HomeMy WebLinkAboutTracy Zone Map Amendement Z13213
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Development Review Manager
Wendy Thomas, Community Development Director
SUBJECT: A zone map amendment (ZMA) application to amend the City of Bozeman Zone Map to rezone 10.8-acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District) on property located
northeast of the intersection of Ferguson Avenue and Kimberwicke Street.
– File No. Z13213
MEETING DATE: November 4, 2013
AGENDA ITEM TYPE: Action (Legislative)
RECOMMENDATION: The Development Review Committee recommended approval of the
application. The Zoning Commission did not pass a favorable motion to recommend approval of
the zone map amendment application Tracy ZMA Z13213.
RECOMMENDED MOTION: “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 Z13213 and move to approve the
Tracy Zone Map Amendment with contingencies required to complete the application
processing.”
Staff report page references: findings criteria, page 8;
BACKGROUND: The property owner/applicant Mike Tracy, Parkwest MT and representative
Madison Engineering, LLC, made application to the Department of Community Development
for a Zone Map Amendment to amend the City of Bozeman Zone Map for approximately 10.8
acres of property generally located northeast of the intersection of Ferguson Avenue and Kimberwicke Street from R-3 (Residential Medium Density District) to R-4 (Residential High Density District). The subject property being considered is currently undeveloped. The subject
property was part of the Baxter Meadows Planned Unit Development that has subsequently
expired.
The Development Review Committee (DRC) considered the Zone Map Amendment application on October 2, 2013 and recommended approval to the City Commission with standard contingencies. Following DRC review staff received eight written comments in opposition to the
application.
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
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testimony on the proposal. Fifteen individuals spoke against the application at the hearing. All
individuals spoke with concerns regarding the character of the neighborhood and district. Nine
individuals spoke with concerns regarding traffic and the adequate provision of transportation.
Other concerns included valuation of buildings, overcrowding of land, and avoiding undue concentration of population. The Zoning Commission voted 3-1 to not recommend approval of
the requested zoning designation. 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. 13213. Following the Zoning Commission hearing, staff has received five
additional written comments in opposition to the application.
This proposal is for consideration of proposed zoning only. Further development of the subject property would require additional review, such as subdivision and/or site plan approval, prior to
any building permits being issued. Further development would require the extension of public
infrastructure and streets, including Ferguson Avenue to the north from its current intersection
with Kimberwicke Street and Cattail Street west from its current intersection with Davis Lane.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: 1) Approve the zone map amendment as recommended above by
the Development Review Committee.
2) Deny the zone map amendment request as recommended by the
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. 13213,
October 15, 2013 Zoning Commission Meeting Minutes, public comment.
The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street.
Report compiled on: October 24, 2013
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Page 1 of 17
Z-13213, Staff Report for the Tracy Zone Map Amendment
Date: City Commission public hearing is on November 4, 2013
Project Description: A zone map amendment (ZMA) application to amend the City of
Bozeman Zone Map to rezone 10.8-acres from R-3 (Residential Medium Density
District) to R-4 (Residential High Density District) on property located northeast of the intersection of Ferguson Avenue and Kimberwicke Street. – File No. Z13213
Project Location: The property is generally located upon property located northeast of the
intersection of Ferguson Avenue and Kimberwicke Street. The property is legally
described as Lot 2A1 of COS 2202C, City of Bozeman, Gallatin County, Montana.
Recommendation: The Development Review Committee recommended approval of the application. The Zoning Commission did not pass a favorable motion to recommend approval of the zone map amendment application.
Recommended Motion: 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 Z13213 and move to approve the Tracy Zone Map Amendment with contingencies required to complete the application processing.
