HomeMy WebLinkAboutD. 08-10-20 Planning Board Minutes DRAFT
City Planning Board
Monday, August 10th, 2020 | 6:00 – 8:00 PM
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A. 06:06:50 PM (00:11:44) Call Meeting to Order & Roll Call
Present Were
Cathy Costakis
George Thompson
Chris Mehl (Commission Liaison)
Jen Madgic
Mark Egge
Henry Happel (Chairman)
Jerry Pape
Paul Spitler
Richard Rudnicki
Tom Rogers (Staff Liaison)
Chris Saunders (City Staff)
B. 06:07:37 PM (00:12:32) Changes to the Agenda
C. 06:07:52 PM (00:12:47) 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.
D. Minutes for Approval (None)
E. 06:12:25 PM (00:17:20) Disclosures
F. 06:11:43 PM (00:16:38) Action Items
1. Continuation of Bozeman Community Plan Public Hearing [growth policy] (Rogers/Saunders)
A growth policy to establish the land development and use policies and future land use map for the City of
Bozeman and anticipated expansion areas.
PB Memo from Staff 08-10-20
Part One – continue of Bozeman Development Consortium
o Bozeman Development Consortium comments 07-23-20
Part Two – evaluation of additional public comment:
o R Pertzborn Comments 07-21-20
o W Fricke Comments 07-22-20
o Placeholder for Additional Comments (Updated as Received)
06:12:03 PM (00:16:58) Board member Jerry Pape presented on behalf of the group, Bozeman Development Consortium
(BDC). Mr. Pape explained that the members of this group are experienced with the Unified Development Code and
their goal is to create a working relationship with the Community Development Department.
06:16:19 PM (00:21:14) Mr. Pape reviewed deficiencies with the Community Plan draft, identified by the BDC. He also
listed some items omitted from the action plan prior to making motions to correct plan deficiencies.
06:17:46 PM (00:22:41) Laura Dornberger shared that the group of design professionals have had the opportunity to
experience the new UDC and have suggestions for how to improve the document.
06:18:28 PM (00:23:23) Following, Mr. Pape reviewed proposed motions to address these deficiencies and provided
comments regarding each motion.
06:19:35 PM (00:24:30) MOTION #1: Recognize COVID Pandemic & COVID Financial Crisis
06:22:26 PM (00:27:21) MOTION #2: Recognize the Affordable Housing Crisis pt1
06:25:20 PM (00:30:15) MOTION #3: Mitigate the negative consequences of a Blanket NCOD
06:27:33 PM (00:32:28) MOTION #4: Eliminate a significant cause of “Missing Middle” problem
Mr. Pape provided housing statistics to support the motion.
06:40:23 PM (00:45:18) MOTION #5: Recognize the interdependence of Economic Development
Mr. Pape reviewed action items from the Economic Development Plan. He also reviewed the dilemma to find
balance between affordability, quality of life, and job availability.
06:44:28 PM (00:49:23) MOTION #6: Recognize the need for Neighborhood Commercial Development
Strategies
06:46:07 PM (00:51:02) MOTION – Planning board bylaws change motion – mandate beneficial engagement
with the primary Community Plan & UDC Stakeholders
06:51:26 PM (00:56:21) Ryan Springer, a commercial real estate agent, commented that community feedback is an
important part of improving the Planning process.
06:53:59 PM (00:58:53) Joe Cobb commented that the participants in the surveys and members of the BDC feel there is
opportunity for improvement and better results.
06:56:27 PM (01:01:22) Chairman Happel asked Kevin Thane, Chair of the Community Affordable Housing Advisory
Board about the top three priorities of the Affordable Housing Action Plan. In response, Mr. Thane, speaking
independently of CAHAB, shared some thoughts on what he felt were priorities in affordable housing.
07:05:28 PM (01:10:23) Frederick Richardson agreed that there was room for improvement and stated that “time is
money” as it relates to moving development projects through the process and maintaining affordability.
07:08:52 PM (01:13:47) Chair Happel asked the Bozeman Development Consortium (BDC) members about the housing
type they feel the missing middle desires. Mark Meissner spoke to front loaded garages versus back loaded garages and
shared that buyers desired back yards more than the attractive front with porches and set-back garages.
07:17:24 PM (01:22:19) Public Comment Opportunity
07:22:16 PM (01:27:11) Laura Dornberger commented regarding the proposed motion to change the Planning board
bylaws, sharing that she was looking for ways to be more involved directly.
