HomeMy WebLinkAboutG11 Z-06133.GenesisBP ZMA.CCPacket.11.6.06 (ds) µ
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andy Epple,Planning Director
Chris Kukulski, City Manager
SUBJECT: Genesis Business Park Zone Map Amendment#Z-06133
MEETING DATE: Monday, November 6, 2006
BACKGROUND: A Zone Map Amendment application to establish an initial municipal zoning
designation of `BP" (Business Park District) on property being concurrently reviewed for
annexation to the Bozeman City limits on 19.998± contiguous acres located south of Stucky Road,
west of South 19`' Avenue, and northeast of Meadow Creek Subdivision, Phase One. On October
17, 2006, the Zoning Commission voted 4-0 to recommend approval of the applicant's request for a
"BP" zoning designation with the terms and contingencies outlined in the staff report. No public
testimony has been received by the Planning Office on this matter.
UNRESOLVED ISSUES: None identified at this time.
RECOMMENDATION: The City Commission approves the Zone Map Amendment application
for an initial municipal `BP" zoning designation based on the recommendations outlined in the staff
report and Zoning Commission Resolution No. Z-06133.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from annexation of the property, and costs from additional service
demand,when property is developed.
ALTERNATIVES: As suggested by the City Commission.
RespqtfuU)r submitted,
/Jew--
Andrew Epple,Planning-#4ctor Chris Kukulski, City Manager
Attachments: Applicant's Submittal
Planning Office Staff Report
Zoning Commission Minutes of October 17, 2006
Zoning Resolution No. Z-06133
Report compiled on March 29, 2006
GENESIS BUSINESS PARK ZONE MAP AMENDMENT FILE NO Z-06133
BOZEMAN ZONING COMMISSION STAFF REPORT
Item: Zoning Application No. Z-06133 — An application to amend the City of Bozeman
Zone Map to establish an initial municipal zoning designation on approximately
19.998± acres of land as "BP", Business Park District, being Lot 1 of Minor
Subdivision 235 located in the NE 1/4 of Section 23, T2S, R5E, Gallatin County,
Montana
Applicant/Owner: Greg and Susan Gianforte
1320 Manley Road
Bozeman, MT 59715-8779
Representative: Chris Budeski
Madison Engineering, LLC
924 Stoneridge Drive, Suite 1
Bozeman, MT 59718
Date/Time: Before the Bozeman Zoning Commission on Tuesday, October 17, 2006 at 7:00 PM
in the Community Room, Gallatin County Courthouse, 311 West Main Street
Bozeman, Montana and before the Bozeman City Commission on Monday,
November 1, 2006 at 6:00 PM in the Community Room, Gallatin County
Courthouse 311 West Main Street Bozeman Montana
Report By: Dave Skelton, Senior Planner
City of Bozeman Department of Planning and Community Development
Recommendation: Approval with Contingencies
----------------------------------------------------------------------------------------------------------------------------
Location/Description:
The subject property is legally described as a tract of land being Lot 1 of Minor Subdivision No. 235,
situated in the NE 'A of Section 23, T2S, R5E, PMM, Gallatin County, Montana, being approximately
19.998± acres in size. The site is generally situated along the west side of South 19`h Avenue, south of the
Grace Bible Church, southeast of the existing Genesis Business Park, and approximately one-quarter mile
south of the intersection of South 19`h Avenue and Stucky Road. Please refer to the vicinity map on the
following page.
GENESIS BUSINESS PARK ZMA-STAFF REPORT 1
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R-4, s'i Subject
Property
LOCATION MAP
Proposal:
The applicant has made application to the Bozeman Planning Office for a Zone Map Amendment to
amend the City of Bozeman Zone Map and establish an initial municipal zoning designation of `BP",
Business Park District.
The area under consideration is currently located outside the corporate limits of the City of Bozeman, is
under the jurisdiction of the Gallatin County, and is currently zoned as "A-S" (Agricultural Suburban
District). The intent of the "A-S" agriculture suburban district is to encourage cluster development so that
areas of agriculture and areas of environmental concern are preserved. It is intended that through the use
of this district, agricultural pursuits and/or open space will be preserved and environmental pursuits
and/or open space will be preserved and environmental concerns, such as high water table and
floodplains,will be protected.
The applicant has requested annexation of the subject property to the corporate limits of the City of
Bozeman concurrently with this application for a Zone Map Amendment in order to develop the property
at urban density and obtain access to municipal infrastructure and public services. The request for
annexation will be considered by the governing body, along with this zone map amendment application,
on November 6, 2006. On Monday, October 2, 2006 the City Commission voted 5-0 to approve a growth
policy amendment from "Residential" to "Business Park" on the Future Land Use Map of the Bozeman
2020 Community Plan for said lands.
Both the review and recommendations of this application for a Zone Map Amendment by the Zoning
Commission must be dependent on the City Commission approving the request for annexation, as well as
completion of the terms and contingencies of said annexation by the applicant/landowner.
GENESIS BUSINESS PARK ZMA-STAFF REPORT 2
Background:
This request for a zone map amendment was an element of the original Miller Farm/JCD annexation and
zone map amendment to annex 268+ acres and develop the Meadow Creek Subdivision. However, prior
to completion of said annexation, the former land owner of the 20-acre parcel (David & Susan Barbisan)
chose to withdraw from the annexation request and not develop the property at urban density at that time.
The current landowners now wish to proceed with the original plan for annexation of the subject property
to the corporate limits of the City of Bozeman. As a result, the applicants have submitted a request for
annexation and a zone map amendment to be reviewed concurrently, contingent on the Commission
approving the applicant's request for an amendment to the adopted growth policy from "Residential" to
"Business Park"..
The applicants have requested the growth policy amendment, annexation, and municipal zoning of the 20-
acre parcel to the City of Bozeman for the purposes of expanding their existing business (i.e., Right Now
Technologies) located in the Genesis Business Park to the northwest. It is also their intent to expand the
business park and create additional lots for the development of office headquarters, technology-orientated
uses,and related compatible land uses types allowed under the proposed`BP" zoning designation.