Report Date: Monday, October 28, 2013
Staff Contact: Brian Krueger, Development Review Manager
TABLE OF CONTENTS
SECTION 1 - MAP SERIES .................................................................................................... 2
SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL ................................ 6
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
SECTION 4 - STAFF ANALYSIS........................................................................................... 8
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 8
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............. 11
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 16
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 17
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 17
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SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses
North: Undeveloped parcel, Unannexed County land zoned A-S, Agricultural Suburban
South: Residential development, zoned R-3, Residential Medium Density
East: Balance of the subject parcel, zoned R-4, High Density Residential
West: Chief Joseph Middle School, split zoned R-3, Residential Medium Density; and
PLI, Public Lands and Institutions
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2012 Aerial Photo with zoning
Subject
Property
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Z13213, Staff Report for the Tracy Zone Map Amendment Page 4 of 17
Bozeman Community Plan Future Land Use
Subject
Property
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Water Features and Wetlands
Subject
Property
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Page 6 of 17
SECTION 2- RECOMMENDED CONTINGENCIES OF APPROVAL
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Tracy Zone Map Amendment”.
2. That the applicant submit a zone amendment map, titled “Tracy 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.
3. 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
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SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Tracy Zone Map Amendment
File: Z13213
The Development Review Committee (DRC) considered the amendment on September 25,
2013 and October 2, 2013. The DRC did not identify any infrastructure or regulatory constraints which would impede the approval of the application and recommended approval of the application with the contingencies included in this report.
The City of Bozeman Zoning Commission held a public hearing on October 15, 2013, to
formally receive and review all written and oral testimony on the proposed zoning map
amendment. Eight written public comments were received prior to the hearing and fifteen public comments were expressed at the public hearing. The public comment expressed concerns regarding the character of the district, traffic and the adequate provision of
transportation, valuation of buildings, overcrowding of land, avoiding undue concentration of
population. The City of Bozeman Zoning Commission made findings to find that the
proposed zoning map amendment does not comply with the thirteen criteria for consideration established in Chapter 38, Article 37 of the Bozeman Unified Development Code. The City of Bozeman Zoning Commission, on a 3-1 vote, did not recommend to the Bozeman City
Commission approval of zoning application No. Z13213.
The hearing date for the City Commission is November 4, 2013.
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SECTION 4 - STAFF ANALYSIS
In considering applications for approval of a zone map amendment 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. Numerous goals and objectives, in addition to conformance with the Future Land Use Map (Figure 3-1), must be considered when determining whether or not a proposed zoning
change is in accordance with the growth policy. 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.
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. Supportive
examples of applicable goals and objectives for this application include:
3.3 Land Use Goals and Objectives
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.
Staff Response: The amendment will create additional residential opportunities adjacent
to existing residential development and a future commercial district that will allow the project to develop at urban densities while addressing the constraints of water features and wetlands on site. The property is undeveloped and has sufficient municipal services
to accommodate development and is within a developing area.
B. The effect on motorized and non-motorized transportation systems.
Yes. The site is located adjacent to a future extension of Ferguson Avenue, a collector, and a future extension of Cattail Street, a collector, and will be connected to a pedestrian trail system that extends to the south through the Regional Park and beyond. Bike lanes, bike
paths, PROST plan trail corridors, shared use paths are adjacent to or near the subject
property. Any future development of the site permitted by the zoning classification will
require evaluation of street access and service levels depending on the design of the development. Procedures and design standards are in place to ensure that any negative effects are mitigated.
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 access, will address safety concerns with any further subdivision and/or other development of the property. All new structures and development
on the subject property will be required to meet the minimum zoning requirements and
building code standards to ensure the health, safety and general welfare of the community.
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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.
The property, upon further development, will be required to come into conformance with all
requirements of the development code. Any buildings constructed on the site will be subject
to review for building codes which will ensure they are constructed in a manner which
reduces risk for fire, loss during earthquake, are structurally sound, and well fit for their
purpose. The City’s adopted zoning requires compliance with building codes by Section 38.34.100 BMC.
