The URL can be used to link to this page

Home My WebLink About05-24-21 Zoning Commission Agenda & Packet MaterialsA.Call meeting to order B.Disclosures C.Approval of Minutes C.1 Minutes Approval for 04-12-21(Rogers) D.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 THE ZONING COMMISSION OF BOZEMAN, MONTANA ZC AGENDA Monday, May 24, 2021 WebEx Meeting Information Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=eee8d5d60bf0e5baa61e72782e999cede 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 • Call-in toll number (US/Canada ): 1-650-479-3208 • Access code: 182 791 9642 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 4:00pm on Monday, May 24th, 2021. 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. 1 limit your comments to three minutes. E.Special Presentation F.Action Items F.1 Election of Officers of the Zoning Commission. Rules require the Commission to elect a Chairman and Vice Chair on an annual basis, typically early in a new year.(Happel) F.2 Ongoing zoning training session titled, Bozeman Community Plan 2020.(Saunders/Rogers) G.FYI/Discussion H.Adjournment For more information please contact Tom Rogers at trogers@bozeman.net This board generally meets the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM Committee 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). 2 Memorandum REPORT TO:Zoning Commission FROM:Taylor Chambers SUBJECT:Minutes Approval for 04-12-21 MEETING DATE:May 24, 2021 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Suggested Motion: I move to approve the meeting minutes from April 12, 2021 STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:None UNRESOLVED ISSUES:None ALTERNATIVES:1. Approve meeting minutes with corrections 2. Do not approve meeting minutes FISCAL EFFECTS:None Attachments: 04-12-21 Zoning Commision Minutes DRAFT.pdf Report compiled on: April 20, 2021 3 Bozeman Zoning Commission Meeting Minutes, 04-12-21 Page 1 of 8 THE ZONING COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, April 12th, 2021 00:01:02 WebEx Meeting Information A) 00:02:15 Call meeting to order Present: Nicole Olmstead, Mark Genito, George Thompson, Kirsa Shelkey, Christopher Scott Absent: None B) 00:03:28 Disclosures C) 00:03:39 Approval of Minutes C.1 Minutes Approval for 03-22-21 03-22-21 Zoning Commission Minutes DRAFT.pdf 00:04:09 Motion C) Approval of Minutes Mark Genito: Motion George Thompson: 2nd 00:04:19 Vote on the Motion to approve C) Approval of Minutes. The Motion carried 5 - 0 Approve: Nicole Olmstead Mark Genito George Thompson Kirsa Shelkey Christopher Scott Disapprove: None 4 Bozeman Zoning Commission Meeting Minutes, 04-12-21 Page 2 of 8 D) 00:04:29 Public Comment No public comment at this time. E) 00:05:45 Action Items E.1 00:05:50 NorthWestern Energy Glen Lake 2021 Zone Map Amendment to Amend the Zoning Map from PLI, Public Lands and Institutions, to M-1, Light Manufacturing, on approximately 5.46 acres, located at the North End of Rouse Avenue 560 Feet North of Griffin Drive, Application 21011 21011 ZC ZMA_staff_report - Glen Lake ZMA.pdf Combined Application Packet.pdf 00:06:23 Staff Presentation City Planner Chris Saunders presented to the board on the Zone Map Amendment for NWE Glen Lake where he outlined the reasoning for the applicant wanting to change the zoning, what the zone map would like should the item be approved and recommended that the amendment is consistent with the Zoning Criteria of Evaluation and that there are no restrictions on approval. 00:10:11 Board Questions Board members directed questions to Planner Saunders regarding why the land was exchanged between NorthWestern Energy and The City, continued access to N. Rouse, future land use, the existing land uses, impact on water and parks in the area, and flood hazard to the property. 00:21:26 Applicant Presentation Danielle Scharf with Sanderson Stewart presented on behalf of the applicant (NorthWestern Energy) where she outlined plans for the property and the contingencies present for the property exchange between the two entities. 00:25:34 Board Questions Board members directed questions to the applicant regarding road access, possible alternative uses that may come from a zone change, utility access, and floodplain regulations. 00:42:13 Public Comment Opportunity No public comment at this time. 00:43:52 Board Discussion Board member Olmstead commented that she is struggling with the zoning designation that would allow light manufacturing with surrounding residential areas. Chairman Scott commented on issues that he has with allowing this zone change as there are flood dangers in the area and voiced the belief that the area should remain with the current zoning. 