HomeMy WebLinkAboutKirk Zone Map Amendment Z-12091_16
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
Tim McHarg, Planning Director
SUBJECT: Kirk Zone Map Amendment #Z-12091
MEETING DATE: August 6, 2012
AGENDA ITEM TYPE: Action (Legislative)
RECOMMENDATION: That the City Commission adopts the provided staff findings and
approves the zone map amendment, with the four (4) recommended contingencies listed on Page
2 of the Staff Report, and directs staff to prepare an ordinance for the zone map amendment.
RECOMMENDED MOTION: Having heard and considered public testimony, the
application materials, and the staff analysis and findings, I move to approve the R-1 zone
map amendment request for #Z-12091, with the four (4) recommended contingencies listed
on page two (2) of the staff report, and direct Staff to prepare an ordinance for the zone
map amendment.
BACKGROUND: The property owner and applicant, Roger Kirk, represented by C & H
Engineering and Surveying, Inc., 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 1.92 acres of R-1 (Residential, Single-Household, Low Density District) in
conjunction with annexation request #A-12005. The subject property is located on the 100 block
of Gibson Drive and is legally described as Lot 9, Block 1 of the Walker Property Subdivision
Planned Unit Development located in the SW 1/4 of Section 25, T1S, R5E, PMM, Gallatin
County, Montana. The property is situated on the south side of Gibson Drive off of Campbell
Road and is located approximately a half mile northeast of the intersection of Springhill Road
and US Highway 10.
The purpose of the annexation and zone map amendment request is to obtain municipal
infrastructure and services as a result of the Montana Department of Natural Resources and
Conservation (DNRC) and Montana Department of Environmental Quality (DEQ) determination
that wells for domestic use in the subject area will not be permitted as a result of the plume. The
underlying Bozeman Community Plan land use designation for the currently vacant property is
“Residential”. On May 30, 2012 the Development Review Committee (DRC) recommended
approval of the application and their recommended contingencies are included in the attached
report.
192
The Zoning Commission held a public hearing on the proposed Zone Map Amendment at their
July 17, 2012 meeting to formally review the application and receive all written and oral
testimony on the proposal. No public comment or testimony on the matter was provided during
the public hearing. The Zoning Commission voted 3-0 to recommend approval of the requested
R-1 zoning designation as noted in the attached Resolution #Z-12005 and the minutes from said
public hearing.
UNRESOLVED ISSUES: None determined at this time.
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 when deemed appropriate. This would increase tax values and
corresponding revenue from the property. The City will accrue additional costs to service the
property with municipal service with future development.
Attachments: Staff Report, Applicant’s submittal materials, Zoning Commission Resolution #Z-12091,
Zoning Commission 7/17/2012 Meeting Minutes.
Report compiled on: May 31, 2012
193
Kirk ZMA Staff Report #Z-12091 Page 1 of 13
Kirk Zone Map A mendment
File # Z -12091
Zoning Commission and City Commission
Staff Report
Item: Zoning Application #Z-12091 – An application to amend the City of Bozeman Zone Map to
establish a municipal zoning designation of R-1 (Residential, Single Household, Low Density District)
on approximately 1.92 acres.
Owner/Applicant: Roger Kirk, 11 Kean Drive, Bozeman, MT 59718
Representative: C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
Date/Time: Before the Bozeman Zoning Commission on Tuesday, July 17, 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, August 6, 2012 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 R-1 with contingencies
LOCATION
The subject property is located in the Walker Property Subdivision PUD situated northeast of the
intersection of Spring Hill Road/Highway 10 frontage road and is generally located on Gibson Drive
off of Campbell Road. The site is approximately 1.92 acres and is legally described as a tract of land
located in the SW 1/4 of Section 25, T1S, R5E, PMM, Gallatin County, Montana being Lot 9, Block 1
of Walker Property Subdivision PUD. Please refer to the vicinity map below.
194
Kirk ZMA Staff Report #Z-12091 Page 2 of 13
RECOMMENDED CONTINGENCIES
Having reviewed the application materials, considered public comment, and considered all of the
information presented, I hereby adopt the findings presented in the staff report for application #Z-
12091 and move to recommend approval of the requested Zone Map Amendment to the City
Commission with the following contingencies:
1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall
be identified as the “Lot 9 Block 1 Walker Property Subdivision 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 “Lot 9 Block 1 Walker Property
Subdivision 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, Roger Kirk, represented by C & H Engineering and Surveying, Inc., has made
application to the Bozeman Department of Planning and Community Development for a Zone Map
Amendment (ZMA) to establish an initial municipal zoning designation of “R-1” (Residential, Single-
Household, Low Density District) on approximately 1.92 acres. The subject property is not presently
located within the corporate limits of the City of Bozeman and this ZMA is being processed
concurrently with the annexation application.
