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HomeMy WebLinkAbout05-15-12 Zoning Commission Minutes ZONING COMMISSION MINUTES TUESDAY, MAY 15, 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: Members Absent: Nathan Minnick, Vice Chairperson Staff Present: Tim McHarg, Planning Director Chris Saunders, Assistant Planning Director David Skelton, Senior Planner Doug Riley, Associate Planner Tara Hastie, Recording Secretary Tim Cooper, City Attorney Guests Present: Martha Lonner Kay Newman Terry M. Lonner Dan Beeman Diane Beeman Mike Campbell Dan Archer Kristin Campbell Al Springer Paula Carstenson John Carstenson David Kraft Brad O'Grosky Dave Crawford Scott Spratt Cindy Spratt Martin Studer Mary Sudowski Page 1 of 11 Zoning Commission Minutes—May 15,2012 Danny Klewin Sarah Robson Gloria Lindemeier Kevin Barre Terrace M. Smith Kerry Reif Bob McKenzie E.J. Litle Don Murdock Ken Jacobs Dawn Dingman 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 MAY 1, 2012 Chairperson Sypinski stated that on page 3, paragraph 2, the word"they" should be "their". MOTION: Mr. Garberg moved, Mr. Peck seconded, to approve the minutes of May 1, 2012 as amended. The motion carried 3-0. Those voting aye being Chairperson Sypinski, Mr. Peck, and Mr. Garberg. Those voting nay being none. ITEM 4. ELECTION OF OFFICERS MOTION: Mr. Garberg moved, Mr. Peck seconded, to open and continue the item to the next meeting of the ZC or until there is a quorum of members of the ZC attending. 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-12068 —(Mahar Lot 4A) A Zone Map Amendment requested by the owner and applicant, Mahar Montana Homes, 1627 W. Main St., Ste. 370, Bozeman, MT 59715, and representative, C&H Engineering, 1091 Stoneridge Dr., Bozeman, MT 59718, requesting to establish an urban zoning designation of R-1 (Residential Single Household Low Density District) on 5.01 acres in conjunction with annexation. The property is located at 3601 Good Medicine Way and legally described as Lot 4A of Minor Subdivision No. 35C, located in the NE 1/4, Sec. 25, T2S, RSE, Gallatin County, Montana. (Saunders) Assistant Planning Director Chris Saunders presented the Staff Report noting the application was to establish an initial zoning designation of R-1. He indicated the location of the property and directed the Zoning Commission members to a map of the location. He stated the criteria for Page 2 of 11 Zoning Commission Minutes—May 15,2012 approving a Zone Map Amendment were established in statute and carried out through the ordinance. He directed the Zoning Commission members to the definitions of Compatible Development and Compatible Land Use in the U.D.C. and noted the adjacent land uses existing around the property. He noted the area to the south of Goldenstein Lane was not expected to see substantial development within the next 20 years. He noted the City limits boundary to the north and south of the subject property as well as a little bit to the east. Assistant Director Saunders stated that as part of the subdivision PUD for Sundance Springs there were allowable uses to the south of the property that included an area where allowable uses were those allowed in the B-1 zoning district. He stated the property was immediately adjacent to parks, open space, and trails. He noted S. 3rd Avenue was a collector street designed to handle higher traffic volumes than a local street so there may be additional improvements that would be required. He noted the watercourse and wetland areas within the site and added the applicant would be required to map the wetland areas_ He stated the banks of the watercourse were steep, but the majority of the site was flat. Assistant Director Saunders stated Staff had looked at the Growth Policy designation and had found the proposed zoning designation to be in keeping with those objectives. He stated Staff was supportive of the application as presented and added there was opportunity for other alternatives but the application in front of the Zoning Commission was for R-1. He stated a petition had been received regarding the zoning designation and Staff would determine if an adequate protest had been filed. He stated there were four provisions applied to the approval which were all procedural requirements that were needed to prepare ordinances, etc. He stated if the Zoning Commission read through the requirements the outer boundary and adjacent right of way for the property should be included and that was the reason for the condition. He stated he would be happy to answer any questions the Zoning Commission members had. Chairperson Sypinski asked Assistant Director Saunders about access to the site and noted he had not seen any accesses