HomeMy WebLinkAboutPacket 2_68-126_Meadow Creek Phase III and IV Zone Map Amendment #Z-06274, opened and continued from February 26
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
SUBJECT: Meadow Creek Phase III and IV Zone Map Amendment, #Z-06274
MEETING DATE: Monday, March 5, 2007
Public Hearing--Open and Continued from February 26, 2007
RECOMMENDATION: That the City Commission approves an initial municipal zoning designation of
R-3 (Residential Medium Density District) and R-4 (Residential High Density District) for the subject
property subject to the following contingencies:
1. The applicant shall submit a 24” x 36” mylar zone map titled “Meadow Creek Phase III and IV Zone
Map Amendment;” 8½-inch x 11-inch, or 8½-inch x 14-inch paper exhibit; and a digital copy of the
area to be zoned, 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, total acreage of the property and each zoning
district, and adjoining rights-of-way and/or street access easements.
2. 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.
3. The ordinance for 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 zone map amendment application shall be null and void.
BACKGROUND: This application was opened and continued at the February 26, 2007 Commission
Meeting. The applicants proposed to amend the City of Bozeman Zoning Map to establish an initial
municipal zoning designation of R-3 (Residential Medium Density District) and R-4 (Residential High
Density District) for 61.86 acres being concurrently reviewed for annexation to the Bozeman City limits (#A-
06015). The request for an initial zoning designation of R-3 and R-4 was considered by the Zoning
Commission at a February 6, 2007 public hearing. At that time, the Zoning Commission voted 3-0 to
recommend approval of the zone map amendment for R-3 and R-4 zoning.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for the
proposed development at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Brian Krueger at bkrueger@bozeman.net if you have any questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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MEADOW CREEK PHASE III AND IV ZONE MAP AMENDMENT
ZONING COMMISSION AND CITY COMMISSION STAFF REPORT FILE NO. Z-06274
Meadow Creek Phase III and IV Zone Map Amendment Staff Report, #Z-06274 1
Item: Zone Map Amendment Application #Z-06274 requesting to amend the City
of Bozeman Zone Map to establish an initial municipal zoning designations
of R-3 (Residential Medium Density District) and R-4 (Residential High
Density District) for 61.86 acres located along Stucky Road.
Owner: Canvasback LLC
924 Stoneridge Drive, Suite 1
Bozeman, MT 59715
Mildred M. Raffety Trust
PO Box 371
Livingston, MT 59047
Applicant: Canvasback LLC
924 Stoneridge Drive, Suite 1
Bozeman, MT 59715
Representative: Madison Engineering, LLC
924 Stoneridge Drive, Suite 1
Bozeman, MT 59715
Date/Time: Before the Bozeman Zoning Commission on Tuesday, February 6, 2007 at
7:00 p.m. and before the Bozeman City Commission on Monday, February
26, 2007 at 6:00 p.m. The Zoning Commission will meet in the City
Commission Meeting Room, Bozeman City Hall, 411 East Main Street,
Bozeman, Montana. The Commission will conduct its meeting in the
Community Room, Gallatin County Courthouse, 311 West Main Street,
Bozeman, Montana.
Report By: Brian Krueger, Associate Planner
Recommendation: Approval of R-3 and R-4 zoning
PROJECT LOCATION & MAP
The subject property is located on the south side of Stucky Road at 5530 Stucky Road, and is legally
described as Tracts 1 and 2 of COS No. 2111 the N ½ of the E ½ of the NE ¼ of the NW ¼ of Section
23, T2S, R5E, PMM in Gallatin County Montana as described in 151 FM 1183 and 20 FM 196. The
property falls within the Gallatin County Bozeman Area Zoning District, and has a county zoning
designation of A-S (Agricultural Suburban District).
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Meadow Creek Phase III and IV Zone Map Amendment Staff Report, #Z-06274 2
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, Canvasback, LLC proposes to annex the 61.86-acre subject property to
the corporate limits of the City of Bozeman and to establish a mix of initial municipal zoning designations
including: 41.19 acres of R-3 (Residential Medium Density District) and 20.67 acres of R-4 (Residential
High 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 public 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 several existing buildings including a residence, and various outbuildings
such as an arena, barns, and sheds. The property is currently used for agricultural uses and for a residence.
ZONING DESIGNATION & LAND USES
As previously noted, the applicants propose a Zone Map Amendment to establish a mix of initial
municipal zoning designations including R-3 and R-4.
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 intent of the R-4 (Residential High Density District) is to provide for high-density residential
development through a variety of housing types within the City with associated service functions. This will
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Meadow Creek Phase III and IV Zone Map Amendment Staff Report, #Z-06274 3
provide for a variety of compatible housing types to serve the varying needs of the community’s residents.
The net density, as defined in Chapter 18.80, BMC, for new developments shall be 8 dwellings per acre or
greater. Although some office use is permitted, it shall remain as a secondary use to residential
development. Secondary status shall be as measured by percentage of total building area.
The following land uses and zoning are adjacent to the subject property:
North: Undeveloped land, Montana State University, currently used for agriculture; zoned PLI
(Public Lands and Institutions District)
The intent of the PLI (Public Lands and Institutions District) is to provide for major public and
quasi-public uses outside of other districts. Not all public and quasi-public uses need to be
classified PLI. Some may fit within another district, however larger areas will be designated PLI.
