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HomeMy WebLinkAboutH6 WillowbendZMA Commission Memorandum REPORT TO: Honorable Mayor&City Commission FROM: Andrew Epple,Planning Director Chris Kukulski, City Manager SUBJECT: Willowbend Zone Map Amendment Application#Z-06157 MEETING DATE: Monday,September 25,2006 BACKGROUND: The applicant is proposing to amend the City of Bozeman Zoning Map to establish an initial municipal zoning designation of R-2 (Residential Two-Household Medium Density District) on 20 acres of land located at 6800 Goldenstein Lane,at the intersection of South 3r' Avenue and Goldenstein Lane. At their September 6, 2006 public hearing the City of Bozeman Zoning Commission voted 2 against and 2 in favor of this application. No formal recornmendation has been forwarded. UNRESOLVED ISSUES: Two letters of public comment have been received. One letter in opposition to the proposed annexation and zone map amendment; stating that the proposed would be both premature and inappropriate in keeping with the rural character of the surrounding properties. The other letter was submitted on behalf of shareholders in the Middle Creek Ditch Company. While this letter was not opposed to the proposed annexation, shareholders wanted to be on record as reminding any future development in this area that Montana State Law protects their water rights as shareholders. In addition to these letters, five members of the general public spoke in opposition to the requested zone map amendment at .the Bozeman Zoning Commission Hearing. Comments included concerns that development of this property with the proposed zoning designation would be both inappropriate and detrimental to the rural character of the surrounding properties. Please find the attached minutes from the Bozeman Zoning Commission Hearing. RECOMMENDATION: The City Commission approves this application,with the contingencies listed on Page 2 of Zoning Commission Resolution#Z-06157. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues,along with increased costs to deliver municipal services to the property,when the property is developed. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Martin Knight at mknighQwbozeman.net if you have any questions prior to the public hearing. Report compiled on September 19, 2006 Commission Memorandum '+CV. 0 Respectfully submitted, t Andrew Epple,Planning for Chris Kukulski, City Manager Attachments: Zoning-Commission Resolution#Z-06157 Minutes of the Zoning Commission's September 6, 2006 public hearing Staff report Aerial photo Applicant's submittal materials Report compiled on September 19, 2006 WILLOWBEND ZONE MAP AMENDMENT ZONING COMMISSION & CITY COMMISSION''STAFF REPORT RLE NO. Z-06157 Item: Zone Map Amendment Application #Z-06157 requesting to amend the City of Bozeman Zone Map to establish an initial municipal zoning designation of R-2 (Residential Two-household, Medium Density District) on approximately 20 acres of land located at 6800 Goldenstein Lane. Owner/Applicant: Tom &Joan Schafer 351 Dulohery Lane Bozeman MT 59715 Representative: Springer Group Architects 201 S. Wallace Ave., Suite A-i Bozeman MT 59715 Date/Time: Before the Bozeman Zoning Commission on Wednesday, September 6, 2006, at 7:00 p.m., in the City Hall Meeting Room, 411 East Main, Bozeman, Montana, and before the Bozeman City Commission on Monday, September 25, 2006, at 6:00 p.m., in the Community Meeting Room, 311 West Main Street, Bozeman, Montana. Report By: Martin Knight,Assistant Planner Recommendation: Approval of R-2 zoning with Contingencies PROTECT LOCATION & MAP: The subject property is located southwest of the intersection of Goldenstein Lane and South Yd Avenue and is legally described as Tract 2 of Certificate of Survey No. 1273-D, in the north half of the southwest quarter of Section 25, T2S, R5E, PMM, Gallatin County, Montana. The property falls within the Gallatin County Bozeman Area Zoning District, and has a zoning designation of AS (Agricultural Suburban District). Please refer to the aerial photograph provided at the end of the Staff Report and to the following vicinity map. Willowbend Zone Map Amendment Staff Report,#Z-06157 1 F__7_ 11 oldenstein Ln Subject _r Property yam' PROPOSAL AND BACKGROUND INFORMATION The property owner and applicant, Tom &Joan Schafer, have proposed to annex the 20-acre subject property to the corporate limits of the City of Bozeman and to establish an initial municipal zoning designation of R-2 (Residential Two-household, Medium Density District). The purpose of the annexation and zone map amendment request is to extend municipal water and sanitary sewer infrastructure to the property and obtain pubic services (i.e., police and fire) in order to develop at urban densities as outlined in the Bozeman 2020 Community Plan. The subject property contains one existing residence. A stream ditch crosses the property and is proposed to remain and be incorporated into any future development. Please note that the growth policy land use designation on the subject property is "Future Urban" on the Future Land Use Map of the Bozeman 2020 Community Plan. The "Future Urban" classification for this property is found to be compatible with the proposed zoning. Thus, staff will not require a growth policy amendment for the proposed"R-2" zoning designation. ZONING DESIGNATION & LAND USES As previously noted, the applicants propose a Zone Map Amendment to establish an initial municipal zoning designation of R-2. The intent of the R-2 (Residential Two-household, Medium Density District) is to provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. Willowbend Zone Map Amendment Staff Report,#Z-06157 2 The following land uses and zoning are adjacent to the subject property: North: Eagle Mount Center and agricultural uses; zoned county A-S (Agricultural Suburban District); South: Vacant and agricultural uses;zoned county A-S (Agricultural Suburban District); East: Single-Household residences;zoned county R-S (Residential Suburban District); West: Single-Household residences and agricultural uses; zoned county A-S (Agricultural Suburban District). GROWTH POLICY DESIGNATION The area that is subject to this application is designated as."Future Urban" on the Future Land Use Map in the City's growth policy. This designation is described as follows: Future Urban. This category designates areas where development is considered to be generally inappropriate over the 20 year term of the Bozeman 2020 Community Plan, either because of natural features,negative impacts on the desired development pattern, or significant difficulty in providing urban services.The Residential category contains adequate area to accommodate over 200 percent of expected residential development over the 20 year horizon of the Bozeman 2020 Community Plan.Development within the Future Urban area would be generally disruptive to the desired compact urban land use pattern depicted in the Plan.As Bozeman develops over time,it is expected that the City would expand outward into areas previously designated as Future Urban.As the City's growth policy is updated from time to time,some areas currently classified as Future Urban are expected to be reclassified to urban designations. The land shown with a Future Urban designation is comprised of parcels in a variety of different sizes,but typically in larger acreages. Suburban or rural density