The existing Genesis Business Park subdivision that lies along Stucky Road was reviewed and approved by
the County Commission on April 20, 1999 under the auspices of the 1990 Bozeman Area Master Plan
Update and Bozeman Area Zoning Ordinance. Consideration of annexing the subject property or
executing waivers of right-to-protest annexation to the corporate limits of the City of Bozeman was not
required with the conditions of preliminary plat approval. However, prior to preliminary plat approval the
Bozeman City—County Planning Board and City Commission considered a Zone Map Amendment to the
Bozeman Area Zone Map from "AS" (Agriculture Suburban District) to "RO" (Residential Office
District) that considered possible annexation of the existing Genesis Business Park. The Planning Office
recommended denial of the application finding that under the proposed "RO" zoning designation the
property may develop at urban density and should be annexed to the corporate limits of the City of
Bozeman and serviced by city infrastructure. On October 26, 1998 the City Commission voted 3-2 to
approve the zone map amendment from "AS" to "RO" without contingencies for annexation of the
subject 32.4 acres or requiring the applicant to execute waivers of right-to-protest annexation.
Land Classification and Zoning:
The subject property is currently vacant and is zoned County Zoning AS (Agricultural Suburban). The
subject property was historically used for agricultural purposes being part of the Boylan farmstead and
dairy store with family residence, barns and several outbuildings.
The following land uses and zoning are adjacent to the subject property:
North: Unincorporated developed land being the Genesis Business Park and Grace Bible Church
zoned"RO" (County Zoning Residential Office).
South: Unincorporated agricultural land zoned"AS" (County Zoning Agricultural Suburban).
East: South 19`" Avenue and unincorporated agricultural land zoned "AS" (County Zoning
Agricultural Suburban).
West: Incorporated land as part of the Meadow Creek Subdivision zoned "R-3", Residential
Medium Density District, and"R-4",Residential High Density District.
GENESIS BUSINESS PARK ZMA-STAFF REPORT 3
Staff Findings:
The Bozeman Planning Office has reviewed the application for a Zone Map Amendment against
the Bozeman 2020 Community Plan, the City of Bozeman Zoning Ordinance, and the twelve (12) criteria
established in Section 76-2-304, Montana Codes Annotated, and as a result offer the following summary-
review comments for consideration by the Zoning Commission and City Commission.
1) IS THE NEW ZONING DESIGNED IN ACCORDANCE WITH THE
COMPREHENSIVE PLAN?
The current Land Use Plan Element of the Bozeman 2020 Community Plan designates the
property to develop as `Residential. The `Residential"land use classification defines areas where the
primary activity is residential with other uses permitted that complement residential land uses such
as parks,low intensity home based occupations, fire stations, churches, and schools. All residential
developments should be arranged with consideration given to the existing character of adjacent
development, any natural constraints such as steep slopes, and in a fashion that advances the
overall goals of the Bozeman 2020 Community Plan.
The `Business Park"land use classification provides for areas typified by office uses and technology-
oriented light industrial uses, although retail, services, or industrial uses may also be included in an
accessory or local service role. As noted previously, the City Commission voted 5-0 on October 2,
2006 to approve a growth policy amendment from"Residential" to `Business Park" contingent on
annexation and municipal zoning. As a result, the applicant's request for a zone map amendment
to establish an initial municipal zoning designation of`BP" is consistent with the recent growth
policy amendment granted by the City Commission.
2) IS THE NEW ZONING DESIGNED TO LESSEN CONGESTION IN THE
STREETS?
The purpose for the annexation request and zone map amendment is to access municipal
infrastructure and public services for the development of the property at an urban density that is
compatible with existing and future land use patterns in the area. During preliminary subdivision
plat and/or site plan review of any development proposal on the property the D.R.C. will identify
the impacts to the area's transportation network system generated by additional traffic from this
site and determine mitigating measures through recommended conditions of approval to the
Planning Board and City Commission.
All interior subdivision streets will be paved and constructed to acceptable public street standards
with curb, gutter and boulevard sidewalks. The site is bound on the east side by the arterial road,
South 19`h Avenue, which will require development of the subject property to mirror current
improvements occurring with Meadow Creek Subdivision to the south. These improvements in
concert with further connectivity to adjoining lands will result in improvements to the areas
transportation network system to further lessen congestion in the streets.
3) WILL THE NEW ZONING SECURE FROM FIRE, PANIC AND OTHER DANGERS?
The regulatory provisions established for the requested zoning designation of`BP", in conjunction
with provisions for adequate transportation facilities (interior subdivision roads,primary access and
secondary/emergency access) should adequately address these concerns with future development
of the property. Local emergency service agencies (fire and police) and the Development Review
GENESIS BUSINESS PARK ZMA-STAFF REPORT 4
Committee have already provided preliminary comments on the development proposal for the
property during the annexation review to ensure that provisions are in place to mitigate any
impacts from fire, panic and other dangers. Again,with development of the property the advisory
and decision-making bodies will have the opportunity to ensure protection from fire, panic, and
other dangers through the implementation of the municipal regulatory standards.
4) WILL THE NEW ZONING PROMOTE HEALTH AND GENERAL WELFARE?
Development of the subject property requires review and approval by the Montana Department of
Health and Environmental Sciences, City Engineer's Office and Director of Public Service.
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.
Municipal infrastructure is in close proximity to the site (i.e.., Meadow Creek Subdivision). This
area of Bozeman is noted for seasonal high ground water, which may require restrictions on the
final plat and appropriate engineering precautions for roads, sidewalks, and dwellings to promote
the health and general welfare of future residents.
5) WILL THE NEW ZONING PROVIDE ADEQUATE LIGHT AND AIR?
The regulatory standards set forth in the City of Bozeman Zoning Ordinance for the requested
zoning districts provides 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 proposed
development on the subject property.
