HomeMy WebLinkAbout11-23-20 Zoning Commission Minutes DRAFT
Zoning Commission
Monday, November 23rd, 2020 at 6:00 PM | Virtual Meeting via WebEx
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A. 06:01:57 PM (00:10:22) Call Meeting to Order & Roll Call
Present Were:
Christopher Scott (Chairman)
Mark Genito
Nicole Olmstead
Paul Spitler
Tom Rogers (Staff Liaison)
Chris Saunders (City Staff)
B. 06:04:55 PM (00:13:20) Changes to the Agenda
C. 06:05:01 PM (00:13:26) Approve Meeting Minutes (NONE)
D. 06:05:06 PM (00:13:31) Disclosures
E. 06:05:14 PM (00:13:39) 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.
F. Action Items
1. 06:07:16 PM (00:15:41) Bozeman Cohousing Text Amendment (#20195) (Saunders)
Amending the allowed uses in the R-3 Medium Density Residential to R-O Residential Office zoning
districts to create a new residential configuration Apartment Building, Limited with associated
standards..
• 20195 Staff Report
• 20195 Application Materials
City Planner, Chris Saunders, presented the Zone Text Amendment on behalf of Bozeman Community
Development.
06:10:35 PM (00:19:00) Planner Saunders reviewed the five sections of the Unified Development which would
be amended.
06:17:02 PM (00:25:27) Planner Saunders reviewed proposed elements that staff did not agree with as well as
the Zoning Criteria of Evaluation.
06:22:08 PM (00:30:33) Commission members directed questions toward staff.
06:29:17 PM (00:37:42) Architect, Erik Bonnett, presented on behalf of the applicant. Mr. Bonnett reviewed the
type and quantity of homes possible in a single building. He also reviewed what is currently allowed in R-3
zoning versus proposed.
06:40:24 PM (00:48:49) Mr. Bonnett reviewed areas where the applicant disagreed with staff, including the
limited square footage with common space.
06:48:09 PM (00:56:34) Applicant, Erik Bonnett, responded to questions from Commission members.
07:00:32 PM (01:08:57) Public Comment Opportunity
07:01:19 PM (01:09:44) Anne Johnson (2649 Blackbird Dr.) asked Commission members to support the
amendment as proposed, citing benefits of common indoor space for those who may be limited.
07:03:20 PM (01:11:45) Brianne Rogers (399 Concord Dr.) voiced concern regarding unintentional changes to the
character of the neighborhood.
07:05:07 PM (01:13:32) Chad Welborn (4535 Fallon St.) supported the text amendment, saying Bozeman needs
options for creative solutions and flexibility in housing configurations that preserve character in zoning districts
with scale and mass.
07:06:23 PM (01:14:48) Karen Kitchen (3278 Hidden Springs Lane) supported the amendment as proposed by
the applicant. Ms. Kitchen stated that creative solutions will be necessary with the increased population in
Bozeman.
07:07:49 PM (01:16:13) Katherine Dayton (1214 E. Curtiss St.) supported the amendment as proposed, echoing
the reasons stated by previous commenters.
07:09:15 PM (01:17:40) Mark Owkes (318 S. 9th Ave) supported the proposed amendment, stating that small
homes are a good thing.
07:11:26 PM (01:19:51) Marni Rolston (Wagon Wheel Rd.) supported the amendment as proposed, stating this
is a good way to increase density, and create affordable communities and neighborhoods.
07:13:58 PM (01:22:23) Board member, Mark Genito asked about flexibility with common area square footage.
Planner Saunders did emphasize that homes can be as large as they’d like, within the building envelope. He also
shared that in Appendix A, a departure is possible, which is a tool used to address design limitations.
07:17:12 PM (01:25:37) Staff explained the justification for the 2,000 square foot restriction.
07:27:31 PM (01:35:56) MOTION: Having reviewed and considered the staff report, application materials, public
comment, and all information presented, I hereby adopt the findings presented by the applicant in 20195 and
move to recommend approval of the Bozeman Cohousing Text Amendment with contingencies required to
complete the application process.: Mark Genito
07:27:52 PM (01:36:17) MOTION SECONDED: Paul Spitler
07:28:05 PM (01:36:30) Commission members discussed the motion, stating that they prefer the added
flexibility proposed by the applicant. Chairman Christopher Scott stated that he would not be supporting the
motion, as there should be a limit on common space.
07:30:05 PM (01:38:30) Commission member, Paul Spitler stated that he felt that the limitations are necessary,
but that added flexibility is needed and permissible, and that for that reason, he will not be supporting the
motion.
07:31:34 PM (01:39:59) Nicole Olmstead stated that she was concerned that not having a threshold for common
open space would prevent predictability and that she won’t be supporting the motion.
07:32:40 PM (01:41:05) VOTE: 2 For; 2 Against: Motion failed
07:33:19 PM (01:41:44) 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 20195 and move to recommend approval of the Bozeman Cohousing Text Amendment, with
contingencies required to complete the application processing: Nicole Olmstead
07:34:00 PM (01:42:25) Discussion – Olmstead stated that she agreed with the 2,000 sq. foot limitation on
common open space, but opportunity for departure, if it’s justifiable. Others supported.
