HomeMy WebLinkAbout06 09 2008_Durston House Zone Map Amendment #Z-08072
Report compiled on June 5, 2008
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson Bristor, Associate Planner
SUBJECT: Durston House Zone Map Amendment - #Z-08072
MEETING DATE: Monday, June 9, 2008
RECOMMENDATION: The City Commission approves the zone map amendment, with the two
standard contingencies as listed within the Staff Report.
BACKGROUND: Property owner Larry Pearson, AIA, and applicant Thinktank Design Group,
submitted an application to amend the Bozeman Zoning Map in accordance with Chapter 18.70 of the
Bozeman Unified Development Ordinance. The amendment requests to change the existing zoning
designation of “R-3” (Residential Medium Density District) to “R-O” (Residential Office District) for
3.08 acres located at 1005 West Durston Road. Mr. Pearson desires a reclassification of zoning for his
property in order to create future office space for his architecture firm.
The applicant has laid out the following application process for their development proposal: 1) zone map
amendment requesting a change from “R-3” to “R-O,” 2) site plan application combining the existing
buildings with an appropriate office building(s) in the front half of the property, and 3) growth policy
amendment requesting a designation change from residential to commercial (Business Park or
Commercial). The proposed application order is intended to provide predictability for all review parties,
and to show the City and community that the property owner and applicant truly intends to develop the
site with respect toward the property’s historic integrity.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
FISCAL EFFECTS: Detailed fiscal impacts are undetermined at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Allyson Bristor @ abristor@bozeman.net if you have any
questions.
APPROVED BY:
Andrew C. Epple, Planning Director
Chris Kukulski, City Manager
ATTACHMENTS:
Staff Report
Zoning Resolution
Applicant’s submittal
SHPO letter
Engineering memo
Public Comment
532
DURSTON HOUSE ZONE MAP AMENDMENT
ZONING COMMISSION AND CITY COMMISSION STAFF REPORT FILE NO. Z-08072
Durston House ZMA Staff Report #Z-08072 1
Item: Zone Map Amendment Application #Z-08072, requesting an amendment to
the City of Bozeman Zoning Map to change the existing zoning designation
of “R-3” (Residential Medium Density District) to “R-O” (Residential
Office District) for 3.08 acres located at 1005 West Durston Road.
Property Owner: Larry Pearson
PO Box 3666
Bozeman, MT 59972
Applicant: Thinktank Design Group
600 North Wallace, Loft 3
Bozeman, MT 59715
Date/Time: Before the Bozeman Zoning Commission on Tuesday, June 3, 2008 at 7:00
p.m. and before the Bozeman City Commission on Monday, June 9, 2008 at
6:00 p.m., both located in the Community Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, Montana.
Report By: Allyson C. Bristor, Associate Planner
Recommendation: Approval of the proposed “R-O” zoning with standard contingencies
PROJECT LOCATION
The 3.08-acre subject property is located at 1005 West Durston Road, west of the Durston Road and 7th
Avenue intersection. The property is legally described as WW ¼, SE ¼, Section 1, T2S, R5E, PMM,
Gallatin County, Montana. The property has a historically relevant structure (commonly known as the
“Durston Mansion”), as well as water features along the western and northern boundaries. Please refer
to the below vicinity and zoning map.
533
PROPOSAL
Property owner Larry Pearson, AIA, and applicant Thinktank Design Group, submitted an application
to amend the Bozeman Zoning Map in accordance with Chapter 18.70 of the Bozeman Unified
Development Ordinance. The amendment requests to change the existing zoning designation of “R-3”
(Residential Medium Density District) to “R-O” (Residential Office District) for 3.08 acres located at
1005 West Durston Road. Mr. Pearson desires a reclassification of zoning for his property in order to
create future office space for his architecture firm.
The applicant has laid out the following application process for their development proposal: 1) zone
map amendment requesting a change from “R-3” to “R-O,” 2) site plan application combining the
existing buildings with an appropriate office building(s) in the front half of the property, and 3) growth
policy amendment requesting a designation change from residential to commercial (Business Park or
Commercial). The proposed application order is intended to provide predictability for all review
parties, and to show the City and community that the property owner and applicant truly intends to
develop the site with respect toward the property’s historic integrity.