South: Agricultural uses; zoned county A-S (Agricultural Suburban District)
East: Agricultural uses; zoned county A-S (Agricultural Suburban District); Genesis Business Park;
zoned county R-O (Residential Office District)
West: Residential and agricultural uses; zoned county A-S (Agricultural Suburban District)
GROWTH POLICY DESIGNATION
The area that is subject to this application is assigned a Residential land use designation, as shown on the
Future Land Use Map in the City’s growth policy. The Residential 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.
The following growth policy designations are adjacent to the subject property:
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Meadow Creek Phase III and IV Zone Map Amendment Staff Report, #Z-06274 4
North: Undeveloped land, Montana State University, currently used for agriculture, designated Other
Public Lands.
Other Public Lands. These areas are maintained by a variety of public agencies, chiefly
Montana State University. Although owned by the public, they may be leased or otherwise
utilized by private parties or government organizations and should not automatically be
considered as recreational lands. A variety of activities take place within these lands. If
they should transfer to private ownership an amendment to the growth policy should be
undertaken to determine the use which will be most advantageous to the community as a
whole. If these lands are utilized for agricultural purposes, annexation is not expected.
Development of these lands at densities greater than that allowed under Future Urban
should only occur after annexation.
West: Agricultural uses; designated Residential and Future Urban which is described as follows:
Future Urban. This category designates areas where development is considered to be
generally inappropriate over the 20 year term of the Bozeman 2020 Community Plan,
either because of natural features, negative impacts on the desired development pattern, or
significant difficulty in providing urban services. The Residential category contains
adequate area to accommodate over 200 percent of expected residential development over
the 20 year horizon of the Bozeman 2020 Community Plan. Development within the
Future Urban area would be generally disruptive to the desired compact urban land use
pattern depicted in the Plan. As Bozeman develops over time, it is expected that the City
would expand outward into areas previously designated as Future Urban. As the City’s
growth policy is updated from time to time, some areas currently classified as Future Urban
are expected to be reclassified to urban designations.
The land shown with a Future Urban designation is comprised of parcels in a variety of
different sizes, but typically in larger acreages. Suburban or rural density subdivisions
adjacent to the City may impede an orderly and cost effective expansion of the City. In
order to prevent such conflicts and problems in the future, use of land in the Future Urban
land use designation should follow one of three paths, which are listed in order of the
City’s preference:
1. Remain as currently utilized, until annexed and municipal services are available to
support a Residential or other urban land use category development as described in
this plan;
2. Develop at a density of a single dwelling per existing parcel, with consolidation of
smaller parcels into single ownerships for development being supported; or
3. If further subdivision is proposed, to develop at urban densities and standards with
provisions for connection to City services when they become available.
Annexation of most Future Urban areas is unlikely over the term of the Bozeman 2020
Community Plan and final authority to deny or approve development in County areas
shown with this designation remains with the County Commission. As Gallatin County
completes its own county-wide growth policy, additional and more detailed planning is
expected within the County zoning district surrounding the City. This more detailed level
of planning is expected to help identify areas that are preferred for, or inappropriate for,
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development and give guidance to the County Commission in their review of individual
development proposals.
East: Vacant land, currently used for agriculture; designated Residential and
Genesis Business Park; designated Business Park
South: Residential and agricultural uses; designated Future Urban
REVIEW CRITERIA & FINDINGS
According to Section 18.70.020 of the Unified Development Ordinance (UDO), the Bozeman Zoning
Commission shall cause to be made 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, and the proposed R-3 and R-4 zoning designations would
be in accordance with the adopted growth policy land use designation. Subdivision design will be
evaluated for compliance with the growth policy during the subdivision review process. The R-3
and R-4 zoning would satisfy many 2020 Plan goals and objectives, including:
• Goal 4.9.1, Community Character – Support the blending of housing types, sizes,
and styles to encourage a wide variety of housing within each neighborhood in
order to encourage a mingling of social and economic classes.
The R-3 and R-4 zoning districts would allow the greatest mix of residential housing types
and sizes.
• Goal 5.7.1, Housing – Promote an adequate supply of safe housing that is diverse
in type, density, and location, with a special emphasis on maintaining
neighborhood character and stability.
Again the zoning districts proposed will allow for a diverse blend of housing types, density,
and character.
• Goal 5.7.1, Objective 4 – Promote the construction of a wide variety of housing
types to meet the wide range of residential needs of Bozeman residents.
The R-3 and R-4 zoning districts would allow for a diverse blend of housing types, density,
and character.
• Goal 6.6.1, Land Use – Create a sense of place that varies throughout the City,
efficiently provide public and private basic services and facilities in close proximity
to where people live and work, and minimize sprawl.
The R-3 and R-4 zoning designations allow for a wide-range of residential types from
single household detached residences to apartment buildings. The proposed districts are
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Meadow Creek Phase III and IV Zone Map Amendment Staff Report, #Z-06274 6
adjacent to an existing employment center to the east in Genesis Business Park. A large
area of property to the north of Stucky Road and bound by South 19th Avenue on the east
is designated Community Commercial. This area is expected to develop with basic services
and employment opportunities necessary for a vibrant community. The area is expected to
become a community “node” with retail trade, education, professional and personal
services, and offices. Higher density housing adjacent to this community node would
provide support for the commercial uses and reduce the trip time for residents to gain
access to these services. The close proximity of Genesis Business Park and the future
Community Commercial node to the north would also allow residents of this area to use
alternative modes of transportation other than the automobile. The project area under
consideration is a future phase of Meadow Creek Subdivision, thereby extending the
existing land use pattern in the area while providing the opportunity for variety in building
forms and density.
