HomeMy WebLinkAbout4-02-07-5_456-488_Warnick-Baxter Zone Map Amendment #Z-07010
Report compiled on March 27, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jody Sanford, Senior Planner
SUBJECT: Warnick-Baxter Zone Map Amendment, #Z-07010
MEETING DATE: Monday, April 2, 2007
PUBLIC HEARING
RECOMMENDATION: The City Commission approves the zone map amendment application,
as proposed, with the four recommended zone map amendment contingencies listed in Zoning
Commission Resolution #Z-07010.
BACKGROUND: The applicant is proposing to amend the City of Bozeman Zone Map to
establish an initial municipal zoning designation of R-3 (Residential Medium Density District) for
2.29 acres of land located on Baxter Lane. This application is being concurrently reviewed with an
annexation request (#A-07002). At their March 6, 2007 public hearing the City of Bozeman Zoning
Commission voted 3 in favor and 0 against to recommend approval of this application as proposed.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from annexation of the property, and costs from additional service demand.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Jody Sanford at jsanford@bozeman.net if you have any
questions.
APPROVED BY:
Andrew C. Epple, Planning Director
Chris Kukulski, City Manager
ATTACHMENTS:
Staff Report
Zoning district table
Aerial photo
Zoning Commission Resolution #Z-07010
March 6, 2007 Zoning Commission Minutes
Applicant’s submittal
761
WARNICK-BAXTER ZONE MAP AMENDMENT
ZONING COMMISSION AND CITY COMMISSION STAFF REPORT FILE NO. Z-07010
Warnick-Baxter Zone Map Amendment Staff Report, #Z-07010 1
Item: Zone Map Amendment Application #Z-07010 requesting to amend the City
of Bozeman Zone Map to establish an initial municipal zoning designation
of R-3 (Residential Medium Density District) for 2.29 acres located along
Baxter Lane.
Owner: Mark Warnick
1502 Blue Heron Drive
Sarasota, FL 34239
Applicant: Mark Warnick
1502 Blue Heron Drive
Sarasota, FL 34239
Representative: Intrinsik Architecture
111 North Tracy Avenue
Bozeman, MT 59715
Date/Time: Before the Bozeman Zoning Commission on Tuesday, March 20, 2007 at
7:00 p.m. and before the Bozeman City Commission on Monday, April 2,
2007 at 6:00 p.m. Both in the Community Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, Montana.
Report By: Jody Sanford, Senior Planner
Recommendation: Approval
PROJECT LOCATION & MAP
The subject property is located on the north side of Baxter Lane, and is legally described as a tract of land
being previously described on a deed recorded in Book 148, Page 206 of Gallatin County Records, and the
adjacent 60-foot wide County road easement for Baxter Lane, located in the SW¼ of Section 34,
Township 1 South, Range 5 East, PMM, Gallatin County, Montana. The property falls within the Gallatin
County Bozeman Area Zoning District, and has a county zoning designation of A-S (Agricultural
Suburban District).
Please refer to the aerial photograph provided at the end of the staff report and to the following vicinity
map.
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Warnick-Baxter Zone Map Amendment Staff Report, #Z-07010 2
PROPOSAL AND BACKGROUND INFORMATION
The property owner and applicant, Mark Warnick, is proposing to annex the 2.29-acre subject property to
the corporate limits of the City of Bozeman and to establish an initial municipal zoning designation of R-3
(Residential Medium Density District). The purpose of the annexation and zone map amendment request
is to extend municipal water and sanitary sewer infrastructure to the property and obtain 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 is currently used for residential and pasture uses, and contains a residence and
some outbuildings.
ZONING DESIGNATION & LAND USES
As previously noted, the subject property currently has a county zoning designation of A-S (Agricultural
Suburban District), but the applicants are proposing a Zone Map Amendment to establish an initial
municipal zoning designation of R-3 (Residential Medium Density District).
The intent of the R-3 (Residential Medium Density) district is to provide for the development of
one- to five-household residential structures near service facilities within the City. It should
provide for a variety of housing types to serve the varied needs of households of different size, age
and character, while reducing the adverse effect of nonresidential uses.
The following land uses and zoning are adjacent to the subject property:
North: Baxter Meadows development; annexed and zoned R-1 (Residential Single-Household, Low
Density District)
South: Agricultural uses; unannexed and zoned County A-S (Agricultural Suburban District)
East: Baxter Meadows development; annexed and zoned R-1 (Residential Single-Household, Low
Density District)
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Warnick-Baxter Zone Map Amendment Staff Report, #Z-07010 3
West: Large lot residential uses; unannexed and zoned County A-S (Agricultural Suburban District)
GROWTH POLICY DESIGNATION
The subject property and all of the surrounding property currently have a land use designation of
Residential. This designation is described as follows:
Residential. This category designates places where the primary activity is urban density living
quarters. Other uses which complement residences are also acceptable such as parks, low intensity
home based occupations, fire stations, churches, and schools. The residential designation also
indicates that it is expected that development will occur within municipal boundaries which may
require annexation prior to development. The dwelling unit density expected within this
classification varies. It is expected that areas of higher density housing would be likely to be
located in proximity to commercial centers to facilitate the broadest range of feasible
transportation options for the greatest number of individuals and support businesses within
commercial centers. Low density areas should have an average minimum density of six units per
net acre. Medium density areas should have an average minimum density of twelve units per net
acre. High density areas should have an average minimum density of eighteen units per net acre. A
variety of housing types should be blended to achieve the desired density with large areas of single
type housing being discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower density
than normally expected within this classification.