depicted. Assistant Director Saunders responded that S. 3rd Avenue was a collector street and therefore had an access restriction of 330 feet between accesses; he noted there was adequate separation to provide an access off of S. 3rd Ave. He added access restrictions were dedicated solely to the development of the property and those standards were the same regardless of the zoning district so they would address accesses once an application was submitted. Chairperson Sypinski asked what zoning designation would allow a church as previously proposed. Assistant Director Saunders responded any zoning district would allow a church. Matt Cotterman of C&H Engineering, representative of Mahar Montana Homes, stated the property was perfectly suited for annexation into the City and would allow growth within the City without the expansion of infrastructure such as water and sewer. He stated R-1 was the lowest density designation that provided suitable urban density with a gross density of three dwelling units per acre. He stated he had received a number of written comments from adjacent property owners regarding the proposed density. He stated he couldn't blame the neighbors for wanting to see the R-S zoning district. He stated that under the intent and purpose of the Residential Suburban district; the district is for properties unable to meet the minimum requirements of the Page 3 of 11 Zoning Commission Minutes—May 15,2012 City. He noted a lower density would propagate sprawl and those impacts should be considered now instead of later. He stated he did not know if the proposal was "spot zoning" as he was not an attorney. Susan Swimley, 1807 W. Dickerson St., representative of some of the neighbors stated she had submitted public comment and asked that it be part of the record. She noted the parcel had been divided with the intention of having a zoning designation of R-S. She stated she had done the analysis and believed she was correct in claiming that the proposal was for"spot zoning". She stated the petitions included over 85 signatures indicating they did not think R-1 was an appropriate zoning district for the site. She stated she would further research the potential access to the site from S. 3rd Avenue. She stated that under the City's Growth Policy there was no indication that R-S was for properties that could not meet the R-1 requirements; the Growth Policy allowed for review of the density to see if it was compatible within a given area. She stated the language in the U.D.C. with regard to Planned Unit Developments encouraged development of vacant properties; the site was the last of a group of parcels developed in the 1980's. She stated the City had conscientiously planned the area and Sundance Springs had been told to go through the review process as R-S; R-1 would not be the most appropriate zoning for the site. She asked the Zoning Commission to forward a recommendation that would be good for the neighbors and the community. Eldon Al Springer, 3404 Wagon Wheel Road, stated he and his wife had lived in their location since 1974 and had wetlands bordering on the eastern side of their lot. He stated their lots were larger and the site would not be consistent with the adjacent lots. He stated he felt spot zoning of R-1 was not appropriate for the area considering the wetlands and open space areas and that R-S would be more compatible for the area. He suggested the zoning be changed to R-S. Martha Lonner, 3602 Good Medicine Way, stated that almost 40 years ago they had built their home and worked to maintain their property. She stated her two children were brought home there after their births and she and her husband might die there. She stated the Zoning Commission could consider the history of the land; it was purchased in 1966 and was 340 acres of agricultural land. She stated the property was then divided until in 1971 and 1973 the existing subdivisions were established. She stated the Sourdough Community Plan had been introduced at that time and they were one of the first ones in the area. She stated in 1979 a minor subdivision was platted and was designated as a church property with three additional lots; the noted included no direct access from S. 3rd Avenue, the site was to be used for a church and associated church structures, and access was to be a 30 foot access off of South 3rd Avenue. She stated in 1996 Sundance Springs was annexed and a PUD was developed with a quality trail system and Good Medicine Way being a primary access to the trail system. She stated that all three of the Final Plat notes were absent on the current plat when only one note was to be removed. She stated the residents had come to stay and live out their lives