HomeMy WebLinkAbout08-03-20 City Commission Packet Materials - A4b. Ord 2042 Alley Signage App 20035Page 1 of 9
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.
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 15, 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
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Staff Report for the Alley Signage Text Amendment Ordinance 2042 Page 2 of 9
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.
Strategic Plan
4.1 Informed Conversation on Growth
Continue developing an in-depth understanding of how Bozeman is growing and changing
and proactively address change in a balanced and coordinated manner.
4.4 Vibrant Downtown, Districts & Centers
Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and
neighborhood centers – including higher densities and intensification of use in these key
areas
Zoning Commission
The Zoning Commission held their public hearing on July 14th. They recommend favorably
on the Ordinance as presented on vote of 4-0. The recording of the meeting is available at
https://media.avcaptureall.com/session.html?sessionid=ac75d7c9-07cf-47f0-b6c8-
85407e6ee82e&prefilter=654,3835. Discussion of this amendment begins at 1:33:46 on the
recording.
Alternatives
1. Provisional adoption of the ordinance;
2. Provisional adoption of the ordinance with modifications to the recommended ordinance;
3. 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.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Strategic Plan ...................................................................................................................... 2
Zoning Commission ............................................................................................................ 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
Text Amendment ................................................................................................................ 5
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 5
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 8
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ................ 8
APPENDIX B - NOTICING AND PUBLIC COMMENT ...................................................... 8
APPENDIX C – APPLICANT INFORMATION AND REVIEWING STAFF ...................... 9
FISCAL EFFECTS ................................................................................................................... 9
ATTACHMENTS ..................................................................................................................... 9
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SECTION 1 - MAP SERIES
Map of Affected Zoning Districts
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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 held a public hearing on this ZMA on July 14, 2020. They
recommend in favor of 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.
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
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Staff Report for the Alley Signage Text Amendment Ordinance 2042 Page 6 of 9
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.
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.
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Staff Report for the Alley Signage Text Amendment Ordinance 2042 Page 7 of 9
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.
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.
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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
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.
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Publication dates are at least 15 and not more than 45 days prior to the Zoning Commission
or City Commission public hearings.
One public comments in support has been received to date and is included in the packet. Any
additional 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
Public comment
90
Page 1 of 6
ORDINANCE NO. 2042
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING TABLE 38.560.060 OF THE BOZEMAN MUNICIPAL CODE
TO AUTHORIZE ADDITIONAL SIGN AREA ADJACENT TO ALLEYS AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of Section
76-2-304, MCA; and
WHEREAS, the City has adopted Resolution 5005 adopting the Downtown Bozeman
Improvement Plan as a neighborhood plan under the growth policy; and
WHEREAS, the Downtown Bozeman Improvement Plan recommends increasing
commercial activities accessed via the alleys; and
WHEREAS, the City encourages infill development. Most existing alleys are located in
infill areas. Businesses adjacent to alleys may only have access via the alley and require
opportunity to advise the public to their location consistent with the balancing of interests
identified in 38.560.010. Development in new areas may also have alleys and such areas should
have the same opportunities for signs as infill areas; and
WHEREAS, it is in the interests of the City and public welfare to modify the allowance
for sign area adjacent to alleys.
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Ordinance 2042, Amending Table 38.560.060 of the Bozeman Municipal Code to Authorize Signage on Alleys
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Table 38.560.060 of the Bozeman Municipal Code be amended as follows:
Zoning District B-1 B-2,
B-2M B-3 UMU M-1 M-2
Maximum sq. ft. area 80 per
building
400
per
lot
250
per
lot
250
per lot
250 per
lot
250 per
lot
Allowed sq. ft. sign area per linear foot of
building frontage first 25 feet 1.5 or 2 1 2 or 3
1 2 2 or 3 1 2 or 3 1 2 or 3 1
Allowed sq. ft. sign area per linear foot of
building frontage > 25 feet 1 1.5 1.5 1.5 1.5 1.5
Allowed sq. ft. of wall sign authorized
adjacent to an alley in addition to the
otherwise authorized maximum sign area
9 9 9 9 9 9
Monument max. size sq. ft. 32 32 32 32 32 32
Monument max. height 5' 5' 5' 5' 5' 5'
Monument setback 5' 5' 5' 5' 5' 5'
Pole style max. height Prohibited 13' 13' 13' 13' 13'
Pole style setback Prohibited 15' 15' 15' 15' 15'
Pole style clearance Prohibited 8' 8' 8' 8' 8'
Pole sign max. sq. ft. Prohibited 32 32 32 32 32
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Ordinance 2042, Amending Table 38.560.060 of the Bozeman Municipal Code to Authorize Signage on Alleys
Page 3 of 6
Projecting sign max. area 8' 8' 12' 8' 8' 8'
Projecting sign max. distance 4' 4' 6' 4' 4' 4'
Rotating sign max area 2.5 sq. ft. 2.5
sq. ft.