B. Lessening of congestion in the streets
This site would be serviced by Stucky Road and Graf Street which are both designated as collector
streets in the Greater Bozeman Area Transportation Plan 2001 Update. Local internal subdivision
streets would service individual lots when a subdivision is created. Increased traffic will certainly
occur when additional lots and residences are developed; however, as part of the terms of
annexation, street easements and waivers of right to protest the creation of SIDs are required to
allow for future road improvements. A traffic study will be required upon further development,
and the DRC will evaluate the impacts to the area’s transportation network system and make
recommendations regarding mitigation measures.
C. Securing safety from fire, panic, and other dangers
The regulatory provisions established in all of the proposed 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
Annexation to the City of Bozeman is being sought for the subject property. Municipal
infrastructure extensions (i.e., water and sanitary sewer) and public services (i.e., police and fire
protection) will be available to the subject site if the City Commission grants the annexation
request. Connection to City water and sewer will generally eliminate the need for wells and on-site
septic systems. 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 UDO for all of the proposed 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
property.
F. Prevention of the overcrowding of land
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Meadow Creek Phase III and IV Zone Map Amendment Staff Report, #Z-06274 7
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 UDO and the International Building
Code will aid in providing adequately sized dwelling units to avoid undue concentration of
population. According to the census information for the City of Bozeman the average household
size has been declining from 5.74 in 1930 to 2.48 in 2000. This historical trend is likely to continue
and would indicate that the undue concentration of the 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 subject property as lying within the Bozeman
2020 Community Plan’s planning boundary (Figure 6-2) and within the Capital Facilities Overlay
District. The Capital Facilities Overlay District is intended to establish a priority area for
development within the larger scope of the Bozeman 2020 Community Plan future land use plan.
The designation of the Capital Facilities Overlay District 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.
The subject property is within the service area of the new wastewater, water, stormwater and park
facility plans.
An assessment of the impacts to infrastructure, public services, schools, parkland, and other
community requirements will be evaluated during further subdivision and development of the
property. Upon further development of the property, a water and sewer comprehensive design
report, a stormwater drainage and grading plan, and a traffic impact analysis will be required to
ensure adequate infrastructure capacity and/or define needed upgrades in order to develop.
Although no correspondence was received from the School District regarding capacity, the school
district is mandated by state law to provide facilities to educate every child in the City. Any
residential development proposed for the site will require the dedication of parkland adequate in
size to serve the new development.
I. Reasonable consideration to the peculiar suitability of the property for particular uses.
Staff finds that the subject property could support R-3 and R-4 type development if the subject
parcels were aggregated for development. It is anticipated that a subdivision application is
forthcoming that will propose a major reconfiguration of the current parcels with additional
subdivision into lots that will provide the minimum anticipated urban densities in the area.
J. Conserving the value of buildings
The proposed zoning districts should not negatively affect the value of the existing buildings on-
site. It is anticipated that the existing buildings will eventually be removed to accommodate
development of the property.
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Meadow Creek Phase III and IV Zone Map Amendment Staff Report, #Z-06274 8
K. Reasonable consideration to the character of the district
AND
L. Encouraging the most appropriate use of land throughout the municipality.
The character of this part of town is varied, with a mix of urbanizing annexed land, developed
County land, and rural unannexed land. The land use pattern of the annexed land is being
established by the Meadow Creek Subdivision, which is zoned both R-3 and R-4, and the Genesis
Business Park, zoned County R-O. While staff finds that R-3 zoning would better address
compatibility issues between urban and rural land uses it is anticipated that other rural land owners
in the area will be petitioning the City for annexation and requesting urban zoning designations.
The R-4 zoning designation does allow office uses with a conditional use permit and only in
conjunction with dwellings. This would allow for the potential of live/work type units in the area.
AGENCY REVIEW
The Planning Department 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 Department 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 Department recommends the following ZMA contingencies:
1. The applicant shall submit a 24” x 36” mylar zone map titled “Meadow Creek Phase III and IV
Zone Map Amendment;” 8½-inch x 11-inch, or 8½-inch x 14-inch paper exhibit; and a digital
copy of the area to be zoned, 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, total acreage of the
property and each zoning district, and adjoining rights-of-way and/or street access easements.
2. 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.
3. The ordinance for 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 zone map amendment application shall be null and void.
SUMMARY & CONCLUSION
The Planning Department, 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
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Meadow Creek Phase III and IV Zone Map Amendment Staff Report, #Z-06274 9
the review criteria and recommend approval with the above noted contingencies. The recommendation of
the Bozeman Zoning Commission will be forwarded to the Bozeman City Commission for consideration
at its public hearing on Monday, February 26, 2007. 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.