subdivisions adjacent to the City may impede an orderly and cost effective expansion of the City. In order to prevent such conflicts and problems in the future,use of land in the Future Urban land use designation should follow one of three paths,which are listed in order of the City's preference: 1. Remain as currently utilized,until annexed and municipal services are available to support a Residential or other urban land use category development as described in this plan; 2. Develop at a density of a single dwelling per existing parcel,with consolidation of smaller parcels into single ownerships for development being supported;or 3. If further subdivision is proposed,to develop at urban densities and standards with provisions for connection to City services when they become available. Annexation of most Future Urban areas is unlikely over the term of the Bozeman 2020 Community Plan and final authority to deny or approve development in County areas shown with this designation remains with the County Commission.As Gallatin County completes its own county-wide growth policy,additional and more detailed planning is expected within the County zoning district surrounding the City.This more detailed level of planning is expected to help identify areas that are preferred for, or inappropriate for, development and give guidance to the County Commission in their review of individual development proposals. In the event that an intergovernmental agreement is developed that addresses these areas, development will need to meet such terms as the agreement states. Willowbend Zone Map Amendment Staff Report,#Z-06157 3 The following growth policy designations are adjacent to the subject property: The single-household residences to the east .are designated as Suburban Residential which is described as follows: Suburban Residential. This category indicates locations generally outside of City limits but within the Planning Area where the land development pattern has already been set by rural subdivisions. Subdivisions in this area are generally characterized by lots two acres in size or less. It is probable'that portions of this area may be proposed for annexation within the next twenty years. Any further development within this area should be clustered to preserve functional open space and allow for more advanced sewage disposal than individual septic tanks. If development is proposed at overall densities in excess of one dwelling unit per acre, and/or the development proposal lies within the waste water and water treatment planning boundaries, annexation to the City should be completed prior to development. The Eagle Mount property and agricultural uses to the north are designated as Residential which is described as follows: Residential.This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks,low intensity home based occupations,fire stations, churches, and schools.The residential designation also indicates that it is expected that development will occur within municipal boundaries which map require annexation prior to development. The dwelling unit density expected within this classification varies. It is expected that areas of higher density housing would be likely to be located in proximity-to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being 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 classification. All residential housing should be arranged with consideration given to the existing character of adjacent development,any natural constraints such as steep slopes,and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. REVIEW CRITERIA & FINDINGS According to Section 18.70.020 of the Unified Development Ordinance (UDO), the Bozeman Zoning Commission shall make an investigation of facts bearing on each zone map amendment application. The Zoning Commission must provide necessary information to assure that the action of each zone map amendment application is consistent with the intent and purpose of the UDO. Specifically, the investigation must address the following criteria as required in Section 76-02-304, Montana Code Annotated: Willowbend Zone Map Amendment Staff Report,#Z-06157 4 A. Consistency with the City's growth policy As previously noted, this property is now designated as "Future Urban" according to the Bozeman. 2020 Community Plan Future Land Use Map; therefore, all Residential zoning districts would be in accordance with the adopted growth policy. Subdivision design will be evaluated for compliance with the growth policy during the subdivision review process. B. Lessening of congestion in the streets This site would be serviced by Goldenstein Lane and South 3rd Avenue. The Greater Bozeman Area Transportation Plan 2001 Update designates Goldenstein Lane as a minor arterial and South 3rd Avenue as a collector. Local internal subdivision streets would service individual lots once a subdivision is created. Increased traffic will certainly occur when additional lots and residences are created; however, as part of the terms of annexation, easements and waivers are required to help deal with increased use and to allow for potential road improvements. A traffic study will be evaluated during subdivision review and the DRC will identify the impacts to the area's transportation network system and determine any required mitigating measures. C. Securing safety from fire,panic, and other dangers The regulatory provisions established in all of the residential zoning designations, in conjunction with provisions for adequate transportation facilities, will address safety concerns with any further subdivision and/or development of the property. Any new structures and development on the subject property would be required.to meet the minimum zoning requirements for setbacks, lot coverage,height limitations,and lot sizes. D. Promotion of health and the general welfare The subject property is in the process of requesting annexation to the City of Bozeman. Municipal infrastructure extensions (i.e., water and sanitary sewer) and public services (i.e., police and fire protection) will become available to the subject site if the City Commission grants the annexation request. Connection to City water and sewer will be required upon availability of service and/or once the landowner is instructed by the City of Bozeman. These connection requirements will be found within in the annexation agreement. Generally, the standards of development and accompanying development review processes or building permit applications will adequately address the issues of health and general welfare for any zoning designation. E. Provision of adequate light and air The regulatory standards set forth in the Unified Development Ordinance for all of the residential zoning districts will provide the necessary provisions (i.e., yard setbacks, lot coverage, open space and building heights), which are intended to provide for adequate light and air for any additional development on the subject properties. F. Prevention of the overcrowding of land The UDO limits the number of people living in a household to a maximum of four unrelated people (see definition of "household" in Section 18.80.1390). Minimum yard setbacks, height Willowbend Zone Map Amendment Staff Report, #Z-06157 5 requirements, maximum lot coverage, and required parking are also limiting factors that help prevent the overcrowding of land. G. Avoiding undue concentration