HomeMy WebLinkAbout4-02-07-5_1-108_Allison Zone Map Amendment #Z-06205
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Lanette Windemaker, AICP, Contract Planner
SUBJECT: Allison 2 ZMA, #Z-06205
MEETING DATE: April 2, 2007
RECOMMENDATION: The City Commission approves Zone Map Amendment File # Z-06205
subject to the 3 contingencies outlined in the Staff Report.
BACKGROUND: The applicant has submitted an application to change the zoning classification on ~
14 acres of land currently zoned R-1 (Residential Single-Household, Low Density District) to R-3
(Residential Medium Density District). The property is located southeast of South 11th Avenue and
Opportunity Way, and described as a portion of NW1/4 of the NE1/4 of Section 24, T2S, R5E, PMM,
City of Bozeman, Gallatin County, MT.
The Zoning Commission recommended that it is more appropriate for the property east of Keeton Street
to be classified as R-2 (Residential Two Household, Medium Density District) and the property west of
Keeton Street to be classified as R-3 (Residential Medium Density District), and that the R-2 zoning
would mitigate some of the concerns about height and land uses.
UNRESOLVED ISSUES: Opposition to the zone change states reasons that included traffic
congestion, pedestrian safety, adverse environmental impacts, increased groundwater levels, flooding,
increased allowable height limits, the change in character from single household to multi-household, the
potential for five unit townhouses, location next to open space and watercourse, and proposed density of
the property. A petition signed by thirteen property owners opposed to the zone map amendment was
submitted. This petition will be reviewed to determine if it fulfills the protest requirements to require a
super majority vote of the City Commission to approve the zone map amendment.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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PLANNING DEPARTMENT STAFF REPORT
ALLISON 2 ZMA FILE NO. Z-06205
Item: Application #Z-06205 - A zone map amendment application to change the
zoning classification on ~ 14 acres of land, currently zoned R-1 (Residential
Single-Household, Low Density District) to R-3 (Residential Medium
Density District). The property is described as a portion of Section 24, T2S,
R5E, PMM, City of Bozeman, Gallatin County, Montana, and is located
southeast of South 11th Avenue and Opportunity Way.
Applicant/Owners: Bon Ton Inc. of Billings, P.O. Box 906, Bozeman, MT 59771.
Representatives: Rocky Mountain Engineers, PLLC, 1700 W. Koch St, Ste. 7, Bozeman,
MT 59715.
Date/Time: Before the Bozeman City Commission on Monday, April 2, 2007, at 6:00
p.m. in the Community Room, Gallatin County Courthouse, 311 West Main
Street, Bozeman, MT.
Report By: Lanette Windemaker, AICP; Contract Planner, Planning and Community
Development Department.
Recommendation: Conditional Approval.
PROPERTY LOCATION
The subject ~ 14 acres of land is located southeast of South 11th Avenue and Opportunity Way. The
property is described as a portion of Section 24, T2S, R5E, PMM, City of Bozeman, Gallatin County,
Montana. Please refer to the vicinity map below.
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PROPOSAL & BACKGROUND
The Zone Map Amendment application will go before the City Commission for a public hearing on
Monday, April 2, 2007. The proposed preliminary plat for the Allison 2 Major Subdivision is currently
under review, and will be the subject of future public hearings. The applicant's submittal is attached.
The zone map amendment would change the property from R-1 (Residential Single-Household, Low
Density District) to R-3 (Residential Medium Density District).
ZONING DESIGNATION & LAND USES
The subject property is currently zoned R-1 (Residential Single-Household, Low Density District). The
subject property has historically been in agricultural use.
The intent of the R-1 residential district is to provide for single-household residential development and
related uses within the City at urban densities, and to provide for such community facilities and services
as will serve the area’s residents while respecting the residential character and quality of the area.
The proposed zone amendment would give the property a zoning designation of R-3 (Residential
Medium Density District).
The intent of the R-3 residential 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.
