HomeMy WebLinkAboutBrandner Zone Map Amendment No. Z-10093.pdf
Report Complied On July 12, 2010
REPORT TO: Honorable Mayor & City Commission
FROM: Dave Skelton, Senior Planner
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: Brandner Zone Map Amendment #Z-10093
MEETING DATE: July 19, 2010
AGENDA MEETING ITEM: Action
RECOMMENDATION: That the City Commission adopts the findings presented in the staff report
and, as recommended by the City of Bozeman Zoning Commission, approves an initial municipal
zoning designation of R-1 (Residential, Single Household Low Density District) for the property subject
to the contingencies listed in Zoning Commission Resolution #Z-10093.
BACKGROUND: Jeff Brandner of 1118 Bridger Drive has made application to the Bozeman Planning
Office to amend the City of Bozeman Zone Map and establish a municipal zoning designation on
approximately 0.37± acres of R-1 (Residential, Single Household Low Density District) in conjunction
with the annexation of the subject property into the City (Project #A-10003).
The intent of the “R-1” (Residential, Single Household Low Density) district is to provide for primarily
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 owner/applicant who currently lives in the existing residence intends to upgrade the single family
dwelling on the subject property. Staff has recommended approval of this request as noted in the
REVIEW CRITERIA section beginning on page 3 of the attached staff report.
The request for an initial zoning designation of R-1 was considered by the Zoning Commission at their
July 7, 2010 public hearing. The Zoning Commission voted 3-0 to recommend approval of the zone
map amendment for R-1 zoning as noted in attached Resolution #Z-10093 and the minutes from said
meeting.
UNRESOLVED ISSUES: None determined at this time. Issues pertaining to the applicant’s request
for the City Commission to consider a partial waiver of impact fees required with annexation are
addressed as part of the Annexation application (Project #A-10003).
Commission Memorandum
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Report Complied On July 12, 2010
ALTERNATIVES: 1) Approve the zone map amendment as recommended above by the Zoning
Commission and Staff.
2) Deny the zone amendment request.
FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will enable the
applicant to construct a home and connect to the City sewer and water adjacent to the subject property.
This would increase tax values and corresponding revenue from the property. The City will accrue
additional costs to service the property with municipal service.
Attachments: Zoning Commission Resolution #Z-10093
Zoning Commission Minutes of July 7, 2010
Staff Report
Aerial Photograph
Applicant’s Submittal Materials
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Zoning Commission Minutes – July 7, 2010 1
ZONING COMMISSION MINUTES
WEDNESDAY, JULY 7, 2010
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pomnichowski called the meeting to order at 7:12 p.m. and ordered the Recording
Secretary to take attendance.
Members Present:
Nathan Minnick
JP Pomnichowski
Ed Sypinski
City Commission Liaison
Chris Mehl
Members Absent:
Nick Lieb
Staff Present:
David Skelton, Senior Planner
Chris Saunders, Interim Planning Director
Tara Hastie, Recording Secretary
Guests Present:
Jeffrey Thompson
Jeffrey Brandner
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 forthcoming, Chairperson Pomnichowski closed this portion
of the meeting.
ITEM 3. MINUTES OF JUNE 15, 2010
MOTION: Mr. Sypinski moved, Vice Chairperson Minnick seconded, to approve the minutes of
June 15, 2010 as presented. The motion carried 3-0. Those voting aye being Chairperson
Pomnichowski, Mr. Sypinski, and Vice Chairperson Minnick with Mr. Mehl abstaining. Those
voting nay being none.
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z-10093 – (Brandner) A Zone Map
Amendment requested by the owner, Jeff Brandner, 1118 Bridger Dr., Bozeman,
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MT 59715, and applicant/representative, Jeffrey Thompson, 220 S. 9th Ave.,
Bozeman, MT 59715 and requesting to establish an urban zoning designation of
R-1 (Residential Single-Household, Low Density District) on .37 acres in
conjunction with annexation for property legally described as Tract 1, C.O.S.
2760, Sec. 32, T1S, R6E, PMM, Gallatin County, Montana and located 1118
Bridger Drive. (Skelton)
Senior Planner David Skelton presented the Staff Report noting the location of the site and noted
the adjacent zoning designations. He stated the request was for a zoning designation of R-1. He
noted those properties in the area that had been subdivided and infrastructure had been installed.
He stated it was the applicant’s wish to replace the existing septic and well, but was in too close
proximity of the municipal services per the Department of Health. He directed the Commission to
an aerial photo of the property and noted there was a mix of County lands and City jurisdictional
lands throughout the immediate area. He noted to the west were suburban development and
noted the location of the Bridger Park mobile Home Park. He stated he had specifically called out
the Story Mill Neighborhood PUD as many of the surrounding zoning designations had been
amended due to the proposed mixed-use project. He directed the Commission to photographs of
the site at it exists and noted the boundary overlay for the current City limits on the diagram was
not completely accurate. He stated typically the setback requirement would be for 25 feet, but
since no new encroachments were proposed, the existing structure would be allowed to maintain
the current setback. He noted adjacent parcels and added that no public comment had been
received from those neighborhoods. He stated more of the suburban rural homes were southeast
of the subject property. He noted there was some mature vegetation that screens the mobile
home trailer park to west. He stated he had distributed the zoning map amendment example to
show the zoning designations driven by the Story Mill Neighborhood; prior the ZMA the
surrounding properties were zoned for mobile home parks and manufacturing developments. He
stated the applicant had originally requested the zoning designation of R-2 and Staff had
recommended instead a designation of R-1 to remain more in keeping with the suburban land use
patterns to the east; he added the applicant had agreed to amend the request to R-1. He stated no
public comment had been received by letter or e-mail but two phone conversations had occurred
regarding the proposal. He stated there had been no formal agency comments but MDOT had
indicated there would be plenty of right of way for improvements to Bridger Drive and that future
plans to improve the state highway would end at the intersection with Story Mill Road. He stated
Staff was supportive of the proposal with Staff conditions of approval.
