HomeMy WebLinkAbout09-05-17 Zoning Commission MinutesZoning Commission
Tuesday, September 5th, 2017 6:00 PM
City Commission Chamber – 121 N. Rouse Avenue
A. 06:01:42 PM (00:00:01)Call meeting to order
Present Were:
Jordan Zignego
George Thompson
Erik Garberg (Chair)
Commissioner Chris Mehl
Julien Morice
B. 06:01:49 PM (00:00:08) Changes to the Agenda
C. 06:02:33 PM (00:00:52) Approve Joint Meeting Minutes
(Previously approved by Planning Board)
06‐06‐17 Minutes (pdf)
o 06‐06‐17 Video
06‐27‐17 Minutes (pdf)
o 06‐27‐17 Video
07‐11‐17 Minutes (pdf)
o 07‐11‐17 Video
07‐18‐17 Minutes (pdf)‐
o 07‐18‐17 Video
MOTION to approve minutes: George Thompson
MOTION SECONDED: Jordan Zignego
VOTE: All in Favor – Motion Carries
D. 06:02:45 PM (00:01:04) Public Comment – Please state your name and address in an
audible tone of voice for the record. This is the time for individuals to comment on
matters falling within the purview of the Committee. There will also be an opportunity in
conjunction with each action item for comments pertaining to that item. Please limit
your comments to three minutes.
E. Action Items
1. 06:03:16 PM (00:01:35)
17‐399 Ordinance 1981: B‐3 design guidelines (Matsen)
An ordinance of the city commission of the city of Bozeman, Montana to
affirm and readopt the inclusion of Subchapter 4B to the Neighborhood
Conservation Overlay District (NCOD) Design Guidelines previously
adopted pursuant to City Commission Resolution 4598 (May 18, 2015).
Staff Report
Amending Resolution 4323
06:06:07 PM (00:04:26) Matsen summarized the amending resolution 4323 as the transition
language of 4B so that if someone owns both sides of a property, they are not required to
‘transition against themselves’.
06:07:58 PM (00:06:17) Commissioner Mehl asked if this resolution was adopted, whether it
would apply to the new B3 and the map exhibit. Matsen clarified that the resolution 4598,
which is currently in place, refers to a map in the document, but the text refers to all B3
zoned properties. There is some discrepancy in the current document, but the standard
policies states that text outweighs illustration. Matsen stated that the map offers
clarification.
06:09:12 PM (00:07:31) Public Comment:
Randy Peters (2607 Springcreek Dr.) commented that changing the game for developers was
at the expense of adjacent neighbors and properties. He argued that the neighborhood
residents did not understand 4598 & subchapter 4B until the Black Olive project came
about. He thought that this was a good opportunity to review and recommend changes to
the 4B guidelines. He asked that the board allow enough time for business hours and
community members to participate in the re‐adoption.
06:13:05 PM (00:11:24) Chris Shada (621 N. Bozeman) commented that he had reviewed the
4B and NCOD guidelines in addition to the municipal ordinances. He stated that there are
21 properties on the B3 side of any transition line and 27 properties that are on the
residential side of any transition block. He was concerned that the document did not refer
to ‘block character’ at any point. He also stated that he could not see that 4B allowed
anything to be developed that wasn’t already possible and suggested removing the section
altogether.
06:40:46 PM (00:39:05) Alan Kirk (227 E. Olive St.) commented on the fact that the block
characteristic and street scape issues were removed from the NCOD in 2015 and he felt it
was without adequate public comment. He asked the committee to reserve time for public
comment on the NCOD issues with respect to block character and streetscape, in particular
with regard to setback issues with some of the proposed high rise or mid‐rise buildings
being proposed for the halo district as is currently proposed in the UDC update which will be
adopted with a hearing and a vote. He stated that he felt there should be adequate setbacks
for adjacent residents to enjoy their property. He asked for a function which would be half
of the height of the adjacent wall as they do in Boulder, CO.
MOTION having reviewed and considered the application materials, public comment and all
information presented, I hereby adopt the findings presented in the staff report for application
17399 and move to recommend the city commission affirm and re‐adopt resolution 4598 which
adopted subchapter 4B, design guidelines for commercial development within the
neighborhood conservation overlay district, specifically the B3 halo including the amendments
incorporated into the subchapter 4B by resolution 4623 regarding an exemption from the
setback and height transition policies of abutting commercially zoned and residentially zoned
lots are under unified ownership and are being developed under a master site plan into the
design guidelines for the neighborhood conservation overlay district : George Thompson
MOTION SECONDED: Jordan Zignego
06:17:42 PM (00:16:01) DISCUSSION:
Board member Thompson addressed block characteristics and how they fit with maximizing
zoning allowances in the B3 perimeter edges of providing a cohesive design from commercial
districts to smaller scaled residential. He stated that there was a lot of merit in having some
type of action that addresses stepping down some modifications to address adjacent parcels.