ZONING DESIGNATION & LAND USES
The 3.08 acres proposed for a change in municipal zoning designation are located within the City of
Bozeman limits and are zoned as “R-3” (Residential Medium Density District).
The following land uses and zoning are adjacent to the subject property:
North: Vacant City of Bozeman land zoned as “R-3.”
South: Vacant City of Bozeman land zoned as “R-1,” (Residential Single-Household, Low Density
District).
East: Vacant City of Bozeman land zoned as “R-3.”
West: Vacant City of Bozeman land zoned as “R-3” (Gallatin County zoned land is west of 11th
Avenue).
GROWTH POLICY DESIGNATION
Durston House ZMA Staff Report #Z-08072 2
534
The subject property is currently designated as Residential on the Future Land Use Map of the
Bozeman 2020 Community Plan. These designations are described as follows:
Residential. This category designates places where the primary activity is urban density
living quarters. Other uses which complement residences are also acceptable such as
parks, low intensity home based occupations, fire stations, churches, and schools. The
residential designation also indicates that it is expected that development will occur
within municipal boundaries which may require annexation prior to development. 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. Low density
areas should have an average minimum density of six units per net acre. Medium
density areas should have an average minimum density of twelve units per net acre.
High density areas should have an average minimum density of eighteen units per net
acre. A variety of housing types should be blended to achieve the desired density with
large areas of single type housing being discouraged. In limited instances the strong
presence of constraints and natural features such as floodplains may cause an area to be
designated for development at a lower density than normally expected within this
classification.
The following growth policy designations are adjacent to the subject property:
North: Residential.
South: Residential.
East: Residential.
West: Residential.
REVIEW CRITERIA & FINDINGS
According to Section 18.70.020 of the Unified Development Ordinance (UDO), the Bozeman Zoning
Commission shall cause to be made an investigation of facts bearing on each zone map amendment
application. The Zoning Commission must provide necessary information to assure that the action of
each zone map amendment application is consistent with the intent and purpose of the UDO.
Specifically, the investigation must address the following criteria as required in Section 76-02-304 of
the Montana Code Annotated:
A. Consistency with the City’s growth policy;
The proposed residential zoning is consistent with the residential growth policy designation.
The proposed zoning meets the goals of the growth policy, included those listed below:
• Goal 4.9.1 Community Design-Create a community composed of neighborhoods
designed for human scale and compatibility in which services and amenities are
convenient, visually pleasing, and properly integrated and designed to encourage
walking, cycling, and mass transit use.
Durston House ZMA Staff Report #Z-08072 3
535
Objective 6. Develop infill within the existing area of the City rather than developing
land requiring expansion of the City’s area.
• Goal 4.9.8, Historic Preservation–Protect historically and culturally significant
resources that contribute to community identity, history, and quality of life.
Objective 5. Combine historic preservation and economic development so as to
encourage owner of historic resources to upgrade and preserve historic properties in a
manner that will conserve the integrity of such properties in the best possible condition.
The applicant’s intent with the proposed zoning designation of “R-O” is to adaptively reuse the
property and preserve the history of the site. It is also the applicant’s intention to submit a
future growth policy amendment application to the Department of Planning & Community
Development, requesting a designation change from residential to commercial (Business Park
or Commercial). The intent of the future application is to allow the majority of existing and
future buildings on the property to be used as office, rather than residential. The applicant is
planning to apply for the growth policy amendment after a site plan application.
B. Lessening of congestion in the streets;
The subject property is bordered on the south by Durston Road, which is designated as a minor
arterial transportation route. It can adequately handle increase traffic numbers that may arise
with the future development of the site. The property is centrally located and will allow for
biking, walking and mass transit opportunities. As the transportation network diversifies,
vehicular congestion in the streets will decrease.
All future development on the subject property will undergo the required site plan review
process and at that time, it will be determined if the major street network is meeting the
required level of services (LOS). Per Chapter 18.02 of the UDO, the City of Bozeman’s has
the authority and power to ask for more than the minimum standards if it ensures the best
service to the public interest.
C. Securing safety from fire, panic, and other dangers;
The regulatory provisions established in all of the proposed zoning designations, in conjunction
with provisions for adequate transportation facilities, properly designed water mains and fire
service lines and adequate emergency exits/escapes, will address safety concerns with any
further site plan development of the property. All new structures and development on the
subject property would be required to meet the minimum zoning requirements for setbacks, lot
coverage, height limitations and lot sizes to ensure the health, safety and general welfare of the
community. Per Chapter 18.02 of the UDO, the City of Bozeman’s has the authority and
power to ask for more than the minimum standards if it ensures the best service to the public
interest.