07:26:32 PM (01:31:26) Shawn Olsen, a local builder, commented on the front loaded garage versus alley loaded
garages and shared that he felt the front loaded garages were much more efficient for larger vehicles necessary for
Montana weather. Mr. Olsen shared that buyers preferred the front loaded garage, even 3 car garages for additional
storage with two vehicles or a garage with additional depth.
07:30:56 PM (01:35:50) Chair Happel brought discussion back to the board.
07:31:47 PM (01:36:42) Friendly amendment to all motions: to remove “the presentation of the BDC” from each motion
so that they read: “Having reviewed and considered public comment, and all information presented, I hereby move…”
07:32:18 PM (01:37:13) MOTION #1 Having reviewed and considered the presentation of the BDC public comment, and
all information presented, I hereby move to instruct staff to insert the following language from BDC prominently into the
Community Plan as follows: During the development of the 2020 Community Plan, and at the time of publication, the
world has been beset by the COVID Pandemic and the subsequent COVID Financial Crisis. The impacts of COVID reach
into the trillions of dollars worldwide Southwest Montana has fared better with COVID than most communities on a
global scale. At the time of publication, it appears that this reduced initial COVID impact is creating significant in-
migration of citizens to Bozeman and its environs. Mitigation of the impacts of both COVID and an influx of new citizens
to our community will require unprecedented resilience, agility, and outside-the-box thinking, by all participants, the
Development Community, including the City of Bozeman Commission and staff at all stages of the development process:
Jerry Pape [w/ friendly amendment to remove stricken language]
07:33:07 PM (01:38:02) MOTION SECONDED: Cathy Costakis
07:33:30 PM (01:38:25) Mr. Pape briefly spoke to his motion.
07:34:00 PM (01:38:55) Friendly amendment to revise opening paragraph to read: having reviewed and considered
public comment and all information presented I hereby move to insert the following language prominently into the
Community Plan: Henry Happel
07:34:48 PM (01:39:43) Motion discussion.
Chair Happel suggested adding the language to p. 14 at the end of “The Resilient City” section.
Board member Richard Rudnicki did not support the motion as they do not know the effects of COVID and that the
information may be outdated during the life of the document.
07:38:47 PM (01:43:42) Board member Pape clarified that he does not have a financial interest or gain in the Bozeman
Development Consortium.
07:41:25 PM (01:46:20) Mayor Mehl, Commission Liaison, reviewed the disclosures and conflict of interest policy with
board members and explained his intent behind the creation of the BDC group.
07:42:39 PM (01:47:34) VOTE: 6 for; 2 against – Motion Carried
07:43:07 PM (01:48:02) MOTION #2 Having reviewed and considered the presentation of the BDC public comment, and
all information presented, I hereby move to instruct staff to insert the following language from BDC and from the
CAHAB and the Affordable Housing Action Plan prominently into the Community Plan as follows: At the time of
publication, the availability of Affordable Housing, whether for rent or for purchase, is one of Bozeman’s most serious
problems, as demonstrated by both the 2018 EPS Study and the Affordable Housing Study by Werwath & Associates.
Alleviating this shortage is the top priority of the City Commission, the Planning Board, and the Community
Development Department. Entrenched with local and regional authorities, the top priorities of the action plan are: 1)
ensuring community housing serves the full range of incomes without losing site of safety net programs for truly low
income and homeless families, this includes safety net rentals below 30% AMI, which is about $20,000 per year,
additional resident employee rentals up to 80% AMI, about $55,000 per year, and ownership up to 150% AMI or
$104,000 per year; 2) producing community housing at the rate that exceeds or matches job growth so that new
employees can find homes; 3) striving to produce community housing at a rate that matches the spectrum of community
housing needs while also preserving what we, through a target of no net loss an existing community housing stock below
80% AMI. For additional up to date details see CAHAB, the Affordable Housing Action Plan. The Planning Board
recommends to the City Commission that action, staff, and budgetary resources, related to affordable housing be given
a high priority. [w/ friendly amendment to remove stricken language]
07:45:13 PM (01:50:08) MOTION SECONDED: Chris Mehl
07:45:29 PM (01:50:24) Friendly amendment to reference the 2018 EPS and Community Housing Plan references to
avoid confusion and for staff to confirm language in Affordable Housing Plan: Chris Mehl
07:46:46 PM (01:51:41) Board member Jen Madgic asked if the last sentence of the motion was a change to the Growth
Policy or a general recommendation to the City Commission.
