HomeMy WebLinkAboutMount Baldy-Thies Lots 25 & 26 Zone Map Amendment #Z-07283
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
SUBJECT: Mount Baldy-Thies Lot 25 & 26 Zone Map Amendment, #Z-07283
MEETING DATE: Monday, March 3, 2008
RECOMMENDATION: That the City Commission approves an initial municipal zoning
designation of RS (Residential Suburban District) for the subject property subject to the
contingencies provided in Zoning Commission Resolution No. Z-07283.
BACKGROUND: The applicants proposed to amend the City of Bozeman Zoning Map to
establish an initial municipal zoning designation of R-1 (Residential Single-Household, Low
Density District) for 0.74 acres being concurrently reviewed for annexation to the Bozeman City
limits (#A-07007). The property is generally located at the northeast corner of the intersection of
Bridger Canyon Road and Northview Avenue. The request for an initial zoning designation of
R-1 was considered by the Zoning Commission at a February 20, 2008 public hearing. At that
time, a motion by the Zoning Commission failed 2-1 to recommend approval of the R-1 zoning.
A second motion passed 3-0 to recommend approval of a zone map amendment for RS zoning.
The intent was to establish an interim zoning designation until additional residents in the area
expressed interest in annexation and further development at urban density.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues
for the proposed development at this time.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues with annexation of the property, and costs from additional service demand.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Dave Skelton at dskelton@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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MOUNT BALDY LOT 25 & 26 ZONE MAP AMENDMENT FILE NO. Z-07283
BOZEMAN ZONING COMMISSION STAFF REPORT
Item: Zoning Application No. Z-07283 – An application to amend the City of Bozeman
Zone Map to establish an initial municipal zoning designation on approximately
.74± acres of land as “R-1”, (Residential Single Household Low Density District),
being Lot 25 and Lot 26 of Mount Baldy Subdivision located in the SW ¼ and SE
¼ of Section 32, T1S, R6E, P.M.M., Gallatin County, Montana
Applicant/Owner: Ethel Thies Family Trust
c/o Dwight McCarty
37736 Buck Road NE
Hansville, WA 98340
Representative: Dwight McCarty
37736 Buck Road NE
Hansville, WA 98340
Date/Time: Before the Bozeman Zoning Commission on Wednesday, February 20, 2008 at
7:00 PM in the Commission Meeting Room, City Hall, 411 East Main Street
Bozeman, Montana and before the Bozeman City Commission on Monday, March
3, 2008 at 6:00 PM in the Community Room, Gallatin County Courthouse, 311
West Main Street, Bozeman, Montana
Report By: Dave Skelton, Senior Planner
City of Bozeman Department of Planning and Community Development
Recommendation: Denial of “R-1”, Approval of “RS” with Contingencies
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Location/Description:
The subject property is legally described as Lot 25 and Lot 26 of Mount Baldy Subdivision, situated in
the SW ¼ and SE ¼ of Section 32, T1S, R6E, PMM, Gallatin County, Montana, being approximately
0.74± acres in size. The site is located at the northeast corner of the intersection of Northview Street
and Bridger Canyon Drive – MT Highway 86. Please refer to the vicinity map on the following page.
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Vicinity Map
RECOMMENDED CONDITIONS OF APPROVAL
Based upon review and consideration by the Development Review Committee and Planning Staff, and
after evaluation of the proposed zoning against the criteria set forth in 18.70.020 of the Unified
Development Ordinance and Section 76-2-304 Montana Codes Annotated, the Planning Staff
recommends DENIAL of the requested Zone Map Amendment.
If the City Commission chooses to annex the subject property, staff recommends approval of a
municipal zoning designation of “RS” (Residential Suburban District), contingent on the following
terms and contengencies:
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 “Mount Baldy Lots 25 & 26 Thies
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 and zoning districts, and total acreage of the property any unannexed
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 prepared by a licensed Montana surveyor and
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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 landowner has made application to the Bozeman Planning Office for a Zone Map Amendment to
amend the City of Bozeman Zone Map and establish an initial municipal zoning designation of “R-1”
(Residential Single Household, Low Density District) on approximately 0.74 acres, contingent on
annexation. The proposed zone map amendment is being reviewed concurrently with the applicant’s
request for annexation to the corporate limits of the City of Bozeman. Both planning applications are
currently scheduled before the City Commission for March 3, 2008.