D. Promotion of health and the general welfare;
Durston House ZMA Staff Report #Z-08072 4
536
Generally, the standards of site plan development, and accompanying building permit
applications, will adequately address the issues of health and general welfare for any zoning
designation.
E. Provision of adequate light and air;
The regulatory standards set forth in the UDO for all of the residential zoning districts will
provide the necessary provisions (i.e., yard setbacks, lot coverage, parkland/open space and
building heights), which are intended to provide for adequate light and air for the surrounding
neighborhood and for all existing and new development on the subject property (including
building interior ventilation).
F. Prevention of the overcrowding of land;
In regards to the proposed residential zoning, the UDO limits the number of people living in a
household to a maximum of four unrelated people (see definition of “household” in Section
18.80.1390). Minimum yard setbacks, height requirements, maximum lot coverage and
required parking are also limiting factors that help prevent the overcrowding of land. Also at
the time of further development, wetland delineation (as described in Chapter 18.48 of the
UDO) will note areas of the subject property that are unacceptable for any form of
development, therefore preventing the overcrowding of the land.
G. Avoiding undue concentration of population;
Future development of the subject property as re-zoned under this proposal will result in a
density increase beyond what currently exists. However, compliance with the regulatory
standards set forth in the UDO and the International Building Code will aid in providing
adequately sized dwelling units to avoid undue concentration of population. According to the
census information for the City of Bozeman the average household size has been declining
from 5.74 in 1930 to 2.48 in 2000. This historical trend is likely to continue and would indicate
that the undue concentration of the population is not a significant issue with any residential
zoning designation.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and
other public requirements;
The Bozeman 2020 Community Plan identifies the subject property as lying within the
Bozeman 2020 Community Plan’s planning boundary (Figure 6-2) and within the Capital
Facilities Overlay District, as shown in the 1998 Wastewater Facility Plan and the recent 2006
update to the plan. The Capital Facilities Overlay District is intended to establish a priority
area for development within the larger scope of the Bozeman 2020 Community Plan future land
use plan. The designation of the Capital Facilities Overlay District designates an area within
the long-range growth area of the City where services would be most efficiently provided in the
near term and where development in the near term would advance the goals of the 2020 Plan.
Engineering Staff did not have any comment regarding the proposed zoning designation, but
did offer comments in regards to the future site plan application. There are water and sewer
main stubs provided to the property. If extension to the water main is required and is over 500
Durston House ZMA Staff Report #Z-08072 5
537
feet in length, then it must be looped. Looping of the main would require construction on the
adjacent property within an easement granted by the neighboring property owner.
Development of the subject property will generate additional traffic. The subject property is
bordered on the south by Durston Road, which is designated as a minor arterial transportation
route in the Greater Bozeman Area Transportation Plan 2001 Update. It can adequately handle
increase traffic numbers that may arise with the future development of the site. The property is
centrally located and will allow for biking, walking and mass transit opportunities
An assessment of the impacts to infrastructure, public services, schools, parkland, and other
community requirements will be evaluated during site plan development of the property. Upon
further development of the property, a water and sewer comprehensive design report, a
stormwater drainage and grading plan, and a traffic impact analysis will be required to ensure
adequate infrastructure capacity and/or define needed upgrades in order to develop.
I. Reasonable consideration to the character of the district;
AND
J. Reasonable consideration to the peculiar suitability of the property for particular uses.
The character of the subject property is primarily agricultural and residential. One large house
and several smaller, accessory buildings exist on the big lot. There is a vast area of open space
in front of the buildings. The most suitable development would preserve the existing buildings
and keep the design of the new development in scale with the existing historic character. Also,
suitable development would preserve some of the existing open space, to provide a buffer
between the historic and new architecture.
The property contains several water features on the western and northern boundaries. All
future development within the area will be subject to, through minimum zoning standards,
certain setbacks along the waterways. Residential uses are subject to water course setbacks and
subject to requirements for dedication of parkland, larger yard setback requirements and a 40-
50% maximum lot area coverage limit.