07:48:55 PM (01:53:50) Friendly amendment Board member Paul Spitler suggested breaking the motion into two
1) Amendment to plan:
MOTION #2a Having reviewed and considered the presentation of the BDC public comment, and all
information presented, I hereby move to instruct staff to insert the following language from BDC and
from the CAHAB and the Affordable Housing Action Plan prominently into the Community Plan as
follows: At the time of publication, the availability of Affordable Housing, whether for rent or for
purchase, is one of Bozeman’s most serious problems, as demonstrated by both the 2018 EPS Study and
the Affordable Housing Study by Werwath & Associates. Alleviating this shortage is the top priority of
the City Commission, the Planning Board, and the Community Development Department. Entrenched
with local and regional authorities, the top priorities of the action plan are: 1) ensuring community
housing serves the full range of incomes without losing site of safety net programs for truly low income
and homeless families, this includes safety net rentals below 30% AMI, which is about $20,000 per year,
additional resident employee rentals up to 80% AMI, about $55,000 per year, and ownership up to 150%
AMI or $104,000 per year; 2) producing community housing at the rate that exceeds or matches job
growth so that new employees can find homes; 3) striving to produce community housing at a rate that
matches the spectrum of community housing needs while also preserving what we, through a target of
no net loss an existing community housing stock below 80% AMI. For additional up to date details see
CAHAB, the Affordable Housing Action Plan
2) Recommendation to City Commission:
MOTION #2b The Planning Board recommends to the City Commission that action, staff, and budgetary
resources, related to affordable housing be given a high priority.
07:49:27 PM (01:54:22) Chairman Happel asked if Mr. Pape would be willing to simplify his motion and include only the
second part about prioritizing affordable housing. Following, board members discuss the appropriate amount of
information to be included in the Community Plan from other plans.
07:54:19 PM (01:59:14) Board member Cathy Costakis points out that the three affordable housing objectives are
included in the Community Plan on page 12.
07:55:27 PM (02:00:22) Friendly Amendment to split the motion into two pieces; the first part being an amendment to
the plan; the second part being a recommendation to the City Commission.
07:56:03 PM (02:00:58) MOTION SECONDED: Jerry Pape
07:56:29 PM (02:01:24) VOTE (1st Motion): 7 for; 1 against – Motion Carried
07:57:12 PM (02:02:07) VOTE (2nd Motion): Motion Carried Unanimously
07:58:46 PM (02:03:41) MOTION #3 Having reviewed and considered the presentation of the BDC, public comment, and
all information presented, I hereby move to instruct staff to insert the following language from the BDC prominently into
the Community Plan as follows: The Planning Board has recognized the Affordable Housing consequences created by a
Blanket NCOD in Bozeman. To mitigate this negative impact, and to facilitate Affordable Housing and gentle,
generational Neighborhood Density Progression, the Planning Board recommends the replacement of the current
Blanket NCOD, previously defined by an entire US Census tract, with an NCOD defined exclusively by and constrained to
an inventory of specific “contributing structures”; and with cognizance of and mitigation for existing and future negative
affordability consequences. The Planning Board recommends to the City Commission that actions, staff, and budgetary
resources relating to the revision of the Blanket NCOD be given a high priority: Jerry Pape
08:00:23 PM (02:05:18) MOTION SECONDED: Mark Egge
08:00:29 PM (02:05:24) Mr. Pape speaks to his motion
08:01:04 PM (02:05:59) Friendly Amendment to alter introductory paragraph to delete the reference to the BDC
08:01:14 PM (02:06:09) Friendly Amendment to split into two motions: Paul Spitler
08:01:28 PM (02:06:23) MOTION SECONDED Jerry Pape
08:01:57 PM (02:06:52) Board members discussed the motion.
08:13:16 PM (02:18:11) VOTE (1st Motion – all but last sentence): 2 for; 6 against – Motion Failed
08:13:43 PM (02:18:38) VOTE (2nd Motion – last sentence):
08:13:57 PM (02:18:52) Friendly Amendment to alter the last sentence to read “The Planning board recommends to the
City Commission that action, staff, and budgetary resources relating to the update to the NCOD be given a high priority.
08:14:12 PM (02:19:07) MOTION SECONDED
08:14:20 PM (02:19:15) Mayor Mehl defended his friendly amendment. Mr. Pape accepted the amendment.