07:35:41 PM (01:44:06) VOTE: 4-0; Motion Carried Unanimously
2. 07:36:57 PM (01:45:22) Front Setback Definition Text Amendment, Ordinance 2061
(#20147) (Saunders)
Revise definitions and references to clarify a consistent meaning and application of front setbacks
in all zoning district. No changes to dimensional standards are included with this amendment.
Revise affected sections to implement the revisions.
• 20147 Staff Report & Draft Ordinance 2061
07:37:27 PM (01:45:52) City Planner, Chris Saunders introduced the application, initiated by the City of Bozeman
to address some “frequent flier” issues that are unclear. He clarified that it does not modify the setback or how
the code is applied, it is only intended to clarify and make more readily understandable.
07:40:53 PM (01:49:18) Planner Saunders showed a graphic that illustrates what is considered a “front setback”
07:41:12 PM (01:49:37) Commission members directed questions to staff. Commission members discussed
public comment submitted and Planner Saunders shared that he would be willing to review the suggestions and
consider additional clarification, barring no unintended consequences.
07:44:23 PM (01:52:48) Public Comment Opportunity
07:44:29 PM (01:52:54) Ryan Krueger provided public comment asking to take the opportunity while examining
this section of the code to consider other changes to add more clarification.
07:46:18 PM (01:54:43) Commission members discussed the proposed text amendment and the public
comment submitted. Chris Saunders suggested that Commission members add a recommendation to evaluate
inclusion of the comment when making the motion and ask that staff look closer at the comments.
07:50:07 PM (01:58:32) 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 20147 and move to recommend approval of Ordinance 2061; adding a request for staff to consider
the comments and – dated November 23rd, 2020 from Ryan Krueger and Tyler Steinway to determine whether
the additional clarification is appropriate prior to bringing the amendment forward to City Commission for
consideration: Nicole Olmstead
07:51:16 PM (01:59:41) MOTION SECONDED: Mark Genito
07:51:30 PM (01:59:55) Discussion
07:52:00 PM (02:00:24) VOTE: 4-0; Motion Carried Unanimously
3. 07:52:30 PM (02:00:54) Building Heights, Part 1 Text Amendment, Ordinance 2062
(#20147) (Miller)
Revise language for clarity and consistent application of first floor required height standards in
five non-residential zoning districts, and revise paragraph a.1 of subchapter 4b of the Bozeman
Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District. No
changes to maximum height dimensional standards are included with this amendment. Revise
affected sections to implement the revisions.
• 20147 Staff Report & Draft Ordinance 2062
07:53:05 PM (02:01:30) City Planner, Jacob Miller, introduced the proposed amendment which is an editorial
cleanup amendment to offer additional clarity, specifying that the restriction only applies to the ground floor
and how the height will be measured.
07:56:04 PM (02:04:29) Planner Miller reviewed the Zoning Criteria of Evaluation and public comment received.
07:57:09 PM (02:05:34) Commission Members directed questions toward Planner Miller.
08:00:11 PM (02:08:35) Public Comment Opportunity
08:00:53 PM (02:09:18) 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 20147 and move to recommend approval of the Building Heights Part 1 Text Amendment, with
contingencies required to complete the application processing: Mark Genito
08:01:19 PM (02:09:44) MOTION SECONDED: Nicole Olmstead
08:01:27 PM (02:09:51) Motion Discussion
08:02:35 PM (02:10:59) VOTE: 4-0; Motion Carried Unanimously
4. 08:03:09 PM (02:11:34) Entryway Facing Street Text Amendment, Ordinance 2063
(#20147) (Rogers)
Clarify the intent of a portion of Ordinance No. 1978 stating that building entries must face the
street for new Single, two, three, and four-household dwellings. No changes to dimensional
standards are included with this amendment. Revise affected sections to implement the revisions.
• 20147 Staff Report & Draft Ordinance 2063
08:03:14 PM (02:11:39) City Planner, Tom Rogers, shared that they are working to provide additional
clarification and transparency to the code section referring to 1-4 residential unit structures, not apartment
buildings.
08:05:56 PM (02:14:21) Planner Rogers reviewed the Unified Development Code changes included in the
ordinance.
08:07:45 PM (02:16:10) Planner Rogers reviewed the Zoning Criteria of Evaluation and public comment received.
08:09:41 PM (02:18:06) Committee Members directed questions toward City Staff. Planner Rogers explained the
intent of the change.
08:15:05 PM (02:23:30) Public Comment
08:15:18 PM (02:23:43) Jerry Pape (11 N. 25th Ave) commented regarding “snout houses” where garage doors
are out in front of the front façade of a property. Mr. Pape commented that the garage doors provide privacy
and that the front facing porches still provide community interaction.
08:22:58 PM (02:31:23) 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 20147 and move to recommend approval of Ordinance 2063: Nicole Olmstead
08:23:29 PM (02:31:54) MOTION SECONDED: Paul Spitler
08:24:38 PM (02:33:03) Motion Discussion – Commission members deliberated on whether this change was too
restrictive.
08:28:24 PM (02:36:49) VOTE: 1 For; 3 Against: Motion Failed
G. 08:29:32 PM (02:37:57) FYI/Discussion
1. Other Updates
H. 08:29:42 PM (02:38:07) Adjournment
For more information please contact Tom Rogers at TRogers@bozeman.net. This board generally meets the
second and fourth Monday 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).