North: PB (Business Park District) – CFT Minor Subdivision - formerlyVideo Lottery Technologies.
East: R-1 (Residential Single-Household, Low Density District) – Figgins Subdivision.
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South: R-1 (Residential Single-Household, Low Density District) – proposed Allison 2 Subdivision.
West: AS (County Zoning Agricultural Suburban) – Unincorporated and proposed Allison 2
Subdivision.
REVIEW CRITERIA
Planning staff has evaluated the proposed amendment with respect to the criteria set forth in Section 76-
2-304. A summary of staff's evaluation follows in the discussion below. The application's response to
the twelve criteria is attached.
1. Is the new zoning designed in accordance with the comprehensive plan?
The Bozeman 2020 Community Plan land use designation for this property is indicated as “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. (Bozeman 2020 Plan; page 6-21
and 6-22.)
The “R-3” zoning designation requested is generally considered to be consistent with the Residential
land use designation of the property.
2. Is the new zoning designed to lessen congestion in the streets?
Increased traffic will occur any time vacant property is developed. Existing paved city standard streets,
South 11th Avenue and Opportunity Way, will service this property. At the time of development the
future road extensions of South 11th Avenue and Arnold Street, as well as interior local streets will be
constructed and paved to city street standards. Pedestrian facilities would be constructed through the
property, as well as appropriate pedestrian connections to adjoining properties. Traffic congestion may
be reduced by providing living space within walking/bicycling distance of MSU businesses and services,
Morning Star Elementary School, and Sacajawea Middle School.
3. Will the new zoning promote health and general welfare?
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Generally the standards of development and accompanying development review processes will
adequately address the issues of health and general welfare.
4. Will the new zoning secure safety from fire panic and other dangers?
Any new structures on site would be required to meet the zoning requirements including setbacks, height
limitations, and lot sizes, as well as meet building code standards. In addition, City water services and
fire protection will be available.
5. Will the new zoning provide adequate light and air? and 6. Will the new zoning prevent the
overcrowding of land? and 7. Will the new zoning avoid the undue concentration of population?
The proposed R-3 zoning would provide for adequate light and air through the application of zoning
restrictions including setbacks and maximum lot coverage. Any future division of land is subject to the
subdivision review process, which would aid in providing for adequate sizing of lots and open spaces.
8. Will the new zoning facilitate the adequate provisions of transportation, water sewer,
schools, parks, fire police, and other public requirements?
The proposed zoning designation will facilitate improvements to public requirements as addressed
through subdivision and/or development review. Transportation, water, public amenities and emergency
services will all be addressed upon further subdivision or development of the property. The Parks
Advisory Board will have the opportunity to comment on any formal plans submitted for development
review. The property is located within the Capital Facilities Overlay District. This property is located
outside of the Fire Service Areas of both Fire Station #1 and #2. South 11th Avenue is designated as a
Collector street. There is a proposed boulevard trail along South 11th Avenue. The Gallagator Trail
corridor runs north-south along the east side of this property. There is east-west trail
extension/connection located in the approximate vicinity of this property. This extension appears to
connect the Gallagator Trail to South 11th Avenue.
9. Does the new zoning give consideration to the peculiar suitability of the property for
particular uses?
The subject property lies southeast of South 11th Avenue and Opportunity Way, and generally north and
west of the future extension of Arnold Street. The property is adjacent on the east side to a watercourse
and associated wetlands.
10. Does the new zoning give reasonable consideration to the character of the district?
The proposed zoning would be a buffer or transition between the business park zoning to the north and
the low-density residential zoning to the south and east.
11. Was the new zoning adopted with a view of conserving the value of buildings?
The property is currently undeveloped and would be well suited for mixed density residential
development that would be located close to MSU businesses and services.
12. Will the new zoning encourage the most appropriate use of land through such county or
municipal area?
Based upon the comments throughout this report, staff concludes that the proposed R-3 zoning would
allow for mixed density residential development.
