HomeMy WebLinkAboutApprove Reclaim review authority for Sign Certificate for HRDC_8
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development
SUBJECT: Z-13093, Chandler Communications Sign Certificate of Appropriateness
request for City Commission reclamation of review authority. (Quasi-Judicial)
MEETING DATE: June 3, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Staff recommends that the Commission reclaim initial review authority for application Z-13093. RECOMMENDED MOTION: The City Commission having been requested to reclaim review
authority for Sign/Certificate of Appropriateness Z-13093 I move to reclaim original review
authority and schedule the date of June 24, 2013 to consider the application. BACKGROUND:
Request: The HRDC has requested the City Commission to reclaim original review authority for
a proposal to place transit shelters incorporating off-premise advertising to the general
public. The letter requesting the reclamation of review authority immediately follows this memo.
Application Type: Sign permit with certificate of appropriateness.
Review Authority: Typically, per Section 38.34.010.B, BMC the Director of Community
Development is the review authority. Per Sections 38.34.010.A and 38.34.010.B.2 the City
Commission may reclaim review authority by a simple majority vote. The sections are attached after the letter requesting Commission to reclaim review authority.
Criteria: The municipal code has established no criteria for reclaiming review authority but
leaves entirely to the Commission’s discretion the decision to reclaim or not reclaim an
application. If reclaimed the applicable review criteria will be for signs, especially off-
premise signs per Section 38.25.150 and certificate of appropriateness criteria for the entryway overlay per Article 38.25 and the Design Objectives Plan.
Location: Three sites are proposed for review at this time. Zoning designations are: B-2 (19th
Avenue and Baxter), BP (23rd Avenue and College Street), and R-4 (Ellis Street and
Haggerty Lane).
Key regulations: Off-premise advertising is generally prohibited in the City of Bozeman but a limited exception with specific performance requirements is allowed under Section
38.28.150. The text of the section is attached following the code excerpt from 38.34.010. The
exception was created in 2009. This is the first formal proposal to use this section.
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The provisions for advertising on municipal facilities allowed by Chapter 34, Article 7 do not
apply.
Notice and comment: No public notice action has occurred to date and no public comment has
been received. An application of this nature does not typically require public notice to be given.
This is the first time this issue has been addressed as a formal application for approval. The
issues were previously raised and discussed conceptually which resulted in the text of
Section 38.28.150.A.1, BMC being adopted.
UNRESOLVED ISSUES: Does the Commission wish to reclaim original review authority for
this project or does the Commission wish to leave review authority with the Director of
Community Development.
ALTERNATIVES: The City Commission has the following alternative actions available:
1. Reclaim original review authority as authorized in Section 38.34.010.B.2, BMC and schedule
a date for action; or
2. Leave application Z-13093 for initial review by the Director of Community Development
with the Director’s administrative action subject to appeal per Section 38.35.030, BMC. An appeal of administrative action would go to the City Commission.
FISCAL EFFECTS: None identified at this time.
Report compiled on: May 22, 2013 Attachments: Letter requesting reclaim
Text excerpt from Section 38.34.010, BMC
Text of Section 38.25.150, BMC
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PART II - CODE OF ORDINANCES
Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 34. - ADMINISTRATION, FEES AND PENALTIES
Bozeman, Montana, Code of Ordinances Page 1
Sec. 38.34.010. - 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 5 of this chapter;
b. Amendments to the text of this chapter or amendment to the zoning map;
c. Determination to accept cash-in-lieu of park land dedications, except in the B-3 zone district;
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. Conduct public hearing for applications under 76-2-402, MCA;
g. Appeals from administrative interpretations and final project review decisions;
h. Approval of park master plans;
i. Large scale retail per section 38.22.180; and
j. Exceptions to installation of bikeways and boulevard trails per 38.24.110.E.
B. The planning director shall, upon recommendation from the DRC, DRB, ADR, WRB or other advisory body as may be applicable approve, approve with conditions or deny all applications subject to this
chapter except those listed below, Decisions of the planning director are subject to the appeal provisions of article 35 of this chapter.
1. Projects excluded from planning 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. Conduct public hearing for applications under 76-2-402 MCA;
d. Any application involving variances from this chapter;
e. Subdivision preliminary and final plats not meeting the requirements for a subdivision exemption per article 5;
f. Conditional use permits;
g. Preliminary plans and major amendments to planned unit developments;
h. Large scale retail per section 38.22.180
i. Exceptions to design standards for transportation pathways per section 38.24.110.E;
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PART II - CODE OF ORDINANCES
Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 34. - ADMINISTRATION, FEES AND PENALTIES
Bozeman, Montana, Code of Ordinances Page 2
j. Applications, except within the B-3 zoning district, which propose the use of cash-in-lieu of parkland per section 38.27.030
k. Approval of park master plans,
l. Designation of historic or culturally significant signs;
m. Applications with deviations except that the planning director is the review authority for applications which have:
(1) Two or fewer deviations, which deviations may not request a more than 20 percent change in the standard for which the deviation is sought; and
(2) Which are not otherwise prohibited to the planning director for their review;
n. Amendments to the text or the zoning map per articles 36 and 37;
o. Extensions to subdivision review for periods exceeding two years; and
p. Appeals from final administrative action on interpretations or project final decisions;
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 normally
subject to the approval of the planning director. The vote shall occur prior to the action of the planning director.
Remainder of Section deleted
(Ord. No. 1645, § 18.64.010, 8-15-2005; Ord. No. 1670, § 18.64.010, 8-28-2006; Ord. No. 1693, §
23(18.64.010), 2-20-2007; Ord. No. 1761, exh. M(18.64.010), 7-6-2009; Ord. No. 1809, § 2, 7-11-2011; Ord. No. 1832, § 3, 6-18-2012; Ord. No. 1827, § 5, 9-10-2012)
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PART II - CODE OF ORDINANCES
Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 28. - SIGNS
Bozeman, Montana, Code of Ordinances Page 1
Sec. 38.28.150. - Billboards and other off-premises advertising.
A. Off-premises commercial advertising signs are not permitted within the city limits except as permitted
by state or federal law.
1. Exception: Off-premises signs may be placed on the interior of transit shelters reviewed and
approved by the city and served by an active fixed route transit service. Signage within a transit shelter shall not distract drivers of vehicles nor be legible from the driving lanes.
(Ord. No. 1645, § 18.52.140, 8-15-2005; Ord. No. 1693, § 18(18.52.140), 2-20-2007; Ord. No. 1761, exh. J(18.52.140), 7-6-2009; Ord. No. 1769, exh. J(18.52.140), 12-28-2009)
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