REPORT SENT TO
Canvasback, LLC, 924 Stoneridge Drive, Suite 1, Bozeman, MT 59718
Madison Engineering., 924 Stoneridge Drive, Suite 1, Bozeman, MT 59718
Mildred M. Raffety Trust, PO Box 371, Livingston, MT 59047
ATTACHMENTS
Aerial photograph
Applicant’s submittal materials
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Meadow Creek 3 and 4 ZMA
1
RESOLUTION #Z-06274
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP TO ESTABLISH AN INITIAL ZONING DESIGNATION
OF R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT) AND R-4 (RESIDENTIAL
HIGH DENSITY DISTRICT) ON 61.86 ACRES CONTINGENT UPON ANNEXATION
OF SAID PROPERTY WHICH IS DESCRIBED AS TRACTS 1 AND 2 OF COS NO. 2111
THE N ½ OF THE E ½ OF THE NE ¼ OF THE NW ¼ OF SECTION 23, T2S, R5E,
PMM IN GALLATIN COUNTY MONTANA AS DESCRIBED IN 151 FM 1183 AND 20
FM 196GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a
public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a
public hearing and submit a report to the City Commission for all zoning map amendment requests;
and
WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of
the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 18.70 of the Bozeman Unified Development Ordinance sets forth the
procedures and review criteria for zoning map amendments; and
WHEREAS, Canvasback LLC applied for a zoning map amendment, pursuant to Chapter
18.70 of the Bozeman Unified Development Ordinance, to amend the Bozeman zoning map to
establish an initial zoning designation of R-4 (Residential High Density District) and R-3 (Residential
Medium Density District) for 61.86 acres;
WHEREAS, the proposed zoning map amendment request 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 Title 76, Chapter 2, Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on February 6,
2007, to formally receive and review all written and oral testimony on the proposed zoning map
amendment; and
WHEREAS, no members of the public spoke at the public hearing; and
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WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning map
amendment generally complies with the twelve criteria for consideration established in Chapter
18.70 of the Bozeman Unified Development Ordinance; and
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning Commission,
on a vote of 3-0, officially recommends to the Bozeman City Commission approval of zoning
application #Z-06274 to amend the Bozeman zoning map to establish an initial zoning designation
of R-3 (Residential Medium Density District) and R-4 (Residential, High Density District) for 61.86
acres contingent upon annexation of said property which is described Tracts 1 and 2 of COS No.
2111 the N ½ of the E ½ of the NE ¼ of the NW ¼ of Section 23, T2S, R5E, PMM in Gallatin
County Montana as described in 151 FM 1183 and 20 FM 196 subject to the following
contingencies:
1. The applicant shall submit a 24” x 36” mylar zone map titled “Meadow Creek Phase III and
IV Zone Map Amendment;” 8½-inch x 11-inch, or 8½-inch x 14-inch paper exhibit; and a
digital copy of the area to be zoned, 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, total acreage of the property and each zoning district, and adjoining rights-of-way
and/or street access easements.
2. 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.
3. The ordinance for 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 zone map amendment application shall be null and void.
DATED THIS DAY OF , 2007, Resolution #Z-06274
_____________________________ ____________________________
Andrew Epple, Planning Director JP Pomnichowski, Chairperson
Dept. of Planning & Community Development City of Bozeman Zoning Commission
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**MINUTES**
CITY OF BOZEMAN ZONING COMMISSION,
TUESDAY, FEBRUARY 6TH, 2007
7:00 P.M.
ITEM 1. CALL TO ORDER AND ATTENDANCE
Acting Chair Peter Harned called the meeting to order at 7:05 pm and directed the secretary to record
attendance.
Members Present: Members Absent:
Peter Harned, Acting Chair JP Pomnichowski, Chair (excused)
Warren Vaughan Nathan Minnick
Nicholas Lieb
Sean Becker, Commission Liaison
Staff Present: Guests Present:
Dave Skelton, Senior Planner Trevor McSpadden
Brian Krueger, Associate Planner Rex Easton
Martin Knight, Planner Bob Lee, Morrison Mairele Inc.
Kimberly Kenney-Lyden, Recording Secretary Chris Budeski, Madison Eng.
Chuck Hinesley, Hinesley Dev.
Matt Cotterman, C & H Eng.
Sue Meadows
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Zoning Commission and not scheduled on this
agenda. Three-minute time limit per speaker.}
Seeing there was none, Peter Harned closed this portion of the meeting.
ITEM 3. MINUTES OF DECEMBER 19TH, 2006.
Warren Vaughan noted that on page 7, he would like his comment to read that he “had no strong opinion
regarding R3 or R4 zoning”. Seeing there were no further corrections, changes, or additions, Mr. Harned
noted the minutes will be approved as amended.
ITEM 4. PROJECT REVIEW
. Zone Map Amendment Application, #Z-06274 – (Meadow Creek, Ph. III & IV). A
Zone Map Amendment requested by the owners, Canvasback LLC and the Mildred
M. Raffety Trust, and applicant, Canvasback LLC, and representative, Madison
Engineering LLC, to amend the City of Bozeman Zone Map to establish an initial
municipal zoning designation of R-3 (Residential Medium Density District) and R-4
(Residential High Density District) for 61.86 acres located along Stucky Road and
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legally described as Tracts 1 and 2 of COS No. 2111, N1/2 E1/2, NE1/4 NW1/4, Sec.
23, T2S, R5E, PMM, Gallatin County, Montana. (Krueger)
Staff Presentation:
Planner Krueger gave the staff report and noted this proposal is running concurrently with is an
annexation application and is 62 acres south of Bozeman. The subject property is phase three and four of
the Meadow Creek Subdivision and if this is approved, the applicant will come forward with a
subdivision application. Mr. Krueger noted this application is in two parts because one of the applicants
came at a later time and therefore had to combine the two applications in order to save everyone involved
some time. He added they will be moving forward with only one set of maps. The DRC has approved the
proposed zoning of R3 for 20 acres and R4 for the 60 acres and Staff has noted they feel that high density
is an appropriate designation here since the northern section is community commercial. Planner Krueger
noted that the northern section will be future retail, however it has not been annexed as of yet and
anticipates this section of property coming into the city in the very near future. He stated the City has not
received any public comment to date. Planning Staff is recommending approval with the standard
contingencies. He closed by stating with MSU to the North of this property and Graff Street being
completed, there will be adequate services to this area.