Chairperson Pomnichowski clarified that improvements would end at Story Mill Road. Planner
Skelton responded she was correct and MDOT had indicated they had no plans for further
improvements to Bridger Drive further to the east. Chairperson Pomnichowski asked if the
rendering accuracy could be resolved prior to City Commission review. Planner Skelton
responded the GIS layer on the map was slightly inaccurate due to multiple layers and the
property had been depicted accurately. Chairperson Pomnichowski asked the distance of the right
of way. Planner Skelton responded he thought it was 120 feet, but he had not asked MDOT the
exact distance. Chairperson Pomnichowski asked how it was that Staff was alright with a less
than required setback; a nonconforming situation being considered and granted. Planner Skelton
responded it was accepted by Staff as an established non-conforming use that pre-existed current
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Zoning Commission Minutes – July 7, 2010 3
regulatory standards and would be a grandfathered parcel of land but would not be allowed to
expand the nonconformity of the site in the future. Chairperson Pomnichowski stated the distance
from the intersection to the driveway seemed too short and asked if they were required to obtain a
variance. Planner Skelton responded the property had already been granted an encroachment
permit by the Montana Department of Transportation for the driveway.
Mr. Mehl stated the map indicated a 115 foot right of way.
Chairperson Pomnichowski asked how much room was left between the east side of the property
and the structure. Planner Skelton responded he would have to verify the distance.
Jeff Brandner and Jeffrey Thompson addressed the Zoning Commission. Chairperson
Pomnichowski asked the applicant to provide a professional survey. Mr. Brandner responded a
survey had been completed today.
Chairperson Pomnichowski opened the item for public comment. Seeing none forthcoming, the
public comment portion of the item was closed.
Chairperson Pomnichowski stated she was pleased to see the type of Annexation and ZMA
Amendment presented as it was adjacent to the City and compliant with the UDO. She stated she
found the application to be in keeping with the review criteria as set forth in the UDO.
Mr. Sypinski stated he was supportive of the proposal as presented with Staff conditions of
approval and he felt the ZMA held to current land use patterns and was in compliance with the
Growth Policy and UDO.
MOTION: Vice Chairperson Minnick moved, Mr. Sypinski seconded, to forward a
recommendation of approval to the City Commission for Zone Map Amendment Application #Z-
10093 with Staff conditions. The motion carried 3-0. Those voting aye being Chairperson
Pomnichowski, Mr. Sypinski, and Vice Chairperson Minnick with Mr. Mehl abstaining. Those
voting nay being none.
ITEM 5. NEW BUSINESS
Mr. Mehl stated the Chairperson of the Zoning Commission had sent a letter to the Commission
and he wanted to assure the Board the Medical Marijuana ordinance would be carefully
considered.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting was adjourned at 7:32 p.m.
_______________________________________ _______________________________________
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JP Pomnichowski, Chairperson Chris Saunders, Interim Planning Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
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Brandner ZMA
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RESOLUTION #Z-10093
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL 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 0.37
ACRES CONTINGENT UPON ANNEXATION OF SAID PROPERTY WHICH IS
DESCRIBED AS TRACT 1, COS NO. 2760, SW¼, SW ¼ OF SECTION 32, T1S, R6E,
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, Jeff Brandner 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-2 (Residential, Two Household Medium Density
District) for 0.37± acres; and
WHEREAS, Jeffery Thompson, architect representing Jeff Brandner requested a
modification to the application for a zoning map amendment to amend the application from R-2
(Residential, Two Household Medium Density District) to R-1 (Residential, Single Household
Low Density District) for 0.37± acres; and
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 July 7,
2010, to formally receive and review all written and oral testimony on the proposed zoning map
amendment; and
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WHEREAS, no public testimony was received at the public hearing on the matter of the
zone map amendment; and
WHEREAS, the City of Bozeman Zoning Commission discussed existing right-of-way
width for Bridger Drive/Highway 86 and future improvements, properties egress/ingress
proximity to intersection of Bridger Drive and Story Mill Road, building setbacks, need for
professional survey of property, existing land use patterns, and character of the area; and
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;
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-10093 to amend the Bozeman zoning map to establish an initial zoning
designation of R-1 (Residential, Single Household Low Density District) on 0.37± acres
contingent upon annexation of said property which is described as Tract 1, COS No. 2760, SW¼,
SW¼ of Section 32, T1S, R6E, PMM, Gallatin County, Montana subject to the following
contingencies:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “Brandner Zone Map Amendment”.
2. That the Ordinance of the Zone Map Amendment shall not be adopted until the
Annexation Agreement 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 “Brandner 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.
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.
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Brandner ZMA
DATED THIS DAY OF , 2010, Resolution #Z-10093
_____________________________ ____________________________
Dave Skelton, Senior Planner JP Pomnichowski, Chairperson
Dept. of Planning & Community Development City of Bozeman Zoning Commission
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