HomeMy WebLinkAbout08-03-20 City Commission Packet Materials - A4d. Ord 2045 Street Vision Triangle App 20035Page 1 of 8
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: Amend Chapter 38 to authorize the City Engineer to administratively
change the required site vision triangle under certain circumstances.
Project Location: Applicable city-wide
Recommendation: Meets standards for adoption of Ordinance 2045.
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 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
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.
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.
b) Develop and Align Infill Policies - Develop, adopt and align city policies for infill and
redevelopment, economic development and public infrastructure.
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 a 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 1:24:20 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 .................................................................................................... 3
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 3
Text Amendment ................................................................................................................ 3
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 4
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 6
APPENDIX A - NOTICING AND PUBLIC COMMENT ..................................................... 7
APPENDIX B – APPLICANT INFORMATION AND REVIEWING STAFF ...................... 7
FISCAL EFFECTS ................................................................................................................... 7
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
Bozeman Improvement Plan (DBIP), a neighborhood plan underneath the overall structure of
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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. 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
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
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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.
One public comment was received before the Zoning Commission in support of the
amendment. Any additional 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.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
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Application form
Ordinance 2045
Public comment
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Page 1 of 8
ORDINANCE NO. 2045
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING SECTION 38.200.010, REVIEW AUTHORITY, AND SECTION
38.400.100, STREET VISION TRIANGLE, OF THE BOZEMAN MUNICIPAL CODE TO
AUTHORIZE ADMINISTRATIVE MODIFICATION OF VISIBILITY STANDARDS
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, intersections of streets are points of potential conflict between travelers; and
WHEREAS, being able to see on-coming travelers lessens likelihood of accident and
injury; and
WHEREAS, the City has established standards so that adequate visibility is provided.
Those standards recognize differences between the visibility needs at different types of
intersections; and
WHEREAS, it has been identified that additional administrative flexibility is appropriate
to respond to the site specific circumstances of certain intersections; and
WHEREAS, it is in the interests of the City and public welfare to identify the process and
decision maker for application of such administrative flexibility.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Section 38.200.010 of the Bozeman Municipal Code be amended as follows:
Sec. 38.200.010. - Review authority.
A. The city commission has the right to review and require revisions to all development proposals subject to this chapter, and delegates that authority in certain circumstances as set forth below. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to
protect public investments in roads, drainage facilities, sewage facilities, water facilities, and
other facilities; to conserve the value of adjoining buildings and/or property; to protect the character of the city; to protect the right of use of property; advance the purposes and standards of this chapter and the adopted growth policy; and to ensure that the applicable regulations of the city are upheld.
1. The city commission retains to itself under all circumstances the review of the following:
a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this chapter;
b. Amendments to the text of this chapter or amendment to the zoning map;
c. Requests for cash-in-lieu of parkland dedications, except:
(1) In the B-3 zone district; or
(2) When by resolution the city commission delegates decisions on cash-in-lieu for development for which it would not otherwise be the review authority.
d. Extensions of subdivision preliminary plat approvals for periods greater than two years;
e. Planned unit development preliminary plans and major amendments to planned unit
developments;
f. Appeals from administrative interpretations and final project review decisions;
g. Approval of park master plans;
h. Large scale retail per section 38.360.150; and
i. Exceptions to installation of bikeways and boulevard trails per section 38.400.110.E.
j. Conditional use permits when no board of adjustment is established;
k. More than two deviations or where deviation is for more than 20 percent of standard;
l. Amendments to text or zoning map per division 38.260.
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2. The city commission conducts public hearing for applications under 76-2-402,
MCA.
B. The community development director must, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny all applications subject to this chapter except those listed below. Decisions of the community development director are subject to the appeal provisions of division 38.250 of this chapter.
1. Projects excluded from community development director review:
a. Those applications specifically reserved to another approval authority as stated in this section;
b. Development of city property which does not conform to all standards of this chapter;
c. Any application involving variances from this chapter;
2. Exception. The city commission may, by an affirmative, simple majority vote of its
members at a regularly scheduled meeting reclaim to itself the final approval of a development application normally subject to the approval of the community development director. The vote must occur prior to the action of the community development director.
C. When a board of adjustment has been appointed per section 2.05.2800, the board of adjustment
must, upon recommendation from the applicable advisory bodies approve, approve with
conditions or deny those applications specifically delegated to it by the city commission. Decisions of the BOA are subject to the appeal provisions of division 38.250 of this chapter.
1. Exception. The city commission may, by an affirmative vote of three of its members at a regularly scheduled meeting reclaim to itself the final approval of a development
normally subject to the approval of the board of adjustment. The vote must occur prior to
the action of the board of adjustment.
