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HomeMy WebLinkAboutF1 Mengel ZMA soz-t7-1 It, r 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andy Epple,Planning Director Chris Kukulski, City Manager SUBJECT: Mengel Zone Map Amendment#Z-06192 MEETING DATE: Monday, November 13, 2006 BACKGROUND: A Zone Map Amendment application to establish an initial municipal zoning designation of "R-2" (Residential, Two-Household Medium Density District) on property being concurrently reviewed for annexation to the Bozeman City limits on 5.0± contiguous acres located east of Oak Springs Subdivision, three-quarter miles south of West Oak Street, and one-quarter mile north of Durston Road. On October 17, 2006, the Zoning Commission voted 4-0 to recommend approval of the applicant's request for an "R-2" zoning designation with the terms and contingencies outlined in the staff report. No written testimony has been received by the Planning Office on this matter. However, during the pubic hearing before the Zoning Commission four members of the general public expressed concern with recognizing the surrounding suburban lots in the area, protection of wildlife and existing vegetation, need for another street for access, and extension of Annie Street. UNRESOLVED ISSUES: The Development Review Committee has informed the applicant to further evaluate the need for a secondary access and ability to loop the water infrastructure with development of the subject property. The projected building density of the site may be limited to the ability by the developer to address both of these matters. However, the proposed "R-2" zoning designation is still considered appropriate. Approval is contingent on annexation of said lands to the corporate limits of the City of Bozeman. RECOMMENDATION: The City Commission approves the Zone Map Amendment application for an initial municipal "R-2" zoning designation based on the recommendations outlined in the staff report and Zoning Commission Resolution No. Z-06192. 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. CONTACT: Please email Dave Skelton at dskelton@—bozeman.net if you have any questions prior to the public hearing. Report compiled on November 9, 2006 *h Commission Memorandum r APPROVED BY: Andrew Epple,Planning Director Chris Kukulski, City Manager Attachments: Applicant's Submittal Planning Office Staff Report Zoning Commission Minutes of October 17, 2006 Zoning Resolution No. Z-06192 Report compiled on November 9, 2006 CITY' OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT MCIAlfred M. Stiff Professional Buildi C C v, F' ne 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 f n :1 aring@bozeman.net Bozeman,Montana 59771 123 �� I :0 :2 0 0:6 Iwww.bozeman.net L! I DEPARTMENT OF PLANNING DEVELOPMENT REVIEW APPLICANROR INITYoFyELOPMENT 1.Name of Project/Development: Tract 2B of Certificate of Survey No. 501 f L 2.Property Owner Information: Name: Lester L Mengel. E-mail Address: Mailing Address: 311 North 17th Avenue,Bozeman,MT 59715 Phone: (406)587-1827 FAX: 3.Applicant Information: Name: Farmhouse Partners E-mail Address: farmhouse@bridgeband.com. Mailing Address: 2555 West College Street,Suite B,Bozeman,MT 59718 Phone: (406)585-9808 FAX: (406) 586-1166 4. Representative Information: Name: Engineering,Inc. (Tom Eastwood) E-mail Address: teastwoodGenginc.com Mailing Address: 705 Osterman Drive,Suite F,Bozeman,MT 59715 Phone: (406) 522-9876 FAX: (406) 922-2768 5. Legal Description: Tract 2B of Certificate of Survey No. 501 6. Street Address: Durston Road (per Gallatin County tax records) 7.Project Description: Annexation and Zone Map Amendment of five acre parcel. 8.Zoning Designation(s): N/A 9. Current Land Use(s): Vacant 10. Bozeman 2020 Community Plan Designation: Residential 7 Page 1 Appropriate Review Fee Submitted ❑ 11. Gross Area: Acres: 5.000 Square Feet: 217,800 12.Net Area: Acres: 5.000 Square Feet: 217,800 13.Is the Subject Site Within an Overlay District? ❑ Yes,answer question 13a 0 No,go to question 14 13a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 14.Will this application require a deviation(s)? ❑ Yes No 15.Application Type (please check all that apply): ❑ O.Planned Unit Development—Concept Plan ❑A.Sketch Plan for Regulated Activities in Regulated Wetlands ❑ P.Planned Unit Development—Preliminary Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑ Q.Planned Unit Development—Final Plan ❑C.Amendment/Modification of Plan Approved On/After 9/3/91 ❑R.Planned Unit Development—Master Plan ❑D.Reuse,Change in Use,Further Development,Amendment/COA ❑ S.Subdivision Pre-application ❑E.Special Temporary Use Permit ❑T.Subdivision Preliminary Plat ❑F.Sketch Plan/COA ❑U.Subdivision Final Plat ❑ G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption [J H.Preliminary Site Plan/COA ❑W.Annexation ❑I.Preliminary Site Plan ❑K.Zoning Map Amendment ❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment ❑K.Conditional Use Permit ❑ Z.Zoning Variance ❑L.Conditional Use Permit/COA ❑AA.Growth Policy Map Amendment ❑M.Administrative Project Decision Appeal ❑ BB.Growth Policy Text Amendment ❑N.Administrative Interpretation Appeal ❑ Other: 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 8/2- by 11-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, thev 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 applicant(s)and the property owner(s)(if different)before the submittal will be accepted. As indicated by the signarure(s) 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 true and co ecs� t to the best of my(our)knowledge. Applicant's Signature: \` Date: Applicant's Signature: Date: Property Owner's Signature: , cn �� J Date: `i C�i Property Owner's Signature: Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03) ZONING MAP OR UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT CHECKLIST This checklist shall be completed and returned as part of the submittal. Any item checked "No" or "N/A" (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Amendment Type. What type of amendment is being requested?(check all that apply) ❑✓ Zoning Map Amendment ❑ Unified Development Ordinance Amendment-Zoning Provisions ❑ Unified Development Ordinance Amendment—Subdivision Provisions B. Zoning Map or UDO Zoning Provision. Amendment Criteria. For Zoning Map Amendments and Unified Development Ordinance Text Amendments involving zoning provisions,written responses for each of the following criteria shall be provided. Are written responses for the following criteria provided? Zoning Provision Criteria Yes No N/A 1. Is the new zoning designed in accordance with the comprehensive plan? ❑✓ ❑ ❑ 2. Is the zoning designed to lessen congestion in the streets? ❑✓ ❑ 3. Will the new zoning promote health and general welfare? 0 I ❑ ❑ 4. Will the new zoning secure safety from fire,panic and other dangers? ❑✓ ❑ ❑ 5. Will the new zoning provide adequate light and air? ❑ ❑ 6. Will the new zoning prevent the overcrowding of land? ❑ ❑ T 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. Will the new zoning encourage the most appropriate use of land throughout such ED ❑ ❑ 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 �. Will the amendment provide for adequate open spaces for travel, light, air and El ❑ ❑ recreation? 6. Will the amendment provide for adequate transportation,water and drainage-, LI I ❑ ❑ 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. L,. /.h') Property Owner's Signature(s) Date State of ✓��M't�( County of C��l�Q T�✓t On this l s 7 day of S _,20 D(o ,before me,a Notary Public for the S tate of ✓t ctCt personally appeared / CStPa' L Zrl9e( 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. BPS EA T`v0 r0 �pTARig4 Q \ Notary Public for State of a/1//onTcc SEAL Residing at My Commission Expires O 2©6OF1�P?P Page 4 ZONING MAP AMENDMENT CRITERIA 1. Is the new zoning designed in accordance with the comprehensive plan? The comprehensive plan identifies this area for potential residential development. The proposed zoning, R-2 Residential Two-household, is consistent with the potential use indicated by the comprehensive plan and the surrounding development. 2. Is the zoning designed to lessen congestion in the streets? The proposed zoning is consistent with that of other area developments.The property in question is also in close proximity to Durstorn Road, which is classified as a minor arterial roadway by the Greater Botieman Area Transportation Plan Year 2001 Update. Minor arterials join with and are supplemental to the major arterial system, providing links to residential, shopping, employment, and recreational activities within the community. Being in close proximity to a minor arterial, additional traffic on local or collector streets would be minimized. 3. Will the new zoning promote health and general welfare? The proposed zoning would be compatible with the adjacent land uses. Therefore, health and general welfare would be promoted through consistent, orderly development. 4. Will the new zoning secure safety from fire,panic and other dangers? The proposed zoning is compatible with the adjacent land uses and will not cause any adverse impacts to the safety of the general public or increased risks from fire, panic, or other dangers. Under the proposed zoning, development will insure adequate emergency vehicle access and water is available for fire suppression. 5. Will the new zoning provide adequate light and air? Adequate light and air will be provided with the new zoning following standards contained within the Botieman Unified Development Ordinance and other adopted codes and standards. 