HomeMy WebLinkAboutProvisional adoption of Ordinance 1876, Zone Map Amendment, Z13203
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager
Wendy Thomas, Community Development Director
SUBJECT: Ordinance 1876, a zone map amendment (ZMA) in connection with annexation for 81 acres located south of Baxter Lane and east of Flanders Mill Road; with 65.5783 acres as R-3 (Medium Density Residential
District), 10.4883 acres as R-4 (Residential High Density District), and
4.9598 acres as PLI (Public Lands and Institutions) – File No. Z13203
MEETING DATE: November 4, 2013
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approval of the zone map amendment application Flanders Mill
Annexation ZMA Z-13203, as recommended by the Zoning Commission, and provisionally
adopt Ordinance 1876.
RECOMMENDED MOTION: “Having reviewed the text of the ordinance, 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-13203 and move to
provisionally adopt Ordinance 1876 the Flanders Mill Annexation Zone Map
Amendment.”
Staff report page references: findings criteria, page 6;
BACKGROUND: The property owner Flanders Mill LLC, made application to the
Department of Community Development for a Zone Map Amendment to amend the City of
Bozeman Zone Map for approximately 65.5783 acres as R-3 (Medium Density Residential
District), 10.4883 acres as R-4 (Residential High Density District) and 4.9598 acres as PLI (Public Lands and Institutions). This request is being process in conjunction with annexation of the same property. The site is presently vacant. The subject property is located east of Flanders
Mill Road, south of Baxter Lane, and north of Oak Street.
This project is on an accelerated schedule as the applicant was willing to provide all the required
materials for processing of the annexation and ZMA prior to the action of the City Commission on the project. Therefore, there are no listed contingencies as all necessary items have already been addressed. The Development Review Committee (DRC) considered the Zone Map
Amendment application on September 25, 2013 and recommended approval to the City
Commission with standard contingencies.
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The Zoning Commission held a public hearing on the proposed Zone Map Amendment at their
October 15, 2013 meeting to formally receive and review the application and all written and oral
testimony on the proposal. The Zoning Commission voted unanimously to recommend approval
of the requested zoning designations. The summary of the Zoning Commission hearing can be found in the attached minutes from their meeting, as well as the attached Zoning Commission
Resolution No. 13203.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: 1) Approve the zone map amendment as recommended above by
the DRC and Zoning Commission.
2) Deny the zone amendment request and consider a zoning
designation different than what has been requested by the applicant
and continue the item for a minimum of one week to allow the
applicant to consider their options and whether to protest the
possible action (as required under 38.37.030.D.2, BMC).
FISCAL EFFECTS: None identified.
Attachments: Staff Report, Applicant’s submittal materials, Zoning Commission Resolution No. 13203, October 15, 2013 Zoning Commission Meeting Minutes.
Report compiled on: October 22, 2013
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Page 1 of 11
Z-13203, Staff Report for the Flanders Mill Zone Map Amendment
Date: City Commission meeting is on November 4, 2013
Project Description: Ordinance 1876, a zone map amendment in connection with
annexation for 81 acres; with 65.5783 acres as R-3 (Medium Density Residential
District), 10.4883 acres as R-4 (Residential High Density District), and 4.9598 acres
as PLI (Public Lands and Institutions).
Project Location: East of Flanders Mill Road, south of Baxter Lane and north of Oak
Street. It is legally described as Certificate of Survey 2834 located in the NW ¼ of
Section 3, Township 2 South Range 5 East, PMM, Gallatin County, Montana.
Recommendation: Approval
Recommended Motion: Having reviewed the text of the ordinance, 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-
13203 and move to provisionally adopt Ordinance 1876 the Flanders Mill
Annexation Zone Map Amendment.
