HomeMy WebLinkAboutZoning Commission-06-21-16 Minutes City Planning Board and Zoning Commission
Tuesday, June 21, 2016 6:00 PM
City Commission Chamber – 121 N. Rouse Ave.
A. Call meeting to order – Zoning Commission Only
Dan Stevenson – Present
Erik Garberg – Present
Julien Morice – Present
George Thompson – Present
Chris Mehl – Commission Liasion - Present
B. 06:04:25 PMChanges to the Agenda – No changes to the agenda.
C. 06:04:30 PM Public Comment –No Public Comment.
D. Action Items - 06:04:45 PM
1. Simmental Zone Map Amendment, Application 16206 (WerBell)
Recommended Motion: Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 16206 and move to recommend approval of the Simmental Zone
Map Amendment, with contingencies required to complete the application processing.
06:05:00 PM Mitch Werbell enters his staff report into the record and begins presentation on
the Simmetal Zone Map Amendment.
06:09:15 PM Questions for staff.
06:09:25 PM Chris Mehl questions if there’s any more information on the connectivity concerns
from engineering. Mr. Werbell responds in detail.
06:10:39 PM Applicant Brianna Baker from Madison Engineering begins short presentation on
the project.
06:11:23 PM Questions for applicant
George Thompson questions the connectivity issue. Applicant responds that they would need to
do a traffic study.
Board discusses if connectivity impacts decision regarding connectivity.
06:13:09 PM Public Comment for Simmental – No public comment.
06:13:22 PM Julien Morice moves: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt the
findings presented in the staff report for application 16206 and move to recommend approval
of the Simmental Zone Map Ammendment, with contingencies required to complete the
application processing.
Second by Dan Stevenson
06:14:01 PM Mr. Morice states that he supports the change because it seems to support the
goals long term and mirrors what everyone wants.
Mr. Garberg states he feels the discussion was largely completed when this project last came to
the board, so it’s an easy decision.
06:14:48 PM Board approves unanimously.
06:15:02 PM Board takes a recess while we wait for the other planning board members to
arrive.
E. 06:34:37 PM Call meeting to order – Bring Planning Board to Order
Brianne Dugan – Present
Henry Happel - Present
Dan Stevenson – Present
Chris Mehl – Present
Erik Garberg – Present
George Thompson – Present
Paul Spitler – Present
Julien Morice – Present
Laura Waterton – Present
Jerry Pape - Present
1. Amend the Bozeman Municipal Code to create a cottage housing residential
type. 06:35:53 PM
Recommended Motion: Having reviewed and considered the proposed ordinance, public
comment, and all the information presented, I hereby adopt the findings presented in the staff
report for application 16146 and move to recommend adoption of Ordinance 1952
06:36:03 PM – Chris Saunders begins presentation of the cottage housing ordinance.
Mr. Saunders states that there has been no formal public comment on the ordinance
specifically. But they have received comments in conjunction with the UDC update.
Mr. Saunders indicates that homes are increasing as number of individuals per household is
decreasing.
06:39:54 PM Mr. Saunders states that we are on the cusp of a trend for a demand smaller
homes.
06:41:08 PM Mr. Saunders states that we are creating a variation on single family homes and it
is completely optional to do it. However, if developers opt for cottage housing, there is a
requirement to include affordable housing.
06:42:38 PM Mr. Saunders explains definition of “cottage” and “cottage housing”.
06:42:59 PM Mr. Saunders stated that they are proposing these in all residential districts, except
in residential suburban districts. Continues to explains why it is not included in RS.
06:44:05 PM Mr. Saunders states that there are some projects in town that look similar to
cottage housing, but not exactly. They were all developed as condominiums and provides
images of these examples from town.
06:45:41 PM Mr. Saunders explains that the benefit of not developing these as condominiums is
that home ownership for fee-simple properties is easier.
06:46:23 PM Mr. Saunders discusses primary and dependent lots.
06:48:28 PM Mr. Saunders discusses how Cottage Housing mirrors other subdivisions.
Mr. Saunders explains building code requirements that get us to minimum square footage for a
home in Bozeman.
06:50:52 PM Mr. Saunders discusses the unique elements to Cottage Housing that differ from
other subdivisions. Expedited review, individual ownership (not condominium), design
standards, concurrent construction with infrastructure, dwelling size restrictions (max house
size), has a subdivision exemption option and requires affordable housing.
06:54:13 PM Mr. Saunders discusses design standards and provides layout examples.
06:56:04 PM Mr. Saunders states attention to detail makes or breaks the projects. Details on
home appearance and how the homes interact with one another. Provides examples of types of
designs they are trying to avoid and samples of ideal cottage housing groups.
06:58:17 PM Mr. Saunders discusses the affordable house requirement.
06:59:22 PM Mr. Saunders explains the review process differences for these types of projects.
Mr. Saunders indicates there are departures from the requirements that they will consider.