'These standards include provisions for maximum lot coverage, minimum lot areas, setback requirements, and building height restrictions. Tract 2B, C/S 501—Zoning Map Amendment Criteria Page 1 of 2 C R-11FICATc OF AMOINING PROPERTY OWNERS LIST 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 �Gt 28 6,t rir= cA-rr_ of Sure tF-q N0• 50/ , is a true and accurate list from the last declared G-allatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature (Certificate of Adjoining Property Owners List—Prepared 11/20/03) Tract 2B of Certificate of Survey No. 501 —Ad oiners List Hanson Irrevocable Trust Robert J and Janet M Swenson 4949 Durston Road 4959 Durston Road Bozeman,MT 59718-9499 Bozeman,MT 59718-9499 Emil O Anderson Susan C Kreitzberg PO Box 3654 4979 Durston Road Bozeman,MT 59772-3654 Bozeman, MT 59718-9499 Douglas L Smith Michael S Swan 4521 Durston Road 1045 Reeves Road East, Suite A Bozeman,MT 59718-9497 Bozeman,MT 59715 Bob Binstock Mojo Investments, LLC 145 North Pheasant Drive 532 Little Wolf Road Bozeman, MT 59718 Bozeman,MT 59715 _ Kenneth and Emma Kesterson Keri Baar 175 Isaiah Trail 3618 Bungalow Lane Belgrade,MT 59714 Bozeman,MT 59715 Keith J Moon Verl L Clark PO Box 6262 102 Swee morass Avenue Bozeman,MT 59771 Bozeman, MT 59718 Oak Springs Estates,LLC 1777 Sun Peak Drive Park City,UT 84098 tttt[ ttttt =� � ••� - arss r =r �E i w�4Jt its units an an1#It � ttt� !#til■ �411t[U/ Hnin #l##ii. ink it P> t� E i i =s mwm ��et1lll a � • i ��� 111#tlMI ' ; �s � au • � �� s■lam #1#ttu C a'i s� ■ ■ lilt lflails #un on • • is . .� am jam ra ll ■ ■ ,� ■""■■ ii�#emu urr+� '� ry tf t � er�rti{��iirsi�i ■ • ll'l:ileilll3lt#! ■■•tom ■ ** MINUTES ** CITY OF BOZEMAN ZONING COMMISSION TUESDAY, OCTOBER 17, 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 Harried 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 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 Harped. Those in favor being Warren Vaughan, Peter Harped,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 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 [19:29:061 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 [19:35:23]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. 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 R1 could possibly work better. In closing, Mr. Harned noted he will be in support of this application. 7 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 8:1OPM. JP Pomnichowski, President & Chair Andrew C. Epple, Director City of Bozeman Planning Board Planning and Community Development 8 Mengel ZMA RESOLUTION NO. Z-06192 RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF BOZEMAN ZONE MAP ON APPROXIMATELY 5.0± ACRES DESCRIBED AS TRACT 2B OF CERTIFICATE OF SURVEY NO. 501 SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 3, T2S, R5E, PMM, GALLATIN COUNTY MONTANA TO ESTABLISH AN INITIAL MUNCIPAL ZONING DESIGNATION OF "R-2" (RESIDENTIAL, TWO-HOUSEHOLD MEDIUM DENSITY 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, Lester L. Mengel 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"R-2" (Residential, Two-Household Medium Density District) on 5.0± acres of property described as Tract 2B of Certificate of Survey No. 501 situated in the SE I/a of Section 3, 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, four (4) members of the general public spoke expressing concern with the need to protect surrounding suburban neighborhoods, concern with more streets in the area, extension of Annie Street, good urban infill, and protection of wildlife habitat and mature vegetation; 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 "R-2" (Residential, Two- Household Medium Density District) on 5.0± acres of property described as Tract 2B of Certificate of Survey No. 501 situated in the SE 1/a of Section 3, T2S, RSE, PMM, Gallatin County,Montana, be approved with the following contingencies. 1. That the Ordinance of the "R-2" Zone Map Amendment designation 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 "Mengel Zone Map Amendment", on a 24" by 36" mylar, 8 1/2" by I I" or 8 1/2" 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. 3. 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 17th DAY OF OCTOBER 2006 Resolution No. Z-06192 Andrew C. Epple, Planning DirA60117 JP Pomnichowski Chairperson City of Bozeman Department of City of Bozeman Zoning Commission Planning and Community Development C7 m r D g r*1 o m n � co � o Z �A ._•� <_._ / a aw cceuu wµ _ w ^ A zD _ 9 _ VMT MEAGHER gYENUE `P ` m N \ 19 IT oQ I o a s gl `� oR II g�R S v —`\ -- '''777 z o� ,;-� z 4 tb z —I 0 IV p N v ------ -- I - ' .. ..0.�'.M.L. ...966 637.BY. ••..• L.. .••...1. . �....•u•.•.'..T -r...............� I .•... ". ND TH 1 -rrx '.. w mrr _ Iu b nzgl �A r ITl n D I u , a O D It co u \ ' �\ l a/ 'ii, 11 \`m y\ c? Z O y l itIt z cn m ? 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