HomeMy WebLinkAbout20035 Ord 2045 Vision Triangle ZCA ZC SR 7-07-2020Page 1 of 7
20035 Staff Report for the Vision Triangle Text Amendment, Ordinance 2045
Public Hearings: Zoning Commission public hearing July 14, 2020, 6 p.m.
City Commission public hearing August 3, 2020 at 6 pm.
Project Description: Revise the required vision triangle to allow the City Engineer to
reduce the required clear area..
Project Location: Applicable city-wide
Recommendation: Meets standards for adoption of Ordinance 2045.
Recommended Zoning Commission motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 20035,
Ordinance 2045 and move to recommend approval of Ordinance 2045.
Recommended City Commission Motion: Having reviewed and considered the staff
report, application materials, Zoning Commission recommendation, public comment,
and all information presented, I hereby adopt the findings presented in the staff
report for application 20035, Ordinance 2045 and move to provisionally adopt
Ordinance 2045.
Report: July 7, 2020
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
None
Project Summary
The street vision triangle standard protects public safety by providing for an unobstructed
view area where streets intersection. This enables the traveler to see who is heading toward
the intersection and avoid potential collisions. The dimensions of the street vision triangle are
variable depending on the nature of the intersections. Arterial streets have the largest distance
requirement and alleys and driveways have the least.
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This text amendment authorizes the City Engineer to adjust the required distance upon
evaluation of the specific circumstances of an individual intersection. Circumstances such as
one-way streets or existing traffic signals change travel patterns and a full size street vision
triangle may not be needed in order to protect the safety of travelers.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
SECTION 1 - MAP SERIES .................................................................................................... 2
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 2
Text Amendment ................................................................................................................ 2
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 3
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 5
APPENDIX A - NOTICING AND PUBLIC COMMENT ..................................................... 6
APPENDIX B – APPLICANT INFORMATION AND REVIEWING STAFF ...................... 6
FISCAL EFFECTS ................................................................................................................... 6
ATTACHMENTS ..................................................................................................................... 7
SECTION 1 - MAP SERIES
No map is provided. The proposed amendments apply throughout the entire City.
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS
Text Amendment
Having considered the criteria established for a text amendment, the Staff recommends
approval as submitted.
The Zoning Commission will hold a public hearing on this ZMA on July 14, 2020 beginning
at 6 pm and will forward a recommendation to the Commission on the Text amendment.
The City Commission will hold a public hearing on the text amendment on August 3, 2020.
The meeting will begin at 6 p.m.
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SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the Zoning Commission and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the City Commission has broad latitude to determine a policy direction.
The burden of proof that the application should be approved lies with the applicant.
A text amendment must be in accordance with the growth policy (criteria A) and be designed
to secure safety from fire and other dangers (criteria B), promote public health, public safety,
and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the text
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
text amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which prevent
or mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The proposed amendment is a change to a specific standard rather than a policy
statement. There is not much discussion in the growth policy at the level of detail of this
amendment. There is one goal which is applicable.
Goal T-2: Ensure that a variety of travel options exist which allow safe, logical, and
balanced transportation choices.
Rationale: Providing for a variety of travel options supports public health, reduces
resource demand, and helps the City operate efficiently and cost effectively. Coordinated
and cooperative efforts by all transportation system providers minimize the costs while
maximizing benefits.
Intersections are the most common location for collisions or conflicts between travelers. The
street vision triangle is an important element in protecting public safety by providing for
people approaching the intersections to see and be able to properly respond to other travelers.
The proposed amendment retains the essential function of the street vision triangle but allows
for consideration of unusual local circumstances.
The proposed amendment comes from a submittal to the UDC Community Platform. The
initially suggested text was identified as a possible implementing action for the Downtown
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Bozeman Improvement Plan (DBIP), a neighborhood plan underneath the overall structure of
the growth policy. The final text included in the Ordinance is consistent with the overall
intent, if not the exact text, of the suggested implementation action in the DBIP.
No conflicts have been identified between the proposed amendment and the growth policy.
B. Secure safety from fire and other dangers.
Yes. The proposed amendment does not alter or remove any adopted standard implementing
this criterion. All adopted implementing standards remain in effect. See also Criterion C.
C. Promote public health, public safety, and general welfare.
Yes. The proposed amendment continues the street vision triangle which was originally
adopted to protect public safety by reducing conflicts and collisions at intersections. The
proposed amendment retains the existing standard as the baseline requirement. The City
Engineer is required to consider public health, safety, and welfare in making a decision on
whether or not to allow a smaller street vision triangle. The City Engineer is a licensed
Professional Engineer and oversees a staff of other Professional Engineers. They are
qualified to consider and judge as to whether a reduced street vision triangle size is
appropriate at a specific location.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. This application does not modify any standard related to provision of these public
services. All standards necessary to provide these items remain in force. The street vision
triangle is a restriction on property adjacent to a public right of way. Therefore, the standards
for provision of these requirements are not changed and remain adequate as previously
determined.
E. Reasonable provision of adequate light and air.
Neutral. The proposed amendment is not applicable to this criteria as it does not affect
setbacks, park dedication, or other standards that would affect provision of adequate light and
air.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The baseline street vision triangle remains in place for most circumstances. The
amendment authorizes changes under defined circumstances which affect a minority of the
intersections in town. Therefore, the amendment is expected to have no material impact on
the transportation system.
G. Promotion of compatible urban growth.
Neutral. The amendment makes no impact to the zoning map or standards for height, use, or
other development of land. Therefore, the amendment is expected to have no impact on this
criterion.
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H. Character of the district.
Neutral. The proposed amendment does not revise any physical standard that materially shapes
district character or uses. Application of the opportunity to lessen street vision triangle is
limited to areas of more intensive development by the various criteria which must be
considered. The degree of change authorized is expected to be a few percentage points of total
developable surface area on any given lot. Therefore, the amendment is expected to have no
or minimal impact on this criterion.
I. Peculiar suitability for particular uses.
Neutral. This criterion is particularly applicable to zone map amendments which alter the
uses allowed in a defined geographic area. The amendment does not modify the allowed
uses, create or remove zoning districts, or alter any standard which limits or authorizes uses.
The amendment does not alter allowed uses in any district. Therefore, there is no expected
impact on this criterion.
J. Conserving the value of buildings.
Yes. This criterion is particularly applicable to zone map amendments which alter the uses
allowed in a defined geographic area. No existing building will become non-conforming as a
result of this amendment. The amendment is minor in scope and no material negative impacts
are foreseen. Therefore, the value of buildings is conserved.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Neutral. This criterion is particularly applicable to zone map amendments which alter the
uses allowed in a defined geographic area. The amendment does not modify the allowed
uses, create or remove zoning districts, or alter any standard which limits or authorizes uses.
It does not alter allowed uses in any district. The scope of the amendment will at most affect
a small percentage of developable surface area on ay lot where it is applied. Therefore, there
is no expected impact on this criterion.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
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Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
This Zone Text Amendment notice was submitted for publication in the Bozeman Daily
Chronicle for 3/01/2020, 3/8/2020, and 3/22/2020. Due to the interruption in City operations
due to COVID the review was rescheduled. New notices were prepared and published on
6/28/2020, 7/12/2020, and 7/26/2020 to present the updated schedule and content of the
amendment. Publication dates are at least 15 and not more than 45 days prior to the Zoning
Commission or City Commission public hearings.
No public comments have been received to date. Any received public comments will be
provided to the review bodies.
APPENDIX B – APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified.
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ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application form
Ordinance 2045