The landowner/applicant is requesting to annex the subject property to access municipal services and
further subdivide the parcel to create two residential subdivision lots. In order to create a two-lot
minor subdivision it is necessary to establish an “R-1” zoning designation on said tract of land.
The subject property is currently located outside the corporate limits of the City of Bozeman, is under
the jurisdiction of the Gallatin County, and is currently zoned as “RS” (Residential Suburban District).
The intent of the “RS” residential suburban district is to encourage cluster development so that areas of
agriculture and areas of environmental concern are preserved. It is intended that through the use of this
district, agricultural pursuits and/or open space will be preserved and environmental pursuits and/or
open space will be preserved and environmental concerns, such as high water table and floodplains,
will be protected.
With review and a formal recommendation of this application for a Zone Map Amendment by the
Zoning Commission, said application is dependent on the City Commission approving the request for
annexation. This also requires completion of the terms and contingencies of said annexation by the
applicant/landowner prior to amendment of the City of Bozeman Zone Map.
Background:
In August of 2006 the Zoning Commission and City Commission considered a similar request for
annexation and zone map amendment for Lot 21 and Lot 22 of Mount Baldy Subdivision (i.e.,
Jackson/Ebelke Annexation and ZMA). The Zoning Commission considered the “R-1” zoning request
of Lot 21 and 22 on August 15, 2006 and voted 5-0 to recommend approval to the City Commission.
On August 28, 2006 the City Commission considered the request for annexation and zone map
amendment. The annexation and zone map amendment failed to pass before the City Commission
finding that said annexation was inappropriate until such time that services were immediately available
and a larger number of residents in the area expressed interest with annexation. The Commission
found that the proposed “R-1” zoning designation would be appropriate in the long term development
of this area, but was inappropriate based on current land use patterns of the established suburban
subdivisions in the immediate area (i.e., Ed Vogel Subdivision No. 1 and Mount Baldy Subdivision).
As a result, a motion to approve the annexation by the City Commission failed on a vote of 0-5 to
annex the property. Subsequently, the zone map amendment application was tabled indefinitely.
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Land Classification and Zoning:
The subject property is currently occupied by a single family residence as part of the Mount Baldy
Subdivision and zoned County Zoning RS (Residential Suburban).
The following land uses and zoning are adjacent to the subject property:
North: Annexed lands (i.e., Legends at Bridger Creek Subdivision) zoned “R-1” (Residential
Single Household, Low Density District).
South: Annexed lands (i.e., Headlands Subdivision P.U.D.) zoned “RS” (Residential Suburban
District).
East: County lands (i.e., Mount Baldy Subdivision and Ed Vogel Subdivision No. 1) zoned
“RS” (County Zoning Agricultural Suburban).
West: County lands (i.e., Mount Baldy Subdivision and agricultural lands) zoned “RS”
(Residential Suburban) and city lands zoned “RS” (i.e., Headlands Subdivision P.U.D.).
REVIEW CRITERIA:
The Bozeman Planning Office has reviewed the application for a Zone Map Amendment against the
Bozeman 2020 Community Plan, the City of Bozeman Zoning Ordinance, and the twelve (12) criteria
established in Section 76-2-304, Montana Codes Annotated, and as a result offer 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?
The Future Land Use Map of the Bozeman 2020 Community Plan designates the property to
develop as “Suburban Residential. The “Suburban Residential” land use classification
indicates locations outside the City limits but within the Planning Area where the land
development pattern has already been set by rural subdivisions. Subdivisions in this area are
generally characterized by lots two acres in size or less. It is probable that portions of this area
may be proposed for annexation within the next twenty years. Any further development within
this area should be clustered to preserve functional open space and allow for more advanced
sewage disposal than individual septic tanks.
The “R-1” (Residential Single Household, Low Density District) zoning designation would
implement the Suburban Residential land use designation. The intent and purpose of the “R-1”
zoning is to provide for single-household residential development and related uses within the
City at urban densities, and to provide for such community facilities and services as will serve
the area’s residents while respecting the residential character and quality of the area. The
property being considered for rezoning is planned for residential uses. The current
development on the proposed annexation site complies with the description of the Suburban
Residential planning designation.
Goal 6.6.1, Objective 1: The land use map and attendant policies shall be the official guide for
the development of the City and shall be implemented through zoning regulations, capital
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improvements, subdivision regulations, coordination with other governmental entities, and
other implementation strategies.