Report Date: Monday, October 28, 2013
Staff Contact: Chris Saunders
TABLE OF CONTENTS
SECTION 1 - MAP SERIES .............................................................................................. 2
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS .................................. 5
SECTION 3 - STAFF ANALYSIS..................................................................................... 6
Section 76-2-304, MCA (Zoning) Criteria ................................................................... 6
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ......... 9
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND........ 10
APPENDIX C – NOTICING AND PUBLIC COMMENT ............................................. 10
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF...................... 11
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Z-13203, Staff Report for the Flanders Mill Zone Map Amendment Page 2 of 11
SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses
North: Single detached homes and public park: zoned R1, Residential Low Density
Single Household District and R3, Residential Medium Density District
South: Vacant : zoned R3, Residential Medium Density District
East: Gallatin County Regional Park: zoned PLI, Public Lands and Institutions
West: Unannexed, agriculture: zoned RS, Residential Suburban
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Z-13203, Staff Report for the Flanders Mill Zone Map Amendment Page 3 of 11
Vicinity Map from Figure 3-1 of the Bozeman Community Plan
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Z-13203, Staff Report for the Flanders Mill Zone Map Amendment Page 4 of 11
Parks and Open Space Vicinity Map
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Z-13203, Staff Report for the Flanders Mill Zone Map Amendment Page 5 of 11
Vicinity Map of existing City boundary
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Flanders Mill Zone Map Amendment
File: Z-13203
Having considered the criteria established for a Zone Map Amendment, the Staff
recommends approval with contingencies needed to complete the application process.
The Development Review Committee (DRC) held two meetings on September 18th and
25th, 2013 to consider the planned unit development and subdivision. The DRC found the
application is sufficient for review and recommended favorably on the application.
The Zoning Commission conducted a public hearing on the application and recommends
approval of the application to the City Commission. The hearing date for the Zoning
Commission was October 15, 2013.
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Z-13203, Staff Report for the Flanders Mill Zone Map Amendment Page 6 of 11
The City Commission will act on the application on November 4, 2013 after conducting a
public hearing on the matter.
SECTION 3 - STAFF ANALYSIS
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The amendment is seeking primarily residential zoning and the area is planned for
residential uses. This conforms to Figure 3-1 of the Bozeman Community Plan. The public
lands and institutions designation will facilitate the development and provision of private
utilities, specifically electricity by avoiding regulatory conflicts with the existing electrical
substation. This conforms to Goal PS-2 and Objective PS-2.3 regarding provision of private
utilities. Development of the property will improve the transportation system in accordance
with the long range transportation plan as called for in Chapter 11 of the growth policy. The
property is an incremental development in close proximity to municipal utilities and other
needed services to enable urban development in conformance with the standards of the City.
B. The effect on motorized and non-motorized transportation systems.
Yes. The proposed amendments will facilitate development of the property. With
development additional needed streets, such as Ferguson Avenue, will be constructed which
are key elements in the transportation system. Without Ferguson Avenue excess demand is
placed on existing streets due to a scarcity of alternate routes. Development of the property
will also facilitate the development of pedestrian pathways, sidewalks and bike lanes to
enable non-motorized transportation. This will include expansion of Baxter Lane along the
northern boundary of the development. The City’s transportation system when completed
will be adequate to accommodate the additional demand from this development. A specific
analysis will be performed as part of the subdivision review process when numbers of lots
can more accurately be established.
C. Secure safety from fire, panic, and other dangers.
Neutral. The proposed amendment alters the zone map not any development standards.
The change to the map is not expected to affect these criteria.
D. Promote public health, public safety, and general welfare.
Yes. The amendments support development within the City and on municipal services.
The City’s services provide superior response times for police and fire; and the water and
sewer services are of higher and more consistent quality. Therefore, amending the map for
additional urban development within the City meets this criterion.
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Z-13203, Staff Report for the Flanders Mill Zone Map Amendment Page 7 of 11
E. Reasonable provision of adequate light and air.
Neutral. The amendments do not amend setbacks, park requirements or other standards
affecting this issue. The R-3 and R-4 districts have been found to satisfactorily meet this
criterion.