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PUBLIC COMMENT
Numerous letters and emails were received in opposition to the zone change stating reasons that
included traffic congestion, pedestrian safety, adverse environmental impacts, increased groundwater
levels, flooding, increased allowable height limits, the change in character from single household to
multi-household, the potential for five unit townhouses, location next to open space and watercourse,
and proposed density of the property. A petition signed by thirteen property owners opposed to the zone
map amendment was submitted. This petition will be reviewed to determine if it fulfills the protest
requirements to require a super majority vote of the City Commission to approve the zone map
amendment. Any public comments received after the date of this report will be distributed at the public
hearing.
RECOMMENDED CONDITIONS OF APPROVAL
Based upon the Development Review Committee’s evaluation of the Zone Map Amendment
Application, staff finds that a designation of R-3 is appropriate for the subject property and meets the
state law requirements for zone map amendments as set forth in Section 76-2-304 Montana Codes
Annotated. Based on the Zoning Commission’s recommendation, staff recommends that the property be
designated R-2 (Residential Two-Household, Medium Density District) and R-3 (Residential Medium
Density District) with the following contingencies:
1. The property east of Keeton Street shall be classified as R-2 (Residential Two Household,
Medium Density District) and the property west of Keeton Street shall be classified as R-3
(Residential Medium Density District).
2. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a
metes and bounds legal description and a map of the area to be re-zoned, which will be utilized
in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map.
3. The applicant shall submit a zone amendment map to the Planning Office, titled “Allison 2 Zone
Map Amendment,” within 45 days of approval by the City Commission on: 1) a 24-inch x 36-
inch mylar; 2) an 8½-inch by 11- or 14-inch paper exhibit; and 3) a digital copy of the area to be
rezoned. Said map shall contain the metes and bounds legal description, description of the
boundaries of each specific zoning designation, total acreage of the property, acreage of each
specific zoning designation, and adjoining rights-of-way and/or street access easements, as
certified by a licensed Montana surveyor and acceptable to the Director of Public Service. A
one-time extension of 45 days may be granted by the Planning Director.
CONCLUSION / RECOMMENDATION
Pursuant to Section 18.70.030.D of the Bozeman Municipal Code, the Bozeman Zoning Commission
shall review the requested amendment to the zoning district map. The recommendation of the Bozeman
Zoning Commission will be forwarded to the Bozeman City Commission for consideration at its public
hearing on Monday, April 2, 2007, which begins at 6:00 p.m. The Zoning Commission Resolution #Z-
06205 and minutes from the Zoning Commission’s March 6 and 20, 2007, meetings will be forwarded to
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the City Commission and made a part of the Commission’s record. 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: Bon Ton Inc. of Billings, P.O. Box 906, Bozeman, MT 59771.
Rocky Mountain Engineers, PLLC, 1700 W. Koch St, Ste. 7, Bozeman, MT 59715.
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Allison2 ZMA
RESOLUTION #Z-06205
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION RECOMMENDING
APPROVAL OF AN APPLICATION TO AMEND THE CITY OF BOZEMAN ZONING MAP,
ON ~ 14 ACRES, TO CHANGE THE CLASSIFICATION FROM R-1 (RESIDENTIAL SINGLE-
HOUSEHOLD, LOW DENSITY DISTRICT) TO R-2 (RESIDENTIAL TWO HOUSEHOLD,
MEDIUM DENSITY DISTRICT) AND R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT),
WHICH IS DESCRIBED AS A PORTION OF NW1/4 of the NE1/4 of SECTION 24, T2S, R5E,
PMM, GALLATIN COUNTY, MONTANA, AND IS LOCATED SOUTHEAST OF SOUTH 11TH
AVENUE AND OPPORTUNITY WAY.