Thompson stated that he supported this amendment.
06:19:05 PM (00:17:24) Board member Julien Morice asked for clarification in what is being
asked of the board for this ordinance. Garberg clarified by stating that the board is reaffirming
the initial changes to the 4B and adding a subsequent change to address exemption from the
transition requirements for parcels owned by the same owner.
06:19:56 PM (00:18:15) Matsen offered further clarification stating that there was question as
to whether the 4B ordinance was properly noticed the first time it was adopted. He stated that
they are doing this to make sure that there is no question in the adoption process for the NCOD.
He said that there was no changes to the text, but they wanted to affirm the changes that were
previously made with Ordinance 4623, which was added after the original adoption of the
resolution. Matsen added that regardless of the actions taken by the board, these ordinances
are already part of our code.
06:21:45 PM (00:20:04) Commissioner Mehl added that the commission started reviewing this
in Dec. 2014 and that there were several meetings in that adoption through the spring. The
ordinance was sent to the Historic Advisory Preservation Board, but it had not gone to the
Zoning board. Due to legal issues that have risen, the city decided to re‐notice the project to go
above and beyond to provide clarity. Mehl added that if the board sees problems and did not
want to move forward with the re‐adoption, to vote against the motion.
VOTE: All in Favor – Motion Carries Unanimously 4‐0
06:25:14 PM (00:23:33) There will be more opportunity for public comment on this issue at the
Commission meeting to be held on September 18th. 4B will also be reviewed at two additional
advisory boards, which were previously noticed.
2. 06:25:49 PM (00:24:08)
17‐304 Ordinance 1976: B‐2M Parking Requirements (Fine)
An ordinance of the city commission of the city of Bozeman, Montana
amending chapter 38, unified development code, section 38.25.040 to set
minimum off‐street parking requirements for the B‐2m district.
Staff Report
Application
Ordinance No. 1976 (Draft)
City Commission Minutes 5/1/2017
06:26:31 PM (00:24:50) David Fine from Bozeman’s Economic Development division
provided some background on B‐2M zoning, a new type of zoning created in 2016. This
zone can be applied anywhere in the city with the proper land use designation, but is
currently only found in the core of the community along the 7th Ave corridor. They had
received feedback that the standard city parking standards were a barrier to development
in the compact urban development zones.
06:30:05 PM (00:28:24) Fine summarized the proposed parking changes for B‐2M,
eliminating minimum off‐street parking requirements. The proposed parking
requirements would allow off‐site parking within 1000 sq. ft. of the development for
commercial and multiple household dwellings. The maximums that would be applied are
actually the minimum parking requirements elsewhere.
06:33:17 PM (00:31:36) Board member Thompson asked about shared parking. Fine
explained that there are existing conditions in the Muni Code that allow applicants to do a
parking study and seek an alternative parking arrangement through the approval of the
Director of Community Development. An applicant can accept the simplified parking
requirements that are being proposed, or seek alternative options that currently exist.
06:34:59 PM (00:33:18) Commissioner Mehl confirmed that bike parking requirements
would remain the same. Fine explained that both Missoula and Billings do not have
minimum parking requirements in their downtown corridors.
06:36:13 PM (00:34:32) Public Comment
Chris Shada (621 N. Bozeman) commented that he supported density and encouraged
more vibrancy in the city. He stated that he thought they should reduce parking
requirements in every case as much as possible.
06:39:04 PM (00:37:23) Board member Julien Morice recused himself from both agenda
items as he is involved in projects that are a conflict of interest.
MOTION having reviewed and considered the application materials, public comment and all
information presented, I hereby adopt the findings presented in the staff report for application
17304 and move to recommend approval of this text amendment: George Thompson
MOTION SECONDED: Jordan Zignego
VOTE: All in Favor – Motion Carries 3‐0, noting abstention of Julien Morice
F. FYI/Discussion
G. 06:45:36 PM (00:43:55) Adjournment
For more information please contact Tom Rogers at TRogers@bozeman.net
This board generally meets the first and third Tuesday of the month at 6:00pm
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