of population Compliance with the regulatory standards set forth in the Unified Development Ordinance and the International Building Code will aid in providing adequately sized dwelling units to avoid undue concentration of population. According to the census information for the City of Bozeman the average household size has been declining from 5.74 in 1930 to 2.48 in 2000. This historical trend is likely to continue and would indicate that the undue concentration of the popuilation is not an issue with any zoning designation. H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements The Bozeman 2020 Community Plan identifies the annexation request as lying in the "2020 Boundary" but not the "Capital Facilities Overlay District" (Figure 6-2). The "Capital Facilities Overlay District"is intended to establish a priority area for development within the larger scope of the Bozeman 2020 Community Plan future land use plan. The designation of the Capital Facilities Overlay District is not intended to prohibit development in areas that are not contained within it. Instead, it designates an area within the long-range growth area of the city where services would be most efficiently provided in the near term and where development in the near term would advance the goals of the 2020 Plan. An assessment of the impacts to infrastructure, public services, schools, parkland, and other community requirements will be evaluated during further subdivision and development of the property. Upon future subdivision of the property a water and sewer comprehensive design report, a storm water drainage and grading plan, and a traffic impact analysis will be required to ensure adequate infrastructure capacity and/or define needed upgrades in order to develop. Although no correspondence was received from the School District regarding capacity the school district is mandated by state law to provide facilities to educate every child in the City. Any residential subdivision planned for the site will be required to dedicate parkland adequate in size to serve the new development. I. Reasonable consideration to the character of the district The character of this part of town is varied. Again to the north is both the Eagle Mount Center and agricultural lands; to the east are single household residences; and to the south and west lies mostly agricultural uses and vacant land. The proposed medium density residential zoning designation would give consideration to the varied character of the area. J. Conserving the value of buildings Currently, one single-household residence is found on the property. The applicant has indicated they will preserve this residence and/or incorporate it into any proposed subdivision or site plan. Currently, mature landscaping creates a buffer between the existing residence and proper to be developed. Staff is recommending, as part of the annexation terms, that all existing mature vegetation shall be saved and/or relocated within the subject property, to the maximum extent Willowbend Zone Map Amendment Staff Report,#Z-06157 6 feasible. The proposed residential zoning district would not negatively affect the value this residence. K. Reasonable consideration to the peculiar suitability of the property for particular uses. As previously noted, the 2020 Plan designates this property as "Future Urban." Again, all residential zoning districts are in accordance with this growth policy designation. Staff supports the medium density residential zoning district for the property. L. Encouraging the most appropriate use of land throughout the municipality. Again, the R-2 zoning designation is.appropriate for land with a designation of"Future Urban" in the growth policy and would allow appropriate residential uses of the land and for the efficient use of the land without negatively impacting existing land uses and development. AGENCY REVIEW The Planning Office has requested written summary-review comments from the Bozeman Development Review Committee and other applicable review agencies regarding the request for annexation. Comments received as of the writing of this staff report have been outlined above. Additional comments and/or recommendations received after the date of this report will be forwarded to the governing body. PUBLIC COMMENT No public comments have been received by the Planning Office as of the writing of this report. Any comments received after the writing of the Staff Report will be distributed to Commissioners at the public hearing. STAFF RECOMMENDATION Should the City Commission choose to accept the request for annexation and to establish any initial municipal zoning designation, the Planning Office has recommended that the following standard ZMA contingencies: Recommended Contingencies for a Zone Map Amendment: 1) That the Ordinance of the Zone Map Amendment shall not be adopted until the Resolution of Annexation is signed by the applicant and formally approved by the City Commission. If the annexation is not approved,the application shall be null and void. 2) That the applicant submit a zone amendment map, titled"Willowbend tract 2 Zone Map Amendment",on a 24"by 36"mylar, 8 '/2"by 11",or 8 '/2"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 Willowbend Zone Map Amendment Staff Report,#Z-06157 7 amend the zone map. SUMMARY& CONCLUSION The Planning Office, Development Review Committee, and other local review agencies have reviewed the requested Zone Map Amendment and have provided the above comments as they relate to the review criteria and recommend approval with the above noted contingencies. The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City=Commission for consideration at its public hearing on Monday, September 25, 2006. The City Commission will make the final decision on the application. IN THE CASE OF PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF EITHER OF THE AREA OF THE LOTS INCLUDED IN THE PROPOSED CHANGE; OR THOSE LOTS 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHAI`.GE, SUCH AMENDMENT MAY 1`14OT BECO;r1E EFFECTIVE EXCEPT UPON A FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. CC: Tom&Joan Schafer, 351 Dulohery Lane,Bozeman,MT 59715 Springer Group Architects, Inc.,201 South Wallace Suite A-1, Bozeman, MT 59715 Attachments: Aerial Photograph Applicant Submittal Materials Willowbend Zone Map Amendment Staff Report,#Z-06157 8 Willowbend ZMA RESOLUTION NO. Z-06157 RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION FOR NO FORMAL RECOMMENDATION OF AN APPLICATION TO AMEND THE CITY OF BOZEMAN ZONING MAP ON APPROXIMATELY 20 ACRES, DESCRIBED AS THE Nl/2SW1/4 OF TRACT 2,SECTION 25, TOWNSHIP 2S, RANGE 5E, PMM, GALLATIN COUNTY TO ESTABLISH AN INITIAL MUNICIPAL ZONING DESIGNATION OF "R-2" (RESIDENTIAL TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT'). --------------------------------------------------------------------------------------------------------------------- WHEREAS, the City of Bozeman has adopted a growth policy pursuant to 76-1-604, MCA; and WHEREAS, the Bozeman City Zoning Commission has been created by Ordinance 1604 and Resolution No. 3312 of the City of Bozeman,pursuant to Title 76-2-307, MCA; and WHEREAS, Springer Group Architects on behalf of Tom & Joan Schafer applied for a Zone Map Amendment, pursuant to Chapter 18.70 of the Bozeman Unified Development Ordinance to amend the City of Bozeman zoning map on approximately 