HomeMy WebLinkAboutLoyal Garden Lot 2-3, Block 1 Zone Map Amendment No. Z-10240 Report Complied on December 23, 2010
REPORT TO: Honorable Mayor & City Commission
FROM: Dave Skelton, Senior Planner
Tim McHarg, Planning Director
Chris Kukulski, City Manager
SUBJECT: Loyal Garden Lot 2-3, Block 1 Zone Map Amendment #Z-10240
MEETING DATE: January 3, 2010
AGENDA MEETING ITEM: Action Item
RECOMMENDATION: That the City Commission adopts the findings presented in the staff report
and, as recommended by the City of Bozeman Zoning Commission, approves a zone map amendment to
change a municipal zoning designation from “R-O” (Residential Office District) to “B-2” (Community
Business District) for the property subject to the contingencies listed in Zoning Commission Resolution
#Z-10240.
RECOMMENDED MOTION: “Having heard and considered public comment, I hereby adopt the
findings presented in the staff report for Z-10240 and move to approve the zone map amendment
requested in application Z-10240 authorizing a zone map amendment for the subject property from “R-
O” (Residential Office District) to “B-2” (Community Business District) subject to the contingencies
listed on page two of the Staff report.”
BACKGROUND: Betty Madill, on behalf of the Betty Madill Revocable Intervivous Trust of 403
Slough Creek Drive has made application to the Bozeman Planning Office to change a municipal zoning
designation from “RO” (Residential Office District) to “B-2” (Community Business District) for the
property in question subject to the contingencies listed in Zoning Commission Resolution #Z-10240.
The intent of this zoning district is to provide for a broad range of mutually supportive retail and service
functions located in clustered areas bordered on one or more sides by limited access arterial streets. The
site consists of two existing lots, both being 1.5 acres or larger and arranged in proximity to the
intersection of two arterial roads; Huffine Lane/US Highway 191 and Cottonwood Road.
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 a change to the City of Bozeman Zone Map was
considered by the Zoning Commission at their October 19, 2010 public hearing. The Zoning
Commission voted 3-0 to recommend approval of the zone map amendment from or “R-O” to “B-2”
zoning as noted in attached Resolution #Z-10240 and the minutes from said meeting.
Commission Memorandum
179
Report Complied on December 23, 2010
On November 8, 2010 the City Commission held their public hearing on said matter and after finding
that the applicant or applicant’s representative was not present to discuss the application the
Commission voted to “open and continue” consideration of the zone map amendment application until
the regular scheduled City Commission meeting of January 3, 2011.
UNRESOLVED ISSUES: None determined at this time
ALTERNATIVES: 1) Approve the zone map amendment as recommended above by the Zoning
Commission and Staff.
2) Deny the zone amendment request.
FISCAL EFFECTS: Establishing the new municipal zoning will enable the applicant to construct the
two lots as commercial property. This could potentially increase tax values and corresponding revenue
from the property. It is undetermined at this time if the City would accrue additional costs to service the
property with municipal service if developed as commercial in-lieu of residential office type land uses.
Attachments: Zoning Commission Resolution #Z-10240
Zoning Commission Minutes of October 19, 2010
Staff Report
Aerial Photograph
Applicant’s Submittal Materials
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Loyal Garden ZMA Staff Report #Z-10240 1
LOYAL GARDEN ZONE MAP AMENDMENT FILE NO. Z-10240
BOZEMAN ZONING COMMISSION STAFF REPORT
Item: Zoning Application No. Z-10240 --- An application to amend the City of
Bozeman Zone Map to allow a change in a municipal zoning designation on
approximately 3.18± acres of land from “R-O” (Residential Office District)
to “B-2”, (Community Business District), on property legally described as
Lot 2 and Lot 3, Block 1 of Loyal Garden Subdivision, Phase 1A being a
portion of Tract 1, COS No. 24 and portions of COS No. 25 located in the
NE¼ of Section 16, T2S, R5E, PMM, City of Bozeman, Gallatin County,
Montana
Applicant/Owner: Betty Madill Revocable Intervivous Trust
Betty Madill
403 Slough Creek Drive
Bozeman, MT 59718
Representative: Comma-Q Architecture
109 North Rouse Avenue, Suite #1
Bozeman, MT 59715
Date/Time: Before the Bozeman Zoning Commission on Tuesday, October 19, 2010 at
7:00 PM in the Commission Meeting Room, City Hall, 121 North Rouse
Avenue Bozeman, Montana and before the Bozeman City Commission on
Monday, November 8, 2010 at 6:00 PM in the Commission Meeting Room,
City Hall, 121 North Rouse Avenue Bozeman, Montana
Report By: Dave Skelton, Senior Planner
Recommendation: Approval of “B-2” (Community Business District) with Contingencies
----------------------------------------------------------------------------------------------------------------------------
Location/Description:
The property is situated at the southwest corner of the intersection of Huffine Lane and Cottonwood
Road, is commonly referred to as 870 and 880 Winnow Circle, and is legally described as being Lot 2
and Lot 3, Block 1, Loyal Garden Subdivision, Phase 1A being a portion of Tract 1, COS No. 24 and
portions of COS No. 25 located in the NE¼ of Section 16, T2S, R5E, PMM, City of Bozeman,
Gallatin County, Montana. The property under consideration is approximately 3.18± acres in size and
fronts onto the south side of Huffine Lane and west side of Cottonwood Road. Please refer to the
vicinity map on the following page and aerial photo exhibits attached to this staff report.