2. Is the new zoning designed to lessen congestion in the streets?
The purpose for the annexation request and zone map amendment is to access municipal
infrastructure and public services for further development of the property at urban density.
With the recent subdivision immediately to the north, Legends at Bridger Creek II, the area’s
transportation system is further developed in anticipation of additional traffic to the area.
During subdivision and/or site plan review of any development proposal on the property the
D.R.C. will further identify any potential impacts to the area’s transportation network system
generated by additional traffic from this site, and determine appropriate mitigating measures.
3. Will the new zoning secure safety from fire, panic and other dangers?
Local emergency service agencies (fire and police) and the Development Review Committee
have provided preliminary comments on the development proposal during annexation review to
ensure that provisions are in place to mitigate any impacts from fire, panic and other dangers.
Further development of the property will require evaluation by the Development Review
Committee and other applicable review agencies to identify and mitigate any potential impacts
to the area.
4. Will the new zoning promote health and general welfare?
The regulatory provisions established through the City’s municipal code under Title 18,
Unified Development Ordinance, BMC, will adequately address the issues of health and
general welfare. Further development of the subject property requires review and approval by
the Montana Department of Health and Environmental Sciences, City Engineer's Office and
Director of Public Service. Development issues related to municipal infrastructure (i.e., water
and sanitary sewer) and public services (i.e., police and fire protection) will be addressed with
subdivision and/or site plan review. Municipal infrastructure is available in the adjacent street,
Northview Street to service the site.
5. Will the new zoning provide adequate light and air?
The regulatory standards set forth in the City of Bozeman Zoning Ordinance for the requested
“R-1” zoning district 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 “R-1” district, as well as the limitations of lot
coverage for principal and accessory structures and off-street parking facilities would maintain
the desired percent of buildable area for individual lots. The yard setbacks for the “R-1”
district are, front – 25’arterial roads and 15’local streets; rear – 20 feet, and side – 5 feet. Such
regulatory standards should prevent the overcrowding of land, and maintain compatibility with
the character of the surrounding area.
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7. Will the new zoning avoid the undue concentration of population?
Compliance with the regulatory standards set forth in the Unified Development Ordinance (i.e.,
setbacks, lot coverage, parking, and height limitations) is necessary and will ensure that
adequately sized subdivision lots are created; and therefore, 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?
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. Said impacts identified with development of the property will be mitigated with
recommended conditions of approval by the D.R.C. with a determination made by the
governing body on adequate provisions.
The D.R.C. has determined that municipal infrastructure is located in the area and may be
extended to the property by the landowner/developer for further development of the site.
Emergency services are currently serving this area, and municipal police and fire are within
adequate response time of the site. 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 proposed zoning gives reasonable consideration to the character of the district by matching
the existing uses already annexed to the City to the north. Any future development within the
proposed “R-1” district must provide proper setbacks from property lines and comply with all
other standards. However, said regulatory standards and setbacks are less restrictive than those
within the “RS” district of the established neighborhoods (i.e., Mount Baldy Subdivision and
Ed Vogel Subdivision No. 1) and does not recognize the same density as the larger three-
quarter acre lots. Thus, the proposed zoning appears to give reasonable consideration to the
peculiar suitability of the property as it relates to annexed property to the north (i.e., Legends at
Bridger Creek Subdivision), but not that of the lands to the east and west (Mount Baldy
Subdivision and Ed Vogel Subdivision No. 1), or to the south (Headlands Subdivision P.U.D).
10. Does the new zoning give reasonable consideration to the character of the district?
The site is occupied by a single family residential dwelling and is consistent with subdivisions
in the immediate area currently developed for residential land uses (i.e., Mount Baldy
Subdivision and Headlands Subdivision P.U.D.) or under development for future residential
uses (i.e., Legends at Bridger Creek Subdivision). The existing and proposed residential land
uses are also primarily detached single household dwellings. As a result, the proposed “R-1” is
consistent with the land use residential types in the area.
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11. Was the new zoning adopted with a view of conserving value of buildings?
The proposed district is compatible with other adjacent zoning designations in the area in that
the general land use pattern is detached single household dwellings. The transportation
network serving the area is adequate, and the availability of municipal water and sanitary sewer
will reduce the likehood of degradation of groundwater and septic failure in the area. This
reduces the possibility of negative impacts to adjacent owners and encourages the conservation
of building values in the area.