F. Prevention of overcrowding of land.
Yes. These amendments apply acceptable density standards. Development within the City
will be subject to a variety of standards for park dedication, building heights, provision of
municipal infrastructure and other items to ensure that there is not more density of population
or use than can be safely accommodated.
G. Avoiding undue concentration of population.
Yes. The proposed amendments will apply City development standards to the property.
Undue concentration occurs when the demand for services overwhelms the ability to deliver
them. The City’s development review process will ensure that adequate municipal facilities
are installed to meet the needs of future population on the subject property. Therefore, no
undue concentration will occur.
H. Facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements.
Yes. See items B, D and F.
I. Conserving the value of buildings.
Yes. The proposed amendments do not affect any existing residential buildings on the
site. Adjacent property is of similar zoning as that requested. The future development of the
site will be of a character that will conserve and not damage the value of adjacent property.
The only existing structures on site are an electrical utility substation. The application seeks a
designation of Public Lands and Institutions on that portion of the site. This is a good fit for
the substation and will avoid any diminishment which could occur from non-compatible
zoning.
J. Character of the district.
Neutral. The property is presently used only for agricultural purposes and for an electrical
substation. The character of the district will be changed from agricultural to urban housing.
The adjacent areas are already designated for urban uses. While local change will occur the
larger scale character will be similar.
K. Peculiar suitability for particular uses.
Neutral. See discussion under item J. The substation is presently in existence and will
have an ability to support additional development within the western area of Bozeman. The
proposed PLI zoning is consistent with the existing use of the substation.
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Z-13203, Staff Report for the Flanders Mill Zone Map Amendment Page 8 of 11
L. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. The proposed residential uses are well located in proximity to existing parks,
schools, and commercial services.
M. Promotion of Compatible Urban Growth.
Yes. The proposed amendments apply districts determined to be acceptable for urban
characteristics. The site is located within the urban service areas for all municipal services.
The location is a natural and logical extension of municipal boundaries and development.
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Z-13203, Staff Report for the Flanders Mill Zone Map Amendment Page 9 of 11
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation and Land Uses:
The intent of the R-3 residential medium density district is to provide for the
development of one- to five-household residential structures near service facilities within the
city. It should provide for a variety of housing types to serve the varied needs of households
of different size, age and character, while reducing the adverse effect of nonresidential uses.
The intent of the R-4 residential high density district is to provide for high-density
residential development through a variety of housing types within the city with associated
service functions. This will provide for a variety of compatible housing types to serve the
varying needs of the community's residents. Although some office use is permitted, it shall
remain as a secondary use to residential development. Secondary status shall be as measured
by percentage of total building area.
The intent of the PLI public lands and institutions district is to provide for major public
and quasi-public uses outside of other districts. Not all public and quasi-public uses need to
be classified PLI. Some may fit within another district, however larger areas will be
designated PLI.
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The 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
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Z-13203, Staff Report for the Flanders Mill Zone Map Amendment Page 10 of 11
overall goals of the Bozeman growth policy. The residential designation is intended to
provide the primary locations for additional housing within the planning area.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The property is presently being annexed. As part of that process it is necessary to
establish an initial municipal zoning designation. The property is approximately 81 acres in
size. Three different zoning districts are sought. Two are residential. The R-3 and R-4
districts are higher density residential districts. Both provide for a range of residential types
and overall densities. The specific layout for future development will be established through
the subdivision process. The R-4 area is located in proximity to the existing substation and is
shaped to interact with future streets and existing environmental limitations from water
courses. The PLI section is focused around the existing electrical substation. The purpose of
the annexation and zoning is to prepare the property for development as housing.
The property is generally level with a slight slope to the north and west. Some old
irrigation works which will be abandoned with development are present on the site. Some
associated artificial wetlands are also on the site. Any irrigation works needed to continue
services to other properties will need to be protected. No buildings are presently on the site.