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Loyal Garden ZMA Staff Report #Z-10240 2
RECOMMENDED CONTINGENCIES
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 Section 18.70.020 of the Unified
Development Ordinance and Section 76-2-304 Montana Codes Annotated, the Planning Staff
recommends approval of the requested Zone Map Amendment.
Staff recommends approval of a municipal zoning designation from “R-O” (Residential Office
District) to “B-2” (Community Business District), contingent on the following terms and
contingencies:
1. That all documents and exhibits necessary to amend the municipal zoning designation shall be
identified as the “Loyal Garden Zone Map Amendment”.
2. That the applicant submit a zone amendment map, titled “Loyal Garden 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.
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
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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Loyal Garden ZMA Staff Report #Z-10240 3
Proposal:
The landowner has made application to the City of Bozeman Department of Planning and Community
Development for a Zone Map Amendment to change the City of Bozeman Zone Map zoning
designation from “R-O” (Residential Office) to “B-2” (Community Business District) on
approximately 3.18± acres of land lying in the northeast corner of Loyal Garden Subdivision, Phase
1A.
The subject property is currently located within the corporate limits of the City of Bozeman having
annexed into the City on February 21, 2006. The intent of the “B-2” (Community Business District) is
to provide for a broad range of mutually supportive retail and service functions located in clustered
areas bordered on one or more sides by limited access arterial streets.
Background:
Annexation of the site being considered with this application was granted by the City Commission in
February of 2006. Shortly thereafter preliminary plat approval of Loyal Garden Subdivision was
granted in May of 2006 to subdivide approximately 75 acres of agricultural land into 154 subdivision
lots that includes a mix of residential lots ranging from single family and two-family household
dwellings to high density residential and residential office lots. To achieve the mix of residential land
uses a zone map amendment was processed and approved concurrently with annexation of the lands to
include municipal zoning designations for R-1, R-2, R-3, R-4 and R-O as illustrated in the exhibit
below.
Loyal Garden Subdivision Zoning Designations
The lands identified in the above exhibit illustrates the Residential Office lots in the upper right-hand
corner, or northeast corner of the subdivision, and includes Lots 1-3, Block 1 of Loyal Garden
Subdivision, Phase 1A. Lot 1 is currently occupied by a 13,000 square foot metal warehouse structure
and is not part this zone map amendment application.
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Loyal Garden ZMA Staff Report #Z-10240 4
On June 1, 2001 the City Commission adopted the Bozeman Community Plan under City of Bozeman
Resolution No. 4163 that included a revised Future Land Use Map for said area from “Residential” to
“Community Commercial Mixed Uses”. It is the intent of the applicant to rezone the two parcels in
question to comply with the Future Land Use Map of the Bozeman Community Plan.
Land Classification and Zoning:
The subject property is currently occupied by a single family residence and accessory structure on Lot
2 while Lot 3 is partially developed as a tree farm. No mature vegetation, bushes or outcroppings have
been identified on the site. No physical features, water course, or associated wetlands exist on the site
in questions. Existing right-of-way for Huffine Lane/ US Highway 191 runs along the property’s north
boundary and South Cottonwood Road is situated on its east boundary.