The intent of the R-1 District is to provide for primarily single-household residential development and
related uses within the city at urban densities, and to provide for such community facilities and
services as well as the area’s residents while respecting the residential character and quality of the
area.
On May 30, 2012 the Development Review Committee (DRC) recommended approval of the
application with the recommended contingencies included above.
BACKGROUND
The Walker Property Subdivision PUD was originally approved by the City of Bozeman in 1990 and
currently falls within the jurisdiction of the Gallatin County. The existing overall zoning patterns
within this PUD include a mix of Agricultural Suburban (AS), Residential, Single-Household Low
Density District (R-1), Residential Single-Family Medium Density (R-2), Residential Medium Density
(R-3), Residential Office (R-O), and Neighborhood Service (B-1). The property under consideration is
currently developed as part of a mixed-use major subdivision consisting of single-household
residences, condominiums, offices, day care center, restaurant, motel, car wash and gas station /
convenience store. The remaining subdivision lots are not yet developed.
195
Kirk ZMA Staff Report #Z-12091 Page 3 of 13
The Montana Department of Natural Resources and Conservation (DNRC) and Montana Department
of Environmental Quality (DEQ) in 2002 determined that wells for domestic use will not be permitted
as a result of the plume associated with the Bozeman solvent site and connection to the recently
installed municipal water supply will be required for all new potable service. Thus, annexation for
new development of the remaining lots is required to access municipal infrastructure, as well as
municipal zoning.
In May of 2002, the City Commission approved the Walker Property Zone Map Amendment (#Z-
0252) that approved a blank zone map amendment for all twenty-two (22) subdivision lots contingent
on receiving a complete annexation application for each lot(s) before May 20, 2004. The intent of this
blank zone map amendment application was to maintain, as much as possible, the existing zoning and
land use patterns, as well as promote efficient annexation to the City limits due to the need and
availability of services. The proposed amendment implemented by the City in 2002 was intended to
give each property the ability to essentially keep the existing zoning designations if and when property
owners choose to annex to the City of Bozeman.
Because the City does not have a zoning designation of A-S, Agricultural Suburban, Planning Saff in
2002 recommended the closest alternative, R-S, Residential Suburban, in addition to the appropriate
residential and commercial zoning designations for current and proposed land use patterns. Much of
this A-S land is protected as common open space by the subdivision covenants.
The R-2 (Residential Single Family, Medium Density District) proposed in 2002 would now be
considered for development as R-1 (Residential Single-Household Low Density District), finding that
under the current Unified Development Code (DC) the R-2 zoning designations now represents
development as residential two-household medium dwellings. While some of the existing residential
dwellings predates the DNRC and DEQ requirement to annex to the City and tie into municipal
infrastructure only seven of the approximate twenty-two subdivision lots have annexed. Those that
have annexed are illustrated on the applicant’s zone map amendment exhibit.
LAND CLASSIFICATION AND ZONING
The property is currently vacant undeveloped lands contiguous to only one other annexed parcel in the
subdivision (Lot 7, Block 1), which is situated immediately to the north and zoned “R-1”. The
following existing land uses and zoning are adjacent to the subject property:
North: Annexed land zoned “R-1” (Lot 7, Block 1 Walker Property Subdivision) – Designated
“Residential” on the City of Bozeman Future Land Use Map.
South: Partially developed; Unannexed County land zoned “AS” (Agricultural Suburban
District) – (Lot 1A, Walker Property Subdivision) - Designated “Residential” on the City of
Bozeman Future Land Use Map.
East: Vacant; Uannexed County land zoned “AS” (Agricultural Suburban District) – (Lot 8,
Block 1, Walker Property Subdivision) - Designated “Residential” on the City of Bozeman
Future Land Use Map.
West: Developed; Uannexed County land (Lot 10A, Block 9, Walker Property Subdivision)
zoned “AS” (Agricultural Suburban District) – Designated “Residential” on the City of
Bozeman Future Land Use Map.