D. The city engineer must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following site elements and processes:
1. Site access and storm water for reuse and further development per section 38.230.160.B;
2. Location of storm water facilities within neighborhood centers per section 38.410.020;
3. The placement of private utility easements within public rights-of-way owned or controlled by the city;
4. The maximum length of dead end water mains per section 38.410.070;
5. The maximum length of service lines per section 38.410.070;
6. Exceptions to storm water controls per section 38.410.080;
7. All modifications or proposed standards in section 38.400.010 except section 38.400.010.A.1;
8. Plans and specifications for public infrastructure and infrastructure to be granted to the public per sections 38.400.060.A and B.1—3;
9. Alternate curb return radii per section 38.400.090.C.3;
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10. Locations and modifications to drive accesses to public streets per sections 38.400.090.G
and H;
11. Street improvement standards per section 38.400.060;
12. Departures for street vision triangles per section 38.400.100.
12. 13. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing per section 38.540.020.D, F and J;
13. 14. Protection of landscaped area per section 38.550.050.H;
14. 15. All actions required of the flood plain administrator per article 6 of this chapter;
15. 16. Modifications in required completion time for subdivision improvements per section 38.270.030.B.1;
16. 17. The use of a financial guarantee for paving of streets per 38.270.060.B;
17. 18. The waiver of required information per section 38.220.080.A.2.i(3);
18. 19. Requirement for a traffic impact analysis and determination of its contents per section 38.220.120.A.2.c(5);
19. 20. Specifications for paving of streets and parking areas;
20. 21. Designation of street classifications for collectors and arterials not shown in the
long range transportation plan; and
21. 22. Alternate parking angles for surface and structured parking stall configurations listed in Table 38.540.020. All other numeric standards apply.
E. The director of public works must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following
development elements and processes:
1. Waiver of the requirement to extend water, sewer, and streets to the perimeter of property being developed per section 38.410.070;
2. Provision of water rights as authorized in section 38.410.130;
3. Subject to section 38.400.060, exceptions to the level of service standards established in
section 38.400.060.B.4;
4. Payment of cash in-lieu of capital facilities established in section 38.270.070.C; and
5. Acceptable alternative sidewalk design or materials per section 38.400.080.
F. The director of parks and recreation must determine the classification of trails per section 38.420.110.D.
G. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable
advisory bodies to review and to make recommendations to the review authority regarding development proposals. Under this section, when advisory boards review and make recommendations to the review authority they act in a quasi-judicial capacity. Recommendations do not constitute votes of approval or denial.
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H. The city commission or its designated representatives may require the applicant to design
the proposed development to reasonably minimize potentially significant adverse impacts
identified through the review required by these regulations. The city commission or its
designated representatives may not unreasonably restrict a landowner's ability to develop
land, but it is recognized that in some instances the unmitigated impacts of a proposed
development may be unacceptable and will preclude approval of the development as
submitted. Recognizing that the standards of this chapter are minimum requirements and the
public health, safety, and general welfare may be best served by exceeding those minimums,
the city commission or community development director may require as a condition of
approval mitigation exceeding the minimums of this chapter.
Section 2
That Section 38.400.100 of the Bozeman Municipal Code be amended as follows:
Sec. 38.400.100. - Street vision triangle.
A. Arterial streets. On corner lots on arterial streets in all districts, no fence, wall or planting in
excess of 30 inches above the street centerline grade is permitted within a triangular area
defined as follows: beginning at the intersection of the projected curblines of the two
intersection streets, thence 50 feet along one curbline, thence diagonally to the point 50 feet
from the point of beginning on the other curblines, then to the point of beginning, except when
traffic control signals are installed, in which case the a local street vision triangle shall apply.
Nothing in this section prohibits portions of buildings 12 feet or more above grade from
encroaching into required vision triangle setbacks.
B. Collector and local streets. On corner lots, on collector and local streets, in all districts, no
fence, wall or planting in excess of 30 inches above the street centerline grades is permitted
within a triangular area defined as follows: beginning at the intersection of the projected
curblines of two intersecting streets, thence 40 feet along one curbline, thence diagonally to a
point 40 feet from the point of beginning on the other curbline, then to the point of beginning.
C. Drive aisles and alleys. At the intersection of each driveway or alley with a street, no fence,
wall or planting in excess of 30 inches above the street centerline grade is permitted within a
triangular area where corners are defined by two points on the right-of-way line, 15 feet on
each side of the centerline of the driveway or alley and a point on centerline ten feet outside
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the right-of-way. Any driveway or alley wider than 30 feet curb to curb at the right-of-way
line must use the vision triangle standard for local streets when intersecting local, collector,
or arterial streets.
D. Provision for trees in street vision triangle.
1. Single-stem canopy trees are discouraged but may be permitted in street vision triangles
as described in this section, provided that mature trees do not significantly affect safe
driving conditions and are maintained such that no canopy foliage exists below a height
of ten feet above centerline of intersecting streets.
2. Trees which are located in the street vision triangle and which preexisted the adoption of
the ordinance from which this chapter is derived may be allowed to remain, provided the
trees are trimmed such that no limbs or foliage exist below a height of ten feet above
centerline grades of intersecting streets.
E. The review authority may grant a departure from the standards of this section for
intersections with traffic signals, intersections on one-way streets, or intersections on streets
classified as an urban route by the Montana Department of Transportation. Departure criteria
are: a revision can be accomplished without jeopardizing the public's health, safety and
welfare, the intent of this chapter, or the intent of the city's growth policy.
Section 3
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.
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Section 4
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 5
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 6
Codification.
This Ordinance shall be codified as indicated in Sections 1-2.
Section 7
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.
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____________________________________
CHRIS MEHL Mayor
ATTEST:
____________________________________ MIKE MAAS City Clerk
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
142
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 143
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 144
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 145
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.
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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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