HomeMy WebLinkAbout05-03-26 Public Comment - Harvest Creek HOA Board of Directors - Hanson Lane App 25775 Annexation and Zoning From: Contact Harvest Creek Owners"Association
To: Bozeman Public Comment
Subject: [EXTERNAL]Hanson Lane App 25775 Annexation and Zoning
Date: Sunday,May 3,2026 9:39:26 PM
Attachments: 2026 05 04 Publi Comment Hanson Lane SiQned.odf
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Hello,
Please find attached the Harvest Creek Owners'Association 11-page public comment
for the Hanson Lane App 25775 Annexation and Zoning. This comment is in response to
Agenda Item N. of the upcoming May 5th City Commission meeting.
Thank you,
Harvest Creek HOA Board of Directors
HARVEST CREEK
OWNERS' ASSOCIATION
Bozeman,MT 59718
May 4, 2026
The Honorable Joey Morrisson
Deputy Mayor Fischer
Commissioners Madjic, Bode and Sweeney
City of Bozeman
City Hall - Commission Room
121 N Rouse Ave
Bozeman, Montana 59715
Re: Commission Meeting of May 5, 2026,Agenda Item Number N
N.1 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an
Initial Zoning Designation of R-3 Residential Medium Density District(R-B Residential Mixed
Use Low-Medium), for 9.979 Acres, the Hanson Lane Annexation, Located North of Durston
Road and East of Hanson Street, Application 25775
Messrs. Mayor and Deputy Mayor, and Commissioners:
These comments are provided in response to the Hanson Lane Annexation and Zone Map
Amendment, Planning File 25-775. The Hanson Lane property is currently in the County
and zoned SRR, Semi-Rural Residential. It is directly adjacent to Harvest Creek
subdivision to the east. Harvest Creek(Phases V XI)was established in 1999 as a single
family residential community and is comprised of approximately 79 acres. It is home to
300 families and residents. Beyond this to the east are earlier phases of the Harvest Creek
residential subdivision, which contribute to the residential character and development
pattern of the area. Collectively Harvest Creek includes 523 homes. Sidewalks
throughout provide pedestrian access. Street parking is allowed pursuant to City
ordinances. Harvest Creek has historically been designated as R1 (for over 25 years), and
is now designated R-A—Residential Low under the recently amended City's Unified
Development Code.'
The Harvest Creek community does not oppose the proposed annexation of the Hanson
Lane property. We understand the City is growing to the west. Nor does the community
I On December 16,2026,the City Commission adopted an updated Unified Development Code,which repealed and replaced the entirety of
Chapter 38,and the associated zoning map,with an effective date February 1,2026.See also Staff Report for Hanson Lane Annexation,No.
25775,Map 3:Current Zoning Map(before Feb. 1',2026)and Map 4:Current Zoning Map(on and after Feb. I',2026)pages 8-9.
oppose alternatives to the predominantly single family homes in the surrounding area,
such as townhomes and duplexes. However residents have grave concerns and strongly
oppose the proposed Zone Map Amendment that will allow a significantly higher density
and different uses than the existing surrounding residential uses, including multiple multi-
unit buildings with up to 8 units that may tower over the existing residences with the now
allowable 4-story height, obstructing air, light, and views. The Hanson Lane Zone Map
Amendment is incompatible with the character of the surrounding residential area, fails to
promote public health and safety due to the inadequate road network to support the
density proposed, and amounts to spot zoning.
For these reasons, and those explained below, Harvest Creek respectfully requests the
City Commission deny the Hanson Lane Zone Map Amendment. In the alternative,
Harvest Creek believes that the information provided herein at the very least warrants the
City Commission adopt a zoning designation different than applied for and the same as
the zoning designation for the immediately surrounding properties, that is R-A—
Residential Low. Given this, we ask that the City Commission continue the hearing
scheduled for this Zone Map Amendment on May 5, 2026, so that the Commissioners can
give thoughtful consideration to the impacts addressed herein and the mitigation afforded
by the alternatively proposed zoning designation of R-A—Residential Low, which is
consistent with the surrounding area, both Harvest Creek and Cottage Park.