196
Kirk ZMA Staff Report #Z-12091 Page 4 of 13
Existing Zoning and Future Land Use Maps
197
Kirk ZMA Staff Report #Z-12091 Page 5 of 13
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 attached map at the end of this staff report. 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
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,
and 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.
198
Kirk ZMA Staff Report #Z-12091 Page 6 of 13
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.
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-1 zoning in this immediate area (as noted in the above “Existing Zoning
Map”). In addition to the existing “R-1” lot to the north, two additional single family dwellings under
the jurisdiction of the Gallatin County are situated to the east and west of the site being considered
with this zone map amendment. With development of this property with the three existing single
family residential lots, 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.
Neutral. The area’s transportation network system for the proposed zoning designation was evaluated
and constructed with the approval of Walker Property Subdivision PUD. The existing lot is accessed
by the local street Gibson Drive which connects with Campbell Road and then links with two arterial
roads, Springhill Road and US Highway 10.
In terms of non-motorized transportation, the Bozeman Parks, Recreation, Open Space and Trails
(PROST) Plan does not identify any proposed trail corridor in the immediate area of the zone map
amendment. As the local streets for this subdivision were developed to a County road standard in 1990
to maintain the suburban character of the area, no boulevard sidewalks exist with this subdivision.
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 future 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. As stated previously, the purpose of the annexation and zone map amendment are for
the purposes of accessing municipal infrastructure. The property, upon development, would be
required to come into conformance with all requirements of the zoning ordinance.
E. Reasonable provision of adequate light and air.
Yes. The regulatory standards set forth in the City of Bozeman UDC for the requested “R-1” zoning
district provides the necessary provisions (i.e., yard setbacks, lot coverage, open space and building
199
Kirk ZMA Staff Report #Z-12091 Page 7 of 13
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-1” 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. Based on the 1.92-acre lot and the R-1 limitations for a single-
household residential dwelling, overcrowding of the land will be avoided.
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. While the applicant intends to construct
a single-household residential dwelling as the principle use, compliance with the regulatory standards
set forth in the UDC and the International Building Code will aid in providing adequately sized
dwelling unit(s) 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 2.83 with the
latest census. 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. As noted previously the intent of the applicant for annexing the subject property is to access
municipal infrastructure. Assessment of the impacts to infrastructure, public services, schools, park
land, and other community requirements was achieved and evaluated during subdivision review in
1990. Said impacts identified with development of the subdivision were mitigated with the filing of
the final plat. For this application, the DRC has determined that municipal infrastructure is located in
the immediate area and could be extended from their current location in Gibson Drive (i.e., 8” water
and sanitary sewer mains). Emergency services are currently serving this area, and municipal police
and fire are within adequate response times of the site.
I. Conserving the value of buildings.
Yes. There are no existing buildings on the property. Adjacent properties to the north, east and west
are developed with single family dwellings. The property to the south is currently used for open space
and pasture and has no buildings. The proposed R-1 zoning is developed predominantly for single
detached homes. See Item J for further discussion.
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. The area has a diversity of existing and
approved land uses with the original Walker Property Subdivision PUD approval in 1990. As
envisioned by the Bozeman Community Plan, this area is designated to continue to develop as a
“mixed-use” commercial, professional offices and residential development where the current zoning
designations reflects the two land use types anticipated for the PUD (i.e., “Residential” for R-1, R-2
and R-3 zoning and “Community Commercial Mixed Use” for the B-1 and RO zoning. Two of the
three adjacent uses are still zoned as AS (Agriculture Suburban) under the County jurisdiction, while
the third has been annexed and zoned R-1. All three lots currently reflect the “Residential” land us
designation with single-family residential dwellings existing on all three lots. The R-1 zone in the
200
Kirk ZMA Staff Report #Z-12091 Page 8 of 13
City is the most restrictive of the residential zoning designations. The municipal R-1 zoning district
allows a variety of related community facilities and services as conditional uses, but with an emphasis
on respecting the residential character and quality of the immediate surrounding area.
K. Peculiar suitability for particular uses.
Yes. The proposed zone map amendment provides reasonable consideration to the character of the
district by maintaining the current land use patterns in the immediate area. The site is well located for
residential uses and the R-1 would permit infill development that would best take advantage of the
existing infrastructure (e.g. streets, sewer, water, etc.) available to this property. The use of the
property for single household detached homes will be the same uses the adjacent property to the north,
west and east.
L. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The R-1 zoning designation for this application 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 advantage
of the existing infrastructure available and in near proximity to this location. While there is only one
additional residential lot on Gibson Drive that has annexed and established a municipal R-1 zoning
designation it reflects the current land use pattern that has been established with three of the existing
five subdivision lots along this local street. The R-1 uses of predominantly single detached low-
density housing are an appropriate use of this relatively small site.
M. Promotion of Compatible Urban Growth.
Yes. The adopted growth policy is the means by which land use patterns are evaluated and locations
for appropriate uses assigned in a broad fashion. To guide this evaluation the Bozeman Community
Plan provides several guiding ideas and principles for the physical development of the City as
discussed above in Item “A”. Development consistent with these ideals and principles are more likely
to be compatible with adjacent development both within and outside of the City limits.
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 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, August 6, 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.
201
Kirk ZMA Staff Report #Z-12091 Page 9 of 13
REPORT SENT TO
Roger Kirk, 11 Kean Drive, Bozeman, MT 59718
C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
ATTACHMENTS
Table 38.08.020 of UDC (Table of Residential Uses)
Exhibit “A” – Vicinity Area Map
Exhibit “B” – Vicinity Site Map
Applicant’s submittal materials
202
Kirk ZMA Staff Report #Z-12091 Page 10 of 13
Table 38.08.020 – Table of Residential Uses
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Accessory dwelling units8, 9 C C P P P P —
Agricultural uses on 2.5 acres or more2 P — — — — — —
Agricultural uses on less than 2.5 acres2 C — — — — — —
Apartments/apartment building, as defined in article
42 of this chapter
— — — — P P —
Assisted living/elderly care facilities — — — C C P —
Bed and breakfast C C C C P P —
Commercial stable C — — — — — —
Community centers C C C C C P C
Community residential facilities (with more than four
residents)
C C C P P P C
Cooperative housing C C C P P P C
Day care centers C C C P P P C
Essential services (Type I) P P P P P P P
Essential services (Type II) C — — — — — C
Extended stay lodgings C C C P P P —
Family day care home P P P P P P P
Fences A A A A A A A
Fraternity and sorority houses — — — C P P —
Golf courses C C C — — — C
Greenhouses A A A A A A —
Group day care home P P P P P P P
Guesthouses A A A A A A —
Home-based businesses5 A/C A/C A/C A/C A/C A/C A/C
Lodginghouses — — — C P P —
Offices — — — — C3 P —
Other buildings and structures typically accessory to
authorized uses
A A A A A A A
Private garages A A A A A A A
Private or jointly owned recreational facilities A A A A A A A
Private stormwater control facilities A A A A A A A
Private vehicle and boat storage A A A A A A A/C4
Public and private parks P P P P P P P
Manufactured homes on permanent foundations1 P P P P P P P
Manufactured home communities — — — — — — P
203
Kirk ZMA Staff Report #Z-12091 Page 11 of 13
Medical offices, clinics, and centers — — — — C P —
Recreational vehicle parks C — — — — — P
Signs, subject to article 28 of this chapter A A A A A A A
Single-household dwelling P P P P P P P
Temporary buildings and yards incidental to
construction work
A A A A A A A
Temporary sales and office buildings A A A A A A A
Three- or four-household dwelling — — — P P P —
Two-household dwelling — — P P P P —
Townhouses (two attached units) P7 P7 P P P P P7
Townhouses (five attached units or less) — — — P6 P P —
Townhouses (more than five attached units) — — — — P P —
Tool sheds for storage of domestic supplies A A A A A A A
Uses approved as part of a PUD per article 20 of this
chapter
C C C C C C C
Veterinary uses C — — — — — —
204
Kirk ZMA Staff Report #Z-12091 Page 12 of 13
205
Kirk ZMA Staff Report #Z-12091 Page 13 of 13
206
207
208
Lot 9, Block 1 Walker Property ZMA
1
RESOLUTION #Z-12091
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP TO ESTABLISH AN INITIAL ZONING DESIGNATION OF
R-1 (RESIDENTIAL, SINGLE-HOUSEHOLD, LOW DENSITY DISTRICT) ON 1.92
ACRES CONTINGENT UPON ANNEXATION OF SAID PROPERTY WHICH IS
DESCRIBED AS LOT 9, BLOCK 1 OF WALKER PROPERTY SUBDIVISION
PLANNED UNIT DEVELOPMENT LOCATED IN THE SW ¼ OF SECTION 25, T1S,
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, Roger Kirk, represented by C & H 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-1 (Residential,
Single-Household, Low Density District) for 1.92± 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 17 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 July 17,
2012, to formally receive and review all written and oral testimony on the proposed zoning map
amendment; and
WHEREAS, no members of the general public provided public testimony on the
proposed zone map amendment; and
209
Lot 9, Block 1 Walker Property ZMA
2
WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning
map amendment generally complies with the thirteen criteria for consideration established in
Chapter 38, Article 17 of the Bozeman Unified Development Code;
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-12091 to amend the Bozeman zoning map to establish an initial zoning
designation of R-1 (Residential, Single-Household, Low Density District) on 1.92± acres
contingent upon annexation of said property which is described as Lot 9, Block 1 of Walker
Property Subdivision Planned Unit Development, located in the SW¼ of Section 25, T1S, R5E,
PMM, Gallatin County, Montana subject to the following contingencies:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “Lot 9 Block 1 Walker Property Subdivision 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 “Lot 9 Block 1 Walker Property
Subdivision 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.