Questions for Staff:
Warren Vaughan confirmed this proposal is Phase 3 and Phase 4 of the Meadow Creek Subdivision and
asked Planner Krueger is they have been approved for a Master PUD Plan. Mr. Krueger responded they
have not been approved, however the applicant will be proceeding with one in the near future.
Applicant Presentation:
Chris Budeski of Madison Engineering noted the proposed zoning for these phases gives them the
flexibility to design the roads and have the opportunity to create each lot as either a single family
residence or a duplex. He referred to this as a blanket zoning design. Mr. Budeski added this proposal
allows less difficulty to designing a concept plan. He stated that unfortunately, there is no master plan
because the other three properties around this subdivision were only interested in annexing at the time this
application came forward. They have laid out a street network that will work for the future of the area.
Mr. Budeski noted that the sewer was extended during Phase 1 and Phase 2. He further stated that the
water was extended to Kagy and 19th during Phase 1 so sewer and water is available. The road is paved
all the way through to where 27th will be. He closed by noting this application is straightforward, it is in
the growth area for the City, and thought it was a good proposal.
Questions for Applicant:
Nicholas Lieb asked if the property owned by Mr. Bennett was one of the owners that joined in during
Phase 1. Chris Budeski concurred and replied that he met with him again today to discuss the possibility
of buying the southern part of their property for a park, however they were not ready to move.
Public Comment:
241236
3
Seeing there was none, Acting Chair Mr. Harned closed this portion of the meeting and continued to
discussion.
Discussion:
Zoning Commissioner Vaughan stated he will be supporting this application and noted it meets the 12
criteria, especially No. 8 because it is consistent with the growth policy. He added this proposal is
planned to be a growth node. Warren Vaughan closed by commenting this application clearly meets
Bozeman’s growth policy and is consistent with other surrounding zones in the area.
Nicholas Lieb asked Planning Staff how they came to the decision to make the northern part of the
property R-4 and the southern portion R-3. Brian Krueger replied that it was the applicant's choice to
request this as it is their future vision of what the subdivision in this area is going to look like. Mr. Lieb
asked Chris Budeski the same question to which he answered they chose this zoning designation because
they wanted to do blanket zoning which allows them to design the streets and construct blocks as either
single family or duplexes. He added they want a mix of residences. Since Stucky is a fairly busy street,
and it borders MSU property, we put the higher density against the commercial areas. Mr. Budeski noted
that in 10-15 years, it will probably be good to have a buffer between single family and duplexes against
the commercial areas.
Dave Skelton noted this project was a joint effort by the applicant, the City Commission, and the Planning
Staff to allow for a mixed use of development. It is hard to achieve this on a large scale, but added it just
works better.
Acting Chair, Peter Harned agreed and added this is the right time for this development. Mr. Harned
noted the only problem he has with this application is that the only way in and out is on 19th. He added
that the College/19th intersection is already really difficult to get through and he'd like to see Fowler go
all the through to this subdivision. Mr. Harned asked Planning Staff if this is ever going to happen to
which Planner Krueger responded that some of this property to the north is owned by MSU, and Walt
Banziger is working on the long range plan and will be doing a presentation at the following Planning
Board meeting. Chris Budeski stated his firm put the sewer lines across the MSU property and worked
with the City to put it in alignment to where a future road would be. He closed by noting they have
designed the road all the way up through to Huffine because Fowler will go through eventually. Mr.
Harned followed this comment by stating he looks at R-4 as the highest allowable density so his concerns
are because he sees the anticipated traffic onto 19th in the future with this subdivision, but is hopeful the
design team can address these.
Motion and Vote:
Warren Vaughan moved to recommend approval of Zone Map Amendment Application #Z-06274 with
the standard contingencies and added this plan is consistent with the County's growth policy. Motion
seconded by Nicholas Lieb. All in favor, motion passed 3-0.
2. Zone Map Amendment Application, #Z-07002 – (Bridger Creek). A Zone Map
Amendment requested by the owners, Golf Course Partners, Inc., and applicant, Rex
Easton of Golf Course Partners Inc., and representative, Bob Lee of Morrison-
242237
4
Maierle Inc. requesting to amend the City of Bozeman Zone Map to change the
municipal zoning designation from B-1 (Neighborhood Business District) to R-3
(Residential Medium Density District) for approximately 7.11 acres located at 2401,
2404, and 2405 Birdie Drive. The Legal Description of this property is lots 56, 57,
and 58a, Phase 1, Bridger Creek Subdivision, Gallatin County, Montana. (Knight)
Staff Presentation:
Planner Martin Knight gave the staff report. He stated the applicant’s desire is to change the zoning
designation from B-1 to R-3 on 7.1 acres of property in between Bridger Drive and Boylan Road. It is
currently vacant land and to the east and west is a variety of residential designations. South of this
property is a mix of office and industrial uses. Planner Knight noted the City Commission did approve a
growth policy amendment on Sept. 18th, 2006 that changed this area from Commercial to Residential. The
applicant has indicated his desire to put 5-6 units per acre which is consistent with R-3 zoning and the
surrounding neighborhood zoning. He noted the City has only received one letter of public comment.
Planner Knight closed by stating the Planning Department is recommending approval with the standard
contingencies and the City Commission will be reviewing this application on February 20th.
