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HomeMy WebLinkAbout08-14-17 Public Comment - C. Naumann - (on behalf of BDBID and DURD - 2nd Ltr. - UDC Update August 14, 2017 Bozeman City Commission c/o Tom Rogers, Senior Planner Department of Community Development City of Bozeman 20 East Olive Street Bozeman, Montana 59715 RE: Bozeman UDC Update Public Comment – 2nd Letter Dear Commissioners: Please accept this as our second letter of public comment. We are disappointed that only one of the many issues we brought up in our staff meeting and our first letter of public comment was addressed by the revised draft of the Unified Development Code (UDC); therefore, we are resubmitting this letter with updated comments and recommendations for how the UDC edits can better support downtown and be more aligned with existing adopted plans. 1) B3 Intent Problem 1: The revised language related to the intent of the B3 district on Page 170 does not incorporate the recommendations of the already adopted Downtown Improvement Plan. It also proposes to relocate the crucial reference to the “core area” which significantly impacts use, height and landscaping requirements to a mere footnote. Solution 1: Incorporate the following recommendation from the adopted Downtown Bozeman Improvement Plan (2009): “… the very nomenclature should change. Rather than having merely a “B-3” designation, which might be anywhere, the word “Downtown” should be used in all titles. This indicates its importance, that downtown is different than any other part of the community, and that totally different methods and standards will be used.” The intent should also note the importance of infill and residential uses as key supporting elements of downtown (as emphasized in the Downtown Improvement Plan) as well as the “core area” distinction which significantly impacts use, height, and landscaping requirements. 2) Special Use Permits (Page 181) – The sale of alcohol in downtown, Bozeman’s most vibrant restaurant district, is a great example of the intent of a Special Use Permit (SUP). We are pleased to see that our recommendation to change the ‘C’ to ‘S’ for “Sale of Alcohol for On-Premise Consumption” for B3 in the allowable use chart was made in the revised draft. 3) Zone Edge Transitions Problem 3: Page 210 establishes zone edge transitions and conflicts with the existing language in the Neighborhood Conservation Overlay District (NCOD) Guidelines. It is unclear which document would take precedence. While “the more restrictive” typically applies in land use law, the UDC Update specifically states: “Where there is a conflict between the neighborhood conservation overlay district design guidelines and other development standards in this chapter, the neighborhood conservation overlay district design guidelines take precedent, as determined by the reviewing authority” (Page 221). If the guidelines rule over the zoning (which seems atypical), then there is no need for a determination by the reviewing authority. Furthermore, the new transition standards in the UDC draft are overly restrictive and essentially require either: 1) the portion of a building next to an R2 zone to be only two stories (with building height increases stepped back); or 2) suburban setbacks to allow for 3 or more stories. Solution 3: We recommend keeping the base height at 44 feet as stated in the NCOD Guidelines rather than lowering it to 28 feet or 38 feet (depending on the adjacent zone) as suggested by the UDC Update. Also, we recommend that the residentially zoned properties adjacent to B3 District should be offered a small height bonus to allow three stories with a flat roof. This is a typical rowhouse pattern and would allow a wider transition to occur on both sides of the zoning boundary. 4) Townhomes and Rowhomes Problem 4A: While not appropriate for the “core area,” townhomes and rowhomes are a great way to add density downtown and to provide a transition from more intense commercial and mixed uses to smaller scale residential neighborhoods. Narrow lot width is a key component of urban density especially for townhomes. While there is no minimum lot width for B3, we are concerned with ongoing discussions about utility spacing and the requirement for 30-foot utility easements that results in a more suburban design. Stacked utilities are a reality in many urban areas and it is in the best interest of the City to plan for the most efficient use of space especially for properties in and around downtown. Furthermore, rowhomes that are not on individual lots have more options for utility placement which is not reflected in the language. Solution 4A: Allow for more urban standards in addressing spacing of utilities and the size of easements. Problem 4B: Page 209 - Another concern for townhomes and rowhomes is Footnote 15 which requires garage entrances to be 20 feet from a rear property line. While there is additional language of “unless explicitly authorized…,” we do not feel this footnote is necessary for the B3 district. Other parts of the code that define parking dimensions and requirements will cover any spaces located in a driveway in front of a garage but there will likely be more cases where garages are located right along an alley or rear property line. Again, large setbacks like 20 feet have no place in the downtown regulations and even if the current language covers this issue, circular references are confusing to a user. Solution 4B: Eliminate footnote 15 from B3 District on Page 207. Problem 4C: Pages 267-272 - We are very concerned with the specific Design Guidelines for townhomes and rowhomes in Article 3 (as well as Article 5). While the majority of downtown is served by alleys, more flexibility for town/rowhomes is needed across the board. The standards also do not allow much room for creativity and diversity in terms of building design. Also, there is a question of applicability – if there are four or more attached townhomes, does Article 5 also apply? If the answer is yes then additional coordination is needed for things like building design and open space requirements. If you add the NCOD Guidelines and the new Design Manual, then there are potentially four different sets of design requirements for townhomes in B3. This could result in conflicting standards and confusion for the public. Solution 4C: The treatment of townhomes and rowhomes needs to be looked at more comprehensively. At a minimum, sections should be better coordinated to avoid overlap and conflict, and there should be more flexibility in the design standards. 