HomeMy WebLinkAboutG9 Morgan Zone Map Amendment
Report compiled on October 31, 2006
Commission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Martin Knight, Assistant Planner
SUBJECT: Morgan Zone Map Amendment Application #Z-06197
MEETING DATE: Monday, November 6th, 2006
BACKGROUND: The applicant is proposing to amend the City of Bozeman Zoning Map to
establish an initial municipal zoning designation of R-3 (Residential Medium Density District) on
1.097 acres of land located at 3017 West Babcock Street. At their October 3rd, 2006 public hearing
the City of Bozeman Zoning Commission voted 0 against and 5 in favor of this application. A
recommendation of approval has been forwarded.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
RECOMMENDATION: The City Commission approves this application, with the contingencies
listed on Page 2 of Zoning Commission Resolution #Z-06197.
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 mknight@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
MORGAN ZONE MAP AMENDMENT
ZONING COMMISSION & CITY COMMISSION STAFF REPORT FILE NO. Z-06197
Morgan Zone Map Amendment Staff Report, #Z-06197 1
Item: Zone Map Amendment Application #Z-06197 requesting to amend the City
of Bozeman Zone Map to establish an initial municipal zoning designation
of R-3 (Residential Medium Density District) on approximately 1.097 acres
of land located at 3017 West Babcock Street.
Owner/Applicant: Morgan Homes, Inc.
John Morgan
1423 Cougar Drive
Bozeman MT 59715
Representative: Madison Engineering, LLC
Chris Budeski
924 Stoneridge Drive, Ste. 1
Bozeman MT 59718
Date/Time: Before the Bozeman Zoning Commission on Tuesday, October 17, 2006, at
7:00 p.m., in the Community Room, 311 West Main Street, Bozeman,
Montana, and before the Bozeman City Commission on Monday,
November 6, 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-3 zoning with Contingencies
PROJECT LOCATION & MAP:
The subject property is legally described as Tract 2 of Certificate of Survey No. 2276, in the northwest
quarter of Section 11, T2S, R5E, PMM, Gallatin County, Montana. The property falls within the Gallatin
County Bozeman Area Zoning District, and has a zoning designation of Residential (Gallatin County
Zoning District #1). Please refer to the aerial photograph provided at the end of the Staff Report and to
the following vicinity map.
PROPOSAL AND BACKGROUND INFORMATION
The property owner and applicant, Morgan Homes, Inc., have proposed to annex the 1.097-acre subject
property to the corporate limits of the City of Bozeman and to establish an initial municipal zoning
designation of R-3 (Residential 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 single-household residence. With further development, this
residence will be removed. No watercourses, wetlands, trails, or similar features are found on the subject
property.
No public comment has been received.
ZONING DESIGNATION & LAND USES
As previously noted, the applicants propose a Zone Map Amendment to establish an initial municipal
zoning designation of R-3.
The intent of the R-3 (Residential Medium Density District) is to provide for the development of one- to
five-household residential structures near service facilities within the City. It should provide for a variety
of housing types to serve the varied needs of households of different size, age and character, while
reducing the adverse effect of nonresidential uses.
The following land uses and zoning are adjacent to the subject property:
North: Two-household residence; zoned R-2 (Residential two-household, Medium Density
District);
South: Single-household residence; zoned R-3 (Residential Medium Density District);
Morgan Zone Map Amendment Staff Report, #Z-06197 2
East: Multi-Household residences; zoned R-3 (Residential Medium Density District);
West: Two-Household residences; zoned R-2 (Residential two-household, Medium Density
District).
GROWTH POLICY DESIGNATION
The area that is subject to this application is designated as “Residential” on the Future Land Use Map in
the City’s growth policy. This designation 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 may
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.
All adjacent properties are designated “Residential” on the Future Land Use Map in the City’s
growth policy.
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:
A. Consistency with the City’s growth policy
As previously noted, this property is now designated as “Residential” 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. Design will be evaluated
for compliance with the growth policy during the development review process.
Morgan Zone Map Amendment Staff Report, #Z-06197 3
B. Lessening of congestion in the streets
This site would be serviced by York Street. The Greater Bozeman Area Transportation Plan 2001
Update designates York Street as a local street. An internal drive aisle will service the individual
units once they are created. Increased traffic will certainly occur when 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. Due to the size of the property, a
traffic study is not warranted.
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 annexation 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
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
Morgan Zone Map Amendment Staff Report, #Z-06197 4
is likely to continue and would indicate that the undue concentration of the population 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 within the “2020
Boundary” and “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 Capital Facilities Overlay District
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 development of the property. Upon
future development of the property a water and sewer comprehensive design report and a storm
water drainage and grading plan 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 development 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. This portion of West Babcock Street is dominated by
residential developments of varying density. A mix of single-household, two-household, and four-
household residences are found adjacent to the subject property. 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
this residence will be removed with further development. The City of Bozeman Historic
Preservation officer finds this structure to have no historical significance. Currently, mature
landscaping creates a buffer between the existing residence and residences to the west. 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 feasible. The proposed
residential zoning district would not negatively affect the value of adjacent residences.
K. Reasonable consideration to the peculiar suitability of the property for particular uses.
As previously noted, the 2020 Plan designates this property as “Residential.” Again, all residential
zoning districts are in accordance with this growth policy designation. Staff supports the medium
density residential zoning district for the property.
Morgan Zone Map Amendment Staff Report, #Z-06197 5
L. Encouraging the most appropriate use of land throughout the municipality.
Again, the R-3 zoning designation is appropriate for land with a designation of “Residential” 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 “Morgan tract 2 Zone Map
Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital
copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in
the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map
shall contain a metes and bounds legal description of the perimeter of the subject property and
zoning districts, and total acreage of the property.