there; Lot 4 was not a piece of land that had never been zoned and had been slated for R-S development. She stated they had invested in the property and had spent years making it a great place to live. She asked the Zoning Commission to deny the proposal and preserve their standard of living. Page 4 of 11 Zoning Commission Minutes—May 15,2012 Terry Lonner, 3602 Good Medicine Way, stated he would play a recording from the County Commission hearing on April 11, 2006 regarding removal of the Final Plat notes for the site and amending the plat. His recorded testimony indicated that he would oppose, no matter who bought it, any application not in harmony with the existing development and the subdivision would work with the new owner to a certain extent. He indicated he did not want to see six units per acre out on the site. Nancy Hildner, 3505 Good Medicine Way, was included in the recorded testimony and indicated she concurred with Mr. Lonner with regard to the density of the site. The County Commission stated they would be committed to not allowing the six units per acres designation with the exception of the annexation. Terrace Smith, 528 Peace Pipe Drive, stated he lived directly across the street from the subject property and that he agreed with Ms. Swimley. Sarah Robson, 528 Peace Pipe Drive, stated she agreed with all previous public comment and was in opposition of the proposed zoning designation. Mary Sudowski, 3414 Wagon Wheel Rd, stated she had purchased the property in February of this year and she was a newcomer to the subdivision. She stated she had lived up Bridger Canyon and she appreciated the mature vegetation and natural wildlife in the area. She stated there was an incredible historic precedent set for the area and she would like to see it stay zoned R-S. She stated she was working 3 jobs to make it possible for her and her family to live in the area. She stated the traffic load on S. 3rd Ave. was a big deal; traffic had been backed up from Kagy Blvd. past the curve on Wagon Wheel due to the school. She noted there was incredible traffic congestion and the traffic study needed to be updated. Ken Jacobs stated he was one of the homes within 1500 feet of the lot. He stated he had been there since 1974 when the landscaping was just big open fields. He stated his primary concern was the traffic that would be generated on Good Medicine Way with the density of the development. He stated"spot zoning"would set an ugly precedent for similar spots all over the City. He urged the Zoning Commission to deny the R-1 zoning district. Ed Litle, 3416 Wagon Wheel Road, stated he was at a disadvantage pointing out the obvious and he wished he could walk the members through the subdivision. He stated the trail system in an R- 1 neighborhood would just be wrong; the trails got heavy use with 100's of people every day. He stated there would be 25 to 30 houses on the site and would be obviously wrong. It would enhance one person at the expense of the rest of the community. Scott Spratt, 3604 Good Medicine Way, stated he concurred with all previous public comments, especially Ms. Swimley's. He stated he had moved back to Bozeman in 2001 and had purchased a lot in Harvest Creek Phase 1 next to open space; the next year more phases of the development were completed and he was looking at a fence in his rear yard. He stated he had asked his realtor what had been planned for the subject site and he had been told the site was platted for a church. He stated the R-1 subdivision,just what he had not done his homework on before, was now being proposed. He stated he was in strong opposition of the proposal. Page 5 of 11 Zoning Commission Minutes—May 15,2012 Martin Studor, 3425 Good Medicine Way, stated the neighbors (Hildner's and Hatterly's) had asked him to share their opposition to the proposal. He stated his was the last house developed in the neighborhood though they had been there for eight years. He stated Good Medicine Way is virtually an extension of the trail system and they saw a wide variety of people utilizing the access. He stated he appreciated the neighborhood and the neighbors themselves. He noted that after they had moved in, the church had sold the property. The 20 unit density proposal had been opposed by the neighborhood at that time and afterwards was purchased by Mr. Mahar. He stated Mr. Mahar had likely paid too much for the property and had been sitting on it undeveloped. He stated there was plenty of other property that could be developed as R-1 and he felt it was inconsistent with the surrounding sites. He stated even if 15 units were included on the 5 acres it would be too dense. He asked for members of the audience to indicate if they