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Home My WebLink AboutZC-101513 MinZONING 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 ThompsonJulien 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. ITEM 4. PROJECT REVIEW 1. Flanders Mill ZMA # Z-13203A 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. 2. Tracy ZMA #Z-13213A 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 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 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, ChairpersonCity of Bozeman Zoning Commission Chris Saunders, Policy and Planning Manager City of Bozeman DCD