3) That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor and map
of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially
amend the zone map.
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
Morgan Zone Map Amendment Staff Report, #Z-06197 6
public hearing on Monday, November 6th, 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 CHANGE, SUCH AMENDMENT MAY NOT BECOME EFFECTIVE EXCEPT
UPON A FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
CC: Morgan Homes, Inc., 1423 Cougar Drive, Bozeman, MT 59715
Madison Engineering, LLC, 924 Stoneridge Dr, Suite 1, Bozeman, MT 59718
Attachments: Aerial Photograph
Applicant Submittal Materials
Morgan Zone Map Amendment Staff Report, #Z-06197 7
Morgan ZMA
RESOLUTION NO. Z-06197
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP ON APPROXIMATELY 1.097 ACRES, DESCRIBED AS
TRACT 2 OF COS 2276, IN THE NW1/4 OF SECTION 11, TOWNSHIP 2S, RANGE 5E,
PMM, GALLATIN COUNTY TO ESTABLISH AN INITIAL MUNICIPAL ZONING
DESIGNATION OF “R-3” (RESIDENTIAL 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, Madison Engineering, LLC on behalf of Morgan Homes, Inc. 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 1.097 acres to establish
an initial municipal zoning designation of “R-2” (Residential Two-Household Medium Density
District) on property legally described as tract 2 of Certificate of Survey No. 2276, in the NW1/4
of Section 11, 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 Tuesday,
October 17th, 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 opposition to the requested zone
map amendment; and
WHEREAS, the City of Bozeman Zoning Commission was able to find the request for a
zone map amendment generally complies 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 5-0, officially recommends to the Bozeman City Commission approval of zoning
application #Z-06197 to amend the Bozeman zoning map to establish an initial zoning designation
of R-3 (Residential Medium Density District) for 1.097 acres contingent upon annexation of said
property which is described as tract 2 of Certificate of Survey No. 2276, in the NW1/4 of Section
11, Township 2S, Range 5E, PMM, Gallatin County, subject to 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 “Morgan tract 2 Zone Map
Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a
digital copy of the area to be zoned, acceptable to the Director of Public Service, which will
be utilized in the preparation of the Ordinance to officially amend the City of Bozeman
Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter
of the subject property and zoning districts, and total acreage of the property.
3) That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor and
map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to
officially amend the zone map.
DATED THIS 31st DAY OF OCTOBER 2006 Resolution No. Z-06197
_________________________________ ________________________________
Andrew Epple, Planning Director 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 Harned
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.
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Commissioner Vaughan moved to approve the minutes as amended, seconded by Nathan
Minnick. Those favor being Warren Vaughan, JP Pomnichowski, Nathan Minnick, Peter
Harned, and Sean Becker.
Motion passed unanimously, 5-0.
0:08:53 [20:09:27] ITEM 4. PROJECT REVIEW
0:08:53 [18:58:59] 1. Zone Map Amendment Application, #Z-06197 –
(Morgan Homes, Inc.). A Zone Map Amendment requested by the owners, Morgan
Homes, Inc. and representatives, Madison Engineering, LLC, to establish an initial
zoning designation of R-3 (Residential Medium Density District) on approximately
1.097 acres. The Legal Description of this property is Tract 2, COS No. 2276;
Township 2 South, Range 5 East, PMM Gallatin County, Montana (3017 West
Babcock) - (Knight)
0:09:03 [18:59:07] Staff Report
Martin Knight, Associate Planner presented his staff report. He noted this project is 1.1 acres
and is located at 3017 West Babcock. Planner Knight stated the applicant is requesting R3
zoning. He further added the surrounding are is a combination of duplexes and multi-family
residences. All adjacent zoning is R2 and R3. He closed his presentation by noting the
planning staff is recommending approval with contingencies stated in staff report.
0:10:50 [19:02:00] Applicant Presentation
Mr. Chris Budeski, representing John Morgan of Morgan Homes Inc. noted this property will
fit in well with the surrounding area and the proposed R3 zoning is appropriate. He further
added this is a nice in-fill project. He closed in stating sewer and water is stubbed to this
property and primed for coming into the city.
0:12:04 [19:02:02] Questions for Applicant
JP Pomnichowski asked if access willl be on York Street and Mr. Budeski replied this project
will be done in two phases, the North phase will be done first with the existing home on
Babcock that will stay in use until phase one is completed. He further added phase two will
front on Babcock and the temporary access from Babcock will be closed after completion
leaving York Street as the primary access.
0:13:08 [19:02:03] Discussion
Warren Vaughan noted he is delighted these fragmented pieces of county property are being
annexed into the city, this meets the twelve criteria, is consistent with the city's growth
policy, and fits in well with the character of the surrounding area. He will be supporting this
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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 Harned. Those in favor being JP Pomnichowski, Peter Harned, 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 ¼ of Section 23, T2S, R5E, Gallatin County, Montana (South 19th Avenue,
approximately ¼ 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
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condition as part of their approval of this application.
0:24:53 [19:06:09] 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.
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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
Harned, Nathan Minnick, and JP Pomnichowski.
All in favor, motion passed unanimously, 4-0.
Chair Pomnichowski 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 ¼ 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 [19:25:47] 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.
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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.
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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 Harned 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 [19:35:23] 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. Harned 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 R1 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 [19:38:45] ITEM 5. NEW BUSINESS
Seeing none, JP Pomnichowski closed this portion of the meeting.
1:15:03 [19:52:05] ITEM 6. ADJOURNMENT
Meeting adjourned at 8:10PM.
_______________________________ _________________________________
JP Pomnichowski, President & Chair Andrew C. Epple, Director
City of Bozeman Planning Board Planning and Community Development
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