WHEREAS, the City of Bozeman has adopted a Growth Policy pursuant to 76-1-601,
M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission has been created by resolution of the
City of Bozeman provided for in Title 76-1-101, M.C.A.; and
WHEREAS, applicant/owners, Bon Ton Inc. of Billings, P.O. Box 906, Bozeman, MT
59771, applied for a Zone Map Amendment, pursuant to Chapter 18.70 of the City of Bozeman
Unified Development Ordinance to change the classification on ~ 14 acres, from R-1 (Residential
Single-Household, Low Density District) to R-3 (Residential Medium Density District); 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 City of Bozeman
Unified Development Ordinance; and
WHEREAS, the City of Bozeman Zoning Commission opened the public hearing on March
6, 2007, and at the applicant’s request, continued the public hearing on March 20, 2007. Public
testimony was taken on March 6, 2007 and the Zoning Commission held a public hearing on March
20, 2007, to formally receive and review all written and oral testimony on the proposed Zone Map
Amendment; and
WHEREAS, the City of Bozeman Planning Staff presented the staff report, a petition in
opposition to the request, and all written public testimony received; and
WHEREAS, the applicant presented their request to provide the opportunity for a variety of
residential types; and
WHEREAS, numerous public comments were received opposing the zone change stating
reasons that included traffic congestion, pedestrian safety, adverse environmental impacts, increased
groundwater levels, flooding, increased allowable height limits, the change in character from single
household to multi-household, the potential for five unit townhouses, location next to open space
and watercourse, and proposed density of the property; and
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WHEREAS, one public comment was received in support of the request citing the need for
housing that is more affordable; and
WHEREAS, one public comment was received that did not oppose the zone change; and
WHEREAS, the City of Bozeman Zoning Commission discussed the appropriate land use
and residential density for this location; and
WHEREAS, the City of Bozeman Zoning Commission discussed that it is more appropriate
for the property east of Keeton Street to be classified as R-2 (Residential Two Household, Medium
Density District) and the property west of Keeton Street to be classified as R-3 (Residential Medium
Density District), and that the R-2 zoning would mitigate some of the concerns about height and land
uses; and
WHEREAS, the applicant presented no objections to that change; and
WHEREAS, the City of Bozeman Zoning Commission on a vote of 3-0, moves to amend the
proposal for the property east of Keeton Street to be classified as R-2 (Residential Two Household,
Medium Density District) and the property west of Keeton Street to be classified as R-3 (Residential
Medium Density District); and
WHEREAS, the City of Bozeman Zoning Commission finds that a Zone Map Amendment to
R-2 (Residential Two Household, Medium Density District) and R-3 (Residential Medium Density
District) generally complies with the twelve criteria for consideration established in Title 76-2-304,
M.C.A.; 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 that Zoning Application #Z-
06205 to amend the City of Bozeman Zoning Map to change the classification as requested and
amended from R-1 (Residential Single-Household, Low Density District) to R-2 (Residential Two
Household, Medium Density District) for the property east of Keeton Street and to R-3 (Residential
Medium Density District) for the property west of Keeton Street; on ~ 14 acres located southeast of
South 11th Avenue and Opportunity Way, and more specifically described as a portion of NW1/4 of
the NE1/4 of Section 24, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, be
approved with the following contingencies:
1. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description and a map of the area to be re-zoned, which
will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman
Zoning Map.
2. The applicant shall submit a zone amendment map to the Planning Office, titled “Allison 2
Zone Map Amendment,” within 45 days of approval by the City Commission on: 1) a 24-
inch x 36-inch mylar; 2) an 8½-inch by 11- or 14-inch paper exhibit; and 3) a digital copy of
the area to be rezoned. Said map shall contain the metes and bounds legal description,
description of the boundaries of each specific zoning designation, total acreage of the
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property, acreage of each specific zoning designation, and adjoining rights-of-way and/or
street access easements, as certified by a licensed Montana surveyor and acceptable to the
Director of Public Service. A one-time extension of 45 days may be granted by the Planning
Director.