DATED THIS DAY OF , 2012, Resolution #Z-12091
_____________________________ ____________________________
Tim McHarg, Planning Director Randy Wall, Vice Chairperson
Dept. of Planning & Community Development City of Bozeman Zoning Commission
210
Page 1 of 8
Zoning Commission Minutes – July 17, 2012
ZONING COMMISSION MINUTES
TUESDAY, JULY 17, 2012
ITEM 1. CALL TO ORDER AND ATTENDANCE
Vice-Chairperson Randy Wall called the meeting to order at 6 p.m. and ordered the Recording
Secretary to take attendance.
Members Present:
Randy Wall, Vice Chairperson
Trever McSpadden
David Peck
City Commission Liaison:
Carson Taylor
Members Absent:
Erik Garberg
Nathan Minnick
Staff Present:
Doug Riley, Associate Planner
Tim McHarg, Director of Planning and Community Development
Dave Skelton (Senior Planner)
Guests Present:
Katherine Ball
Jim Cannata
Julie and Steve Shea
Susan Riggs, Intrinsik Architecture
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, Vice Chairperson Wall closed this
portion of the meeting.
ITEM 3. MINUTES OF JUNE 5, 2012
The minutes of June 5, 2012 were approved without amendments.
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z-12122 – (South Wallace ~200 Block) A Zone Map
Amendment requested by the owners Gallatin Seed Company Condominium Association, P.O.
Box 6429, Bozeman, MT 59771 and Olive & Wallace, LLC, 416 N. Ida Ave., Bozeman, MT
211
Page 2 of 8
Zoning Commission Minutes – July 17, 2012
59715 and representatives Intrinsik Architecture, Inc., 111 N. Tracy Ave., Bozeman, MT 59715
and Rocky Mountain Engineers, 1700 W. Koch St., Bozeman, MT 59715 requesting to change
the urban zoning designation from R-4 (Residential High Density District) to B-3 (Central
Business District) on 2.8751 acres. The property is located at ~ the 200 block of South Wallace
Avenue and is legally described as Rouse’s 2nd Addition, Block D, Lots 11-20, Section 7, T2S,
R6E, PMM, Gallatin County, City of Bozeman, Montana. (Riley)
Associate Planner Doug Riley presented the Staff Report. The primary purpose of this zone map
amendment is to bring the subject property into conformance as it currently has non-conforming
uses and encouragement of the Growth Policy as part of the Downtown District. Mr. Riley went
into detail regarding details within the growth policy as it relates to this property. Mr. Riley
reported that one public comment letter had been received offering reserved support for the
requested B-3 zoning and a second public (e-mail) comment relaying concerns regarding existing
parking and traffic volumes in the neighborhood. Mr. Riley explained that neighbors would be
notified if there were any future redevelopment plans on the site. The applicants do not have any
immediate plans for redevelopment. City staff is recommending approval of this application with
3 contingencies listed on page 2 of the staff report.
Randy Wall asked questions about the boundaries for the East Gateway District on the
Downtown Improvement Plan and the Downtown Core map. Mr. Riley spoke to the maps
presented and answered that this property is located within the community core area.
Randy Wall asked whether residential use is allowed in the B-3 District. Mr. Riley referred to the
table of uses and said apartments/condos are allowed.
