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HomeMy WebLinkAbout07-14-20 Zoning Commission Minutes DRAFT Zoning Commission Tuesday, July 14th, 2020 at 6:00 PM This meeting will be held using Webex, an online videoconferencing system. You can join this meeting: Via Webex: https://bozeman.webex.com/bozeman/onstage/g.php?MTID=eae89fca713b0a09a885e1a672cca9f8a Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting Via Phone: This is for listening only if you cannot watch the stream or channel 190 United States Toll +1-408-418-9388 Access code: 146 271 1545 Public Comment: If you are interested in commenting in writing on items on the agenda, please send an email to agenda@ bozeman.net prior to 12:00pm on Thursday, July 14th, 2020. You may also comment by visiting the City's public comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and someone will call you during the meeting to provide an opportunity to comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the City's video page (click the Streaming Live in the drop down menu), and available in the City on cable channel 190. A. 06:00:32 PM (00:11:12) Call Meeting to Order & Roll Call Present Were:  Mark Genito  George Thompson (Acting Chair)  Chris Mehl (Commission Liaison)  Chris Saunders (Staff Liaison)  Nicole Olmstead  Tom Rogers (Staff Liaison)  Paul Spitler  Brian Heaston (City Staff)  Jessica Ahlstrom (City Staff)  Kelley Rischke (City Staff) B. Changes to the Agenda C. 06:02:03 PM (00:12:43) Approve Meeting Minutes  06-04-20 Minutes PDF  City Streaming (Meeting Videos) MOTION to approve meeting minutes from June 4th: Nicole Olmstead MOTION SECONDED 06:02:21 PM (00:13:02) VOTE: All in Favor – Motion Carried D. 06:02:35 PM (00:13:15) Disclosures E. 06:02:48 PM (00:13:28) 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. 06:07:26 PM (00:18:07) Ryan Krueger of Intrinsik Architecture (111 N. Tracy Ave) commented F. Action Items 06:09:18 PM (00:19:58) General Cover Memo for All Action Items related to the April 2020 Text Amendments, revising various sections of Ch. 38 BMC to address issues. Community Development Manager and City Planner Chris Saunders provided an update regarding the text amendments being reviewed by the Zoning Commission. 1. 06:11:04 PM (00:21:44) Ordinance 2048 – Revisions to mailed public notice procedures (#20035) (Saunders) Amendment to change responsible party to mail public notices in association with development projects and associated submittal requirements. • Ordinance 2048 Staff Report • Ordinance 2048 • A1 application form Planner Chris Saunders provided a brief overview of the text amendment modifying the mailed public notice process and recommended approval of the Ordinance. 06:16:31 PM (00:27:11) Planner Saunders responded to questions from board members regarding current process versus the proposed process. 06:21:41 PM (00:32:21) Public Comment Opportunity 06:23:32 PM (00:34:12) 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 20035, Ordinance 2048 and move to recommend approval of Ordinance 2048: Paul Spitler 06:23:41 PM (00:34:22) MOTION SECONDED 06:23:57 PM (00:34:37) VOTE: Motion Carried Unanimously 2. 06:24:19 PM (00:34:59) Ordinance 2041 – Revisions to review procedures for detached Accessory Dwelling Units in the R-S and R-1 zoning districts. (#20035) (Rishcke) Amendment to allow detached Accessory Dwelling Units in the R-S and R-1 zones to be reviewed as principal uses rather than special uses; no change to development standards. • Ordinance 2041 Staff Report • Ordinance 2041 • A1 application form 06:25:07 PM (00:35:47) Assistant City Attorney Kelley Rischke summarized and provided an overview of the criteria of evaluation for the proposed text amendment allowing detached accessory dwelling units. 06:27:10 PM (00:37:51) Ms. Rischke reviewed and addressed the public comment received. 06:32:30 PM (00:43:10) City staff responded to questions from board members regarding what is currently being proposed versus existing code. Mr. Saunders explained that the proposed change would make the process easier and less expensive for applicants. 06:40:48 PM (00:51:28) Acting Chair George Thompson asked about occupancy regulations and accessory dwelling units. Mr. Saunders explained the restrictions that apply to R-S and R-1 zones, requiring owner occupancy, but that those requirements do not apply to other zones. 06:43:47 PM (00:54:27) Public Comment Opportunity 06:44:27 PM (00:55:08) MOTION: Having reviewed and considered the proposed action in the Bozeman Community Housing Action Plan, staff report, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20035, Ordinance 2041, and move to recommend approval of the Text Amendment allowing detached accessory dwelling units as a principal use in residential suburban and residential low density zoning districts as presented in the staff-prepared Ordinance 2041 with the following amendment. In Table Note number 1 in Bozeman Municipal Code section 38.360.040, strike the words” The detached dwelling unit within which the AD”U is located, or the ADU itself, is actually and physically occupied as a principal residence by”. Insert the words, “must reside on site as their primary residence” at the end of the first full sentence so that the sentence, as amended reads: At least one owner of record who possesses at least an estate for life or a 50 percent fee simple ownership interest must reside on site ads their primary residence.: Mark Genito 06:45:57 PM (00:56:37) MOTION SECONDED: Paul Spitler 06:46:14 PM (00:56:54) Discussion Board members discussed the motion and shared whether they’d be supporting the amendment. 