12. Will the new zoning encourage the most appropriate use of the land through such county
and municipal area?
The adopted growth policy is the means by which land use patterns are evaluated and locations
for appropriate uses assigned in a broad fashion. To achieve the minimum expected urban
residential density of six (6) dwelling units per acre for low density residential development
(i.e., page 6-17 of Bozeman 2020 Community Plan) the proposed “R-1” is considered an
appropriate zoning designation and reflects the long term uses of the property.
However, the proposed zoning does not recognize those residential patterns that predate the
2020 Plan of detached single household dwellings on lots of three-quarters acre or larger
(Mount Baldy Subdivision and Ed Vogel Subdivision No.1). Finding that compatibility with
the existing neighborhood(s) is desirable until additional residents in the area express interest in
annexing to the City of Bozeman, the proposed “R-1” zoning designation is not the most
appropriate use of the land.
PUBLIC COMMENT
As of the writing of this staff report, the City of Bozeman Department of Planning and Community
Development has not received any public testimony on the matter. The applicant’s consultant has
solicited written comments for residents in the area and received responses from ten individuals, which
are included with the applicant’s submittal. Any additional written comments received by the Planning
Office will be forwarded to the Zoning Commission and City Commission during the public hearings.
SUMMARY & CONCLUSION
The Department of Planning and Community Development, Development Review Committee, and
other applicable review agencies have reviewed the proposed Zone Map Amendment application and
have provided summary review comments as outlined above in the staff report; and as a result,
recommend denial of the application to establish an initial municipal zoning designation of “R-1”
(Residential Single Household, Low Density District).
The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City
Commission for consideration at its public hearing scheduled for Monday, March 3, 2008. The City
Commission will make the final decision on the application.
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
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BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE
PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
REPORT SENT TO
Ethel Thies Family Trust, c/o Dwight McCarty, 37736 Buck Rd. NE, Hansville, WA 98340
Morrison-Maierle Inc., 901 Technology Blvd., Bozeman, MT 59771
ATTACHMENTS
ZMA Application & Map
Applicant’s response to ZMA criteria
Public Testimony
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Zoning Commission Minutes from February 20, 2008
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MINUTES
CITY OF BOZEMAN ZONING COMMISSION,
WEDNESDAY, FEBRUARY 20, 2008
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson JP Pomnichowski called the meeting to order at 7:01 p.m. and directed the secretary
to record the attendance.
Members Present:
JP Pomnichowski, Chairperson
Nathan Minnick
Peter Harned
Staff Present:
Dave Skelton, Senior Planner
Sean Becker, Commissioner Liaison
Shoni Dykstra, Planning Secretary
Members Absent:
Warren Vaughan (excused)
Guests Present:
Trever McSpadden
Marilyn Collins
Don Jackson
M & K McAfee
Rufus Cone
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 FEBRUARY 5, 2008.
Seeing there were no changes or additions to the minutes, Chairperson Pomnichowski approved
the minutes of February 5, 2008 as submitted.
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z-07283 – (Mount Baldy Lots 25 & 26) A
Zone Map Amendment requested by the owner, Ethel Thies Family Trust, and
representative, Dwight McCarty, requesting to amend the City of Bozeman Zone
Map to establish an residential zoning designation of R-1 (Residential Single
Household, Low Density District) on .74 acres in conjunction with annexation for
property legally described as Lots 25 and 26 of Mount Baldy Subdivision located
in the SW ¼ and SE ¼ of Section 32, T1S, R6E, P.M.M., Gallatin County,
Montana. (Skelton)
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Zoning Commission Minutes from February 20, 2008
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Staff Presentation:
Senior Planner Dave Skelton presented the Staff Report for Mount Baldy Zone Map
Amendment; he noted the application was in conjunction with annexation. He noted the written
public comment received to date. The property is approximately .74 acres and is contiguous to
the City on the north and south. The property is designated R-S (Residential Suburban District)
in the Bozeman 2020 Plan. He stated that the property to the north, Legends at Bridger Creek, is
zoned R-1 (Residential Single Household, Low Density District), while the property to the south,
Headlands Subdivision, is zoned R-S. He noted the property to the east and west is currently in
the county. He noted the applicant is requesting a zoning designation of R-1 while Staff is
recommending an “interim” zoning of R-S based on the 12 review criteria and the Bozeman
2020 Plan. He noted the previous annexation request which had been denied by the City
Commission in 2006. He noted Staff is recommending approval of the related annexation and he
noted a zoning designation of R-1 would be appropriate at a time when more of the residents of
the Mount Baldy Subdivision were requesting annexation.