All residential housing should be arranged with consideration given to the existing character of
adjacent development, any natural constraints such as steep slopes, and in a fashion which
advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is
intended to provide the principal locations for additional housing within the Planning Area.
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 currently designated as Residential according to the Bozeman
2020 Community Plan’s Future Land Use Map, and the proposed R-3 zoning designation would be
in accordance with the adopted growth policy land use designation. Subdivision or site plan design
will be evaluated for compliance with the growth policy during the development review process.
The R-3 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.
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Warnick-Baxter Zone Map Amendment Staff Report, #Z-07010 4
• 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.
• 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.
An R-3 zoning designation would allow for a good blend of housing types, density, and
character.
Staff finds that an R-3 zoning designation would provide a desirable mix of housing types, density
and character while being compatible with existing and planned development in the vicinity.
B. Lessening of congestion in the streets
This site would be serviced by Baxter Lane which is designated as a Minor Arterial in the Greater
Bozeman Area Transportation Plan 2001 Update. Local internal subdivision streets would service
individual lots if and when a subdivision is created. A small increase in traffic will occur when
additional lots and residences are developed on the subject property. 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 may be required upon further
development, and the Development Review Committee 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 the proposed zoning designation, 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 regardless of the zoning designation applied.
E. Provision of adequate light and air
The regulatory standards set forth in the UDO for the proposed zoning district will provide the
necessary provisions (i.e., yard setbacks, lot coverage, open space and building heights) to ensure
adequate light and air for any additional development on the subject property.
F. Prevention of the overcrowding of land
The UDO limits the number of people living in a household to a maximum of four unrelated
people (see definition of “household” in Section 18.80.1390). Minimum yard setbacks, height
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Warnick-Baxter Zone Map Amendment Staff Report, #Z-07010 5
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 the 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). The subject property is also 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 may 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. The subject
property is in proximity to the new middle school site. 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.
The size, shape and location of the subject property are suitable for the uses and requirements of
the R-3 zoning district.
J. Conserving the value of buildings
The proposed zoning district 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
redevelopment of the property.
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 and rural
unannexed land. The land use pattern of the annexed land is being established by the Baxter
Meadows development which has a mix of zoning designations, including: R-S, R-1, R-3 and B-2.
The properties to the north, south and east are currently vacant. However, if and when the subject
property is redeveloped, consideration will need to be given to the character of the neighboring
uses.
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Warnick-Baxter Zone Map Amendment Staff Report, #Z-07010 6
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 "Warnick-Baxter 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 Zone Map Amendment exhibit, and legal metes and bounds descriptions, shall include the full
width of the existing County road easement for the Baxter Lane right-of-way.
3. 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.
4. 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
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, April 2, 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
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Warnick-Baxter Zone Map Amendment Staff Report, #Z-07010 7
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
Mark Warnick, 1502 Blue Heron Drive, Sarasota, FL 34239
Intrinsik Architecture, 111 North Tracy Avenue, Bozeman, MT 59715
ATTACHMENTS
Zoning District summary table
Aerial photograph
Applicant’s submittal materials
768
CITY OF BOZEMAN – RESIDENTIAL AND PUBLIC LANDS/INSTITUTIONS ZONING DISTRICTS (CHAPTERS 18.16, 18.22 AND 18.24, BOZEMAN UNIFIED DEVELOPMENT ORDINANCE) Principal Uses Conditional Uses Accessory Uses Lot Coverage/Floor Area Lot Area Lot Width Yards Building Height R-S (Residential Suburban District) Agricultural uses on 2.5 acres or more; community centers; family daycare home; group daycare home; public and private parks; manufactured homes on permanent foundations; single-household dwellings Accessory dwelling units; agricultural uses on 2.5 acres or less; bed and breakfast; commercial stable; community residential facilities; cooperative housing, daycare centers; golf courses; home-based business; recreational vehicle parks; veterinary uses; PUDs Fences; greenhouses; guesthouses; home-based businesses; private garages; private or jointly owned community center or recreational