HomeMy WebLinkAbout10-27-17 Public Comment - B. Lloyd - UDC Update, Article 3
Bozeman City Commission
Bozeman City Hall
121 N Rouse Ave
Bozeman, MT 59715
October 26, 2017
Dear Commissioners,
I am encouraged by the community conversation regarding updates to the Unified
Development Code (UDC). We are making progress toward a solution that
preserves Bozeman’s special attributes, while allowing reasonable administration
of growth issues that face our city. However, there is a UDC issue that has not
been addressed, which will have a disproportionately negative impact on future
projects in the Neighborhood Conservation Overlay District (NCOD): ‘Deviations’, a
long-standing planning tool that previously allowed for contextual ‘new
construction’ solutions in the NCOD, was administratively terminated in 2013. The
proposed updates fall short of restoring this important planning tool for selected
areas of the core of our city. As currently proposed, the much-discussed
mechanism of ‘Departures’ offer relief from certain codified Design Regulations
established by Article 5; however, more flexibility is needed, especially in the
NCOD, where sense of place is defined by historic patterns that do not meet
modern zoning standards. I respectfully offer the following edit to the UDC Draft
July 28, 2017 to again allow new construction that fits a historic neighborhood
pattern, to be eligible for deviations under Section 38.340.070 (Draft Page 221):
A. Because the development of much of historic Bozeman preceded zoning, subdivision
and construction regulations, many many some buildings within the conservation
district do not conform to contemporary zoning standards. In order to encourage
restoration, and rehabilitation and appropriate new construction activity that would
contribute to the overall historic character of the community, deviations from
underlying zoning requirements may be granted as described in Division 38.250 of this
chapter. The criteria for granting deviations from the underlying zoning requirements
are:
1. Modifications must be more historically appropriate for the building and/or
site in question, and the adjacent properties, and the overall pattern of the
neighborhood as determined by the standards in section 38.340.050, than
would be achieved under a literal enforcement of this chapter; and
2. Modifications will have minimal adverse effect on abutting properties or the
permitted uses thereof; and
3. Modifications must assure the protection of the public health, safety and general welfare. Approvals may be conditioned to assure such protection,
and such conditions may include a time period within which alterations will
be completed; landscaping and maintenance thereof; architectural, site plan and landscape design modifications, or any other conditions in
conformity with the intent and purpose set forth in this part (1).
Thank you for your consideration of this matter.
Respectfully submitted,
Ben Lloyd, AIA, Architect/President