5 Bozeman Zoning Commission Meeting Minutes, 04-12-21 Page 3 of 8 Board member Genito voiced concern over the City no longer having regulation over what is stored on the property once it is turned over to NorthWestern Energy and asked Planner Saunders to speak more to the agreement that the City has made with NorthWestern Energy. Board member Thompson voiced concerns over public access to the Glen Lake area as well as the floodplain designation. Chairman Scott reminded board members to focus on the Zone Map Amendment, as they do not have jurisdiction over the direct uses of the property, only over allowing for a zone change. 00:57:24 Motion Recommended Zoning Commission 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 21011 and move to approve the NorthWestern Energy Glen Lake 2021 Zone Map Amendment with contingencies required to complete the application processing. Mark Genito: Motion George Thompson: 2nd Board member Olmstead provided findings in opposition of the Zone Map Amendment stating that she disagrees with the findings in the staff report. Board member Shelkey commented that she is uncomfortable with the idea of turning this piece of land into a private storage facility. Chairman Scott echoed board member Olmstead's comments and stated that the flood risks are too great in the area and he does not find that the Zone Map Amendment fits criteria and recommended that the City reclaim the piece of land for its natural purposes. Board member Thompson commented that he is uncertain about expanding into a floodplain area but warned against "sacrificing the good for the perfect" as well as pointing out that they need to be looking at what is going to make the most use out of the land for the coming years and commented that the ability to access the roadway into Glen Lake is going to be beneficial for the public. 01:09:53 Vote on the Motion to approve Recommended Zoning Commission 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 21011 and move to approve the NorthWestern Energy Glen Lake 2021 Zone Map Amendment with contingencies required to complete the application processing. The Motion failed 1 - 4 Approve: George Thompson Disapprove: Nicole Olmstead Mark Genito Kirsa Shelkey 6 Bozeman Zoning Commission Meeting Minutes, 04-12-21 Page 4 of 8 Christopher Scott E.2 01:10:11 The Four Points Zone Map Amendment application to rezone two existing parcels from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density) on 36.117 acres, Application 21005. Staff report ZC - Four Points ZMA No. 21005.docx Form A1 - Development Review Application 01-06-21.pdf ZMA Application Narrative 01-06-21.pdf Four Points ZMA Exhibit 01-12-21.pdf Plat 475_2.TIF 01:10:13 Staff Presentation Planner Tom Rogers presented to the board on the Four Points Zone Map Amendment where he outlined the property in question as well as the surrounding areas, the existing future land use, the community plan for future land use designation, current land use, the intended uses of R-4 and R-5 zoning, a recommended that the application meets the Zoning Criteria of Evaluation. 01:18:30 Board Questions Board members directed questions to staff regarding open space designations, residential in the surrounding area, and transportation networks in the surrounding area. 01:33:34 Applicant Presentation Engineer Chris Budeski presented on behalf of the applicant regarding the zone map amendment application where he outlined the reasoning for the applicant to apply for a zone map amendment, amenities that would be provided by the allowance of an R-5 development, and addressed the wetlands on the property. Applicant Steve Moore presented on behalf of the owners of the property where he outlined plans for the subdivision intended to be developed on the property. 01:45:19 Board Questions Board members directed questions to the applicant. 01:51:45 Public Comment Ron Wolfe commented in opposition of the zone map amendment. 01:55:33 Applicant Response Applicant Moore and Engineer Budeski responded to public comment. 01:58:22 Board Discussion 7 Bozeman Zoning Commission Meeting Minutes, 04-12-21 Page 5 of 8 01:59:15 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 20-389 and move to approve the Nexus Point 2021 Zone Map Amendment, with contingencies required to complete the application processing. George Thompson: Motion Mark Genito: 2nd Board member Thompson spoke to his motion and mentioned that he will be supporting the project. Board member Olmstead commented that the applicant did not mention the desire to create a neighborhood in their application and that the presentation from the applicant was hard to follow but that she was in support of the staff report. Board member Shelkey echoed board member Olmstead's