Randy Wall confirmed with staff that the Residential Emphasis Mixed Use (REMU) Zoning
District has been created and adopted. Randy Wall confirmed that downtown is primarily B-3
and that B-3 promotes mixed use.
Applicant Presentation
Susan Riggs with Intrinsik Architecture explained they are representing Olive and Wallace LLC
and the Gallatin Valley Seed Company Condominium Association. Ms. Riggs feels this
application is very straight forward and as explained would bring the property into conformity.
Approval of B-3 will open the opportunity for infill, improvements to the South Wallace
streetscape and buildings. Preliminary analysis of the site has been completed. They have had
several public outreach events, with the main concerns raised being future development, parking
issues, traffic concerns and pedestrian safety issues on Wallace.
Mr. Peck asked about the concerns raised in the neighborhood outreach events and whether R-4
zoning was compared. He then asked what the vision is for development of the vacant parcel.
Ms. Riggs explained that preliminary ideas include a two story office building with the bottom
layer being built as parking.
Randy Wall asked about the technical assistance grants that Intrinsik has applied for and then
asked what the parking problems are.
212
Page 3 of 8
Zoning Commission Minutes – July 17, 2012
Ms. Riggs explained that they applied for grants from the Downtown Improvement District. She
further explained the existing parking in the front of Harrington’s encroaches into the right of
way and there is no sidewalk. On the south of the site there could be parking solutions as well as
possibilities of working with the library to create more parking. Peak hours such as during
Farmer’s Markets and library events are the main issue with parking.
PUBLIC COMMENT
Jim Cannata of 121 South Wallace, looks right into the side of the seed company and said South
Wallace is not a local dead end and that the traffic is consistent. He questions the effect on the
traffic and said his real concern is the possibility of a high profile building in place of the seed
company that would block the sun on his property.
Julie Shea, co-owner of the property on 309 South Wallace confirmed that the Commission
received a letter from Ryan Hamilton. She then said she feels this process puts the cart before the
horse as they do not know what will happen on the property and the vacant lot. The poor traffic
planning has been a problem since the library opened and has had a high impact.
Mr. Wall asked Ms. Shea whether or not she supports the rezone.
Ms. Shea said she was originally neutral until she looked into the difference between R-4 and B-
3 and she does not have enough information to support the rezone as she does not know what
will really happen on the vacant property.
Steve Shea, co-owner of 309 South Wallace spoke regarding the lack of a solid plan prior to the
change in zoning.
Mr. Wall said a zone change can be based upon the underlying land use. Right now there are
uses on the property that are not consistent with the zoning.
Mr. Shea referred to a proposal shown by Intrinsik at the community meeting last night saying it
was a nice design, but is just a picture and is not something that has been approved. The
frustration and fear is that the impact to the neighborhood is unknown. He feels residential
homeowners are held to a higher standard than commercial owners and he does not feel that is
fair. He says the city had poor planning on ingress and egress to the library. He spoke regarding
traffic congestion during Farmer’s Market and the difficulties with evacuating the library. He
also spoke regarding the lack of sidewalk or crosswalk on the south side of Wallace. He feels
those issues should be looked into.
Carson Taylor, City Commission liaison said that some of the issues raised are city issues with
the library. Commissioner Taylor spoke to the public comment regarding the distinction between
a private resident changing zoning and this situation.
Mr. Shea spoke again about the poor traffic flow.
David Peck spoke to commercial development being held to the same standard as residential
213
Page 4 of 8
Zoning Commission Minutes – July 17, 2012
development.
Katherine Ball of 323 South Wallace said she and her husband have owned the property since
1992 and have seen a lot of changes and constant construction. She has been pleased with a lot of
the development that has taken place and understands the applicant wanting to comply with the
growth plans. Her concerns relate to the guidelines for historic preservation in the neighborhood
overlay district which she has heard will help protect the neighborhood from many of the
impacts that they worry about. She asked whether this is true or will they be subject to the whim
of the City Commission at the time of development. She witnessed the approval of the Cider
House on Babcock and South Wallace and said because that property was located in B-3 zoning
they were not required to have parking. The Commission has set precedence with that. She is
concerned about the possible impacts and risks to the neighborhood if anything that is allowed in
B-3 is allowed here. There are really big issues with the library that the neighbors have been
continually dealing with. Most of the 1,300 visitors a day come in and out of the library using
South Wallace; a dead end, local street. She referred to the possibility of a 70 foot wall of
buildings being allowed in B-3. According to city plans, downtown should maintain the current
height but further out the height should increase. She does not get the sense there will be
protection for the neighborhood. She is concerned about what will create a buffer between
commercial and residential. She is worried about noise, waste disposal, loud air conditioning unit
noise and late night bar and restaurant users. She said the ridge above this area creates a noise
amplifier. She would like to know if the applicants can continue their current use without the
zoning change and questioned whether the growth policy may be incorrect as the infrastructure
has not been dealt with in this area. She does not support the rezone at this time because of the
potential zoning impacts of B-3.