6) WILL THE NEW ZONING PREVENT THE OVERCROWDING OF LAND?
The minimum yard setbacks established in the `BP", as well as the limitations of lot coverage for
principal and accessory structures and off-street parking would maintain the desired percent of
buildable area for individual lots that is sought by the community. Generally, the yard setbacks in
the `BP" district (i.e., front— 25 feet, rear — 20 feet, and side — 15 feet) are more restrictive than
the residential zoning districts (i.e., front — 15 feet, rear — 20 feet, and side — 5 feet). Such
regulatory standards should prevent the overcrowding of land and maintain the compatibility and
character with the surrounding areas.
7) WILL THE NEW ZONING AVOID THE UNDUE CONCENTRATION OF
POPULATION?
In the `BP" district, not more than sixty (60) percent of the total lot area shall be occupied by
impervious surface. The remaining forty (40) percent of the total lot area shall be landscaped as
defined in the U.D.O. All newly created lots shall have a minimum area adequate to provide for
required yards and parking, but in no case shall by be less than 43,560 square feet with a lot width
of not less than 150 feet.
The actual urban densities of this site will be determined during subdivision review with creation of
the city blocks, individual lots, streets, and open space corridors, as well as an evaluation of
adequate sewer capacity to service the lots. Compliance with the regulatory standards set forth in
the U.D.O. for each requested zoning designation (i.e., setbacks, lot coverage, and height
limitations) will also aid in providing adequately sized subdivision lots and therefore avoid undue
concentration of population.
GENESIS BUSINESS PARK ZMA-STAFF REPORT 5
8) WILL THE NEW ZONING FACILITATE THE ADEQUATE PROVISIONS OF
TRANSPORTATION, WATER, SEWER, SCHOOLS, PARKS, FIRE, POLICE, AND
OTHER PUBLIC REQUIREMENTS?
An assessment of the impacts to infrastructure, public services, schools, park land, and other
community requirements will be evaluated during preliminary subdivision plat and/or site plan
review, and said impacts identified with development of the property will be mitigated with
recommended conditions of approval by the D.R.C. Payment of cash in-lieu of water rights and
waivers of right-to-protest creation of S.I.D.'s for street improvements to 1) South 19`h Avenue, 2)
Graf Street, 3) South 27h Avenue, 4) Stucky Road, 5) Fowler Avenue, 6) Blackwood Road, and 7)
applicable signalization improvements at said street intersections, as well as 8) improvements to
trunk sewer and water mains to service the property will be addressed during annexation and
subdivision review.
During review of the application for annexation to the City, the D.R.C. determined that municipal
infrastructure is located in the area and may be extended to the property by the
landowner/developer for development of the proposed subdivision. The Planning Board and City
Commission will have the opportunity to further evaluate the development of the property during
the above-described review procedures.
9) DOES THE NEW ZONING GIVE CONSIDERATION TO THE PECULIAR
SUITABILITY OF THE PROPERTY FOR PARTICULAR USES?
The recent growth policy amendment from "Residential" to "Business Park" by the City
Commission recognizes the opportunity to increase the inventory of business park lots available to
the area and continue the land use patterns currently established with the existing Genesis Business
Park. Thus, the proposed zoning appears to give reasonable consideration to the peculiar
suitability of the property for particular uses under the "Business Park"land use classification.
10) DOES THE NEW ZONING GIVE REASONABLE CONSIDERATION TO THE
CHARACTER OF THE DISTRICT?
Currently, the property is unoccupied agricultural lands in native grasses and harvest crops situated
adjacent to urban residential (i.e., Meadow Creek Subdivision), office/technology-orientated lands
(i.e., Genesis Business Park), future high density residential (Barbisan property), and compatible
land uses (Grace Bible Church to north and future Hope Lutheran Church further south). The
zone map amendment for business park development is an effort by the applicant to expand the
needed inventory for available office and high-tech subdivision lots in the area.
11) WAS THE NEW ZONING ADOPTED WITH A VIEW OF CONSERVING VALUE OF
BUILDINGS?
There are currently no buildings or structures on the site. Exclusive of the proposed development
in Meadow Creek Subdivision to the west and further south, Barbisan property immediately south,
Genesis Business Park to the northwest, and the Grace Bible Church to the north, the majority of
the remaining adjoining lands are still in agricultural use (i.e., to the east of South 19`h Avenue).
Exclusive of those agricultural lands the adjoining properties, including the proposed high density
residential to the west and south, offer a compatible mix of land use types. As a result, the
development of this property as a business park subdivision is unlikely to create the potential for
impacts that would negatively affect the value of the existing buildings in the area.
GENESIS BUSINESS PARK ZMA-STAFF REPORT 6
12) WILL THE NEW ZONING ENCOURAGE THE MOST APPROPRIATE USE OF
THE LAND THROUGH SUCH COUNTY AND MUNICIPAL AREA?
As addressed previously in this staff report, the City Commission recently approved a growth
policy amendment from "Residential" to "Business Park". Thus, the proposed `BP" zoning
would be in compliance with the adopted growth policy and "Business Park" land use
classification. The governing body recognized with the growth policy amendment the need for
expansion of the existing business park and the addition of a private school in proximity to high
density residential to the south and community commercial development to the north. Within the
context of a greater area, the site is considered part of a node of well-suited land uses situated at
the intersection of South 19`h Avenue (principal arterial) and Stuck Road (future arterial) that
contains uses generally considered compatible with residential development (i.e., offices, churches,
and schools). Furthermore, the area serves as a transition or demarcation between commercial
development to the north and residential further south.
Public Testimony:
As of the writing of this staff report, the City of Bozeman Department of Planning and
Community Development has not received any public testimony on the matter. Any written comments
received by the Planning Office will be forwarded to the Zoning Commission and City Commission
during the public hearings.
