HomeMy WebLinkAbout20035 Ord 2042 Alley Signage ZCA ZC SR 6-26-2020Page 1 of 8
20035 Staff Report for the Alley Signage Text Amendment, Ordinance 2042
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 Table 38.560.060 to authorize additional sign area adjacent to
an alley over and above what is otherwise allowed applicable in the B-1, B-2, B-2M,
B-3, UMU, M-1, M-2, BP, PLI, HMU, REMU, and RO districts.
Project Location: Applicable city-wide in all locations designated B-1, B-2, B-2M, B-3,
UMU, M-1, M-2, BP, PLI, HMU, REMU, and RO now and in the future.
Recommendation: Meets standards for adoption of Ordinance 2042.
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 2042 and move to recommend approval of Ordinance 2042.
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 2042 and move to provisionally adopt
Ordinance 2042.
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
This text amendment revises the sign area allowed for commercial, mixed use, and industrial
zoning districts. An additional 9 square feet is allowed when the sign is placed next to an
alley. The intent of the amendment is to provide encouragement for identifications of
Staff Report for the Alley Signage Text Amendment Ordinance 2042 Page 2 of 8
entrances to buildings that are adjacent to alleys. The expectation is that this will provide
signs to smaller businesses who may be located in the rear areas of buildings. This additional
area may not be moved to another area of a building.
Alternatives
1. Recommend approval of the ordinance;
2. Recommend approval with modifications to the recommended ordinance;
3. Recommend denial of the ordinance based on findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
Text Amendment ................................................................................................................ 4
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 4
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 7
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ................ 7
APPENDIX B - NOTICING AND PUBLIC COMMENT ...................................................... 8
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ..................... 8
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF.............................. 8
FISCAL EFFECTS ................................................................................................................... 8
ATTACHMENTS ..................................................................................................................... 8
Staff Report for the Alley Signage Text Amendment Ordinance 2042 Page 3 of 8
SECTION 1 - MAP SERIES
Map of Affected Zoning Districts
Staff Report for the Alley Signage Text Amendment Ordinance 2042 Page 4 of 8
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.
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. Signs are not specifically discussed under the goals, objectives, or implementation
policies of the growth policy. There is one related objective - Objective C-1.3: Support
compatible infill within the existing area of the City rather than developing land requiring
expansion of the City’s area.
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Infill is defined in Appendix K as: “The development or redevelopment of vacant,
abandoned, or under utilized properties which are within developed areas of the City, and
where water, sewer, streets, and fire protection have already been developed and are
provided. Annexed areas located on the periphery of the City limits shall generally not be
considered infill sites.”
The Downtown Bozeman Improvement Plan 2019 (DBIP) is an adopted neighborhood plan
under the authority of the overall growth policy. On page 78, the DBIP discusses the
possibility of enlivening alleys. Many Main Street facing buildings also have accesses
located off of an alley. Changing retail and other business patterns have created opportunities
to utilize the portions of ground floor buildings as multiple types of businesses. Some of
these may have accesses off of the alley. The proposed amendment enable some additional
sign area, unique to alley orientation, to support such uses.
Appendix B of the DBIP suggests several possible revisions to the municipal code which
may advance the recommendations of the DBIP. Item 16 suggests consideration of alley
oriented sign area as an addition to the City’s sign code.
The Downtown area is not the only portion of the City to have alleys or to meet the definition
of infill. As staff considered the suggested code revision in the DBIP, it was determined that
the opportunity of alley oriented sign area should be generally applicable to all commercial
and industrial zoning districts. This includes both existing and future development. This
supports desired development patterns using alleys throughout the community. Section
38.700.020 defines an alley as “Alley. A permanent public thoroughfare providing a
secondary means of access to abutting lands connecting two right-of-way streets.” This
definition is broad and not restricted to any one zoning district or portion of the community.
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. In so far as alley signs
enable more ready identification of building entrances they may enable a more rapid
emergency response when required.
C. Promote public health, public safety, and general welfare.
Yes. The proposed amendment does not alter or remove any adopted standard implementing
this criterion. All adopted implementing standards remain in effect. In so far as alley signs
enable more ready identification of building entrances they may enable a more rapid
emergency response when required. Area of the signs are limited which will lessen light,
glare, or other potential impacts to adjacent properties. Impact of the amendment is expected
to be minimal.
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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.
E. Reasonable provision of adequate light and air.
Neutral. The proposed amendment is not applicable to this criteria.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The sign modification proposed is limited to wall signs that will not encroach into
public alleys. Therefore, the additional sign area is expected to have no impact on the
transportation system.
G. Promotion of compatible urban growth.
Neutral. The proposed amendment is a minor adjustment to sign regulations. Signs are
accessory to the buildings housing the business or other activity identified by the sign.
Therefore, the amendment is expected to have no impact on this criterion.
H. Character of the district.
Neutral. The proposed amendment applies in districts where larger sign areas are allowed. The
proposed amendment is a small adjustment to an accessory activity in the district and is
narrowly focused. Signs are, and have been for many years, allowed to be placed in an alley at
the discretion of the building owner. The amendment is not a new use, or a material expansion
of a standard that affects the allowed building volume or height. 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 is broadly applicable to all uses allowed within the affected districts which
are located adjacent to alleys. Therefore, there is no expected impact on this criterion.
J. Conserving the value of buildings.
Yes. The amendment is an increase in allowed sign area. It does not restrict or lessen any
allowed use, setback, height, or other standard. Therefore, 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 if the new opportunity is widely used. Therefore, the
value of buildings is conserved.
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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.
The amendment is broadly applicable to all uses allowed within the affected districts which
are located adjacent to alleys. 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
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 - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The Downtown Bozeman Improvement Plan, adopted in 2019, suggested a number of
revisions to the City’s development standards. One of those amendments was an
encouragement for additional sign area located along alleys. In evaluating the proposed
amendment, Community Development staff concluded that the arguments in favor of the
Staff Report for the Alley Signage Text Amendment Ordinance 2042 Page 8 of 8
amendment are not limited to only the B-3 zoning district. Therefore, the text has been
written to support a more broad application of the revised standard.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for a text amendment is provided by publication in the Bozeman Daily Chronicle.
Notice was published for this application on 6/28/2020, 7/12/2020, and 7/26/2020.
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 C – 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.
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 2042