Questions for Staff:
Peter Harned sought clarification on the road adjacent to the property on the west which provides
access to the Legends at Bridger Creek Subdivision. Planner Skelton noted the developers of the
Legends of Bridger Creek purchased the two vacant parcels to provide the access. Mr. Harned
clarified that technically two parcels of the subdivision had technically been annexed to allow for
the access to the Legends at Bridger Creek Subdivision. He also asked Staff to clarify how close
City services were to the site. Planner Skelton noted the south boundary of Legends has an
easement for an alley with access to City services. Nathan Minnick sought clarification on the
roads which would service the property. Planner Skelton noted the developer was willing to
dedicate a 30 foot easement on the north border of the property to provide for a 60 foot right of
way. Mr. Harned sought clarification from Staff on the basis of the denial of the previous
annexation in relationship to access to the second lot. Planner Skelton noted the inaccessibility
and access to infrastructure with the second lot was a large factor in the decision.
Applicant Presentation:
Trever McSpadden from Morrison – Maierle, Inc. presented on behalf of the applicant. He
noted the applicant intended to complete a boundary realignment which would allow for a
single family residence on the northern side of the property. He noted the initial zoning
request is in compliance with the growth policy and stated it was a logical transition for rural
lots which are in existence of surrounding urban densities.
Bob Lee a Land Use Planner with Morrison – Maierle, Inc. presented also presented on
behalf of the applicant. He noted the owner is willing to dedicate the north 30 feet of the
property to provide the full 60 foot right of way. He noted the significance of this
application to any future annexation requests from the area. He stated that the annexation of
the property was a logical progression in development since it is contiguous to the City on
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three sides (including the right of way to the west). He noted other properties requesting
annexation would have restricted access without the right of way proposed with the current
application and would most likely be denied on the basis of the previous annexation request.
He noted Staff found in favor of R-1 zoning for the property in 11 of the 12 review criteria.
He noted the second paragraph under the review criteria12 where staff recommended denial
of R-1 until more residents express interest in annexation. He noted the proposed zoning
would allow for a maximum of two units on the property. He noted the proposed zoning
would possibly help offset costs of connecting to the City systems and recommended
approval of the requested zoning for the property.
Questions for Applicant:
There were no questions for the applicant at the time.
Public Comment:
Rufus Cone, 1413 Bridger Drive, noted the City Commissions denial of the previous
annexation application in a 0-5 vote. He noted the significance of the negative impact on the
entire neighborhood if the property was annexed. He noted the applicant’s belief that this
annexation would encourage other property owners from the Mount Baldy subdivision to
annex was invalid. He noted the neighborhood has already drastically changed from the
neighborhood he moved into. He noted the applicant was not living in the neighborhood and
would not see the negative impacts the other owners would face with the approval of the
proposal. He urged the Zoning Commission to maintain the neighborhood.
Marilyn Collins resides at 1509 Bridger Drive which is immediately to the east of the
property. She noted the only difference between the current proposal and the proposed
annexation by Don Jackson was the current proposal would allow for two houses. She stated
it should be up to the residents of the area who have lived there for years rather than owners
who live out of state to determine what happens with the property. She noted that counting a
road as City property does not make sense when county land is on the other side of the road.
Don Jackson the applicant from the previous annexation application noted the area has
changed a lot since 1994 when he moved on Story Mill. He noted 8 subdivisions in the area
since that time. He noted the area is much denser than what has been depicted through the
maps presented. He noted that the Legends at Bridger Creek would basically be duplexes to
the north of this property. He noted both R-S and R-1 are consistent zoning designations for
the property, but noted the size of the lots does not meet the standard for lots zoned R-S.
Mildred McAfee resides at 265 Slough Creek Drive and her parents subdivided the Mount
Baldy and Vogel subdivisions. She is opposed to any annexation of the property.
Seeing no more public comment, Chairperson Pomnichowski closed this portion of the
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meeting.