Spot Zoning
There is no single, comprehensive definition of spot zoning applicable to all
fact situations. Generally, however, three factors enter into determining
whether spot zoning exists in any given instance. First, in spot zoning, the
requested use is significantly different from the prevailing use in the area.
Second, the area in which the requested use is to apply is rather small. This
test, however, is concerned more with the number of separate landowners
benefited by the requested change than it is with the actua lsize of the area
benefited. Third, the requested change is more in the nature of special
legislation. In other words, it is designed to benefit only one or a few
landowners at the expense of the surrounding landowners or the general
public.2
2Little v Bd.of Co.Cmmrs.,193 Mont.334,346,631 P.2d 1282,1289(1981)(internal citations omitted).
As noted above, Harvest Creek, immediately to the east of the Hanson Lane property, is
designated R-A—Residential Low.' Immediately to the west of the proposed Hanson Lane
Zone Map Amendment, the property was zoned R-2, and now appears also to be R-A—
Residential Low as well.' This is the Cottage Park development. The maps included in
the Staff Report illustrate the current low density residential development pattern in this
area.5As recognized by the Staff Report, there is R-A zoning immediately adjacent to the
east and west of the Hanson Lane property.'As a result, the Hanson Lane property is
completely surrounded by this R-A—Residential Low zoning, and should have the same
zoning. To the contrary, it is being treated differently than the neighboring properties,
and will result in an island of higher density, significantly taller buildings and different
uses with the R-B designation, which is Residential Mixed Use Low-Medium. Given this,
the first test of spot zoning is met.
While Harvest Creek recognizes the need for additional infill housing, such housing
should not be exponentially different than what exists in the area and should be supported
by existing infrastructure and services. It should not be to the detriment of the existing
property owners. The City's Unified Development Code now allows buildings zoned R-B
zone to be up to 45 feet tall, which allows 4 story buildings.' Coupled with the allowable
density of 8 dwelling units per building and a minimum density of 8 dwelling units per
acre$, the density is significantly greater than exists in surrounding area. The Staff Report
attempts to justify the proposed higher density zoning by pulling into its analysis multiple
other zoning designations that are not in the immediate area nor adjacent to the Hanson
Lane property. These other higher density zoning designations are also significantly
different from the current R-A—Residential Low zoning in the immediate vicinity of
Harvest Creek and Cottage Park. This further underscores the first element of spot
zoning is met.
Spot zoning is "the process of singling out a small parcel of land for a use classification
totally different from that of the surrounding area, for the benefit of the owner of such
property and to the detriment of other owners."'The owner of the Hanson Lane property
is applying for a zoning designation, R-B —Residential Mixed Use Low-Medium, that is
exponentially different from that of the surrounding area, R-A—Residential Low zoning.
3Staff Report for Hanson Lane Annexation,No.25775,Map 4:Current Zoning Map(on and after Feb.0,2026)page 9.
'Staff Report for Hanson Lane Annexation,No.25775,Map 3:Current Zoning Map(before Feb. 1",2026)and Map 4:Current Zoning Map(on
and after Feb.I'_2026)pages 8-9.
'Id.
Staff Report for Hanson Lane Annexation,No.25775,page 36.
'Unified Development Code Section 38.210.030
x Id.
e Hartshorne v City of Whitefish,2021 MT 116,116,404 Mont. 150,486 P3d 693(quoting State ex rel.Gutkoski v.Langbor,160 Mont.351,
353,502 P.2d 1144,1145(1972)).
This higher density zoning designation would only benefit that owner, to the detriment of
the other owners in the surrounding area as further explained below.
While the use generally remains residential, the type of residential uses allowed under RB
differ significantly from the uses allowed under the current zoning in this area, which is
RA. R-A Residential Low zoning allows single-unit dwellings, accessory dwelling units,
duplexes, townhouses, and rowhouses with up to 2 units. This is compatible with the
transition zone to the west and remaining rural residential properties in the County. By
comparison, the R-B district also allows those, as well astriplexes, fourplexes, and multi-
unit dwellings with up to 8 units. This is a 300% increase in allowable density. This
allowed density is significantly greater than the surrounding area, and is of significantly
contrasting character, in particular as compared with the single family residential use to
east. This is not a gradual and predictable increase. It is an exponential increase that is not
supported by the existing transportation infrastructure.A development like Cottage Park
to the west, also zoned R-A Residential Low, is more compatible with the density and
uses in the surrounding area, and that is the zoning that should be applied to the Hanson
Lane property.