07:00:22 PM Mr. Saunders states that the design standards is the most detailed portion of the
ordinance.
07:00:47 PM Mr. Saunders states that cottage housing is an allowance, it is not requires and not
guaranteed. It is largely design dependent – you must be able to make it work within the
requirements.
07:01:41 PM Mr. Saunders discusses the Criteria of Evaluation.
Staff believes this could be a positive thing for the community and like that it offers more
options for developers.
07:03:40 PM Mr. Saunders states that there has been an architect who is developing a test site
and it has helped to develop the text of the ordinance.
07:05:16 PM Questions for staff
George Thompson questions the required number of affordable units required. Mr. Saunders
responds that the ordinance was designed for the affordable housing initiatives. There is a
minimum of 4 homes for a cottage housing cluster and at least one of those needs to be
affordable.
Mr. Thompson questions if the other homes would be subsidizing the affordable home. Mr.
Saunders explains that may not necessarily be the case.
Mr. Thompson states that we have a common open space between all the units, so he questions
if there was any thought given to reducing park land requirements. Mr. Saunders responds that
part of the affordable housing ordinance, developers already do get a discount on how much
parkland is required. Mr. Saunders responds.
07:11:50 PM Mr. Thompson questions how many homes have been built at the minimum home
size to date. Mr. Saunders responds that no homes have been built to that size. The minimum is
just a minimum. Home size should be consumer driven.
Mr. Saunders states that this is a tool to allow for alternatives for special situations without
invoking a number of variances, etc. to make a project work.
07:14:32 PM Mr. Thompson states that between 4 and 10 units on a cottage housing project,
you must provide at least one affordable unit. Mr. Saunders explains that it is between 1 and 3
units – 1 at 70% AMI or 3 at 90%.
Mr. Saunders explains that the homes do not need to be the same, they just need to be similar
on the exterior to mix with the surrounding homes.
Board continues to discuss what is or is not allowed with regards to difference between the
market price home and affordable units.
07:17:20 PM Mr. Thompson questions if this ordinance would have a larger impact on the
middle class if we removed the affordable housing component. Mr. Saunders states that these
units are usually upper end units – they maintain high costs.
07:18:43 PM Mr. Pape states that he feels this is great work and innovative. He discusses the
problems regarding financing availability for condominiums. Mr. Pape provides an example
within the town that is a good example of this.
Mr. Pape states that he is concerned with the availability of financing for these units – bankers
he works with will likely not approve this project. He states that holding up the affordable
pricing of this will impact the pricing of the other units. Mr. Pape states that we need to
determine if anyone would lend on this.
07:22:08 PM Mr. Pape questions how this would have impacted projects in the past. Mr.
Saunders responds in detail.
Mr. Pape states that it would be essential to explore the financing available and the
ramifications of making the builder go down the path of affordability.
07:24:18 PM Dan Stevenson questions if Jerry Pape was implying that the first unit would be
required to be the affordable unit. Mr. Pape responds.
Mr. Stevenson states that it would be ideal to present the affordable unit last to avoid any
appraisal issues at the time of sale. Mr Pape agrees that would be ideal.
07:28:08 PM Mr. Garberg states that the affordable housing portion is outside of the purview of
the board. Mr. Pape responds that he still doesn’t want to approve anything with some hidden
challenges.
07:29:08 PM Mr. Stevenson questions fire department access. Mr. Saunders states that’s why
design is key – they have to meet fire access codes.
07:30:54 PM Mr. Pape states that this will also bring up insurance questions. Mr. Saunders
states that the spacing requirements were there to allow for fire standards and that if the units
got closer together, then they would need to do fire rating, etc.
07:32:20 PM Paul Spitler would like more information on what about the ordinance is needed.
What problems do the code have. Mr. Saunders responds it would allow fee-simple lending, in
addition, the current code requires certain lot sizes which implies larger homes. This allows for a
coordinated design to allow for smaller lots and smaller homes, so more flexibility.
Mr. Garberg states it is also a more defined approval path.
07:34:59 PM Mr. Mehl questions the amount of time saved for this process instead of a minor
subdivision. Mr. Saunders states that it will save 2.5-3 months – but up to 1 year if you require
subdivision exemption.
07:36:23 PM Mr. Mehl questions why they are requiring an HOA. Mr. Saunders responds that
there is a requirement for public open space and someone needs to manage and hold
ownership of that – that is the HOA.
07:37:15 PM Mr. Mehl questions the set back requirements. Mr. Saunders responds that there
are two sets of setback requirements. There are primary lots and dependent lots which require
different setbacks.
07:39:17 PM Mr. Mehl question the roof standards and why a pitched roof is required. Mr.
Saunders responds there is an increase of flat roofs being presented. He states it has to do with
neighborhood feel. In addition, it will impact the massing of the buildings.