Staff Recommendation:
Based on the summary review outlined in this staff report and consideration by the Development
Review Committee, the Planning Office finds that the proposed Zone Map Amendment application to
establish an initial municipal zoning designation on the City of Bozeman Zone Map for 19.998± acres of
land as `BP", Business Park District, is in general compliance with the twelve (12) criteria established by
Montana Code Annotated and the Bozeman 2020 Community Plan. Therefore, the Planning Staff
recommends approval of the "B-2" zoning request.
If the City Commission chooses to annex the subject property, staff recommends approval of the
Zone Map Amendment application,contingent on the following terms:
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 Ordinance for the Zone Map Amendment shall not be adopted until the growth
policy amendment to amend the Land Use Plan Element of the Bozeman 2020 Community
Plan from "Residential" to `Business Park" is formally adopted by the City Commission.
3. That the applicant submit a zone amendment map, titled "Genesis Business Park Zone Map
Amendment", on a 24" by 36" mylar, 8 '/a°' by 11" or 8 '/a" by 14" paper exhibit, and two (2)
digital copies 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 containing a metes and bounds legal description of the perimeter
of the subject property, total acreage of the property and adjoining rights-of-way and/or street
access easements.
GENESIS BUSINESS PARK ZMA-STAFF REPORT 7
4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description and map of the area to be rezoned, which will
be utilized in the preparation of the Ordinance to officially amend the zone map.
THE RECOMMENDATION OF THE BOZEMAN ZONING COMMISSION WILL BE
FORWARDED TO THE BOZEMAN CITY COMMISSION FOR A DECISION AT THEIR
PUBLIC HEARING WHICH IS SCHEDULED FOR MONDAY, NOVEMBER 6, 2006. IN
THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 20% OR MORE OF THE LOTS IMMEDIATELY ADJACENT TO OR
WITHIN 150 FEET FROM THE STREET FRONTAGE, THE AMENDMENT SHALL NOT
BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF THREE-FOURTHS OF
ALL MEMBERS OF THE CITY COMMISSION.
ATTACHMENTS
Exhibit A - ZMA Application&Map and the Applicant's response to the ZMA criteria
Staff report mailed to:
Greg and Susan Gianforte, 1320 Manley Road,Bozeman,MT 59715-8779
Madison Engineering,LLC, 924 Stoneridge Drive, Suite 1,Bozeman, MT 59718
cc: Zoning File No. 06133
GENESIS BUSINESS PARK ZMA-STAFF REPORT 8
EMAY 2006
DEPARTMEN"i Df P!.Ai!NING
iY DE
AND CDMMUNI .HOP MEN
Genesis Business Parma
Annexation, Zone Map Amendment,
And Growth Policy Amendment
Application
Bozeman, Montana
May, 2006
Prepared by:
MADISON
ENGINEERING
Madison Engineering, LLC.
924 Stoneridge Dr. Ste. 1
Bozeman, Mt. 59718
Phone: (406) 586-7355
Fax: (406) 586-7357
MADISON
ENGINEERING
May 23rd,2006 D E C Imo' V
Mr. Andy Epple IAY I ����
City of Bozeman Planning Department _
P.O. Box 1230 DEPARTMENT OF PLANNING
AND COMMUNITY DEVELOPMENT
Bozeman,MT 59771
RE: Genesis Business Park Annexation,Zone Map and Growth Policy Amendment
Dear Mr. Epple:
Attached please find 25 copies of the proposed Annexation,Zone Map and Growth Policy
Amendment applications,maps, supplemental information and the $6,300.00 review fee for the
proposed Genesis Business Park Annexation project. Please review the submitted material at
your earliest convenience and schedule the appropriate meetings.
If you have any questions or need additional information regarding this project please feel free to
contact us at 406-586-7355.
Sincerely,
Madison E 'neering Services,In
Lx:� 6 ---)/: \
Chris G. Budeski, PE
Principal Engineer
enc: 25 copies of the Annexation, Zone Map and Growth Policy Amendment applications
cc: Susan Gianforte w/ attachment
Clair Daines w/attachment
file
GA\MADISON ENGINEERING\PROJECTS\GENESIS BUSINESS PARK ANNEXATION\APPLICATION\FINAL\Planning Dept
letter.doc
CITY OF BOZEMAN MAY 2 5 7006 j
DEPARTMENT OF PLANNING AND COMMUNITY D r rPLA-tiN—INGJ
AND COMMUNITY DEVELOPMENT
ALFRED M. STIFF PROFESSIONAL OFFICE BUILDING—20 EAST OLIVE STREET
P.O. BOX 1230, BOZEMAN, MONTANA 59771-1230 (406) 582-2260; FAX(406) 582-2263
DEVELOPMENT REVIEW APPLICATION
l. Name of Project/Development: Genesis Business Park
2. Property Owner Information:
Greg R. Gianforte Phone: (406) 585-0604
Susan K. Gianforte
1320 Manley Rd.
Bozeman,Mt. 59715-8779
3. Applicant Information:
Greg R. Gianforte Phone: (406) 585-0604
Susan K. Gianforte
1320 Manley Rd.
Bozeman,Mt. 59715-8779
4. Representative Information:
Madison Engineering,LLC Phone: (406) 556-4417
Attn: Chris G. Budeski,PE Fax: (406) 586-7357
924 Stoneridge Dr. Ste. 1
Bozeman,Mt. 59718
5. Legal Description: Lot-1 Minor Subdivision 235
6. Street Address: South 19th Avenue, approxin
Road on the west side.
7. Project Description: Proposed Business Park
CITY OF BOZEMAN
R E P R I N T
8. Zoning Designations: No Current City Zoning #+ CUSTOMER RECEIPT #�#
Oper: PROFCASH Type: EP Drawer: 1
Date: 5/30/06 01 Receipt no: 144495
9. Current Land Uses: Agricultural
De=cripption Ouantit}}� Amount
AX DPCD: ANNEXATION F£E
10. Bozeman 2020 Community Plan Designation: 1 1.00 $6300-OO
GREG GIANFORTE AHEX/LNA
Tender detail
C„ CHECK 5d13 $6300.00
Total tendered $6300.00
Total payment $6300.00
Genesis Business Park Annexation Trans date: 5/25/06 Time: 11:06:57
Page 1 of 2
THANK 'r uU'.
