. Many properties within the Babcock Meadows Phase 1 and Phase 2B are restricted to residential development of single family homes. Notes on the recorded plat contain this restriction. 06:15:09 PM (00:11:22) Zoning Board members inquired further about the plat notes and development restrictions in the Babcock Meadows Subdivision, the reasons for why initial R-4 zoning in 2001 was denied, and the differences between permitted building heights in the R-2 and R-4 zoning district. Deputy Mayor Mehl clarified that project Protest thresholds have been met. 06:27:33 PM (00:23:46) Applicant’s representative Matt Hausauer presenting on behalf of C&H Engineering and Surveying, 1091 Stoneridge Drive, discusses the project history. Property owner, Ryan Macintosh, speaks to his recent ownership. Mr. Hausauer discusses the changes in the city from the original R-4 zoning request in 2001 to present, and the potential density of development. 06:32:51 PM (00:29:04) 18438 Mountain Vista ZMA public comment: 06:33:20 PM (00:29:33) Katie Barrett, 202 Donna Avenue, commented in opposition of the application, included remarks that the staff report only included comments on certain aspects of the growth policy that are in favor of the application and omitted growth policy objectives that would not be in favor of the application. The needs of the property owners within close proximity should be considered greater than the needs of the community as a whole. R-4 zoning is not compatible in this neighborhood. 06:37:14 PM (00:33:27) Joseph Little, 222 Kathryn Court, commented in opposition of the application, provided remarks on the environmental implication of the potential future development of the site and their likely impacts on the adjacent watercourse and ground water. 06:40:22 PM (00:36:35) Steve Drab, 228 Kathryn Court, commented in opposition of the application, commented that high density housing will impact their welfare including light pollution and noise. 06:41:50 PM (00:38:03) Robin Hompesch, 234 Kathryn Court, commented in opposition of the application, primarily spoke to the existing built environment of the neighborhood being primarily single family homes and the current building heights being one level and that the subject neighborhood is diverse enough. 06:46:13 PM (00:42:26) Dan Aune, 217 Lillian Way, commented in opposition of the application, included discussion of vehicular traffic concern and the intensification of traffic could yield greater pedestrian/vehicle conflicts, especially with school-aged children. 06:47:58 PM (00:44:11) Krista Drab, 228 Kathryn Court, commented in opposition of the application, that the neighborhood has diversity already and single family homes are preferred, and that the safety of the entrance in to the subject property should be reviewed. 06:49:49 PM (00:46:02) Clara Sprig, buying property on Donna Avenue, commented in opposition of the application, generally commenting that the conditions of Babcock Street are worse than in 2001, and there is no R-4 in the area. 06:51:14 PM (00:47:27) Casey Lutz, 2006 West Babcock Street, commented in opposition of the application, included comments regarding the traffic concerns from Babcock Street and that adding more congestion on to Babcock Street will be challenging for everyone due to the number of vehicles and driveway/road accesses onto Babcock Street. 06:52:31 PM (00:48:44) Public hearing closed. 06:52:53 PM (00:49:06) Applicant’s representative Mr. Hausauer speaks to the Collector Street and Level of Service operation of West Babcock Street. He responds to the development constraints of the project site regarding the stream setback. 06:55:25 PM (00:51:38) Zoning Commission members and Planner Pope discuss the adjacencies of R-3 zoning districts to R-4 districts, and side and rear yard development setbacks of the property. 06:59:12 PM (00:55:25) MOTION having reviewed and considered the information presented in the staff report, application materials, public comment and all information presented, I hereby adopt the findings presented in the staff report for application 18-438 and move to recommend approval of the Mountain Vista Zone Map Amendment with contingencies required to complete the application process: Chris Scott 06:59:38 PM (00:55:51) MOTION SECOND Paul Spitler 06:59:42 PM (00:55:55) DISCUSSION Zoning Commission members discussed the proposed project and took turns provided feedback regarding their review of the application and the motion. 07:04:58 PM (01:01:11) VOTE Motion carries 2-1 2. Nexus Point ZMA 18449 (Rosenberg) Nexus Point zone map amendment requesting amendment of the City Zoning Map for an existing lot consisting of approximately 20.18 acres / 879,041square feet from B-P Business Park to R-O Residential Office. The property is generally located southwest of the Stucky Road and S. 19th Avenue intersection.  18449 Staff Report  18449 Application Materials 07:06:53 PM (01:03:06) Planner Rosenberg provided a description of the application and details the analysis of the zoning criteria of evaluation. No public comment has been received to date, the City Commission will review this application on January 7, 2019. 07:10:31 PM (01:06:44) There were no questions from the Zoning Commission members for staff. 07:11:00 PM (01:07:13) Chris Budeski of Madison Engineering, representing the applicant, made a presentation detailing the adjacent properties and the likely development/access plans on the subject parcel, including sewer and water availability and road access. The application is requesting R-O zoning. 07:14:47 PM (01:10:59) Mr. Garberg asked Mr. Budeski if the applicant considered the REMU zoning district and Mr. Budeski stated that his client requested that Madison Engineering apply for R-O. 07:15:45 PM (01:11:57) Mr. Budeski wanted to address condition of approval no. 2 on Page 6 of the staff report and mention that the comment regarding Graf Street likely was meant to say “Lantern”. 07:16:41 PM (01:12:53) No public comment. 07:17:12 PM (01:13:25) MOTION having reviewed and considered the information presented in the staff report, application materials, public comment and all information presented, I hereby adopt the findings presented in the staff report for application 18-449 and move to recommend approval of the Nexus Point Zone Map Amendment with contingencies required to complete the application process: Paul Spitler 07:17:28 PM (01:13:41) MOTION SECOND Chris Scott 07:17:32 PM (01:13:45) DISCUSSION Zoning Commission members discussed the proposed project and took turns provided feedback regarding their review of the application and the motion. 07:18:22 PM (01:14:35) VOTE All in favor - Motion Carries Unanimously, 3-0. F. FYI/Discussion 1. Meeting Topics for Open Agendas (or Future Agenda Items) 2. Other Updates 07:18:44 PM (01:14:56) No FYI/Discussion items. G. 07:18:43 PM (01:14:56) 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).