HomeMy WebLinkAboutLeep Zone Map Amendment, 5170 Durston Road
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Tim McHarg, Planning Director
SUBJECT: Leep Zone Map Amendment #Z-12044
MEETING DATE: May 21, 2012
AGENDA ITEM TYPE: Action (Legislative)
RECOMMENDATION: The City Commission adopts the provided staff findings and approves
the zone map amendment, with the 4 recommended contingencies listed on Page 2 of the Staff
Report, and directs staff to prepare an ordinance for the map amendment.
RECOMMENDED MOTION: Based upon the analysis and findings in the Staff Report and after consideration of public comment, I move to approve the zone map amendment request for R-3, with the 4 recommended contingencies listed on Page 2 of the Staff Report,
and direct staff to prepare an ordinance for the map amendment.
BACKGROUND: The property owner/ applicant, Leep Dairy LLC, represented by Madison Engineering, has made application to the City for a Zone Map Amendment to amend the City of Bozeman Zone Map and establish an initial municipal zoning designation on approximately 2.0
acres of R-3 (Residential Medium Density District) in conjunction with annexation request #A-
12001. The subject property is located south of 5170 Durston Road approximately 150 feet east
of Valley Drive. It is the Department of Planning and Community Development’s understanding that this property is proposed for annexation and this zone map amendment in order to be marketed for development in conjunction with the 6.6 acre Christenot property to the immediate
east which was approved for annexation and R-4 (Residential High Density District) by the City
Commission in late 2011. The underlying Bozeman Community Plan land use designation for
the currently vacant property is “Residential”. On April 11, 2012 the Development Review Committee (DRC) recommended approval of the application and their recommended contingencies are included in the attached report.
The Zoning Commission held a public hearing on the proposed Zone Map Amendment at their
May 1, 2012 meeting to formally receive and review the application and all written and oral
testimony on the proposal. The Zoning Commission voted 2-1 to not recommend approval of the requested R-3 zoning designation. The Zoning Commission discussion and public comment received at the Zoning Commission hearing can be found in the attached minutes from their
meeting, as well as the attached Zoning Commission Resolution.
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UNRESOLVED ISSUES: As previously noted, the Zoning Commission voted against
recommending R-3 zoning for the subject property. Two of the members did discuss their
preference for an even lower transitional zoning such as R-1 or R-2. (It should be noted that the
Zoning Commission is only required to make a recommendation on the application before it and there is no statutory obligation for them to make an alternate zoning recommendation and the
formal procedure for the consideration of an alternate zoning designation is reserved to the City
Commission as noted below). Staff continues to recommend approval of the applicants requested
R-3 zoning for the reasons included in the attached staff report.
If the City Commission determines to adopt a zoning designation different than what has been requested by the applicant, the following “Public Hearing Procedure and Requirement” section from the Bozeman Municipal Code (Section 38.37.030.D.2) must be considered:
“If the City Commission intends to adopt a zoning designation different than that applied for, the
hearing will be continued for a minimum of one week to enable the applicant to consider their options and whether to protest the possible action. In the case of protest against a change to the zoning map by the applicant the same favorable vote of two-thirds of the present and voting
members of the City Commission is required as for any other protested zoning action.”
ALTERNATIVES: 1) Approve the zone map amendment as recommended above by
Staff and the DRC.
2) Deny the zone amendment request as recommended by the Zoning Commission and consider a zoning designation different than what
has been requested by the applicant and continue the item for a
minimum of one week to allow the applicant to consider their
options and whether to protest the possible action (as required
under 38.37.030.D.2 cited above).
FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will
enable future development of the property with the full infrastructure and public services (police,
fire, streets, etc.) of the City. 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: Staff Report, Applicant’s submittal materials, Zoning Commission Resolution #Z-12044, Zoning Commission Meeting Minutes 5-1-12, public comment
Report compiled on: May 10, 2012
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Leep ZMA Staff Report #Z-12044 Page 1 of 9
LEEP ZONE MAP AMENDMENT FILE # Z-12044 CITY COMMISSION AND ZONING COMMISSION STAFF REPORT
Item: Zoning Application #Z-12044 – An application to amend the City of Bozeman Zone Map to establish a municipal zoning designation of R-3 (Residential Medium Density District) on
approximately 2.0 acres.