The following land uses and zoning are adjacent to the subject property:
North: Huffine Lane/US Highway 191 and developed lands zoned “BP”, Business Park District
(Billion Plaza).
South: Remaining lots of Loyal Garden Subdivision, Phase 1A and 1B zoned “R-2”
(Residential Two Household District) and “R-1”, (Residential, Single Household Low
Density District).
East: Cottonwood Road and agricultural County lands; zoned “A-S”, (Agricultural Suburban
District).
West: Remaining lots of Loyal Garden Subdivision, Phase 1A zoned “R-O” (Residential
Office District) being Lot 1 of Block 1, “R-3” (Residential Medium Density District)
and “R-4” (Residential High Density District).
REVIEW CRITERIA:
The Bozeman Planning Office has reviewed the application for a Zone Map Amendment against the
Bozeman 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?
Yes. The Future Land Use Map of the Bozeman Community Plan designates the property to
develop as “Community Commercial Mixed Use.” As noted, the recent update to the Bozeman
Community Plan changed the future land use map, Figure 3-1, for this area from “Residential”
to “Community Commercial Mixed Use”.
Activities within this land use category are the basic employment and services necessary for a
vibrant community. Establishments located within these categories draw from the community
as a whole for their employee and customer base and are sized accordingly. A broad range of
functions including retail, education, professional and personal services, offices, residences,
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and general service activities typify this designation. Mixed uses should be developed in an
integrated, pedestrian friendly manner and should not be overly dominated by any single land
use. Higher intensity employment and residential uses are encouraged in the core of the area or
adjacent to significant streets and intersections. As needed, building height transitions should
be provided to be compatible with adjacent development.
The “B-2” (Community Business District) zoning designation would implement the intent of
the changed community commercial land use designation. The intent of this zoning district is
to provide for a broad range of mutually supportive retail and service functions located in
clustered areas bordered on one or more sides by limited access arterial streets. The site
consists of two existing lots, 1.5 acres or larger arranged in proximity to the intersection of two
arterial roads; Huffine Lane/US Highway 191 and Cottonwood Road.
2. Is the new zoning designed to lessen congestion in the streets?
Neutral. The area’s transportation network system for the proposed zoning designation was
evaluated and constructed with the approval of Loyal Garden Subdivision. Both lots may be
accessed by one of two local streets constructed with subdivision approval (i.e., Winnow Circle
and Alpha Drive) or a public driveway that connects with the principle arterial, Cottonwood
Road.
3. Will the new zoning secure safety from fire, panic and other dangers?
Yes. 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 development of the property. All 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.
4. Will the new zoning promote health and general welfare?
Yes. 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. A 12-inch water main and 6-inch sanitary sewer main bisect the two lots from
Cottonwood Road for the extension of municipal services to each lot. Development of the two
lots will require review and approval by the City Engineer’s Office, Director of Public Service
and Building Division to ensure the protection of public health, safety and welfare.
5. Will the new zoning provide adequate light and air?
Yes. The regulatory standards set forth in the City of Bozeman Zoning Ordinance for the
requested “B-2” (Community Business District) zoning district provides the necessary
provisions (i.e., yard setbacks, watercourse setbacks, lot coverage, structure heights, etc.).
Building setbacks have been established to allow for adequate light and air. The City’s zoning
standards have been found to provide for adequate light and air, especially in conjunction with
the construction standards of the International Building Code.
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6. Will the new zoning prevent the overcrowding of land?
Yes. The minimum yard setbacks established in the “B-2” district, as well as the limitations of
lot coverage for principal and accessory structures and off-street parking facilities will maintain
the desired percent of buildable area. Minimum yard setbacks, height requirements, maximum
lot coverage and required parking are also limiting factors that help prevent the overcrowding
of land. Such regulatory standards shall prevent the overcrowding of land, and maintain
compatibility with the character of the surrounding area.
7. Will the new zoning avoid the undue concentration of population?
Yes. Future development of the subject property as re-zoned under this proposal may result in a
density increase beyond what currently exists if residential units are included in any future
commercial proposals as allowed by the zoning ordinance. 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. Density
is controlled through minimum area per dwelling requirements, lot coverage, building height,
parking requirements, and other standards that act as a check on density of development.