08:15:47 PM (02:20:42) Chairman Happel recapped the motion
08:16:16 PM (02:21:11) VOTE: Motion Carried unanimously
08:18:13 PM (02:23:08) Board members discussed development and demolition process within the NCOD, specifically
for contributing structures.
08:19:01 PM (02:23:56) MOTION Having reviewed and considered public comment, and all information presented, I
hereby move to instruct staff to insert the following into the Community Plan as follows: The Planning Commission has
recognized the negative consequences of the current NCOD as described in the current draft of the Community Plan on
affordable housing. The City is committed to mitigating these impacts.: Jerry Pape
08:20:03 PM (02:24:58) MOTION SECONDED: none
08:20:08 PM (02:25:03) MOTION #4 Having reviewed and considered to promote the development of “Missing
Middle” housing, as one of the most critical components of Affordable Housing. The City Commission, the Planning
Board, and the Community Development Department shall allow / remove any impediment to the development of two-
story duplex townhomes with features similar to and including: a 1,400-1,600 square foot 3 bedroom, 2.5 bath dwelling
and a two-car front loaded attached garage with two exterior parking spaces that do not encroach the sidewalk. The
units shall be permitted to have primary entrances on the sides (not facing the street) of the dwelling. The land use ratio
should roughly conform (±5%) to 40% front yard, parking pad, garage; 30% dwelling; and 30% back yard and side yard.
The Planning Board recommends to the City Commission that actions, staff, and budgetary resources relating to the
mitigation of the “Missing Middle” problem be given a high priority.
08:21:06 PM (02:26:01) SECONDED: Jen Madgic
08:21:13 PM (02:26:08) Perfecting Amendment to shorten the motion to read: to promote the development of missing
middle housing (duplex stacked, duplex side by side, cottage style, multiplex small, multiplex large, courtyard building,
townhouses, and live-work) the planning board recommends to the City Commission that actions, staff, and budgetary
resources relating to the mitigation of the “missing middle” problem be given a high priority: Jen Madgic
Mr. Pape responded that he’d like to address the code sections he felt were negatively affecting “missing middle”
housing.
08:24:09 PM (02:29:04) MOTION SECONDED (Perfecting Amendment): Chris Mehl
08:25:22 PM (02:30:17) Continued discussion
08:28:22 PM (02:33:17) Friendly Amendment to Perfecting Amendment to add language “consider revisions to UDC”:
Richard Rudnicki
08:29:19 PM (02:34:14) Ms. Madgic accepts friendly amendment
08:29:51 PM (02:34:46) Friendly Amendment to Perfecting Amendment to insert Mr. Rudnicki’s recommendation to the
end of Ms. Madgic’s wording to read: “the planning board recommends to the City Commission that actions, staff, and
budgetary resources relating to the mitigation of the “missing middle” including revisions to the UDC problem be given a
high priority: Chris Mehl
08:31:01 PM (02:35:56) Board members summarized the motions and amendments.
08:33:11 PM (02:38:06) VOTE (Jen’s motion as amended): Motion Carried Unanimously
08:33:24 PM (02:38:19) VOTE (Recommendation to City Commission – last sentence):
Motion Recap: Planning board recommends to the City Commission action, staff, and budgetary resources relating to
the mitigation of the missing middle problem be given a high priority: Chris Mehl:
08:34:39 PM (02:39:34) VOTE: Motion Carried Unanimously
08:35:14 PM (02:40:09) MOTION #5 Having reviewed and considered the presentation of the BDC, public comment, and
all information presented, I hereby move to instruct staff to insert the following language from BDC and the Economic
Development Plan Update prominently into the Community Plan as follows: Economic Development and Skilled
Workforce Development are top priorities of the Bozeman City Commission, The Planning Board, and the Community
Development Department, in conjunction with local and regional authorities. Additionally, Economic Development is
critical to Bozeman’s resilience and agility in the face of economic uncertainty presented by the Covid pandemic of 2020:
The three top action items in the Economic Development Plan are: Recruit new businesses and support growth of
existing businesses; Invest in infrastructure as a mechanism to drive economic development; and Support education and
workforce development initiatives to provide newly recruited and existing businesses with qualified workers.
Additionally, the Economic Development Department must be encouraged to develop a business recruitment program
for skilled workforce businesses with median salaries of $45,000-65,000. For additional, up-to-date detail see Economic
Development Plan & Update <- with hyperlinks The Planning Board recommends to the City Commission that actions,
staff, and budgetary resources relating to Economic Development be given a high priority: Jerry Pape
08:36:52 PM (02:41:46) Motion failed due to lack of second.