The applicant has provided all the necessary information to enable the Commission to act
directly on the ordinance necessary to implement this application. Therefore, there are no
contingencies required as all the information typically required by approval contingencies
has already been provided.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was published in the legal section of the Bozeman Daily Chronicle on September
29th, October 6th, and October 13, 2013. The site was posted in two locations on September
26, 2013. Notice was mailed to all property owners within 200 feet of the outer boundary of
the site on September 27, 2013. Notice was provided at least 15 and not more than 45 days
prior to the City Commission public hearing on November 4, 2013.
As of the writing of this report one public comment has been received. A copy is attached
with this report. Any comments received will be provided to review agencies prior to or at
the public hearings.
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Z-13203, Staff Report for the Flanders Mill Zone Map Amendment Page 11 of 11
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Flanders Mill LLC, 235 Greenhills Ranch Road, Bozeman MT 59718
Representative: C&H Engineering and Surveying, 1091 Stoneridge Drive, Bozeman, MT
59718
Report By: Chris Saunders, Policy and Planning Manager
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ORDINANCE NO. 1876 Page 1 of 5
ORDINANCE NO. 1876
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR A TRACT OF
LAND BEING TRACT 1, CERTIFICATE OF SURVEY NO. 2834 LOCATED IN THE
WEST HALF OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 5 EAST OF THE PRINCIPAL MERIDIAN OF MONTAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA AND THE ADJACENT COUNTY RIGHT OF WAY FOR FLANDERS MILL ROAD.
WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map to grant initial zoning of R-3 (Residential Medium Density), R-4 (Residential High
Density), and PLI (Public Lands and Institutions) has been properly submitted, reviewed and
advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on October 15, 2013, to receive and review all written and oral testimony on the request for a zone map
amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved as recommended by the Community Development Department and provided in Zoning Commission Resolution No. Z13203 for
approval of 65.5783 acres as R-3 (Medium Density Residential District), 10.4883 acres as R-4
(Residential High Density District) and 4.9598 acres as PLI (Public Lands and Institutions) a
with contingencies; and
WHEREAS, after proper notice, the City Commission held its public hearing on
November 4, 2013, to receive and review all written and oral testimony on the request for a zone
map amendment; and
WHEREAS, the City Commission has reviewed and considered the thirteen zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone
map amendment would be in compliance with the thirteen criteria; and
WHEREAS, at its meeting held on November 4, 2013, the City Commission found
that the proposed zone map amendment would be in compliance with Bozeman’s adopted growth policy and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
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ORDINANCE NO. 1876 Page 2 of 5
Section 1
That the zoning district designation of the following-described property is hereby
designated as "R-3" (Residential Medium Density District):
A Tract of Land in the West Half of Section 3, Township 2 South, Range 5 East of
P.M.M., Gallatin County, Montana, and being that part of Tract 1, Certificate of Survey
No. 2834, and the adjacent County Road Right of Way for Flanders Mill Road, described as follows:
Beginning at the North Quarter Corner of said Section 3; thence southerly
180°58'23", assumed azimuth from north, 2,641.51 feet along the east line of the
Northwest Quarter of said Section 3 to the Center Quarter Corner of said Section 3; thence westerly 269°53'09" azimuth 722.46 feet along the east-west quarter section line of said Section 3; thence northerly 000°55'49" azimuth 65.01 feet to a point hereinafter
referred to as Point A; thence northerly 000°55'49" azimuth 342.99 feet to a point
hereinafter referred to as Point B; thence easterly 089°53'09" azimuth 99.66 feet; thence
northerly 000°51'17" azimuth 68.73 feet; thence northerly 76.94 feet on a tangential curve concave to the west, radius 270.00 feet and central angle 16°19'40"; thence northerly 339.62 feet on a reverse curve concave to the east, radius 3,457.79 feet and
central angle 5°37'39" to a point on a 410.38 foot radius curve, the center of circle of said