Municipal water and sewer services are available which will reduce impacts of potential
population.
8. Will the new zoning facilitate the adequate provisions of transportation, water, sewer,
schools, parks, fire, police and other public requirements?
Yes. Assessment of the impacts to infrastructure, public services, schools, park land, and other
community requirements were evaluated during preliminary subdivision plat review of Loyal
Garden Subdivision. Said impacts identified with future development of the property have
been mitigated with the conditions of approval set forth by the City Commission. This will be
further evaluated during site plan review by the Development Review Committee (DRC) with
specific site-related conditions for development of each lot.
Adequate municipal infrastructure is located in proximity to both lots and may be extended to
the property by the landowner/developer for further development of the sites. Emergency
services are currently serving this area, and municipal police and fire are within adequate
response time of the site.
9. Does the new zoning give consideration to the peculiar suitability of the property for
particular uses?
Yes. The proposed zoning gives reasonable consideration to the character of the district by
matching the existing commercial uses established north of Huffine Lane in the general area of
the two intersecting principal arterials (i.e., Huffine Lane/US Highway 191). As noted, the
site’s proximity directly adjacent to Huffine Lane and Cottonwood Road right of way lends
itself to commercial uses, especially if access from Cottonwood Road is sought as the primary
access to the property.
Any future development within the proposed “B-2” district must provide proper setbacks from
property lines and comply with all other standards. Thus, the proposed zoning appears to give
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reasonable consideration to the peculiar suitability of the property as it relates to properties and
development in the vicinity.
10. Does the new zoning give reasonable consideration to the character of the district?
Yes. The most important factor in determining the suitability of the proposed zoning
designation is the potential for compatibility with existing, adjacent land uses and planned
future land uses. As envisioned by the Bozeman Community Plan this area is to continue to
develop as “Community Commercial Mixed Use.” Furthermore, the proposed zoning gives
reasonable consideration to the existing mixed-use character of the area; 1) community
commercial uses to the north of Huffine Lane (i.e., Billion Auto Plaza and First Security Bank),
2) medium and high density residential lots and residential-office warehousing lot to the west
(i.e., Loyal Garden Subdivision), 3) low density residential to the south (i.e., Loyal Garden
Subdivision), and 4) agricultural County lands to the east of Cottonwood Road.
During the design of the subdivision, the developer established the Baxter Creek open space
corridor to provide a green belt between the residential office lots and residential development
to the west. The developer also created public parklands and water features to the south as a
buffer from the residential lots to the south. These amenities invite a reasonable transition of
compatibility between the residential and commercial lots in the subdivision.
Any future development within the proposed “B-2” district must provide proper setbacks from
property lines and comply with all other standards. This includes addressing the Bozeman
Design Objectives Plan for the West Main Street entryway overlay district. Thus, the proposed
zoning appears to give reasonable consideration to the peculiar suitability of the property as it
relates to properties and development in the vicinity.
11. Was the new zoning adopted with a view of conserving value of buildings?
Yes. The proposed district is compatible with other adjacent zoning designations and uses
expected within those zoning designations. The site in question contains two of three existing
lots planned as an area of reasonable transition between commercial uses and a mixed of
residential uses. The transportation network serving the area is adequate, as well as the
availability of municipal water and sanitary sewer. 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?
Yes. The proposed zoning reflects the existing long term uses of the property. The growth
policy is the means by which land use patterns are evaluated and locations for appropriate uses
assigned in a broad fashion. The area in question is an extension of the community commercial
mixed use designation currently situated on the north side of Huffine Lane. Focusing
community commercial activities into mutually reinforcing centralized areas enables each
business to take advantage of the presence of customers and employees of other businesses. It
enables greater convenience for people with shorter travel distances to a wide range of
businesses and limits commercial and heavy truck circulation through the city. A central
location enables greater access to employment and services with a reduced dependence on the
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local streets, greater efficiencies in delivery of public services, and corresponding cost savings
in both personal and commercial applications.
As discussed in several other criteria in this report, the proposed zoning is in compliance with
the adopted growth policy and the adopted land use development pattern contained within it.
Such restrictions as do exist will be adequately addressed through the development standards of
the UDO. Therefore, this proposed zoning does encourage the most appropriate use of land in
the municipality.
