HomeMy WebLinkAbout01-17-17 Public Comment - K. Bryan - Black OliveFrom: Kate Bryan
To: Agenda
Subject: Public Comment - Black Olive Application and DRC Review and Process
Date: Tuesday, January 17, 2017 1:19:13 PM
Date: 1-17-17
TO: City of Bozeman (Community Planning Department, Development Review Committee/DRC members, City
Commissioners and Design Review Board/DRB Members).
CC: City Clerk - Please make sure that all parties above receive an email and printed copy of this correspondence
prior to the 1-18-17 DRC meeting (10 AM)
FR: Randy Peters & Kate Bryan
Dear City of Bozeman Planning Staff, DRC members, City Commissioners and DRB Members
As the City of Bozeman approaches its 2nd Development Review of the Andy Holloran/HomeBase Montana
application for a 56-Unit multi-story Black-Olive apartment building, it is important to go on record that the
development review of this project is still in the early stages -- with much more ground to cover in terms of the
scope of the DRC review,
As we approach the DRC meeting this (Wednesday 1/18 at 10 AM), it is essential to point out the purpose
of the DRC as stated on the City of Bozeman website.
Development Review Committee (DRC) Purpose:
The purpose of the Development Review Committee (DRC) is to evaluate all proposals subject to
the provisions of Chapter 38, the Unified Development Code (UDC) within the Bozeman Municipal
Code. The DRC is charged with reviewing items related to public health and safety.
Although, this statement of purpose places emphasis is on "public health and safety," this by no means
releases the DRC from its duty to fulfill its public purpose. When reviewing a development application, it is
crucial that the DRC consider the whole of the UDC (Chapter 38 of the Bozeman Municipal code) and all
regulatory code found in the UDC articles.
Specific Regulatory Articles within Chapter 38 of the UDC:
The following specific articles, among many, are included in UDC and must be considered in DRC
development application reviews (including the Black-Olive review). These articles include regulatory
requirements which shall be applied to all proposals under review regardless of zoning.
1. Article 1: In General
2. Article 7: Zoning Districts and Zoning Map
3. Article 16: NCOD (Neighborhood Conservation Overlay District)
4. Article 19: Plan Review Criteria
5. Article 21: General Land Use Standards and Requirements
6. Article 23: Development Standards
7. Article 25: Parking
These articles include regulatory clauses such as:
1. Chapter 38’s intent and purpose includes a statement under 38.01.040 part B “promote
development approaches that minimize costs to local citizens and the effective and efficient
provision of public services, protecting the rights of property owners”. It also states in part E,
“these regulations are also intended to implement the goals and objectives of the city’s adopted
growth policy. In a case of a difference of meaning or implication between this chapter and the
city’s adopted growth policy, the growth policy shall control”.
2. Article 7, 38.07.040 part B states, “Where physical or cultural features on the ground are at
variance with those shown on the official zoning map, or where other circumstances or controversy
arise over district boundaries, the planning director shall interpret the district boundary”.
3. The NCOD provides that Standards for Certificates of Appropriateness Part B: “must consider
design compatibility with neighboring structures and properties including height, scale and
directional expression with regard to the dominant expression of surrounding structures”.
4. Plan Review Criteria Part A includes considering the “conformance and consistency with the City’s
adopted growth policy”. It also includes consideration of a development plan’s “compatibility with
and sensitivity to the immediate environment of the site and the adjacent neighborhood to
architectural design, building mass and height, neighborhood identity, landscaping, historical
character, orientation of buildings on site and visual integration”.
NOTE: When asked by the 11-28-16 City Commissions as to what extent the NCOD (Article 16 of the
UDC) should be considered as a part of the review process, Chris Saunders replied that the NCOD
(Article 16) is a "direct regulatory document." Articles 1, 7, 19, 21, 23 and 25 in the UDC would also apply
and be regulatory as well.
Comment: South Tracy/South Black Historic District Boundaries overlap at Black in the vicinity of Olive
with the B-3 designation – which is an incompatible zoning designation with respect to bordering historic
neighborhoods and does not provide a transition with the “core area” defined by the Code.
Our Request: As citizens of Bozeman, we request that DRC fulfill its purpose and require the Black-Olive
developer to create a design which meets the requirements of the NCOD, as well as Articles “In General”,
“Zoning”, "Plan Review Criteria", “Parking” and others to conform to the entire collective regulatory UDC
language.
Thank You : Special Thanks to the community planning director, planning staff and DRC for the detailed
work you've done so far as you consider the Black-Olive Application.
We appreciate the challenges of such a review and know that you will do your best to ensure that the
process is thorough and fair.
Sincerely,
Randy Peters & Kate Bryan '
406-585-1320
Rpeters@bresnan.net
KateBryan2000@gmail.com