20±acres to establish an initial municipal zoning designation of "R-2" (Residential Two-Household Medium Density District) on property described as the N1/2SW1/4 of tract 2, Section 25, Township 2S, Range 5 E, PMM, Gallatin County; and WHEREAS, the proposed Zone Map Amendment has been properly submitted, reviewed, and advertised in accordance with the procedures set forth in Chapter 18.70 of the Bozeman Unified Development Ordinance; and WHEREAS, the City of Bozeman Zoning Commission held a public hearing on Wednesday, September 6, 2006 to receive and review all written and oral testimony on the request for a Zone Map Amendment; and WHEREAS, five members of the general public spoke in opposition to the requested zone map amendment; and WHEREAS, the majority of the City of Bozeman Zoning Commission was not able to find the request fora zone map to be in compliance with the twelve (12) criteria established in Section 76-2-304, MCA; and WHEREAS, the City of Bozeman Zoning Commission finds that the request for a zone map amendment is consistent with the intent and purpose of Chapter 18.70 "Zoning Map Amendments" of the City of Bozeman Unified Development Ordinance; and NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Zoning Commission, on a vote of 2-2, has no formal recommendation to the Bozeman City Commission for a Zone Map Amendment to establish an initial designation of "R-T' (Residential Two- Household Medium Density District) on property described as the Nl/2SW1/4 of tract 2, Section 25, Township 2S, Range 5 E, PMM, Gallatin County, with the following contingencies. 1) That the Ordinance of the Zone Map Amendment shall not be adopted until the Resolution of Annexation is signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the application shall be null and void. 2) That the applicant submit a zone amendment map, titled "Willowbend tract 2 Zone Map Amendment", on a 24" by 36" mylar, 8 '/a"by 11", or 8 '/2"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. DATED THIS 19`h DAY OF SEPTEMBER 2006 Resolution No. Z-06157 [q4t Andrew Epple, Plannin rector 3P Po i owski, Chairperson City of Bozeman Department of City o Bozeman Zoning Commission Planning and Community Development ** MINUTES ** THE CITY OF BOZEMAN ZONING COMMISSION COMMISSION MEETING ROOM, CITY HALL 411 EAST MAIN STREET WEDNESDAY, SEPTEMBER 6, 2006 7:00 P.M. ITEM 1. CALL TO ORDER AND ATTENDANCE Chair JP Pomnichowski called the meeting to order at 7:02PM and directed the secretary to record attendance. Board Members Present: JP Pomnichowski, Chair Warren Vaughan Nathan Minnick Nicholas Lieb Staff Members Present: Andrew Epple, Director of Planning and Community Development Kimberly Kenney-Lyden, Recording Secretary Jody Sanford Martin Knight Guests Present: Rob Pertzborn, Intrinsik Architecture Tom and Joan Schafer Bill and Jane Quinn Ron Craighead John Sperry Shirley Heinz Lynne Habert Lindsay Schack Bill Odneal ITEM 2. PUBLIC COMMENT (0-15 MINUTES) [Limited to any public matter within the jurisdiction of the Zoning Commission and not scheduled on this agenda. Three-minute time limit per speaker.} Seeing there was none, Chair Pomnichowski closed this portion of the meeting. 1 ITEM 3. MINUTES OF AUGUST 15th,2006 Seeing there were no corrections presented, Chair Pomnichowski noted the minutes will stand as written. ITEM 4. PROJECT REVIEW 1. Zone Map Amendment Application,#Z-06144—(Cattail North). A Zone Map Amendment requested by the owner, Jerald E. Swenson; representative, Intrinsik Architecture,Inc.; and applicant,Warner-Pacific Properties, to establish initial zoning designations of R-O (Residential Office District) on 49.039 acres and R-4 (Residential High Density District) on 4.281 acres. The Legal Description of this property is Lot 2A of Corrected Amended Plat of Lots 1 and 2 of Minor Subdivision No. 221E, located in the SW 1/ of Section 26,Township l South, Range 5 East, PMM, Gallatin County,Montana (at southwest corner of the intersection of North 27th Avenue and Valley Center Road) (Sanford) Staff Presentation: Planner Jody Sanford presented the staff report. This property is located on West Valley Center Road. Ms. Sanford noted the applicant is seeking to designate 40.039 acres as R-O, Residential Office District and 4.281 acres as R-4, Residential High Density District. The property to west is currently zoned B2, and PLI, R4,West and North are currently not annexed and zoned AS. Planner Sanford noted the planning staff reviewed the proposal against the review criteria and is recommending approval with the standard contingencies but added the need to annex all right of ways to this property. Questions for Staff.• Commissioner Warren Vaughan noted he works for the County Planning Office and has had experience with this property on prior occasions and feels this factor should not be a conflict of interest on making a formal recommendation. He stated to Ms. Sanford that on pg 7 of the staff reports,this property is not currently part of the capital facilities overlay district yet it is in the service area for wastewater and facilities plan. Mr. Vaughan requested she clarify that. Planner Sanford responded by stating this property is part of the new wastewater facilities plan recently adopted by the City Commission. The capital facilities overlay district is part of the 2020 plan future land use map that designates priority areas that will use city funds for infrastructure improvements, this property would not be targeted as one of the areas. Chair Pomnichowski queried Planner Sanford as to what the residential density would be from an R-O designation. Ms. Sanford noted there is such a huge range of what the applicant can do, from single family homes, to apartments, or to offices. However she clarified that 51% of the floor area of the designated property would have to be residential purposes. Director Andrew Epple stated the planning department could only give an estimate, but it would be better to address this to the applicant for definition. Applicant Response: 2 Rob Pertzbom from Instrinsik Architecture representing the applicants,Warner Pacific Properties noted to all board members that he has not done much residential density calculations at this point of the proposal. He stated that he is there to help answer questions. Chair Pomnichowski noted one of the criteria to be met is to conserve the value of buildings and stated there is a building on the northwest corner of the property. She asked what the outcome of that structure would be. Mr. Pertzborn stated this was a barn that was built four years ago as a warehouse and storage unit. He noted this would be removed. Ms. Pomnichowski queried about Lot B and noted it also had a small structure on it. She asked Mr. Pertzborn about the outcome of this one as well to which he answered it was a small mobile home and will be removed as well. He noted it does not fit well with the R-O zoning designation. Rnnril nicrvccinvr Commissioner Vaughan noted he will support this application although there are a broad range of uses for this property.He stated it is in compliance with the 2020 plan and consistent with the areas around this and facilities plans capable of handling this project. Mr. Vaughan stated this application is in agreement with all 12 criteria. It fits in with the surrounding zoning and feels this will work well with the businesses in the