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. Any written comments received by
the Planning Office following completion of the respective review packets 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 approval of the application to change the municipal zoning designation from “R-O”
(Residential Office District) to “B-2” (Community Business District) for 3.18± acres of land being Lot
2 and Lot 3, Block 1 of Loyal Garden Subdivision.
The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City
Commission for consideration at its public hearing scheduled for Monday, November 8, 2010. 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
BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE
PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
REPORT SENT TO
Betty Madill, 403 Slough Creek Road, Bozeman, MT 59718
Comma-Q Architecture, 109 North Rouse Avenue, Suite #1, Bozeman, MT 59715
ATTACHMENTS
Aerial & Site Exhibits
Applicant’s submittal materials
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Loyal Garden ZMA
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RESOLUTION #Z-10240
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP TO ALLOW A CHANGE IN A MUNICIPAL ZONING
DESIGNATION ON APPROXIMATELY 3.18± ACRES OF LAND FROM “R-O”
(RESIDENTIAL OFFICE DISTRICT) TO “B-2” (COMMUNITY BUSINESS DISTRICT)
ON PROPERTY LEGALLY DESCRIBED AS LOT 2 AND LOT 3, BLOCK 1 OF LOYAL
GARDEN SUBDIVISION, PHASE 1A BEING A PORTION OF TRACT 1, COS NO. 24
AND PORTIONS OF COS NO. 25 LOCATED IN THE NE1/4 OF SECTION 16, T2S,
R5E, PMM CITY OF BOZEMAN, 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, Betty Madill, on behalf of the Betty Madill Revocable Intervivous Trust
applied for a zoning map amendment, pursuant to Chapter 18.70 of the Bozeman Unified
Development Ordinance, to amend the Bozeman zoning map to allow a change in a municipal
zoning designation on approximately 3.18± acres of land from “R-O” (Residential Office
District) to “B-2”, (Community Business District); 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 October
19, 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 the Community
Commercial Mixed Use land use designation, improvements to Cottonwood Road, preservation
of the existing residence, and future condition of Farmer’s Canal and Baxter Creek; 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-10240 to allow a change in a municipal zoning designation on approximately
3.18± acres of land from “R-O” (Residential Office District) to “B-2”, (Community Business
District), on property legally described as Lot 2 and Lot 3, Block 1 of Loyal Garden Subdivision,
Phase 1A being a portion of Tract 1, COS No. 24 and portions of COS No. 25 located in the
NE¼ of Section 16, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana subject to the
following contingencies:
1. That all documents and exhibits necessary to amend the municipal zoning designation
shall be identified as the “Loyal Garden Zone Map Amendment”.
2. That the applicant submit a zone amendment map, titled “Loyal Garden 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.
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 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 , 2010, Resolution #Z-10240
_____________________________ ____________________________
Dave Skelton, Senior Planner JP Pomnichowski, Chairperson
Dept. of Planning & Community Development City of Bozeman Zoning Commission
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ZONING COMMISSION MINUTES
TUESDAY, OCTOBER 19, 2010
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pomnichowski called the meeting to order at 7:01 p.m. and ordered the Recording Secretary to
take attendance.
Members Present:
Nathan Minnick
JP Pomnichowski
Nick Lieb
City Commission Liaison
Chris Mehl
Members Absent:
Ed Sypinski
Staff Present:
David Skelton, Senior Planner
Tim McHarg, Planning Director
Chris Saunders, Assistant Planning Director
Tara Hastie, Recording Secretary
Guests Present:
Jason Leep
Dewin Madill
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 general public comment forthcoming, Chairperson Pomnichowski closed this portion of
the meeting.
ITEM 3. MINUTES OF SEPTEMBER 7, 2010
MOTION: Vice Chairperson Minnick moved, Mr. Lieb seconded, to approve the minutes of September 7,
2010 as presented. The motion carried 3-0. Those voting aye being Chairperson Pomnichowski, Mr. Lieb,
and Vice Chairperson Minnick. Those voting nay being none.
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z-10244 – (Baxter Meadows) A Zone Map
Amendment requested by the owner, First Interstate Bank and representative NAI
Landmark, requesting a change in urban zoning designation from B-2 (Community Business
District) to R-4 (Residential High Density District) on 44 acres generally located northwest
of the intersection of Baxter Lane and Davis Lane and legally described as a portion of the
remainder of Tract 2A, C.O.S. 2202A, SE ¼, Sec. 34, T1S, R5E, Gallatin County, Montana.
