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HomeMy WebLinkAbout06-04-20 Zoning Commission Minutes Zoning Commission Thursday, June 04, 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=e384b935888c2b2b92b613533584165ab 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: 967 291 208 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, June 4, 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. 06:01:40 PM (00:11:11) Call Meeting to Order & Roll Call  Chris Scott (Chairman)  Mark Genito  Mayor Chris Mehl (Commission Liaison)  Nicole Olmstead  Paul Spitler  George Thompson  Chris Saunders (Staff Liaison) B. 06:08:09 PM (00:17:40) Changes to the Agenda C. 06:08:16 PM (00:17:46) Approve Meeting Minutes  02.18.20 Minutes PDF  City Streaming (Meeting Videos) 06:08:27 PM (00:17:58) MOTION: Nicole Olmstead MOTION SECONDED: George Thompson 06:08:42 PM (00:18:13) VOTE: All in Favor – Motion Carried D. 06:09:13 PM (00:18:44) Disclosures E. 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. 06:10:51 PM (00:20:21) Blackwood Groves Annexation (#20020) (Saunders) The proposed annexation of 119 acre parcel immediately south of the Alder Creek Subdivision into the city with an REMU zoning. • 20020 Staff Report • 20020 Application Materials • 20020 Narrative • 20020 Maps 06:11:51 PM (00:21:21) City Planner Chris Saunders summarized the staff report findings and reiterated that what is being discussed is a Zone Map Amendment to establish initial zoning of property and that annexation, growth policy issues, subdivision design, and site plan development will be reviewed in future process. 06:22:45 PM (00:32:16) Planner Saunders reviewed the allowed uses in Residential Emphasis Mixed Use (REMU) Zoning Districts. Residential use must make up 70% with non-residential capped at 30%. He shared that an assigned zoning district is not a guarantee of approval for a specific use prior to the completion of project review. 06:27:59 PM (00:37:30) Planner Saunders reviewed the definition of Compatible Development 06:30:51 PM (00:40:22) Planner Saunders shared that staff found the application to meet criteria. Following, he responded to board questions. 06:31:22 PM (00:40:53) Paul Spitler asked about what would happen if the property were not annexed by the City. 06:37:51 PM (00:47:22) Board member George Thompson asked about how this project would be different than the REMU zoned area directly west of the MSU stadium. 06:42:07 PM (00:51:37) Board member Mark Genito asked about other REMU districts within the City of Bozeman and whether they’ve been successful in creating a diverse neighborhood. Planner Saunders shared that the zoning is relatively recent, established in 2011. 06:45:49 PM (00:55:20) Board Member Nicole Olmstead commented that the displeasure expressed with the project west of the stadium was due to a design standard issue rather than zoning issue. 06:46:31 PM (00:56:02) Planner Saunders responded to a question from Board Chair Chris Scott regarding the Planning Board’s vote on the Growth Policy Amendment. 06:48:49 PM (00:58:20) Commission Liaison, Mayor Chris Mehl asked about review criteria and which Community Plan (growth policy) was referenced during review. 06:54:49 PM (01:04:19) Grant Syth of Bridger Builders presented on behalf of the applicant for the Blackwood Groves Annexation application. Mr. Syth provided some background on Bridger Builders’ work in the community and the area surrounding the proposed annexation. 07:06:34 PM (01:16:04) Robb Berg on the applicant team reviewed the conceptual plans for the Blackwood Groves project including examples of trails and parks from other projects. Mr. Berg shared that residents can transition from high density residential options to single family homes within the development. 07:12:15 PM (01:21:46) Rob Pertzborn of Intrinsik Architecture spoke on behalf of the applicant and reviewed the history and purpose of REMU neighborhoods. Mr. Pertzborn quickly reviewed the annexation and zoning criteria and where the project is within the development entitlement process. 07:16:36 PM (01:26:06) Mr. Syth reviewed some of the proposed covenants which would serve to protect neighboring subdivision Alder Creek. 07:19:18 PM (01:28:49) Chairman Chris Scott opened for questions from board members for the applicants. Board member Genito confirmed the applicants supported the staff report findings; following he asked about the ratio between commercial and housing within the development. 07:24:13 PM (01:33:44) Board member Olmstead asked about the process to identify who in the community to get feedback from in the development process. Mr. Syth showed on the map which neighbors they reached out to through the HOA and Alder Creek residents he knew personally who passed the information forward to other neighbors. 07:27:20 PM (01:36:50) Board member Thompson asked about project financing and safeguards. Mr. Syth shared that they have key capital investors with little leverage. 