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Home My WebLink About07-25-17 Public Comment - L. Kirk - UDC UpdateFrom:Kirk, Lisa To:Agenda Cc:Martin Matsen; Jecyn Bremer Subject:Save Bozeman Comments to Planning and Zoning Commission Joint Meeting, July 2017 Date:Tuesday, July 25, 2017 11:55:32 AM Attachments:City Commission July 25, 2017.pdf Honorable City Commission Members and City Staff, Please find attached comments regarding the zone edge transition proposal included in the draft UDC. Yours sincerely, Lisa Kirk Lisa Bithell Kirk, Ph.D., P.Geo. Principal – Biogeochemistry 524 Professional Drive Bozeman MT 59718 +01-406-581-8261 office +01-406-224-5154 cell lisakirk@enviromininc.com www.enviromininc.com 24 July 2017 Bozeman City Commission Bozeman Department of Community Development City of Bozeman 121 N. Rouse Street Bozeman MT 59715 Honorable Commissioners and City Staff, On July 18, 2017, I presented the following comments to a joint meeting of the Planning and Zoning Commissions on behalf of Save Bozeman. At the suggestion of Mr. Martin Matsen of the Department of Community Development, I am submitting our request for your consideration as well. We received no feedback from the joint commissions on our proposal on July 18, and we have received none since that time. A discussion of zoning edge transition language did result in an increase of the proposed setback from 5 feet to 10 feet, which we believe is insufficient in terms of allowing for the development of a vegetated privacy barrier as well as safe access for maintenance. Unfairly, in my opinion, members of this board also asserted that landowners adjacent to B3 should have expected the construction of 5 story buildings on 5 foot setbacks over their back fence, because the law has allowed for 70 foot high buildings in B3 for many years – failing to also recognize that prior to quiet and quick changes in the NCOD in 2015, property owners in historical neighborhoods had assurance that this was not possible. Of course, we were unable to comment in response during the meeting, but I register my strong objection to this distorted logic here. We recently were barely able to open both doors on a full sized pickup truck in the 14 foot space between our property at 227 East Olive Street and the Klare building. We therefore consider this to be a minimum setback distance, which should be proportional to the half the height of the opposing wall, consistent with policy in similar sensitive settings in other mid-sized Rocky Mountain cities. We strongly encourage you to walk behind the Klare building in the 200 block of East Babcock Street and consider the physical reality of smaller zone edge transition set back requirements in situ. You are also welcome to walk into our yard and view the existing building and its relative proportions from the perspective of a neighbor. Save Bozeman Proposal UDC Article 3, Section 38.320.060 2 As you know, I have not received actual notice about the current UDC proceedings as an owner of property within 150 feet of proposed code changes, nor did I receive notice of the 2015 NCOD changes which threaten my property value and enjoyment thereof. I have objected formally to this as a violation of my right to notice and to object under Montana State law, and I reserve my right to do so legally in spite of submitting the following comments in a timely manner, as a citizen participant in public process. My July 18 comments to the Planning and Zoning Commissions follow: To the Joint Planning and Zoning Comission: My home is one of the zone edge transition R2 properties adjacent to the B3 halo. Save Bozeman’s comments address several portions of the UDC, but tonight, as a member of Save Bozeman, I focus on proposed changes to the draft setbacks, building height and angle of rise described in Article 3, Section 38.320.060. We recognize this new section as an effort to codify the NCOD Subchapter 4B - within the UDC. As this UDC section conflicts with the current NCOD, we ask that the relationship between these two rules be clarified explicitly in Article 3. As you may know, Save Bozeman has asked for a moratorium on permitting of projects under these rules, which removed block character provisions in 2015 – in our opinion, without sufficient notice to affected parties. This is not because we oppose infill development. Rather, it is because we recognize the need for appropriate infill development in the zones where the B3, M- 2M, UMU and R5 districts abut RS, R1, R2, and RHM zoning – where development is more sensitive to issues of crowding and scale than is provided for by Subchapter 4B. This is particularly true in proximity to historic districts. Though residents within 150 feet of zone edge transitions did not receive formal notice of this UDC revision, we seek to contribute constructively to ongoing discussions about development. I am, however, compelled to reserve my right to object to the lawfulness of this process, related to the lack of adequate and actual notice to property owners within 150 feet of the proposed amendments. Revisions to the UDC should be held until a proper process provides landowners with actual notice. In Figure 1, for the sensitive zone edge transition areas, we ask the planning board to adopt a minimum setback of 14 feet (X/2) for an initial wall height of 28 feet (X)., with a rise in height below a plane defined by a 30 degree angle from the top of the initial wall. Increased initial wall height (X) would have an associated larger (X/2) setback, following guidance established for other similar municipalities (e.g., Boulder CO). Our request follows many weeks of thoughtful discussion with our neighbors, historic preservation advocates, and Bozeman’s planning department. Though our proposal could, for small lots, limit buildings to 2 stories - as was generally the case under pre-2015 block character provisions - our analysis (Figure 2, p. 3) shows that on larger properties and with proper setbacks, 3 and 4 story buildings would also be possible. The construction of such buildings Save Bozeman Proposal UDC Article 3, Section 38.320.060 3 within the downtown halo would allow the city to meet infill growth goals without