area. Commissioner Nathan Minnick stated this application meets the 12 criteria and blended well. He noted this is in the long range growth plan. Mr. Minnick will be supporting it. Commissioner Nick Lieb stated he has no comment. Chair JP Pomnichowski noted this meets the 12 criteria also and interested to see how the density issue will be played out. She stated she is happy to see a buffer in between B2 and purely residential districts. Chair Pomnichowski notes it is compatible with the areas just south of this property. She will be supporting this application. Motion & Vote: Commission Minnick moved to recommend approval with contingencies for zone map amendment application Z-06144. Commissioner Vaughan seconded the motion. Motion to recommend approval passed unanimously. Chair Pomnichowski noted this application will go before the City Commission on Monday, September 18th. 2. Zone Map Amendment Application,#Z-06157—(Willowbend). A Zone Map Amendment requested by the owners and applicants, Tom and Joan Schafer; and 3 representative, Springer Group Architects, to establish an initial municipal zoning designation of R-2 (Residential Two-household,Medium Density District) on approximately 20 acres. The Legal Description of this property is Tract 2, Certificate of Survey No. 1273-D, located in the North half of the Southwest quarter of Section 25, Township 2 South, Range 5 East, PMM, Gallatin County, Montana(6800 Goldenstein Lane, located southwest of the intersection of Goldenstein Lane and South 3rd Avenue) (Knight) Staff Presentation: Planner Knight noted this property is approximately 20 acres and is located at the south west corner of Goldenstein and South 3rd and there is currently one existing residence on this land and states it will stay. He stated the annexation and zone map amendment application are being reviewed concurrently and if approved by the City Commission, the planning staff anticipates a subdivision and other processes to follow thereafter. Mr. Knight noted the planning department is recommending conditional approval with the standard contingencies for R-2 zoning. He stated the developments surrounding range from R-S, R-3, and R-4 and all adjacent lands surrounding this property are zoned by the county and closest property is zoned county R-S and county A-S. This application is in compliance with the 2020 plan and meets the 12 review criteria. Two letters of public comment have been received. One relates concern with premature and inappropriate development of this land as well as development being detrimental to the land values and rural character of the neighborhood. The other letter was reminding us of the adjacent property's water rights, there was no opposition stated. Questions of Staff.• Commissioner Warren Vaughan notes he wants a clearer definition of the zoning in the surrounding area. Planner Knight stated that Meadow Creek Subdivision is a combination of R-3 and R-4 zoning and the Sundance Springs Subdivision is zoned R-S. Mr. Vaughan queried Director Andrew Epple of the development of Sundance Springs and if it was developed before being annexed to which Mr. Epple responded this property was not developed until after it was annexed into the City of Bozeman and then given the R-S zoning designation. Mr. Epple also noted this development was getting platted around 1995 to 1997. Mr. Vaughan noted the applicant is asking for R-2 and there is a primary difference between R-S and R-2 due to the fact that these lots can be duplexes and attached apartments above the garage. He asked to get more definition on R-S and Planner Knight noted this zone would allow for one unit per acre of land. Mr. Epple also notes there is more open land on each R-S lot. Commissioner Nick Lieb asked about the proximity of city services to this property and Mr. Knight noted the closest is at Goldenstein and 3rd Avenue. He stated there are some capacity issues. Mr. Lieb wanted to know why R-2 was the preferred zoning instead of applying for R-1 and Mr. Knight's response was that question could be better answered by the applicant. Chair Pomnichowski stated the application notes there are future improvements and not existing improvements to this site. Planner Knight agreed, but noted this property would require extensions from current city services. 4 Mr. Vaughan notes the applicant desires to build duplexes on this lot and commented that there is a possibility of doing much more development with an R-2 zoning. Applicant Presentation: Mr. Tom Schafer, owner and applicant, stated this property has been in this process for the past few years and previous owners tried to acquire R-2 zoning prior. He notes this R-2 zoning was the recommended route by the planning department to make this the best use of this land and to comply with city planning. Mr. Schafer commented that this property does seem to be a bit further out from city services,but with the extension of 1 lth Avenue, there will closer access to city water and sewer. He notes the properties to the North and Northeast are going through the review process right now. Mr. Schafer commented that the preliminary plan is to build 45 duplex lots on this property with off-street parking and existing residence will remain as is and keep the current vegetation. Questions for Applicant: Commissioner Lieb asked Mr. Schafer why he chose R-2 zoning instead of R-1. Mr. Schafer noted the R2 zone decision was made because it was what the city recommended and stated the city is pushing for medium density growth. He also stated this plan was in compliance with the 2020 plan. Commissioner Vaughan noted that with 45 duplex lots, that would equate 90 units. Mr. Schafer agreed and noted the current plan allows for two park areas with access from Goldenstein Lane and is ready to come in with an application. Public Comment: Ron Craighead lives on 4140 South 3`d across from Goldestein Lane. He notes his property is R-S and was given that designation in 1950 and was one of the first county zoned properties in this area. Mr. Craighead stated all the lots adjacent to this property are all one acre lots and Eagle Mount is right across the street. Eagle Mount has horses and they are there because of the suburban nature of this area. He does not see any imperative for an R-2 development in this area. He notes the intent and purpose of a residential zoning district is to establish areas within Bozeman that are primarily residential and pointed out that this property in question is not in a`primarily residential' area. Mr. Craighead stated the R2 intent is to provide one and two household residential development at urban density within the city that present few or no development constraints for community facilities to serve such development while respecting the residential quality and nature of the area. He notes this definition is in the city of Bozeman's listed intent. Mr. Craighead commented that the surrounding areas are all residential suburban agricultural and to give an R-2 zone is quite a drastic leap. He states the actual distance of city services is not close at all, at Meadow Creek. He feels the city's intent is to not encourage high density development in a cohesive manner and fragmenting the city's boundaries. He notes the city is compelled to fill in the contiguous areas before considering island zoning designation and states there are a lot of surrounding areas that still need to be filled in. Mr. Craighead comments to the difficult traffic situations on Goldenstein and notes it's dangerous and poorly maintained and questioned what the developer would do to fix this if his intent is to build 90 more homes. He highly recommends that due to the inappropriate nature of this development, he requested the board deny this zoning application. 