Owner/Applicant: Leep Dairy LLC, 781 Hwy. 437, Toston, MT 59643.
Representative: Madison Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718
Date/Time: Before the Bozeman Zoning Commission on Tuesday, May 1, 2012 at 6:00 PM in the Commission Meeting Room, City Hall, 121 North Rouse Avenue Bozeman, Montana; and before the
Bozeman City Commission on Monday, May 21, 2012 at 6:00 PM in the Commission Meeting Room,
City Hall, 121 North Rouse Avenue Bozeman, Montana
Report By: Doug Riley, Associate Planner
Recommendation: Approval of R-3 with contingencies
LOCATION
The subject property is located south of 5170 Durston Road approximately 150 feet east of Valley
Drive. (NOTE: This property is immediately west and adjoins the 6.6 acre Christenot property that was approved for R-4 zoning by the City Commission in late 2011). The approximately 2.0 acres is legally described as Tract 6B, Smith Subdivision located in the NW 1/4 of Section 11, T2S,
R5E, PMM, Gallatin County, Montana. Please refer to the vicinity map below.
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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 38.37.020 of the Unified Development Code and Section 76-2-304 Montana Codes Annotated, the Planning Staff recommends
approval of the requested Zone Map Amendment with the following contingencies:
1. That all documents and exhibits necessary to establish an initial municipal zoning designation
shall be identified as the “Leep Zone Map Amendment”. 2. That the Ordinance for the Zone Map Amendment shall not be approved until the Annexation
Agreement is signed by the applicant and formally approved by the City Commission. If the
annexation agreement is not approved, the Zone Map Amendment application shall be null and
void.
3. That the applicant submit a zone amendment map, titled “Leep 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.
PROPOSAL
The property owner has made application to the Bozeman Department of Planning and Community Development for a Zone Map Amendment to establish an initial municipal zoning designation of R-3 (Residential Medium Density District) on approximately 2.0 acres. The subject property is not
currently located within the corporate limits of the City of Bozeman and this ZMA is being processed
with a concurrent annexation application. It is the Department of Planning and Community
Development’s understanding that this property is proposed for annexation and this zone map amendment in order to be marketed for development in conjunction with the 6.6 acre Christenot property to the immediate east which was approved for annexation and R-4 (Residential High Density
District) in late 2011. This property is approximately 140 feet wide and 640 feet long.
The intent of the R-3 District “is to provide for the development of one-to five-household residential structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses.”
On April 11, 2012 the Development Review Committee (DRC) recommended approval of the
application with the recommended contingencies included above.
LAND CLASSIFICATION AND ZONING
The property is currently vacant and is technically landlocked (i.e. does not have any current road
frontage). The following existing land uses and zoning are adjacent to the subject property:
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Leep ZMA Staff Report #Z-12044 Page 3 of 9
North: Residential (5170 Durston Road); Unannexed County Land – Designated “Residential”
on the City of Bozeman Future Land Use Map
South: Vacant; Approved for Zoned R-4 (Residential High Density District)
East: Vacant; Approved for Zoned R-4 (Residential High Density District)
West: Vacant and Residential: Unannexed County Land – Designated “Residential” on the City
of Bozeman Future Land Use Map
Existing Zoning and Future Land Use Maps
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Leep ZMA Staff Report #Z-12044 Page 4 of 9
REVIEW CRITERIA
The establishment of a zoning district is a legislative act to set policy relating to future development
proposals. The Bozeman Planning Office has reviewed the application for a Zone Map Amendment
against the Bozeman Community Plan, the City of Bozeman Unified Development Code (UDC), and
the thirteen (13) 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 and City Commission.
A. Be in accordance with a growth policy. Yes. The subject property is recognized as “Residential” on Figure 3-1 Future Land Use Map of the
Bozeman Community Plan as noted on the above map. The Residential land use designation of the
Bozeman Community Plan indicates that:
“This category designates places where the primary activity is urban density dwellings. Other uses
which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. High density residential areas should be established
in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to
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commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing
types can be blended to achieve the desired density. Large areas of single type housing are
discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and
in a fashion which advances the overall goals of the Bozeman growth policy. The residential
designation is intended to provide the primary locations for additional housing within the planning area.”