11. Gross Area:
Acres: 20 acres Square Feet: 871,200 sf
12. Net Area:
Acres: N/A Square Feet: N/A
13. Is the Subject Site within an Overlay District: No
14. Will this application require a deviation? No
15. Application Type: Annexation
Zone Map Amendment
Growth Policy Map Amendment
This application must be accompanied by the appropriate checklist(s),number of plans or plats,
adjoiner information and materials, and fee(see Development Review Application
Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8
by I I-inches or larger than 24 by 36-inches folded into individual sets no larger than 8 %
by 14-inches. If 3-ring binders will be used,they must include a table of contents and tabbed
dividers between sections. Application deadlines are 5:00 pm every Tuesday.This application
must be signed by both the applicants(s)and the property owner(s) (if different) before the
submittal will be accepted.
As indicated by the signatures below,the applicant(s) and property owner(s) submit this
application for review under the terms and provisions of the Bozeman Municipal Code. It is
further indicated that any work undertaken to complete a development, approved by the City of
Bozeman, shall be in conformance with the.requirements of the Bozeman Municipal Code and
any special conditions established by the approval authority. Finally, I acknowledge that the
City has an Impact Fee Program and impact fees may be assessed for my project.
I (we)hereby certify that the above information is true and correct to the best of my(our)
knowledge.
Applic t' Date
Lot-1 Minor 2
Greg R. Gianf Date
7 l�
Susan K._ i o Date
Genesis Business Park Annexation Development Review Application
Page 2 of 2
APPLICATION CHECKLISTS
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 Tyne. 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? ❑ 19 ❑
2. Is the zoning designed to lessen congestion in the streets? In ❑ ❑
3. Will the new zoning promote health and general welfare? ® ❑ ❑
4. Will the new zoning secure safety from fire,panic and other dangers? 13 ❑ ❑
5. Will the new zoning provide adequate light and air? M ❑ ❑
6. Will the new zoning prevent the overcrowding of land? [Z ❑ ❑
7. Will the new zoning avoid the undue concentration of population? ❑ ❑
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
12. Will the new zoning encourage the most appropriate use of land throughout such M ❑ ❑
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
5. 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.
Property Owner's Signature(s) Date
State of
County of
On this day of 120_,before me,a Notary Public for the State of ,
personally appeared
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.
Notary Public for State of
Residing at
My Commission Expires
Page 4
ZONING MAP AMENDMENT CHECKLIST
A. Amendment Type. What type of amendment is being requested? (check all that apply)
Zoning Map Amendment
B. Zoning Provision Criteria
I. Is the new zoning designed in accordance with the comprehensive plan?
No, a growth policy amendment is required to change the zoning to the
proposed Business Park.
2. Is the zoning designed to lessen congestion in the streets?
The proposed zoning will lessen congestion in the streets. This is
accomplished by expanding and improving the street networks to serve the
development.
3. Will the new zoning promote health and general welfare?
The proposed zoning will promote health and general welfare by providing a
systematic expansion of the existing Genesis Business Park and provide a
possible location for a quality Private School for the youth of our City.
4. Will the new zoning secure safety from fire, panic and other dangers?
The proposed zoning is designed to secure safety from fire, panic and other
dangers. The project will be designed and constructed to the City of
Bozeman standards and regulations in terms of fire, safety and other
emergency service standards.
5. Will the new zoning provide adequate light and air?
The proposed zoning provides adequate light and air. The land within the
project will be developed to applicable setbacks, height, and buffering
standards that have been adopted to ensure adequate provisions for light and
air.
6. Will the new zoning prevent overcrowding of land?
The new zoning will prevent overcrowding of land. The land within the
project will be developed as permitted in the Bozeman Unified Development
Ordinance.
7. Will the new zoning avoid undue concentration of population?
Genesis Business Park Zone Map Amendment Application
Page 1 of 3
The proposed zoning will be developed as a Business Park and a possible
location for a Private School adjacent to a residential development which will
allow residents to commute to work without the need for motorized vehicles.
8. Will the new zoning facilitate the adequate provision of transportation, water,
sewer, schools, parks, fire, police, and other public requirements?
The proposed zoning will facilitate the adequate provision of transportation,
water, sewer, schools, parks, and other public requirements by constructing
the infrastructure to City of Bozeman standards and providing impact fees
for the construction of such infrastructure. The site has no existing facilities,
so the necessary infrastructure will include City water, sanitary sewer, storm
drain, streets,and park land/open space along the existing stream corridor.
9. Does the new zoning give consideration to the peculiar suitability of the property
for particular uses?
The proposed zoning will consider the character of the district and its
suitability for particular uses. The property offers no physical limitations to
the proposed uses greater than those found in other portions of the Bozeman
Community. The development is located in one of the growth sectors of the
community and is a logical extension of the existing Genesis Business Park.
10. Does the new zoning give reasonable consideration to the character of the district?
Yes,the proposed zoning gives reasonable consideration to the character of
the district. The development conforms well with the neighboring business
park, nearby commercial districts on 191h Avenue, and residential
developments to the east near 3rd Avenue and south in the proposed Meadow
Creek Subdivision.
11. Was the new zoning adopted with a view to conserving the value of buildings?
The proposed zoning will not need to consider conserving the value of
existing buildings. There are no residential structures that exist on the
property.
12. Will the new zoning encourage the most appropriate use of land throughout such
county or municipal area?
The proposed zoning will encourage the most appropriate use of the land.
The development will help implement the growth policy by providing the
ability of an existing Business Park to expand near existing growth sectors
around 19th Avenue. The land will be used as the existing Genesis Business
Park is being used today and will follow the same guidelines.
Genesis Business Park Zone Map Amendment Application
Page 2 of 3
I (we),the undersigned, hereby certify that the information contained in this application is true
and correct to the best of my(our) knowledge.