Seeing no further public comment, Randy Wall closed public comment.
Applicant Rebuttal
Ms. Riggs clarified the city planning process explaining that after a zone map amendment
application, they would need to go before the planning department with another type of
application to propose more specifically how they are addressing parking, neighborhood
compatibility, etc., and would have to submit a floor plan and building elevations as well as
going before the building department for permits. They are looking at the project
comprehensively including looking at improving pedestrian travel and the possibility of shared
parking with the library or the possibility of some type of corridor where there is currently a
dilapidated shed.
Mr. Peck asked about uses within an R-4 district as related to noise.
Tim McHarg, Director of Planning and Community Development explained restaurants and
other commercial uses would not be allowed in R-4.
Mr. Peck referred to the neighbors concerns about noise nuisance.
Randy Wall asked what the height limitations are in R-4 and B-3 zoning.
214
Page 5 of 8
Zoning Commission Minutes – July 17, 2012
Mr. McHarg explained that R-4 is a range based on the pitch of the roof and that within B-3
outside of the core the height restriction is 70 feet.
Trever McSpadden asked for clarification on parking exceptions for B-3.
Mr. McHarg said that within the last two years to implement the downtown plan, several parking
reductions are now permitted within the B-3 district. One is that the first 3,000 square feet of
floor area is exempt from onsite parking requirements. This was referenced in the Cider House
project.
Mr. McSpadden clarified that at the redevelopment stage, there are parking and traffic
considerations as part of the process.
Mr. McHarg spoke to how all the pieces of the development regulations work together, making it
exceedingly unlikely that a 70 foot building could be located on this site.
MOTION: Trever McSpadden moved, David Peck seconded, that having reviewed the
application materials, considered public comment and considered all the information presented, I
hereby adopt the findings presented in the staff report for application Z-12122 and move to
recommend approval of the requested zone map amendment to the City Commission with the
contingencies listed as 1, 2 and 3 of the staff report.
DISCUSSION ON THE MOTION:
David Peck said that after reviewing the materials and walking through the area, he was planning
on supporting the applicant, but now that he has heard from the neighbors he is reconsidering.
Trever McSpadden said he is sympathetic with the neighbors but the purview of this
Commission is to look at the underlying growth policy designation and review applications
against the criteria the state provides. Right or wrong, the growth policy has included this area
within the community core. A B-3 zoning designation is appropriate for that land use
designation. There are other stages of review pending here and there will be an opportunity to
look at specific design elements later.
Randy Wall spoke to the responsibility of the Zoning Commission. He feels B-3 is compatible
with the underlying land use. From the 13 item checklist, he is struggling with items D., H., and
M. He sees why the application is being made. A common thread of public comment is the issue
of the library traffic and how there is only one exit west through South Wallace weaving through
the neighborhood. The library is city property. If there is a traffic problem that exists from the
library, he asked whether it is wise to move forward.
Trever McSpadden said he has a hard time tying library traffic to this application at the zoning
stage. An R-4 development proposal could have a fair bit of traffic as well. Traffic is a concern
and will continue to be a concern. Due to that, some type of traffic analysis would likely be
triggered along the way if it is warranted.
215
Page 6 of 8
Zoning Commission Minutes – July 17, 2012
Mr. Wall concurred with Mr. McSpadden.
The Motion passed 3-0.
Mr. McHarg announced that this application is scheduled for the August 6th City Commission
meeting that starts at 6 p.m.
2. Zone Map Amendment Application #Z-12091 – (Kirk, Walker PUD) A Zone Map
Amendment requested by the owner/applicant Roger S. Kirk, 11 Kean Dr., Bozeman, MT
59715 and 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 1.92 acres in conjunction with annexation. The property is located on Gibson
Drive and is legally describes as Lot 9, Block 1, Walker Property Subdivision PUD, Section
25, T1S, R5E, PMM, Gallatin County, Montana. (Skelton)
Senior Planner Dave Skelton presented the staff report on this item. Mr. Skelton notified
Commissioners that the first page of the memorandum refers to the requested zoning designation
as RS. This should say R-1. The notices and the remainder of the report correctly says R-1.