were supportive and none in support were forthcoming. Brad O' Grosky, 2343 Graf Street, stated he moved to Sundance Springs last year with his wife. He stated the only benefit that would be provided would be a profit for the developer. He stated he was in opposition to the proposal. Gloria Lindemeier, 168 Peace Pipe Drive, stated she opposed the proposed R-1 zoning district and she would favor R-S. Don Beeman, 425 Peace Pipe Drive, stated he opposed the R-1 zoning and prefer to see the property maintain the R-S zoning district. Kerry Reif, 90 Trails End Road, stated she had lived there for 31 years and had purchased the property because it was low traffic and low light. She stated the R-1 zoning would impact those features significantly. Bob Mackenzie, 90 Trails End Road, stated he had moved from Colorado with the express purpose of escaping high population and density. He encouraged the Zoning Commission to maintain the R-S zoning district. Mike Campbell, 106 Trails End Road, stated he also represented his wife. He stated his wife had grown up on Wagon Wheel Road and were in opposition of the R-1 zoning district but were supportive of the R-S. He presented a letter from his father in law in opposition of the proposed R-1 zoning district as it would superimpose a higher density than the surrounding districts. Verna Booth, 58 Trails End Road, stated she had bought their home because they lived in a district that was just too crowded. She asked the Zoning Commission to deny the proposed zoning. Paula Carstenson, 74 Trails End Road, stated she had relocated from a high density area and had tried to make ends meet to be able to move to that location. She stated she would like to see it remain as it is and she was opposed to the proposed zoning district. Danny Klewin, 2251 Wagon Wheel Road, stated he and his wife had lived there for 20 years. He Page 6 of 11 Zoning Commission Minutes—May 15,2012 stated the R-1 classification was not consistent with the subdivision and he was opposed to the proposed zoning district. Don Murdock, 91 Trails End Road, stated he was a Bozeman native that grew up on the south side of Bozeman. He stated he had parted the state for four decades and returned four years ago to live in his residence today. He encouraged the Zoning Commission to keep the property zoned R-S and oppose the R-1 zoning district. Chairperson Sypinski asked the applicant if he would like to rebut comments and concerns made by the public. Mr. Cotterman reiterated that the access was a subdivision issue and not a zoning issue as Assistant Director Saunders had indicated previously. Mr. Peck asked if three dwellings per acre was a reasonable estimate. Assistant Director Saunders explained that there were items such as streets, open space, etc. were excluded from the unit per acre calculation and using the gross area would be inaccurate. Chairperson Sypinski asked for clarification of"spot zoning". Attorney Cooper responded the Zoning Commission should look at it as "anti-zoning" in the way that the uses next to each other were incompatible such as a commercial use within a residential area. He added the benefit to the landowner and detriment to the surrounding neighborhood should be gauged not by the neighborhood or a specific property, but to the community as a whole. He stated the zoning itself was a legislative act and proof of validity; a"spot zoning" analysis would center on the compatibility of the land use. MOTION: Mr. Garberg moved, Mr. Peck seconded, to forward a recommendation of approval to the City Commission for Zone Map Amendment Application#Z-12068 with Staff findings as outlined in the Staff Report and public comment received at the meeting. Mr. Garberg stated it was a challenging decision and the real issue was the history of the neighborhood. He stated he thought there were lots of issues that would come up, but it was pretty clear that people had invested a lot of time and money prior to the subject property being purchased. Mr. Peck stated he was sensitive to the views of the neighbors though he did not give a lot of validity to the history with regard to the review criteria. He stated he battled with the same issues; a high school would be coming to his neighborhood so he understood it was unfair to the community and society to attempt to slow development down. He stated he doubted 2 or 3 of the criteria so he would have to say no instead of yes. Chairperson Sypinski stated the findings of the Zoning Commission had to be in keeping with the review criteria as set forth in the U.D.C. to make judgment on proposals. He stated there isn't necessarily incompatibility in land uses from R-S to R-1. He stated the City could support the R- 