DATED THIS 20TH DAY OF MARCH, 2007, Resolution #Z-06205.
____________________________________ _____________________________________
Andrew C. Epple, Planning Director Nathan Minnick, Vice President
Planning & Community Development Dept. City of Bozeman Zoning Commission
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** MINUTES **
CITY OF BOZEMAN ZONING COMMISSION,
COMMUNITY ROOM, GALLATIN COUNTY COURTHOUSE
311 WEST MAIN STREET
TUESDAY, MARCH 6TH, 2007
7:00 P.M.
ITEM 1. CALL TO ORDER AND ATTENDANCE
Vice President Nathan Minnick called the meeting of the Bozeman Zoning Commission to order at
7:03PM and directed the secretary to record the attendance.
Members Present: Members Absent:
Nathan Minnick, Vice President JP Pomnichowski (excused)
Nicholas Lieb
Peter Harned
Warren Vaughan
Staff Present:
Andrew Epple, Director of Planning and Community Development
Lanette Windemaker, Contract Planner
Allyson Bristor, Associate Planner
Kimberly Kenney-Lyden, Recording Secretary
Sean Becker, Commission Liaison
Guests Present:
Kenneth R. MacDonald Eugene Graf Jim McKenna
Erin Graf Jerry Smania Mike Nornemann
Heidi Graf Steve Wagner CG Kress
Stephen Johnson Harley Huestis Noah Poritz
Jason Leep Tom Schmidt Rick Meis
Leonard J. Baluski Joyce Hynes Bart Manion
Larry Cloninger Dexter Wester
Carol Wester Matt Merrill
Colleen O’Quinn Susan Bolgiano
KC Cassidy Lowell Hirlermar
WW Locke Ross Taylor
Meagan Snodgrass Paul Brock
Shereen Brock Kathy Hayner
Donald McBride Chuck Paden
Diane Wheeler Martha Wheeler
Nicolas Grochowski Cheryl Ridgely
Brad Ebel Frank Munshower
Al Lien Carol Anderson
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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, Vice President Nathan Minnick closed this portion of the meeting.
ITEM 3. MINUTES OF FEBRUARY 21ST, 2007.
Seeing there were no corrections, additions, or changes, Nathan Minnick noted the minutes
will stand as written.
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application, #Z-06205 – (Allison Major Subdivision). A Zone Map
Amendment requested by the owners and applicant, Bon Ton Inc. of Billings, and
representative, Rocky Mountain Engineers, PLLC, requesting to amend the City of Bozeman
Zone Map to change the zoning classification on ~14 acres of land, currently zoned R-1
(Residential Single Household, Low Density) District to R-3 (Residential Medium Density)
District. The property is legally described as a portion of Section 24, T2S, R5E, P.M.M.,
Gallatin County, Montana and is located southeast of South 11th Avenue and Opportunity
Way. (Windemaker)
Mr. Minnick stated the Zoning Commission has received a letter requesting to postpone
this item to the next meeting on March 20th since most of the principles involved cannot
attend this meeting. He added that the Commission will accept public comment from those
in attendance that want to comment on this project, but are unable to attend March 20th.
He asked Planning Staff to give a brief report on this project prior to audience members
submitting public comment.
0:05:10 [19:03:11] Staff Report
Director of Planning, Andy Epple stated that three out of four principles are out of town
and realized that many audience members will be not be able to attend to the next meeting.
He affirmed that the Zoning Commission would like to accept public comment on this
matter in light of the hearing being opened and continued to March 20th.
0:07:20 [19:03:31] Questions and Public Comment
A female audience member noted to Mr. Epple that the Allison Subdivision Preliminary
Plat will also be on the agenda for the Planning Board on March 20th and asked if this will
be postponed since the board is deciding to move the ZMA portion of this project to March
20th. Mr. Epple responded that it is completely feasible to have both items on the agenda
and added that both applications, though different from each other, will be heard the night
of March 20th. He clarified that these projects are different applications for this project,
but
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both will be heard that night.
