HomeMy WebLinkAbout01-04-05 Planning Board & Zoning Commission Minutes.docJOINT MEETING
THE CITY OF BOZEMAN
ZONING COMMISSION AND PLANNING BOARD
TUESDAY, JANUARY 4, 2005
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
President Harry Kirschenbaum called the meeting to order at 7:05 p.m. and directed the secretary to record the attendance. Chairperson Ed Musser called the Zoning Commission to order
at 7:05 p.m. and stated President Kirschenbaum would chair both meetings.
Members Present Staff Present
Mark Evans Chris Saunders, Associate Planner
Dave Jarrett Andrew Epple, Director, Planning and Community Development
Harry Kirschenbaum Carol Schott, Recording Secretary
Jeff Krauss
Ed Musser
JP Pomnichowski
Cliff Chisholm
Visitors Present
(None)
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.}
President Kirschenbaum called for public comment, and having no audience members, he closed the public comment portion of the meeting.
ITEM 3. MINUTES OF DECEMBER 21, 2004
President Kirschenbaum called for corrections or additions to the minutes of December 21, 2004, and hearing none he declared they stand approved as read.
ITEM 4. PRESENTATION BY CITY MANAGER, CHRIS KUKULSKI ~ ½ HOUR
Chris Kukulski introduced himself to the Board and Commission. He discussed the proposed Unified Development Ordinance (UDO) changes which affect the Planning Board and Zoning Commission.
He discussed philosophical issues including the widespread duties of some of City staff, how our “regional center” community will look when it is twice the current size, and limiting
public hearings to just the Planning Board/Zoning Commission, with the final decision to be made at the City Commission level. He noted he is an advisor to the City Commission, the
City Commission is the decision making body. He stated his goal is to use the boards and commissions as part of the decision making, and with accountability.
Mr. Kukulski discussed the establishment of a Board of Adjustments (BOA) to review, conduct the public hearing, and decide on deviations, variances, and special permits. Ms. Pomnichowski
asked if the BOA would be an appointed board. Mr. Kukulski noted it would be a Commission appointed board. Ms. Pomnichowski suggested that would create a governing body to make decisions
on projects whose property owners had no voice in choosing the board members. Mr. Kukulski noted, in other states, Planning Boards make the final decisions on subdivision plats. He
noted the discussion during the meeting of this Board and Commission with City Commission on January 24th will help determine how the duties of boards and commissions could be expanded.
He described the goals determined by the City Commission for the City. He stated the tax structure is limiting methods for implementing needed improvements. Mr. Jarrett noted the
positive, encouraging feed back received today is very important to the Board/Commission. Mr. Chisholm noted he concurred that city government and the market place are partners, and
planning and the role of government in planning are important in the dynamics of the market place.
ITEM 5. UDO REVISIONS
UDO Policy Edits requested for further consideration.
Associate Planner Saunders noted these are the last edits to come before the Board/Commission until other edit comments have been received from the advisory boards. The minutes of
tonight’s and previous meetings will be forwarded, along with the edits reviewed to date, to City Commission following the approval of these minutes on January 19th.
Edit #9 – Mr. Chisholm noted he would support Option A as it pointedly states some of the features. The vote for Option A was 6-1, with Ms. Pomnichowski voting against. She noted Option
A clearly depicts the subjectivity of the edit. She stated the language does not make more clear what is already in the UDO. Mr. Chisholm noted Option A makes the UDO more user friendly
as it alerts the user that other issues may come into play. Planner Saunders noted the most often asked question is, “What can I do in a certain zoning district?” It is to provide
people with enough of an advisory that there are other factors which govern lot size. Mr. Krauss stated a simpler way to state the option might be to slightly change the wording following
“…minimum may be needed,” to, “for example, for corner lots, or larger residential structures, or property adjacent to watercourses, ridgelines or other environmental features in order
to provide an appropriate buildable area on the lot.” Mr. Jarrett noted the lot buyer should do his/her homework. A reconsideration of the edit was taken using Mr. Krauss’ wording.
The vote was 6-1, with Ms. Pomnichowski voting no.
Edit #53 – Planner Saunders explained Staff’s rational for opposing the edit. He noted that the Master Site Plan could lock in some of the details and guarantee those details for the
life of the site plan. All other details would come under the code provisions in force at the time of preliminary site plan. Director Epple concurred and described how the level of
entitlements created by an approval is directly proportional to the level of detail in the applciation. Mr. Jarrett noted the time limit may not be long enough for very large developments.
Mr. Chisholm noted the level of detail is very broad in a Master Site Plan. The vote for the option from the UDO group was 2-5 with Dave Jarrett and Mark Evans voting for.
Edit #56 – Planner Saunders noted the edit is redundant to section 18.64.140. The vote for
Option 1 was 4-3 with Mr. Chisholm, Mr. Musser, and Ms. Pomnichowski voting against.
Edit #79 – The vote was 7-0 for the Staff wording on the memo dated December 21, 2004.
Edit #93-94 – Planner Saunders explained Staff’s rationale on the December 29th memo. The vote was 7-0 for the edit as proposed by Staff on December 29, 2004 memo.
Edit #179 – Planner Saunders noted Staff did suggest language for the edit. Ms. Pomnichowski noted she was for the original edit to include the IBC definition in the UDO. Mr. Chisholm
explained that he was in favor of Staff’s recommended wording. Director Epple suggested the wording, “Group R occupancies per the most current IBC definition.” Ms. Pomnichowski suggested
including a broad definition in the UDO. Director Epple suggested the definition be in the text rather than the definitions section. The vote was 7-0 for the wording located as proposed
by Director Epple.
ITEM 6. OLD BUSINESS
Director Epple referenced the December building permit summary stating 2004 has been a record year for the construction of new dwelling units. He noted the Board and Commission are
a critical force in the development of our planned community.
ITEM 7. NEW BUSINESS
The Board/Commission reviewed the next meeting’s schedule and the schedule for the next two months.
ITEM 8. ADJOURNMENT
There being no further business to be conducted by the Planning Board or Zoning Commission, President Kirschenbaum adjourned the meeting at 9:00 p.m.
_______________________________________ ______________________________________
Andrew C. Epple, Director Harry Kirschenbaum, President
Planning and Community Development City of Bozeman Planning Board and
Chairperson Pro Temp, City of Bozeman Zoning Commission