Questions for Staff:
Nicholas Lieb asked Planner Knight what the maximum density allowed for R-3 would be. Planner
Knight answered the maximum allowable is 12 units per acre and this property was originally B-1 zoned,
but has been changed to residential by the City Commission.
Applicant Presentation:
Bob Lee, a land use planner for Morrison Maierle Inc. and representing Rex Easton from Golf Course
Partners stated that staff has done a great job of pointing out how this application meets with the twelve
review criteria. Mr. Lee was concerned about condition four and wanted to know if having cash in lieu of
water rights paid prior to approval of the zone change is standard practice. Planner Knight responded the
City would rather deal with it at this early stage so it doesn't get overlooked, but noted it could be paid
later. Mr. Lee was brief and closed by stated he and his client agree with the Planning Staff’s conclusions
and recommendations and asked the board if they had any questions for him.
Questions for Applicant:
Peter Harned stated he noticed some R-1 zoning just north of this property and asked why the applicant
chose to designate the property entirely with R-3 zoning versus possibly doing a mix of R-1 and R-3. Mr.
Lee replied that due to the size of the property, there were limitations and this is what caused them to go
in this directions, but overall are comfortable with this designation. He closed by stating the City
Commission has already approved this property for residential zoning.
Public Comment:
Erik Henyon, 3213 Augusta Drive and a Planning Board member noted that not only is he a resident of
this area, but is in favor of this zone change.
243238
5
Discussion:
Nicholas Lieb stated the plan of designating this property R-3 zoning is logical since this area is bordered
by R-3 on both sides. He added there will be more congestion on the streets but feels that R-3 is a good fit
for that piece of property and will be in support of this application.
Warren Vaughan noted he will also be in support of this as well. This is consistent with the growth policy.
Zoning Commissioner Vaughan stated that on the record, the City of Bozeman is going to experience a
tremendous growth in density due to the Story Mill Project and this proposal will add to this density
growth. He added that the Northeast Neighborhood is going to explode and closed by stating he is in
support of this application.
Acting Chair, Peter Harned stated he did not think this will hurt the property value of the M-1 districts
just south of this and agrees that this proposal meets the 12 criteria. He would like to see a little more
business in this area according to the 2020 plan to keep people from having to drive further distances to
buy a gallon of milk. Mr. Harned stated that with the explosion of possible growth in this area, Bridger
Canyon Road will need to be increased in size and improved greatly. He closed by stating that he is
support of this proposal.
Motion and Vote:
Warren Vaughan moved to recommend approval of Zone Map Amendment application #Z-07002 with
the standard contingencies. Seconded by Nicholas Lieb. Those in favor being Warren Vaughan, Nicholas
Lieb, and Peter Harned. All in favor, motion passed 3-0.
ITEM 5. NEW BUSINESS
There was no new business before the board.
ITEM 6. ADJOURNMENT
Peter Harned motioned to adjourn the meeting, seconded by Nicholas Lieb. Meeting adjourned at
7:40PM.
____________________________________ ___________________________________
Peter Harned, Acting Chairman Andrew C. Epple, Director of Planning
City of Bozeman Zoning Commission City of Bozeman
*City of Bozeman Zoning Commission meetings are open to all members of the public. If you have a special need or disability,
please contact our ADA Coordinator, Ron Brey, at 582-2306 (voice) or 582-2301 (TDD).
244239
Canvasback, LLC
Zone Map Amendment Application
Bozeman, Montana
November, 2006
Prepared by:
MADISON
ENGINEERING
Madison Engineering, LLC.
924 Stoneridge Dr. Ste. 1
Bozeman, Mt. 59718
Phone: (406) 586-7355
Fax: (406) 586-7357
245240
APPLICATIONS
246241
247242
248243
APPLICATION CHECKLISTS
249244
Page 3
(Zoning Map or Unified Development Ordinance Text Amendment Checklist – Prepared 12/05/03, revised 9/20/04)
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?
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?
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. Will the new zoning encourage the most appropriate use of land throughout such
county or municipal area?
C. UDO Subdivision Provision Criteria. For Unified Development Ordinance Text Amendments involving subdivision
provisions, written responses for each of the following criteria shall be provided.
Are written responses for the following criteria provided?
Subdivision Provision Criteria Yes No N/A
1. Will the amendment provide for the orderly development of the jurisdictional area?
2. Will the amendment provide for the coordination of roads within subdivided land
with other roads, both existing and planned?
3. Will the amendment provide for the dedication of land for roadways and for public
utility easements?
4. Will the amendment provide for the improvement of roads?
250245
251246
ZONING MAP AMENDMENT CHECKLIST RESPONSES
A. Amendment Type. What type of amendment is being requested?
Zoning Map Amendment
B. Zoning Provision Criteria
1. Is the new zoning designed in accordance with the comprehensive plan?
Yes. The proposed zoning of R-3 and R-4 is residential; the growth policy indicates
that this property is planned for residential uses.
2. Is the zoning designed to lessen congestion in the streets?
Yes. The property will be served by Graf Street, a designated collector street, and
by South 19th, a designated arterial which provides connection to the city, nearby
businesses and recreational opportunities. The property will also connect to nearby
existing trail networks that will facilitate use of non-automotive transportation.
3. Will the new zoning promote health and general welfare?
Yes. The proposed zoning along with the annexation will promote health and
general welfare by providing public service such as police and fire, as well as the
extension of the City’s sanitary sewer and water which would eliminate the need for
the septic and well currently on-site.