The 9.979-acre Hanson Lane property is small geographically as compared to the
immediately adjacent—79-acre Harvest Creek and the surrounding area zoned RA. In
addition, only one landowner will benefit from the Zone Map Amendment, the applicant,
to the detriment of the Harvest Creek community, and surrounding landowners. This
Zone Map Amendment falls squarely within special legislation designed to benefit the
applicant at the expense of the surrounding landowners and the general public.10 While a
single owner benefitting does not automatically create spot zoning, "the numbers of
separate landowners affected by the rezoning directly relates to whether the zoning
constitutes special legislation designed to benefit only one person."i1 Here, there is one
owner benefied, with many more landowners who will be affected by this rezoning,
including the whole of Harvest Creek (525 units).
Contrary to benefitting, the surrounding landowners will be subject to additional impacts
resulting from the exponentially higher density that will affect Durston Road, a minor
arterial, which is already highly trafficked and dangerous. Fowler Lane, expected to be
continued through via this proposed Hanson Lane development, is only two-lanes, with
no turn lanes. The extension of Fowler Lane and a proposed roundabout at Annie Lane—
making it a throughway will further impact public health and safety. These roads cannot
t 0Little v.Board of County Commis,193 Mont.334,346,631 P.2d 1282,1289,1981 Mont.LEXIS 784,*19-20,
"North 93 Neighbors,North 93 Neighbors,Inc.v Bd.of Co.Commis.,2006 MT 132,¶68(citing Boland,275 Mont.at 134,910 P.2d at 894).
support the level of density resulting from the R-B zoning designation- Residential
Mixed Use Low-Medium, which again could allow a 300% increase over the
immediately adjacent R-A zoning. This will exacerbate already unsafe road conditions, in
particular taking into consideration the use by Emily Dickenson Elementary School
children and Gallatin High School students who use this transportation infrastructure to
get to school by foot, bicycle, and car, not to mention the families that run, walk, and bike
in this area to the area parks and recreation. There are certainly areas of the City better
suited to this level of density, with the transportation infrastructure to support it. The
proposed Zone Map Amendment is clearly spot zoning and we request the City
Commission deny the proposed zoning designation in favor of a consistent zoning
designation of R-A Residential Low zoning.
In addition, these comments are provided in response to the Hanson Lane Annexation and
Zone Map Amendment, Planning File 25-775.As stipulated in the Public Notice and City
Code, the application will be reviewed against the municipal zoning criteria of state law,
76-2-304, Montana Code Annotated.12 Those criteria are as follows.
76-2-304. Criteria and guidelines for zoning regulations. (1) Zoning
regulations must be:
(a) made in accordance with a growth policy; and
(b) designed to:
(i) secure safety from fire and other dangers;
(ii) promote public health, public safety, and the general welfare; and
(iii) facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements.
(2) In the adoption of zoning regulations, the municipal governing body shall
consider:
(a) reasonable provision of adequate light and air;
(b) the effect on motorized and nonmotorized transportation systems;
(c) promotion of compatible urban growth;
(d) the character of the district and its peculiar suitability for particular uses; and
'Z Unified Development Code Sec.38.770.020.The city must evaluate the criteria of MCA 76-25-304(2)when considering amendments affecting
zoning.
(e) conserving the value of buildings and encouraging the most appropriate use
of land throughout the jurisdictional area. 13
The BozemanMT 2025 Community Plan ("Community Plan" or"Plan") serves as
the City's Growth Policy14, and the proposed R-B —Residential Mixed Use Low-
Medium Zone Map Amendment must be made in accordance with that Plan. This means
that the Amendment must be made in substantial compliance with the Plan.15 For the
reasons addressed herein, the proposed zoning designation does not substantially comply
with the Plan.