Figure 3-1 (Future Lane Use Map) is not the only element of the growth policy which must be considered. There are many goals, objectives, and other text which must also be evaluated. While not
every element will apply to every proposal, a broad evaluation of compliance is needed. A proposal
may comply with Figure 3-1 but not the other elements of the plan. To be in accordance with the
growth policy compliance must be to both Figure 3-1 and the other plan elements.
Chapter 3 of the Bozeman Community Plan addresses land uses. Beginning on page 3-3, there are seven principles laid out which provide a foundation for Bozeman’s land use policies and practices.
There is a description of each of them provided in the provided pages attached to this report. These are:
• Neighborhoods
• Sense of Place
• Natural Amenities
• Centers
• Integration of Action
• Urban Density
• Sustainability
Supportive examples of applicable goals and objectives for this application include:
Chapter 3 Land Use
Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides public
and private basic services and facilities in close proximity to where people live and work, and
minimizes sprawl.
Objective LU-1.4: Provide for and support infill development and redevelopment which
provides additional density of use while respecting the context of the existing development
which surrounds it. Respect for context does not automatically prohibit difference in scale or
design. (underlining added)
The subject property is vacant and this property can be considered an infill development site. When potentially developed in conjunction with the adjacent (Christenot) property to the east, all necessary
City infrastructure (streets, sewer, water, etc.) is available to the property. Due to some previously
expressed property owner/resident objections to the R-4 zoning proposed for the Christenot property to
the east, the applicant has proposed R-3 zoning for this 2.0 acres to help transition the type of
development on this property to the existing residences along Valley Drive to the west. This would also achieve the Growth Policy statement that “a variety of housing types can be blended to achieve
the desired density.” The primary difference in the R-3 zoning district (versus R-4) is that
“Apartments”, (defined as more than 5 attached units), would not be permitted on this property and
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thus the potential future density on the 2.0 acres would be reduced. A copy of Table 38.08.020 (Table
of Residential Uses) that lists permitted uses in the various residential zoning districts is also attached at the end of this report.
In considering the appropriateness of a particular zoning district for a site, it is appropriate to consider
what district will most fully advance the community plan goals and aspirations. As a zone map
amendment is a legislative, not quasi-judicial, matter the City has broad discretion to decide the course
considered most suitable.
There is other existing R-3 zoning in this immediate area (as noted in the above “Existing Zoning Map”). With coordinating development of this property with the Christenot R-4 property to the
immediate east, it would allow for appropriate infill development and the utilization of the existing
City infrastructure as desired by the City’s adopted Growth Policy.
B. The effect on motorized and non-motorized transportation systems. Yes. As noted earlier this property does not currently have any road frontage and is technically
landlocked. Coordinating development of this site with the property to the east will allow a
transportation connection to Durston Road which is classified as an arterial in the Bozeman
Transportation Plan. Annexation of this property will also include a condition regarding the granting of
right-of-way for the extension of Villard Street across this property (the same as what was required for the Christenot Annexation). The extension/connection of the streets and pedestrian systems with
adjacent City streets to serve this property will be required as part of any future development proposal.
Note: As a currently “landlocked” property, the annexation and the placement of a zoning district
designation does not guarantee available services, especially if this property is not proposed for
development in conjunction with the property to the east. Section 38.07.010.C of the Unified Development Code states: “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that district are
generally acceptable in that location. It is not a guarantee of approval for any given use prior to the
completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the
part of the city to bear the cost of extending services”.
C. Secure safety from fire, panic, and other dangers.
Yes. The regulatory provisions established in all of the zoning designations, in conjunction with
provisions for adequate transportation facilities, properly designed water mains and fire service lines and adequate emergency exits/escapes, will address safety concerns with any further subdivision
and/or other development of the property. All new structures and development on the subject property
would be required to meet the minimum zoning requirements for setbacks, lot coverage, height
limitations and lot sizes to ensure the health, safety and general welfare of the community. Per Article
1 of the UDC, the City of Bozeman’s has the authority and power to require more stringent standards than the minimum requirements if it ensures the best service to the public interest.
D. Promote public health, public safety, and general welfare. Yes. The regulatory provisions established through the City’s municipal code under Chapter 38,
Unified Development Code (UDC), BMC, will adequately address the issues of health and general
welfare. Further development of the subject property also requires review and approval by the Montana Department of Health and Environmental Sciences, City Engineer's Office and Director of
Public Service.