curve has an azimuth of 359°13'15" from said point; thence westerly, northwesterly and
northerly along said curve, central angle 91°21'28", a distance of 654.35 feet; thence westerly 270°07'29" azimuth along a line not tangent to the last described curve a distance of 216.10 feet; thence northerly 000°55'49" azimuth 1,334.55 feet along the west
right of way line of Flanders Mill Road and its northerly extension; thence easterly
089°36'58" azimuth 1,354.57 feet along the north line of the Northwest Quarter of said
Section 3 to the point of beginning. Area = 2,856,324 square feet, 65.5722 acres or 265,361.2 square meters, more or less and
subject to any and all existing easements of record or apparent from a visual inspection of
the property, and as described on the Flanders Mill Annexation Zone Map Amendment
Map. Section 2
That the zoning district designation of the following-described property is hereby
designated as "R-4" (Residential High Density District):
A Tract of Land in the West Half of Section 3, Township 2 South, Range 5 East of P.M.M.,
Gallatin County, Montana, and being that part of Tract 1, Certificate of Survey No. 2834, and the
adjacent County Road Right of Way for Flanders Mill Road, described as follows:
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ORDINANCE NO. 1876 Page 3 of 5
Beginning at the previously described Point B; thence westerly 269°53'09" azimuth
630.00 feet along the north substation easement line and its westerly extension; thence northerly
000°55'49" azimuth 892.54 feet along the west right of way line of Flanders Mill Road; thence
easterly 090°07'29" azimuth 216.10 feet to a point on a 410.38 foot radius curve, the center of circle of said curve has an azimuth of 090°34'43" from said point; thence southerly, southeasterly and easterly along said curve, central angle of 91°21'28", a distance of 654.35 feet to a point on a
3,457.79 foot radius curve, the center of circle of said curve has an azimuth of 080°09'15" from
said point; thence southerly along said curve, central angle of 5°37'39", a distance of 339.62 feet;
thence southerly 76.94 feet on a reverse curve concave to the west, radius 270.00 feet and central angle 16°19'40"; thence southerly 180°51'17" azimuth 68.73 feet tangent to said curve; thence westerly 269°53'09" azimuth 99.66 feet along the easterly extension of said north substation
easement line to the point of beginning (Point B).
Area = 456,869 square feet, 10.4883 acres or 42,444.5 square meters, more or less and subject to any and all existing easements of record or apparent from a visual inspection of the property, and as described on the Flanders Mill Annexation Zone Map Amendment Map.
Section 3
That the zoning district designation of the following-described property is hereby
designated as "PLI" (Public Lands and Institutions District):
A Tract of Land in the West Half of Section 3, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, and being that part of Tract 1, Certificate of Survey No.
2834, and the adjacent County Road Right of Way for Flanders Mill Road, described as follows:
Beginning at the previously described Point A; thence westerly 269°53'09"
azimuth 630.00 feet along the north public street easement line for Oak Street and its westerly extension; thence northerly 000°55'49" azimuth 342.99 feet along the west right of way line of
Flanders Mill Road; thence easterly 089°53'09" azimuth 630.00 feet along the north substation
easement line and its westerly extension to the previously described Point B; thence southerly
180°55'49" azimuth 342.99 feet to the point of beginning (Point A).
Area = 216,049 square feet, 4.9598 acres or 20,071.6 square meters , more or less and
subject to any and all existing easements of record or apparent from a visual inspection of the
property, and as described on the Flanders Mill Annexation Zone Map Amendment Map.
Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect.
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ORDINANCE NO. 1876 Page 4 of 5
Section 5
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 7
Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in
a category entitled “Zoning Map Amendments.”
Section 8 Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 4th day of November, 2013.
___________________________________
SEAN A. BECKER
Mayor
ATTEST:
______________________________________ STACY ULMEN, CMC City Clerk
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ORDINANCE NO. 1876 Page 5 of 5
FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
second reading, at a regular session thereof held on the ________ day of November, 2013.
