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HomeMy WebLinkAbout01-07-14 Zoning Commission MinutesZONING COMMISSION MINUTES TUESDAY, JANUARY 07, 2014 ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Garberg called the meeting to order at 6:02 p.m. and took attendance. Members Present: Erik Garberg, Chairperson Trever McSpadden George Thompson City Commission Liaison: Carson Taylor Members Absent: Julien Morice Guests Present:  Tammy Bugarin Kelly Fogg Staff Present: Tom Rogers, Associate Planner ITEM 2. PUBLIC COMMENT (Limited to any public matter within the jurisdiction of the Zoning Commission and not scheduled on this agenda. There is a three-minute time limit per speaker.) None forthcoming ITEM 3. MINUTES OF DECEMBER 17, 2013 Approved unanimously Chairperson Garberg made a Zoning Commission Announcement: If there is anyone in the audience or viewing anticipating the public hearing on the Campus Crest Zone Map Amendment south of the University Stadium, that hearing has been rescheduled for the Zoning Commission’s February 4, 2014 meeting at 6 pm and the City Commission Hearing is scheduled for February 24, 2014 at 6 pm. Re-noticing for those new hearing dates has occurred. ITEM 4. PROJECT REVIEW 1. Hanson ZMA #Z-13240 A Zone Map Amendment application requested by owner Hanson Irrevocable Trust, Ethel Hanson, Trustee, 4949 Durston Road, Bozeman, MT 59718, applicant Vision Development, Dennis Balian, PO Box 1858, Bozeman, MT 59771, and representative C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718 to establish municipal zoning designation of R-2 (Residential Two-Household Medium Density District) on 6.1933-acres.  The property is addressed at 4949 Durston Road.  The property is legally described as Tract 2A, COS 501 located in the Southeast One- Quarter (SE ¼) of Section 3, Township Two South (T02S), Range Five East (R5E), PMM, Gallatin County, Montana.  (Rogers) Associate Planner Rogers: Gave a brief presentation on the project. Planner Rogers stated this is a public hearing on request to establish an initial zoning on a parcel not in city limits that is going through a concurrent annexation. The applicant, Vision Development has requested R-2 (Residential Two-Household Medium Density District) on an existing 6.2 acre property shown on location map. It is bounded on East by Hanson Street and to the West by Meagher and on the North side of 4949 Durston. They are asking to be annexed into the city with initial zoning for R-2 for residential development of some sort. We are not looking at the subdivision review at this point. That will take place at some point in the future, when the applicant is prepared to do so. Planner Rogers presented a few images to provide content. Currently there is one residential dwelling and an accessory dwelling on site and I will show you what that looks like. The underline community plan designation is residential. There are no unique requests in this particular application for the zoning just straight medium density. During the review the Development Review Committee evaluated the site, and did not identify any issues with providing basic city services. If and, when, future development occurs, any infrastructure would be required to be installed at that time. Based on Staff’s zoning adoption analysis, contained in the staff report dated 1/07/2014, no issues were raised particular concerns. Staff suggests standard contingencies that are contained listed in staff report that is customary with initial zoning. Planner Rogers showed an existing zoning map of the parcel, and noted adjacent zoning districts. Just for the record Chairperson Garberg mentioned the section to the right of the subject property it states that zoning as R-4 and Mr. Rogers will double check that to clarify. According to my staff report it states R-1 so I will stick with that. On pages 8-12 of staff report it shows how it complies with statutory requirement of the zoning criteria. Mr. Rogers shows slides of the intent of R-2 district, and use tables for the R-2 District. Planner Rogers noted there is little difference of permitted uses between R-1 and R-2, but as you go to R-3, 4 you get more density apartment buildings are permitted. Mr. Rogers explained the difference between P, A and C uses. At this point staff has not received any written comment, we have received phone calls concerning the project. There are members of the public that are here this evening. The City Commission will consider the ZMA and the Annexation request on January 27th. DRC will not identify any municipal service issues and Staff is recommending approval of this particular initial zoning application. If there are any questions you have of staff or the applicant, we will be happy to answer them. Chairperson Garberg: Is there any other question for staff? No questions of