harming the character and integrity of our historic neighborhoods. We thank you for considering our proposal, which we believe would return needed sensitivity to zone edge transition zones, while permitting significant infill development on properties where this would not have been possible prior to the unnoticed 2015 changes to the NCOD. Save Bozeman looks forward to discussing this proposal with the City of Bozeman. We believe it should be the mutual goal of the community and its leadership to ensure controlled growth that is appropriate to the rights of existing landowners and residents, as well as the aspirations of commercial interests and future residents. Sincerely, Lisa Bithell Kirk, Ph.D., P.Geo. Director, Save Bozeman Enc: Proposed UDC Language, with figures. Requested modifications to proposed Bozeman UDC, July 2017 1 Section 38.230 (Ord. No. 1809, § 1, 7-11-2011) Sec. 38.230.040. - Review authority. (38.19.040) A. The review authorities are established in 38.200.010 and as may be specified elsewhere in this chapter. B. The development review committee, design review board, administrative design review staff, and wetlands review board have the advisory authority established in division 38.200 of this chapter. C. Plan design review thresholds. When a development is subject to design review and meets one or more of the following thresholds the design review board must have responsibility for conducting the design review: 1. Twenty Forty five or more dwelling units in a multiple household structure or structures; 2. Thirty thousand or more square feet of office space, retail commercial space, service commercial space or industrial space; 3. Four (4) stories or more; 4. When along a zoning district boundary between R1, R2 (or otherwise zoned properties with single or double occupancy homes) and B1, B2, B3, B2M, BP, M2 or UMU zoning districts and including a project of more than 30 dwelling units or 30 parking spaces. 43. Twenty thousand or more square feet of exterior storage of materials or goods; 54. Parking for more than 90 vehicles; or 65. Large scale retail per section 38.360.1790. (Ord. No. 1809, § 1, 7-11-2011; Ord. No. 1830, § 11, 9-24-2012) Sec. 38.230.050. - Application of plan review procedures. (38.19.050) A. These procedures must apply to all developments within the city unless explicitly exempted Overall Comment: Generally, taking more away from a design review board is counter- intuitive, especially in light of increasing demands on staff. We should be granting the DRB MORE authority. We recommend establishing additional thresholds for projects falling in the NCOD. How about if ALL commercial, Mixed use and multi-family new and substantial renovation projects are required to go before DRB? Sec. 38.320 Sec. 38.320.060. – Zone edge transitions. (New) A. Intent: Measures that help to provide a compatible transition between certain higher and lower intensity zoning districts. Commented [LK1]: We request this addition Commented [AK2]: Please clarify relationship of this section of the UDC with Sub-chapter 4B of the NCOD Requested modifications to proposed Bozeman UDC, July 2017 2 B. Zone edge transition standards. The following standards are intended to supersede other form and intensity standards in this division. 1. Setback adjustments: a. Minimum side and rear setbacks for development within BP, M-1, and M-2 district where adjacent to a residential district: 15 feet. b. Minimum side and rear setbacks for development within B-3 and UMU districts adjacent to a residential district: 5 feet. No setbacks are required adjacent to alleys. a. Minimum side and rear setbacks for development within BP, M-1, M-2, B-3 and UMU districts where adjacent to a residential district or property within another designation that is currently residential in use or within 100 feet of a historic district will be a distance of half (X/2) of the initial vertical wall height (X) from the property line, prior to its intersection with a 30 degree plane of increasing height, up to the maximum specified for the designated zoning. The x/2 is required to allow development of a vegetated privacy screen. For example, if the initial vertical wall height is 28 feet, then the set back would be 14 feet from the property line. The building height would then increase below a line defined by a 30 degree angle to the maximum height of 70 feet. 2. Height/setback adjustments. a. For development on sites in the B-3, B-2M, UMU, and R-5 districts that border the RS, R-1, or R-2 district, the following standard applies: From a height of 28 feet at 14-foot setback from the applicable residential districts, buildings must step back at a 30 degree angle (daylight plane rule) away from the applicable property line as shown in Figure 38.320.060. Section 38.230.100(A)(7)(a) - Plan review criteria: Conformance with the project design provision of article 5, states: Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration; Comment: Do not remove the word height. Additional Questions Section 35.520 We request that the following be retained 38.530.030 Building character and 38.540.010 A) avoid negative impacts of spillover parking into neighborhoods Commented [LK3]: Not clear what this means, specifically. How does this division relate to NCOD? Suggest we replace it with “for zone edge transitions.” Commented [LK4]: We don’t see the merit of the distinction. Rules applying to residential districts should be consistent. Commented [LK5]: We request this change, consistent with policy for these transitions in other municipalities Commented [LK6]: We request this change Ma x i m u m b u i l d i n g h e i g h t Flat roof Two story commercial building Minimum setback Single family homeProperty line14’-0”14’-0” (x/2)28’-0”(x)30 8’-0”4’-03/8”Zoned BP, M-1, M2, B3 or UMU Districts Zoned RS, R1, R2 or within 100’ of a Historic District Setback for commercial building will be a minimum of 14 feet or a distance of half (x/2) of the initial vertical wall height (x) from the property line Height from a minimum setback of 14 feet building must step back at a 30 d degree angle from initial building height (28 feet or x) FIGURE 1. ZONE EDGE TRANSITION (replacing Figure 38.320.060)