K. Conserving the value of buildings
The State Historic Preservation Office determined that a cultural resource inventory was not
justified for the site, despite the historic significance of the existing buildings. The applicant’s
primary intention is to preserve the historic integrity of the site. They intend to preserve and
repair the significant house on the property with future site development, as well as some of the
open space. The applicant believes the “R-O” zoning designation will provide an opportunity
to develop an office building that can be more appropriately designed for the site, while still
providing adequate office square footage. Housing that would appear in “R-3” zoning would
likely be dense and out of character for the site.
L. Encouraging the most appropriate use of land throughout the municipality.
Durston House ZMA Staff Report #Z-08072 6
538
The proposed residential zoning designation of this proposal is supportive of the overall intent
of the growth policy in regards to infill and historic preservation practes.
AGENCY REVIEW
The Department of Planning & Community Development requested written summary-review
comments from the Bozeman Development Review Committee and other applicable review agencies
regarding the request for the change in municipal zoning designation. Comments were received by the
State Historic Preservation Office and Engineering Staff, and are enclosed with this report. Additional
comments and/or recommendations received after the date of this report will be distributed to the
Zoning and City Commission at the public hearings.
PUBLIC COMMENT
No public comment was received in regards to this project at the time of this report. If comment is
received at a later date, it will be distributed to the Zoning and City Commission at the public hearings.
STAFF RECOMMENDATION
Should the Zoning and City Commission choose to accept the request to change the existing municipal
zoning designation of “R-3” (Residential Medium Density District) to “R-O” (Residential Office
District) for 3.08 acres at 1005 West Durston Road, the Department of Planning & Community
Development has recommended that the following standard zoning map amendment contingencies:
1. The ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description and a map of the area to be re-zoned,
which will be utilized in the preparation of the ordinance to officially amend the City of
Bozeman Zoning Map.
2. That the applicant submit a zone amendment map to the Department of Planning &
Community Development, titled “1005 West Durston Zone Map Amendment,” within
45 days of approval by the City Commission on: 1.) a 24” x 36” mylar; 2.) an 8 ½” by
11”, or 8 ½” by 14” paper exhibit; and 3.) a digital copy of the area to be zoned,
acceptable to the Planning Office, 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, 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, as
certified by a licensed Montana surveyor and acceptable to the Director of Public
Service. A one-time extension of 45 days may be granted by the Planning Director.
The following comments are offered by Planning Staff as FYI zoning issues at time of site plan
development:
• The primary use of an “R-O” zoned lot is determined by the underlying growth policy
land use designation. Where the district lies over a residential growth policy
designation, the primary use shall be non-office uses; where the district lies over a non-
Durston House ZMA Staff Report #Z-08072 7
539
Durston House ZMA Staff Report #Z-08072 8
residential designation, the primary use shall be office and other non-residential uses.
Primary use shall be measured by percentage of floor area.
• Staff recognizes that the Durston Mansion has several detached, accessory buildings.
Only the floor area of the primary mansion structure may be included in the floor area
calculation when determining the “R-O” uses on the site.
SUMMARY & CONCLUSION
The Department of Planning & Community Development, Development Review Committee and other
local review agencies reviewed the requested zone map amendment, and provided the above comments
as they relate to the review criteria, and recommend approval with the above noted contingencies. The
recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City
Commission for consideration at its public hearing on June 9, 2008. The City Commission will make
the final decision on the application.
IN THE CASE OF PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF
25% OR MORE OF EITHER OF THE AREA OF THE LOTS INCLUDED IN THE
PROPOSED CHANGE; OR THOSE LOTS 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, SUCH AMENDMENT MAY NOT BECOME EFFECTIVE EXCEPT
UPON A FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
CC: Larry Pearson, PO Box 3666, Bozeman, MT 59972
Thinktank Design Group, 600 N. Wallace Avenue, Loft 3, Bozeman, MT 59715
Attachments: Zoning Resolution
Applicant’s Submittal Materials
SHPO letter
Engineering memo
Public comment
540
Durston House ZMA
1
RESOLUTION #Z-08072
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP TO CHANGE THE EXISTING ZONING DESIGNATION
OF “R-3” (RESIDENTIAL MEDIUM DENSITY DISTRICT) TO “R-O” (RESIDENTIAL
OFFICE DISTRICT) FOR 3.08 ACRES LOCATED AT 1005 WEST DURSTON ROAD.