facilities; private stormwater control facilities; private vehicle and boat storage; signs; temporary construction buildings or yards; temporary sales and office buildings; tool sheds For existing lots, not more than 25 percent; Determined through the PUD procedure for newly created lots For existing lots without community water and/or sewer, 1 acre; For existing lots with community water and/or sewer, ½ acre; Determined through the PUD procedure for newly created lots For existing lots, 100 feet; Determined through the PUD procedure for newly created lots For existing lots, 35 foot front, 25 foot rear, 25 foot side; Determined through the PUD procedure for newly created lots 24 feet roof pitch <3:12; 30 feet roof pitch 3:12 or greater but <6:12; 34 feet roof pitch 6:12 or greater but <9:12; 38 feet roof pitch 9:12 or greater R-1 (Residential Single-Household, Low Density District) Community centers; family daycare home; group daycare home; public and private parks; manufactured homes on permanent foundations; single-household dwellings Accessory dwelling units; community residential facilities; cooperative housing; daycare centers; golf courses; home-based businesses; PUDs Fences; greenhouses; guesthouses; home-based businesses; private garages; private or jointly owned community center or recreational facilities; private stormwater control facilities; private vehicle and boat storage; signs; temporary construction buildings or yards; temporary sales and office buildings; tool sheds Not more than 40 percent 5,000 for single-household; 1,000 additional for ADUs 50 feet Front, 25 feet adjacent to arterials, 20 feet adjacent to collectors, 15 feet adjacent to locals; Rear, 20 feet; Side, 5 feet; Garage, 20 feet 24 feet roof pitch <3:12; 28 feet roof pitch 3:12 or greater but <6:12; 32 feet roof pitch 6:12 or greater but <9:12; 36 feet roof pitch 9:12 or greater R-2 (Residential Two-Household, Medium Density District) Accessory dwelling units; community centers; family daycare home; group daycare home; public and private parks; manufactured homes on permanent foundations; single-household dwellings; two-household dwellings Bed and breakfast; community residential facilities; cooperative housing; daycare centers; golf courses; home-based businesses; PUDs Fences; greenhouses; guesthouses; home-based businesses; private garages; private or jointly owned community center or recreational facilities; private stormwater control facilities; private vehicle and boat storage; signs; temporary construction buildings or yards; temporary sales and office buildings; tool sheds Not more than 40 percent 5,000 for single-household; 6,000 for two-household; 1,000 additional for ADUs 50 feet for single-household; 60 feet for two-household and ADUs Front, 25 feet adjacent to arterials, 20 feet adjacent to collectors, 15 feet adjacent to locals; Rear, 20 feet; Side, 5 feet; Garage, 20 feet 24 feet roof pitch <3:12; 28 feet roof pitch 3:12 or greater but <6:12; 32 feet roof pitch 6:12 or greater but <9:12; 36 feet roof pitch 9:12 or greater R-3 (Residential Medium Density District) Accessory dwelling units; community centers; community residential facilities; cooperative housing; daycare centers; family daycare home; group daycare home; public and private parks; manufactured homes on permanent foundations; single-household dwellings; two-household dwellings; three- or four-household dwellings; townhouses (five attached units or less) Assisted living facilities; bed and breakfast; fraternity/sorority houses; home-based businesses; lodging houses; PUDs Fences; greenhouses; guesthouses; home-based businesses; private garages; private or jointly owned community center or recreational facilities; private stormwater control facilities; private vehicle and boat storage; signs; temporary construction buildings or yards; temporary sales and office buildings; tool sheds Not more than 40 percent 5,000 for single-household; 6,000 for two-household; 3,000 per unit for three- or four-household and townhouses; 1,000 additional for ADUs 50 feet for single-household; 60 feet for two- to four-household and ADUs; Width of interior units for townhouses Front, 25 feet adjacent to arterials, 20 feet adjacent to collectors, 15 feet adjacent to locals; Rear, 20 feet; Side, 5 feet; Garage, 20 feet 32 feet roof pitch <3:12; 38 feet roof pitch 3:12 or greater but <6:12; 40 feet roof pitch 6:12 or greater but <9:12; 42 feet roof pitch 9:12 or greater R-4 (Residential High Density District) Accessory dwelling units; apartments; bed and breakfast; community centers; community residential facilities; cooperative housing; daycare centers; extended stay lodgings; family daycare home; fraternity and sorority houses; group daycare home; lodging houses; public and private parks; manufactured homes on permanent foundations; single-household dwellings; two-household dwellings; three- or four-household dwellings; townhouses (5 attached units of less); townhouses (more than 5 attached units) Assisted living/elderly care facilities; home based businesses; medical offices, clinics and centers; offices in conjunction with dwellings; PUDs Fences; greenhouses; guesthouses; home-based businesses; private garages; private or jointly owned community center or recreational facilities; private stormwater control facilities; private vehicle and boat storage; signs; temporary construction buildings or yards; temporary sales and office buildings; tool sheds Not more than 50 percent 5,000 for single-household; 6,000 for two-household; 3,000 per unit for three- or four-household and townhouses; 5,000 for apartments – first dwellings; 600 for apartments – each dwelling after first; 1,000 