Lot-1 Minor Subdivision 235
Greg . Gianfort Date
Susan K. Gi e Date
State of r1l or►` '�7-"
County of ;f -
On this i +i day of 20 U,before me, a Notary Public for the State of Montana,
personally appeared t�:����: .�f" time : "� .-l�known to me to be the person(s)
whose name(s)*(are) subscribed to the above instrument and acknowledged to me that
**/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.
Notary Public for State of { ug—xi r:._
Residing at (L-tE-,"Y1 ►
My Commission Expires
Genesis Business Park Zone Map Amendment Application
Page 3 of 3
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CERTIFICATE OF ADJOINING PROPERTY LIST
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, Chris G. Budeski,hereby certify that,to the best of my knowledge,the attached name and
address list of all adjoining property owners within 200 feet of the property located at Lot-1
Minor Subdivision 235, is true and accurate list from the declared Gallatin County tax records.
I further understand that an inaccurate list may delay review of the project.
I l�
Signature Date
Genesis Business Park ZMA
RESOLUTION NO. Z-06133
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION RECOMMENDING
APPROVAL OF AN APPLICATION TO AMEND THE CITY OF BOZEMAN ZONE MAP
ON APPROXIMATELY 19.998± ACRES DESCRIBED AS A TRACT OF LAND BEING
LOT ONE OF MINOR SUBDIVISION NO. 235 SITUATED IN THE NORTHEAST ONE-
QUARTER OF SECTION 23, T2S, R5E, PMM, GALLATIN COUNTY MONTANA TO
ESTABLISH AN INITIAL_ MUNCIPAL ZONING DESIGNATION OF `BP" (BUSINESS
PARK DISTRICT).
---------------------------------------------------------------------------------------------------------------------
WHEREAS, the City of Bozeman has adopted a Master Plan pursuant to 76-1-604,
MCA; and
WHEREAS, the Bozeman City Zoning Commission has been created by Ordinance 1500
and Resolution No. 3312 of the City of Bozeman, pursuant to Title 76-2-307, MCA; and
WHEREAS, Greg and Susan Gianforte applied for a Zone Map Amendment, pursuant to
Chapter 18.70 of the Unified Development Ordinance to amend the City of Bozeman Zone Map
to establish an initial municipal zoning designation of `BP" (Business Park District) on 19.998±
acres of property described as a tract of land being Lot 1 of Minor Subdivision No. 235 situated
in the NE 1/a of Section 23,T2S, R5E, PMM, Gallatin County, Montana; 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
Unified Development Ordinance; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on Tuesday,
October 17, 2006, to receive and review all written and oral testimony on the request for a Zone
Map Amendment; and
WHEREAS, no members of the general public spoke in favor of, or opposition to, the
requested zone map amendment; and
WHEREAS, the City of Bozeman Zoning Commission finds that the request for a zone
map amendment generally complies with the twelve (12) criteria established in
Title 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 "Zone 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 4-0, recommends to the Bozeman City Commission for a Zone Map
Amendment to establish an initial municipal zoning designation of`BP" (Business Park District)
on 19.998± acres of property described as a tract of land being Lot 1 of Minor Subdivision No.
235 situated in the NE 1/a of Section 23, T2S, R5E, PMM, Gallatin County; Montana, be
approved 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 Ordinance for the Zone Map Amendment shall not be adopted until the growth
policy amendment to amend the Land Use Plan Element of the Bozeman 2020 Community
Plan from"Residential" to."Business Park"is formally adopted by the City Commission.
3. That the applicant submit a zone amendment map, titled "Genesis Business Park Zone Map
Amendment", on a 24" by 36" mylar, 8 '/a" by 11" or 8 '/z" by 14" paper exhibit, and two (2)
digital copies 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 containing a metes and bounds legal description of the perimeter
of the subject property, total acreage of the property and adjoining rights-of-way and/or street
access easements.
4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description 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 171h DAY OF OCTOBER 2006 Resolution No. Z-06133
Ic/.
Andrew C. Epple,Planning Dir: t . JP Pomnichowski Chairperson
City of Bozeman Department of City of Bozeman Zoning Commission
Planning and Community Development
** MINUTES **
CITY OF BOZEMAN ZONING COMMISSION
TUESDAY, OCTOBER 3, 2006
7:00 P.M.
0:07:07 [18:52:43] ITEM 1. CALL TO ORDER AND ATTENDANCE
Chair JP Pomnichowski called the meeting to order at 7:00 PM and directed the secretary to
record attendance.
Members Present:
JP Pomnichowski, Chair
Nathan Minnick
Warren Vaughan
Peter Harped
Sean Becker, Commission Liaison
Members Absent:
Nick Lieb
Staff Present:
Andrew Epple, Director of Planning &Community Development
Kimberly Kenney-Lyden, Recording Secretary
Dave Skelton, Senior Planner
Martin Knight, Associate Planner
Guests Present:
Chris Budeski,Madison Engineering
Dab Dabney,Dabney Corporation
Lester Mengel
Greg&Susan Gianforte
Emit Anderson
Bob &Janet Swenson
0:07:22 [18:58:58] ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
Seeing there was none, Chair Pomnichowski closed this portion of the meeting.
0:07:47 [18:59:04] ITEM 3. MINUTES OF OCTOBER 3RD, 2006
Warren Vaughan noted on page 5,next to the last paragraph, he asked to correct his findings
to read 'the trail system would be a great amenity to the development'. Chair Pomnichowski
also requested her name be spelled property in a couple of references.
1
application with the standard contingencies.
Chair Pomnichowski stated this application meets all 12 criteria and will be in support of this
project.
0:14:12 [20:09:49] Motion and Vote
JP Pomnichowski moved to recommend approval of application#Z-06197, seconded by
Peter Harried. Those in favor being JP Pommchowski, Peter Harped,Warren Vaughan,
Nathan Minnick, and Sean Becker.
Motion passed unanimously, 5-0.