The Plan expressly provides that "Zoning Amendment Review must be fair to all, allow
for identification and resolution of concerns, and provide meaningful opportunities for
participation."16 This is what Harvest Creek requests, a meaningful opportunity to
participate and resolution of concerns. The Staff Memo failed to mention the 61 public
comments submitted to the Community Development Board for its April 20, 2026
meeting. To date at least 85 comments have been submitted. Ignoring those public
comments does not allow for meaningful participation nor resolution. `Be inclusive:
prioritize broad consultation to create a sense of shared ownership in decision making" is
among the Plan's Goals, Objectives, and Actions.17 We ask that you, City Commissioners,
do just that, be inclusive and take these comments and those that you receive and hear in
the public hearing on May 51 into consideration and meaningfully address them by
continuing the public hearing, and by determining that R-A would be the more
compatible zoning designation for the Hanson Lane property.
The Plan expressly acknowledges that "zoning also addresses the balance of interests
between adjacent properties by defining districts where similar uses can be compatible
and providing for transitions and buffers between zoning districts where the City
determines it is necessary to control impacts and prevent the use of one person's property
right from inappropriately impacting another." This compatibility is precisely what the
Harvest Creek neighbors are requesting. There is no transition or buffer and the proposed
R-B zoning is plopped squarely in the center of long standing R-1 (now R-A) zoning. The
designation also will create an island of higher density and up to 45'tall buildings among
"Sec.38.770.020.-Amendments;investigation requirements.
A. ...The city must evaluate the criteria of MCA 76-25-304(2)when considering amendments affecting zoning.
14 Contrary to the provisions of City of Bozeman Resolution 2025-71,section 6,this plan is not"available on the City's website". The
City's website links to the 2020 Community Plan. Any references in this comment to the 2020 Plan are intended include the 2025 Plan
also.
"Hartshorne v City of Whitefish,2021 MT 116,¶19,404 Mont. 150,486 P.3d 693(quoting Heffernan v Missoula City Council,2011 MT 91,¶
79,360 Mont.207,255 P.3d 80)("A governing body must substantially comply with its growth policy in making zoning decisions."))
16BozemanMT 2025 Community Plan,Zoning Amendment Review,page 66.
17 Id.at page 25,Theme 1,Goal/Action R-1.3.
a sea of residential one and two story single family and duplexes, which rely on the City's
already strained transportation network in this area.
The Plan also provides a Goal, Objective, and Action to "Ensure that strategies directly
address the reduction of risk to human well-being,physical infrastructure, and natural
systems."18 Fowler and Durston are simply not capable of handling the increased density
allowed by the R-B zoning and this lack of physical infrastructure will increase the risk to
human well-being, in particular taking into consideration the Emily Dickenson
Elementary School children and Gallatin High School students who use these roads and
the area sidewalks and trails to get to school, and the parents and others who use these
transportation systems to take their kids to school, travel to work, and recreational
opportunities in the area.
We acknowledge the Plan's Goals to "promote housing diversity, including missing
middle housing, increase required minimum densities in residential districts, and revise
the zoning map to lessen areas exclusively zoned for single-type housing"19 Those Goals
can be accomplished with the a R-A zoning designation, which allows some diversity in
housing types and an increase in density over what currently exists in the surrounding
area, and is not "exclusively zoned for single-type housing."The Plan's Goals to support
urban development within the City"20 and to "promote the development of"Missing
Middle" housing (side by side or stacked duplex, triplex, live-work, cottage housing,
group living, rowhouses/townhouses, etc.) as one of the most critical components of
affordable housing"21 can be accomplished with the R-A zoning designation which allows
for duplexes, townhouses, and rowhouses with up to 2 units, in addition to single-unit
dwellings, and accessory dwelling units.22
With the surrounding area zoned R-A, the proposed R-B zoning designation does not
"enable a gradual and predictable increase in density in developed areas over time"which
is another Goal of the Plan.23 Nor does it"continue to recognize and honor the unique
history, neighborhoods, neighborhood character, and buildings that contribute to
Bozeman's sense of place through programs and policy led by both City and community
efforts." While Harvest Creek is not a historic neighborhood, its 500 plus homes
contribute to the west side neighbor character.
11 Id.at page 25,Theme 1,Goal/Action R-2.2.
19BozemanMT 2025 Community Plan,Theme 2,Goals/Actions N-1.1,N-1.2,N-1.3.