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The property, upon development, would be required to come into conformance with all requirements
of the zoning ordinance.
Additional 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 when residential densities and demand can be more closely calculated. Water and sewer
infrastructure are in the vicinity and available to the site in conjunction with adjacent property
development.
E. Reasonable provision of adequate light and air. Yes. The regulatory standards set forth in the City of Bozeman UDC for the requested R-3 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.
F. Prevention of overcrowding of land. Yes. The minimum yard setbacks established in the R-3 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. 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 should prevent the overcrowding of land, and maintain compatibility with the character of the surrounding area.
G. Avoiding undue concentration of population.
Yes. Future development of the subject property zoned under this proposal will result in a density
increase beyond what currently exists on the vacant property. However, compliance with the regulatory standards set forth in the UDC and the International Building Code will aid in providing adequately sized dwelling units to avoid undue concentration of population. According to the census
information for the City of Bozeman the average household size has been declining from 5.74 in 1930
to 2.48 in 2000. This historical trend is anticipated to continue and would indicate that the undue
concentration of the population is not a significant issue with any zoning designation.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Yes. Further assessment of the impacts to infrastructure, public services, schools, park land, and other
community requirements will be evaluated during subdivision and/or site plan review. Said impacts
identified with development of the property will be mitigated with recommended conditions of approval by the DRC with a determination made by the approval authority on adequate provisions.
For this application, the DRC has determined that municipal infrastructure is located in proximity to
the subject property and, in conjunction with adjacent property development, could be extended into
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 times of the site. The City will have the opportunity to further evaluate the development of the property during the
above-described review procedures.
I. Conserving the value of buildings.
Neutral. The property is currently vacant. The adjacent properties are primarily a mix of older and
newer residential buildings and vacant properties.
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Leep ZMA Staff Report #Z-12044 Page 8 of 9
J. Character of the district.
Yes. The most important factor in determining the suitability of a proposed zoning designation is the potential for compatibility with existing adjacent land uses. As envisioned by the Bozeman
Community Plan, this area is designated to continue to develop as “Residential”. The applicant has
also consciously requested the R-3 district designation in an effort to transition the potential density
and type of residential development to the unannexed County properties to the west that lie along
Valley Drive. Future planning and review requirements will also give the City the ability to control how the uses on site would function and relate to the surrounding developed and undeveloped
properties.
K. Peculiar suitability for particular uses.
Yes. The relatively small nature (2.0 acres) and narrow shape of this property will benefit from being
coordinated with development of the Christenot property to the east. It will also benefit from the flexibility of the allowed residential land use types and dimensional requirements of the R3 zoning
district in designing future development. R-3 zoning will also permit infill development that would
best take advantage of the existing infrastructure (e.g. streets, sewer, water, etc.) available to this
property.
L. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The R-3 zoning designation of this proposal is supportive of the overall intent of the growth policy in regards to encouraging infill development and the establishment of urban density. As
previously noted, this zoning will also allow this property to develop at a density that takes full
advantage of the City’s infrastructure available at this location.
M. Promotion of Compatible Urban Growth. Yes. The Bozeman Community Plan provides several guiding ideas and principles for the physical
development of the City. Development consistent with these ideas and principles are more likely to be
compatible with adjacent development both within and outside of the City limits. The growth policy
encourages infill development and higher density urban centers. Future review of an actual
development proposal will also look at achieving appropriate compatibility with the surrounding area.
PUBLIC COMMENT
One letter opposing the proposed R-3 zoning has been received as of the writing of this report. The
letter supports the establishment of either R-1 or R-2 zoning for this parcel (copy of letter attached to
the end of this report).
SUMMARY & CONCLUSION
The Department of Planning and Community Development and the Development Review Committee,
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
with contingencies.
The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City Commission for consideration at its public hearing scheduled for Monday, May 21, 2012. 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.