Chair Pomnichowski noted this application will go before the City Commission on Monday,
November 6th.
0:14:40 [19:02:09] 2. Zone Map Amendment Application,#Z-06133 — (Genesis
Business Park). A Zone Map Amendment requested by the owners and applicant, Greg
and Susan Gianforte,and representatives, Madison Engineering, LLC, to establish an
initial zoning designation of B-P (Business Park District) on approximately 20 acres.
The Legal Description of this property is Lot 1 of Minor Subdivision 235, located in the
NE 1/4 of Section 23, T2S, RSE, Gallatin County, Montana (South 19th Avenue,
approximately 1/4 mile South of Stucky Road on the West side) - (Skelton)
0:14:50 [19:12:09] Staff Report
Senior Planner Dave Skelton presented the staff report and discussed surrounding land uses.
He noted that on October 2nd,the City Commission unanimously approved the growth
policy amendment designation of Business Park for this applicant to meet the demand of
their business expansion, and contingent upon annexation. He further added the planning
department is recommending approval with contingencies listed in the staff report.
0:24:00 [19:03:55] Questions for Staff
Peter Harned asked if Fowler is planned to run from Stuckey on through to Huffine at some
point in future development. Mr. Skelton responded that in the updated 2020 plan, Fowler
will end up going from Huffine to further South of Stuckey.
Warren Vaughan asked Planner Skelton to clarify how this property would fit into the current
Genesis Business Park. Mr. Skelton noted the purpose of this is to provide additional lots and
further expand the Genesis Business Park Right Now technology center. He added the City
Commission felt this BP zoning designation was an appropriate land use for this area and
approved the growth policy amendment.
Ms. Pomnichowski asked if there will be further improvement to South 19th Avenue with the
expansion of this business park. Mr. Skelton noted the Design Review Board made that a
3
condition as part of their approval of this application.
0:24:53 [19:06:091 Applicant Presentation
Chris Budeski,representing Greg & Susan Gianforte stated the issue driving this application
is the expansion of their business park, Right Now Technologies. The upside to this project is
that as soon as Meadow Creek Subdivision is completed, the residents who purchased
residences there and work at the business park will have a nice trail connecting both these
areas to employees can walk to work. He added that there are plans to improve South 19th,
Meadow Creek is adding a signal at Graf and at Stucky. He closed his presentation by noting
the developers of Meadow Creek have stubbed the entire west side of the subdivision so city
services are close to this proposed property.
0:28:04 [19:07:56] Questions for Applicant
Mr. Vaughan asked Mr. Budeski if this project will remain as one large lot or will it be
subdivided. Mr. Budeski noted only the applicant, Mr. Gianforte, would be able to answer
that. Warren Vaughan then asked how Graf Street is going to connect to this project to which
Mr. Budeski responded that it's up to the Barbizon property owners when they annex into the
city as to how Graf Street is going to be developed, but he does anticipate a road running
West off of 19th if everything works out with MDOT.
0:29:38 [19:08:01] Owner Comments
Greg Gianforte, the owner and applicant, stated he and his wife started Right Now
Technologies in 1998 and they are just shy of 700 employees. He added the average salary is
close to$70 grand per year. The entire purpose of this is because they only have three lots
left and with the growth they are experiencing (curretnly hiring one person per day since
January 2006), they need room to expand and it does fit the surrounding land use areas.
0:31:20 [ ] Questions for Owner
Warren Vaughan asked if they were planning on annexing the original Genesis Business
Park. Mr. Gianforte noted they applied in the very beginning and were declined, in turn they
have invested a lot of time and money in a private water and sewer system.
0:32:22 [19:15:10] Discussion
Nathan Minnick remarked that this application matched all 12 criteria and noted that the
growth policy was approved and amended. He added any other issues with ground water will
be addressed in the subdivision review and will be supporting this.
Peter Harned noted this request meets all 12 criteria also and feels that Bozeman needs to
continue on this Business Park path and likes that this is not on an arterial street. Overall,the
only way in and out will be from 19th Avenue, but it would be nicer if there were several
ways in and out. He added this will be a great addition to this city and is in support of this.
4
Warren Vaughan agreed with the other members and is in support of this,but has other
questions of access can be addressed during future phases of this project.
JP Pomnichowski stated this application meets the twelve criteria and likes that this is a
buffer before getting into the high density residential area just north of this location. She is
satisfied that the transportation requirements will be met as progress continues.
0:35:01 [ ] Motion and Vote
Warren Vaughan moved to recommend approval of#Z-06133 wtih the standard
contingencies. Seconded by Peter Harned. Those in favor being Warren Vaughan, Peter
Harped, Nathan Minnick, and JP Pomnichowski.
All in favor, motion passed unanimously,4-0.
Chair Pommchowski noted this item will go before the City Commission on November 6th.
0:35:30 [19:18:17] 3. Zone Map Amendment Application,#Z-06192—
(Mengel). A Zone Map Amendment requested by the owner, Lester Mengel; applicant,
Farmhouse Partners; and representatives,Engineering Inc.,to establish an initial
zoning designation of R-2 (Residential Two-Household,Medium Density District) on
approximately 5 acres. The Legal Description of this property is Tract 2B of COS No.
501, located in the SE 1/4 of Section 3, T2S,R5E,Bozeman, Gallatin County, Montana
(West of Meagher Avenue,in between Durston Road and Oak Street) - (Skelton)
0:35:37 [ ] Staff Report
Dave Skelton presented the staff report. He noted Farmhouse Partners are seeking R-2
Zoning. Only one property line is contiguous, however this area is surrounded by corporate
city limits. Planner Skelton noted the planning staff is recommending conditional approval
with contigencies listed in staff report. No public comment has been submitted. He further
discussed transportation issues and connections to city roadways.
0:41:40 [19:23:05] Questions for Staff
JP Pomnichowski noted it appears that a 5th of this project is a drain field in the northeast
corner and wanted to know what happens this once this property has been put onto city
services. Planner Skelton responded that this section will be drained and vacated as to make
use of this as residential development.