20 Id.at Theme 3,Goal DCD-1.
21Id.at Theme 2,Goal/Action N-3.8.
22Unified Development Code Section 38.210.030
2313ozemanMT 2025 Community Plan,Zoning Amendment Review,page 29.
The Plan acknowledges growth should be "oriented on centers of employment and
activity"24 and support for"higher density development along main corridors and at high
visibility street corners to accommodate population growth and support businesses."25
The Plan also has as Goal to "prioritize mixed-use land use patterns. Encourage and
enable the development of housing,jobs, and services in close proximity to one
another. ,2' This Hanson property is not located in or near a center of employment or a
main business corridor. It is not close to jobs or services. The surrounding area is low
density residential, and increased density that affords a"gradual and predictable increase
in density" in accordance with the Plan is what we are seeking with the R-A designation
instead of the incompatible R-B zoning designation.
The Plan provides for evaluation and pursuit of"joint mitigation of development impacts
across multiple developments" as well as evaluation of'increasing the number of stories
allowed in centers of employment and activity while also directing height transitions
down to adjacent neighborhoods." These Plan Goals/Actions are also consistent with a R-
A designation instead of the incompatible R-B zoning designation.
We understand the Plan Goals to "prioritize annexations that enable the incremental
expansion of the City and its utilities" and to "keep rural areas rural and maintain a clear
edge to urban development that evolves as the City expands outwards" and to "encourage
annexation of land adjacent to the City prior to development and encourage annexation of
wholly surrounded areas."27 We agree completely with "incremental expansion" and offer
that the transitional density allowed by the R-A zoning designation (duplexes,
townhouses, and rowhouses with up to 2 units) is consistent with that, and with providing
a transition between the existing surrounding R-A zoning and the Hanson Lane property.
In terms of the Future Land Use Map and the Urban Neighborhood designation for the
Hanson Lane property, we offer that it is not in "proximity to commercial mixed use
areas to facilitate the provision of services and employment opportunities without
requiring the use of a car"28 which again is not supportive the higher density afforded by
R-B zoning, and the R-A zoning is more compatible with and appropriate for this
residential area of the City. The Staff Memo in addressing the Future Land Use Map in
the Bozeman Community Plan (BCP) 2025 designation of the property as "Urban
Neighborhood", fails to note that R-A is also an implementing zoning district.Again, we
are merely seeking the incremental expansion encouraged by the Community Plan.
24 Id.atTheme 3,Goal DCD-2.
'Id.at Theme 3,Goals/Actions DCD-2.2.
26 Id.at Theme 5,M-1.1.
27BozemanMT 2025 Community Plan,Theme 7,Goals/Actions RC-3.2,RC-3.3,RC-3.4
2"Id.at Future Land Use Map—Land Descriptions,Urban Neighborhood.
In terms of securing safety from fire and other dangers, promoting public health,
public safety, and the general welfare, and facilitating the adequate provision of
transportation, water, sewerage, schools, parks, and other public requirements for
the reasons addressed above, the exponential increase in density (300% over the
surrounding R-A zoning) allowed R-B zoning would not be consistent with securing
safety, nor promoting the public health, public safety, and general welfare, and this higher
density zoning will not facilitate the adequate provision of transportation given the
limitations of the existing streets in the vicinity, Durston and Fowler in particular. Harvest
Creek is aware that when the traffic backs'up, congestion will be displaced to Harvest
Creek interior subdivision roads, which is contrary to promoting public health, public
safety, and the general welfare.
Reasonable provision of adequate light and air would be afforded by the R-A zoning
designation, consistent with the surrounding area. The additional height and density
allowed under the R-B zoning will be contrary to this, in particular considering multiple
multi-unit buildings with up to 8 units that may tower over the existing residences with
the now allowable 4-story height, obstructing air, light, and views.
The effect on motorized and nonmotorized transportation systems, Durston and
Fowler, as well as Harvest Creek interior roads has been addressed above and the effect
will be adverse as these roads do not have the capacity to serve the exponential increase
in density afforded by the R-B zoning.