additional for ADUs 50 feet for single- or two-household; 60 feet for three- to four-household and ADUs; Width of interior units for townhouses Front, 25 feet adjacent to arterials, 20 feet adjacent to collectors, 15 feet adjacent to locals; Rear, 20 feet; Side, 5 feet; Garage, 20 feet 34 feet roof pitch <3:12; 38 feet roof pitch 3:12 or greater but <6:12; 42 feet roof pitch 6:12 or greater but <9:12; 44 feet roof pitch 9:12 or greater R-O (Residential Office District) Accessory dwelling units; apartments; assisted living/elderly care facilities; bed and breakfast; community centers; community residential facilities; cooperative housing; daycare centers; extended stay lodgings; family daycare home; fraternity and sorority houses; group daycare home; lodging houses; offices; public and private parks; manufactured homes on permanent foundations; medical offices, clinics and centers; single-household dwellings; two-household dwellings; three- or four-household dwellings; townhouses (5 attached units of less); townhouses (more than 5 attached units) Home-based businesses; PUDs Fences; greenhouses; guesthouses; home-based businesses; private garages; private or jointly owned community center or recreational facilities; private stormwater control facilities; private vehicle and boat storage; signs; temporary construction buildings or yards; temporary sales and office buildings; tool sheds Not more than 40 percent for residential; Not more than 60 percent for nonresidential or mixed use 5,000 for single-household; 6,000 for two-household; 3,000 per unit for three- or four-household and townhouses; 5,000 for apartments – first dwellings; 600 for apartments – each dwelling after first; 1,000 additional for ADUs 50 feet for single- or two-household; 60 feet for three- to four-household and ADUs; Width of interior units for townhouses Front, 25 feet adjacent to arterials, 20 feet adjacent to collectors, 15 feet adjacent to locals; Rear, 20 feet; Side, 5 feet; Garage, 20 feet 34 feet roof pitch <3:12; 38 feet roof pitch 3:12 or greater but <6:12; 42 feet roof pitch 6:12 or greater but <9:12; 44 feet roof pitch 9:12 or greater RMH (Residential Manufactured Home Community District) Community centers; family daycare home; group daycare home; public and private parks; manufactured homes on permanent foundations; manufactured home communities; recreational vehicle parks; single-household dwellings Community residential facilities; cooperative housing; daycare centers; golf courses; home-based businesses; private vehicle and boat storage for more than 3 recreational vehicles or boats; PUDs Fences; home-based businesses; private garages; private or jointly owned community center or recreational facilities; private stormwater control facilities; private vehicle and boat storage; signs; temporary construction buildings or yards; temporary sales and office buildings; tool sheds Not more than 40 percent 5,000 square feet 50 feet Front, 25 feet adjacent to arterials, 20 feet adjacent to collectors, 15 feet adjacent to locals; Rear, 20 feet; Side, 5 feet; Garage, 20 feet 24 feet roof pitch <3:12; 28 feet roof pitch 3:12 or greater but <6:12; 32 feet roof pitch 6:12 or greater but <9:12; 36 feet roof pitch 9:12 or greater NEHMU (Northeast Historic Mixed Use District) Those uses allowed in the R-2 and M-1 districts Those conditional uses allowed in the R-2 and M-1 districts, except adult businesses, casinos and large-scale retail, PUDs Those accessory uses allowed in the R-2 and M-1 districts Not more than 40 percent for residential uses; Entire lot for nonresidential uses 5,000 square feet; 5,000 per single-household; 3,000 per attached dwelling 50 feet Front, 20 feet; Rear and side, 3 feet; Rear or side adjacent to alley, 5 feet 45 feet PLI (Public Lands and Institutions) Ambulance service; cemeteries; museums, zoos, historic and cultural facilities and exhibits; public buildings; public and nonprofit, quasi-public institutions; publicly owned land use for parks, etc. Daycare centers; solid waste landfill and transfer facilities Other buildings and structures typically accessory to permitted uses Entire lot, exclusive of required yards and parking, may be occupied by buildings No requirement No requirement No yard requirement except where lot is adjacent to another district; the yards then shall be the same as the adjacent district No requirement 769
CITY OF BOZEMAN – COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS (CHAPTERS 18.18 AND 18.20, BOZEMAN UNIFIED DEVELOPMENT ORDINANCE) Principal Uses Conditional Uses Accessory Uses Lot Coverage/Floor Area Lot Area Lot Width Yards Building Height B-1 (Neighborhood Business District) Apartments; arts and entertainment center; automobile parking lot or garage; banks and other financial institutions; convenience use restaurant; daycare centers; health and exercise facilities, on second or subsequent floors; medical and dental clinics, on second or subsequent floors; offices, on second or subsequent floors; parking facilities; personal and convenience services; pet grooming shop; public buildings; restaurants; retail uses (excluding adult businesses) Automobile fuel sales or repair; automobile washing establishments; community centers; convenience uses; health and exercise establishments; medical and dental clinics; offices; sales of alcohol for on-premise consumption; PUDs Refuse and recycling containers Entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings; The footprint of individual buildings cannot exceed 5,000 square feet 5,000 square feet 50 feet Structures: Front, 7 feet adjacent to collectors and locals, 25 feet adjacent to arterials; Rear, 10 feet; Side, 5 feet