2.5
sq. ft.
2.5 sq.
ft. Prohibited Prohibited
Non-Residential Uses
Zoning District BP PLI HMU REMU RO
Maximum sq. ft. area 250 per
lot
250 per
lot
250
per lot
250 per
lot
80 per
building
Allowed sq. ft. sign area per linear foot of
building frontage first 25 feet 2 or 3 1 2 or 3 1 2 or 3 1 2 or 3 1 1 or 1.25 1
Allowed sq. ft. sign area per linear foot of
building frontage > 25 feet 1.5 1.5 1.5 1.5 0.5
Allowed sq. ft. of wall sign authorized adjacent
to an alley in addition to the otherwise
authorized maximum sign area
9 9 9 9 9
Monument max. size sq. ft. 32 32 32 32 12
Monument max. height 5' 5' 5' 5' 5'
Monument setback 5' 5' 5' 5' 5'
Pole style max. height 13' 13' 13' 13' Prohibited
Pole style setback 15' 15' 15' 15' Prohibited
Pole style clearance 8' 8' 8' 8' Prohibited
Projecting sign max. area 8' 8' 8' 8' 8'
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Ordinance 2042, Amending Table 38.560.060 of the Bozeman Municipal Code to Authorize Signage on Alleys
Page 4 of 6
Projecting sign max. distance 4' 4' 4' 4' 4'
Rotating sign max. area Prohibited Prohibited 2.5 sq.
ft. Prohibited Prohibited
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
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Ordinance 2042, Amending Table 38.560.060 of the Bozeman Municipal Code to Authorize Signage on Alleys
Page 5 of 6
Codification.
This Ordinance shall be codified as indicated in Section 1.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 6th day of April, 2020.
____________________________________ CHRIS MEHL Mayor
ATTEST:
____________________________________ MIKE MAAS City Clerk
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Ordinance 2042, Amending Table 38.560.060 of the Bozeman Municipal Code to Authorize Signage on Alleys
Page 6 of 6
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2020. The effective date of this ordinance is ______________, 2020.
_________________________________
CHRIS MEHL Mayor
ATTEST:
_______________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
96
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
PROJECT INFORMATION
Project name:
Project type(s):
Description:
Street address:
Zip code:
Zoning:
Gross lot area:
Block frontage:
Number of buildings:
Type and Number of dwellings:
Non-residential building size(s):
(in stories)
Non-residential building height(s):
Number of parking spaces:
Afordable housing (Y/N):
Cash in lieu of parkland (Y/N):
VICINITY MAP
CITY USE ONLY
Submittal date:
Application fle number:
Planner:
DRC required (Y/N): Revision Date:
Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS 97
DEVELOPMENT REVIEW APPLICATION
1. PROPERTY OWNER
Name:
Full address (with zip code):
Phone:
Email:
2. APPLICANT
Name:
Full address (with zip code):
Phone:
Email:
3. REPRESENTATIVE
Name:
Full address (with zip code):
Phone:
Email:
4. SPECIAL DISTRICTS
Overlay District: Neighborhood Conservation None
Urban
Renewal District: Downtown North 7th Avenue Northeast North Park None
5. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if diferent) for all application types before the
submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms
and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development
approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may
be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject
site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true
and correct to the best of my (our) knowledge.
Certifcation of Completion and Compliance – I understand that conditions of approval may be applied to the application and that
I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with
municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved
fnal plan may result in delays of occupancy or costs to correct noncompliance.
continued on next page
Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS 98
DEVELOPMENT REVIEW APPLICATION
Applicant Signature:
Printed Name:
Owner Signature:
Printed Name:
Owner Signature:
Printed Name:
If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC.
Attach separate sheets for additional owner signatures.
6. APPLICATION TYPES
Check all that apply, use noted forms.