4. Will the new zoning secure safety from fire, panic and other dangers?
Yes. Any new structures would be required to meet the zoning requirements
including; setbacks, height limitations and lot sizes as well as meet building code
standards. City water, sewer services, fire and police would be available with the
annexation.
5. Will the new zoning provide adequate light and air?
Yes. The building setbacks have been established to allow for adequate light and air.
6. Will the new zoning prevent overcrowding of land?
Yes. The proposed zoning of R-3 and R-4 standards has been determined to be an
adequate safeguard to prevent overcrowding.
7. Will the new zoning avoid undue concentration of population?
Yes. The proposed zoning will avoid undue concentration of population by
developing at densities required in the Bozeman Unified Development Ordinance
and keeping with the intentions and provisions of the 2020 Community Plan.
Meadow Creek Phase III Zone Map Amendment Application
Page 1 of 2
252247
8. Will the new zoning facilitate the adequate provision of transportation, water, sewer,
schools, parks, fire, police, and other public requirements?
Yes. The development of the property shall be in accordance with the existing
development standards which will ensure that adequate provisions for
infrastructure and public services are provided. Additionally the impact fees will be
paid to help with the costs of off-site services and facilities that could possible be
impacted by the development.
9. Does the new zoning give consideration to the peculiar suitability of the property for
particular uses?
Yes. The City’s adopted growth policy has identified the property as Residential.
The proposed zoning is also residential. The property is adjacent to similar
residential zoning. The zoning will also provide a transition from the business park
zoning to the north and west to the agriculture uses to the east of the development.
10. Does the new zoning give reasonable consideration to the character of the district?
Yes. The new zoning gives reasonable consideration to the character of the district
by considering locations of open space, placement of vegetation and the character of
the adjacent developments.
11. Was the new zoning adopted with a view to conserving the value of buildings?
No. The existing structures will be removed from the property during the
construction of the project.
12. Will the new zoning encourage the most appropriate use of land throughout such county
or municipal area?
Yes. The proposed zoning meets the goals and objectives of the City’s growth policy
and will be developed to the standards of the UDO. Therefore, the new zoning does
encourage the most appropriate use of land throughout such county or municipal
area.
Meadow Creek Phase III Zone Map Amendment Application
Page 2 of 2
253248
CERTIFICATE OF ADJOINING PROPERTY LIST
254249
255250
ADJACENT PROPERTY OWNERS LIST
256251
CANVASBACK, LLC
ZONE MAP AMENDMENT APPLICATION
ADJOINING PROPERTY OWNERS-200’ RADIUS
Tract 1A-1 COS No. 2029 COS 1861
Marshall & C. Luzann Bennett Daniel Goodman
5535 Stucky Road. Diane Brawner
Bozeman, MT 59715 503 W Cleveland St
Bozeman, MT 59715
Tract 3 COS No. 2532
Marshall & C. Luzann Bennett Tract 4 COS No. 2532
5535 Stucky Road. Meadow Creek Partners, LLC
Bozeman, MT 59715 924 Stoneridge Dr. Suite 1
Bozeman, MT 59718
NE ¼ NE ¼ NW 1/4
Larry & Mildred Raffety 106-252
Peggy Harper Don Harry Miller
PO Box 371 Jane L. Schaaf
Livingston, MT 59047 204 Kennedy
Belgrade, MT 59714
W ½ NE ¼ NW 1/4
Nehls Enterprises, LLC
166 Lyndale Lane
Butte, MT 59701
COS 1996 TR 1
400 Development LLC
PO Box 4776
Bozeman, MT 59772
COS 1996 TR 2
Charles Marvin
405 35th Ave NE
Minneapolis, MN 55418
119-215
Roy & Elizabeth Bradley
3939 Walnut Ave Unit 104
Carmichael, CA 95608
COS 2074
Daniel Goodman
Diane Brawner
503 W Cleveland St
Bozeman, MT 59715
Canvasback, LLC Adjoining Property Owners List
Page 1 of 1
257252
FIGURES
258253
259254
R-4
R-3
PLI
A-S(COUNTY)
PROPOSED R-4
PROPOSEDR-3
A-S(COUNTY)
R-O(COUNTY)
BP
A-S(COUNTY)
STUCKY ROAD
GRAF STREET
TO 19TH SOUTH 27THTRACT 2
CERTIFCATE OF
SURVEY No. 2122
30.77 acres
TRACT 1
CERTIFCATE OF
SURVEY No. 2122
20.50 acres
260255
Raffety
Zone Map Amendment Application
Bozeman, Montana
December, 2006
Prepared by:
MADISON
ENGINEERING
Madison Engineering, LLC.
924 Stoneridge Dr. Ste. 1
Bozeman, Mt. 59718
Phone: (406) 586-7355
Fax: (406) 586-7357
261256
APPLICATIONS
262257
CITY OF BOZEMAN
DEPARTMENT OF PLANNING 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
1. Name of Project/Development: Meadow Creek Phase III A
2. Property Owners Information:
Canvasback, LLC Phone: (406) 522-0787
924 Stoneridge Drive, Suite 1
Bozeman, MT. 59715
Mildred M. Raffety Trust Phone: (406) 222-7208
P.O. Box 371
Livingston, MT 59047
3. Applicant Information:
Canvasback, LLC
Attn: Neal Ainsworth Phone: (406) 586-7355
924 Stoneridge Drive, Suite 1
Bozeman, MT. 59715
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: T2S, R5E, Section 23, Gallatin County, Montana
20 FM 196
108-269
6. Street Address: Stucky Road between South 19th and Fowler
7. Project Description: Residential Subdivision
Meadow Creek Phase III A Development Review Application
Page 1 of 3
263258
8. Zoning Designations: County Agricultural-Suburban (A-S)
9. Current Land Uses: Agriculture
10. Bozeman 2020 Community Plan Designation: Residential
11. Gross Area:
Acres: 10.59 Square Feet: 461,302
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: Zone 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
½ by 11-inches or larger than 24 by 36-inches folded into individual sets no larger than 8 ½
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.