A male audience member asked why wasn't the public notified that this project was being
pushed back when they were in the Planning Department asking about and researching this
project. Mr. Epple replied the letter from Mr. Graf was received on February 20th, but the
Zoning Commission just found out about this request tonight. He stated the Planning
Department was not able to reschedule this project due to the fact it was already noticed in
the newspaper.
Another audience member stated that if the request to extend the public hearing was
received on February 20th, why the public was not notified of the change. Director Epple
replied there was a lack of communication. The gentleman asked the Zoning Commission
if it would relieve some of the pressure if some people were to give public comment
tonight instead of waiting until March 20th. Nathan Minnick stated this opportunity is an
extension for the members of the public who showed up tonight to give their public
comment on this application and are not able to give comment on March 20th.
Peter Harned noted that the received written public comment handed into the Planning
Department just today or yesterday has not been read yet and added that waiting until
March 20th would give the Zoning Commissioners enough time to review all these letters.
Nathan Minnick opened up the public comment portion of this meeting.
Rick Meis lives at 704 West Arnold. He stated it is the first house next to Morning Star
school. He added that he has learned a lot about how this zoning process works, and his
comments focus on the issues raised in chapter 18.70 of the UDO about amendments in
zoning. Mr. Meis noted the ZMA as proposed seems to work against what is being asked
for. This is not in keeping with the consideration with the character of the neighborhood.
He stated the existing development would be exacerbated by the density from the change
from R1 to R3. Half of the R3 is focused towards a local residential street and adds to the
traffic congestion and will lead toward safety issues. He closed by stating the buffer issue
stated in the staff report that using R3 from R1 is not a buffer. Mr. Meis would hope that
board denies this request and is looking forward to a different proposal from the applicant
that would meet the needs of the surrounding neighborhood.
Jim McKenna lives at 505 Arnold. He stated that overall, change is good. However when it
comes to zoning changes, change is bad. Mr. McKenna asked the board if R3 is better than
R1 when it comes to congestion and other criteria that is set and intended to make zoning
changes difficult. He closed by noting the issue is not about whether or not R3 is a good fit
for the area, the question is whether or not changing from R1 to R3 benefits the
neighborhood.
Paul Brock lives at 2803 Langohr. He stated that four years ago, he and his wife moved
from an R3 neighborhood on Rouse to this R1 Figgins Subbdivision. The reason for this is
because the area ended up having 10 college students with 10 cars right across the street
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from their residence and with young children, it was too dangerous. Mr. Brock noted that if
the board chooses to change it to R3, it is easier to spread the college housing and
encroach into the Figgins addition, making the neighborhood less diverse. He closed by
stating he is concerned with the safety of the children attending Morning Star school.
Joyce Hynes lives at 2900 Secor Avenue. She stated her concern is the additional density
in the area and the driving conditions on Arnold. It is already difficult getting in and out
during the day due to Morning Star school. Ms. Hynes noted that getting onto 3rd is
extremely difficult and unless there is some plan for handling that intersection at 3rd and
Arnold, it will become a grand mess.
Meagan Snodgrass lives at 2515 Westridge Drive. She stated that in this proposal
submitted by the developers, they say they will allow new development at a higher density
will reduce parking congestion on campus. We should not be looking at parking
congestion on campus as an issue that should be considered for a residential neighborhood.
Putting an R3 zoned area right behind where the R1 neighbors live is not a good use. Ms.
Snodgrass stated that it is a great overstatement by the developers to say that people will
walk or ride their bikes to work. She noted there are several people in the community that
drive to the campus and does not see them extending 11th. She closed by stating if the
developer is allowed to put tall condos there, it will negatively impact the surrounding
neighborhood.