Discussion:
Mr. Minnick sought clarification on the alley between the two subdivisions if it would become a
city serviced road. Planner Skelton noted it would be built to a public street standard, but he was
unsure if sidewalks would be required. Mr. Minnick noted the streets in the Legends at Bridger
Creek are private the HOA taking care of snowplowing and other maintenance; he sought
clarification on how the proposed street would be maintained and who would do the
maintenance. Planner Skelton noted contingencies would be needed on further review at the
time of development if the property was annexed.
Mr. Harned sought clarification on the impact fees which would be imposed at the time of
annexation. Planner Skelton noted impact fees would be done in phases as it was an existing
residence and any new construction would pay the standard fees.
Mr. Harned noted that if the property was zoned R-S it would not be large enough to subdivide
into two parcels. Planner Skelton concurred. Mr. Harned sought clarification on the water and
wastewater systems. Planner Skelton noted the lots are currently serviced by a private well and
septic system. Chairperson Pomnichowski noted the applicant letter noting the septic system’s
eventual failure and asked for Staff to clarify how a system’s failure is determined. Planner
Skelton noted that a system could be failing for years, but no one would be aware until such a
time that DEQ was contacted for another permit. Chairperson Pomnichowski sought
clarification on what happens when a septic system fails when the parcel is within 300 feet of a
City system. Planner Skelton noted County would not entertain an application for another septic
system until the owner had requested annexation from the City. If the City denied annexation,
the County would then consider the installation of a new septic system.
Chairperson Pomnichowski sought clarification on the UDO requirements for zoning the lots R-
S and if they would be in compliance with those requirements. Planner Skelton noted the project
is already established and would fall under a legal nonconforming classification if the property
is zoned R-S. Planner Skelton quoted 18.16.030.C.2.
“Existing lots in the R-S district non utilizing a community water and/or sewer system shall be
considered nonconforming lots if less than one acre in area an/or 100 fee in width and subject to
Chapter 18.66, BMC. Existing lots in the R-S district utilizing a community water and/or sewer
system shall be considered nonconforming lots if less than one-half acre in area and/or 100 feet
in width and subject to Chapter 18.60, BMC.”
Chairperson Pomnichowski noted the property is currently two lots and would entertain a zoning
designation of R-S if the lots were aggregated. Planner Skelton noted currently one lot could not
be sold without the other so it is considered one zoning lot. He noted if the property is zoned R-
S it cannot be divided, but if the City Commission approves of an R-1 zoning designation the
owner will be able to divide the lots.
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Chairperson Pomnichowski noted the R-1 zoning designation was consistent on criteria one
through six. She sought further clarification from R-1 zoning in regards to criteria seven.
Planner Skelton noted the DRC had determined the criteria to be satisfied. Chairperson
Pomnichowski stated R-1 was also consistent with criteria eight and nine. She noted the Legends
at Bridger Creek Subdivision is zoned R-1 and adjoins the property, but R-S would be more
consistent with the existing property and the Mount Baldy Subdivision. She noted criteria eleven
noted the preservation of the existing home with either of the designations. She noted criteria
twelve was a mixed review as eventually R-1 zoning would be an appropriate zoning
designation for the property, where as a zoning designation of R-S is more characteristic for the
moment.
Planner Skelton clarified the public comment protest at Chairperson Pomnichowski’s request.
He noted written protest from 20% of the owners of property immediately adjacent to or within
150 feet from the street frontage would necessitate a super majority vote at the City Commission
level. He noted he was unsure if the 20% threshold had been crossed at this point.
Mr. Harned noted he was torn on the issue. He noted the character and longstanding
establishment of the neighborhood. He noted the benefit of annexation of the property and one
less septic tank in the area being extremely positive for the community from the research he has
seen and the classes he has taken on health of the water in the community. He is in support of
the annexation if the property is zoned R-S.
Mr. Minnick noted he is supportive of the application and feels a zoning designation of R-1
meets the 12 criteria. He noted other concerns with the property could be addressed with later
applications if the property is annexed.
Chairperson Pomnichowski noted the character of the existing neighborhood needed to be
balanced with the character of the district. She also noted her concern about the septic tank and
the effects a failure would have on the area. She noted she found R-1 to satisfy the twelve
criteria.
Motion and Vote:
It was moved by Mr. Minnick, seconded by Mr. Harned, to recommend conditional approval of
R-1 zoning for the Mount Baldy Lots 25 & 26 Zone Map Amendment #Z-07283 to the City
Commission with the contingencies listed in the Staff Report. Those voting Aye being Mr.