5 Billy Odneal lives at 4200 South P and notes he's lived there since 1980.He also stated he is a former deputy sheriff for Gallatin County and city policeman who went to school here. Mr. Odneal notes the reason he moved there is because is was a residential suburban property. He stated the previous owner of this property tried to put in a home for the disabled right across from Eagle Mount and that was denied by planning staff because of the traffic issues. He commented that Mrs. Duran planned to make 1 to 2 acre estates just west of this property also. Mr. Odneal notes all his neighbors have their own sewage system and their own wells and everyone is satisfied with this. He stated that with these proposed duplexes, that would mean the possibility of having more college kids in this area and knowing that each one will have their own cars that could add to the already apparent traffic dangers in this area. He is opposed to this application and cannot see any benefit to having this approved. He asked the board to deny the application. Bill Quinn lives at 5100 South 19t'Avenue,the Patterson Homestead. He notes the property applying for annexation was part of the original Patterson Homestead until 1983 when Pat Harris passed away. He stated it was then that the property was broken up to 130 acres. Mr. Quinn has lived in their home since 1984 and done what they can to maintain the rural character. He notes he is directly west, 1/2 mile from this property. He states the character of the Gallatin Valley is rural and open space land which is a benefit to all citizens of the County. He is opposed to this until contiguous infill occurs and feels this is a leap frog annexation and not in the best interest of the public. Jane Quinn,Bill's wife and resides at 5100 South 19t'Avenue. She reads a letter from historic preservation consultant Derek Strahn. See attached letter. Mrs. Quinn noted she has noticed some historic trees on surrounding developmental property are now torn down. She is opposed to this application. Lynn Habert lives at 4240 South P states she feels this would be an island annexation and is in agreement will all those who have commented tonight. She notes this proposal is inappropriate and does not approve. Discussion: Commissioner Vaughan asked Planner Knight or Director Epple to expound on the recent annexation and zoning request situations going on within the city. Mr. Epple noted there was a proposal that was turned down by the City Commission the night before and raises and interesting dilemma the planning department is faced with. He states he would prefer that all properties are incrementally added. He believes that people coming to this area need homes,but notes there is a strong policy of if growth and development is to occur, it should occur within city limits. There has been an aggressive annexation policy as of late; if someone wishes to develop, they should develop within the city as to not have individual wells and sewers. Mr. Epple stated the county has referred these applicants to the city for that reason. Mr. Vaughan wanted the history of the previous denied application of this property and Mr. Epple noted it was the County that issued the denial. Mr. Vaughan commented to whether this area is within the current sewer service boundary and Mr. Epple stated it was. Commissioner Lieb questioned Director Epple as to if Goldenstein is in the county and wondered if there were any improvement plans by the county to improve this. Mr. Epple responded it does belong to the county and there is no immediate plan to improve Goldenstein because it would trigger South P improvements. Mr. Lieb wanted to know if the development could happen prior to street improvements 6 being made to which Mr. Epple noted this cannot happen without a traffic analysis being done. Mr. Vaughan stated this application is of a difficult nature. Though this is only a zone map amendment proposal, this encompasses design standards and several improvements. He notes he is not afraid of . density and in working with the county planning department, density needs to happen in and around our cities. He comments that this property is so far south from other proposals that are being reviewed. Mr. Vaughan struggled with whether or not R-2 is an appropriate zone and asked other board members for input. Commissioner Lieb responded to him by stating he looked at the twelve criteria used to decide it's proposed zoning and noted the folks living around the property made comments that the traffic in this area is pretty dangerous as it stands and the proposed zoning would not decrease the street traffic. In the promotion of health and general welfare, he does not feel approving the application would help. Mr. Lieb also noted that R2 zoning belongs closer to downtown Bozeman and not so far out from town. Commissioner Nathan Minnick notes he understands board members view points and stated he is not afraid of density either, however commented that there would have to be a traffic study done prior to development. He understands the nature of the homes in the area and stated the applicant could propose a smaller part of this property as R-2 because there needs to be a buffer in between. He asked the applicant to consider the surrounding residences. Chair JP Pomnichowski stated this application failed on eight counts of the twelve criteria that need to be met. It is not consistent with the city's growth policy. This land use is designated future urban and the City Commission had a resounding majority at not developing future urban, that until the year 2020, it will not be addressed. She also notes that Goldenstein Lane is not slated for capital improvement any time soon. Ms. Pomnichowski stated the fire department stated their response time is now 10-15 minutes and feels that is too long in a time of danger. She notes there are A-S and R-S zones contiguous to this property and feels that R-2 zoning would crowd the surrounding area. She also states this proposal would not be considerate to the character of the district and commented that she lives off of South 3rd and there are already issues with traffic dangers, those routes into town need be improved before they are taxed anymore. Chair Pomnichowski notes the precedence from the City Commission at last night's meeting leaves her to not give support to this application. Nathan Minnick understands the character of the district, but feels that R-2 should not be looked over. Motion and Vote: Mr. Vaughan notes this application is consistent with the surrounding subdivisions in the area such as Meadow Creek and feels that if this application gets denied by the city, it will come to the application. Commissioner Vaughan moved to recommend approval of file#Z-06157. The motion was seconded by Nathan Minnick and carried by the following vote: Those voting for the motion being Warren Vaughan and Nathan Minnick; Those voting against the motion being JP Pomnichowski and Nicholas Lieb. In light of the 2-2 split vote, this item is being forwarded to the City Commission on September 25d`without a formal recommendation. 