Parking and loading areas: Front, 25 feet; Rear, 10 feet; Side, 8 feet 34 feet roof pitch <3:12; 38 feet roof pitch 3:12 or greater B-2 (Community Business District) Ambulance service; apartments on second or subsequent floors; arts and entertainment centers; automobile parking lot or garage; automobile washing; banks and other financial institutions; community centers; convenience uses; convenience use restaurant; daycare centers; extended-stay lodgings; frozen food storage and locker rental; health and exercise establishments; hospitals; hotel or motel; laboratories; medial and dental clinics; meeting hall; offices; parking facilities; personal and convenience uses; pet grooming; private club, fraternity, sorority or lodge; public buildings; restaurants; retail uses (excluding adult businesses); large-scale retail; sign paint shops; upholstery shops; wholesale establishments (with samples, no stock on premises) Apartments on first floor; assisted living/elderly care facilities; automobile fuel sales or repair; business, technical or vocational schools; bus terminals; food processing facilities; laundry and dry-cleaning; light goods repair; lodging houses; manufacturing (light and completely indoors); mortuary; museum; sales of alcohol for on-premise consumption; veterinary clinic; wholesale with on-premise retail outlets; PUDs Refuse and recycling containers Entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings No minimum size 100 feet Structures: Front, 7 feet adjacent to collectors and locals, 25 feet adjacent to arterials; Rear, 10 feet; Side, 5 feet Parking and loading areas: Front, 25 feet; Rear, 10 feet; Side, 8 feet 38 feet roof pitch <3:12; 44 feet roof pitch 3:12 or greater Roof pitch may be increased by a maximum of 50 percent when implementing a Regional Commercial and Services growth policy designation The maximum height otherwise allowed may be increased by 30 percent through a CUP B-3 (Central Business District) Ambulance service; apartments1; arts and entertainment centers; automobile parking lot or garage; banks and other financial institutions; business, technical or vocation schools1; community centers; convenience use restaurant; daycare centers; health and exercise establishments; hotel or motel; laboratories1; medial and dental clinics1; meeting hall; offices1; parking facilities1; personal and convenience uses; pet grooming; private club, fraternity, sorority or lodge; public buildings; restaurants; retail uses (excluding adult businesses); upholstery shops1; wholesale establishments (with samples, no stock on premises) Automobile fuel sales or repair; automobile washing; bus terminals; convenience uses; hospital; laundry and dry-cleaning; lodging houses1; mortuary; museum; offices (on the ground floor in core area); printing offices and publishing establishments; sales of alcohol for on-premise consumption; sign paint shop; PUDs Refuse and recycling containers Entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings No minimum size No minimum width No minimum yards, except a 7-foot front yard setback on Babcock and Mendenhall Streets Where at least 50 percent of a block (from cross-street to cross-street) in the B-3 district is used for residential purposes, a minimum 15-foot front or corner side yard shall be required from the street(s) on which the residential use fronts 55 feet in the core area; 70 feet outside of the core area M-1 (Light Manufacturing District) Adult business; ambulance service; amusement and recreational facilities; automobile, boat or recreational vehicle sales, service and/or rental; automobile fuel sale or repair; automobile parking lot or garage; automobile washing; banks and other financial institutions; community center; food processing facilities; health and exercise establishments; hotel or motel; laboratories; light goods repair; light manufacturing (completely enclosed within a building); medical clinics; offices; outside storage; public buildings; restaurant (if part of a food processing facility); truck, bus and rail terminal facilities; technology research establishments; trade schools; veterinary clinics; warehousing; mini warehouse Animal shelters; daycare center; personal and convenience services; restaurants serving alcoholic beverages3; retail establishments; truck repair, washing and fueling facilities; PUDs Automobile parking lot or garage; daycare center (if offering services within the same building or buildings); fences; outside storage (accessory and screened); personal services for personnel employed in the principal use; retail sales produced or warehoused on site (not more than 20 percent of gross floor area or 10,000 square feet); accessory residential use2; refuse and recycling containers; signs; temporary construction buildings and yards Entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings 7,500 square feet 75 feet Structures: Front, 20 feet; Rear, 3 feet; Side, 3 feet Parking and loading areas: Front, 20 feet; Rear, 0 feet; Side, 0 feet 45 feet M-2 (Manufacturing and Industrial District) Adult business; ambulance service; automobile, boat or recreational vehicle sales, service and/or rental; automobile fuel sale or repair; automobile parking lot or garage; automobile washing; food processing facilities; health and exercise establishments; hotel or motel; laboratories; light goods repair; light manufacturing; manufacturing and industrial uses; medical clinics; offices; outside storage; public buildings; restaurant (if part of a food processing facility); truck, bus and rail terminal facilities; truck repair, washing and fueling; technology research establishments; trade schools; veterinary clinics; warehousing; mini