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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