___________________________________
SEAN A. BECKER
Mayor
ATTEST:
______________________________________
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Page 1 of 6
Zoning Commission Minutes – October 15, 2013
ZONING COMMISSION MINUTES
TUESDAY, OCTOBER 15, 2013
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Garberg called the meeting to order at 6:08 p.m. and took attendance.
Members Present:
Erik Garberg, Chairperson
Trever McSpadden
George Thompson
Julien Morice
City Commission Liaison:
Carson Taylor
Members Absent:
Guests Present:
Gary Naden Matt Hausauer Terry Lonner
Angie Naden Josh Anderson Martha Lonner
Jordan Prester Kayla Anderson Brett Tudsbury
Jock Zallar Collin McCullough Clint Litle
Teri Ball Rachel Kaiser Nancy Hildner
Sue Lackey Sue Bonin Bob Sevinth
Curtis Graves Dick Bonin Nilda Blozer
Delia Cohn Susan Tucker Don Aaker
Daniel Cohn Gina Carolan Diane Aaker
Corrie Owens Michael Vivian Mike Balch
Joe Owens Shana Skradski Seretta Green
Brenda Richert
Joseph Cusack
Colin Daniel
Scott Bechtle
Sara hayes
Janet Hopes
Margaret Wiemer
Staff Present:
Chris Saunders, City of Bozeman Policy and Planning Manager
Brian Krueger, Development Review Manager
ITEM 2. PUBLIC COMMENT
None.
ITEM 3. MINUTES OF OCTOBER 1, 2013
A motion was made and seconded to approve the amended minutes of the October 1, 2013
meeting. The motion passed unanimously.
Page 2 of 6
Zoning Commission Minutes – October 15, 2013
ITEM 4. PROJECT REVIEW
1. Flanders Mill ZMA # Z-13203
A Zone Map Amendment application requested by owner Flanders Mill LLC, 235 Greenhills
Ranch Road, Bozeman MT 59718, and representative C&H Engineering and Surveying Inc.,
1091 Stoneridge Drive, Bozeman MT 59718, to change a total of approximately 81acres of
Agricultural (AS) property to 65 of R-3, 10.5 of R-4, and 5 acres of PLI. The property is
legally described as the NW 1/4 of Section 3, T.2S., R.5E. of P.M.M., City of Bozeman,
Gallatin County, Montana. (Saunders)
Policy and Planning Manager Saunders summarized the project, which is in conjunction with
a separate annexation application. He noted the nearby new elementary school, the existing
substation in the southwest corner of the lot, regional park, fire station and a growing
residential and commercial population on this side of town, and the City continues to see
interest in existing and newly proposed annexation. The Growth Policy Future Land Use Map
indicates that the property is designated for future development. Zoning in the area is mixed,
with the expectation that as the City grows the agricultural land to the west will transition to
urban designation. The 65 acres of the property will be R-3 medium density with 10 acres at
R-4 high Density and 5 acres used for the substation. Much of the acreage will end up as
perimeter and interior roads. He detailed present and future roads surrounding the property,
and the applicant’s desire for the prompt completion of Ferguson Avenue, which would be a
partnership between the applicant and the City. The Staff report finds favorably for all 13
criteria. No public comment had been received to date. Staff recommends approval to the
City Commission. There were no questions for him.
There were no questions for Applicant Representative Scott Bechtle with Bechtle Architects.
Policy and Planning Manager Saunders answered a question concerning the partnership
between the developer and the City regarding the Ferguson Avenue completion.
Public Comment
Colin Daniel, 3124 Baxter Lane, Chair of Baxter Meadows Phase 1 HMO and the
Pebblebrook Condominium HMO. He asked what will trigger Baxter Lane to be improved,
and noted that there is already a big traffic jam due to a stop sign. He is concerned about
density and what it will do to the property values of the current residents.
Board Member McSpadden moved to recommend approval of the application with Staff-
recommended contingencies. Board Member Morice seconded the motion.