warehouse Amusement and recreational facilities; animal shelters; banks and other financial institutions; community center; daycare center; junk salvage or automobile reduction/salvage yards; personal and convenience services; production manufacturing and generation facilities (electric and gas); restaurants serving alcoholic beverages3; retail establishments; solid waste transfer station; PUDs Automobile parking lot or garage; daycare center (if offering services within the same building or buildings); fences; outside storage (accessory and screened); personal services for personnel employed in the principal use; retail sales produced or warehoused on site (not more than 20 percent of gross floor area or 10,000 square feet); accessory residential use2; refuse and recycling containers; signs; temporary construction buildings and yards Entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings No minimum 100 feet Structures: Front, 20 feet; Rear, 3 feet; Side, 3 feet Parking and loading areas: Front, 20 feet; Rear, 0 feet; Side, 0 feet 45 feet B-P (Business Park District) Automobile parking lot or garage; hospitals; laboratories; light manufacturing (completely enclosed in a building); medical clinics; professional and business offices; public buildings; technology research establishments; veterinary clinics Banks and other financial institutions; daycare center; health and exercise establishments; PUDs Automobile parking lot or garage; daycare center (if offering services within the same building); fences; outside storage (accessory and screened); personal services for personnel employed in the principal use; retail sales produced or warehoused on site (not more than 20 percent of gross floor area or 10,000 square feet); refuse and recycling containers; signs; temporary construction buildings and yards Not more than 60 percent coverage by impervious surfaces; The remaining 40 percent shall be landscaped 1 acre 150 feet Front, 25 feet*; Rear, 20 feet*; Side, 15 feet* *See additional requirements in Section 18.20.050.B.4, UDO 38 feet roof pitch <3:12; 44 feet roof pitch 3:12 or greater Roof pitch may be increased by a maximum of 50 percent when implementing a Regional Commercial and Services growth policy designation The maximum height otherwise allowed may be increased by 30 percent through a CUP 1Except on ground floor in the core area as defined in the Unified Development Ordinance. 2Accessory means less than 50 percent of gross floor area of a building, and being generally located on the second or subsequent floor. 3Limited to state beer and wine licenses issues since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility. Note: This is a highly condensed summary of the authorized uses and zoning requirements contained in the Unified Development Ordinance. Please refer to the Unified Development Ordinance for details regarding zoning provisions. 770
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Warnick-Baxter ZMA
1
RESOLUTION #Z-07010
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 MUNCIPAL ZONING
DESIGNATION OF R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT) FOR 2.29
ACRES CONTINGENT UPON ANNEXATION OF SAID PROPERTY WHICH IS
DESCRIBED AS A TRACT OF LAND BEING PREVIOUSLY DESCRIBED ON A
DEED RECORDED IN BOOK 148, PAGE 206 OF GALLATIN COUNTY RECORDS,
AND THE ADJACENT 60-FOOT WIDE COUNTY ROAD EASEMENT FOR BAXTER
LANE, LOCATED IN THE SW¼ OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5
EAST, PMM, GALLATIN 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, Mark Warnick 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 municipal zoning designation of R-3 (Residential Medium Density District) for
2.29 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 March 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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Warnick-Baxter ZMA
2
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-07010 to amend the Bozeman zoning map to establish an initial municipal zoning
designation of R-3 (Residential Medium Density District for 2.29 acres contingent upon annexation
of said property which is described as a tract of land being previously described on a deed recorded
in Book 148, Page 206 of Gallatin County Records, and the adjacent 60-foot wide County road
easement for Baxter Lane, located in the SW¼ of Section 34, Township 1 South, Range 5 East,
PMM, Gallatin County, Montana, subject to the following contingencies:
1. The applicant shall submit a 24" x 36" mylar zone map titled "Warnick-Baxter 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 Zone Map Amendment exhibit, and legal metes and bounds descriptions, shall include
the full width of the existing County road easement for the Baxter Lane right-of-way.
3. 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.
4. 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-07010
_____________________________ ____________________________
Andrew Epple, Planning Director Nathan Minnick, Vice President
Dept. of Planning & Community Development City of Bozeman Zoning Commission
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zoning map amendment
WARNICK BAXTER PROPERTY
january 2007
applicant: mark warnick
project team:
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780
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Warnick Baxter Property
Zone Map Amendment
4555 Baxter Lane - Bozeman
January 2007
Zone Map Amendment Responses
1. Is the new zoning designed in accordance with the comprehensive plan?
Yes, the R3 zoning designation is in accordance with the “Residential” land use
designation of the Future Land Use Map in the Bozeman 2020 Community Plan.