staff at this time. We would like to have applicant introduce himself and give a presentation should they wish. Applicant: Dennis Balian with Vision Development, we are asking for R-2 zoning because, we think it is the zoning that fits. R-3 would be allowing four-plexes which would have additional traffic, and taller, larger buildings that would interfere with view sheds. The R-2 allows for single family and duplex dwellings and seems to fit with the overall character of the vicinity. That is our request, and that is all I have unless you have questions. Chairperson Garberg: Any questions for the applicant? No questions for the applicant and at this point I would like to open up the public hearing. Tammy Bugarin: 845 Cottage Park Lane and have lived there for the past two years, have seen that wildlife corridor where those cottonwoods are and there are very few areas like that on the map. I have seen a bald eagle, pheasants, partridges, deer’s and ducks. I bring this up because of density and the issue that Dennis brought up regarding views and I would like to keep those views, and with that I would ask for is R-1 zoning with green spaces and single level dwellings. Chairperson Garberg: Any other comment from the public tonight? I will close this portion of the public hearing, and bring it back up here for motion, discussion and then a vote. Motion: Mr. McSpadden moved to hereby adopt the findings presented in the staff report for application #Z-13240 and move to recommend that The City Commission approval of the Hanson Zone Map Amendment with contingencies required completing the application processing. Mr. Thompson seconded the motion. Chairperson Garberg: Do you want to speak to your motion? Mr. McSpadden: Sure, this is an initial zoning request, and personally a big fan of annexation when we have an opportunity to do that. R-1 and R-2 are pretty close, in terms of the types of uses that are allowed, and it is surrounded by R-2 for the most part. I don’t think this is inconsistent with the character of the neighborhood, so I am going to support this application. Mr. Thompson: I appreciate the comments regarding the wildlife corridor, we are all blessed to live in an area where there are a lot of deer, and wildlife and the designation differences between R-1 and 2, I don’t feel it really inhibit wildlife migration. I lived in an area near to campus and we get a lot of deer through there and the zoning designation doesn’t seem to prohibit the deer from moving through there. I wanted to address that because it can be a challenge with the wildlife issue. Chairperson Garberg: My only comment would be I certainly understand with the R-1 across the street, the desire to see that but the streets a logical break, it’s an infill project, which the city is trying to support, so I think this one I would come down with my fellow board members and support the R-2 zone. Chairperson Garberg: I will call for the question, all those in favor of the motion as stated please indicate by saying aye. Motion carries unanimously (3:0). This will be before the Commission on January 27th ITEM 5. NEW BUSINESS Planner Rogers: I want to remind the commission that at you’re first meeting in February, you will be asked to re-elect your officers. Our office will make sure that is an agenda item. Mr. Taylor: the picking of the committees for the next two years is apparently happening Monday, and I don’t know what the outcome will be but, I have enjoyed being liaison to this committee but no guarantees that I will get it back . So this could be my last meeting with you all, and if it is, I thank you for your service, and it’s been a pleasure working with you guys and appreciate the opportunity to see you all at work and to share these two years with you. Tom Rogers: Have Tara to request Chairperson Garberg: I will request to get information on terms expire from Tara. Mr. Taylor: My final comment is the City has gotten through the two years without having to make me a name tag so they might as well wait to see the outcome so we don’t do too many of them. Chairperson Garberg: Just to let you know that the Oak Street commercial rezone was kind of difficult for everyone and that is on the next commission agenda so I will be watching that closely out of curiosity, to see how that turns out. That was the Mr. Rogers: Clarifies that the GPA will be at the next commission, but the zoning component will be on the 27th of January. ITEM 6. ADJOURNMENT Chairperson Garberg: Adjourned meeting at 6:51 Erik Garberg, Chairperson City of Bozeman Zoning Commission Chris Saunders, Policy and Planning Manager City of Bozeman DCD   This meeting is open to all members of the public. If you have a disability that requires assistance, please contact ADA Coordinator, James Goehrung, at 582-3200 (voice) or 582-2301/582-2432 (TDD).