Board Member McSpadden noted that the Staff report indicates that the application meets the
13 criteria, that this is an initial zoning request that is part of an annexation, and that it is
generally a good idea to annex vacant property that is not served by utilities. Board Member
Garberg noted that later in the process there will be traffic studies, and that tonight’s decision
should be based on the 13 criteria.
Page 3 of 6
Zoning Commission Minutes – October 15, 2013
2. Tracy ZMA #Z-13213
A Zone Map Amendment application requested by owner Mike Tracy 5 Rimani Drive,
Mission Viejo CA 92692, and representative Madison Engineering LLC, 895 Technology
Blvd. Ste. 203, Bozeman MT 59718, to change 10.8 acres of property from R-3 to R-4
zoning. The property is bounded on the west by Ferguson Avenue and on the south by
Kimberwicke Street and is legally described as a Lot 2A1, COS 2202C, City of Bozeman,
Gallatin County, Montana. (Krueger)
Planner Krueger presented the Staff Report and Staff recommendations as well as noted the
location of the site and surrounding zoning designations. He indicated public comment had been
received not in favor of the proposal.
Chris Budeski, Madison Engineering, stated that the Wetlands had been delineated by a Wetland
specialist and were roughly 19 acres in size on the site leaving two areas of developable land in
the entire 54 acres. He noted the development of Cattail Street and Ferguson Avenue would also
be required which would leave a minimal amount of developable land. He stated the public had
legitimate concerns regarding traffic, but when the property was developed Cattail would be
developed to a Collector street standard. He suggested a lot line could separate the subject
property into two parcels, but the owner would rather just have the R-4 for development of one
cohesive project.
Chairperson Garberg opened the item for public comment.
Teri Ball, 2278 Riatta Road, noted she was President of the Baxter Meadows HOA. She noted
the people had bought their properties thinking that there would be a buffer with single family
homes being slated for development with smaller lots and less density. She noted she was also
concerned with the safety of the children, the character of the neighborhood, and the property
values. She added the land beyond the parcel had already been rezoned to a higher density.
Brenda Rickert, 2364 Gallatin Green Boulevard, stated she lived in Baxter Meadows which had
been designed in the neo-traditional atmosphere which had not been matched or complimented
by the proposed project. She noted the residents of Baxter Meadows did their due diligence
before investing in a home there and now the “planned” part of the Planned Unit Development
was being disregarded. She noted the recent approval of Sundance Apartments.
Katherine Heatherington, 2472 Lasso Lane, stated she had recently moved to the Bozeman area
and part of their decision had been due to the lack of huge apartment buildings in Bozeman. She
stated she had no desire to live by a massive apartment building and people were already cutting
through their subdivision. She stated her concern was also that there would be rentals and
college students living across from a middle school in addition to her concern that the density
would decrease their property values by around 20%. She suggested the R-4 be changed to R-3
instead of vice versa and added it would be preferable to help maintain their property values.
Joseph Cusack stated he had lived on Ferguson Avenue in Baxter Meadows for nine years. He
stated the City and Baxter Meadows would lose control of what type of construction was
developed within the R-4 zoning district and it was an unnecessary transition from low density to
high density. He added it would change the character of the neighborhood forever. He stated the
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developer was not connected to Bozeman development and families as he was from out of state.
He suggested R-3 would be in closer keeping with the character of the neighborhood and would
still allow for near the density the developer was seeking. He stated he was looking forward to
growing old in the character of the neighborhood he had lived in for nine years.
Sue Lackey, the original owner of 3962 Equestrian Lane, stated she agreed with previous public
comment. She suggested the zoning should be R-3 instead of R-4. She noted that the apartment
buildings that had been approved for Baxter Meadows (Sundance Apartments) had caused traffic
congestion which would only be made worse by the high density of the proposal. She noted the
current four-way stop was not good enough – she already had to take an extra fifteen minutes to
drive to work. She suggested keeping wetlands and integrity intact so property owners did not
lose money on their investments.