Any future development will further meet goals and objectives of the growth
policy.
2. Is the new zoning designed to lessen congestion in the streets?
Yes, the new residential zoning will be concentrated near the northwest corner of
East Baxter Lane and Harper-Puckett Road (both designated as minor arterial
streets). Increased traffic will certainly occur when additional lots and/or
residences are created; however, as part of the terms of annexation, easements
and waivers are usually required to help deal with increased use and to allow for
potential road improvements. Also, the pedestrian friendly nature and
interconnectivity of a future site plan or subdivision with streets, sidewalks, parks
and trail systems will contribute the overall community network and help calm
traffic and lessen congestion in the streets.
3. Will the new zoning promote health and general welfare?
Yes, the new zoning will promote health and general welfare by allowing a variety
of uses ranging from one to five-household residential structures, with parks,
open space and trails. The subject property is in the process of requesting
annexation to the City of Bozeman. Municipal infrastructure extensions (i.e., water
and sanitary sewer) and public services (i.e., police and fire protection) will 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 overall standards of development and
accompanying development review processes and/or building permit applications
will adequately address the issues of health and general welfare for any zoning
designation including the requested designation of R3.
4. Will the new zoning secure safety from fire, panic and other dangers?
Yes, the regulatory provisions established in all of the residential zoning
designations (including R3), 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 or development on the
subject property would be required to meet the minimum zoning requirements for
setbacks, lot coverage, height limitations, and lot sizes. New city water and sewer
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services will be installed as part of the improvements proposed. Although no
specific site plans have been developed, future development will go through
some form of additional plan review and all new structures would be required to
obtain permits and be built according to the current building codes and
development standards.
5. Will the new zoning provide adequate light and air?
Yes, the new R3 zoning 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 future development. The new zoning designation will
allow for interspersed open space and vistas to the natural surrounding features,
also contributing to adequate light and air in the neighborhood.
6. Will the new zoning prevent the overcrowding of land?
Yes, the Unified Development Ordinance 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). Requirements of the R3 District for minimum yard
setbacks, height requirements, maximum lot coverage, and required parking are
also limiting factors that help prevent the overcrowding of land.
7. Will the new zoning avoid the undue concentration of population?
Yes, the R3 zoning designation will provide for a range of unit sizes and types
while still setting limits on development and number of units per acre. As stated
above, occupancy of the units will be limited to the City requirements for a
“household” which is essentially no more than four unrelated persons per unit.
Adequate parking and open space will also be provided in accordance with the
Unified Development Ordinance and compliance with the International Building
Code will require adequately sized dwelling units to avoid 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?
Yes, the new zoning will facilitate adequate transportation (streets, sidewalks,
trails, bikeways, etc.) that will connect to Baxter Lane. The new zoning will allow
for the property to be connected to city water and sewer services as it is adjacent
to existing facilities, infrastructure and municipal services. The new Chief Joseph
Middle School is being planned for Baxter Meadows. Significant parks and open
space are also being planned for the area and any future development on the
subject property will be compatible with and relate to the surrounding land uses.
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9. Does the new zoning give consideration to the peculiar suitability of the
property for particular uses?
Yes, the property’s location at the edge of the city limits, in proximity to a potential
school site, adjacent to a minor arterial street and to approved planned
residential development make it desirable for medium density residential
development. Also, the property is generally flat and suitable for development.
10. Does the new zoning give reasonable consideration to the character of the
district?
Yes, the new zoning will be a continuation of the residential development
established by neighboring Baxter Meadows, and allow for a successful mix of
housing options in the area as promoted by the 2020 Plan, 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.”
11. Was the new zoning adopted with a view to conserving the value of
buildings?
Yes, although different from the zoning that is directly adjacent to the property,
the new zoning designation and any future development can be complimentary
and sensitive to the existing surrounding properties and buildings to help
maintain or increase property values within the neighborhood.
12. Will the new zoning encourage the most appropriate use of land
throughout such county or municipal area?
Yes, the new zoning is appropriate for the neighborhood and the city, is a logical
continuation and implementation of the growth policy and will allow additional
housing options to an expanding area of the community. The extension of
residential lands and open space in this location will encourage a dynamic,
pedestrian-friendly residential project, as well as allow for a suitable response to
the minor arterial frontage conditions.
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EXHIBIT “A”ZONING & LOCAL LAND USEANNEXATION & ZONING MAP AMENDMENTWARNICK BAXTER PROPERTYNOTES:
The Bozeman 2020 Future Land Use Map designates the property as “Resi-
dential” development.
