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Home My WebLink AboutCD Board Meeting Minutes 05-16-22Bozeman Community Development Meeting Minutes, May 16, 2022 Page 1 of 7 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES May 16, 2022 Present: Gerald Pape, Allison Bryan, Brady Ernst, Henry Happel, John Backes, Stephen Egnatz, Jennifer Madgic Absent: Nicole Olmstead For more information please contact Anna Bentley, abentley@bozeman.net General information about the Community Development Board is available in our Laserfiche repository. A) 00:03:21 Call to Order - 6:00 pm Meeting started on time. B) 00:04:21 Disclosures There were no disclosures. C) 00:04:30 Changes to the Agenda One change to the agenda suggested by Anna Bentley, Action Item F1 continued to the Community Development board meeting on June 6th. 00:04:49 Motion I move to continue the hearing for application 21-442 to Monday, June 6th, 2022. Gerald Pape: Motion Jennifer Madgic: 2nd 00:05:36 Vote on the Motion to continue I move to continue the hearing for application 21-442 to Monday, June 6th, 2022.. The Motion carried 7 - 0 Approve: Gerald Pape Allison Bryan Brady Ernst Bozeman Community Development Meeting Minutes, May 16, 2022 Page 2 of 7 Henry Happel John Backes Stephen Egnatz Jennifer Madgic Disapprove: None D) 00:06:35 Approval of Minutes D.1 00:06:47 Approve the Meeting Minutes from May 2, 2022 CD Board Meeting Minutes 050222.pdf 00:06:56 Motion Approval of minutes as submitted. Stephen Egnatz: Motion Jennifer Madgic: 2nd 00:07:10 Vote on the Motion to approve Approval of minutes as submitted.. The Motion carried 7 - 0 Approve: Gerald Pape Allison Bryan Brady Ernst Henry Happel John Backes Stephen Egnatz Jennifer Madgic Disapprove: None 00:06:58 Motion D) Approval of Minutes Stephen Egnatz: Motion Jennifer Madgic: 2nd 00:07:18 Vote on the Motion to approve D) Approval of Minutes. The Motion carried 7 - 0 Approve: Gerald Pape Allison Bryan Brady Ernst Henry Happel John Backes Stephen Egnatz Jennifer Madgic Disapprove: Bozeman Community Development Meeting Minutes, May 16, 2022 Page 3 of 7 None Present: Gerald Pape, Allison Bryan, Brady Ernst, Nicole Olmstead, Henry Happel, John Backes, Stephen Egnatz, Jennifer Madgic Absent: Padden Guy Murphy 00:07:55 Board member Olmstead joined the meeting. E) 00:08:26 Public Comments 00:10:08 No public comment was offered. F) 00:10:34 Action Items F.2 00:10:46 Ordinance 2108, Well Use Requirement Update the City of Bozeman (City) regulations for review of subdivisions to conform to the Montana Subdivision and Platting Act, recently updated by the State Legislature, Application 22137. 22137 CDB Staff Report Final.pdf Ordinance 2108_Irrigation Water Supply for Review.pdf 00:11:09 Planner Tom Rogers provided an introduction for the presentation of Ordinance 2108. 00:12:14 Engineer Brian Heaston and Water Conservation Program Manager Jessica Ahlstrom presented on recent updates to the Montana Subdivision and Platting Act and its impacts on the City of Bozeman and provided clarification on specific elements that are impacted. A zone text amendment is proposed to bring the City's regulations into compliance with the changes. 00:26:26 The board posed questions to staff. 00:52:29 Planner Tom Rogers presented on the ordinance's impacts and identified specific changes to the Bozeman Municipal Code. 00:59:51 The board posed questions to staff. 01:06:30 Mary Wictor, 1504 Boylan Road, provided public comment on the zone text amendment. 01:12:27 Motion Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22137 and move to recommend approval of Ordinance 2108. Gerald Pape: Motion Gerald Pape: 2nd Bozeman Community Development Meeting Minutes, May 16, 2022 Page 4 of 7 01:20:49 Vote on the Motion to approve Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22137 and move to recommend approval of Ordinance 2108.. The Motion carried 7 - 1 Approve: Gerald Pape Allison Bryan Brady Ernst Henry Happel John Backes Stephen Egnatz Jennifer Madgic Disapprove: Nicole Olmstead F.3 01:22:27 Ordinance 2111, Departures for Housing Creation, Consider and Recommend to City Commission a New Section 38.320.070 to Authorize Additional Administrative Flexibility In Administration of Specified Residential Standards and Create Definitions for Infill and Missing Middle Housing, Application 22133. 