Minnick and Chairperson Pomnichowski. Those voting No being Mr. Harned. The motion failed
2-1 for lack of a majority.
Planner Skelton noted the minutes would be forwarded to the City Commission with a formal or
informal recommendation. Chairperson Pomnichowski responded she would like to make a
formal recommendation to the City Commission, and that R-S zoning would meet the 12 zoning
criteria as well.
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Page 6
It was moved by Mr. Harned, seconded by Mr. Minnick, to recommend conditional approval of
R-S zoning for the Mount Baldy Lots 25 & 26 Zone Map Amendment #Z-07283 to the City
Commission with the contingencies listed in the Staff Report. Those voting Aye being Mr.
Harned, Mr. Minnick, and Chairperson Pomnichowski. Those voting No being none. The
motion carried 3-0.
Chairperson Pomnichowski noted the application would be reviewed by the City Commission on
March 3, 2008.
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 8:10 p.m.
_______________________________________ _______________________________________
JP Pomnichowski, Chairperson Andrew C. Epple, Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
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Mount Baldy-Thies Lot 25 & 26 ZMA
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RESOLUTION #Z-07283
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING DENIAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP TO ESTABLISH AN INITIAL ZONING DESIGNATION OF
R-1 (RESIDENTIAL SINGLE HOUSEHOLD LOW DENSITY DISTRICT) ON 0.74
ACRES UPON ANNEXATION OF SAID PROPERTY WHICH IS DESCRIBED AS LOT
25 AND LOT 26, MOUNT BALDY SUBDIVISION LOCATED IN THE SW¼ AND SE¼
SECTION 32, T1S, R6E, P.M.M, 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, the Ethel Thies Family Trust, represented by Dwight McCarty, applied for a
zoning map amendment, pursuant to Chapter 18.70 of the Bozeman Unified Development
Ordinance, to amend the Bozeman zoning map to establish an initial zoning designation of R-1
(Residential Single-Household Low Density District) for 0.74 acres;
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 February
20, 2008, to formally receive and review all written and oral testimony on the proposed zoning
map amendment; and
WHEREAS, four members of the public spoke at the public hearing; and
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2
WHEREAS, the City of Bozeman Zoning Commission discussed street improvements,
snow removal responsibility, impact fees, further subdivision of property, compliance with
zoning standards, and protection of groundwater; and
WHEREAS, the City of Bozeman Zoning Commission discussed the importance of
protecting the character of existing neighborhoods in the area by applying appropriate municipal
zoning to the subject property; and
WHEREAS, the City of Bozeman Zoning Commission discussed an interim RS
(Residential Suburban District) zoning designation until additional residents in the area
expressed interest in annexation and developing at urban density; and
WHEREAS, a motion to recommend approval of establishing an initial R-1 (Residential
Single Household, Low Density District) zoning designation failed on a vote of 2-1; and
WHEREAS, a motion to recommend approval of a establishing an initial RS (Residential
Suburban District) zoning designation passed on a vote of 3-0; and
WHEREAS, the City of Bozeman Zoning Commission finds that a proposed zoning map
amendment of RS (Residential Suburban District) 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 3-0, officially recommends to the Bozeman City Commission approval
of zoning application #Z-07283 to amend the Bozeman zoning map to establish an initial zoning
designation of RS (Residential Suburban District) on 0.74 acres contingent upon annexation of
said property which is described as Lot 25 and Lot 26, Mount Baldy Subdivision located in the
SW1/4 and SE ¼ of Section 32, T1S, R6E, PMM in Gallatin County Montana subject to the
following contingencies:
1. That all documents and exhibits necessary to establish a initial municipal zoning
designation shall be identified as “Mount Baldy-Thies Lots 25 & 26 Thies Zone Map
Amendment”.
2. 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.
3. That the applicant submit a zone amendment map, titled “Mount Baldy-Thies Lots 25 &
26 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
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description of the perimeter of the subject property and zoning districts, and total acreage
of the property.
4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor
and map of the area to be rezoned, which will be utilized in the preparation of the
Ordinance to officially amend the zone map.
DATED THIS DAY OF ____ , 2008, Resolution #Z-07283
_____________________________ ____________________________
Andrew Epple, Planning Director JP Pomnichowski, Chairperson
Dept. of Planning & Community Development City of Bozeman Zoning Commission
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