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(Saunders)
Assistant Planning Director Chris Saunders presented the Staff Report noting the application was to consider
rezoning a parcel that was a portion of a larger parcel within the Baxter Meadows PUD. The area had not
been the subject of a plat but had been annexed for years. He stated the property had been planned and zoned
as commercial, but the change in long range plan designation had been modified from community commercial
mixed use to residential. He noted the location of the Chief Joseph middle school and Fire Station #3. He
stated Staff and the DRC had reviewed the proposal and found it to be consistent with the long range plan
and the review criteria; there were no negative findings in the application. He stated no public comment had
been received and the proposal would be subject to two contingencies that are needed to prepare the final
ordinance. He stated he would be happy to answer any questions.
Vice Chairperson Minnick asked if plans for Davis Lane improvements would continue to the north.
Assistant Director Saunders responded he thought Mr. Minnick was correct and noted Davis was expected to
be an arterial street north to Baxter Lane.
Mr. Lieb asked when the property was granted a B-2 zoning designation. Planner Saunders responded he
thought the original approval had been granted in 2002 with initial annexation of the property and added
there were plans for development of apartment buildings as well and the proposed zoning change was
consistent with the Growth Policy designation.
Chairperson Pomnichowski asked for clarification that the site had not been platted, but was an approved
Planned Unit Development. Assistant Director Saunders responded the six or more phases of Baxter
Meadows had been platted out of order and the portion in question had not yet gone through subdivision
review. The portion platted included the Regional Park owned by Gallatin County. Chairperson
Pomnichowski clarified that the purpose of a PUD was to provide unique design elements and many
exceptions had been granted. Assistant Director Saunders responded that there was an area to the north of
the proposed amendment that remained un-annexed and had not been platted but was planned for residential
development. Chairperson asked how the proportions of R-4 and B-2 land in the City. Assistant Director
Saunders responded the shift would be greater to the R-4 designation and B-2 had more total area then the R-
4 though he did not have specific figures. He stated in the Growth Policy change the area east of Davis Lane
had been planned as residential development in 2001 and had in 2009 been modified to a Community
Commercial Mixed Use land use designation. Vice Chairperson Pomnichowski asked if the property to the
east of Davis Lane would be obligated to provide a commercial zoning designation. Assistant Director
Saunders responded no one would be obligated to request a zoning designation that would offset the change
requested by this applicant. Chairperson Pomnichowski noted the current zoning had been in place for six
years. Assistant Director Saunders noted the City did not have the ability to tell a developer that they would
have to finish a project. The developer can abandon the entitlements. Chairperson Pomnichowski stated
zoning was predictability and noted everyone that was buying in that area was expecting a certain zoning
designation.
Mr. Lieb asked when the school had purchased the property. Mr. Leep responded it had been roughly one
and a half years. Mr. Lieb asked if Staff considered whether residential or business zoning would be located
next to a school. Assistant Director Saunders responded the school was not required to consult the City
before purchasing land. He stated the City had to recognize that they could not always see the future and the
ZMA application was the process in place to provide for future modification. He added schools and
residences were usually complimentary.
Jason Leep addressed the Zoning Commission stating he was available to answer any questions.
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Mr. Lieb asked if the bank had foreclosed on the property. Mr. Leep responded he did not think the bank had
foreclosed on the property and had instead reached an agreement. Mr. Lieb asked the logic behind the
requested amendment. Mr. Leep responded it was better that the Growth Policy designation and the zoning
matched, and it was the owner’s opinion that residential development would be more marketable. Mr. Leep
stated the portion of ground in question had not been approved as a Final PUD; he noted the same density
targets would be in place with regard to the number of dwelling units.
Chairperson Pomnichowski stated the property was now zoned B-2 (the biggest allowable commercial in the
City) and asked how density targets were the same under the B-2 as the R-4 zoning designations. Mr. Leep
responded the target was 20-24 units per acre in the PUD, which was still achievable under the R-4 zoning
designation. Chairperson Pomnichowski stated she thought the PUD had been finalized. Mr. McHarg
responded the parcel had not been finalized for that phase of the PUD. Mr. Leep responded the same concept
could be achieved with either B-2 or R-4 development. Chairperson Pomnichowski stated the northeast
corner of the site had been designated as open space. Mr. Leep responded the area would remain wetlands as
it had been designated; the park would continue through the site as the concept PUD approval was still in
place.
