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Home My WebLink About06-04-19 Zoning Commission Minutes Zoning Commission Tuesday, June 4th, 2019 at 6:00 PM City Hall, Commission Chamber – 121 N. Rouse Avenue A. Call Meeting to Order & Roll Call Present Were: • George Thompson • Chris Scott (Chairman) • Deputy Mayor Chris Mehl (Commission Liaison) • Erik Garberg • Chris Saunders (Staff Liaison) B. Changes to the Agenda C. Approve Meeting Minutes • 4-16-19 Minutes PDF o 4-16-19 Video Link 06:03:00 PM (00:01:21) VOTE: Motion Carries (Chairman announced unanimous passing) D. 06:03:08 PM (00:01:29) Public Comment – Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please limit your comments to three minutes. E. 06:03:25 PM (00:01:46) Action Items 1. Text Amendments for 38.560, Signs, of the Unified Development Code (Saunders) Zone text amendments to update and revise standards and procedures for signs to ensure the City’s regulations are content neutral. • 19185 Ordinance 2020 Signs Staff Report • 19185 Application • Ordinance 2020 (Draft) • Memo from City Attorney’s office 06:03:40 PM (00:02:01) Community Development Manager, Chris Saunders introduced the Text Amendment request for the Unified Development Code. Mr. Saunders stated that there would be 9 modifications in Section 38.560 of the Bozeman Municipal Code and that the changes vary by the district within the City. 06:05:08 PM (00:03:29) Mr. Saunders reviewed the zoning criteria of evaluation for Ordinance 2020 as well as the recommended motion. Staff had received no public comment regarding the Ordinance. 06:06:59 PM (00:05:20) City of Bozeman, Assistant City Attorney, Karen Stambaugh, presented information regarding the 2015 Supreme Court decision for the case, Reed vs Town of Gilbert, Arizona. Ms. Stambaugh presented the case history and how the case pertained to changes within the Bozeman sign regulations. 06:16:59 PM (00:15:20) Ms. Stambaugh discussed how lower courts are applying findings of the Reed vs. Town of Gilbert case to sign codes. After reviewing the code for Bozeman’s needs, changes were made in order to make the code more neutral. 06:18:06 PM (00:16:27) Board members took turns asking questions regarding the sign code by section. Ms. Stambaugh responded to Deputy Mayor Mehl’s questions regarding the wording of the ordinance, past tense vs. present tense and clarity in how the ordinance presented information for Section 1. 06:25:49 PM (00:24:10) Deputy Mayor Mehl asked for consistency within Section 3 of the sign code in reference to the use of “person” vs. “individual”. Mr. Saunders responded with clarification regarding the definition of “person.” 06:29:13 PM (00:27:34) In reference to Section 4, Deputy Mayor Mehl requested more detail and consistency regarding a code reference that points to Article 7 of the Unified Development Code, containing definitions, asking that more detail be placed within the Ordinance. 06:31:51 PM (00:30:12) Deputy Mayor Mehl voiced concern regarding consistency for temporary signage in Section 6. Mr. Saunders responded that the two references serve different functions in describing temporary signage characteristics. Clarity is requested for understanding by the general public. 06:37:34 PM (00:35:55) Deputy Mayor Mehl asked about the First Amendment as it related to the substitution clause in Section 7. The group also discussed regulation of commercial speech vs. non- commercial speech. 06:39:54 PM (00:38:15) Ms. Stambaugh explained that they are trying to reduce the number of sign categories as that was part of the issue in Gilbert, AZ. 06:41:59 PM (00:40:20) MOTION having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19185 and move to recommend that the City commission adopt Ordinance 2020: Erik Garberg 06:42:21 PM (00:40:42) MOTION SECONDED: George Thompson 06:42:25 PM (00:40:46) VOTE: All in Favor – Motion Carries Unanimously F. 06:42:59 PM (00:41:20) FYI/Discussion 1. Meeting Topics for Open Agendas (or Future Agenda Items) - None 2. Other Updates - None G. 06:43:09 PM (00:41:30) Adjournment For more information please contact Tom Rogers at TRogers@bozeman.net This board generally meets the first and third Tuesday of the month at 6:00pm Zoning Commission meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301).