01:22:56 Planner Tom Rogers presented Ordinance 2111 and its impacts on the Bozeman Municipal Code. 22133 CDB Staff Report - Departures.pdf Ordinance 2111 Departures (DRAFT).pdf 22133 Departures amendments - e-news.pdf 01:31:28 The board posed questions to staff. 02:15:23 Mary Wictor, 1504 Boylan Road, offered public comment on the zone text amendment. 02:19:02 Mark Egge, 542 N. Black Street, offered public comment on the zone text amendment. 02:22:00 Marcia Kaveny, 1496 Boylan Road, offered public comment on the zone text amendment. 02:30:36 Motion Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22133 and move to recommend approval of Ordinance 2111. Allison Bryan: Motion John Backes: 2nd 02:31:20 Motion Amendment to motion. Modify language to state that, "ADUs may be permitted on any lot in a district where ADUs are an allowed use that meets the lot size and setback requirements for the principal structure except for lots under 3000 square feet in area or lots containing attached town homes without the requirement for 1000 square feet of additional area." Jennifer Madgic: Motion Bozeman Community Development Meeting Minutes, May 16, 2022 Page 5 of 7 Gerald Pape: 2nd 02:34:33 Vote on the Motion to amend Amendment to motion. Modify language to state that, "ADUs may be permitted on any lot in a district where ADUs are an allowed use that meets the lot size and setback requirements for the principal structure except for lots under 3000 square feet in area or lots containing attached town homes without the requirement for 1000 square feet of additional area.". The Motion carried 8 - 0 Approve: Gerald Pape Allison Bryan Brady Ernst Nicole Olmstead Henry Happel John Backes Stephen Egnatz Jennifer Madgic Disapprove: None 02:35:20 Motion Modify criteria 3 of the criteria of approval within the departures to be mandatory by changing "or" to "and" at the end of the item, and change proceeding language to "... must determine that criteria 1, 2, and 3; and least one of criteria 4 and 5 are met". Gerald Pape: Motion Henry Happel: 2nd 02:41:45 Vote on the Motion to amend Modify criteria 3 of the criteria of approval within the departures to be mandatory by changing "or" to "and" at the end of the item, and change proceeding language to "... must determine that criteria 1, 2, and 3; and least one of criteria 4 and 5 are met".. The Motion failed 1 - 7 Approve: Nicole Olmstead Disapprove: Gerald Pape Allison Bryan Brady Ernst Henry Happel John Backes Stephen Egnatz Jennifer Madgic 02:44:44 Motion Modify language within the criteria for approval within the departures to delete the existing criteria 3, renumber criteria 4 and 5 to 3 and 4, and change proceeding language to "... must determine that criteria 1 and 2; and at least one of criteria 3 and 4 are met. In addition, for the Bozeman Community Development Meeting Minutes, May 16, 2022 Page 6 of 7 departure to be approved, the city must determine that any negative impacts on the surrounding property are insignificant in comparison with the positive effects of approving the departure". Henry Happel: Motion Jennifer Madgic: 2nd 02:51:03 Vote on the Motion to amend Modify language within the criteria for approval within the departures to delete the existing criteria 3, renumber criteria 4 and 5 to 3 and 4, and change proceeding language to "... must determine that criteria 1 and 2; and at least one of criteria 3 and 4 are met. In addition, for the departure to be approved, the city must determine that any negative impacts on the surrounding property are insignificant in comparison with the positive effects of approving the departure".. The Motion carried 7 - 1 Approve: Gerald Pape Allison Bryan Brady Ernst Nicole Olmstead Henry Happel John Backes Jennifer Madgic Disapprove: Stephen Egnatz 02:55:04 Vote on the Motion to approve Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22133 and move to recommend approval of Ordinance 2111.. The Motion carried 7 - 1 Approve: Gerald Pape Allison Bryan Brady Ernst Nicole Olmstead Henry Happel Stephen Egnatz Jennifer Madgic Disapprove: John Backes G) 02:55:55 FYI/Discussions G.1 02:56:11 Upcoming Items for June 6, 2022 Community Development Board meeting. G.2 02:56:53 Community development report ComDev Report March 2022.pdf Bozeman Community Development Meeting Minutes, May 16, 2022 Page 7 of 7 H) 02:58:03 Adjournment Meeting Adjourned