0:42:31 [19:25:471 Applicant Presentation
Kurt Thompson with Engineering Inc. and representing the applicant noted this property is
surrouded by city limits and access can be provided through Annie Street. He closed by
stating water and sewer will be looped through this route.
5
0:43:19 [19:29:06] Questions for Applicant
Chair Pomnichowski asked about the private access easement and wanted to get clarification
that half of the right of way is on the applicant's parcel. Mr. Thompson noted this private
access will end up being a secondary access. Planner Skelton noted the key for size of this
right of way will be the urban density this property will be developed at.
0:44:55 [19:29:12] Public Comment.
Bob Swenson, lives at 4959 Durston Road which is just north of these 5 acres. He stated that
no one has attempted to discuss annexing into the city. He noted the houses on Mar are
atrocious and an embarrassment to Montana. He asked the board to please consider the
neighbors in the surrounding area with respect to the road going right through his property.
Mr. Swenson stated that the homes to the east side are all single family homes and would
appreciate the single family homes being continued in this area. He added he is very
disappointed with the growth of Bozeman but recognizes this is out of his control. He stated
there is a lot of trash being strewn all over his property from neighboring subdivisions and
would like the city to install some sort of fencing as a safeguard. Mr. Swenson noted this
corridor is extremely blessed with wildlife, a large bird habitat, and there is large amount of
dogs that no one keeps in their yards or on leashes that are disrupting this area.
Janet Swenson, wife of Bob Swenson noted they have lived there for 25 years. The road
going between their property is a dirt road, it's rocky, and several land owners have property
rights to this access road and does not feel that others should be using it. Ms. Swenson was
concerned about the R2 zoning and asked that if it is approved, the developers do no more
than a duplex or two residences on each lot and no higher than one story as to protect their
yard.
Chris Budeski lives at 315 Sheridan,just south of this property and noted he can empathize
with the neighbors,but feels this would be an asset to the community. He added this will fit
in with the surrounding area well and notes that to the west is R-2 zoning. He closed by
stating he will be in support of this application.
Emil Anderson, lives at 90 Moss Bridge Road and owns the property immediately to the east
of this. He is not pleased with the possibility of another street going through there and noted
it is not necessary to have two accesses to this tiny portion of property. He was curious as
whether or not Annie Street is going to go through his property.
0:57:55 [ ] Questions for Staff
Planner Skelton noted Fowler is planning to continue northward. He added that it is too early
to tell if there will be a need for a secondary access to this property and it is the burden of the
developer to meet the demands of this project. These issues will be addressed during the
subdivision review process.
6
He then stated there is a big concern for everyone in the community regarding trash and the
city's code enforcement officer does attempt to impose fines upon those who are not
controlling their trash.
Mr. Skelton noted that state statute mandates that the adjoining property owners maintain
their agricultural fences. He added that during subdivision review,there is always an
opportunity to propose fencing types specific to the subdivision. There will be dedicated
parkland with this development to address the concerns of the wildlife features of this
property and attempts are being made to preserve the natural state of this area. Mr. Skelton
noted that whether or not is it zoned R1 or R2, it fits with the surrounding areas. He closed
that appreciates all the public's concerns and density issues will be addressed during the
subdivision review. The zoning designation will be determined by the City Commission.
Peter Harped asked if the only way a subdivision can be put into this property is to add
another access in and out of this property, unless Annie Street is extended. Planner Skelton
noted the only reason they would have to extend Annie is if the main access does not work
with the density and that will have go through the Development Review Committee and
generally do not grant secondary accesses unless the property is land-locked. He then added
this project is planned to be single family residences.
Commissioner Sean Becker commented that most of the public comment tonight was related
to subdivision issues and not zone map amendment, but noted these comments will be added
to future development applications on this property. His main concern was access in and out
of this property. Mr. Becker did add that Animal Control can help with the roaming dogs.
Planner Skelton responded that the developer will have the burden of acquiring this easment
if it is necessary.
1:10:07 [19:35:231 Discussion
JP Pomnichowski thanked the public for their testimony. She noted this property is
contiguous and will be best served since it is close to city services. As far as density is
concerned, she added that the R2 designation is appropriate because it allows for single
family and duplexes but noted that any higher density would require a conditional use
permit. Ms. Pomnichowski stressed the importance of keeping the wildlife corridor and bird
habitat intact and encouraged the applicant to address the secondary access issue. She closed
by noting this application meets the 12 criteria and asked the applicant to take the public
comment into consideration before further developing the subdivision.
Mr. Harped stated the Gallatin Valley is a beautiful place, yet noted a subdivision would be a
better fit here because it's within the city of Bozeman instead of this being sprawled
somewhere else through the valley. He added he is in agreement with Ms. Pomnichowski and
likes the R2 designation, but feels RI could possibly work better. In closing,Mr. Harned
noted he will be in support of this application.
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Mr. Vaughan stated he will be in support of this as well, but commented to the public that
they should continue to stay involved as their issues are legitimate. He did note this is an
appropriate zoning designation and development in the city is at a higher standard than what
is happening in the county right now and is encouraged.
1:14:25 [19:36:13] Motion and Vote
Nathan Minnick moved to recommend approval of application #Z-06192 with the standard
contingencies. Warren Vaughan seconded. Those in favor being Nathan Minnick,Warren
Vaughan, JP Pomnichowski, and Peter Harned.
All in favor, motion passed unanimously 4-0.
Chair Pomnichowski noted this application will go before the City Commission on
November 13th.
1:14:59 [19:38:451 ITEM 5. NEW BUSINESS
Seeing none,JP Pomnichowski closed this portion of the meeting.
1:15:03 [19:52:051 ITEM 6. ADJOURNMENT
Meeting adjourned at 8:1OPM.
JP Pomnichowski, President&Chair Andrew C.Epple,Director
City of Bozeman Planning Board Planning and Community Development
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