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REPORT SENT TO
Leep Dairy LLC, 781 Hwy. 437, Toston, MT 59643
Madison Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718
ATTACHMENTS
Bozeman Community Plan - Chapter 3 Land Use Principles
Table 38.08.020 of UDC (Table of Residential Uses)
Public Comment Letter
Applicant’s submittal materials
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RESOLUTION #Z-12044 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-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON 2.0+- ACRES OF PROPERTY WHICH IS DESCRIBED AS TRACT 6B, SMITH SUBDIVISION LOCATED IN THE NW ¼ OF SECTION 11, T2S, R5E, PMM, GALLATIN COUNTY,
MONTANA.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of
the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, Leep Dairy LLC, through their representative Madison Engineering, applied for a zoning map amendment, pursuant to Chapter 38, Article 37 of the Bozeman Unified
Development Code, to amend the Bozeman zoning map to establish an initial zoning designation
of R-3 (Residential Medium Density District) for 2.0+- 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 38, Article 37 of
the Bozeman Unified Development Code and Title 76, Chapter 2, Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on May 1,
2012, to formally receive and review all written and oral testimony on the proposed zoning map amendment; and
WHEREAS, one public comment letter was received and four members of the public
who reside on Valley Drive spoke at the public hearing expressing concerns regarding the
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requested zoning designation of R-3 and its compatibility and future impacts to the area and requesting that a lesser zoning designation of R-1 or R-2 be considered; and
WHEREAS, the City of Bozeman Zoning Commission discussed the potential impact of
the application and the compatibility of the requested Zoning with area properties; and
WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning map amendment does not generally comply with the thirteen criteria for consideration
established in Chapter 38, Article 37 of the Bozeman Unified Development Code;
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning Commission, on a vote of 2-1, officially recommends to the Bozeman City Commission denial of zoning application #Z-12044 to amend the Bozeman zoning map to establish an initial zoning
designation of R-3 (Residential Medium Density District) on 2.0+- acres contingent upon
annexation of said property which is described as Tract 6B, Smith Subdivision located in the NW
¼ of Section 11, T2S, R5E, PMM, Gallatin County, Montana.
DATED THIS DAY OF , 2012, Resolution #Z-12044
_____________________________ ____________________________ Doug Riley, Associate Planner Ed Sypinski, Chairperson Dept. of Planning & Community Development City of Bozeman Zoning Commission
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ZONING COMMISSION MINUTES
TUESDAY, MAY 1, 2012
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Sypinski called the meeting to order at 6:00 p.m. and ordered the Recording
Secretary to take attendance.
Members Present:
Ed Sypinski, Chairperson
David Peck
Erik Garberg
City Commission Liaison:
Carson Taylor
Members Absent:
Nathan Minnick, Vice Chairperson
Staff Present:
Doug Riley, Associate Planner
Tara Hastie, Recording Secretary
Guests Present:
Jerry Pape
Jeff Krauss
Chris Budeski
Greg Kindschi
Carolyn Powell
Shane Leep
Deb Stober
Scott Savage
ITEM 2. PUBLIC COMMENT {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 Sypinski closed this
portion of the meeting.
ITEM 3. MINUTES OF AUGUST 16, 2011
MOTION: Mr. Garberg moved, Mr. Peck seconded, to approve the minutes of August 16, 2011
as presented. The motion carried 3-0. Those voting aye being Chairperson Sypinski, Mr. Peck,
and Mr. Garberg. Those voting nay being none.
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ITEM 4. ELECTION OF OFFICERS
MOTION: Mr. Garberg moved, Mr. Peck seconded, to continue the item to the next meeting of
the Zoning Commission. The motion carried 3-0. Those voting aye being Chairperson Sypinski,
Mr. Peck, and Mr. Garberg. Those voting nay being none.
ITEM 5. PROJECT REVIEW
1. Zone Map Amendment Application #Z-12044 – (Leep) A Zone Map Amendment requested
by the owner and applicant, Leep Dairy, LLC, 781 Highway 437, Toston, MT 59643, and
representative, Madison Engineering, Chris Budeski, 895 Technology Boulevard, Suite 203,
Bozeman, MT 59718, requesting to allow the establishment of an initial zoning classification
of R-3 (Residential Medium Density District) contingent upon annexation of 2.0 acres located
south of 5170 Durston Road (generally located at Durston Road and Valley Drive), and legally
described as Tract 6B of Smith Subdivision, Gallatin County, Montana. (Riley)
Associate Planner Doug Riley presented the Staff Report noting the location of the site and that
the applicant was proposing a zoning designation of R-3 (Residential Medium Density District).