1 designation given the capacity of S. 3rd Avenue though there were congested times during rush Page 7 of 11 Zoning Commission Minutes—May 15,2012 hour traffic. He stated the development would be required to have setbacks from the trails, wetlands, lot boundaries, etc. and there was already a mix going on in the vicinity. He stated he felt the application met the review criteria as set forth in the U.D.C. The motion failed 1-3. Those voting aye being Chairperson Sypinski. Those voting nay being Mr. Peck, and Mr. Garberg. Mr. Garberg stated he would prefer to see the site zoned R-S and the fundamental question was the character of the district and what existed around it. Mr. Peck stated that by rejecting the R-1, it would be R-S by default. Chairperson Sypinski suggested a formal recommendation to the City Commission. Mr. Peck recommended the R-S district but did not make a motion. 2. Zone Map Amendment Application#Z-12055 —(8th Elementary School) A Zone Map Amendment requested by the owner, Baxter Ranch Holding, Vesta Fern Anderson, P.O. Box 3253, Billings, MT 59103, applicant, Bozeman School District #7, Kevin Barre, 404 W. Main St., Bozeman, MT 59715, and representative, TD&H Engineering, 108 W. Babcock St., Bozeman, MT 59715, requesting to establish an urban zoning designation of PLI (Public Lands and Institutions) on 42.93 acres in conjunction with annexation. The property is located on the north side of Durston Road between Cottonwood Road and Flanders Mill Road and is legally described as Future COS, Part of Tract 2, COS 2554, SW 1/4, Section 3, T2S, RSE, Gallatin County, Montana. (Riley) Associate Planner Doug Riley presented the Staff Report noting there had been a recent bond election to purchase the property. He noted the proposal was for a zoning designation of PLI in conjunction with annexation. He stated schools were a principal permitted use within the district. He noted that there were two designated arterial streets adjacent to the site along with one local street and the future extension of Annie Street along the northern property boundary. He stated the majority of the adjacent area was designated for residential development. He noted the surrounding zoning designations and added the site was pretty well bound by annexed properties zoned residentially. He stated there were already some PLI zoning districts within the vicinity of the property and directed the Zoning Commission to those locations. He stated the Growth Policy indicated PLI was an acceptable zoning in the residential land use category; PLI is considered a complimentary land use. He stated no public comment had been received and Staff was supportive of the proposal as presented with Staff findings as outlined in the Staff Report. Chairperson Sypinski asked if safe routes to school would be incorporated with the increased traffic. Planner Riley responded the applicant had been in discussions with those groups and those items would be addressed in the annexation review. Dave Crawford, TD&H Engineering, stated he was there to help the School District and was available to take questions. Page 8 of 11 Zoning Commission Minutes—May 15,2012 Kevin Barre, Director of Bozeman Public Schools Facilities, stated he was available for public comment. Mr. Garberg stated the firm he worked for was currently employed under a contract, but he himself was not currently employed by the School District. Director McHarg suggested that Mr. Garberg should recuse himself and step down as there is a current contract with his employer and the School District. Mr. Peck added he was on the steering committee for a group that wanted to procure land for soccer fields potentially north of this site. Mr. McHarg responded if there had been no action and no direct negotiations with the School District he would not need to recuse himself and suggested treading carefully when moving forward. MOTION: Mr. Peck moved, Chairperson Sypinski seconded, to forward a recommendation of approval to the City Commission for Zone Map Amendment Application#Z-12055 and that 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 Code Annotated with contingencies as outlined in the Staff Report. The motion carried 2-0. Those voting aye being Mr. Peck and Chairperson Sypinski with Mr. Garberg abstaining. Those voting nay being none. 3. Zone Map Amendment Application#Z-12056—(Ditton) A Zone Map Amendment requested by the owner and applicant, Clara O. Ditton Living Trust, C/O Randy Ditton, 4126 Story Creek Dr., Fort Collins, CO 80525, and representative, David M. Albert, PLS, 404 E. Madison Ave., Belgrade, MT 59714, requesting to establish an urban zoning designation of R- S (Residential Suburban District) on 20 acres in