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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 Zoning Commission meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582- 2301).