08:37:06 PM (02:42:01) MOTION #6 Having reviewed and considered the presentation of the BDC, public comment, and
all information presented, I hereby move to instruct staff to insert the following language from BDC prominently into the
Community Plan as follows: The need for a path to the emergence of small-scale Neighborhood Commercial
development and its ability to bring pedestrian access to coffee shops, groceries, and other daily experiences, and
related employment opportunities, is a critical part of Bozeman’s municipal maturation. Such a path is dependent on
sufficient population density in such neighborhoods to make Neighborhood Commercial viable. Typically, this viability
cannot be achieved co-emergently with construction of neighborhood housing—for this reason other subsidy
approaches must be developed and deployed to make co-emergence possible. The Planning Board recommends to the
City Commission that actions, staff, and budgetary resources relating to Neighborhood Commercial Development be
given a high priority: Jerry Pape
08:38:23 PM (02:43:18) MOTION SECONDED: Mark Egge
08:38:46 PM (02:43:40) Friendly amendment to remove reference to BDC (as done with previous motions): Henry
Happel
08:38:57 PM (02:43:51) Motion discussion.
08:39:51 PM (02:44:46) Friendly amendment to take language in 2nd and 3rd paragraph to specify that we’d add this
language at the end of the “importance” discussion of Theme Two on page 16 of the current Growth Policy draft.: Henry
Happel (Supported by Jerry Pape)
08:40:54 PM (02:45:48) Friendly amendment to take the language in the last paragraph and instead of recommending
to City Commission, add the substance of language along with the goals and objectives of N2.3 on page 18 which
currently says, “investigate and encourage development of commerce concurrent…” Also propose to add the next
sentence: “actions, staff, and budgetary resources related to neighborhood, commercial development should be given a
high priority.”: Henry Happel (Supported by Jerry Pape)
08:42:05 PM (02:47:00) Further motion discussion.
08:42:51 PM (02:47:46) MOTION to separate the motion into two: Paul Spitler
08:42:50 PM (02:47:45) MOTION SECONDED: Jerry Pape
08:42:54 PM (02:47:49) MOTION WITHDRAWN: Paul Spitler
08:43:23 PM (02:48:18) VOTE: Motion carried unanimously
08:44:33 PM (02:49:27) Chairman Happel shared that they’re not able to amend the bylaws of the Planning Board
without the item being properly noticed to the public as an agenda item.
Board members then discussed the proposed motion language to change the Bylaws of the Bozeman City Planning
Board. Proposed Changes include: The Bozeman City Planning Board shall, via the Community Development
Department, schedule, promote, and coordinate no less than three mandatory workgroup sessions with Bozeman
Development Consortium and its members during any review/rewrite of the: Community Plan/Growth Policy, Future
Land Use Map, and Uniform Development Code. These workgroup sessions shall be no less than 2.5 hours and shall
occur, at a minimum, at the beginning, middle, and end of any of the associated review/rewrite processes stated
above…
08:50:32 PM (02:55:27) Chairman Happel shared that he felt this was a noticing issue and that design professionals need
to be aware of issues being discussed in order to participate. Following, members deliberated on how best the design
professional community can influence these processes.
09:02:50 PM (03:07:45) Discussion continued on how to provide opportunity for participation from design professionals
or other interested groups.
09:08:50 PM (03:13:45) Board members determine there was no motion on the floor and that discussion is too detailed
for the non-noticed bylaw item.
09:11:18 PM (03:16:12) Part Two – evaluation of additional public comment:
o R Pertzborn Comments 07-21-20
o W Fricke Comments 07-22-20
o Placeholder for Additional Comments (Updated as Received)
09:14:00 PM (03:18:55) MOTION to not make any changes based on the comments from Intrinsik Architecture and
make a change noted and suggested by staff based on Mr. Fricke’s comment: Richard Rudnicki
09:14:23 PM (03:19:18) MOTION SECONDED: Jen Madgic
09:16:13 PM (03:21:07) VOTE: Motion Carried Unanimously
G. 09:15:09 PM (03:20:04) FYI/Discussion
a. Community Plan timeline – Chris Saunders
H. 09:17:02 PM (03:21:57) Adjournment
For more information please contact Tom Rogers at TRogers@bozeman.net
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