Chairperson Pomnichowski called for public comment. Seeing no public comment forthcoming, the public
comment period was closed.
Vice Chairperson Minnick stated he understood the request for the zoning and the need to comply with the
Growth Policy designation though he was concerned with the traffic from the Interstate through the site. He
stated there would be some density in the area and assumed traffic would be addressed upon individual site
development. He stated he concurred with the change to residential zoning but did not see the need for R-4
instead of R-3 zoning. Mr. Lieb responded that due to the location of the school and the surrounding wetland
areas he saw the need for the residential zoning district.
Chairperson Pomnichowski stated the application complied with the Growth Policy, but there were concerns
regarding the transportation systems and the undue concentration of population; going to the most density
possible seemed difficult. She stated she was concerned the property did not respect the character of the
district due to the neighboring zoning designation of B-2. She stated the most compatible urban growth was
a subjective question but the last of the review criteria were more difficult to ascertain.
Vice Chairperson Minnick asked if the motion could amend the zoning to R-3. Chairperson Pomnichowski
suggested the application as proposed would need to be acted on at the night’s meeting and any suggested
amendments would be forwarded to the Commission.
Mr. McHarg suggested the application could be continued to allow the applicant time to discuss a Zone Map
Amendment from B-2 to R-3 instead of R-4. Chairperson Pomnichowski asked Mr. Leep if the owner would
be amenable to discussions regarding requesting R-3 instead of an R-4 zoning designation. Mr. Leep
responded the applicant would prefer the zoning be approved as R-4 to maintain the density, but he would
discuss the application with the owner.
Chairperson Pomnichowski suggested the item be opened and continued. Mr. Leep responded he would be
amenable to the Zoning Commission formulating a motion with a recommendation to the City Commission
that they would prefer to see the R-3 proposed for the site.
MOTION: Vice Chairperson Minnick moved, Mr. Lieb seconded, to forward a recommendation of denial to
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the City Commission for Zone Map Amendment Application #Z-10244.
Vice Chairperson Minnick stated he agreed the parcel should be zoned residentially, but could see no reason
the zoning designation should be R-4 instead of R-3. Chairperson Pomnichowski and Mr. Lieb concurred.
The motion carried 3-0. Those voting aye being Chairperson Pomnichowski, Mr. Lieb, and Vice
Chairperson Minnick. Those voting nay being none.
2. Zone Map Amendment Application #Z-10240 – (Loyal Garden) A Zone Map
Amendment requested by the owner, Betty Madill Revocable Intervivos Trust and
representative Comma-Q Architecture, requesting a change in urban zoning designation
from R-O (Residential Office District) to B-2 (Community Business District) on 3.2 acres
located at 870 & 880 Winnow Circle and legally described as Loyal Garden Subdivision
Phase 1A, Block 1, Lots 2 &3, Sec. 16, T2S, R5E, Gallatin County, Montana. (Skelton)
Senior Planner David Skelton presented the Staff Report noting the proposal was to change the current
zoning designation from R-O to B-2 on a parcel of land within plats that currently existed in Loyal Garden
Subdivision. He stated the application was to reflect the current land use designation for future development
of the land as Community Commercial Mixed Use. He stated most of the community commercial
development had been located north of Huffine Lane and listed some of those developments. He stated there
had been recent activity south of North Cottonwood Road and Huffine Lane and noted the land directly to the
east of the site was zoned AS in the county and was agriculturally used. He stated two of the three lots
currently zoned R-O were under review for an amendment to a B-2 zoning designation. He state the
remaining R-O office lot was currently operating as a warehouse business. He directed the Commission to a
2007 aerial photo and noted locations of existing structures on the site as well as adjacent uses. He directed
the Zoning Commission to photos of the Nelson Tree Farm and those uses adjacent to the site. He noted the
original zoning designations requested by the applicant and the intent to provide a mixed use development.
He stated the Growth Policy land use designation for the site was community commercial mixed use and the
zoning change would mirror the intent and spirit of the land use designation. He stated no public comment
had been received for the proposal and Staff was supportive of the application as submitted with Staff
conditions of approval.