1. Pre-application Consultation
2. Master Site Plan
3. Site Plan
4. Subdivision pre-application
5. Subdivision preliminary plan
6. Subdivision fnal plan
7. Subdivision exemption
8. Condominium Review
9. PUD concept plan
10. PUD preliminary plan
11. PUD fnal plan
12. Annexation and Initial Zoning
13. Administrative Interpretation Appeal
14. Administrative Project Decision Appeal
. Commercial Non-residential COA
16. Historic Neighborhood
Conservation Overlay COA
17. Informal Review
18. Zoning Deviation/Departure
. Zoning or Subdivision Variance
. Conditional Use Permit
21. Special Temporary Use Permit
22. Special Use Permit
23. Regulated Activities in Wetlands
24. Zone Map Amendment (non-Annexation)
25. UDC Text Amendment
26. Growth Policy Amendment
27. Modifcation/Plan Amendment
. Extension of Approved Plan
. Reasonable Accommodation
30. Comprehensive Sign Plan
31. Other:
CONTACT US
FORM FORM
None INF
MSP None
SP 19 Z/SVAR
PA 20 CUP
PP STUP
FP SUP
SE WR
CR ZMA
PUDC ZTA
PUDP GPA
PUDFP MOD
ANNX 28 EXT
AIA 29 RA
APA CSP
15 CCOA
NCOA
Alfred M. Stif Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406.582.2260
fax 406.582.2263
planning@bozeman.net
www.bozeman.net
Development Review Application A1 Page 3 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS 99
July 13, 2020 Bozeman Zoning Commission c/o Chris Saunders, AICP & Tom Rogers, AICP Department of Community Development City of Bozeman
20 East Olive Street Bozeman, Montana 59715
RE: Bozeman UDC Text Amendments Members of the Zoning Commission:
Please accept this letter of public comment in support of the individual Action Items below:
• Item 2. Ordinance 2041 – Revisions to review procedures for detached Accessory Dwelling Units in the R-S and R-1 zoning districts. (#20035) Amendment to allow detached Accessory Dwelling Units in the R-S and R-1 zones to be reviewed as principal uses rather than special uses.
The Downtown Bozeman Improvement Plan (2019) supports this amendment: “Build on and
expand the city’s recent code changes that allow Accessory Dwelling Units” (DBIP, Pg. 108). This procedural change to allow ADUs with a simpler review process will hopefully promote more of this type of gentle infill that adds density and diversity to the housing stock and provides an option for existing residents to reinvest in their properties.
• Item 4. Ordinance 2046 – Revisions to Section 38.310.040 to remove or revise restrictions on location of certain non-residential uses. (#20035) Amendment to the permitted uses tables in Section 38.310.040 and associated footnotes.
The Downtown Bozeman Improvement Plan (2019) supports this amendment which addresses the intent of several recommendations in Appendix A (#1, 2, 4) and meets many of the goals.
“Stay flexible - As the retail industry is undergoing significant shifts, the best course of action is to remain flexible. The community should make sure the regulatory, organizational, and marketing environments are as supportive as possible to retain existing retailers and allow for new innovations to emerge” (DBIP, Pg. 74).
“Enliven the Alleys: Downtown’s retail identity is largely focused on Main Street, as well as some key side streets like Grand, Willson, and Tracy Streets. “Front door” locations on Main Street are prime sites for established retailers, but are typically large spaces on deep blocks. These large spaces often have higher rents and limit opportunities for new businesses to start-up in smaller spaces. Downtown’s side streets and alleys are great locations to encourage start-up retail spaces, smaller maker spaces, or offices.” (DBIP, Pg. 78)
Expanding the overall flexibility in the B3 zone is more important now than ever due to current and anticipated economic impacts of the COVID pandemic.
• Item 5. Ordinance 2045 – Revisions to Section 38.400.100 and Section 38.38.200.010 modifying street vision triangle (#20035) Amendment to allow the City Engineering to administratively alter the required dimensions of the street vision triangle under defined circumstances.
100
The Downtown Bozeman Improvement Plan (2019) supports the intent of this amendment (Appendix A, #7) which allows the Engineering Division more flexibility to look at site-specific details (that especially come into play in urban infill areas like Downtown) when evaluating safety requirements for site vision triangles.
• Item 6. Ordinance 2042 – Revisions to Section 38.560.060 sign standards to allow additional sign area along alleys. (#20035) Amendment to allow an additional 9 square feet of sign area over and above otherwise allowed maximum sign area when the sign is
adjacent an alley.
The Downtown Bozeman Improvement Plan (2019) supports the intent of this amendment
(Appendix A, #16) which is also related to Item 4 - allowing alley signage not only supports use
flexibility but can also add to district character:
“Build a unique alley personality: The Downtown Bozeman Alley Sketchbook study
laid out a series of aesthetic and functional improvements that can be made to the
alleys north and south of Main Street to make them more usable spaces. These
improvements will support the adjacent small business/retail components.
Signage, lighting, murals and art, and landscape can all co-exist with the important
functional elements of the alleys, like service and loading, while adding vitality and
identity to these unique spaces. The alleys are also prime spaces for
experimentation, almost “hidden” gems that need to be discovered. Ideas such as
installation of vintage or new neon signs, small apartments or other unexpected
sights and uses can be tested in this deliberately eclectic area.” (DBIP, Pg. 78-79).
Thank you very much for your time and consideration.
Sincerely,
Chris Naumann Executive Director
Downtown Bozeman Partnership
CC: Susan Riggs, AICP, Groundprint, LLC
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