06:52:35 PM (01:03:16) VOTE: 3 For; 1 Against – Motion Carried 3. 06:53:13 PM (01:03:53) Ordinance 2043 – Revisions to Section 38.410.130 to update procedures for offsetting demand for water with new development. (#20035) (Saunders) Amendment to revise procedures for determining how much water is needed by development and providing a greater range of options for offsetting that demand. • Ordinance 2043 Staff Report • Ordinance 2043 • A1 application form Chris Saunders presented on behalf of Community Development and introduced Jessica Ahlstrom from Water Conservation and Brian Heaston from City Engineering. Mr. Saunders provided a summary of the proposed ordinance and explained that revisions have been made prior to this version based on feedback from the city’s Planning Board 06:57:38 PM (01:08:18) Public Comment Opportunity 06:58:06 PM (01:08:47) 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 20035 and move to recommend approval of Ordinance 2043 to revise water adequacy requirements as outlined in the draft Ordinance: Paul Spitler 06:58:32 PM (01:09:12) MOTION SECONDED: Mark Genito 06:58:43 PM (01:09:23) VOTE: Motion Carried Unanimously 4-0 4. 06:59:11 PM (01:09:51) Ordinance 2046 – Revisions to Section 38.310.040 to remove or revise restrictions on location of certain non-residential uses. (#20035) (Saunders) Amendment to the permitted uses tables in Section 38.310.040 and associated footnotes. • Ordinance 2046 Staff Report • Ordinance 2046 • A1 application form • Public Comment 06:59:28 PM (01:10:09) Chris Saunders presented on behalf of Bozeman Community Development, providing a summary of the amendment and explained that the change would be applicable in Commercial, Mixed-use, and Industrial zoning districts and would provide some additional flexibility. 07:03:51 PM (01:14:32) Planner Saunders responded to a question from Ms. Olmstead. A discussion on form based versus use-based code followed. 07:09:02 PM (01:19:42) Public Comment Opportunity 07:09:26 PM (01:20:07) 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 20035 and move to recommend approval of Ordinance 2046: Mark Genito 07:09:59 PM (01:20:39) MOTION SECONDED: Nicole Olmstead 07:10:20 PM (01:21:00) Mr. Thompson voiced support for the amendment and explained his reasoning. Board member Genito also voiced support. Ms. Olmstead voiced support and encouraged simplifying and clarifying the changes to be more concise. 07:13:26 PM (01:24:06) VOTE: Motion Carried 4-0 5. 07:13:40 PM (01:24:20) Ordinance 2045 – Revisions to Section 38.400.100 and Section 38.38.200.010 modifying street vision triangle (#20035) (Saunders) Amendment to allow the City Engineering to administratively alter the required dimensions of the street vision triangle under defined circumstances. • Ordinance 2045 Staff Report • Ordinance 2045 • A1 application form City Planner, Chris Saunders provided an overview of Ordinance 2045, amending the street vision triangle text. The change allows the City Engineer to administratively reduce the minimum size of the street vision triangle in certain circumstances. 07:17:17 PM (01:27:57) Mr. Genito asked whether this change would apply to existing or future intersections. Mr. Saunders answered that the standard requirements would apply unless a review was specifically requested due to a constraint. 07:19:30 PM (01:30:10) Public Comment Opportunity 07:20:09 PM (01:30:49) 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 20035, Ordinance 2045 and move to recommend approval of Ordinance 2045: Mark Genito 07:20:37 PM (01:31:18) MOTION SECONDED: Nicole Olmstead 07:21:06 PM (01:31:46) Mr. Genito commented that this change provided a reasonable amount of discretion as opposed to a one-size-fits-all approach. Following, Mr. Thompson shared that he agreed with allowing discretion in certain circumstances to provide flexibility. 07:22:43 PM (01:33:24) VOTE: Motion Carried 4-0 6. 07:23:05 PM (01:33:46) Ordinance 2042 – Revisions to Section 38.560.060 sign standards to allow additional sign area along alleys. (#20035) (Saunders) Amendment to allow an additional 9 square feet of sign area over and above otherwise allowed maximum sign area when the sign is adjacent an alley.. • Ordinance 2042 Staff Report • Ordinance 2042 • A1 application form 07:23:20 PM (01:34:00) City Planner, Chris Saunders introduced a text amendment proposing changes to allow additional signage along alleys in order to more clearly identify a location when approaching from the back of a building. Staff is recommending approval. 07:25:38 PM (01:36:18) Mr. Genito asked if there were regulations regarding size and type of sign. Mr. Saunders explained that there were regulations for size, location, and type of sign, but not content. 07:29:21 PM (01:40:01) Public Comment Opportunity 07:29:59 PM (01:40:39) 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 20035, Ordinance 2042 and move to recommend approval of Ordinance 2042: Mark Genito 07:30:10 PM (01:40:51) MOTION SECONDED: Paul Spitler 07:30:24 PM (01:41:05) Mr. Thompson commended City staff for trying to accommodate recommendations from the Downtown Business Association in order to provide more flexibility for businesses and voiced support. 07:31:23 PM (01:42:04) VOTE: Motion Carried 4-0 G. 07:31:53 PM (01:42:33) FYI/Discussion 1. Other Updates  Mayor Mehl shared that Planning Board would be considering the Community Plan (Growth Policy) draft on Tuesday, July 21st. H. 07:33:37 PM (01:44:17) 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).