Mr. Skelton reported that the request for R-1 is consistent with the comprehensive plan. The
proposal is to continue with the current land use restrictive covenants. Mr. Skelton provided
historical information on this area. No public comment has been received. Staff and the
Development Review Committee recommended approval on April 30, 2012 with contingencies
listed in the staff report.
The Applicant chose not to provide a presentation.
Public Comment
Commissioner Randy Wall called for public comment. Seeing none, he closed public comment.
Randy Wall asked about a requirement by DEQ and DNRC that any additional development has
to hook up to the public water system due to the plume.
Mr. Skelton confirmed Mr. Wall’s statement that due to the plume related to the Bozeman
Solvent Site that just reaches this area additional development would require hook up to the
public water system. There are however some residential homes in the area that pre-dated the
requirement and are on private well systems.
MOTION:
David Peck moved, Trever McSpadden seconded that after having heard the staff report and
seeing that there is no public comment, the Zoning Commission hereby adopts the findings in the
staff report and moves forward a recommendation of approval that text zone map amendment to
Chapter 38 as included in the draft Ordinance and as requested in the application Z-12091.
Trever McSpadden asked for clarification of the motion. David Peck verified the motion should
be for a zone map amendment and not a text amendment as originally stated.
216
Page 7 of 8
Zoning Commission Minutes – July 17, 2012
DISCUSSION:
Trever McSpadden referred to this as a ‘housekeeping’ item to get these properties annexed. This
is obviously the recommended zoning designation for this area anyway. Tying these properties
into city services is a good thing. Though they are not required to tie into city sewer, he stated he
would hope that would be the eventual outcome.
Vote on the motion.
The motion passed 3-0.
ITEM 5. NEW BUSINESS
1. City Commissioner Carson Taylor unavailable at July 31st meeting
City Commissioner Carson Taylor thanked the Commissioners for their service and the
knowledge they bring. He then informed them he will be unavailable for the next meeting on
July 31st. Mr. Taylor said he has missed some of the Zoning Commission meetings and plans to
attend more often in the future.
Randy Wall acknowledged Commissioner Taylor for consistently showing up to the Design
Review Board as the City Commission liaison. He emphasized the importance of the City
Commission liaison relaying additional information that is not captured in the minutes to the City
Commissioners during the public hearing.
Trever McSpadden mentioned how great Tim McHarg is as well.
2. Tim McHarg referred to back to the first hearing this evening on Zone Map
Amendment Application #Z-12122
Planning and Community Development Director Tim McHarg said that based on public
comment received tonight, the planning department will do some additional research relative to
the Wallace rezone. Specifically, they will look into the library relative to traffic, access and non-
motorized access issues and what might be future plans of the library. They will also look into
the background on the growth policy, future land use designation of community core and some
clarity on when traffic studies are required.
Tim McHarg said it is a good practice for Zoning Commissioners to call out specific criteria that
Commissioners need to make affirmative findings for during the discussion. While not all of the
criteria need to be mentioned, Mr. McHarg emphasized discussing any criteria that there may be
questions or concerns about to ensure those questions and ensuing findings are part of the public
record.
Zoning Commissioners and staff discussed level of service standards for streets.
Mr. McHarg said level of service standards are normally concentrated around performance of
intersections. In this situation, he will speak with the city engineer and street superintendent to
217
Page 8 of 8
Zoning Commission Minutes – July 17, 2012
discuss how level of service standards would relate to a local street with relatively high intensity
uses.
Trever McSpadden referred to an experience where the County Commission made a
discretionary call through a condition to request a traffic study per comments that had been
made.
Randy Wall said the public comments were similar to the restaurant that was proposed at the
corner of Wallace and Peach relative to noise impacts from patrons. Mr. Wall asked about ways
to quantify noise issues.
Mr. McHarg spoke to the existing noise ordinance and referred to the ability of the police to
enforce the noise ordinance. If we anticipate or know what those impacts might be conditions
may help mitigation. This however cannot be handled at the Zoning level.
ADJOURNMENT
Seeing no further business before the Commission, Zoning Commissioner Randy Wall adjourned
the meeting at approximately 7:55 p.m.
218
219
220
221
222