Additional development issues related to municipal infrastructure (i.e., water and sanitary
sewer) and public services (i.e., police and fire protection) will be addressed with subdivision
and/or site plan review when demand can be more accurately calculated. Water and sewer
infrastructure are adjacent and available to the site. See also Item H.
Similarly, any development will be required to meet or exceed regulatory provisions
established through the City’s municipal code under Chapter 38, Unified Development Code
(UDC), BMC, for transportation facilities.
E. Reasonable provision of adequate light and air.
Yes. The regulatory standards set forth in the City of Bozeman UDC for the requested R-4 zoning district provides the necessary provisions found necessary for residential
development (i.e., building height limits, building setbacks, etc) 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-4 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 prevent the overcrowding of land, and
maintain compatibility with the character of the surrounding area. The site includes wetlands that will require setbacks and limit the intensity of future development.
Overcrowding is a condition which results when the infrastructure and buildings in an area
are incapable of serving the density of users. A perception of being more intensely used than
is preferred by a particular person or group does not establish an actual condition of
overcrowding. As discussed elsewhere in this report, any development within Bozeman is required to demonstrate that there is adequate transportation, water, sewer, and other
necessary public services to support the development. This requirement ensures that land will
not be overcrowded.
G. Avoiding undue concentration of population.
Yes. Future development of the subject property under this proposal may or may not result in an increase in use beyond what could currently be constructed under the R-3 zoning.
However, compliance with the regulatory standards set forth in the City of Bozeman UDC
and the International Building Code will aid in providing adequately sized dwelling units to
avoid undue concentration of population.
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The standard does not seek to avoid concentration of population, but rather undue
concentration. Undue is typically understood to mean exceeding that which is appropriate
and normal. This is a standard which is specific to a particular site and is not a specific
number or intensity of use. The R-4 district has been considered and adopted with a set of standards for permitted residential uses, parking requirements, building height, and other
standards that in the opinion of the City Commission do not create undue concentration of
population.
H. Facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements.
Neutral. Further assessment of the impacts to infrastructure, public services, and other
community requirements will be evaluated during subdivision and/or site plan review. Any
indentified impacts with development of the property will be mitigated with recommended
conditions of approval by the Development Review Committee (DRC) with a determination
made by the approval authority on adequate provisions.
For this application, the DRC has determined that municipal infrastructure is located in
proximity to the subject property and could be extended into the property by the
landowner/developer for further development of the site. Emergency services are currently
serving this area, and municipal police and fire are within adequate response times of the site.
The City will have the opportunity to further evaluate the development of the property during the above-described review procedures. See items A, D and F.
I. Conserving the value of buildings.
Neutral. Currently there are no buildings on the property. The adjacent properties are zoned
R-3 and R-4 for the residential uses and PLI for the school. The balance of the parcel is
zoned R-4. Depending on a number of variables including proposed uses, design considerations, and site plan layout it is undetermined whether or not the value of the other
existing structures will be conserved, increase in value, or be negatively affected.
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 and proposed adjacent land uses. The area has a diversity of existing and approved land uses. Properties to the west are non-
residential in nature. The adjacent property to the east is vacant, but is zoned R-4. The
anticipated future development to the east is high density residential. The residential uses to
the south exist and are zoned R-3. Within the R-3 neighborhood there are single household
residences that are constructed at densities greater than typically seen in Bozeman. There are also multiple multi-household lots zoned and developed under B-2, Community Business
District to the southeast. Future planning and review requirements will give the City the
ability to control how the uses on site would function and relate to the surrounding developed
and undeveloped properties.
After considering the various components of zoning character and the diversity of uses in the area staff finds that R-4 and the associated uses are in keeping with the existing and future
character of adjacent properties.
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K. Peculiar suitability for particular uses.
Yes. Although there are numerous land uses in the immediate vicinity, adopting R-4 zoning
on the subject property will further the goals and objectives of the Community Plan, City
Facility Plans, and allow development supporting the activities already identified for the site. The use of the property will be similar to those existing and approved east and southeast of
the site.
L. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. The proposed amendment to the R-4 zoning designation for this proposal is supportive of the overall intent of the growth policy. See Item A. 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 with the constraints of the identified wetlands on the
property.
M. Promotion of Compatible Urban Growth.
Yes. The Bozeman Community Plan provides several guiding ideas and principles for the
physical development of the City. Development consistent with these ideas and principles
are more likely to be compatible with adjacent development both within and outside of the
City limits. The growth policy encourages infill development and higher density urban
centers. The property is within the geographic area already receiving municipal services. Future review of an actual development proposal will also look at achieving appropriate
compatibility with the surrounding area.
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation and Land Uses:
The current zoning for the parcel is R-3 Medium Density. The proposed zoning for the
parcel is R-4, Residential High Density. 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.
38.08.020 BMC Authorized 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 —
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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 —
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 eight or fewer residents P P P P P P P
Community residential facilities
serving nine or more residents
— — — C P P —
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 —
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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
Group living 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
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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
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 —
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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 — — — — — —
Notes:
1Manufactured homes are subject to the standards of section 38.22.130.
2Agricultural uses include barns and animal shelters, and the keeping of animals and
fowl, together with their dependent young, as hereinafter set forth per 2.5 acres:
one horse or one cow; two sheep or two goats; ten rabbits; 36 fowl (chickens,
pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For larger
parcels the review authority may determine that a larger number of livestock is
consistent with the requirements of this section.
3Only when in conjunction with dwellings.
4Storage for more than three recreational vehicles or boats.
5Home-based businesses are subject to the terms and thresholds of section 38.22.110.
6In the R-3 district, townhouse groups shall not exceed 120 feet in total width
7In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy
the requirements of chapter 10, article 8, Affordable Housing. May only be
utilized in developments subject to chapter 10, article 8.
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8Not permitted on reduced size lots for work force housing as described in chapter 10,
article 8.
9Accessory dwelling units in the RS and R1 districts shall be permitted to be placed
above garages only in subdivisions receiving preliminary plat approval after
January 1, 1997.
(Ord. No. 1645, § 18.16.020, 8-15-2005; Ord. No. 1693, § 4(18.16.020), 2-20-2007;
Ord. No. 1709, § 2(18.16.020), 7-16-2007; Ord. No. 1761, exh. A (18.16.020), 7-6-
2009; Ord. No. 1769, exh. E(18.16.020), 12-28-2009; Ord. No. 1828, § 9, 9-10-2012;
Ord. No. 1838, §§ 1, 2, 9-10-2012; Ord. No. 1830, § 6, 9-24-2012)
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. This 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.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
An application to amend the City of Bozeman Zone Map to rezone 10.8-acres from R-3
(Residential Medium Density District) to R-4 (Residential High Density District). The
property is generally located upon property located northeast of the intersection of Ferguson
Avenue and Kimberwicke Street. The property is legally described as Lot 2A1 of COS
2202C, City of Bozeman, Gallatin County, Montana.
The subject property is only an approximately 10.8 acre portion of a larger 54,28 acre tract.
The property is split zoned with the subject half zone R-3 and the balance of the tract zoned
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R-4. The code states in Sec. 38.07.040. [Zoning] Boundary interpretation guidelines. C.
Where district boundaries divide a lot or parcel into two or more districts, the entire lot or
parcel shall be deemed to have only the characteristics and uses of the most restrictive district
that any part of the lot or parcel rests within. Per this code section the 54 acre tract is limited to R-3 development because the 10.8 acre portion is zoned R-3.
The subject property was once under the Planned Unit Development for Baxter Meadows.