comment but mentioned that she will be supporting the application. Chairman Scott commented that he will be supporting the motion and that he believes that R-5 zoning will be beneficial to the community and added that he adopts staff findings as his own. 02:09:46 Vote on the Motion to approve 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 20-389 and move to approve the Nexus Point 2021 Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 5 - 0 Approve: Nicole Olmstead Mark Genito George Thompson Kirsa Shelkey Christopher Scott Disapprove: None E.3 02:09:59 Form and Intensity Standards Update Text Amendment, Ordinance 2070 to Revise the Bozeman Municipal Code to Increase the Allowable Height in Several Zoning Districts to Account for a Change in Construction Industry Standards and to Increase the Height in R-O and B-2 to Allow for an Additional Story, Reduce the Number of Roof Pitch Categories and Change the Location of Commercial Front Setback Designations. Revise Affected Sections to Implement the Revisions. Ordinance 2070 Form & Intensity Standards Update SR ZC.pdf Ordinance 2070 Form & Intensity Standards Update .pdf 03-23-21 Public Comment - R. Lateiner - B-2 Zoning Height Changes.pdf 03-26-21 Public Comment - J. Allen - Ordinance 2070.pdf 03-30-21 Public Comment - L. Dornberger - Ordinance 2070.pdf 03-23-21 Public Comment - C. Franklin - Ordinance 2070.pdf 03-23-21 Public Comment - G. Allen - Ordinance 2070.pdf 8 Bozeman Zoning Commission Meeting Minutes, 04-12-21 Page 6 of 8 03-23-21 Public Comment - M. Delaney - Ordinance 2070.pdf 02:12:09 Chairman Scott extended the meeting allowing for the additional action items to be presented. 02:10:14 Staff Presentation City Planner Jacob Miller presented to the board the Form and Intensity Standards Update where he outlined the changes that would be made to allowable building heights in most zoning districts within the City as well as changes to the commercial front setback requirements and recommended that the update meets the Zoning Criteria of Evaluation. 02:19:51 Board Questions None 02:20:19 Public Comment Opportunity No public comment at this time 02:21:10 Board Discussion 02:21:57 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 21-040 and move to recommend approval of the Form and Intensity Standards Update Text Amendment, with contingencies required to complete the application processing. George Thompson: Motion Mark Genito: 2nd Board member Thompson spoke to his motion and commented that he will be supporting the motion. Chairman Scott echoed board member Thompson's comment and added that he will be supporting the motion. Board member Olmstead added that it may be a good idea to circle back and see if this incentive was helpful in encouraging diversification of housing types. Board member Genito spoke to his second and mentioned that he will be supporting the motion. 02:26:24 Vote on the Motion to approve 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 21-040 and move to recommend approval of the Form and Intensity Standards Update Text Amendment, with contingencies required to complete the application processing. The Motion carried 5 - 0 Approve: Nicole Olmstead Mark Genito 9 Bozeman Zoning Commission Meeting Minutes, 04-12-21 Page 7 of 8 George Thompson Kirsa Shelkey Christopher Scott Disapprove: None E.4 02:26:34 Repeal and Replace Division 38.270 – Improvements and Guarantees – of the Bozeman Municipal Code to Allow Greater Flexibility to Concurrently Construct Improvements and Development Projects, Require Installation of Sidewalks Commensurate with All Other Improvements to Provide Accessibility for Everyone, and to Generally Clean up the BMC. Ordinance 2074 Div 38 270 Improvements and Guarantees.pdf Ord 2074 PB ZC Staff Report.pdf 02:26:36 Staff Presentation City Attorney Kelley Rischke presented to the board on the amendment, mentioning that most of the changes are cleaning up of language, as well as some policy changes that will occur with Improvement Agreements such as allowing more flexibility for concurrent construction, requiring the installation of sidewalks within one year and adding stormwater as required infrastructure. Attorney Rischke recommended that the amendment fits the Zoning and Subdivision Criteria. 02:34:50 Board Questions Board members asked questions of staff regarding qualifications for concurrent construction, maintenance of stormwater by property owners and the costs involved with that, and maintenance of parks by property owners associations. 