5) Parkland Dedication for B3 Problem 5: While we are supportive of the procedural streamlining of cash-in-lieu of parkland for projects in the B3 District (Page 29), we would like to remind the Commission of the recommendation from the adopted Downtown Improvement Plan: “It is very unusual for development within any downtown to be charged a fee for parks… We recommend this fee be specifically dedicated to the downtown district and used as a funding source for the “green” strategies outlined in this plan; improving sidewalks, greening streets and alleys, creating small parks along Bozeman Creek, and creating or improving other public spaces and facilities within the downtown” (Page 39 of the DIP). Solution 5: This language should be reflected in Section 38.420 which begins on Page 329. 6) Special Privacy Setbacks Problem 6: Page 380 - Light, Air, Privacy – The notion of privacy in an urban setting should be accomplished through design measures instead of suburban setbacks. The wording in the section is confusing and not conducive to downtown development. Again, departures are too unpredictable and open to interpretation at the staff level. Solution 6: Eliminate this section. 7) Building Design – Article 5 Problem 7A: We are concerned with the feedback we’ve received from local architects and designers regarding the prescriptive nature of Article 5 especially as it relates to building design. While the historic charm of Main Street is indisputable; we do not want to see the areas around downtown and in the greater community as whole become monotonous in terms of building materials and styles. For example, Page 414 states: “At a minimum, stone, brick or tile masonry, or architectural concrete (first two feet only) must be used… for the first floor on non-residential or mixed-use buildings and the first two feet of residential buildings.” As stated in the growth policy and the Downtown Improvement Plan, architectural innovation, diversity, and creativity should always be encouraged. Departures are not a solution for all the flaws of this section. Those investing in Downtown want predictability. The current draft essentially set up the Planning Staff to have to evaluate architectural merit and intent. This may dissuade many property owners from wanting to risk the time and money to do something better through the departure route. Solution 7A: Article 5 should be carefully edited to allow for more diverse design minimizing the need for departures. Problem 7B: Another specific section that caught our attention is the requirement for building transparency. When we look at building corner patterns downtown and the businesses that occupy these spaces, it becomes evident that there is a functional need for less transparency on secondary frontages (even for those buildings with Storefront designations) to deal with the realities of many corner retail spaces. We see this as a potential problem for downtown businesses and we do not want to rely on needing to request a departure for this issue. There is a very functional reason that many of the historic retail spaces on corners did not include extensive windows on the side streets. The transparency provisions also include very detailed and unrealistic language about regulating window coverings: “window area that is… covered in any manner that obscures visibility into the storefront space shall not count as transparent window area” (Page 363). Solution 7B: Allow a smaller transparency percentage (by right rather than by departure) for ‘secondary frontages.’ 8) Commercial Open Space Problem 8: Page 391 requires “Pedestrian-oriented open space design criteria.” While the example photos show outdoor restaurant seating areas, it is unclear from the language if restaurant seating can count toward meeting this requirement or if these areas are intended to be more park-like and accessible to the general public. If the latter, we recommend an exemption for B3. Solution 8: Clarify if restaurant outdoor seating can count toward the commercial open space requirements. If no, allow an exemption for B3. 9) Parking Reductions Problem 9A: Page 431 states: “The first 3,000 gross square feet of a nonresidential building within the B-3 district or adjacent to designated Storefront block frontage per section 38.500.010 is not included in the calculation of required parking.” This section is unclear in how it impacts mixed use buildings. Solution 9A: This language should be clarified to also include the nonresidential portion of mixed use buildings. 10) Off-Site Parking Problem 10: Page 436 – Currently, off-site parking spaces for residential development are required to be no more than 100 feet from “any commonly used entrance.” Solution 10: This distance should be increased to at least 300 feet. While we have called out the most pressing problems for the downtown area, we want to reinforce that there are other inconsistences and issues that should be addressed prior to the adoption of the final draft. Thank you for your time and consideration. Sincerely, Chris Naumann Executive Director Downtown Bozeman Partnership CC: Susan Riggs, AICP, GroundPrint, LLC Downtown Business Improvement District Board Downtown Urban Renewal District Board