HomeMy WebLinkAbout110309 Zoning Commission Minutes
ZONING COMMISSION MINUTES
TUESDAY, NOVEMBER 3, 2009
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pomnichowski called the meeting to order at 8:19 p.m. and ordered the Recording
Secretary to take attendance.
Members Present:
Nathan Minnick
JP Pomnichowski
Ed Sypinski
Nick Lieb
City Commission Liaison
Sean Becker
Members Absent:
Peter Harned
Staff Present:
Chris Saunders, Assistant Planning Director
Tara Hastie, Recording Secretary
Guests Present:
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.}
Seeing there was no public comment forthcoming, Chairperson Pomnichowski closed this portion
of the meeting.
ITEM 3. MINUTES OF OCTOBER 20, 2009
MOTION
: Mr. Sypinski moved, Vice Chairperson Minnick seconded, to approve the minutes of
October 20, 2009 as presented. The motion carried 4-0. Those voting aye being Chairperson
Pomnichowski, Mr. Sypinski, Vice Chairperson Minnick, and Mr. Lieb. Those voting nay being
none.
ITEM 4. City Initiated UDO Text Amendments ZCA #Z-09151
(Saunders)
1.
A Zone Code Amendment Application to amend various sections relating to
zoning in Title 18, Unified Development Ordinance, BMC, as requested by the
applicant the City of Bozeman, PO Box 1230, Bozeman MT 59771. The changes
would be applicable throughout the City in the districts and procedures as is
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Zoning Commission Minutes – November 3, 2009
specified in the text of the existing regulations.
Chairperson Pomnichowski stated if there were no objections, she would just go through the
continued items in order.
Assistant Planning Director Chris Saunders noted there had been a revised draft of chapter 52
included in the packets which responds to comments from the Department of Transportation that
pertained to wayfinding signs and would be a difference between what had been discussed at the
last meeting. Mr. Lieb asked for clarification of what had changed from the last meeting.
Assistant Director Saunders noted the biggest issue was being certain that the ordinance
referenced more stringent standards could apply within the public right of way; the other item was
clarification of specific locations of signage and no business advertisements had been included.
Chairperson Pomnichowski suggested 18.52 could be discussed first. Mr. Sypinski concurred.
Chairperson Pomnichowski asked for comments or changes; she identified that on page 52-2,
section E “may be” had been repeated. Assistant Director Saunders responded it was a clerical
error that would be corrected. Chairperson Pomnichowski stated the amendments seemed clear
to her and were intended to address Department of Transportation concerns. Mr. Lieb asked for
clarification of the inclusion of wayfinding signage in the right of way. Assistant Director
Saunders responded the MDOT had specific items of concern having to do with construction,
signs on light poles would need to be designed not to overload the pole, etc.; he added there were
specific regulations concerning colors as well (e.g. stop signs are the only red octagonal shaped
signs).
Chairperson Pomnichowski progressed through the list of amendments that had been opened and
continued to the evening’s meeting.
Chairperson Pomnichowski stated on page 46-5, there was language regarding a portion of a
parking space and asked if there was a rule for rounding up with regard to parking calculations.
Assistant Director Saunders responded the sentence before should have been stricken to provide
more clarification. Chairperson Pomnichowski asked if Staff would be alright with including the
provision for rounding up to the nearest required space to provide parking for smaller
developments. Assistant Director Saunders responded any of those options were viable. Staff
had discussed the issue at length and concluded any of the options could work.
Mr. Lieb asked what a parking stall would cost in the City. Assistant Director Saunders
responded a single space could be purchased in the B-3 District at a cost of $5,000.00.
Construction costs for a stall within the parking garage was $25,000.00. Mr. Lieb noted money
would be saved using the lift parking. Assistant Director Saunders responded Mr. Lieb was
correct that money could be save using the lift parking.
Mr. Sypinski asked why some of the parking requirements language for mixed use buildings had
been stricken. Assistant Director Saunders responded the language had been stricken to provide a
table presenting the information in a way that was more intelligible to most people. Mr. Sypinski
asked if parking spaces for mixed use buildings would count on street parking even if it was
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Zoning Commission Minutes – November 3, 2009
restricted. Assistant Director Saunders responded the reference in 18.46.A1A stated one space
on street could be counted per dwelling unit. The expectation is a few and not all developments
would really have the ability to use those spaces.
Assistant Director Saunders noted the edit on 58-6 on permit review had been motivated by the
state Flood Plain program. The original language had been in error, so the modification was to
include a specific timeframe to require an action to be taken.
Assistant Director Saunders noted that chapter 74 was referencing parkland and had been brought
forward so that everyone was aware of procedures and standards. Mr. Sypinski stated the
strikeouts had removed the language “the Engineer had the authority” and asked who would have
the authority. Assistant Director Saunders responded the authority would be whoever was
responsible for that part of the review process.
Vice Chairperson Minnick stated that in chapter 18.74.090, on page 74-13 there was a sentence
regarding maintenance of parks and asked for clarification. Assistant Director Saunders
responded there had been discussions regarding a Parks Maintenance District. The 2009
legislature had gone through to standardize the operation of special districts. Hopefully the
changes to issues involved made the parks districts less difficult to pursue. Chairperson
Pomnichowski asked if there should be some latitude to provide for subdivisions that do not have
HOA’s. Assistant Director Saunders responded if there were common facilities, there would have
to be an HOA formed; he added the HOA’s had to be far more active due to the maintenance of
common facilities than had been common in older subdivisions.
MOTION
: Mr. Sypinski moved, Mr. Minnick seconded, to forward a recommendation of
approval to the City Commission for City Initiated UDO Text Amendments ZCA #Z-09151 as
recommended by Staff. The motion carried 4-0. Those voting aye being Chairperson
Pomnichowski, Mr. Sypinski, Vice Chairperson Minnick, and Mr. Lieb. Those voting nay being
none.
ITEM 5. NEW BUSINESS
There was no new business forthcoming.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting was adjourned at 8:46 p.m.
_______________________________________ _______________________________________
JP Pomnichowski, Chairperson Chris Saunders, Assistant Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
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Zoning Commission Minutes – November 3, 2009