He noted Staff had previously encouraged the applicant to coordinate the development with the
adjacent parcel but the applicant was unable to do that at the time of the Christenot Application
and had attempted to transition the property as far as potential development with the current
application. He stated access would be tied to development of the parcel to the east with access
from the Christenot property and future extension of Villard Street. He stated the proposed
zoning was in keeping with the Growth Policy Designation and noted adjacent existing uses. He
stated one letter of public comment had been received in opposition to the proposed zoning and
suggesting a lower density zoning district such as R-1 or R-2. He stated Staff was supportive of
the proposal with Staff findings as outlined in the Staff Report.
Mr. Garberg asked for clarification of the different allowances in the R-3 and R-4 zoning
districts. Planner Riley responded the primary difference was that R-3 would not permit
apartments or that type of density that an R-4 zoning district would allow. He added there were
other minor differences in allowable uses and listed some of those distinctions.
Mr. Peck asked if the landowner to the west had contemplated coordinating with the other two
adjacent landowners. Planner Riley responded Staff had no contact with that adjacent
landowner. Mr. Peck asked if Villard Street would be extended to Valley Drive. Planner Riley
responded the Engineering Department intended to require that connection if that next parcel was
ever proposed for annexation.
Chairperson Sypinski asked if the Christenot Annexation had been completed. Planner Riley
responded the applicant had six months from the date the City Commission approved the
annexation to bring the documentation back to the City to proceed with annexation and that six
month period was approaching.
Chris Budeski, Madison Engineering, addressed the Zoning Commission. He stated Planner
Riley had done a great job presenting the proposal. He stated the applicant had chosen the R-3
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zoning district due to Zoning Commission comments at the Christenot meeting; he added it was
intended to be a transitional zoning designation so that low density development was not
immediately adjacent to the higher density development. He noted the zoning district would
allow four-plexes to be constructed as the highest density development.
Chairperson Sypinski asked how many four-plexes would fit on the site if the applicant chose to
develop the property as such. Mr. Budeski responded four to six four-plexes would be
accommodated by the site; he noted there could be 16 to 24 units. He added there could be a
variety of development including single-household structures. Chairperson Sypinski stated the
Commission had a bare quorum and noted they decision would have to be unanimous or it would
be denied; he offered the applicant the opportunity to open and continue the item.
Jerry Pape, Triple Creek Realty, addressed the Zoning Commission. He stated he would like to
discuss the current project as well as the Christenot project the Commission had already
reviewed. He noted the location of Springbrook Drive and noted the interior street that would
have to be constructed; he stated the R-3 zoning district had been proposed to allow for
arrangement of the street connections and to create a little less density; he added it would be
difficult to sell the property with a two acre parcel undeveloped next to it.
Shane Leep, owner, 250 Goddfrey Way, Manhattan, MT, stated he was representing his father
and his brothers. He stated they were dairy farmers and not developers. He stated the previous
family owners had sold the property due to their conflict with cancer. He stated the grass hay had
been harvested from the property and he and his family had been contacted with regard to
annexation of the site.
Greg Kindschi, 505 Valley Drive, stated he supported the annexation of the property but with a
zoning designation of R-1 or R-2 and were not supportive of the proposed R-3 zoning district.
He stated the definition of R-3 zoning included townhouse clusters and he considered that a high
density district. He stated he and his wife wanted to go on record in opposition of the density; he
added increased traffic and crime as well as concerns with the water quality of their drinking
well. He encouraged the Zoning Commission to forward a recommendation of denial for the
project and suggest either R-1 or R-2 zoning.
Carolyn Powell, 315 Valley Drive, stated she had lived in her home for twenty years. She stated
the recent Christenot Annexation was for high density; she stated there could be up to 352
people, vehicles, and that much more noise in the neighborhood. She stated the Valley Drive
neighborhood would be ruined and noted she had photographed the development behind her
house which was ten feet away from their property line. She stated the residents of Valley Drive
were responsible for the upkeep of the road and asked if the City would pave, gravel, or grade the
road if Villard Street were extended. She stated she thought what Bozeman had done was
reprehensible for their neighborhood; they want more money for its coffers and more control
over the residents of the City. She asked who would buy the lots with that many units on them.