THE PROPERTY IS LEGALLY DESCRIBED AS WW ¼, SE ¼, SECTION 1, T2S, R5E,
PMM, GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of
the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 18.70 of the Bozeman Unified Development Ordinance sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, Larry Pearson and Thinktank Design Group applied for a zoning map
amendment, pursuant to Chapter 18.70 of the Bozeman Unified Development Ordinance, to
amend the City of Bozeman Zoning Map to change the existing zoning designation of “R-3”
(Residential Medium Density District) to “R-O” (Residential Office District) for 3.08 acres
located at 1005 West Durston Road.
WHEREAS, the proposed zoning map amendment request has been properly submitted,
reviewed and advertised in accordance with the procedures set forth in Chapter 18.70 of the
Bozeman Unified Development Ordinance and Title 76, Chapter 2, Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on June 4,
2008, to formally receive and review all written and oral testimony on the proposed zoning map
amendment; and
WHEREAS, one member of the public spoke at the public hearing in regards to the
zoning map amendment request, stating concerns about potential apartment activity with
residential uses and support of the preservation of the house; and
541
Durston House ZMA
2
WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning
map amendment generally complies with the twelve criteria for consideration established in
Chapter 18.70 of the Bozeman Unified Development Ordinance; and
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning
Commission, on a vote of 3-1, officially recommends to the Bozeman City Commission
approval of zoning application #Z-08072 to change the existing zoning designation of “R-3”
(Residential Medium Density District) to “R-O” (Residential Office District) for 3.08 acres
located at 1005 West Durston Road, which is legally described as noted above, subject to the
following standard contingencies:
1. The ordinance for the Zone Map Amendment shall not be drafted until the
applicant provides a metes and bounds legal description and a map of the area to
be re-zoned, which will be utilized in the preparation of the ordinance to officially
amend the City of Bozeman Zoning Map.
2. That the applicant submit a zone amendment map to the Department of Planning
& Community Development, titled “1005 West Durston Zone Map Amendment,”
within 45 days of approval by the City Commission on: 1.) a 24” x 36” mylar; 2.)
an 8 ½” by 11”, or 8 ½” by 14” paper exhibit; and 3.) a digital copy of the area to
be zoned, acceptable to the Planning Office, 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, 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, as certified by a licensed Montana surveyor and
acceptable to the Director of Public Service. A one-time extension of 45 days
may be granted by the Planning Director.
DATED THIS DAY OF , 2008, Resolution #Z-08072
_____________________________ ____________________________
Andrew Epple, Planning Director JP Pomnichowski, Chairperson
Dept. of Planning & Community Development Bozeman Zoning Commission
542
Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman 2020 Community Plan Designation:
11. Gross Area: Acres: Square Feet: 12. Net Area: Acres: Square Feet:
1005 Durston
Larry E. Pearson
larry@pearsondesigngroup.com
406.587.0311406.587.1997
same as above
Thinktank Design Group, INC.
600 N. Wallace Loft #3
brian@thinktank.bz
406-587-4659406-587-3628
A tract of land in the SW1/4 of SE1/4 of section 1, township 2 South,
range 5 East, M.P.M., Gallatin County, Montana
1005 Durston
Zone Map Amendment- Changing the zoning from R-3 to R-O
r-3 / r-o residential
residential
3.03
543
544
545
546
NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.82.020, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.82.020, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 18.76) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.82.02 of the
Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete
and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08)
NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.82.020, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.82.020, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 18.76) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.82.02 of the
Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete
and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08)
Brian Caldwell - Thinktank Design Group,INC.
1005 West Durston
4-11-2008Brian Caldwell Digitally signed by Brian Caldwell
DN: cn=Brian Caldwell, c=US, o=Thinktank Design Group,INC.,
email=brian@thinktank.bz
Reason: I attest to the accuracy and integrity of this document
Date: 2008.04.11 09:32:16 -06'00'
547
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
condominium owners) within 200 feet of the property located at
, is a true and accurate list from the last declared Gallatin County tax
records. I further understand that an inaccurate list may delay review of the project.
Signature
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
condominium owners) within 200 feet of the property located at
, is a true and accurate list from the last declared Gallatin County tax
records. I further understand that an inaccurate list may delay review of the project.
Signature
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
Brian Caldwell - Thinktank Design Group, INC.