Mr. Lieb asked if B-2 was the preferred designation for a Community Commercial Mixed Use Growth Policy
designation. Planner Skelton responded it was generally the preferred zoning designation and noted similar
locations with the same land use designation north of Huffine Lane. Mr. Lieb asked if the bank across
Huffine Lane was zoned B-P. Planner Skelton responded Mr. Lieb was correct.
Chairperson Pomnichowski asked if there were any plans to save the existing residence. Planner Skelton
responded he was uncertain, but it could be a nice focal point for the intersection. Chairperson Pomnichowski
asked if the drainage for the Farmers Canal would be maintained without development. Planner Skelton
responded there was a transition or buffer between the lots and the existing manufacturing building; an open
space corridor that outlined Baxter Creek would serve as the transition as well as parkland area.
Mr. Lieb asked if Cottonwood Road north of Huffine Lane had been approved. Planner Skelton responded
Cottonwood to the north had been approved, but further north had not been approved for improvements to the
south of Huffine Lane. He stated the construction of Petra Academy would facilitate improvements to North
Cottonwood Road as a full principal Arterial to Babcock Street.
Cole Robertson addressed the Zoning Commission and stated he had no formal presentation but was
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available to answer questions.
Chairperson Pomnichowski asked if there were plans to salvage the existing residence. Mr. Robertson
responded there had not been discussions and there was currently no plan in place.
Chairperson Pomnichowski called for public comment. Seeing no public comment forthcoming, the public
comment period was closed.
Mr. Lieb stated he felt the application to be in keeping with most of the review criteria and neutral on those
criteria in question; he added he was in favor of the proposal with Staff conditions of approval as he felt the
requested zoning would be appropriate.
Vice Chairperson Minnick stated he thought the R-O use would complement the existing residential zoning
designations.
Chairperson Pomnichowski stated she concurred with previous member comments and her only concern had
been salvaging the existing buildings though the owner was not concerned.
MOTION: Mr. Lieb moved, Vice Chairperson Minnick seconded, to forward a recommendation of approval
to the City Commission for Zone Map Amendment Application #Z-10240 with Staff conditions of approval.
The motion carried 3-0. Those voting aye being Chairperson Pomnichowski, Mr. Lieb, and Vice
Chairperson Minnick. Those voting nay being none.
ITEM 5. NEW BUSINESS
There was no new business forthcoming.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting was adjourned at 7:55 p.m.
___________________________________ _______________________________________
JP Pomnichowski, Chairperson Tim McHarg, Planning Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
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November 17, 2010
Bozeman City Planning Department
20 E Olive St.
P.O. Box 1230
Bozeman, MT 59715
Loyal Garden – Lot 2 & 3 ZMA
Dear Commissioners,
I would like to take this opportunity to apologize for any inconvenience my absence has caused during the city
commission meeting held on Monday November 8th, 2010. The combination of stacking work tasks and
personal responsibilities led me to inadvertently overlook the time and date I was required to appear in front of
the commission on the behalf of Loyal Garden Subdivision. Lastly, I would like to ask the commission to
indulge me with any comments beyond what has already been addressed by the process of meetings and
reviews the application has undertaken.
Sincerely,
Cole Robertson, Comma – Q Architecture Inc
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MEMO
Date: November 17, 2010
Subject: Loyal Garden ZMA, Lots 2 & 3
Attention: Bozeman City Commissioners
From: Cole Robertson, AIT
1. Please accept my sincere apology for any inconvenience my absence has caused during the city
commission meeting held on Monday November 8th, 2010. A combination of stacking work tasks
and personal responsibilities led me to inadvertently overlook the time and date of my scheduled
appearance in front of the Commission on the behalf of Loyal Garden Subdivision.
2. A significant amount of time and effort was expended by our firm, the Department of Planning and
Community Development, and the Owner to address issues surrounding the proposed Zone Map
Amendment, which makes our failing particularly disappointing. Throughout the process we have
benefited from constructive review by the Planning Office, the Development Review Committee and
the Bozeman Zoning Commission; we feel that, as a team, we have addressed all issues and that
conditions of approval have been met. We also feel the project presents an opportunity to align the
property with city of Bozeman Growth Policy. However, as the final authority, if you as
commissioners have any concerns or comments beyond the scope of what has already been
addressed, please contact me at your earliest convenience.
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