Steve Wagner lives at 2818 Westridge Drive. He noted that people have actually moved to
this area because it is an R1 area. With this proposal to rezone that area, this will allow a
five unit complex and even though it is not planned for that, there is no guarantee there
will not be condos there. Mr. Wagner noted that traffic is already congested because of the
school traffic. Increasing traffic will not help add to the welfare of the community. He
closed by stating the current wetlands in the area will also add to the already existing water
problems.
Don McBride lives at 412 Cutting Street. He stated The property is currently zoned R1 and
should stay R1. It will be consistent with current development and not promote public
safety.
Carol Anderson lives at 411 Overbrook Drive, Unit #29. She stated she lives in the condos
in Overbrook and they have a very strong housing association which they very carefully
control what goes on in our neighborhood. Ms. Anderson is against changing the zoning
because she moved there because it is an R1 neighborhood, but could only afford a condo.
She closed by stating her home is her main value and feels this change will reduce the
property value.
Vice President, Nathan Minnick asked for further public comment and reminded that there
will be further opportunity to speak on March 20th when this project is continued.
0:27:45 [19:03:34] Motion
Mr. Minnick motioned to continue this item, Zone Map Amendment Application #Z-06205
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to March 20th. Seconded by Warren Vaughan. Those in favor being Nathan Minnick,
Warren Vaughan, Nicholas Lieb, and Peter Harned. All in favor, motion passed 4-0.
0:28:27 [19:45:17] Announcement from Staff
Director Andy Epple stated that there is an item on the Planning Board agenda for
Cornerstone Growth Policy Amendment. This application has been withdrawn by the
applicant and added that any audience members present wishing to give comment on that
project do not have to stay as this item will not be presented.
2. Zone Map Amendment Application, #Z-07013 – (Kagy Gardens II). A Zone Map
Amendment requested by the owners, Panache Properties, and applicant and
representative, Jerry Smania, requesting to amend the City of Bozeman Zone Map to
establish a municipal zoning designation of R-1 (Residential Single Household, Low
Density) District on approximately 2.68 acres of land generally located north of Kagy
Boulevard and west of South Church Avenue/ Sourdough Road. This proposal is
contingent upon the annexation of the property. This property is legally described as Tracts
48 and 49, Section 18, T2S, R5E, P.M.M., Gallatin County, Montana and more specifically
described as Plat recorded in Book 134 Deeds, Page 415 and Plat recorded in Book 146
Deeds, Page 198. (Bristor)
0:29:46 [19:05:04] Staff Report
Associate Planner, Allyson Bristor gave the staff report. She noted the 2.68 acres of
subject property received preliminary approval for annexation from the City Commission
in October 2006. At that time, the approved zoning was RS and the Planning Director has
approved an extension for the applicant to submit a new R1 zoning request to which a
maximum of five single household detached structures could be added to this property.
This density proposal better addresses the City Commissions concerns for this property as
originally stated in the minutes from the October 2006 meeting. It is located in the area of
the Bozeman Creek Neighborhood Plan which states only small nodes or pockets of
development are to occur here and this proposal meets those requirements.
She stated there were only two letters of public comment submitted after the staff report
was delivered. One letter was in favor of this proposal and the other in protest due to the
traffic concerns at the Kagy intersection. The Engineering Staff looked at this concern and
noted traffic is moving at an approvable level of service. The subject property is currently
vacant. Planner Bristor closed by noting that Staff recommends approval with the three
standard contingencies outlined on page six of the staff report.
0:34:03 [19:05:18] Questions for Staff
Nicholas Lieb asked for clarification of the original zoning request. Planner Bristor noted
the originally requested R2 zoning, but the City Commission approved it as RS.
Warren Vaughan stated the original proposal would allow eight units per acre at R3, he
questioned the planner by asking this R1 proposal will now equate to five units per acre.
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Ms. Bristor concurred. She also stated that the original application was denied because
Staff believes R1 better addresses the concerns of the surrounding neighborhood and is a
happy medium.