She suggested the Zoning Commission forward a recommendation of denial for the proposal.
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Scott Savage, 301 Valley Drive, stated that last August he had attended the Christenot
Annexation meeting before the Zoning Commission. He stated it had been blatantly apparent to
any reasonable person that the application did not meet the review criteria as set forth in the
UDC. He stated it had frustrated him that the City Commission had approved the Christenot
Application and urged the Zoning Commission to forward a recommendation of denial using the
review criteria.
Deb Stober, 395 Valley Drive, stated she was here to ask for the Zoning Commission to
recommend R-1 zoning on the property. She stated the City Commission had ignored their vote
on the Christenot property as they had not suggested an alternative to the R-4 such as R-1. She
apologized for her emotions and stated she could not tell them how many meetings they had gone
to regarding the development of the Valley Drive area. She stated the property to the west of the
Leep site was currently Gallatin County property but had covenants from their subdivision. She
stated she was not against the City, but wanted the Zoning Commission to realize that putting
Villard Street through to Fowler would make sense but extending it through the residential
development did not make sense. She stated the area is unbelievably dense already and would
not need to be as dense if the University Housing projects got approved.
Mr. Budeski asked if he could rebut the comments made by the public. Chairperson Sypinski
responded Mr. Budeski could not rebut the comments as the Zoning Commission was proceeding
to motion and discussion. Recording Secretary Hastie pointed out that the by-laws indicated that
Mr. Budeski could rebut public comment. Chairperson Sypinski concurred.
Mr. Budeski responded that the height would be as allowed within the zoning district
requirements based on the roof pitch. He stated development adjacent would not share the same
street.
MOTION: Mr. Garberg moved, Vice Chairperson Minnick seconded, to forward a
recommendation of approval to the City Commission for Zone Map Amendment Application #Z-
12044 with Staff findings as outlined in the Staff Report and public comment received at the
meeting.
Mr. Garberg stated he thought R-3 was a good transitional zoning given the Christenot parcel and
adjacent sites.
Mr. Peck stated he appreciated the applicant’s efforts regarding transitional zoning, but he was
on the side of the property owners on Valley Drive. He stated he would prefer to see the zoning
step down further to ease the transition more clearly.
Chairperson Sypinski read the review criteria under which the proposal was being heard and as
set forth in the UDC. He noted the Zoning Commission could not make a recommendation for
alternative zoning and could only deny the proposed zoning designation. He stated the City
Commission not following their recommendation with regard to the Christenot application had
given him pause. He stated he did not find the proposal compatible with the appropriate use of
the land and added he agreed with Mr. Peck that he would prefer to see a better transitional and
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lower density district. He stated he would likely not vote in favor of the application.
Chairperson Sypinski asked if Commission Liaison Taylor would like to make comments. Mr.
Taylor said he would reserve his comments until City Commission review.
The motion failed 1-2. Those voting aye being Mr. Garberg. Those voting nay being Mr.
Peck and Chairperson Sypinski.
ITEM 6. NEW BUSINESS
Carson Taylor introduced himself as the City Commission liaison. He stated he hoped the
Zoning Commission knew how valuable they were despite differences of opinion between them
and the City Commission. He stated he would like to see mutual appreciation amongst them all.
Chairperson Sypinski stated the City Commission had the authority to move forward with a
Zoning Commission recommendation or not as they saw fit; he felt the Zoning Commission had
done their due diligence but he was hoping for more latitude with the application. Mr. Taylor
stated he saw, in part, his role as interpreter of the minutes to the City Commission. Chairperson
Sypinski clarified that there were no hard feelings.
Planner Riley clarified that to adopt a different zoning than what has been requested is the right
of the City Commission; if they are so inclined, the City Commission hearing would have to be
continued for a certain period to allow public comment and protestation from the applicant.
Chairperson Sypinski thanked Planner Riley for his clarification.
Mr. Garberg asked if the Staff Report would have to be amended if the City Commission wanted
to adopt a different zoning district. Planner Riley responded the City Commission could disagree
with Staff and include their own findings in the approval of an alternate designation.
ITEM 7. ADJOURNMENT
The Zoning Commission meeting was adjourned at 6:50 p.m.
Edward Sypinski, Chairperson Doug Riley, Associate Planner
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
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