Meadow Creek Phase III A Development Review Application
Page 2 of 3
264259
265260
APPLICATION CHECKLISTS
266261
267262
268263
269264
270265
ZONING MAP AMENDMENT CHECKLIST NARRATIVE
A. Amendment Type. What type of amendment is being requested?
Zoning Map Amendment
B. Zoning Provision Criteria
1. Is the new zoning designed in accordance with the comprehensive plan?
Yes. The proposed zoning of R-4 is residential; the growth policy indicates that this
property is planned for residential uses.
2. Is the zoning designed to lessen congestion in the streets?
Yes. The proposed development of the property will extent South 27th Street along
the east property line, and also provide connection to the city, nearby businesses and
recreational opportunities by connecting to existing infrastructure that was build as
part of the Meadow Creek Subdivision. The property will also connect to nearby
existing trail networks that will facilitate use of non-automotive transportation.
3. Will the new zoning promote health and general welfare?
Yes. The proposed zoning along with the annexation will promote health and
general welfare by providing public service such as police and fire, as well as the
extension of the City’s sanitary sewer and water which would eliminate the need for
the septic and well if developed in the county.
4. Will the new zoning secure safety from fire, panic and other dangers?
Yes. Any new structures would be required to meet the zoning requirements
including; setbacks, height limitations and lot sizes as well as meet building code
standards. City water, sewer services, fire and police would be available with the
annexation.
5. Will the new zoning provide adequate light and air?
Yes. The building setbacks have been established to allow for adequate light and air.
6. Will the new zoning prevent overcrowding of land?
Yes. The proposed zoning of R-4 standards has been determined to be an adequate
safeguard to prevent overcrowding.
7. Will the new zoning avoid undue concentration of population?
Yes. The proposed zoning will avoid undue concentration of population by
developing at densities required in the Bozeman Unified Development Ordinance
and keeping with the intentions and provisions of the 2020 Community Plan.
Meadow Creek Phase III A Zone Map Amendment Application Narrative
Page 1 of 5
271266
8. Will the new zoning facilitate the adequate provision of transportation, water, sewer,
schools, parks, fire, police, and other public requirements?
Yes. The development of the property shall be in accordance with the existing
development standards which will ensure that adequate provisions for
infrastructure and public services are provided. Additionally the impact fees will be
paid to help with the costs of off-site services and facilities that could possible be
impacted by the development.
9. Does the new zoning give consideration to the peculiar suitability of the property for
particular uses?
Yes. The City’s adopted growth policy has identified the property as Residential.
The proposed zoning is also residential. The property is adjacent to similar
residential zoning. The zoning will also provide a transition from the business park
zoning to the east and to the agriculture uses to the west of the development.
10. Does the new zoning give reasonable consideration to the character of the district?
Yes. The new zoning gives reasonable consideration to the character of the district
by considering locations of open space, placement of vegetation and the character of
the adjacent developments.
11. Was the new zoning adopted with a view to conserving the value of buildings?
Yes, there is no buildings on site.
12. Will the new zoning encourage the most appropriate use of land throughout such county
or municipal area?
Yes. The proposed zoning meets the goals and objectives of the City’s growth policy
and will be developed to the standards of the UDO. Therefore, the new zoning does
encourage the most appropriate use of land throughout such county or municipal
area.
Meadow Creek Phase III A Zone Map Amendment Application Narrative
Page 2 of 5
272267
273268
274269
275270
CERTIFICATE OF ADJOINING PROPERTY LIST
276271
277272
ADJACENT PROPERTY OWNERS LIST
278273
ZONE MAP AMENDMENT APPLICATION
ADJOINING PROPERTY OWNERS-200’ RADIUS
Tract 1A-1 COS No. 2029
Marshall & C. Luzann Bennett
5535 Stucky Road.
Bozeman, MT 59715
Tract 3 COS No. 2532
Marshall & C. Luzann Bennett
5535 Stucky Road.
Bozeman, MT 59715
7 FM 1765
Nehls Enterprises, LLC
166 Lyndale Lane
Butte, MT 59701
106-252
Don Harry Miller
Jane L. Schaaf
204 Kennedy
Belgrade, MT 59714
125-511
State of Montana
Board of Land Commissioners
PO Box 201601
Helena, MT 59620-1601
COS 1245 TR B
MSU Foundation
PO Box 173490
Bozeman, MT 59717
MINOR SUB 191 LOT 2
Ralph & Steven Aaker
1461 Monroe Pl
Louisville, CO 80027
Canvasback, LLC Adjoining Property Owners List
Page 1 of 1
279274
FIGURES
280275
281276
PLI
A-S(COUNTY)
PROPOSED R-4
A-S(COUNTY)
A-S(COUNTY)
STUCKY ROAD TO 19TH
282277
283278
284279