The area in question was zoned R-3 (Medium Density Residential District) during initial
annexation and zoning of the property in 2001 consistent with the PUD plan. The PUD plan
showed this subject R-3 area developing at a similar density and design of those blocks due south of the subject property; that of cottage type small lots platted around parklets. The
Planned Unit Development was not extended by the ownership and has expired. The subject
property is under new ownership and is not affiliated with Baxter Meadows.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice of the application was provided by publication in the Bozeman Daily Chronicle,
posting a notice prominently on site using the City standard notice format and sign post, and mailing first class US mail to all property owners within 200 feet of the site. Adjacent owner addresses were provided by the representative per standard City procedures.
Prior to the Zoning Commission public hearing, staff received eight written comments in
opposition to the application. 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. Fifteen individuals spoke against the application at the hearing. All individuals spoke with concerns regarding the
character of the neighborhood and district. Nine individuals spoke with concerns regarding
traffic and the adequate provision of transportation. Other concerns included valuation of
buildings, overcrowding of land, and avoiding undue concentration of population. Following the Zoning Commission hearing staff has received five additional written comments in opposition to the application. All written public comment to date is attached to this report.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Mike Tracy, Parkwest MT, 5 Rimani Drive Mission Viejo, CA 92692
Representative: Madison Engineering, LLC 895 Technology Boulevard, Suite 203
Bozeman, MT 59715
Report By: Brian Krueger, Development Review Manager
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Tracy Zone Map Amendment
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RESOLUTION No. Z13141
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION NOT
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP TO REZONE APPROXIMATELY 10.8 ACRES OF PROPERTY
GENERALLY LOCATED NORTHEAST OF THE INTERSECTION OF FERGUSON AVENUE AND KIMBERWICKE STREET FROM R-3 (MEDIUM DENSITY RESIDENTIAL
DISTRICT) TO R-4 (HIGH DENSITY RESIDENTIAL DISTRICT), AND THE PROPERTY IS
LEGALLY DESCRIBED AS 10.8 ACRES OF LOT 2A1 OF COS 2202C CITY OF
BOZEMAN, 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, Mont. Code Ann.; 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, Mont. Code Ann.; 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, Mont. Code Ann.; 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, Mike Tracy, Parkwest MT the property owner and applicant, 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 rezone approximately 10.8 acres of R-
3 (Medium Density Residential District) to R-4 (High Density Residential District); and
WHEREAS, the proposed zoning map amendment request has been properly submitted,
reviewed and advertised in accordance with the procedures set forth in Chapter 38, Article 37 of
the Bozeman Unified Development Code and Title 76, Chapter 2, Part 3, Mont. Code Ann.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on October 15, 2013, to formally receive and review all written and oral testimony on the proposed zoning
map amendment; and
WHEREAS, Eight written public comments were received prior to the hearing and
fifteen public comments were expressed at the public hearing; and
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Tracy Zone Map Amendment
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WHEREAS, the public comment expressed concerns regarding the character of the
district, traffic and the adequate provision of transportation, valuation of buildings, overcrowding of land, avoiding undue concentration of population; and
WHEREAS, the City of Bozeman Zoning Commission made findings to find that the
proposed zoning map amendment does not comply with the thirteen criteria for consideration
established in Chapter 38, Article 37 of the Bozeman Unified Development Code;
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning
Commission, on a 3-1 vote, does not recommend to the Bozeman City Commission approval of
zoning application No. Z13213 to amend the Bozeman zoning map to rezone approximately 10.8
acres of land from R-3 (Medium Density Residential District) to R-4 (High Density Residential District) generally located upon property located northeast of the intersection of Ferguson
Avenue and Kimberwicke Street. The property is legally described as Lot 2A1 of COS 2202C,
City of Bozeman, Gallatin County, Montana.
DATED THIS DAY OF , 2013, Resolution No. Z13213
_____________________________ ____________________________
Brian Krueger, Development Review Manager Eric Garberg, Chairperson
Department of Community Development City of Bozeman Zoning Commission
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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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Zoning Commission Minutes – October 15, 2013
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
Page 5 of 6
Zoning Commission Minutes – October 15, 2013
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
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Zoning Commission Minutes – October 15, 2013