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HomeMy WebLinkAbout05-01-12 Zoning Commission Minutes 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. Pagel of 5 Zoning Commission Minutes—May 1,2012 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 zoning Page 2 of 5 Zoning Commission Minutes—May 1,2012 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 their 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. Page 3 of 5 Zoning Commission Minutes—May 1,2012 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 4Z- 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 Page 4 of 5 Zoning Commission Minutes—May 1,2012 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 Page 5 of 5 Zoning Commission Minutes—May 1,2012