conjunction with annexation. The property is located at 2210 Bridger Drive and legally described as Tract B-1 of COS No. 2392-B, Section 32, TIS, R6E, PMM, Gallatin County, Montana. (Skelton) Senior Planner David Skelton presented the Staff Report noting the location of the site along Highway 86 which was more commonly referred to as Bridger Drive. He stated that typically when you see annexations, it was for the purposes of further development or instances where septic systems may have failed or the owner wanted access to public infrastructure or fire protection. He noted adjacent land uses with residential development to the north and west, to the east and south were still held in agricultural uses and were within the County jurisdiction. He stated the applicant has no plans to further development the site, but instead intended to maintain the existing buildings on a five acres parcel while deeding the remaining land to the adjacent landowner. He stated that with the exception of a tributary of Bridger Creek and associated vegetation, the majority of the site was pasture and native grasses. He stated the existing buildings had been there for many years. He directed the Zoning Commission to a rendering of the vicinity zoning districts as well as the land use map. He stated an individual could entertain a Growth Policy Amendment in the future but under the current Growth Policy of"Present Rural" Staff would not be supportive of that amendment. He stated no public comment had been received for the proposal though embers of the general public were in attendance regarding the property. Page 9 of 11 Zoning Commission Minutes—May 15,2012 David Albert, 404 E. Madison Ave, Belgrade, MT, stated he was the owner's representative, and the owner wanted to transfer the majority of the land as a means for necessary revenue. He stated the owner was in an assisted living facility and could get no help in keeping their existing home on the site. He stated Randy Ditton was attempting to support his mother's needs from his own money and would end up bankrupt if he kept on doing that. He stated they had attempted to divide the land through a variance request with the County and after they'd gone through the process they had been denied. He stated they wanted to create a five acre piece to retain the house and the remainder would be sold to Mr. Barnard as part of their estate. He stated they had no issue with Staff contingencies and there was no current intent of further development of the property. Kay Newman, 2200 Bridger Drive, stated she was just to the west of the property. She stated she was not concerned or opposed to the annexation, but was instead concerned with the existing ditch; the head gate was about to fail and no one seemed to be concerned that the area would be flooded. Dan Archer, 2204 Bridger Drive, stated he was within the width of a road to the site. He stated he had no objection to the annexation but echoed her concerns that the property would be flooded at some point in the future. Chairperson Sypinski asked if the applicant or Planner Skelton would like to address the flood gate concern. Planner Skelton directed the Zoning Commission to a map of the floodplain and noted that the property was not in a floodplain or wetland area though the flood gate was a potential problem. Chairperson Sypinski asked who was responsible for the maintenance of the flood gate. Planner Skelton responded it was generally the Farmer's Canal Company or downstream users. Mr. McHarg responded he did not know the answer, but would forward the information to the City Attorney and City Commission. MOTION: Mr. Garberg moved, Mr. Peck seconded, to forward a recommendation of approval to the City Commission for Zone Map Amendment Application#Z-12056 with Staff contingencies as outlined in the Staff Report. The motion carried 3-0. Those voting aye being Chairperson Sypinski, Mr. Peck, and Mr. Garberg. Those voting nay being none. ITEM 6. NEW BUSINESS Chairperson Sypinski stated that as of tonight he was tendering his resignation from the Zoning Commission. He extended his appreciation for current and past members of the Zoning Commission. Director McHarg extended Staff s appreciation to Mr. Sypinski for his services. Director McHarg stated the Planning Board members would be extended an invitation to participate in the Zoning Commission review. ITEM 7. ADJOURNMENT The Zoning Commission meeting was adjourned at 8:10 p.m. Page 10 of 11 Zoning Commission Minutes—May 15,2012 Edward Sypinski, Chairperson Tim McHarg, Planning Director Zoning Commission Dept. of Planning & Community Development City of Bozeman City of Bozeman Page 11 of 11 Zoning Commission Minutes—May 15,2012