7 ITEM 5. ADJOURNMENT Chair Pomnichowski adjourned the meeting at 8:11PM. *City of Bozeman Planning Board meetings are open to all members of the public. If you have a special need or disability,please contact our ADA Coordinator,Ron Brey,at 582-2306(voice)or 582-2301 (TDD). 8 September 5, 2006 Bozeman City Zoning Commission Bozeman City Commission RE: Willowbend Zone Map Amendment#Z-06157 Dear Commissioners, This letter is being submitted on behalf of the shareholders in the Middle Creek Ditch Company. The ditch company is not opposed to the Willowbend annexation request or the proposed zone map amendment. We only want to go on record as reminding any future developers of the area that Montana State Law protects our water rights as shareholders. It also allows us access to the ditch for the purpose of maintenance and clean-up. This includes but is not limited to the removal of trash, brush, or tree overgrowth, etc. Thank you for acknowledging our rights and concerns. Gerald Goldenstein Vice-President Middle Creek Ditch Company Lynne Hubert September 6,2006 4240 S. 3rd Ave. Bozeman, Mt. 59715 City of Bozeman Department of Planning and Community Development P.O. Box 1230 Bozeman, Mt 59771-1230 1 am writing this letter to you in response to the notice you sent me about annexation of 20 acres located at 6800 Galdenstein lane, at the intersection of south 3rd Ave. and Goldenstein Lane, on the south side of the road. Also a change in zoning from AS, agriculture suburban, to R-2, residential two-household, medium density district. I live at 4240 S. 3rd Ave., and have been there for 22 years. I feel that annexation of this property would be premature. It would be a island annexation not contiguous with city limits. I do not approve of annexation at this time. I don't believe that there should be an amendment to the City of Bozeman Zoning Map. It would not be appropriate. It is my understanding that the owners want to build two duplexes. There are none in this area. It is all residential. Mr. and Mrs. Elliott, the previous owners of this property, wanted to change the zoning to R-2, they also wanted to build two duplexes a few years ago. They were denied. Nothing in the area has changed since then. I believe the zoning should not be changed. It is appropriate for the zoning to be AS. It is in keeping with the rural character of the surrounding properties. Sincerely, � " %, Lynne Hubert ITY OF BOZEMAN C1 OV-1 N►�1.- `'' " DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT ------------ Alfred M. Stiff Professional Buil (� phone 406-582-2260 MCI 20 East Olive Street fax 406-582-2263 P.O. Box 1230 lanning@bozemon.nei Bozeman, Montana 59771-1 JUN 15 2006 www.bozemon.net DEPARTMENT OF PLANNING DEVELOPMENT REVIEW PPLA �� l�'DEVELOPMENT 1. Name of Project/Development: South Forty — Schafer Development —Z H rAT Z 2.Property Owner Information: Name: Tom & Joan Schafer E-mail Add-Less:schafer@theglobal.net Ivlailin0Address:351 Dulohery Lane, Bozeman, Mt. 59715 Phone: 406-587-7043 FAX: same 3.Applicant Information: Name: Springer Group Architects E-mail Address: lowell@springergroup. MailingAddress: net 201 S. Wallace Ave. , Suite A-1 , Bozeman, Mt. 59715 Phone: 406-585-2400 FAX: 406-585-7446 4. Representative Information: Name: Same as above E-mail Address: Mailing Address: Phone: FAX: 5. Legal Description: Tract 2: N2SW4 SEC25 2S 5E 2OAC 6. Street Address: 6800 Goldenstein Lane, Bozeman, M CITY OF BOZEMAN 7. Project Description: R E P R I N T 1 P No project has been defined. ** CUSTOMER RECEIPT Open. PROFCASH Type: EP Drawer: 1 Date: 6/21/06 01 Receipt no: 154659 Descri pLion kluantit Amount I 8.ZoningDesi nations : 9. Current Land Use s' ZN DPCD: AMEND-ZONE 6 g ( ) R-2 (Req. ) ( } 1.00 $1500.00 SCHAFER CONSTRUCTION INC. J 10. Bozeman 2020 Community Plan Designation: Tender detailFuture Urban CK CHECK 5544 $1050.00 CK CHECK 55433 $450.00 Total tendered $1500.00 11. Gross Area: Acres: 20 . 00 Square Feet: 112.Net Are Total payment $1500.00 Trans date: 6/15/06 Time: 10:14:06 Page 1 THANK YOU' ZONING MAP OR UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT CHECKLIST This checklist shall be completed and returned as part of the submittal. Any item checked "No" or "N/A" (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Amendment Type. What type of amendment is being requested?(check all that apply) ❑ Zoning Map Amendment ❑ Unified Development Ordinance Amendment—Zoning Provisions ❑ Unified Development Ordinance Amendment—Subdivision Provisions B. Zoning Map or UDO Zoning_ Provision Amendment Criteria. For Zoning Map Amendments and Unified Development Ordinance Text Amendments involving zoning provisions,written responses for each of the following criteria shall be provided. Are written responses for the following criteria provided? Zoning Provision Criteria Yes No N/A 1. Is the new zoning designed in accordance with the comprehensive plan? 0 ❑ ❑ 2. Is the zoning designed to lessen congestion in the streets? ❑✓ ❑ ❑ 3. Will the new zoning promote health and general welfare? El ❑ ❑ 4. Will the new zoning secure safety from fire,panic and other dangers? 0 ❑ ❑ 5. Will the new zoning provide adequate light and air? ❑✓ ❑ ❑ 6. Will the new zoning prevent the overcrowding of land? ❑ ❑ ❑ 7. Will the new zoning avoid the undue concentration of population? ✓❑ ❑ 1 ❑ 8. Will the new zoning facilitate the adequate provision of transportation,water, sewer, ✓❑ ❑ ❑ schools,parks,fire,police,and other public requirements? 9. Does the new zoning give consideration to the peculiar suitability of the property for ✓❑ ❑ ❑ particular uses? 10. Does the new zoning give reasonable consideration to the character of the district? ✓❑ ❑ ❑ 11. Was the new zoning adopted with a view to conserving the value of buildings? ✓❑ ❑ ❑ 12. Will the new zoning encourage the most appropriate use of land throughout such ✓❑ ❑ ❑ county or municipal area? C. UDO Subdivision Provision Criteria. For Unified Development Ordinance Text Amendments involving subdivision provisions,written responses for each of the following criteria shall be provided. Are written responses for the following criteria provided? Subdivision Provision Criteria Yes No N/A 1. Will the amendment provide for the orderly development of the jurisdictional area? ❑ ❑ ❑ 2. Will the amendment provide for the coordination of roads within subdivided land ❑ ❑ ❑ with other roads,both existing and planned? 3. Will the amendment provide for the dedication of land for roadways and for public ❑ ❑ ❑ utility easements? 4. Will the amendment provide for the improvement of roads? ❑ ❑ ❑ Page 3 (Zoning Map or Unified Development Ordinance Text Amendment Checklist—Prepared 12/05/03,revised 9/20/04) Subdivision Provision Criteria,continued Yes No N/A S. Will the amendment provide for adequate open spaces for travel, light, air and ❑ ❑ ❑ recreation? 6. Will the amendment provide for adequate transportation,water and drainage? ❑ ❑ ❑ 7. Will the amendment provide for the regulation of sanitary facilities? ❑ ❑ ❑ 8. Will the amendment provide for the avoidance or minimization of congestion? ❑ ❑ ❑ 9. Will the amendment provide for the avoidance of subdivision which would involve ❑ ❑ ❑ unnecessary environmental degradation and the avoidance of danger of injury to health, safety or welfare by reason of natural hazard or the lack of water, drainage, access, transportation, or other public services or would necessitate an excessive expenditure of public funds for the supply of such services? I (We),the undersigned, hereby certify that the information contained in this application is true and correct to the best of my(our) knowledge. 