07:41:57 PM Laura Waterton questions if you could combine multiple lots in an existing
subdivision and still go through the subdivision exemption process. He states you could bring
them forward for this, but when platted, it will remove the original lot lines.
Mr. Morice questions firewall requirements and if there are issues with the roof hanging over lot
lines.
Mr. Saunders responds that they have run the firewall requirements by the building division and
that’s where the requirement comes from.
He states that with regards to the roof the concerns they’ve addressed is that there will be
cooperation between homeowners that would allow for shared space between homes. Also,
drainage, someone is paying attention to the project as a whole which would account for all
drainage. Clarification that foundation wouldn’t be on the lot line, the widest part of the
building would be on the lot line.
07:46:47 PM Mr. Pape states that he feels these ideas will work, but he has seen these types of
exploratory projects fail. He would like to know if there were provisions for amending the code
quickly to refine the ordinance more quickly. Mr. Saunders responds that we could design this
with an expiration date that needs to be renewed if it is successful and others want to be
renewed. Mr. Saunders states other than that, it would require an ordinance to amend it.
07:50:05 PM Open for Public Comment.
07:50:28 PM Luke Howard – SWMBA – He feels that the second draft has addressed a lot of the
issues presented initially. He agrees with Chris Saunders, that it would require the design
community to be creative with their design. He states that the open space should be counted
toward their park land dedication. He said he understands Jerry Pape’s concerns with regards to
financing. He feels there are developers who may come from out of state with links to out of
state bankers who are more comfortable with these types of loans. He states that with building
approving the design, that there shouldn’t be a huge concern with getting insurance. He states
there is a demand for these smaller homes on smaller lots. He feels this reflects the spirit of
cottage housing and diversity for Bozeman.
07:55:00 PM Ben Lloyd – CommaQ Architecture – He feels it’s another tool in your tool box for
good design. It allows designers more options. He states that he feels it’s innovative because of
the space between the homes. He states that it provides transitional space between zones. He
states that with regards to affordability, it becomes more affordable to provide a smaller
affordable home than a large affordable home, if subsidizing through the other homes.
07:58:20 PM Mr. Garberg states that he thinks they have used the “cottage housing” title
because there are other aspects of innovative that they may try to explore.
07:58:44 PM Close public comment.
07:58:49 PM George Thompson makes a motion for the planning board and zoning
commission: Having reviewed and considered the proposed ordinance, public comment, and
all the information presented in the staff report for application 16146 and move to
recommend adoption of Ordinance 1952.
Jerry Pape Seconds for planning board
Julien Morice Seconds for zoning commission
Mr. Thompson speaks to his motion. That it he appreciates the design requirements. He is
challenged by the affordable housing requirements and the 800 sq ft minimum. He feels home
ownership is not a right, it’s a privilege, if you’re not in a position to own a home, then the cost
could burden you.
08:02:43 PM Mr. Morice states he likes this. He agrees it is another tool in the tool box. He said
most of his concerns have been addressed. He states that the appraisal portion concerns him, so
maybe the affordable home should be the smaller unit, or else it may drag down the cost. He is
concerned about with resale price. He questions if there is these could all be rentals or if there is
homeowner occupied requirements. He thinks it is potentially a great program. He feels it would
be nice to do this as not an affordable option as well. He would also like to see it tested at first
and see how it looks after making changes through a few samples.
08:06:35 PM Jerry Pape states that talking to an appraiser would be a good idea. He states that
designating an affordable unit would be helpful. He feels the City should give the planner the
ability to work backwards and refine what was written before it goes into final approval. He
feels he supports this because the findings are there. He thinks there are projects like this
already available in town that are similar.
08:08:43 PM Henry Happel states that he will support the motion. He likes that we’re expanding
the development types available. He states that he likes that we were able to look at other
communities that have developed this in the past to build our plan on. He feels the planners
have thought through many of the issues. He states that he suspects there will be areas that
need revision and hopes we bring forward those amendments for approval.
08:10:14 PM Mr. Garberg states that he would go to 20% and not limit it to 10% for affordable
housing. He feels the City needs to be involved in the management of these in some way. He
feels attached garages shouldn’t be included toward total square footage. He is concerned with
the roof requirements as
08:11:58 PM
Planning Board Vote:
In Favor: Henry Happel, Chris Mehl, Jerry Pape, Laura Waterton, Brianne Dugan, Paul Spittler
Against: George Thompson
Motion Passes
Zoning Commission Vote:
In favor: Erik Garberg, Julien Morice, Dan Stevenson
Against: George Thompson
Motion Passes
F. FYI/Discussion 08:13:20 PM
Mr. Saunders informs the board about the strategic plan update taking place.
08:14:00 PM Mr. Saunders informed the board that Montana Department of Transportation is
looking for input for their transportation plan update.
G. 08:17:05 PM Adjournment
For more information please contact Alicia Kennedy at akennedy@bozeman.net
This board generally meets the first and third Tuesday of the month at 7:00pm
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