07:31:45 PM (01:41:16) Chairman Scott asked how the zoning designation would serve and benefit the surrounding community? Mr. Berg shared that the small scale commercial opportunities will be convenient for residents and prevent them from having to drive far. 07:40:42 PM (01:50:12) No Public Comment 07:42:10 PM (01:51:40) 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 2020 and move to recommend approval of the Blackwood Groves Zone Map Amendment, with contingencies required to complete the application processing: George Thompson 07:42:37 PM (01:52:08) MOTION SECONDED: Paul Spitler 07:42:55 PM (01:52:26) Discussion Board member George Thompson voiced support for the project. Board member Genito shared that he’d like to see what REMU offers when a development is done well and voiced support for the annexation. Board member Paul Spitler shared that he felt the applicants had done an admiral job in addressing concerns and supported the motion. Board member Olmstead shared that she supported the motion and that REMU seems to be the next generation of development in the community. Chairman Chris Scott shared that he hoped the zoning would limit vehicular mobility and allow walking and biking to nearby services. 07:48:36 PM (01:58:07) Chairman Scott confirmed contingencies requiring that the Planning Board recommended to the City Commission to approve a plan amendment as well as the annexation of the property. Planner Saunders confirmed that those contingencies were in place. 07:50:02 PM (01:59:32) VOTE: All in Favor – Motion Carried Unanimously 2. 07:50:34 PM (02:00:05) R-O Zone Text Amendment ZTA (#19439) (Saunders) The proposed change to the UDC to allow all types of short-term rentals in the R-O Zone. • 19439 Staff Report • 19439 Application • 19439 Materials 07:50:56 PM (02:00:26) Planner Chris Saunders introduced and summarized the proposed text amendment affecting all Residential-Office zoning districts within the city. The proposed changes involve: adding general service establishments, restaurants, and retail to the allowed uses with size limits; to modify the description of RO zoning to add references to short term rentals, retail, and service activities; and to permit accessory and non- residential zoning districts of the Bozeman municipal code to add short term rental (type 3) as a principal use. 07:56:13 PM (02:05:43) Planner Saunders reviewed the zoning criteria of evaluation and next steps in the text amendment process. 08:00:59 PM (02:10:29) Planner Saunders responded to questions from board members regarding how the zone text amendment aligns with the growth policy. 08:01:38 PM (02:11:09) Board member Thompson voiced opposition to the addition of short term rentals and explained his reasoning. Following, he asked about removing the reference to short term rentals in the Ordinance. 08:08:46 PM (02:18:17) Board member Olmstead asked how the Growth Policy addresses the Community Housing Action Plan. 08:13:22 PM (02:22:52) Planner Saunders responded to Mayor Mehl’s question regarding why the Ordinance governing short term rentals wasn’t referenced in the staff report. A discussion followed. 08:18:57 PM (02:28:27) Project representative Chris Budeski of Madison Engineering spoke on behalf of the application. He reviewed the allowed short term rental uses allowed in RO zoned districts. Mr. Budeski argued that type 3 short term rentals (non-owner occupied) fit within the transitional zoning combining residential and small commercial services and referenced supporting code excerpts. 08:33:30 PM (02:43:00) Board member Thompson asked if a Bed & Breakfast or small hotel would be allowed in RO zoning. Mr. Budeski referenced the code to list commercial residential uses allowed in RO. 08:35:38 PM (02:45:08) Public Comment 08:37:00 PM (02:46:31) Ryan Krueger (111 N. Tracy Ave) of Intrinsik Architecture commented regarding RO zoning and short term rentals 08:40:28 PM (02:49:59) Discussion regarding the differences between the staff recommended motion and the applicant recommended motion (review). 08:41:56 PM (02:51:27) 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 19439 and move to recommend approval of the Text Amendment for the Expansion of Uses in the Residential Office (R-O) Zoning District as presented in the Staff-prepared Ordinance: Mark Genito 08:42:30 PM (02:52:01) MOTION SECONDED: Nicole Olmstead 08:42:50 PM (02:52:21) Discussion Board member Genito commended the staff report and supported the motion. 08:43:38 PM (02:53:09) Board member Olmstead disagreed with the applicant’s definition of a transition zone and said that the arguments made by the applicant already exist and that prioritizing owner occupied residents is important. 08:48:10 PM (02:57:41) Board member Thompson reiterated that he’d like to see type 3 short term rentals removed from the proposed zone text amendment. Planner Saunders clarified that staff does not support items 2, 3, and 4; only item 1 in the proposed text amendment, summarized in the staff report. Chairman Scott supported Ms. Olmstead’s comments against including type 3 short term rentals in RO zoning due to the impact on affordable housing. 08:53:14 PM (03:02:44) VOTE: All in Favor – Motion Carried Unanimously G. 08:53:52 PM (03:03:22) FYI/Discussion 1. Other Updates 08:54:08 PM (03:03:39) Mayor Mehl asked about Unified Development Code (UDC) updates. 08:55:05 PM (03:04:36) Board members discussed a potential board work session to discuss the UDC updates. H. 09:00:29 PM (03:10:00) 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).