1005 West Durston
Brian Caldwell
Digitally signed by Brian Caldwell
DN: cn=Brian Caldwell, c=US, o=Thinktank
Design Group,INC., email=brian@thinktank.bz
Reason: I attest to the accuracy and integrity of
this document
Date: 2008.04.11 09:38:42 -06'00'
548
549
550
Zone Map Amendment for 1005 Durston
2
551
Zone Map Amendment for 1005 Durston
3
§
Brian Caldwell Digitally signed by Brian Caldwell
DN: cn=Brian Caldwell, c=US, o=Thinktank
Design Group,INC., email=brian@thinktank.bz
Date: 2008.04.11 09:41:56 -06'00'
552
Zone Map Amendment for 1005 Durston
4
553
Zone Map Amendment for 1005 Durston
5
554
Zone Map Amendment for 1005 Durston
6
555
Zone Map Amendment for 1005 Durston
7
§
556
Zone Map Amendment for 1005 Durston
8
557
Zone Map Amendment for 1005 Durston
9
558
Zone Map Amendment for 1005 Durston
10
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
Zoning Commission Minutes from June 3, 2008
Page 1
MINUTES
CITY OF BOZEMAN ZONING COMMISSION,
TUESDAY, JUNE 3, 2008
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson JP Pomnichowski called the meeting to order at 7:07 p.m. and directed the secretary
to record the attendance.
Members Present:
JP Pomnichowski, Chairperson
Peter Harned
Warren Vaughan
Nick Lieb (7:27)
Guests Present:
Brian Caldwell
John Tromsness
Beverly Tromsness
Members Absent:
Nathan Minnick (excused)
Staff Present:
Andy Epple, Director of Planning
Chris Saunders, Assistant Director of
Planning
Sean Becker, Commissioner Liaison
Shoni Dykstra, Planning Secretary
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Zoning Commission
and not scheduled on this agenda. Three-minute time limit per speaker.}
Seeing there was no public comment, Chairperson Pomnichowski closed this portion of the
meeting.
ITEM 3. MINUTES OF MAY 20, 2008.
Seeing there were no changes or additions to the minutes, Chairperson Pomnichowski approved
the minutes of May 20, 2008 as submitted.
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z-08072 – (Durston House) A Zone Map
Amendment requested by the owner and applicant, Larry E. Pearson, and
representative, Thinktank Design Group, Inc., requesting to amend the City of
Bozeman Zone Map on 3.08 acres from R-3 (Residential Medium Density District)
to R-O (Residential Office District) for property located at 1005 Durston Road
and legally described as a tract of land in the SW ¼ of SE ¼ of Section 1, T2S,
R5E, P.M.M., Gallatin County, Montana. (Bristor)
575
Zoning Commission Minutes from June 3, 2008
Page 2
Staff Presentation:
Chris Saunders, Assistant Director of Planning, presented the staff report for the Durston House
Zone Map Amendment. He noted the property is 3.08 acres and is currently zoned R-3 with the
applicant proposing a change to R-O. He noted the property consists of two tracts with an
existing historic building on the property. He noted the underlying growth policy designation is
residential. He noted the application was consistent with the Growth Policy and is in compliance
with historic preservation. He noted the property is bordered by Durston on the south and a
future extension of North 11th Avenue. He stated the surrounding land to the north, east, and west
is agricultural. He stated any future proposals would be reviewed through the site plan process
which would address water features within the property. No public comment was received by
Planning Staff. Staff is recommending approval with the standard contingencies.
Questions for Staff:
Chairperson Pomnichowski sought clarification on access to the site and how one entrance
satisfied adequate transportation. Planner Saunders responded access was not the only factor
reviewed in light of adequate transportation. He noted historically there would not be a second
access point, but when the surrounding property was developed a secondary access would be
available. Chairperson Pomnichowski noted a single access would also have an impact on safety
such as police and fire access. Planner Saunders noted access would be reviewed by Staff at the
time of site plan review as well as fire and police access. Chairperson Pomnichowski sought
clarification on water and sewer connections. Planner Saunders noted a service line was available
on Durston and a second building would require a separate main. Chairperson Pomnichowski
noted the reference in the DRC meeting to looping the main. Planner Saunders responded the
condition was a standard condition to provide for adequate water circulation. Chairperson
Pomnichowski sought further clarification on the condition requiring an easement be obtained
before further development from the adjoining property owners. Planner Saunders noted that
concern would be raised at site plan review. Chairperson Pomnichowski noted she did not feel
that two of the twelve criteria were being met. Planner Saunders responded Staff had reviewed
the application and the specifications would be reviewed after a site plan application had been
received. Chairperson Pomnichowski sought further clarification on why this would not be
considered spot zoning. Planner Saunders responded staff had discussed it and felt that the change
in zoning would benefit the community as a whole rather than a particular individual or group of
individuals; he also noted the underlying growth policy designation was met although the
applicant had expressed the desire to change the growth policy after the zone map amendment.