Mr. Vaughan asked is there has been any official comment from the Bozeman Creek
Neighborhood Association. Planner Bristor stated there is no association, but the applicant
is intending for five single family detached homes on this property.
0:36:04 [19:10:38] Applicant Presentation
Jerry Smania, the applicant for this project stated that when this project was originally
submitted three or four months ago, they were in the process of getting some wetlands
assessment done. Once the wetlands were factored in, the floodplain footprint and the
required set backs, and the right of way that is provided for the cul-de-sac for this property,
75% of this property cannot be used. Mr. Smania noted that after this assessment, only five
small houses could be built. He noted he thinks it's an appropriate use of this land.
0:37:53 [19:28:29] Questions for applicant.
Nicholas Lieb asked if the building site would be closer to Church Avenue. Director Epple
noted that at the back of the staff report, is the likely layout of the subdivision. Mr. Smania
added he must conform to the setbacks and requirements from the wetlands regulations.
0:39:22 [19:30:05] Public Comment
Frank Munshower lives at 1407 South Bozeman. He is the executive chairman of the
executive committee of Bozeman Creek Neighborhood Association. Mr. Munshower noted
that this parcel of land is slated for development in the plan. He is not making a proposal
for or against this proposal.
Bill Locke lives at and is the joint tenant at 2119 Sourdough Road. He stated he
immediately east of the subject property and would prefer to see a starter castle on the
property to increase his property value. However, given the City's stated preference for
densification, moving towards half an acre is appropriate.
Matt Merrill lives at 2111 Sourdough Road. He agrees with amending the zone map as
presented by the applicant. Mr. Merrill stated the properties zoned RS adjacent to this
location are compatible with the R1 proposed property. The access into this area from
westbound Kagy Boulevard is reasonable with an R1 occupancy. The egress is limited by
the one way flow of traffic along the east and west lanes of Kagy. Mr. Merrill stated the
blockage of the wetlands has resulted in mosquito ponds at the end of the kagy property
and would be nice if the blockage was removed and the flow of water could be re-
established.
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0:44:27 [19:30:13] Discussion
Nathan Minnick stated that when the Zoning Commission saw this application back in
September 2006. He stated that this R1 zoning request is consistent with the criteria and is
more appropriate than the original proposal back in September. He closed by stating R1 is
even less restrictive than R2 or R3 and feels this is a better option for the surrounding area.
Warren Vaughan stated it meets the 12 criteria and complies with the Bozeman Creek
Neighborhood Plan because this section of property is slated for development. He closed
by noting it is next to a principle arterial and will be in support of this application.
Nicholas Lieb agreed and stated that R1 zoning is the right designation since most of the
property is not usable because of the wetlands and will be in support of this proposal.
Peter Harned stated that the first time the applicant proposed this, he was hesitant to
recommend approval because the density was higher and traffic would have been a major
issue. He closed by noting the City Staff has done good research on a better designation for
this property and would agree it is a good plan.
0:46:49 [19:34:59] Motion and Vote
Zoning Commissioner Warren Vaughan moved to recommend approval of Zone Map
Amendment Application #Z-07013, seconded by Nicholas Lieb. All in favor, motion
passed 4-0.
Nathan Minnick will pass on the Zoning Commission's recommendation of approval with
the standard contingencies to the City Commission. This will go before the Commissioners
on March 19th, 2007.
ITEM 5. NEW BUSINESS
Seeing there was no new business before the board, Mr. Minnick closed this portion of the
meeting.
ITEM 6. ADJOURNMENT
The meeting of the Bozeman Zoning Commission was adjourned at 7:48PM.
________________________________ ___________________________________
Nathan Minnick, Vice President Andrew C. Epple, Director of Planning &
Zoning Commission, City of Bozeman Community Development, City of Bozeman
*City of Bozeman Planning Board meetings are open to all members of the public. If you have a special need or disability, please
contact our ADA Coordinator, Ron Brey, at 582-2306 (voice) or 582-2301 (TDD).
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