For reference purposes only; drawing is not to scale.
N
DIAMOND ESTATES
BOZEMAN 2020:
“RESIDENTIAL”
(COUNTY A-S ZONING)
BOZEMAN 2020:
“RESIDENTIAL”
(COUNTY A-S ZONING)
BOZEMAN 2020:
“FUTURE URBAN”
(COUNTY A-S ZONING)
FLANDERS
CREEK
ROSA
100 ACRE
REGIONAL PARK
VALLEY WEST
BAXTER LANE
HARPER PUCKE
TT
ROADFLANDERS M
IL
ROAD
BAXTER MEADOWS P.U.D.
PHASE III
(R-1)
BAXTER MEADOWS P.U.D.
PHASE I & II
(R-3)
PARK
SUBJECT
PROPERTY
R-3 PROPOSED
(R-S)
DURSTON ROAD
BRONKEN
PARK
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ZONING MAP AMENDMENT
WARNICK BAXTER PROPERTY
JANUARY 2007
LOOKING WEST DOWN BAXTER LANE
EXISTING RESIDENCE ON PROPERTY
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ZONING MAP AMENDMENT
WARNICK BAXTER PROPERTY
JANUARY 2007
LOOKING WEST TOWARDS PROPERTY
LOOKING SOUTHEAST TOWARDS PROPERTY
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Warnick Baxter Property
Zoning Map Amendment
4555 E. Baxter Lane
Adjoining Property Owners List
Timothy & Leesa Poole Anderson
4687 E. Baxter Lane
Bozeman, Montana 59718
Vesta B. Anderson
c/o Anderson & Liechty PC
175 N. 27th St., Suite 1303
Billings, MT 59101
Baxter Meadows West, LLC
3985 Valley Commons Drive
Bozeman, MT 59718
790
March 27, 2007
Dear Commissioners:
I am writing today to express our protest to the request by our Baxter Lane neighbors to
change their zoning designation to R-3 for the following reasons:
1) The plats reflect that this area is ENTIRELY made up of SINGLE FAMILY
RESIDENCES. The request for R-3 is INCONSISTENT and INAPPROPRIATE for our
neighborhood
a. To the WEST of this parcel is our home which is the old Harper Puckett
School House, which is one home on a one-acre site.
b. To the EAST and the NORTH is the Potter Clinton Project BAXTER WEST
which is ENTIRELY SINGLE FAMILY HOME SITES, zoned R-1 currently, but
was RS just last year.
c. To the SOUTH is the Anderson/Baxter Ranch which is currently
agricultural and entirely undeveloped.
2) This would be an example of SPOT ZONING which would allow for maximum
densities in a very small area located in the outer most part of the city limits (as
per 2020 plan).
a. This SPOT ZONING would be a substantial deviation from the single family
residential that this area is ENTIRELY made up of.
b. This property lies on the farthest western boundary of the 2020 plan and
does not merit high densities. There is not a need for a greater density this
far out on the edge of the planned area for the City of Bozeman.
3) A zoning change would (1) prime this parcel for an investment resale ‘flip’; (2)
ultimately increase the densities far beyond what is intended (3) financially
benefit this developer SOLEY and (4) negatively impact the values of the
neighboring properties.
a. Whether this gentleman from Florida or his successor develops this parcel,
a zoning change to R-3 would allow for FAR GREATER density than what
is necessary, appropriate OR harmonious with this area.
b. An unfortunate and real example of this is with the Williams/Baxter
Meadows PUD which was approved by the city commission at that time.
Many individuals paid premiums for their homes and home sites based on
the fact that they would be bordering the ‘equestrian park and the larger
estate lots’.
The developer, Mr. Williams, chose to then ‘flip’ this ‘equestrian parcel’
which had been recently zoned RS to the developer, Potter-Clinton, who
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applied for a higher zoning density and DEVELOPED THE OPEN SPACE and
the estate lots into much smaller parcels at a ultimately a greater net profit
to the developer under the R-1 zoning designation. Those parties who
invested in the first PUD lost value in their homes. One woman stated,
‘you opened her pocketbook and took a $100,000 from her retirement’
when you allowed for the zoning and PUD changes which financially
benefited ONLY the developer and significantly damaged the existing
property owners’ values.
Please do NOT allow this SPOT ZONING for the SOLE BENEFIT of the developer of this site
(and the absolute LOSS in property value and quiet enjoyment for his neighbors).
Please ALLOW for the appropriate zoning and development of this property as a single
family residence designation which can be and should be done with the zoning
designation of R-S or R-1.
High density or multi-family structures do not need to be here as they are neither
consistent nor appropriate for the single family residential currently here on the edge of
the city 2020 plan limits and thus a zoning of R-3 is NEITHER appropriate or necessary.
Thank you,
Tim and Leesa Anderson
4687 Baxter Lane
Bozeman, MT 59718
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