As acknowledged by the Plan,people who participated in Plan preparation "consistently
stated a desire for safe and accessible streets that support and encourage a variety of
transportation preferences including walking, bicycling, transit, and driving."29 This is
precisely what the Harvest Creek neighbors are seeking, and this is not supported by the
proposed zoning designation of R-B.As noted above, Fowler and Durston are simply not
capable of handling the increased density allowed by the R-B zoning.
The R-B zoning designation is simply not compatible growth, nor is compatible with the
existing character of the area. A zoning designation of R-A—Residential Low,
consistent with the surrounding area, would be compatible.30 The character of the area
and its peculiar suitability for particular uses and conserving the value of existing
residential building and encouraging the most appropriate use of land also support the
adoption of R-A—Residential Low rather than the proposed R-B —Residential Mixed
Use Low-Medium.
='BozemanMT 2025 Community Plan,Zoning Amendment Review,page 20.
"See Staff Report for Hanson Lane Annexation,No.25775,Map 3:Current Zoning Map(before Feb. 11,2026)and Map 4:Current Zoning Map
((on and after Feb. 1 n,2026)pages 8-9.
Based on the foregoing, we respectfully submit that the City Commission cannot adopt
the zone map amendment as the amendment is not in substantial compliance with the
Plan as described at length above.31
We also submit that unless and until the City Commission acknowledges and addresses
the impacts resulting from the zone map amendment herein and in the significant public
comment in this matter(at least 85 comments to date), it will not have complied with the
Plan nor will it have fully considered those impacts and comments.32
As addressed at length above, the proposed R-B zoning for the Hanson Lane property
will result in new and increased impacts to local facilities and services than those
addressed in the Plan as this zoning designation allows an exponential increase in density
on former County lands.''
Conclusion
On behalf of the Harvest Creek neighbors, we ask you to be mindful of the purposes of
the City Code "to protect the public health, safety and general welfare; to recognize and
balance the various rights and responsibilities relating to land ownership, use, and
development and other rights identified in the United States and State of Montana
constitutions, and statutory and common law, comply with the Montana Land Use
Planning Act as may be amended from time to time; to implement the city's adopted land
use plan; and to meet all requirements of law' in making your decision.34 We also note
that the City Code provides the minimum requirements adopted for the promotion of the
health, safety and general welfare of the community."
The Harvest Creek community does not oppose the proposed annexation of the Hanson
Lane property. We understand the City is growing to the west. Nor do the neighbors.
"Sec.38.770.020.-Amendments;investigation requirements.
D.The governing body may not adopt or amend a zoning regulation,zoning map amendment,or subdivision regulation unless the governing
body finds that:
1.The regulation or map amendment is in substantial compliance with the land use plan;and
"Sec.38.770.020.-Amendments;investigation requirements.
D.The governing body may not adopt or amend a zoning regulation,zoning map amendment,or subdivision regulation unless the governing
body finds that:
2.The impacts resulting from development in substantial compliance with the proposed zoning or subdivision regulation or amendment to the
zoning map have been made available for public review and comment and have been fully considered by the governing body.
"Sec.38.770.020.-Amendments;investigation requirements.
D.The governing body may not adopt or amend a zoning regulation,zoning map amendment,or subdivision regulation unless the governing
body finds that:
3.Determine whether the proposed zoning or subdivision regulation or amendment to the zoning map results in new or increased impacts to or
from local facilities,services,natural resources,natural environment,or natural hazards from those previously described and analyzed in the
assessment conducted for the land use plan
34Sec.38.100.040.A
"Sec.38.100.050.-Interpretation as minimum requirements.
oppose alternatives to the predominantly single family homes in the surrounding area,
such as town homes and duplexes. However the requested zoning designation of R-B
cannot be adopted in a vacuum, disregarding the lack of substantial compliance with the
Plan, and to the detriment of public health, safety and welfare as addressed at length
above. The Hanson Lane Zone Map Amendment proposed zoning designation of R-B is
incompatible with the character of the surrounding residential area (zoned R-A) and we
respectfully request that the City Commission use its discretion to adopt the same zoning
as in the surrounding area, that is R-A, to "enable a gradual and predictable increase in
density" as contemplated by the Community Plan in this transitioning area of the City.
Thank you.
Harvest Creek wners'Association
Bv:
Huds n J Hart, President