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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.