3 -0 0 Property wner's Signatu e(s)A�—f� Date "0 � State of , 4Z A 4-0 _F/ a County of X On this day of ,20 Gw,before me,a Notary Public for the State of= a (/L.C� personally appeared � n a / known to me to be the person(s) whose name(s) is(are) subscribed to the above instrument and acknowledge to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. AUQ'/ yNotary Public for State of Q� 2� ___--� q•• NOTAR/q� • -c _ Residing at SEAL My Commission Expires 62 Page 4 Springer Group Architects, P.C. Architects and Use Planners 201 S. Wallace Ave. Bozeman, MT 59715 Phone#:406-585-2400 Facsimile#:406-585-7446 Web:www.springergroup.net June 6, 2006 Andy Epple, Planning Director Department of Community Development and Planning P.O. Box 1230 Bozeman, MT 59717-1230 RE: Application for Zone Map Amendment of Tract 2, C.O.S. 1273-D Dear Andy: This application for the above referenced Zone Map Amendment and the information required per the new Bozeman Unified Development Ordinance is included herewith. The request is to assign the initial zoning designation of R-2 (simultaneous with annexation) of the above described Tract 2. The following is the required response to the twelve areas of criteria established for consideration in making your decision. 1. Is the new zoning designed in accordance with the comprehensive plan? Yes, the reason for this request is specifically to bring the above referenced Tract 2 into the City of Bozeman in compliance with the Growth Policy and allow and promote development in accordance with that Growth Policy. The developer wishes to move forward with the compliance as soon as is possible. 2. Is the new zoning designed to lessen congestion in the streets? Yes, the new zoning will allow appropriate residential development in the area as it has been envisioned in the 2020 Plan. The anticipated increase in traffic flow for the streets (roads) in the immediate Goldenstein/S. Third area will be insignificant as the type and scale of development is consistant with the planned density of development in the area. 3. Will the new zoning promote health and general welfare? Yes,because of the previous responses(see particularly#2 above). All of these same concerns have been evaluated and scrutinized in the Growth Policy Map (2020 Plan) for this area. This change in the Zone Map is justified and, in fact required, by the UDO before any significant development can occur. The A-S zoning is no longer appropriate or even allowable in the city limits after annexation. 4. Will the new zoning secure safety from fire, panic and other dangers? Yes,the new zoning will encourage development which will have excellent access for fire protection, police protection, and other municipal services from South 19th and South 3`d Avenue via Goldenstein Lane. 5. Will the new zoning provide adequate light and air? The Bozeman Uniform Development Ordinance and the Bozeman 2020 Plan (Growth Policy), and Sections 18.34 and 18.38 of the zoning ordinance will ensure that the development of this area will provide for substantial open space to maintain very high levels of light and air as well as significant landscaping, parking and paving, curbing, sidewalks, and site lighting to meet standards of the City of Bozeman. Some wetlands and water courses exist nearby the site, but do not compose a major portion of the adjacent areas. The open space created from the development of this site at the allowable density will provide an excellent transitional and sound dissipating buffer while allowing the area to meet and exceed open space requirements. 6. Will the new zoning prevent the overcrowding of land? Yes, this area has been designated as medium density residential in the Bozeman 2020 plan for this area. Density of development was a major consideration in determining the designation for this property along with the historical i,ce of the area and its existing integration into the neighborhood character. 7. Will the new zoning avoid the undue concentration of population? Yes. The proposed zoning would allow transitional buffering relief from the low density residential uses adjacent and surrounding the site. Those areas also include some medium density developments to the north and east which constitute several hundred dwelling units of existing homes and apartments in the area. 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? Yes, this development is adequately served by South 3' and South 19`b via Goldenstein Lane. The newly installed water and sewer mains along South 19'Avenue are part of the 20-year service area for which the design capacity is more than adequate for development allowed by the proposed zoning. The use of the parks and Sourdough Trail to the east will serve this parcel very adequately and connection of trails through this site to developments further west could significantly enhance the trail system. Sourdough Fire Department is located within two minutes of the site and police protection already covers this entire area. Schools within the area have been designed to accommodate the eventual development of this parcel. 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? Yes, suitability was a major factor in the designation of the area in the Growth Policy. Its suitability for the Owners' specific intended medium to low density residential uses is indicated by its designation in the 2020 Plan. 10. Does the new zoning give reasonable consideration to the character of the district? Yes. This area is and has always been an area with agricultural residential character. The original use of this area was appropriate for early Bozeman up until today. Continuation of it's use as medium density residential is appropriate and suggests the propriety of similar uses would still be the highest and best use into the future. 11. Was the new zoning adopted with a view to conserving the value of buildings ? Yes. The value of any buildings in the area should be enhanced with the improvement of this site which will be allowed by this Zone Map Amendment. The proposed zoning would allow the entire area to develop in accordance with the 2020 Community Plan and will allow development from which the entire area will benefit. 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? Yes, with the proposed designation now supported and in fact required by the Growth Policy, this zone map amendment will be in total conformance with the Bozeman 2020 Plan for the area which reflects thorough consideration of appropriate land use above all other criteria. Since this request is for a Zone Map Amendment that would simply bring the site into full compliance with the Growth Policy and the improvement of the development in the area is now beneficial to the planned growth of the Goldenstein/South 3rd neighborhood, we anticipate a timely review and approval of the application. Please feel free to call me for any questions you may have in reference to this application or any related information that may assist you in your review. Respectful sub tted, Lo ell W. Springer, CARB Principal Architect LWS:kr