Sara Hayes, 4136 Belgian Court, expressed concerns with regard to the proximity of the middle
school and the traffic created by the new development. She stated previous members of the
public had made good comments that she agreed with. She stated they were only notified of the
proposal the day before the Zoning Commission hearing, the reason there had not been more
letters of complaint submitted. She added she was concerned about a decrease in property values
and a transition from the adjacent properties to the proposed R-4.
Michael Vivian, 2487 Milkhouse Drive, concurred with previous comments. He noted there
were three main problems; traffic, traffic, traffic. He stated there were several additional
problems with the proposal; the view which would be changed dramatically and traffic
congestion among them. He noted there had already been 150 to 200 students coming from the
wetland park area to the east who were accompanied by their parents, but the increase in traffic
had the potential to be disastrous – the traffic would just be displaced and traffic was already
back up on Baxter Lane almost to the roundabout. He noted bicyclists and runners would also
have difficulty as there was no shoulder.
Janet Hopes, 2241 Gallatin Green Boulevard, concurred with previous public comment. She
suggested the out of state owner investigate a Wetland preserve project as it would be a benefit to
him.
Margaret Wiemer, 2218 Gallatin Green Blvd., stated she echoed everyone’s concerns. She stated
she did want to explain the density contemplated for the B-2 parcel and noted there was a 192
unit apartment building approved. She stated the area was supposed to have been a hub of retail
resources for the adjacent portion of the community. She stated the high density development in
the B-2 did not have to do a traffic study. She noted there was no place in town with a high
density apartment complex across from a school.
Shana Skradski, 2465 Milkhouse Ave., stated she agreed with previous public comment and
noted she had a child attending the school.
Gary Naden, 4140 Clydesdale Ct., “dittoed” the rest of public comment. He noted his house was
for sale due to the recent high density development and he’d already lost $100,000 on his
investment which would not get any better.
Joe Owens, 3858 Kimberwike, stated they lived right across the street from the proposed
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development. He noted the concerns had been well explained by previous comments from
members of the public. He reiterated his concerns for their quality of life, infrastructure and
proximity to the school.
Rachel Keyser, 3834 Kimberwicke, stated they did not want to live across from an apartment
building. She noted the neighborhood was very friendly with a lot of children and with more
people there would be more personalities. She suggested the property be zoned R-3.
Curtis Graves, 4225 Milkhouse Ave., stated they had moved there roughly thirty days before. He
stated they had moved from Utah due to a similar rezoning issue and it was very difficult to lose
$100,000 due to a rezoning. He stated the wholesale redesign of land should include a
development plan for the site and R-4 was pretty wide open with regard to what was allowed to
be constructed. He thanked the Zoning Commission for their time.
Colin Daniel, 3924 Baxter lane, reiterated the balance of the R-4 zoning vs. other zoning districts
within the City of Bozeman and noted it had gotten extremely heavy. He asked the Zoning
Commission to consider the impact of the hundreds of homes in the area.
Mr. Budeski was given opportunity for rebuttal. He addressed public comments and noted he
would speak to the owner regarding a park easement on the west side of the site. He added he
thought the owners would retain the R-3 zoning with a subdivision as an alternative.
Public comment was closed.
Zoning Commission members discussed the proposal.
Mr. Morice moved, Mr. Thompson seconded, that having reviewed the application materials,
public comment and all information presented at the hearing that the Zoning Commission adopt
the findings as outlined in the Staff Report and forward a recommendation of approval to the
City Commission for Tracy ZMA #Z-13213.
The Zoning Commission discussed the proposed motion. The motion failed 3-1 with Mr.
McSpadden voting aye, Chairperson Garberg, Mr. Thompson, and Mr. Morice voting nay.
ITEM 5. NEW BUSINESS
None.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting was adjourned.
Erik Garberg, Chairperson
City of Bozeman Zoning Commission
Chris Saunders, Policy and Planning Manager
City of Bozeman DCD