Applicant Presentation:
Brian Caldwell stated he was representing Larry Pearson and the application allowed for
predictability. He noted the applicant would be submitting a site plan application followed by a
growth policy amendment. He submitted the water service card from 1993, demonstrating the
property was connected to City water at this time but still had an individual sewer system. He
noted the applicant intended to build on the front of the property and the issue of looping the
576
Zoning Commission Minutes from June 3, 2008
Page 3
water system was moot because it would not extend over 500 feet. He noted the applicant
intended to preserve the historic home, and infrastructure could be reviewed at that time. He also
referenced areas smaller in size than the subject property.
Questions for Applicant:
Warren Vaughan sought clarification on the process the applicant was taking. Mr. Caldwell
responded they had followed Staff’s recommendation in order to not over entitle the property
so they had identified the zoning designation that would fit their intended use within a
residential growth policy designation.
Nick Lieb came in at 7:27 p.m.
Chairperson Pomnichowski noted other R-O zoning districts were adjacent to B-1 or B-2 and
provided a buffer between the business districts and the residential districts. Mr. Caldwell
responded the zoning designation would provide the precursor for the surrounding properties and
a community center and as a whole will keep with the overall 2020 Growth Policy requirements.
Mr. Vaughan sought clarification on the number of parcels. Mr. Caldwell responded the property
consisted of two parcels.
Public Comment:
John Tromsness resides at 1002 Durston Road which faces the property. He noted his concern of
the zoning change would allow for apartments to be built on the property. He noted he felt it
would be a poor use of the land to be developed as apartments. He stated if it was developed as
apartments it would add to the already high traffic density on Durston. He noted his appreciation
for the preservation of the existing building.
Discussion:
Mr. Vaughan sought clarification on the allowable uses of an R-3 zoning designation with regard to
apartments. Planner Saunders noted apartments are defined as 5 or more dwelling units in a given
structure. He noted R-3 provided for a variety of attached dwellings but did not allow for apartments.
Mr. Vaughan stated he supported the application. He stated he understood Chairperson
Pomnichowski’s concerns, but felt the 12 criteria were met. He responded to the concern about spot
zoning by noting it was close to the B-3 district along North 7th. He also stated he felt it met the
growth policy designation. Peter Harned stated he felt the 12 criteria have been met. He noted he
would prefer a PUD application to come forward but he does feel that it meets the growth policy.
Mr. Lieb noted he had driven by the property and had a concern about the additional traffic. Mr.
Vaughan responded the traffic impacts of R-O and R-3 districts were basically the same. Chairperson
Pomnichowski noted her concern about the development of the property if the underlying growth
policy designation was not changed. She also noted the single access really gave her pause. She
577
Zoning Commission Minutes from June 3, 2008
Page 4
stated she did appreciate the conserving of the existing building and the character of the district. She
noted she respected the findings of Staff and the other Zoning Commissioners. Mr. Vaughan added
Staff through the DRC review did not voice concerns about access or services. Mr. Lieb responded
access would be reviewed through the site plan application.
Motion and Vote:
It was moved by Mr. Vaughan, seconded by Mr. Harned, to forward a recommendation of #Z-
08072 Durston House zone map amendment with the contingencies listed in the staff report to the
City Commission. Those voting aye being Mr. Vaughan, Mr. Harned, and Mr. Lieb. Those voting
no being Chairperson Pomnichowski. The motion carried 3-1.
ITEM 5. NEW BUSINESS
Seeing there was no new business before the board, Chairperson Pomnichowski closed this
portion of the meeting and moved to adjourn the meeting.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting adjourned at 7:45 p.m.
_______________________________________ _______________________________________
JP Pomnichowski, Chairperson Chris Saunders, Assistant Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
578