02:53:20 Public Comment No public comment at this time 02:53:57 Board Discussion 02:54:50 Motion Recommended 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 21040 and move to recommend approval of Ordinance 2074. Mark Genito: Motion George Thompson: 2nd Board member Genito spoke to his motion and mentioned that he will be supporting the motion. Board member Thompson spoke to his second. Chairman Scott concurred 10 Bozeman Zoning Commission Meeting Minutes, 04-12-21 Page 8 of 8 02:55:58 Vote on the Motion to approve Recommended 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 21040 and move to recommend approval of Ordinance 2074. The Motion carried 5 - 0 Approve: Nicole Olmstead Mark Genito George Thompson Kirsa Shelkey Christopher Scott Disapprove: None F) 02:56:23 FYI/Discussion Commissioner Madgic updated the board on upcoming events with the Planning Board and reminded board members that there is an upcoming joint meeting with the Planning Board. Chairman Scott asked members to overlook bylaws and asked that members vote on the chair and vice chair next meeting as he has been the acting chair, but has not been nominated officially as the chair. Board Member Olmstead inquired about the possibility of consolidated boards and the progress of the Buffalo Run Annexation. Planner Saunders reminded board members that the next meeting on the 26th will be a joint meeting with the Planning Board. Staff Liaison Rogers clarified that CAHAB will not be attending the joint meeting and that it will be more of a work session rather than an action item. G) 03:08:01 Adjournment For more information please contact Tom Rogers at trogers@bozeman.net. This board generally meets the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM 11 Memorandum REPORT TO:Zoning Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager SUBJECT:Election of Officers of the Zoning Commission. Rules require the Commission to elect a Chairman and Vice Chair on an annual basis, typically early in a new year. MEETING DATE:May 24, 2021 AGENDA ITEM TYPE:Administration RECOMMENDATION:I hereby move to recommend that ____________ be appointed as Chairman. I hereby move to recommend that ____________ be appointed as Vice Chairman. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:Pursuant to section 2 of the Zoning Commission Rules of Procedures, each year the commission shall appoint by majority vote, a chairman and vice chairman. The chair shall be the presiding officer of the commission. During the absence of the chairman, the vice chairman shall discharge the duties and exercise the power and authority of the chairman. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:Undetermined Report compiled on: May 18, 2021 12 Memorandum REPORT TO:Zoning Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager SUBJECT:Ongoing zoning training session titled, Bozeman Community Plan 2020. MEETING DATE:May 24, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:None STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The City continues to offer opportunities to learn about City process, standards, and codes. The Zoning Commission is an integral component of the ongoing efforts of the City to promote an engaged citizenry. The City offers a variety of opportunities to learn from staff on particular subject areas. This session is a part of ongoing effort to ensure all Commission members have the tools they need to be informed and prepared in their roles as Zoning Commission members. On November 17, 2020 the City Commission replaced the City's Growth Policy or Community Plan by adopting Resolution No. 5133. The community plan (the Plan) is a fundamental policy document guiding further growth and community development in Bozeman. It sets forth Bozeman's future growth policy for land-use and development. The purpose of the Plan is to guide the City’s community planning and to evaluate and prioritize the City’s actions moving forward. It reflects the community’s shared values and priorities. The Plan is the City’s long-range growth policy that meets the statutory requirements of Section 76-1-601 of the Montana Code Annotated. The purpose of this presentation and discussion is provide a general framework of the content and function of the Community Plan. The document is organized in five (5) chapters with supporting appendices. The Bozeman Planning Board was responsible for creating the document and made a concerted effort to to focus the goals and objectives to land use and reference the other city plans rather than include all functions of the city into the Plan. In addition tot he narrow focus of the Plan, considerable effort to measure its success is integrated in chapter four (4), Implementation. Two primary implementation tools are text and map amendments which are 13 primary duties of the Zoning Commission. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: February 18, 2021 14