HomeMy WebLinkAbout08-23-17 Public Comment - L. Kirk (on behalf of SAVE BOZEMAN) - UDC Update, Zone Edge TransitionsMr. and Mrs. Allan Kirk
227 East Olive Street
Bozeman MT 59715
406-224-5154
24 August 2017
Bozeman City Commission
Bozeman Department of Community Development
City of Bozeman
121 N. Rouse Street
Bozeman MT 59715
Public Comment: UDC Zone Edge Transitions for August 24, 2017 meeting
Honorable Commissioners and City Staff,
On the evening of August 17, 2017, we presented the following comments verbally to the City
Commission on behalf of Save Bozeman. We have not yet had a response from you regarding the
concerns that were identified during the morning and evening meetings on August 17, which included a
request to sever the zone edge transition language from the overall UDC. We note that you plan to
proceed with a vote on the revised Unified Development Code (UDC) on August 24, 2017, effectively
codifying disputed zone edge transition language. We urge you to reconsider, and to sever the zone
edge transition language from the draft UDC under consideration, so that this contentious issue can be
addressed in context with the NCOD legislative review that you approved on August 14, 2017.
Our comments to the commission from August 17, 2017 follow:
Save Bozeman has previously commented (July 24, 2017, comments to commission) on draft UDC zone
edge transition language, in our proposal which incorporates:
1. Sufficient setback in proportion to wall height (e.g., set back x/2 for a wall height of x),
consistent with regulations in Boulder CO, and
2. An angle of rise of 30 degrees from the top of the initial wall.
This would allow buildings ranging from 2 to 4 stories depending on property size and orientation, thus
returning some of the protection of historical and residential properties that was lost in 2015
modification of the NCOD, which removed “block character” provisions. Our proposal also provides for a
gradient in population density and building size moving away from historic neighborhoods and towards
the commercial core of Bozeman.
On August 17, we participated in a two hour long meeting with city planning staff. We thank you for this
opportunity to lay out the issues associated with the proposed zone edge transition language. We found
the group exercises interesting and look forward to receiving your notes describing those results. Many
Save Bozeman Proposal UDC Article 3, Section 38.320.060 2
options ranging from outright return of block character to the construction of 44 foot walls on 5 foot
setbacks with a 45 degree rate of rise were discussed….with multiple options in between. The
importance of identifying and addressing zoning issues in sensitive neighborhood areas within the NCOD
– particularly historical residences zoned B3 – were discussed, and as a member of the City planning staff
put it, this was clearly “Phase 2 of many phases.”
On August 14, the City Commission voted to initiate a legislative process of review of the NCOD
Subchapter 4B. The NCOD language directly addresses the zone edge transition issue and potentially,
will conflict with UDC rules. The City has announced the possibility that they will reverse primacy of
these codes, reversing the relative importance of the NCOD and UDC, so that the UDC supercedes the
authority of the NCOD. This would make moot any discussion of the NCOD in coming weeks while
implementing the zone edge language defined in the UDC. Given the fact that this language is broadly
disputed by the community, we wish to emphasize the need to take adequate time to evaluate options
for better zone edge transitions between Commercial (B3) and Residential (R1, R2, etc.) zone property in
the context of ongoing NCOD review. Only by combining these two independent processes of zoning
code revision will we achieve the clarity needed for significant public input. This is needed to ensure that
we have a solid foundation for measured infill development in sensitive portions of the B3 within the
NCOD, close to historic neighborhoods and homes, which addresses the concerns of all stakeholders.
We thank you for considering our request to sever zone edge transitions from the UDC, to allow other
less contentious aspects of the UDC to move forward and allow us time for a walking tour of zone edge
transition locations in September, to be jointly led by Planning, Save Bozeman, Bozeman Preservation
Advocates and the Inter Neighborhood Council.
We look forward to continued discussions 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.